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HomeMy WebLinkAbout05/14/03 AGENDA 239 4th Street · Brernerton, WA 98337 · Phone (360) 478-5280 · Fax (360) 478-5251 CITY COUNCIL MEETING AGENDA MAY '14, 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 - April 23, 2003 (#AB03-076) B. Minutes of Meeting - April 30, 2003 (#AB03-077) C. Contract Modification Agreement No. 1 with AIR SYSTEMS ENGINEERING, INC. for Mechanical Upgrade of Lobby/Overlook Area at Jarstad Aquatic Center (#AB03-078) D. Change Order No. 1 with STAR SEISMIC LLC for "Casad Dam Intake Tower Seismic Brace Fabrication & Supply" Project (#AB03-079) E. Contract for Purchase of Water Booster Pumps & Electric Motors for "West 650 Pressure Zone Improvements" Project (#AB03-080) 4. CLAIMS/CHECK REGISTERS 5. COUNCIL MEMBER REPORTS 6. MAYOR'S REPORT 7. PUBLIC RECOGNITION - Comments limited to 3-minutes 8. NEW BUSINESS A. Appointment of Christopher Holden to Bremerton Housing Authority Board of ,~ Commissioners (#AB03-081) B. Recommendation to Allocate Funds from the HOME Program to LIHI to Rehabilitate Property at 704 Chester Avenue (#AB03-082) CONTINUED ON BACK .... E-mail: citycouncil@ci.brernerton.wa.us · Web: www. ci.bremerton.wa.us C. Contract with FISCHER GENERAL CONTRACTING, INC. for Renovation of Storage Building for use by the Police Department [Public Safety Bonds] (#AB03-083) D. Setting Salary Range for Municipal Services Coordinator (#AB03~084) -~, 9. PUBLIC HEARINGS - ORDINANCES & RESOLUTIONR A. Ordinance [First Reading] Vacating a Portion of Alley between 5~h & 6 Pacific and Washington Avenues (#AB03-085) B. Resolution No. 2892 approving Interagency Agreement with Kitsap County for Water ~' Main Construction (#AB03-086) C. Closed Record Hearing regarding SWC PARTNERSHIP application for Rezone from Low-Density Residential to General Business (#AB03-087) 10. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING April 28, 2003 BILL # 0 ~ -- 07~9 DATE SUBMITTED: AGENDA BILL ~A CITY OF BREMERTON CITY COUNCIL SUBJECT: Committee Meeting Date: N/A Meeting Minutes - April 23, 2003 COUNCIL MEETING Date: May 14, 2003 Department: City Council Presenter: Council President Phone: (360) 478-5280 SUMMARY: Attached are the Meeting Minutes for the regular City Council meeting of April 23, 2003. ATTACHMENTS: Meeting Minutes for April 23, 2003 FISCAL IMPACTS (Include Budgeted Amount): 0 APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: MAYOR: FISCAL/BUDGET: OPERATIONS: COUNCIL PRESDENT: RECOMMENDED MOTION: Move to approve Consent Agenda as presented AGENDA STATUS: Consent [] New Business [] Old Business [] Ordinance [] COUNCIL ACTION: [] Approve [] Deny [] Postpone [] No Action Resolution [] Public Hearing [] Information [] Study Session [] TAPE #1889 CITY COUNCIL MEETING MINUTES April 23, 2003 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4t~ Street, Bremerton, Washington, Wednesday, April 23, 2003, at 5:30 P.M., with Council President Carol Arends presiding. Council members present were Mike Short, Will Maupin, Mike Shepherd, Ed Rollman, Daren Nygren, and Cecil McConnell. Council member Wayne Olsen was absent. Aisc present were City Attorney Roger Lubovich; Deputy City Clerk Paula Johnston; and Legislative Assistant Lori Smith. The meeting opened with the Pledge of Allegiance led by Council Member Cecil McConnell, followed by the invocation provided by Reverend Ron Anderson of the Manette Community Church. President Arends made the following announcements: 1. A Pre-Council session was held in the Council Conference Room to discuss updates to the meeting agenda, CONSENT AGENDA - There are no Consent Agenda items this week CLAIMS & CHECK REGISTERS Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090 have been recorded on a listing that had been made available to the Council. #0025 M/S/C/U (Younger/McConnell/) On April 23, 2003, the Council approved payment for Check Numbers 280318 through 280512; 7630P, 7632P, 7625P, EFT 7626, EFT 7627, EFT 7631, AND EFT 7633 in the total amount of $278,285.57; Regular Payroll in the amount of $909,242.11 for the pay period ending April 15, 2003. COUNCIL MEMBERS Mike Shepherd mentioned the Sinclair inlet Clean-Up Event held last Saturday; and encouraged residents to shop locally. Ed Rollman announced the Spring Clean-Up for City of Bremerton residents will be held Monday, April 21 through Saturday, April 26; commented on the recent District 1 & 2 Meeting that he attended on behalf of District 1 Council Member Wayne Olsen; and thanked CENCOM Director Ron MacAffee, CENCOM Board Members, and Kitsap County Commissioners for their part in promoting Proposition 1 to provide for upgrades and maintenance for 911 services. Daren Nyqren thanked several local businesses for keeping their doors open even during tough economic times and was hopeful that those businesses would benefit from the downtown redevelopment efforts. Carol Arends announced her plans to attend the Puget Sound Regional Council Transportation Policy Board meeting in Seattle tomorrow. MAYOR'S REPORT - Mayor Bozeman ... · Shared his opinion on several comments made at a previous Council meeting when action was being taken on the "Job Description for Municipal Services Coordinato?' item · Emphasized that his campaign was based on "change" and "economic developmen¢' · Explained that success will only happen if alliances and partnerships are formed TAPE #1889 City Council Reg. Mtg. Minutes April 23, 2003 Page 2 of 4 PUBLIC RECOGNITION Gordy Byrd provided an update on his challenge to collect a large number of tooth brushes. H. Emily Moshay passed on an invitation from RICE, FERGUS, & MILLER ARCHITECTS who were hosting the Bremerton Chamber of Commerce "After Hours" event this evening. Natacha Sesko was concerned about the recent clean-up done on her property. Mr. Lubovich explained that the property being discussed is part of pending litigation and therefore could not be discussed. John Thomas asked for the cost of placing a "City of Bremerton" insignia on manhole covers; and where money used for 911 services would be diverted since the bond passed. Don Larson reported on the Sinclair Inlet Clean-Up event held last Saturday; and thanked all of the businesses for their donations. Council President Arends clarified for Allen Shute that speakers may not speak for the full three minutes if pending litigation is at issue. 9A - ORDINANCE {FIRST READING) REPEALING AND REPLACING CHAPTER 21.06 OF THE BRIEMERTON MUNICIPAL CODE RELATING TO COMPREHENSIVE PLANS (#AB03- 063): RoRer Lubovich, City Attorney, explained that the current provisions of Chapter 21.06 of the BMC do not provide adequate procedures for comprehensive plan amendments. The proposed ordinance provides updated procedures for amending the City of Bremerton Comprehensive Plan. Chris Hugo, Director of Community Development, explained that it has been 8 years since the last update to the Comprehensive Plan. This proposal would allow for a change from an annual process to a biennial process. There were no comments from the public. Mr. Maupin, Mr. Shepherd, and Mr. Sho~ provided comments in support of this ordinance. #1309 M/S/C/U (Shepherd/Maupin) Move to approve the proposed ordinance on first reading. 9B - RESOLUTION NO. 2890 SETTING A HEARING DATE FOR MAY 14~ 2003 REGARDIN(~ A CITY-INITIATED STREET VACATION FOR A PORTION OF AN ALLEY BETWEEN 5TM & 6 TM STREETS, AND PACIFIC & WASHINGTON AVENUES (#AB03-064): Michael Mecham, ~iht~, Engineer, indicated that the City initiated the vacation of a portion of the alley between 5th & 6 Streets, and Pacific & Washington Avenues. The vacated area will be incorporated into the abutting City-owned property to provide a site compatible for usage for the Bremerton Government Center. This is a Class III] right-of-way, and compensation is not required in accordance with BMC 11.20.080. The City Council is being requested to establish a hearing date of May 14, 2003, to consider the proposed vacation. Staff recommends passage of the proposed resolution. There were no comments from the public. Mr. Shepherd stepped out of the meeting at approx. 6:17 P.M. and was not available for the following vote... #1405 M/S/C/U (Younger/Short) Move to pass Resolution No. 2890, setting a hearing date of May 14, 2003, for vacating a portion of the alley between 5th & 6th Streets, and Pacific & Washington Avenues. TAPE #1889 City Council Reg. Mtg. Minutes April 23, 2003 Page 3 of 4 Mr. Shepherd returned to the meeting at approx. 6:19 P.M. 9C - PUBLIC HI~ARING ON 2003 FINAL ALLOCATION RECOMMENDATIONS FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS (#AB03-065): MaryIyn Waibel, CDBG Program Administrator, reported that the City of Bremerton has received notification from the Department of Housing and Urban Development that the actual year 2003 Community Block Grant (CDBG) allocation is $611,000. The City Council previously approved awarding $550,000 of the funds to activities recommended by the CDBG Citizen's Advisory Committee. Based on the ratings it is recommended that the Council award $61,000.00 in additional funds as follows: $11,667.00 to the Department and Economic Development for Anderson Cove Planning; $7,360.18 to Kitsap Sexual Assault Center; and $41,972.82 to the Bremerton Public Works Department for its sidewalk program. In addition, staff is recommending that $50,000 from the CDBG Revolving Loan Program be awarded to Catholic Community Services to be used for the reopening of the Gateway Child Care Center. Don Larson offered the assistance of volunteers from Kitsap Trees to plant more trees. Dawn Larson, Assistant Childcare Director for Catholic Community Services, expressed her appreciation for the support received from the community. Joanne Gowler, Child Abuse Prevention Program at the Kitsap Sexual Assault Center, also thanked the City for their support, and in addition thanked the CDBG Advisory Committee and CDBG staff for their assistance through the process. Mr. McConnell asked if funds were available to keep the center running. Ms. Larson explained that with fundraising efforts, it is expected to keep the center open. Mr. Shepherd provided comments in support of this funding. Mr. Youn.qer requested further details on the $61,000 allocation for "Anderson Cove Planning". Mr. Sexton explained that the funds would be used to study the feasibility of building a school in the Anderson Cove area. Mr. Younqer inquired about the use of funds for the "Sidewalk Program". Bob Tulp, Operations Manager, responded that the Engineering Department was awaiting approval of these funds prior to selecting project locations. Mr. Younger further asked how much money was in the CDBG Revolving Fund. Ms. Waibel explained that when the $61,000 in additional funds was received, the ranking list of applicants was reviewed, and they simply went down the list. However, she explained that the Administration did request that if additional funds were received from HUD, that the funds be allocated to study the feasibility of building a school in the Anderson Cove area, which is an appropriate use for these funds. Mr. Youn.qer summarized that although all of the applicants are worthy of receiving money, he questioned the "fairness" of the process that was used to allocate the additional funds, and would like to see changes. Mr. Ny~ren agreed that the process was flawed, and additionally noted that he would have preferred to see this information brought to the Council sooner. Mr. Short added that if the involvement of the Citizen Advisory Committee is bypassed in the process, that issue also needs to be addressed, TAPE #1889 City Council Reg. Mtg. Minutes April 23, 2003 Page 4 of 4 Mr. Rollman asked for clarification on the ranking of the applicants. Ms. Waibel answered that the rankings were determined by the citizens' Advisory Committee. However, she reiterated that the Administration directed the level of funding for two additional projects, the Anderson Cove Study and Catholic Community Services. She further explained that the other applicants received funding based on the ranking determined by the committee, and that the ranking of each applicant was based on the needs of the community. Mr. Maupin expressed his support for the various projects that were presented, but agreed that the process needs to be changed. Ms. Arends thanked the committee for their efforts in reviewing the requests of the applicants. #2625 M/S/C (Shepherd/Rollman) Move to approve the recommendations for the additional CDBG funds as described. Voted in favor of Motion: Rollman, Shepherd, Younger, Maupin, Short, McConnell, and Arends Voted opposed to Motion: Nygren Motion carried: 7-Yes; 1-No With no further business, the regular meeting of the City Council was adjourned at 6:49 P.M. Prepared and Submitted by: LORI SMITH Legislative Assistant Attest: PAULA JOHNSTON, Deputy City Clerk CAROL ARENDS, City Council President City of Bremerton CNPJ/Is/cge DATE SUBMITTED: May 2, 2003 BILL # ~ ."'2,.9 ~ ~ 7 V AGENDA BILL 3B CITY OF BI~MERTON CITY COUNCIL SUBJECT: Committee Meeting Date: N/A Meeting Minutes - April 30, 2003 COUNCIL MEETINO Date: May 14, 2003 Department: City Council Presenter: Council President Phone: (360) 478-52g0 SUMMARY: Attached are the Meeting Minutes for the regular City Council meeting of April 30, 2003. ATTACHMENTS: Meeting Minutes for April 30, 2003 FISCAL IMPACTS (Include Budgeted Amount): 0 APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: MAYOR: FISCAL/BUDGET: K/Pt OPERATIONS: ~J/~ COUNCIL PRESIDENT: ~'.~. ~(~'~.~d.i~.~2 RECOMMENDED MOTION: Move to approve Consent Agenda as presented AGENDA STATUS: Consent [] New Business [] Old Business [] Ordinance [] COUNCIL ACTION: [] Approve [] Deny [] Postpone [] No Action Resolution [] Public Hearing [] Information [] ~ Study Session [] TAPES #1890 & 1891 CITY COUNCIL MEETING MINUTES April 30, 2003 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4t~ Street, Bremerton, Washington, Wednesday, April 30, 2003, at 5:30 P.M., with Council President Carol Arends presiding. Council members present were Mike Short, Will Maupin, Mike Shepherd (left at approx. 6:28 P.M.) Ed Rollman, Cecil McConnell, and Wayne Olsen. Council members Daren Nygren and Eric Younger were absent. Also present were City Attorney Roger Lubovich; Deputy City Clerk Paula Johnston; and Legislative Assistant Lori Smith. The meeting opened with the Pledge of Allegiance led by Council Member Cecil McConnell, followed by the invocation provided by Reverend Danny Allen of Grace Pentecostal 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. The Monthly Study Session will be held next Wednesday. CONSENT AGENDA A. Minutes of Meeting - April 9, 2003 (#AB03-066) B. Minutes of Meeting - April 16, 2003 (#AB03-067) #.0025 MISlC/U (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. #0055 M/S/C/U (McConnell/Rollman) On April 30, 2003, the Council approved payment for Check Numbers 280533 through 280736; 7646P; and EFT's 7639, 7640, 7644, 7645, and 7647 in the total amount of $691,809.37; and Retiree Payroll for the period ending April 30, 2003 in the amount of $139,813.00. COUNCIL MEMBERS Wayne Olsen was glad to be back in the "colonies" after an extended trip to the United Kingdom. Ed Rollman reported on his attendance at the Armed Forces Tea and passed on good news that the Navy plans on building a parking garage at the corner of 4th Street & Park Avenue; announced that planting trees downtown are planned as part of the revitalization process; and mentioned the First Friday Art Walk to be held this week. Mike Shepherd noticed orienteering groups in downtown Bremerton; and reminded citizens to attend the First Friday Art Walk this week. Will Maupin discussed the new "Smart Cards" distributed at the meeting in Seattle; reported on his attendance at the Bremerton Historic Ships meeting; and announced the free screening clinic for orthopedic, burn, or scar care by the Shriners Club on Saturday, May 10 from 9:00 A.M. to noon at Bremerton Harrison Hospital. TAPE #1890 & 1891 City Council Reg. Mtg. Minutes April 30, 2003 Page 2 of 8 Mike Short announced that Kitsap Lake would be closed all weekend for the Regatta & Hydrofest; and the next District 8 & 9 meeting would be held Thursday, May 22 in the Conference Room of the Oyster Bay Public Works & Utilities District building. Carol Arsnds looked forward to the First Friday Art Walk and the Armed Forces Day activities. MAYOR'S REPORT - Mayor Bozeman ... · Announced the "Welcome Party" for the USS CAMDEN on Pier Delta on Monday, May 5, at 8:00 A.M.; · Provided an update on the status of City projects being considered for funding from the Capitol Budget in Olympia; · Briefly discussed possible funding options for the Passenger Only Ferries; · Learned that the PFD allocated an additional $75,000 for the Conference Center; · Noted that the Ice Arena was still on schedule, with a Grand Opening planned May 17; · Selected a candidate to replace Bruce Dunlop who is retiring from the Bremerton Housing Authority Board of Commissioners; · Offered to meet with the Council to discuss possible funding sources to keep the library downtown; · Proclaimed May 4-10 as "Drinking Water Week" in Bremerton, which was accepted by Kathleen Cahal!, Water Resources Manager, who also reported on a number of activities, displays, and give-aways in honor of Drinking Water Week; and · Proclaimed the Month of May as "Foster Parent Appreciation Month" in Bremerton, which was accepted by Sophia Kouidou-Giles, Area Administrator for Kitsap Foster Care Association, who expressed her thanks to all of the foster parents in the community; and Rick Williams, President of Kitsap Foster Care Association and a foster parent, who encouraged individuals to provide any type of support that is possible. PUBLIC RECOGNITION Allen Shute encouraged citizens to call the City Council office at 478-5280 to address their concerns. Dr. Grant applauded Mayor Bozeman and supported his decision to hire a Municipal Services Coordinator. Pat Wright, Chairman for the Armed Forces Day Festival, announced the many activities planned to honor the event this year on Saturday, May 17. Don Larson was pleased with the editorial and the "West Sound Guide" in The SUN; and again offered to donate trees on behalf of Kitsap Trees. Kornice Jean Pierre invited the public to attend The Kitsap County Youth Rally for Human Rights the--'med "-Open Hearts, Open Minds" which will be held on Saturday, May 3rd from 9:00 A.M. to 4:00 P.M. at Bremerton High School. Ed Hebert expressed his concern that a citizen was not allowed to complete her report during "Public Recognition" at a previous Council meeting. City Attorney Roger Lubovich and President Arends both clarified that citizens have the right to speak at Council Meetings but when litigation is involved the Council has been directed to not engage in dialogue with the individual. TAPE #1890 & 1891 City Council Reg. Mtg. Minutes April 30, 2003 Page 3 of 6 Mr. Hoke of Positively Bremerton expressed his disappointment at the negative comments about Bremerton made by reporter Jim Morris of the Seattle P.I. H. Emily Mosha¥ of Positively Bremerton was also disappointed with the reporter's comments as mentioned by Mr. Hoke; commented that she was pleased with the conduct and performance of the City Attorney; and announced that Caf~ Destino would be having entedainment available during the First Friday Art Walk. John Lyle provided support for the downtown revitalization projects and Mayor Bozeman. Holly James expressed her appreciation for Mayor Bozeman, and encouraged the Council to support him in any way that they can. David Ferf:lus also expressed his appreciation for Mayor Bozeman and Sherril Huff-Menees. Paula Johnston, Deputy City Clerk, read a letter into the record from W, Earle Smith, Jr., CAPT, USN (RET.) supporting the current activity in downtown Bremerton. 8A - HIRING OF MICHELLE EICHORN TO THE POSITION OF CDBG PROGR.a"" COORDINATOR AT PAY BAND 10, RATE 4 (#AB03-068): Chris Hugo, Community Development Director, explained that currently there is a vacancy in the CDBG Program Coordinator position. The selection process has been completed and Michelle Eichorn is the selected candidate. A memo documenting Ms. Eichorn's extensive experience was read into the record to support the recommended starting salary at Pay Band 10, Rate 4 on the Professional Salary Plan. There were no comments from the public. Mike Shepherd/eft the meeting at approx. 6:28 P. M He did not return to the meeting, and was not available for any remaining voles... #1845 M/S/C/U (ShortJMaupin) Move to approve hire of Michelle Eichorn to the position of CDBG Program Coordinator at Band 10, Rate 4 on the Professional Salary Plan. 8B - CONTRACT AWARD FOR CONSTRUCTION OF "WEST 650 PRESSURE ZONF IMPROVEMENTS~ RESERVOIR NO. 23" (#AB03-069): Michael Mecham, City Engineer, established that sealed bids for construction of the "West 650 Pressure Zone Improvements, Reservoir No. 23" project were opened on April 24, 2003. A total of three (3) bids were received, and MORSE CONSTRUCTION GROUP, INC. was the lowest responsive bidder with a bid of $838,466.30, including sales tax. The engineer's estimate for the project is $1,260,000. There were no comments from the public. #1930 M/S/C/U (Maupin/Short) Move to award a contract in the amount of $838,488.30 with MORSE CONSTRUCTION GROUP, INC. for construction of the project titled "West 650 Pressure Zone Improvements, Reservoir No. 23", and authorize the Mayor to execute the necessary contract documents for construction. 8C - ENVIRONMENTAL OVERSIGHT CONTRACT WITH HART CROWSER FOR THF CONFERENCE CENTER PROJECT {#AB03-070): Gary Sexton, Economic Development Director, requested that Council authorize the HART CROWSER contract for environmental oversight for construction of the Government Center. TAPE #1890 & 1891 City Council Reg. Mtg. Minutes April 30, 2003 Page 4 of 6 Don Larson expressed his support for this contract. Mr. Short applauded Mr. Sexton for all the work he is doing on the Conference Center, and for his efforts in keeping the Council informed. #2155 MIS/C/U (ShortJMcConnell) Move that Council authorize the Mayor to sign the contract on behalf of the City with HART CROWSER for environmental oversight for excavation and construction of the Conference Center at 100 Washington Avenue. 8D - INTERLOCAL AGREEMENT WITH NOR'FVVEST AIR AND SUPPLY FOR PURCHA$-~ OF AIR COMPRESSOR AND FILL STATION WITH PUBLIC SAFETY BONDS {#AB03-071): Kathleen McCluskey, Administrative Services Director, indicated that the City entered into an Intergovernmental Cooperative Purchasing Agreement with Kitsap County Fire District No. 7 to purchase an air compressor and Fill Station. NORTHWEST AIR & SUPPLY was the Iow bidder meeting specifications for the air compressor in the amount of $27,438 excluding taxes and shipping. It is recommended that the Containment Fill Station in the amount of $4,812.00 be purchased from NORTHWEST AIR & SUPPLY as well to maintain uniformity of systems throughout the Fire Department. The purchase price will be off-set by a $30,000 FEMA grant obtained by the Fire Department. Fire Chief Al Duke offered further explanation on the grant and the need for this purchase. There were no comments from the public. #2370 MISIClU (McConnell/Rollman) Move to approve purchase of Air Compressor and Fill Station through Intergovernmental Agreement from NORTHWEST AIR & SUPPLY. 8E - PROFESSIQNAL SERVICES AGREEMENT WITH RICE FERGUS MILLER ARCHITECTURE & PLANNING, LLP FOR DESIGN OF NEW HEADQUARTERS FIRF STATION (TO BE PAID WITH PUBLIC SAFETY BONDS) {#AB03-072): Kathleen McCluskey, Administrative Services Director, pointed out that the City issued an RFQ for architect services in February. The project team selected three firms for interviews, which were held in March. The Interview team evaluated each firm based upon the following criteria: a) strength of the proposed team; b) demonstrated flexibility in design concepts; c) experience in designing fire stations; d) compatibility/responsiveness to owner team; e) degree of interest and responsiveness in undertaking the project; and f) location of key personnel. The architect firm of R~CE, FERGUS, MILLER ARCHITECTURE & PLANNING LLP was selected at a fixed fee amount of $215,556.00. Dave FerRus expressed his appreciation with the selection of his firm. There were no comments from the public. #2665 M/S/C (Maupin/Short) Move to approve Professional Services Contract with RICE, FERGUS, MILLER ARCHITECTURE & PLANNING LLP for design of new Headquarters Fire Station. Voted in favor of this Motion: McConnell, Rollman, Maupin, Short, and Arends Abstained: OIsen Motion carried: 5-Yes; 1-Abstention 8F - INTERLOCAL AGREEMENT WITH KITSAP COUNTY FOR THE OPERATION OF THF CITY'S PERMI//iNG SYSTEM {#AB03-073): Michael Wilson, Finance Director and Bill Eley, Purchasing Manager, introduced this agreement, which allows the City to use the Paladin Permitting System owned by Kitsap County and resides on County software, operated by TAPE #1890 & 1891 City Council Reg. Mtg. Minutes April 30, 2003 Page 5 of 6 County staff. The arrangement allows the City full use of the system including the current link to the County Assessor records and future links to the County GIS at an annual cost of $20,000. The City will realize a significant saving in hardware and software acquisition and maintenance costs. Chris Hufto discussed how the new software would benefit his Department. There were no comments from the public. Mr. Rollman asked if the City would incur a share of the costs if the system went down. Mr~ Eley responded that eventually, when the County has to replace the hardware, the City would then need to share their costs, but there are no plans to do this at least for the next 12 months. #3234 MISlCIU (Maupin/Rollman) Move to approve the Interlocal Agreement with Kitsap County for the operation of the City Permitting System and authorize the Mayor to execute the same. 8G - PROFESSIONAL SERVICES AGREEMENT WITH INTERLOCKING SOFTWARE CORPORATION FOR DEVELOPMENT OF TAX/LICENSING MODULE AND MODIFICATIONS TO THE PERMI'I'FING SYSTEM (#AB03-074): Michael Wilson, Finance Director and Bill Eley, Purchasing Manager, explained that Kitsap County contracted with Paladin Data Systems to provide a County Permitting System. INTERLOCKING SOFTWARE, the contracting arm of PALADIN DATA SYSTEMS has offered to allow the City to use their software, essentially for free. The only charges would be for modifications needed to adapt the County system to meet the City's permitting needs, the addition of the Tax & License module and the cost to convert data from our legacy systems into the new application. The use of the PALADIN software would allow us to standardize our permitting processes currently performed by Community Development, Public Works, and the Fire Department, and would allow a direct interface with the County Assessor records and ultimately the County GIS. The total contract amount is $81,760 with INTERLOCKING SYSTEMS. There were no comments from the public. TAPE #1891 Mr. Short asked what the laserfische used for?. Mr. Eley responded that laserfische would be used for archival and retrieval of records. Mr. Maupin asked if there will be a challenge for the "B and O Tax Module" in light of recent legislation? Mr. Wilson answered that the software would assist the staff who deal with collections of the tax, and any problems that stem from the recent legislation and implementation of the software will be sorted out accordingly. Mr. McConnell asked if it were not for the B and O Tax issue, would this software need to be replaced? Mr. Eley replied that software is only replaced on an as needed basis; and that in response to the previous questions posed by Mr. Maupin, businesses submit their tax information to the City and any changes in the B and O Tax would be reported as well. #0095 M/S/C/U (Short/Maupin) Move to approve the Professional Services Agreement with INTERLOCKING SOFTWARE in the amount of $81,760 and authorize the Mayor to execute the same. 9A - PUBLIC HEARING AND ORDINANCE NO. 4852 (SECOND READING) REPEALING AND REPLACING CHAPTER 21.06 OF THE BREMERTON MUNICIPAL CODE RELATING TO COMPREHENSIVE PLANS (#AB03-063): The first reading of this ordinance was heard on April 23, 2003. Roger Lubovich pointed out added language to Section 21.06.050 (e)(4), TAPE #1890 & 1891 City Council Reg. Mtg. Minutes April 30, 2003 Page 6 of 6 which Chris Hu,qo, Director of Community Development elaborated on further. There were no comments from the public. Mr. Olsen stepped out of the meeting at approx. 7:16 P.M, and was not available for the following vote... Mr, Maupin provided his support of the ordinance since it would keep the Comprehensive Plan consistent. Mr. Short also provided support since the changes would make clear to investors what steps need to be taken in the process of developing property. #0255 MISlCIU (Short/Maupin) Move to pass Ordinance No. 4852 on second reading as amended. Mr. Olsen returned to the meeting at approx. 7:18 P.M. 9B - PUBLIC HEARING AND RESOLUTION NO. 2891 REGARDING RECOVERY OF FE~-~ FOR SECURING THE UNSAFE STRUCTURE AT 1309 POINDEXTER AVENUE (#AB03-075): Janet Lunceford, Code Enfomement, stated that on February 13, 2003, Public Works secured the house on the property located at 1309 Poindexter Avenue after it was ordered vacated due to structural failure. The cost of the work totaled $954.85. Council must now decide if the fees am just and reasonable, and how those fees should be collected. There were no comments from the public. Mr. McConnell asked if there were an administrative fee placed on this abatement? Ms. Lunceford responded that since this abatement involved an emergency and her invol-~eement was at the end of the process, the fee was not charged. #0350 M/S/C/U (Short/Maupin) Move that Council, by Resolution No. 2891, order that the fees in the amount of $954.85 incurred for securing the structure at 1309 Poindexter Avenue be collected as reasonable abatement costs and become a lien against the property. With no further business, the regular meeting of the City Council was adjourned at 7:20 P.M. Prepared and Submitted by: LORI SMITH Legislative Assistant Attest: PAULA JOHNSTON, Deputy City Clerk CAROL ARENDS, City Council President City of Bremerton CA/PJ/Is/cge DATE SUBMITTED: 30 April 2003 BILL # b~ ,~ ~ ~ AGENDA BILL 3 C CITY OF BREMERTON CITY COUNCIL SUBJECT: Contract Modification - Air Committee Meeting Date: 6 May 2003 Systems Engineering, Inc. (Mechanical COUNCIL MEETING Date: 14 May 2003 Upgrade Jarstad Aquatic Center - Department: Parks and Recreation Lobby/Overlook Areas) Presenter: JeffElevado Phone: 473-5428 SUMMARY: Due to budgetary concerns at the time of the initial bid award for the upgrades to the Jarstad Aquatic Center, the mechanical systems improvements to the lobby and overlook areas were excluded from the base contract with Air Systems Engineering, Inc. As a result of the receipt of additonal CDBG money in 2003 for the lobby and overlook work, we wish to modify the Air Systems' mechanical upgrade contract in the amount of $23,743.05 (includes WSST) so that this work can be accomplished in concert with the Natatorium and Mens' and Women's Lockerooms. This modification will ensure a homogenous mechanical system throughout the entire faciltiy. ATTACHMENTS: Contract Modification Agreement No. 1 between the City of Bremerton and Air Systems Engineering, Inc. FISCAL IMPACTS (Include Budgeted Amount): None, this contract modification amount is within the overall budget for the "Jarstad Rehabilitation" project. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: MAYOR: OPE TIONS: COUNCIL PRESIDENT: RECOMMENDED MOTION: That the City Council approve Contract Modification No. 1 with Air Sytems Engineering, Inc. in the mount of $23,743.06, and authorize the Mayor to execute this contract modification subject to current City Administrative Policies and Procedures. AGENDA STATUS: Consent [] New Business [] Old Business [] Ordinance [] COUNCIL ACTION: [] Approve [] Deny [] Postpone [] No Action Resolution [] Public Hearing [] Ifformation [] CONTRACT MODIFICATION AGREEMENT NO. 1 BETWEEN THE CITY OF BREMERTON AND AIR SYSTEMS ENGINEERING, INC. Project No. 5922 PROJECT: Mechanical Upgrade - Glenn Jarstad Aquatic Center DATE: April 28, 200;5 THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE Mechanical Upgrade Scope of Work and Lump Sum Cost AGREEMENT (the "Contract") entered into between the City of Bremerton and Contractor, Air Systems Engineering, Inc., on March 27, 200;5 and as executed on April 2;~, 200;5. All provisions in the Contract shall remain in full force and effect except as expressly modified by this document, Whereas this modification shall include the mechanical system upgrade of the aquatic center Lobby and Overlook Areas. The mechanical upgrade inclusion of the Lobby and Overlook Areas shall provide a homogeneous mechanical system throughout the facility. The Lobby and Overlook Areas were not part of the original mechanical upgrade scope of work due to budgetary constraints that included only the Natatorium and Men's and Women's Locker Rooms. The City of Bremerton Department of Parks & Recreation, desires to modify the contract as further described in Attachment A. For valuable consideration and by mutual consent of the parties, the Contract is modified as follows: I. Section 1-1, General Provisions, Part 1-1.01(A) Scope of Work is modified as follows: See Additional Scope of Work attached as Attachment A, dated March 28, 2003 Section 1-1, General Provisions, Part 1-1.04(H) Payment. is modified as follows: The original contract amount is $263,184.11 including Washington State Sales Tax (W.S.S.T.). The City shall pay the Contractor, Air Systems Engineering, Inc. for the additional scope of work described as Attachment A, dated March 28, 2003, based on the not to exceed Lump Sum Cost of $23~74;5.05 including W.S.S.T. for a total amended contract amount of $286,927.16 including W.S.S.T. Section 1-2, Progress and Prosecution of Work, Part 1-2.06 Progress of Work, is not modified. The Contractor, Air Systems Engineering, Inc. shall complete the work as modified in Attachment A within the specified one hundred twenty (120) calendar days. II. The Contractor accepts all requirements of this Contract Modification No.1 by endorsing below. The Contractor further agrees that this Contract Modification No. 1 constitutes full and final settlement of all Contractor claims for contract time and for all costs of any kind, including costs of delays, related to any work either covered or affected by this Contract Modification. CONTRACT MODIFICATION No. I 1 Project No. 5920 In addition, the Contractor shall inform any Surety providing bond(s) required under this contract of this Contract Modification and shall take appropriate action to incorporate this change into the required bond(s). The parties whose names appear below warrants under penalty of perjury that they are authorized to enter into a contract modification that is binding on the parties of this contract. IN WITNESS WHEREOF, the parties have executed this Contract Modification No. 1 on the day and year first written above. Dept. Head Initials and Date CONTRACTOR THE CITY OF BREMERTON AIR SYSTEMS ENGINEERING, INC. By. By Cary Bozeman Its Its Mayor DATE: DATE: APPROVED AS TO FORM: ATTEST: Bremerton City Attorney City Clerk NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: Mr. Ted Hunt Mr. Jim Spencer Title: Project Manager Title: Director Air Systems Engineering, Inc. City of Bremerton Dept. of Parks & Recreation 3602 South Pine Street Address: 680 Lebo Boulevard Tacoma, WA 98409 Bremerton, WA 98310 Phone/Fax: 253-572-9484/253-3836337 Phone/Fax: 360-478-5305/360-478-5882 CONTRACT MODIFICATION No. 1 2 Project No. 5920 03/28/03 FR[ 15:24 FAX 1 253 383 8337 AIR SYSTEMS ENG. ~002 3602 SOUTH PINE STREET · TACOMA, WA 98409 Tacoma (253)572-9484 · Seattle (206)628-9484 · FAX (253)383-6337 ATTACHMENT A, March 28, 2003 Departmem of Pm'ks & Recreation Glenn Jarstad Aquatic Center 50 Magnuson Way Bremerten, WA 9:~310 Attention: Mr. ,i[e:~'Elevado Reference: Jan;t~td Pool Lobby Unit Replacement Ah' Systems Engh~rlng, Inc. appreciates the opportunity to provide tNs proposal regarding the abo~ e referenced project. Per our conversation, we have provided below the scope of work lbr the replacement of the lobby unit. Our scope of work and pricing is based on doing l:h~; work during the main upgrade project to take advantage of the economics of scale to reduce overall costs. We have listed below our detailed scope of work and pric~g: Scope of Work:: · Furnish ~tnd install (1) Trane 7 ½ Ton Gas/Electric Packaged Unit with power exhaust, economizer, filter rack and filter, and all safety and opemtlng controls. Unit wilI N: mounted on new concrete pad outside boiler morn. · Remove and dispose of existing unit · Furnish a.nc[ install all duct and duct transitions as required to connect new unit · Furn~h and! install line voltage electrical wiring for new unit; to include all conduit, wire, connections, and disconnect switch. We will pickup power from existing power panel. · Furnish and install gas piping from meter location to new packaged trait · Furnish and install new Direct Digital Controller; to include low voltage wiring, programming, and tie-in to new American Auto-Matrix System · Provide s aw cut exterior duct penetrations · Perform ~rtup and checkout · Perform~ b-l,ncing · Provide .[Ju~ cleaning of lobby system · Prevnil~g wage labor · One year p~x~s and labor warranty It, AIR CONDITIONING ,, SHi;EFMETAL · REFRIGERATION · PROFESSIONAL ENGINEERS · SERVICE & MAINTENANCE 03/28/03 FRI 15:25 FAX 1 253 383 6337 AIR SYSTEMS ENG. ~003 Total Price: $21,883.00, plus Washington State Tax Please sign bellow to approve the above scope of work: Signature: __ Date: We are prepared tc order equipmem and schedule this work upon receiving your approval. We appr.~,ciate your business, and look forward to working with you on this project. Please call me if you have any questions. Ted Hunt Special Project Accotmts AGENDA BILL ~D CITY OF BREMERTON CITY COUNCIL SUBJECT: Casad Dam Intake Tower Committee Meeting Date: May 6, 2003 Seismic Brace Fabrication and Supply - COUNCIL MEETING Date: May 14, 2003 Change Order No. I Department: Engineering Presenter: Mike Mecham Phone: 360~473-5288 SUMMARY: Change Order Number 1 for the project titled "Casad Dam Intake Tower Seismic Brace Fabrication and Supply" eliminates unnecessary cyclic load testing and adds fabrication of miscellaneous stainless steel components to the existing Contract with Star Seismic LLC. The total change order amount is $88,363.01. ATTACHMENTS: A. Change Order Number 1 FISCAL IMPACTS (Include Budgeted Amount): APPROVALS: ~ DEPARTMENT DIRECTOR: CITY ATTORNEY: MAYOR: FISCAL/BUDGET: ~'~~ ~o~'~e''4r a,3e'aJ'~'~ OPERATIONS: ~.-.--_. COUNCIL PRESIDENT: - ~.,~ ~.~, ~ RECOMMENDED MOTION: Move to approve Change Order Number 1 for the project titled "Casad Dam Intake Tower Seismic Brace Fabrication and Supply" and authorize the Mayor to finalize and execute the Change Order. AGENDA STATUS: Consent New Business Old Business Ordinance COUNCIL ACTION: [] Approve [] Deny [] Postpone [] No Action Resolution Public Hearing Information [ [~ Study Session CITY OF BREMERTON CHANGE ORDER CONTRACT CHANGE ORDER NO: 1 PROJECT NAME: CASAD DAM INTAKE TOWER SEISMIC BRACE FABRICATION AND SUPPLY PROJECT NO: 417 CONTRACTOR: Star Seismic LLC ORIGINAL CONTRACT AMOUNT: $159,548.00 DAYS: 138 PREVIOUSLY APPROVED CHANGES: $ 0.00 DAYS: 0 THIS CHANGE: $ 88,363.01 DAYS: 0 REVISED CONTRACT AMOUNT: $247,911.01 DAYS: 138 This Change Order covers changes to the subject contract as described herein. All provisions in the Contract shall remain in full fome and effect except as expressly modified by this document. The Contractor shall construct, furnish equipment and materials, and perform alt work as necessary or required to complete the Change Order Items for a lump sum price agreed upon between the Contractor and the City of Bremerton. DESCRIPTION OF CHANGES INCREASE IN {DECREASE} IN CONTRACT CONTRACT CONTRACT TIME AMOUNT AMOUNT EXTENSION ($) ($) (DAYS:) Delete Cyclic Load Test: Delete the Seismic Brace Cyclic 0 {$37,141.00) 0 Load Test from the Contract. Tests have been previously conducted and are well documented. Add Miscellaneous Metals Fabrication: Add fabrication $118,581.56 0 0 of miscellaneous stainless steel collars, collar beams, and brackets to the Contract. SUB TOTAL $81,440.56 SALES TAX 8.5% $6,922.45 TOTAL $88,363.01 NET CHANGE IN CONTRACT AMOUNT Increase or {Decrease} $88,363.01 Page 1 of 2 ] q CONTRACT CHANGE ORDER NO: 1 PROJECT NAME: Casad Dam Intake Tower Seismic Brace Fabrication And Supply Contractor acknowledges and accepts that this contract modification constitutes final settlement of all of the contractor's claims of any kind or nature arising from or connected with any work either covered or affected by this contract modification, including, without limitation, claims related to contract time, on-site or home office overhead, or lost profits. The undersigned Contractor approves the foregoing Change Order as to the changes, if any, in the contract price specified for each item, including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work due to said Change Order. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that this Change Order shall be effective when approved by the City of Bremerton. RECOMMENDED: PROJECT ENGINEER Date RECOMMENDED: CiTY ENGINEER Date ACCEPTED: CONTRACTOR Date APPROVED: MAYOR Date APPROVED: AS TO FORM CITY ATTORNEY Date Page 2 of 2 o~ 0 Sent @y: Acres International; 1 206 352 5734; APt'-30-03 15;45; Page 2  April 30, 2003 P14023.0Wt .2 150 Nickerson StreeL Suite 3 ! 0 Seanle, WA 981~9 Tel: 206-352-5730 Fax: 206-352-5734 International E-mail: sca[tic ~ acr~.~o m Ned Lever, Project Engineer Department of Public Works City of Bremerton 3027 Olympus Ddve Bremerton, WA 98310-4799 Subject: Casad Dam Tower Seismic Upgrades Star Seismic Contract for Seismic Brace Procurement Elimination of Cyclic Load Testing We recommend elimination of cyclic load testing of a prototype seismic brace that is currently part of the procurement contract with Star Seismic, Based on discussion with Star Seismic we are confident that they can show that the AISI Type 316 stainless steel to be used for the core steel will have similar stress - strain characteristics to the braces previously tested that were of a similar capacity. Star Seismic has tested seismic braces in the range of 250 to 1200 kips yield capacity in November 2002 at the University of California in San Diego. The seismic braces required for tower upgrade are 300 kips yield capacity. We recommend in lieu of cyclic load testing that Star Seismic provide the following: ,, Stress - strain curves based on testing of samples from the stainless steel to be used in the fabrication. · Stress - strain curve for the core steel used in the 300 kip brace tested in San Diego for comparison with the stainless stress - strain curves. · Rationale and calculations that show the Casad braces will meet or exceed the performance requirements that are part of their contract. Please give us a call if you any questions concerning our recommendation. You.rs very)ruly, /~//Project Engineer Celebrating 75 years 1924-1599 STAR SEISMIC LLC PROPOSAL NO. SSl112-1 PROJECT: Casad Dam Seismic Retrofit Bremerton WA April 9, 2003 To: Bremerton Public Works and Utilities 3027 Olympus Drive Bremerton WA 98310 Arm: Ned Lever PE Ph: 360-473-2398 Fax: 360-478-5398 CC: Jim Rutherford, ACRES Intl Ph: 206-352-5730 Fax: 206-352-5734 Gentlemen: We are pleased to present our proposal for the scope of work described beIow and in accordance with the terms and conditions listed herein. CHANGE ORDER #1 SCOPE OF WORK Furnish stainless steel aOachments for the intake tower and at the dam to support the buckling restrained brace frame STAR Seismic PRICING Approx 17,900 lbs, Lump Sum Price = Total $128,661.00 Includes sales tax, FOB Trucks Jobsite FURNISH 1. Stainless Steel rings at intake tower and stainless steel abutments at the dam to support the 6 braces 2. All bolls and pins 3. Placement Drawings for fabrication and erection EXCLUSIONS 1. Engineering or design 2. Anchorages to concrete 3. Any work related to the gates or drives 4. Installation Page 1 of 3 435.940.9222 I F= 435.655.007~ STAR SEISMIC LLC SPECIAL NOTES I. One precons~uction meeting and one installation meeting is included. 2. Fit-up of the braces to the attachments to be perfomed in the shop. SCHEDULE To meet the original schedule for the braces per contract. BID DOCUMENTS Drawings from the City of Bremerton by ACRES International, 100% design submittal dated 4.7.2003, Sheets 1 thru 9 Faxes from ACRES Intl dated 4.8.03, and 4.9.03, (2 pages total) CLARIFICATIONS AND SPECIAL PROVISIONS MATERIALS 1. ASTM A316L 2. BOLTS, PINS, and anchors as listed on drawings SUBMITTALS 1. Mill Certificates for all steel 2. Welder certifications 3. Manufacture' Inspection Report UNLOADISG, HANDLING, AND STORAGE 1. Unloading of the braces at the jobsite is by others. 2. Trucks shall unloaded within 2 hours of scheduled delivery time GENERAL This proposal n~y include conditions and/or terms that are in conflJc~ ~ith the general conditions, terms of payment or other provisions stat~ in the bid documents In such ir~tances of conflict, STAR SEISMIC reserves the fight to adjust the price if Page 2 of 3 4/23/2003 STAR SEISMIC LLC damages consequenual or uthen,ds~. 7 This proposal is valid for thiroy (30) days and may be extended at STAR SEISMIC's option. 8. Resolu~on of disputes shall be by non-binding mediation and/or binding arbiuration. 9. Directions to proceed with revisions prior to wrR1en acceptance of the cost thereof will be taken as a guarantee by Purchaser that TERMS OF PAYMENT Per the Contract Documents Thank you for the opportunity to bid this attractive project. We look forward to your favorable review of our proposal. If you have any questions please call Argan Johnson Jr. or Steve Powell at 435-940-9222 Page 3 of 3 4/23/2003 SECTION 01010 - SUMMARY OF WORK PART 1 -- GENERAL 1.1 DEFINITIONS A. CONTRACTOR: Contractor under contract to the OWNER for "Casad Dam Intake Tower Seismic Braces Fabrication & Supply." Contract includes fabrication, transport and supply of seismic brace assemblies including saddle beams (3), collar plate segments (6), saddle beam supports (6), dam connection brackets (6), seismic braces (6), connection pins (12) and other materials as specified herein. B. GENERAL CONTRACTOR: General construction contractor under contract to the OWNER for "Casad Dam Intake Seismic Upgrades." General construction contract includes installation of the seismic braces between Casad Dam and the intake tower. 1.2 THE REQUIREMENT A. The WORK to be performed under this Contract shall consist of furnishing seismic assemblies including all labor and transportation required for the fulfillment of the Contract in strict accordance with the Contract Documents. The WORK shall be complete, and all work, materials, and services not expressly indicated or called for in the Contract Documents which may be necessary for the complete and proper construction of the WORK in good faith shall be provided by the SUPPLIER as though originally so indicated, at no increase in cost to the OWNER. 1.3 WORK COVERED BY CONTRACT DOCUMENTS A. DESCRIPTION OF WORK: Fabricate and supply seismic brace assemblies. Elements of work as follows: · Formulate work plan including schedule. · Seismic Brace Core Steel Testing and Reporting: Perform stress - strain tests on a minimum of three representative samples taken from stainless steel procured for the Casad Seismic braces. Plot stress - strain tests for each sample with stress - strain curves for the previously non-stainless core steel tested for 300 kip seismic brace. · Design and Provide Shop Drawings with Design Computations: Six seismic braces and twelve connection pins shall be designed to meet specified performance requirements. Provide shop drawings for seismic brace assemblies giving design details for review and evaluation by the Owner and Engineer. Provide dual pin connection plates. With shop drawings include design calculations showing the brace design meets the performance requirement of the seismic braces. Previously published A 316 stainless steel stress - strain curves may be used and later verified by core steel sample testing. · Participate in Pre-Fabrication Conference Call with Engineer. Provide required submittals prior to conference call. CASAD DAM INTAKE TOWER ,~- SUMMARY OF WORK SEISMIC BRACES FABRICATION & SUPPLY ~ PAGE 01010-1 SECTION 01010 - SUMMARY OF WORK · Fabricate Seismic Brace Assemblies: Fabricate seismic brace assemblies according to approved shop drawings. · Inspection of Seismic Brace Assemblies Prior to Shipment: Seismic brace assemblies shall be inspected by the approved inspection team during fabrication and pre-assembled to confirm fit-up prior to leaving the fabrication shop. All welds shall be tested using non-destructive means. Provide inspection test results including digital photographs documenting the inspection process to the Engineer for review prior to shipment. · Transport and Supply of Seismic Brace Assemblies: Provide transportation to site or storage location at McKenna Falls Intake Facility as specified by Owner. Facilitate acceptance inspection prior to, or during unloading. · Provide record drawings showing as-fabricated details of seismic brace assemblies. B. The WORK is fabrication and supply. 1.4 CONTRACTING METHOD A. The WORK hereunder will be under a single lump sum contract. 1.5 OWNER AND SUPPLIER RESPONSIBILITIES A. OWNER's Responsibilities: 1. Review Shop Drawings, material and equipment data, samples, inspection reports and other submittals. 2. Retum checked submittals within time specified indicating any exceptions taken. 3. On delivery, inspect material and equipment. 4. Submit claims for transportation damage. 5. Arrange for manufacturer's warranties, inspections, and service. B. SUPPLIER's Responsibilities: 1. Prepare required submittals. 2. Respond to OWNER's review comments on returned submittals including Shop Drawings, material and equipment data, and samples. Incorporate changes required by the OWNER. CASAD DAM INTAKE TOWER SUMMARY OF WORK SEISMIC BRACES FABRICATION & SUPPLY "31_ PAGE 01010-2 SECTION 01010 - SUMMARY OF WORK 3. Transpor~ and unload material and equipment at site. Inspect for completeness or damage jointly with OWNER. 4. Replace damaged or defective items. 1.6 WORK PLAN A. SUPPLIER shall prepare a Work Plan and submit it to the OWNER 10 days prior to the start of fabrication. The Work Plan shall include the following: · Fabrication and Delivery Schedule ,, Submittal Schedule in accordance with Section 1300. · Description of the proposed sequence of fabrication and delivery in accordance with Section 01313. · Quality Control Inspection Plan in accordance with Section 01400. B. Approval of Work Plan required pdor to start of fabrication. 1.5 PRE-FABRICATION CONFERENCE A. SUPPLIER shall schedule pre-fabrication conference phone call within 15 days after commencement as stated in the Notice to Proceed. PART 2 - PRODUCTS (Not Used) PART 3- EXECUTION (Not Used) - END OF SECTION - CASAD DAM INTAKE TOWER SUMMARY Of WORK SEISMIC BRACES FABRICATION & SUPPLY o~"7 PAGE 01010-3 SECTION 05101 - BRACE ASSEMBLY FABRICATION PART 1 - GENERAL 1.1 SECTION INCLUDES This Section covers fabricating and furnishing the following items: A. Tower Collar B. Tower Saddle Beam C. Saddle Beam Support D. Dam Connection Bracket E. High Strength Threaded Rod and Nuts 1.2 RELATED SECTIONS A. Section 05100 - Seismic Brace Fabrication 1.3 REFERENCE STANDARDS A. The latest editions of the following reference standards apply to the Work in this section: 1. American Institute of Steel Construction (AISC) - Specification for Structural Steel Buildings - Allowable Stress Design 2. AISC - Code of Standard Practice 3. AlSl - American Iron and Steel Institute 4. American Society for Non-Destructive Testing (ASNT)-SNT-TC-1A - "Recommended Practice for Nondestructive Testing: Personnel Qualification and Certification" American Society for Non-Destructive Testing, Columbus, Ohio 5. American Society of Testing Materials (ASTM) A167 - Standard Specification for Stainless and Heat-Resisting Chromium-Nickel Steel Plate, Sheet, and Strip 6. ASTM A193 - Standard Specifications for Alloy-Steel and Stainless Steel Bolting Materials for High-Temperature Service 7. ASTM A276 - Specification for Stainless Steel Bars and Shapes 8. ASTM A312 - Specification for Stainless Steel Pipes 9. ASTM El14 - Standard Practice for Ultrasonic Pulse-Echo Straight-Beam Examination by the Contact Method 10. ASTM E165 - Standard Test Method for Liquid Penetrant Examination BRACE ASSEMBLY FABRICATION CASAD DAM INTAKE TOWER SEISMIC UPGRADE PAGE 05101-1 SECTION 05101 - BRACE ASSEMBLY FABRICATION 11. ASTM E587 - Standard Practice for Ultrasonic Angle-Beam Examination by the Contact Method 12. ASTM E709 - Standard Guide for Magnetic Padicle Examination 13. ASTM F 436 - Specification for Hardened Steel Washers 14. ASTM F 959 - Specification for Direct Tension Indicator Washers 15. American Welding Society (AWS) B.2.1 - Specification for Welding Procedure and Performance 16. AWS D1.1 - Structural Welding Code 17, AWS D1.6 - Structural Welding Code - Stainless Steel 18. AWS D10.4 - Austenitic Chromium-Nickel Stainless Steel Piping and Tubing 1.4 BRACE ASSEMBLY A. Tower Collar Plates (6): Fabricated as a cylindrical segment to fit tower geometry and leave space for grout. Tower collars are fabricated from AlSl Type A316L stainless steel plate with integral flange plates to connect to saddle beams and adjacent tower collar plate. Flange plates with stiffeners utilize high strength threaded studs as connectors. Prior to grouting the annular space between the tower and the collar plate, anchors shall be installed for support. B. Tower Saddle Beams (3): Tower saddle beam is fabricated from AlSl Type A316L stainless steel with integral flange plates to connect to tower collar plates. Tower saddle beams are supported by saddle beam support. C. Saddle Beam Support (6): Saddle beam support is a knee brace designed to support the saddle beam and Seismic Brace vertical component of load. A slide bearing pad is installed on each saddle beam support. Fabricated from AlSl Type A316L stainless steel. D. Dam Connection Brackets (6): Dam connection brackets are fabricated from heavy AlSl Type A316L stainless steel plate. Anchors are installed in three steps. Initially they are installed with quick setting anchor adhesive. After anchor installation, dam connection brackets are installed, bearing pad concrete is placed and anchors are tested. After anchor testing, anchor grouting is completed with cement grout using grout tubes. E. High Strength Threaded Rods and Nuts (60): High strength bolts and nuts connect saddle beam to collar plates and collar plates to collar plates around the intake tower. F. Seismic Braces (6) and Connection Pins (12) BRACE ASSEMBLY FABRICATION CASAD DAM INTAKE TOWER SEISMIC UPGRADE PAGE 05101-2 SECTION 05101 - BRACE ASSEMBLY FABRICATION 1.5 SUBMITTALS A. Shop Drawings for brace assembly at each elevation. B. Erection plan as part of Work Plan for brace assembly at each elevation, C. Fabrication and delivery schedule for fabrication items. Include dates for test assembly and inspection, D. Weld test results: Submit 2 working days prior to test assembly and inspection. E. Welder's Certificates for the welders employed on the Work, verifying AWS qualification within the previous 12 months. Submit prior to fabrication. 1.6 QUALITY ASSURANCE A. Furnish/install/utilize modern materials and methods regarding structural steel fabrication and perform Work in a manner that will best incorporate the most modern materials and methods. B. Prior to brace assembly erection, anchors on downstream face of dam shall be located by survey. Required brace strut lengths shall be measured and installation plan adjusted prior to installation. C. Steel fabricators shall have at least five years of continuous recent experience in their respective trades. D. Welders shall be certified to current AWS certification standards by licensed third party control agency. 1.7 SHIPMENT AND HANDLING A. Prepare, pack and load fabricated and supplied materials for shipment in such a manner that they are protected from damage during transportation to, and temporary storage at, the Project site. B. Match mark fabrications to ensure correct assembly and erection at the Site. Take steps to protect match marks so they are not obliterated. PART 2 - PRODUCTS 2.1 MATERIALS A. Stainless steel plates and bars fabrication shall be AISI Type 316L stainless conforming to ASTM A167 and ASTM A 276, BRACE ASSEMBLY FABRICATION CASAD DAM INTAKE TOWER SEISMIC UPGRADE PAGE 05101-3 SECTION 0510'1 - BRACE ASSEMBLY FABRICATION B. Bolts, nuts and washers shall be AlSl Type 316 stainless steel. C. High Strength (HS) Threaded Rods and Nuts: HS Threaded Rods. Supply HS threaded rods are to be supplied with one nut secured in place flush with no threads projecting. Manufacture HS threaded rods from cold worked AISI Type A316 stainless steel meeting ASTM A276 requirements with 105 ksi minimum ultimate strength. Nuts for studs shall be heavy hex type manufactured from A316 stainless steel meeting ASTM A194 Grade 8M requirements. D. Washers shall be stainless steel circular hardened washers conforming to ASTM F436. E. Slide bearings shall consist of an elastomeric pad with a stainless bottom plate with an overall thickness of 1 1/8 inch and maximum load capacity of 18 kips normal to bearing. Slide bearing shall be Goodco brand series ETL, Model No. ETL 150813, or equal. Distributor phone no. 604-980-5074. F. Brace Assemblies and related items shall be accurately fabricated, free of injurious laminations or other defects, true to line and free from warp or twist. Sheared edges of stress-carrying plates over 5/8-inch thick shall be planed at least 1/8-inch. Sharp edges shall be ground. G. Filler Metal 1. Filler metal shall have a minimum tensile strength of 70 ksi and shall conform to the appropriate AWS specification for the base metal and welding process being used. Only Iow hydrogen electrodes shall be used for the manual SMAW process. To maintain Iow moisture content for hydrogen electrodes, a controlled temperature storage oven shall be used at the jobsite as prescribed by Article 4.5.2 (Low Hydrogen Electrode Storage Conditions) of AWS D1.1. 2. Electrodes used for welding stainless steel shall be selected according to Table 6 or 7 of AWS D10.4. E308 electrodes shall be used for welding Type 304 stainless steel, unless otherwise required. 2.2 FABRICATION A. Shop-assemble pieces to ensure proper fit-up at the site. B. Match mark pieces for assembly in the field. C. Fabricate the structural and miscellaneous steel in strict accordance with the reviewed Shop Drawings and reference standards. D. Items shall be fabricated to the tolerances indicated on the Drawings, or if not specified, to accepted industry standards. E. Holes required for bolted connections may be punched or drilled. Do not use burned holes. BRACE ASSEMBLY FABRICATION CASAD DAM INTAKE TOWER SEISMIC UPGRADE PAGE 05101-4 SECTION 05101 - BRACE ASSEMBLY FABRICATION 2.3 CONNECTIONS A. Welding shall conform to ANSI/AWS D1.1-90. Welding shall be carried out by welders or welding operators certified for the weld and positions executed to current AWS certification standards by a licensed third party control agency. B. Minimum weld shall be 1/4 inch fillet weld unless noted otherwise. 2.4 SURFACE PREPARATION A. Generah Weld splatters, burns and other objectionable irregularities shall be removed or repaired per SSPC-SP3. Oil, grease and dirt shall be removed from the surfaces by the use of suitable solvents and clean wiping materials, per SSPC-SPI. PART 3 - EXECUTION 3.1 FABRICATION A. Metal fabrications shall be placed accurately in location, alignment and elevation, plumb, level, true and free of rack, measured from established lines and levels. B. Fit exposed connections together to form tight hairline joints. 3.2 WELDING A. General 1. Welding shall conform to the applicable provisions of Sections 1 through 7 and Sections 9 and 10 of AWS D1.1 unless otherwise specified. 2. Welding shall be performed by shielded metal arc (SMAW), submerged arc (SAW), gas metal arc (GMAW), or flux cored arc (FCAW) welding processes. Gas tungsten arc (GTAW) welding may also be used where necessary, subject to acceptance by Engineer. 3. Welds shall be continuous unless otherwise shown on the Drawings. Welding shall be carried out according to qualified procedures and by qualified welders under qualified supervision. 4. Welding shall be subject to inspection by Engineer. Weldments shall be identified with Fabricator's and welder's or welding operator's assigned symbol. B. Welding Procedures 1. Joints in structural steels shall be pre-qualified or qualified in conformance with the provisions of Sections 2, 3, 4 and 9 and applicable provisions of Section 10 of AWS D1.1. Procedures shall be qualified by tests as required and prescribed BRACE ASSEMBLY FABRICATION CASAD DAM INTAKE TOWER SEISMIC UPGRADE PAGE 05101-5 SECTION 05101 - BRACE ASSEMBLY FABRICATION in Section 5 of AWS D1.1 except for pre-qualified procedures as described in Article 5.1 of AWS D1.1. 2. Pre-qualified welding procedures need not be submitted to Engineer for acceptance. Qualified procedures and qualification records shall be submitted to Engineer for acceptance. Current copies of these procedures must be available for welding personnel and Engineer's inspectors, for their examination. 3. Collar plate flanges shall be fit up at time of welding to achieve tight fit without causing bending in the collar plates while maintaining the required collar plate radius. 4. Pin connection plates shall be manufactured to fit connection pins to assure smooth fit up with Seismic Braces. C. Welders and Welding Operators 1. Welders and welding operators shall be qualified for the particular type of work to be done. Qualification shall be in accordance with Section 5, Part C of AWS D1.1 for joints in structural steel, and Section 3 of AWS B2.1 for joints involving stainless steel, and applicable section of AWS D1.4 and AWS D1.6. 2. Welder qualification records shall be available for examination and acceptance by Engineer's inspector. D. Supervision and Inspection 1. Welding of the brace assembly and related items shall.be carried out under supervision of a certified welding superintendent, welding engineer, or welding inspector. Inspect work at least twice during fabrication and once after completion. Coordinate inspections with Engineer. Inspection shall be in conformance with Section 6, Part A of AWS D1.1. 2. Prior to any welding, the base metal shall be visually inspected to assure compliance with Section 3 of AWS D1.1. Welds shall be visually inspected for compliance with Section 9, Part D of AWS D1.1, and applicable section of AWS D1.4 and AWS D1.6. 3. Costs associated with welding inspection shall be borne by Fabricator. Copies of the testing and inspection reports to be submitted to Engineer. E. Non-Destructive Testing 1. Provide written notice to Engineer 10 days prior to testing. The Engineer shall be present during shop testing. 2. Conduct ultrasonic testing following Brace Assembly welds: a. Weld attachments to collar plates b. Stiffener welds. BRACE ASSEMBLY FABRICATION CASAD DAM INTAKE TOWER SEISMIC UPGRADE PAGE 05101-6 SECTION 05101 - BRACE ASSEMBLY FABRICATION c. Pin connection plate welds. 3. The extent of inspection shall be as follows: a. Manual and semi-automatic weld: 100 percent inspection. b. Automatic welds for 2-foot increment at start and stop and 10 percent on remainder. 4. Stainless steel welds shall be dye penetrant tested. 5. If defects requiring repair are found during inspection, Engineer may require additional inspection of a 10 percent joint footage at no additional cost to Owner. If defects requiring repair continue to be evident, Engineer shall require 100 percent inspection at no additional cost to Owner. 6. Fabricator may select liquid penetrant or ultrasonic inspection in lieu of magnetic particle inspection to demonstrate to Engineer the quality of the welds. Liquid penetrant inspection shall be in accordance with ASTM E165. Acceptance criteria shall be as described by Section 9, Part D of AWS D1.1, and applicable section of AWS D1.4 and AWS D1.6. 7. Non-destructive testing shall be performed by personnel qualified and certified in accordance with recommendations of ASNT-SNT-TC-1A. 3.3 SHOP INSPECTION AND ASSEMBLY A. Prepare complete inventory list of components supplied under this contract. B. Assemble and facilitate inspection by the approved inspection and testing team.. Arrange and complete shop assembly of entire brace assembly for each of the three elevations. Plan final test assembly and inspection in accordance with the approved inspection plan. Notify the approved testing team and Engineer at least 5 calendar days prior to final test assembly. Document all inspections with digital photography and detailed notes. Provide clear match marking for all components to assure smooth assembly at the site. 3.4 REPAIR OF DAMAGED EQUIPMENT A. Damage to equipment cased by fault or negligence of Contractor in handling, storage, erection, or installation shall be repaired by the equipment manufacturer or Contractor, as determined by Engineer, at the expense of the Contractor. END OF SECTION BRACE ASSEMBLY FABRICATION CASAD DAM INTAKE TOWER SEISMIC UPGRADE PAGE 05101-7 DATE SUBMITTED: April 21, 2003 BILL # ~) 5 ~- ~) ~ o AGENDA BILL CITY OF BREMERTON 3~ CITY COUNCIL SUBJECT: Award Contract for Purchase of Committee Meeting Date: May 6, 2003 Water Booster Pumps & Electric Motors COUNCIL MEETING Date: May 14, 2003 Department: PW& U Engineering . Presenter: Robert Earl ~2~ Phone: 478-5344 SUMMARY: Sealed bids for Purchase Of Water Booster Pumps & Electric Motors for Pump Station No. 8 (a West 650 Pressure Zone Improvements project) were opened on May 1, 2003. The engineer's estimate for the j~urchase is $65~000, including Washington State sales tax. O~ ~ ~id~5/ r~c~7~-~ O F'~inc~udiT~i~S~ate sales t2xU~mitted the lowest responsive bid of ATTACHMENTS: 1 .) Bid Tabulation; 2.) Project Map FISCAL IMPACTS (Include Budgeted Amount): None; Pumps and motors are included in the $825,000 budget for Pump Station No. 8. APPROVALS: /~ DEPARTMENT DIRECTOR: CITY ATTORNEY: MAYOR: FISCAL/BUDGET: & (~ ~___~ ~ ~ COUNCIL PRESIDENT: ~.~zaf~. r/,/~~ RECOMMENDED MOTION: Move to award a contract in the mount of $ 7.5t :~"-q~'. 3 ~ to ~r¥1? "f"~c-)tl , :L-Yl C~, for purchase of water booster pumps and electric motors and authorize the Mayor'to execute the necessary contract documents for purchase. AGENDA STATUS: Consent [] New Business [] Old Business [] Ordinance [] COUNCIL ACTION: [] Approve [] Deny [] Postpone [] No Action Resolution [] Public Hearing [] Information [] ..~' Study Session [] o i I z o ~ ~. LU ~ Ltl LUI'- ~ ~ ~ ~ z ~ o x DATE SUBMITTED: BILL # O ,3" 0 ~ / AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Appointment to City Bo~d Commi~ee Meeting Date: May ~2003 Bremenon Housing Authority CO~CIL MEET~G Date: ~ ~ I ~ 2OO~ Depmment: Executive Presenter: Sheffil HuffMenees Phone: 478-5268 SUMMARY: ~e Mayor is recommending the appoin~ent of C~stopher Holden to fill a vac~cy on the Bremenon Housing Authority Bo~d of Co~issionem effective in July, 2003. If appointed Mr. Holden would fill ~e expired te~ of Butch D~lop. ATTACHMENTS: Application and supporting information of Christopher Holden FISCAL IMPACTS (Include Budgeted Amount): N/A APPROVALS: CITY ATTORNEY: FISCAL/BUDGET: ~'~ OPERATIONS: COUNCIL PRESIDENT: RECOMMENDED MOTION: Move approval of Christopher Holden to fill a vacancy on the Bremerton Housing Authority Board of Commissioners, the term to become effective in July, 2003. AGENDA STATUS: Consent (' ~ Business Old Business Ordinance COUNCIL ACTION: [] Approve [] Deny [] Postpone [] No Action Resolution Public Hearing Information ,3 ~ gmdv ge~ion NHY ARE YOU APPLYING FOR THIS APOINTMENT? am seeking appointment to the Bremerton Housing Authority Board of Commissioners primarily because it ~/ould provide an opportunity to use my extensive affordable housing experience in service of the ~ommunity in which I live. I also have substantial regional and national contacts among public and private ~ffordable housing funders, and look forward to bringing more of these resources to the revitalization of ~remerton. ~/HICH OF YOUR PERSONAL AND/OR PROFESSIONAL INTERESTS PROMPTED YOU TO APPLY FOR THIS APPOINTMENT: I am the administrator of a self-help predevelopment lending program, an affordable housing technical ~ssistance provider, and part of the Housing Division management team at Northwest Regional Facilitators ~a regional nonprofit affordable housing intermediary organization). My work is focused on development of affordable homeownership and rental housing projects and programs, and I would like to carry these skills 3ver to the benefit of Bremerton (I moved here from Washington, DC, two years ago to take my current 3osition). Community revitalization is an important goal for me, especially since I am a new homeowner in E~remerton. Finally, my wife volunteers for Washington CASH, a small business microlending program. Many of her clients have been Bremerton Housing Authority clients and residents at West Park. I would like to lend my housing expertise to efforts that contribute to the improvement of that project and promoting self-sufficiency among its residents. HAVE YOU SERVED ON ANY OTHER BREMERTON BOARD, COMMISSION, COMMITTEE OR TASK FORCE? IF YES, PLEASE LIST: No. PLEASE LIST YOUR QUALIFICATIONS FOR THIS APPOINTMENT (INCLUDE SKILLS, ACTIVITIES, TRAINING, EDUCATION): I have worked in the affordable housing field as both a researcher and practioner, and prior to that taught Political Science at the college level for almost five years. My skills include statistical and qualitative research, affordable housing technical assistance and program development, fundraising/grant writing and public relations. Please see attached resume for details. WHAT ARE YOUR COMMUNITY INTERESTS (COMMITTEES, ORGANIZATIONS, SPECIAL ACTIVITIES)? As a recent in-mover to Bremerton and homeowner, and employee of a nonprofit housing organization, I have not had much time to pursue additional volunteer opportunities. However, I have spent much of my free time renovating my home, working with neighbors to improve our neighborhood's appearance and safety, and hiring/training Washington CASH microlending clients for work on my house. We welcome your willingness to serve Bremerton. Please return this completed form to: Mayor's Office (360) 478-5266 239 4th Street (360) 478-5883 FAX Bremerton, WA 98337 E-maih mayor@ci.bremerton.wa.us April 10, 2003 Mr. Cary Bozeman, Mayor City of Bremerton /~/3~ ~ 2~ Mayor's Office 239 4th Street ~ Bremerton, WA 98337 Dear Mayor Bozeman: I am writing to seek appointment to the Bremerton Housing Authority Board of Commissioners. I understand that a vacancy will open up in the next couple of months. I would very much like the opportunity to contribute my considerable affordable housing experience to the ongoing revitalization of Bremerton through participation on the housing authority's Board of Commissioners. My wife and I moved to Bremerton almost two years ago. We have been excited to see the energy and enthusiasm among Bremerton residents for the various revitalization initiatives, including the downtown waterfront redevelopment, the new government centers and planning for the revitalization of the West Park public housing project. We feel fortunate that we have been able to purchase a home in this community, and have enjoyed working with our neighbors to improve the appearance and safety of our neighborhood. Attached is the application for appointment to City Boards/Commissions/Committees, and a copy of my resume. Please contact me if you require additional information or have questions about my interest in this appointment. Thank you very much for the opportunity to contribute to my adopted community. Sincerely, ~0 CHRISTOPHER HOLDEN Northwest Regional Facilitators EXPERIENCE Northwest Regional Facilitators August 2001-Present Housing & Community Development Specialist III · Administrator of Self-Help Homeownership Opportunity Program (SHOP), a predevelopment loan program supporting mutual self-help homeownership projects. Duties also include facilitating new partnership development, training and technical assistance for affordable housing sponsors, especially in the area of farmworker housing development, marketing and outreach. Housing Assistance Council June 1995-June 2001 Research Associate/Project Manager · Responsible for contract management, partnership development, policy analysis/program evaluation, conducting research studies, public presentations, drafting articles, and editing publications. Research emphasis on qualitative field research, with database analysis experience. Project manager for national survey of farmworker housing conditions. Areas of research include farmworker housing development, the Section 8 rental assistance programs, homeless assistance in rural areas, innovative homeownership programs and self-help housing development, the CDBG and HOME programs, and elderly housing development. Other areas of research have involved work on Appalachian housing conditions, welfare reform, and the PHS Section 502 homeownership programs. American University Fall 1995 Adjunct Professor, Government · Taught introductory American politics course. Responsible for course development and student evaluation. Topics included structure of U.S. government, the political party system, the federal budget process, social movement theory, urban politics, race and politics and selected special issues. Keene State College 1990-1994 Adjunct Professor, Political Science · Developed and taught courses from the introductory level to advanced senior seminars. Coarses included American Politics, Urban Politics, Seminar on Race and Politics, International Relations and Foreign Policy, and Comparative Politics/Politics of Developing Areas. EDUCATION Yale University 1989-present All But Dissertation for Ph.D., Political Science Yale University 1989 M.A., African-American Studies · Graduated with Distinction Oberlin College 1987 B.A., English · Graduated with High Honors Phi Beta Kappa SELECTED RESEARCH AND PUBLICATIONS No Refuge from the Fields: Findings from a Survey of Farmworker Housing Conditions in the United States, with Lance George and Adrienne Smith (Housing Assistance Council, September 2001) Federal Programs and Local Organizations: Meeting the Housing Needs of Rural Seniors (Housing Assistance Council, February 2001 ). "Should We Do It Ourselves or Hire Someone Else?" A Rural Property Management Planning Guide. (Housing Assistance Council, November 2000). Abundant Fields, Meager Shelter: Findings fi'om a Survey of Farmworker Housing in the Eastern Migrant Stream (Housing Assistance Council, October 2000). A Location Analysis of Prepayment-Eligible Rural Rental Housing and Nonprofit Capacity to Preserve Section 515 Projects, with Theresa Singleton (Housing Assistance Council, August 2000 First Draft). Case Studies on Rural Housing and Welfitre Reform (Housing Assistance Council, 1998, under review at the U.S. Dept. of Housing and Urban Development), with Theresa Singleton, Leslie R. Strauss, and Ruth Wielgosz. Fair Housing, the Zoning Process and Land Use Politics in Rural Areas (Housing Assistance Council, 1998). The Use of HOME in Rural Areas (Housing Assistance Council, 1998). Leveraging Funds for Farmworker Housing Development (Housing Assistance Council, 1998). HOME, CDBG and Farmworker Housing (Housing Assistance Council, 1997). The Self-Help Housing Development Process in Rural Areas (Housing Assistance Council, 1997). Mobility and Economic Self-Sufficiency of Section 8 Participants in Rural Areas (Housing Assistance Council, 1997), with Nancy Legato. The Section 8 Certificate and Voucher Program: Impact of Fair Market Rent Changes in Nonmetropolitan Areas (Housing Assistance Council, 1996), with Surabhi Dabir. COMPUTER SKILLS Wordperfect 9.0, Microsoft Office Suite (Word, Excel, Access), Microsoft Publisher, Microsoft Explorer, Netscape Navigator, Lotus Notes, Quattro Pro REFERENCES · Linda Hugo, Director, Housing Services Division, Northwest Regional Facilitators, 232 Washington Avenue, Suite 102, Sinclair Building, Bremerton, WA 98337, 360-377-7738 · Moises Loza, Executive Director, Housing Assistance Council, 1025 Vermont Ave., NW, Suite 606, Washington, DC 20005, 202-842-8600 · Dr. Gordon J. Leversee, Dean of Sciences, Keene State College, Keene, NH 03435-2001, 603-358-2544 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: May 14, 2003 HOME Recommendation ORIGINATING DEPT.: Dept. of Comm. Dev. ORIGINATOR: Marylyn Waibel ~-~)~. DATE SUBMITTED: April 21, 2003 2. CLEARANCES: 3. EXHIBITS: ~-~d~ LIHI Application City Attorney ~-~ DCD Director ~,.Q '~ ~ ~ ~-.~.. Fiscal and Budget Co"' '- mn~t~e '~ Operations Committe~~ ENDORSEMENT~X_X_X_X_X_X_X_X_X_~O~ATION__~PRO~D BY COUNCIL PRESIDENT FOR SUBMITTAL: 4. SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIL ACTION: As a member of the Kitsap County HOME Consortium, the City of Bremerton receives an annual allocation of HOME funds fi.om the Department of Housing and Urban Development (HUD) to expand the supply of safe, sanitary and affordable housing for low income persons. The Low Income Housing Institute (LIHI) is requesting a deferred loan of $740,000.00 in HOME funds to rehabilitate the property at 704 Chester (Chester Terrace Apartmems). The total development budget will be $7,165,186.00. Affordable safe family housing is needed in Bremerton. The City's HOME policy allows for projects that promote rehabilitation and renovation of existing buildings. LIHI has the demonstrated ability to develop the project. We recommend approval of the funds. 8. RECOMMENDATION: I move to allocate $740,000.00 fi.om the HOME program to LIHI to rehabilitate the property at 704 Chester. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIA L: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED TABLED APPROVED. DISAPPROVED AMENDED COUNCIL DIRECTIVE: A ENDA BILL NO O3-- 2. CLEARANCE COMMENTS: None 5. IMPACT ON NON-PASSAGE: Project will not be developed 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: Funds ava±~lable ±n HUD HOIVl~ Program. 7. RESEARCH SOURCES: Bremerton HUD HOME 2003 PROJECT APPLICATION APPLICANT INFORMATION 1. General Applicant Information Applicant: Low Income Housing Institute, as managing member of Chester Manor LLC Address: I City: State: Zip Code: 2407 First Avenue, Suite 200 I Seattle WA 98121-1311 Contact person Title Don Riddelt Housing Developer Telephone number: 206/443-9935 Ext. 128 Title and Signat~ of Authorize~l Official 2. APPLICANT ADMINISTRATIVE PROFILE. The Low Income Housing Institute (LIHI), was formed in 1991 with the goal of providing affordable housing in Seattle and the surrounding communities. LIHI's mission is to develop, own and operate housing for the benefit of low-income families and individuals in Washington state; encourage the active participation of residents in the management of their housing; and advocate for just housing policies at the local and national levels. The agency has four lines of business: Housing Development, Housing Management, Advocacy and Technical Assistance. LIHI has grown to be one of the most productive nonprofit housing developers in the Pacific Northwest. LIHI has completed the development of over 2,500 units. LIHI owns 1,250 units and provides housing for over 5,000 people. We have raised $250 million in capital, operating and support service funds. Currently, LIHI owns 40 properties. These properties include over 60,000 SF of retail/commercial/social service space. A listing of all the projects completed and under development is attached to this application. LIHI's focus has been to develop housing for underserved populations, in particular for households with incomes between at or below 30% of area median income and between 30 and 50% of median income. An estimated 66% of LIHI's housing is affordable long-term to homeless and very low-income households with incomes at or below 30% of area median income. LIHI develops and owns housing serving diverse population groups. Approximately one-third of LIHI's units provide housing for families with children; one-third elderly, disabled and single individuals; and one-third formerly homeless people. In addition, LIHI's housing development efforts have focused in the following areas: developing mutual housing comanunities; saving Section 8 and other at-risk housing; preserving historic buildings; and partnering with grassroots, community and faith-based organizations to house the very poor. LIHI will own the Chester Manor project as part o£a limited liability company, which will include a low income housing tax credit investor. LIHI will be the managing member, and will be responsible for all development activities. In fulfilling its mission, LIHI has made significant contributions at the state and local level in housing advocacy, low-income housing preservation and community reinvestment. Additional organizational information about LIHI and its development and property management staff is also attached. Is the Organization applying as a CHDO? ( ) No (X) Yes If Yes: * Do you want the application to be considered for both the CHDO set-aside and the general HOME funds (X) Yes ( ) No * Attach CHDO checklist or predetermination PROJECT INFORMATION 3. Projected Use of HOME funds Proposed project: Tenure of recipients: check one ( ) New construction (X) Renters (X) Substantial rehabilitation ( ) Owners ( ) Moderate rehabilitation ( ) 1 st Time Homeowner ( ) Tenant Based-Assistance ( ) Other 1. NEED FOR 'I'HE PROJECT. This project involves the acquisition and substantial renovation of the Chester Manor Apartments located at 704 Chester Avenue in the City of Bremerton. The building was originally constructed in 1918, with additional wings added in approximately 1942 and 1963. The building was the original site of Harrison Memorial Hospital, and was converted to residential apartment units in 1981. The building currently contains 57 apartment units, with 47 units containing kitchens, bathrooms and separate living areas and 10 units providing only sleeping and toilet facilities. Due to the age of the building and the lack of ongoing repairs and maintenance by the prior owner, the building has fallen into disrepair. Substantial repairs and upgrades are needed to the interior and exterior walls, roof, interior fixtures and finishes, appliances, mechanical, electric and plumbing systems and the fire protection system. The building also contains hazardous materials, including lead based paint, asbestos containing building materials, and an underground storage tank, which will be abated in the course of the building's renovation. The condition of the building is substandard. The tenants faced housing conditions which were unsafe. The building has been cited by the City of Bremerton for various housing code violations. The dilapidated and mn-down condition of the building has created an undesirable housing environment. The building has been the source of various problems within the community, including criminal activity. The City of Bremerton has been forced to expend considerable time and resources addressing the problems associated with this building. If the building continues to deteriorate, these problems will continue. The market study commissioned for this project shows a definite need for the preservation of this affordable housing. The study completed by Columbia Valuation Group concludes that there is a chronically low vacancy rate associated with low-income housing in the area. A copy of the market study is attached. The immediate neighborhood surrounding Chester Manor (defined as a 1 mile radius) has a current population of approximately 13,005 residents According to the market study, 28% of the households in the neighborhood have incomes between $0 and $15,000, and 27% of the households have incomes between $15,000 and $25,000. Fifty percent of median income for a family of four in Kitsap County is $25,750. The market rate housing surveyed in the study show rental rates above the rental schedule proposed for this project. The supply of affordable, market rate apartment units in the area is seen as inadequate. Existing vacancy rates are considered "abnormally low" as reported by Dupre and Scott in its recent report for the Bremerton area. The market rate properties surveyed in the study reported vacancy rates of zero to 2.9% The market study also surveyed 6-rent-restricted housing projects in the area, and determined that all the rent restricted properties have zero current vacancies. The manager of each property reports that waiting lists are required. A significant number of the existing rent restricted units are reserved only for low-income seniors, and not available to general, low- ~ncome tenants. The Bremerton Housing Authority reports that is now has an active waiting list of nearly 1,200. Once on the waiting list, applicants can wait between 24 and 36 months. The project is consistent with the City of Bremerton's Growth Management Plan and the Kitsap County HOME Consortium Plan 2001-2005. CONSISTENCY WITH GROWTH PLAN. The project is consistent with the City of Bremerton's Growth Management Plan and the Kitsap County HOME Consortium Plan 2001-2005. With respect to affordable housing, several of the key Plan objectives are: (i) Increase the stock of affordable units throughout the County (except in Bremerton where an increase in rental units will be considered only when dilapidated structures are demolished or rehabilitated) through preservation, rehabilitation and construction. (ii) Improve the safety and livability of neighborhoods through revitalization and/or demolition of inappropriate or dilapidated structures. Within the City of Bremerton, the only way to increase the number of affordable housing units is by demolishing or rehabilitating dilapidated structures. New construction of low- income rental units is not a goal within the City. In its present condition, the Chester Manor building is a dilapidated structure, and a major renovation of this run-down building is the only way to preserve 57 units of low-income housing. If the building were to be demolished, only 15 replacement units of low-income housing could be re-built. There is a need for high quality, affordable housing within the City of Bremerton. This project will increase the supply of this needed housing, and eliminate an unwanted housing situation. 5. GENERAL PROJECT INFORMATION. This project involves the acquisition and substantial renovation of the property. LIHI's goal is to turn the building into high quality, affordable housing. The building will be substantially renovated and up- graded to provide safe, decent and clean affordable housing for low and very low-income households. L1HI will make the housing available to a range of households in need of affordable housing. The building was acquired on March 6, 2002 by the Chester Manor LLC, with LIHI as the managing member. Funds for the acquisition of the property were provided by the City of Bremerton in the amount of $602,444. When the property was acquired, the tenants were living in substandard housing conditions. Emergency repairs have been since acquisition, but the building remains in a dilapidated condition. It was decided that the building should be closed down early in anticipation of the rehab work. As of February 1, 2003, the building has been closed down and secured. A resident caretaker remains on site to keep the property secure and clean. The tenants have been temporarily relocated fi.om the building until the renovation work begins. All the tenants were relocated to better quality housing than existed at Chester Manor. Temporarily relocated tenants will be given an opportunity to move back into a newly remodeled unit when the construction work is complete. Relocation efforts are being carried out in accordance with the Uniform Relocation Act. Eligible tenants are receiving a rent differential payment and utility allowance so that their rent payments are not increased. L1HI has secured $3.7 million in an allocation of tax credits fi.om the Housing Finance Commission, and has submitted an application to the State Housing Trust Fund for $1.75 million. The planned renovation of the existing building involves extensive demolition of the building's interior, and reconstruction of the floors and reconfiguration of all housing units. Removal of many of the non- beating interior partitions, interior fmishes and fixtures will permit a redesign of the apartment layouts. There will be a mix of studio and one-bedroom units. Each unit will have a tull kitchenette and bathroom, with closets in the bedrooms (and closets in the studio units). Laundry rooms will be provided on all three main floors. The extensive renovation will include upgrades to plumbing, electrical and fire sprinkler systems. New ventilation systems (bath and kitchen exhaust, as well as common areas) will be installed. There will also be structural upgrades made to the building, which will include the addition of plywood sheathing to roofs, walls and floors, and concrete or masonry inflll walls between selected colnnms supporting the east wing. The building will be upgraded to Type V one-hour rated construction, instead of the current Type V-N. Interior corridors will also be one-hour rated. An area separation wall will be built to divide the building into two paris to meet maximum area restrictions of the building code. The exterior of the building will be repaired and repainted, and a new composition shingle roof installed. A successful renovation will turn a substandard and problem housing property into a community asset, After the renovation of the property is completed, all of the units will be maintained as affordable housing units. Ten of the housing units are already designated as HOME units in coanection with the ttOME tunds provided by the City of Bremerton to finance the acquisition of the property. The project has received an allocation of low income housing tax credits from the Housing Finance Commission. The tax credit allocation requires that 40% percent of the units will be affordable to households at 30% of area median income, and 50% of the units will be affordable to households at 50% of area median income. The Housing Finance Commission requires long-term rent restrictions. The project is also applying for tunds from the State Housing Trust Fund. The Housing Trust Fund will also require a restrictive use agreement in connection with its funding to maintain affordability. Explain how the project is consistent with the CHAS Components of the CHAS Plan include using HOME funds to: (i) Continue and expand existing housing rehabilitation programs to provide below market rate housing rehabilitation loan to owners of rental property serving very low and low-income tenants. The successful renovation of this building and conversion to affordable housing will expand the supply of decent, safe, sanitary and affordable housing within the City of Bremerton. Existing, substandard housing, which is a source of problems within the community will be rehabilitated and improved. The project, when fully funded, will be leveraged with other public and private funds. The specific CHAS component to be achieved is the use of HOME funds to provide a housing rehabilitation loan for rental property serving very low and low-income tenants. Project address: [ City: [ State: Zip Code: 704 Chester Avenue ] BremertoI WA 98377 n Identify the service area: City o f Bretnerton 6. SOURCE OF FUNDING. Please list the sources of all funds required to complete the project. Below the general categories outlined, list specific sources. Indicate if the amounts are committed, conditional or tentative. Source Committed Conditional Tentative a. Federal: Low Income Housing Tax Credits $ 3,732,336 $ : $ (LIHTC) b. State: Office of Community $ $ $ 1,750,000 Development (OCD) (Housing Trust Fund) c. Local: City of Bremerton HOME Funds $ 625,850 $ $ 740,000 d. Local: $ $ $125,000 Kitsap County HOME Funds e. LIHI: $192,000 $ $ g. Subtotals: $4,550,186 $ $2,615,000 h. TOTAL ALL FUNDING SOURCES $ 7,165,186 Development Budget is Attached. 7. Uses of Financing - Ali Funding Sources List the amount needed for each cost and indicate the anticipated fundin~ source. Project cost Amoun! Subtotal Source of Funds ACQUISITION: Purchase Price $600,000 City of Bremerton Liens and Other Taxes HOME Funds Closing and Recording Costs $2~444~ Ciw of Bremerton HOME Funds SUBTOTAL: $602,444 PRE-DEVELOPMENT COSTS Appraisal/Market Study $9,500 CiW of Bremerton Architect $419,133 City of Bremerton Engineering $(inchided above) Legal $20,000 City of Bremerton $30,000 Tax Credits Other: Environmental Assessment $5,180 City of Bremerton Site Survey $6,400 City of Bremerton Environmental Consultant $19,000 City of Bremerton $509,213 SUBTOTAL: CONSTRUCTION COSTS New Conslruction Rehabilitation $4,043,778 Tax Credits/HTF/ Infrastructure Improvements Kitsap County Contingency ( 15 %) $606,567 Tax Credits/HTF/ Kitsap County Hazardous Materials Abatement $5T270 Tax Credits/I-ITF/ K/tsap Count3, Project Management $254,000 Tax Credits/HTF/ LIHI Permits and Fees $44~00Q City of Bremerton Sales Tax $343,721 Tax Credits/HTF/ Kitsap Count~ SUBTOTAL: $5,349,336_ DEVELOPMENT COSTS ' Real Estate Taxes $5,520 City of Bremerton Insurance i $17,500 City of Bremerton Developer Fee $254,000 Tax Credits/HTF/ LIHI Relocation $137,500 City of Bremerton/ Tax Credits Other Bidding Costs $12,000 City of Bremerton Development Period Utilities $26,857 Cit~ of Bremerton Permanent Loan Fees $35,000 HTF Tax Credit Fees $45,816 City of Bremerton Accounting/Audit $12,000 Tax Credits Marketing/Leasing Expenses $4,000 Tax Credits Carrying Costs at Rent up $20~000 Tax Credits Operating Reserves $62,000 Tax Credits Replacement Reserves $28,000 Tax__Credits. Support of Local Housing $16,000 Tax Credits Permanent Financing Costs $25,000 City of Bremerton Misc. Development Costs $3,000 Tax Credits SUBTOTAL: $704,193 OPERATING COSTS Services RenffMortgage Subsidies Operating Other SUBTOTAL: TOTAL PROJECT COST $7,165,186 8. Sources of Cost Estimates Summarize the source(s) of the cost estimates Cost estimates are based on the following: Acquisition Costs -Purchase Price - Actual purchase price. -Closing Costs - Actual closing costs. Pre-Development Costs -AppraisaVMarket Study - Actual cost. -Architect (including engineering costs) - 11% of base construction contract. Based on estimate provided by architect. -Legal - Legal expenses related to property acquisition; LLC formation; tax credit compIiance and syndication; and other legal expenses. Based on actual expenses and estimate provided by attorney. -Environmental Consultant - Supervision of haz mat abatement plan. Based on estimate provided by environmental consultant.. -Site Survey - LIHI estimate. Construction Costs - Base rehab/constmction contract - Based on rehab scope of work and cost estimates prepared by architect. - ConsWaction contingency - 15 % of base rehab/constmction contract. - Haz Mat Abatement - Removal and abatement of lead based paint, asbestos containing materials, and decommissioning of an underground storage tank. Based on estimate provided by ATC Associates. - Permits/Fees - Estimated at 1.0% of base rehab/constmction contract. -Sales Tax - 8.5% Development Costs - Real Estate Taxes - Based on actual real estate taxes. - Insurance - Based on estimate provided by insurance broker. -Developer Fee - 3.6%. -Project Management Fee - 3.6%. - Relocation Costs - Based on 18 households receiving URA benefits at $4,500 per household. - Bidding Costs - Preparation of bid materials, copying charges, ad cost. LIHI estimate. - Development Period Utilities - Based on an 18 month holding period. LIHI estimate. - Permanent Loan Fees - 2% loan fee to HTF. - Accounting/Audit - Estimate for accounting, project close out and audit. - Marketing/Leasing Expenses - Estimated at $75 per unit. - Carrying Costs at Rent up - Estimated at $350 per unit. - Operating Reserves - Equal to 3 months of operating expenses. - Replacement Reserves - Equal to 2 years replacement reserves. - Support of Local Housing. LIHTC donation in support of local housing. Required by HFC. 9. Total Per Unit Cost TotalProject Development Cost: $ 7d65,186. Total Number of Units in the Project 56 Cost per unit $ 127,950 I0. Match Contribution Provide the amount of the match and a detailed description of the source of the contribution. (For example if the contribution is cash, land or real property, describe where it is coming from; if the match is donated or voluntar3, labor describe who will provide it....).Include the status of the contribution, is it committed, conditional, or tentative, explain. d. Description of match contribution: a. Total HOME funds requested $1,365,850. ($602,850 in HOME funds previously awarded by The project is also applying for funds from the the City of Bremerton. $740,000 in HOME funds State Housing Trust Fund in the amount of requested with this application.) $1,750,000. Application to Housing Trust Fund was submitted on April 2, 2003. It is anticipated b. Match contribution $1,750,000. that these funds will be made available from public funds ofthe State of Washington. These funds can be considered a match contribution from c. Match is __ % of HOME request a non-federal source. (contribution must be at least 25% of the HOME funds requested) *Match with non-federal funds will be greater than 25% of the total HOME funds. 11. Use of HOME funds Indicate project costs that are proposed to be paid with HOME funds. This information is also included in the Use of Funds statement. a. Development hard costs $ b. Acquisition costs $602,444. c. Related soft costs $655,906. d. Relocation costs $107,500. e. Costs related to TBA $ f. CHDO operatin~ expenses $ g. TotalHOME-Assisted Cost: $1.365,850. h. Total Number of HOME-assisted Units 56. i. HOME cost per unit $ 24,390. 12. Project Objectives/Tasks/Schedule List the specific tasks to be completed to meet the objectives of the project, the total amount required to meet the task, the amount that will be paid using HOME funds, the source of any other funds needed to complete the task, the date when you will start the task and the date when it will be completed. Specific tasks Total Cost HOME Cost Other Sources Start Date End Date 1. Acquired Property $602,444 $602,444 3/06/02 2. Make immediate repairs 3/02 3. Submitted LIttTC 5/02 application 4. Submitted State HTF 4/03 application 5. Submit City of Bremerton 4/03 HOME application 6. Secure public funds 7/03 7. Finalize architectural $419,133 $419,133 5/03 8/03 drawings 8. Apply for building $44,000 $44,000 8/03 10/03 permits 9. Pre-qualify contractors $12,000 $12,000 11/03 and bid project 5? 10. Sign construction 12/03 contract 11. Commence construction 1/04 12. Complete construction $5,051,336 State 12/04 HTF/Kitsap County/Tax Credits 13. Tenant temporary $137,500 $107,500 $30,000 11/02 12/04 relocation 14. Lease Up/Occupancy 10/04 12/04 Project Close-out Total (All Development $7,165,186 $1,365,850 $5,799,366 Costs and Sources) 13. LONG TERM AFFORDABILITY. Indicate the number of years the project will be retained as affordable housing for your target income level and how this will be accomplished. For example, land covenants or deed restrictions. If the project is for first-time homebuyers, include a specific description of the resale/recapture procedures that will be used. Pro, iect will remain affordable for at least 44 years. LIHI seeks to maintain all its projects for the maximum affordability period. The project will be funded with funds from the Washington State Housing Trust Fund and Washington State Housing Finance Commission through the allocation of low income housing tax credits. Both of these fund sources will require regulatory agreements. It is anticipated that the affordability period for this project will be at least 44 years. The regulatory agreement to be entered into with Housing Finance Commission in connection with the low income housing tax credits will require that 40% of the housing units be affordable to households at 30% of median income, and 50% of the units be affordable to households at 50% of median income. A regulatory agreement will also be entered with the State HTF to maintain long affordability. 14. MINORITY AND WOMEN OWNED BUSINESS. LIHI supports the use of minority and women owned businesses in the implementation of all its development activities. LIHI engages in outreach to attract and contract with minority and women owned businesses. 5'/ 15. AFFIRMATIVE MARKETING. Describe the methods of affirmative marketing that will be undertaken as part of the HOME assisted project. Include methods of proactive marketing which can include fliers, newspaper, radio or television advertisements. LIHI develops specific affirmative marketing plans for its projects. An affirmative marketing plan will be developed for this project. The plan will be designed to provide information to and attract eligible tenants from all racial, ethnic and gender groups. The affirmative marketing plan will specifically identify the community contacts and commercial media which will be used to attract eligible tenants. Attached as an example is an affirmative marketing plan prepared by LIHI for our Cedar Heights project located in Port Orchard. A similar plan will be developed for the Chester Manor Apartments. LIHI has extensive experience in the affirmative marketing of its housing projects. LIHI employs a range of marketing activities to provide information and attract eligible persons from all racial and ethnic groups in its local housing markets. LIHI will affirmatively market this project in compliance with all applicable Home regulations. LIHI has significant experience as a manager of low-income properties that encourage a diversity of tenants in terms of language, ethnicity and disability. We pride ourselves in providing housing for all qualified tenants. Attached to this application is LIHI's Property Management Summary. If your project is for homeownership you must answer questions 16 and 17 (you do not need to answer questions 18, 19, 20, or 21). * rental housing you do not need to answer questions 16, 17 or 21, but you must answer 18, 19 and 20. * tenant based assistance you do not need to answer questions 16, 17, 18, 19, or 20, but you must answer 21. 16. Homeownership Requirements nda 17. Ownership Income Targeting n/a 18. OPERATING STATEMENT Year 1 of Operations (15 year pro forma included as an attachment) A. Operating Income: $ 301,512 Gross Rent Receipts Less Vacancy Rate 7 % Other Income $21,106 Total Operating Income $ 280,406 B. Operating Expenses Sewer/Water $ 31,750 Electricity/Gas 40,250 Garbage 20,250 Maintenance 42,500 Management 54,324 Advertising 2,400 Reserves 25,212 Other Expenses 45,526 (all other misc. operating expenses) Total Operating Expenses $ 262,212 C. Net Operating Income $ 18,195 D. Total Debt S6rvice (complete table below) $ 0 E. Net Cash Flow (Net Operating Income less Debt Service Total $ 18,195 Debt Service: Loan Amount Monthly Payment Annual Payment State HTF $1~750,000 $ 0 (Deferred) $ 0 (Deferred) City of Bremerton $1,052~584 $ 0 (Deferred) $ 0 (Deferred) Total Annual Debt $ 0 Service 19. Project Rent Schedule Provide the information requested in the following table # of Family Household Monthly paid Rent Plus Type of Unit units Size Income Rent Utilities/ Utilities Services [ 30 % of Median Income 1 $13,000 $325 $0 $325 5~0 % of Median Income 1 $21~650 $402 $0 $402 60 % of Median Income ONE BEDROOM }: I I I $348 30 % of Median Income 1.5 $13~925 $348 $0 50 % 0fMcdian Income 1.5 $23~175 $543 $0 60 % of Median Income $543 % of Median Income % of Median Income __ % of Median Income THREE BEDROOM I [ % of Median Income % of Median Income % of Median Income TOTAL I 56 I I [ $25,126 I $0 1525,126 20. Home Rents Describe the process that will be established to assure that the rents charged in HOME assisted rental projects do not exceed the allowable amount under HOME program regulations. LIHI has extensive experience developing, owning and managing affordable housing projects. LIHI currently owns 1,250 units in 40 properties, and maintains a housing management staffofover 30. LIHI's housing projects include multiple funding sources including, low income housing institute, Washington State Housing Trust Fund, HOME, CDBG, project-based Section 8, McKinney Supportive Housing and Section Moderate Rehabilitation and Federal Home Loan Bank. LIHI has extensive experience complying with Home program regulations. Management policies and procedures are in place to insure that all HOME program regulations are complied with, and that rents charged do not exceed the allowable amounts. A complete property management sun'unary for LIHI is included as an attachment to this application. 21. Tenant Based Rental Assistance Describe actions you will take to assure the project meets the requirements of 92.210 and 92.211 including tenant selection policies, lease requirements, rent reasonableness, terms of any rental assistance contract and maximum subsidies. nda 22. Additional Information. Provide any additional in£ormation you think may help us evaluate your application This project has an allocation o£tax credits which was awarded in 2002. As part of the tax credit requirements, the project must show that all project funds are committed by the end of June, 2003. If this requirement is not met, the project will have to forfeit its tax credit allocation. In addition, the project must be completed and placed in service by December 31, 2004. In order to meet these schedule and the tax credit requirements, we must begin construction no later than January l, 2004. The project will have to be fully permitted and ready to proceed as of that date. For the project to be permitted by January 1, 2004, the construction and permit documents will have to be completed at least 3 months prior. At this point, the project does not have funds available to complete the construction plans and specifications to submit for permit. The project architect is standing by, ready to proceed to finalize the construction documents. However, in order to develop the project through completion of the eonsh-uction documents, 75% of the architectural and engineering fee will have to be paid. This fee amounts to approximately $325,000. The fund application to the Housing Trust was submitted on April 2, 2003, and a final funding decision is expected on June 27, 2003. Due to the time constraints imposed on this project, we must commence the architect's work prior to that date. Thus, are requesting that part of the $740,000 requested in this application be made available prior to a final decision from the Housing Trust Fund. These funds will enable the architect to start working on the construction documents and meet the project's required schedule. Attachments 1 Mission of Statement of LIHI 2 LIHI Organizational Information 3 IRS Tax Exemption 4 Corporate Registration with the State of Washington 5 Board Resolution 6 LIHI Projects Completed and Under Development 7 LIHI Development and Management Team Information 8 LIHI Board of Directors 9 Market Study 10 Development Budget ll Scope of Work and Construction Cost Estimates 12 15-Year Operating Pro Forma DATE SUBMITTED: 4/22/03 BILL # t/'.)~,,~ AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Renovation of Storage Building Committee Meeting Date: 4/29/03 Fischer General Contracting Inc. COUNCIL MEETING Date: 5/14/03 Public Safety Bond Issue Department: Economic Development Presenter: Kathleen McCluskey Phone: 473-5234 SUMMARY: The Public Safety Bond Issue incuded renovation of an existing pre-engineered metal building for use as office space and vehicle storage for the police department. It will include approximately 2,500 sf of office space and 2,500 sf of vehicle storage space. ATTACHMENTS: Contract with Fischer General Contracting Inc. FISCAL IMPACTS (Include Budgeted Amount): $120,000.00 plus WSST. This project is part of the Public Safety Bond Issue. APPROVALS: DEPARTMENT DIRECTOR: ~ CITY ATTORNEY: MAYOR: FISCAL/BUDGET: (~) , OPERATIONS: ~J~, l !~ d O ~,,~,f .. ~ COUNCIL PRESIDENT: ~ff--~. - ~-ce.4-c~z~ RECOMMENDED MOTION: Move to approve contract with Fischer General Contracting Inc. in the amount of $120,000.00 plus WSST and authorize the Mayor to execute same. AGENDA STATUS: Consent [] New Business [] Old Business [] Ordinance [] COUNCIL ACTION: [] Approve [] Deny [] Postpone ~ [] No Action Resolution [] Public Hearing [] PUBLIC WORKS AGREEMENT THIS AGREEMENT, is entered into between the City of Bremerton, a Washington Municipal Corporation ("City"), and Fischer General Contracting, Inc. ("Contractor") whose mailing address is P.O. Box 661, Poulsbo, WA. 98370. The parties agree as follows: 1. CONTRACTOR SERVICES. The Contractor shall perform the following services for the City: Renovate a pre-engineered metal building for use as office space and vehicle storage in accordance with the contract drawings (Attached as Exhibit "A"). 2. TIME OF COMPLETION. Contractor shall complete the work within 120 (one hundred twenty) calendar days from the date of issuance of the City's Notice to Proceed. 3. COMPENSATION. The City shall pay the Contractor the total amount of $120,000.00 (One Hundred Twenty Thousand Dollars), plus any applicable Washington State Sales Tax, for the work and services contemplated in this agreement. The Contractor shall invoice the City monthly. The City will pay for the portion of the work described in the invoice that has been completed by the Contractor and approved by the City. The City payment shall not constitute a waiver of the City's right to final inspection and acceptance of the project. A. Performance Bond. Pursuant to Chapter 39.08 RCW, the Contractor, shall provide the City a performance bond for the full contract amount to be in effect until sixty (60) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue and the State Department of Labor and Industries and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. B. Retainage. The City shall hold back a retainage in the amount of five percent (5%) of any and all payments made to contractor for a period of sixty (60) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue and the State Department of Labor & Industries and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. C. Defective or Unauthorized Work The City reserves its right to withhold payment from Contractor for any defective or unauthorized work. Defective or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this agreement; and extra work and materials furnished without the City's written approval. If Contractor is unable, for any reason, to satisfactorily complete any portion of the work, the City may complete the work by contract or otherwise, and Contractor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Fischer General Contracting, Inc. Page 1 of 9 Contract price specified above. The City further reserves its right to deduct the cost to complete the Contract work, including any Additional Costs, from any and all amounts due or to become due the Contractor. D. Final Pawnent: Waiver of Claims. THE MAKING OF FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TiME REQUEST FOR FINAL PAYMENT IS MADE. 4. INDEPENDENT CONTRACTOR. Contractor is and shall be at all times acting as an independent contractor and not as an employee of the City. The Contractor shall secure at its expense, and shall be responsible for all payments of income tax, social security, state disability insurance compensation, unemployment compensation, and all other payroll deductions for the Contractor, officer, agents, employees and sub-contractors. The Contractor shall also secure all applicable business licenses, if required, in connection with the contract services, including all required licenses for Contractor's officers, agents, employees and sub- contractors. 5. TERMINATION. The City may terminate this agreement for good cause. "Good cause" shall include, without limitation, any one or more of the following events: A. The Contractor's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of the Contract work. B. The Contractor's failure to complete the work within the time specified in this agreement. C. The Contractor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Contractor's persistent disregard of federal, state or local laws, roles or regulations. E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt. If the City terminates this agreement for good cause, the Contractor shall not receive any further monies due under this agreement until the Contract work is completed. 6. PREVAILING WAGES. Contractor shall file a "Statement of Intent to Pay Prevailing Wages," with the State of Washington Department of Labor & Industries prior to commencing the Contract work. Contractor shall pay prevailing wages and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate Fischer General Contracting, Inc. Page 2 of 9 provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached. 7. CHANGES. The City may issue a written change order for any change in the Contract work during the performance of this agreement. If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to an authorized agent of the City within fourteen (14) calendar days of the date Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Contractor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Contractor fails to require a change order within the time allowed, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided below: A. Procedure and Protest by the Contractor. If the Contractor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Contractor shall: 1. Immediately give a signed written notice of protest to the City; 2. Supplement the written protest within fourteen (14) calendar days with a written statement that provides the following information: a. The date of the Contract's protest. b. The nature and circumstances that caused the protest. c. The provisions in this agreement that support the protest. d. The estimated dollar cost, if any, of the protested work and how that estimate was determined. e. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. The Contractor shall keep complete records of extra costs and time incurred as a result of the protested work. The City shall have access to any of the Contractor's records needed for evaluating the protest. 3. The City will evaluate all protests, provided the procedures in this section are followed. If the City determines that a protest is valid, Fischer General Contracting, Inc. Page 3 of 9 the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. B. Contractor's Duty to Complete Protested Work. In spite of any protest, the Contractor shall proceed promptly with the work as the City has ordered. C. Contractor's Acceptance of Changes. The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Contractor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts form the City any written or oral order (including directions, instructions, interpretations, and determination). 8. CLAIMS. The Contractor shall give written notice to the City of all claims other than change orders within fourteen (14) calendar days of the occurrence of the events giving rise to the claims. Any claim for damages, additional payment for any reason, or extension of time, whether under this agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this agreement; or, if(and only if) no such provision is applicable, unless that claim is set forth in detail in writing and received by the City within seven (7) calendar days from the date Contractor knew, or should have known, of the facts giving rise to the claim. At a minimum, a Contractor's written claim must include the information set forth regarding protests in Section 7.A.2.a.-e. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHiN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. Contractor must, in any event, file any claim or bring any suit arising from or connected with this agreement within 120 calendar days from the date the contract work is complete. 9. WARRANTY. The Contractor shall correct all defects in workmanship and materials within one year from the date of the City's acceptance of the Contract work. When Fischer General Contracting, Inc. Page 4 of 9 I0 defects are corrected, the warranty for that portion of the work shall extend for one year form the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. 10. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officer, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits including all legal costs and attorney fees, arising out of or in connection with the performance of this agreement, except for injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. IT IS FURTHER SPECiFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSE OF THIS INDEMNIFICATION. THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this agreement. 11. INSURANCE. The Contractor shall procure and maintain for the duration of this agreement insurance of the types and in the amounts described below against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work by the Contractor, its agents, representative, employees, subconsultants or subcontractors. Before beginning work on the project described in this agreement, the Contractor shall provide a Certificate of Insurance evidencing: I. Automobile Liability insurance with limits no less than $l,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence Fischer General Contracting, Inc. Page 5 of 9 and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU); and employer's liability. 3. Excess Liability insurance with limits not less than $1,000,000 per occurrence and aggregate. Any payment of deductible or self insured retention shall be the sole responsibility of the Contractor. The City, its officials, employees, agents and volunteers shall be named as an additional insured on the insurance policy, as respects work performed by or on behalf of the Contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The Contractor's insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Contractor's insurance shall be primary insurance as respects the City, and the City shall be given thirty (30) calendar days prior written notice by certified mail, return receipt requested, of any cancellation, suspension or material change in coverage. 12. MISCELLANEOUS. A. Nondiscrimination. In the hiring of employees for the performance of work under this Agreement or any sub-contract hereunder, the Contractor, its sub-contractors, or any person acting on behalf of such Contractor or sub-contractor shall not, by reason of race, religion, color, sex, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. B. Compliance with Laws. Contractor shall comply with all federal, state and local laws, roles and regulations throughout every aspect in the performance of this agreement. C. Work Performed at Contractor's Risk. Contractor shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of this agreement. Alt work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. D. Nonwaiver of Breach. The failure of the City to insist upon strict performance of any of the terms and rights contained herein, or to exercise any option herein Fischer General Contracting, Inc. Page 6 of 9 conferred in one or more instances, shall not be constructed to be a waiver or relinquishment of those terms and rights and they shall remain in full fome and effect E. Governing Law. This agreement shall be governed and construed in accordance with the laws of the State of Washington. If any dispute arises between the City and Contractor under any of the provisions of this agreement, resolution of that dispute shall be available only through the jurisdiction, venue and rules of the Kitsap County Superior Court, Kitsap County, Washington. F. Attorney's Fees. To the extent not inconsistent with RCW 39.04.240, in any claim or lawsuit for damages arising from the parties' performance of this agreement, each party shall be responsible for payment of its own legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit; however, nothing in this subsection shall limit the City's right to indemnification under Section 10 of this agreement. G. Written Notice. Ail communications regarding this agreement shall be sent to the parties at the addresses listed on the signature page of this agreement, unless otherwise notified. Any written notice shall become effective upon delivery, but in any event three (3) calendar days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated on this agreement. H. Assignment. Any assignment of this agreement by the Contractor without the written consent of the City shall be void. I. Modification. No waiver, alteration, or modification of any of the provisions of this agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor. J. Severability. If any one or more sections, sub-sections, or sentences of this agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this agreement and the remainder shall remain in full force and effect. K. Entire Agreement. The written provisions and terms of this agreement, together with any attached Exhibits, supersede all prior verbal statements by any representative of the City, and those statements shall not be construed as forming a part of or altering in any manner this agreement. This agreement and any attached Exhibits contain the entire agreement between the parties. Should any language in any Exhibit to this agreement conflict with any language contained in this agreement, the terms of this agreement shall prevail. IN WITNESS WHEREOF, the parties below have executed this agreement. FISCHER GENERAL CONTRACTING, INC. CITY OF BREMERTON Dan Fischer Cary Bozeman Fischer General Contracting, Inc. Page 7 of 9 Title: President Title: Mayor DATE DATE Notices to be sent to: Notices to be sent to: CONTRACTOR: CITY OF BREMERTON: Dan Fischer Project Administrator Fischer General Contracting, Inc. 239 Fourth Street P.O. Box 661 Bremerton, WA. 98337 Poulsbo, WA 98370 APPROVED AS TO FORM: Bremerton City Attorney ATTEST: Bremerton City Clerk Fischer General Contracting, Inc. ~l~t Page 8 of 9 [~' PREVAILING WAGES Page 9 of 9 DATE SUBMITTED: April 30, 2003 BILL # t~),~ "0 AGENDABILL 8b CITY OF BREMERTON CITY COUNCIL SUBJECT: Salary Range for Municipal Committee Meeting Date: May 6, 2003 Services Coordinator COUNCIL MEETING Date: May 14, 2003 Department: Human Resources Presenter: Carol Conley Phone: 4'/3-5347 SUMMARY: The City Council approved a new job description for the Municipal Services Coordinator position on April 9, 2003. Council now desires to establish a salary band for the position based on the new job description. ATTACHMENTS: (1) Municipal Services Coordinator job description (2) Memorandum from Human Resources Director FISCAL IMPACTS (Include Budgeted Amount): APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: OPERATIONS: ,.{4~~~ COUNCIL PRESIDENT: -~'~ p'~P~'d"..~'~ RECOMMENDED MOTION: I move to set the salary range for thc position of Municipal Services Coordinator at Band 15. AGENDA STATUS: Consent [] New Business [] Old Business [] Ordinance [] COUNCIL ACTION: [] Approve [] Deny [] Postpone [] No Action Resolution [] Public Hearing [] Information [] 7~ Study Session [] Memo To: City Council A ,~ 0 ~ From: Carol S. Conley, Direct 0~v~a ~ CC: Cary Bozeman, Mayor Date: May 7, 2003 Re: Recomn~ndation - Pay Band for Municipal Services Coordinator After a review of all the factors to be considered in establishing the pay band for the Municipal Services Coordinator position pursuant to the job descrilXion which was approved by Council on April 10, 2003, including the material submitted to the City Council and subsequent discussion at the May 6, 2003 Council Committee meeting, I hereby reconnnend that the pay band for this position be set at Band 15 of the 2003 Management Pay Plan. CITY OF BREMERTON JOB DESCRIPTION POSITION TITLE: Municipal Services Coordinator DEPARTMENT: Office of the Mayor DATE: April I0, 2003 STATUS: Exempt GENERAL FUNCTION: Under the direction of the Mayor, this position supports and coordinates the City's day-to-day programs, services and administration; and provides operational coordination and assistance in other areas as assigned. REPRESENTATIVE ESSENTIAL DUTIES AND RESPONSIBILITIES: Participate in Mayor's Executive Team in advisory capacity with respect to all functions pertinent to the Mayor's office, municipal affairs and city relationships with the public. Represent the Executive team and the Mayor in advising the Department Heads and Contract Employees of the Executive Office on relevant municipal issues. Meet with Department Heads to discuss issues pertinent to their offices and functions. Coordinates with other departments, the City Council and the public. Attends City Council committee meetings, Council Meetings, study sessions and attends Council Representative District meetings as schedules allow. Meets with City Council members on an intermittent basis to assist with information gathering or to facilitate activities with city staff. Meets with Council President upon request. Reviews City Boards and Commissions applications, conduct interviews for placement on boards, commissions and committees and make recommendations for placement for the Mayor and presents to City Council for approval. Attends City Commission, Board and Committee meetings occasionally to represent the Mayor's office and observe their activity. Oversees and facilitates Employee Recognition Committee and function, Manager's work groups and functions, and Employee Activity Committee and functions. Attend the Mayor's meetings with city staff and members of the public as requested by the Mayor. Work with Human Resources Director to research and recommend programs for improving staff morale and productivity. Chairs the Mayor's communication work group to coordinate public relations, outreach and marketing activities for the city. Conducts annexation planning and facilitates and coordinates the review and assessment of all initiatives to annex properties into the City. Works with the BKAT Manager in program planning and scheduling the Mayor and city staff for Inside Bremerton productions and coordinating city promotion activities. Chairs Department Head staff meetings and coordinates municipal affairs in Mayor's absence. Responds to citizen correspondence and meets with citizens relating to concerns pertinent to city government. Responds to inquires from officials and staff, outside agencies and the public. Participates in policy development considerations such as general budget priorities, strategies and capital improvement programs. Participates in civic, community and professional organizations. Carries out special projects as directed by the Mayor. Reviews City department structures and operations for efficiencies and improvements, and makes recommendations to the Mayor. Coordinates and consults with Mayor and City Council President on legislative issues and strategies. Coordinates with other governmental entities and attends work group meetings. Responds to inquiries and concerns fi.om officials, staff, outside agencies and the public. Performs other duties assigned by the Mayor which are necessary to the efficient operation of the Mayor's office and the City. KNOWLEDGE, SKILLS AND ABILITIES: Knowledge of: · Principles and practices of municipal management and contract negotiations. · Basic principles of governmental accounting and budgeting. City computer software application systems. · City organization, operations, policies and objectives · Federal, State and local programs, policies, laws and objectives related to municipal affairs. · Legislative functions, authorities, responsibilities and issues. · Project planning, organization and coordination · Public relations skills and public speaking techniques. Ability to: · Provide effective and clear oral and written communications to individuals and groups. · Coordinate multiple projects · Conduct effective public presentations geared to a wide variety of audiences. · Plan and implement goals, objectives and programs. · Negotiate agreements that adhere to the City's goals, strategic plans and policies. · Utilize personal computers and various software applications. · Establish and maintain cooperative and effective working relationships with community leaders, administrators, political officials and City staff. · Deal with sensitive situations tactfully and with understanding. · Research and analyze issues and alternatives consistent with City plans and policies. · Perform a variety of duties involving frequent and responsible public and media contact. PHYSICAL REQUIREMENTS: MINIMUM QUALIFICATIONS: Undergraduate degree in business, public administration or closely related field, and five (5) years increasingly responsible experience in a managerial/administrative capacity, of which three (3) years must have been in the public sector, or any equivalent combination of education, background and experience that provides the required knowledge, skills and abilities. WORKING CONDITIONS: LEGAL AND REGULATORY EMPLOYMENT CONDITIONS: · Fair Labor Standards Act: The classification is exempt under the laws of the Fair Labor Standards Act minimum wage and overtime provisions. · Representation: Non-represented · Civil Service: The classification is excluded from the City's Civil Service System. · Appointment and Removal Authority: Appointed by the Mayor and confirmed by thc City Council. Removal by the Mayor. This classification specification does not constitute an employment agreement between the City and employee. It is subject to change by thc City as thc needs of the City and requirements change. DATE SUBMITTED: May 1, 2003 BILL # ~ ~.~ ~$' AGENDA BILL CITY OF BREMERTON ~ CITY COUNCIL SUBJECT: HEARING AND Committee Meeting Date: ff'-/5--O ~ ORDINANCE # VACATING A COUNCIL MEETING Date: May 14, 2003 PORTION OF ALLEY BETWEEN 5TM & Department: PW&U, Engineering 6~m/PACIFIC & WASHINGTON AVES Presenter: Mike C. Mecham Phone: 478-5270 SUMMARY: The City initiated the vacation of a portion of the alley between 5th and 6th Streets and Pacific and Washington Avenues. This date has been scheduled for a public heating in accordance with state law and the Bremerton Municipal Code and for first reading on the proposed ordinance vacating the subject alley. The vacated area will be incorporated into the abutting City owned property to provide a site compatible for usage for the Bremerton Govemment Center. Access to the waterfront will not be impeded with this vacation. This is a Class II right-of-way and compensation is not required in accordance with BMC 11.20.080. ATTACHMENTS: A. Ordinance # B. Site Map FISCAL IMPACTS (Include Budgeted Amount): No Impact. DEPARTMENT DIRECTOR: crry ATTORNEY: MAYOR: FISCAL/BUDGET: OPERATIONS: [46 r,d, l arfl 2.oo3 COUNCIL PRESIDENT: RECOMMENDED MOTION: A. I move to approve the attached ordinance on first reading, vacating a portion of the alley located between 5th and 6th Streets and Pacific and Washington Avenues. B. I move to pass Ordinance # on second reading, vacating a portion of the alley located between 5th and 6th Streets and Pacific and Washington Avenues. AGENDA STATUS: Consent New Business Old Business Ordinance COUNCIL ACTION: [] Approve ?] Deny [] Postpone [] No Action Resolution rdO [ Public Hearin~ Information Study Session ORDINANCE NO. AN ORDINANCE of the City Council of the City of Bremerton, Washington, relating to the vacation of streets, vacating a portion of the alley between 5th and 6th Streets, and Pacific and Washington Avenues in the City of Bremerton. WHEREAS, the City has initiated the vacation of a portion of the alley between 5th and 6th Streets, and Pacific and Washington Avenues in the City of Bremerton; and WHEREAS, the City passed Resolution No. 2890 declaring its intention to vacate a portion of a portion of the alley between 5th and 6th Streets, and Pacific and Washington Avenues, which resolution also set a hearing to take public comment or consider written objections to the vacation; and WHEREAS, fewer than fifty percent of the property owners abutting said fight- of-way filed written objections to this action prior to the time set for public heating herein; and WHEREAS, a public heating was held with proper notice on May 14, 2003, in the City Council Chambers of the Bremerton City Hall to take public comment or consider written objections to the vacation; and WHEREAS, the City Council finds that this vacation is sought to enable development of the government center; and WHEREAS, the City Council has determined that it is in the best interest of the public to proceed with the vacation; and WHEREAS, the City Council has directed the preparation of an ordinance vacating the portion of said streets; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The foregoing recitals are incorporated as if fully set forth herein. SECTION2. That portion of the alley between 5th and 6th Streets, and Pacific and Washington Avenues in the City of Bremerton, as described in Exhibit A, which is attached and incorporated herein by this reference, is hereby vacated to the abutting property owners including any and ail easements contained therein. SECTIONS. No easements are reserved in conjunction with this street vacation. 1 Street Vacation- Alley 5~h and 6th and Pacific and Washington SECTION 4. No vested rights shall be affected by the provisions of this ordinance. SECTIONS. Severability. If any one or more section, 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 6. Effective Date. This ordinance shall take effect and be in force ten (10) days from 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 AP, ENDS, 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~Public Works & Utilitie$~5th and 6th Street Vacation.doc 2 Street Vacation - Alley 5th and 6tn and Pacific and Washington 03 EXHIBIT A Vacation of a portion of the alley within Block 5, of the Plat of the Town of Bremerton, as recorded in Volume 2, of plats Page 030, records of Kitsap County Washington, situate in Government Lot 1, Section 13, Township 24 North, Range 1 East, Willamette Meridian, Kitsap County, Washington, more particularly described as follows: Beginning at a point 8 feet east of the northwest corner of Lot 9, of said Block 5 and on the south margin of the alley, also being the easterly margin of that portion of the alley previously vacated per City of Bremerton Vacation Ordinance No. 3695; thence east along said south margin to a point 11 feet east of the northwest corner of Lot 13, of said Block 5; thence leaving said south margin, north to a point 11 feet east of the southwest comer of Lot 35 of said Block 5, and on the north margin of the alley; thence west along the north margin of the alley to a point 8 east of the southwest corner of Lot 39, of said Block 5, and the easterly margin of said Ordinance No. 3695; thence south along said eastedy margin to the true point of beginning. Together with that portion of Lot 39 and Lot 38 dedicated to the City of Bremerton for right of way per Kitsap County Auditor File Number 8204300081. Vacation of Alley for Government Center Page 1 of 1 DATE SUBMITTED: April 19, 2003 BILL # O ~.~ ~ C_~ ~5 AGENDA BILL h CITY OF BREMERTON CITY COUNCIL ..... ' ............ }0'~ ;'5_'~'43; .............. "" ............ '"' ....... '"'" .... '"'" SUBaECT: Resolution Approving Committee Meeting Date: May 6, 2003 Interagency Agreement With Kitsap County COUNCIL MEETING Date: May 14, 2003 Washington for Water Main Construction. Department: PW&U/Engineering Presenter: Bob Earl, Project Mgr. Phone: 473-5344 SUMMARY: The City and Kitsap County negotiated a written Agreement for the City to construct a water main to serve the County's Central Communications Center Project as part of the City's West 650 Pressure Zone Transmission & Distribution Mains project. The Agreement specifies the roles and responsibilities of the City and County with respect to the construction process and specifies that the County will pay all design and construction costs for its segment of water main, including change orders. ATTACHMENTS: 1) Resolution; 2) Subject Agreement With Kitsap County; 3) Project Map FISCAL IMPACTS (Include Budgeted Amount): None; Construction management and inspection of this water main can be accomodated within the existing West 650 Zone project budget. APPROVALS: DEPARTMENT DIRECTOR: PURCHASING MANAGER: MAYOR: FISCAL/BUDGET: OPERATIONS: cot~ciL P~SXDENT: ~ ~,~ ~COMMENDED MOTION: Move to approve the Resolutiofl ~d au~orize ~e Mayor to execute the Interagency Agreement wi~ Kitsap County. AGENDA STATUS: COUNCIL ACTION: [] Approve [] Deny [] Postpone [] No Action Consent [] New Business [] Old Business [] Ordinance [] Resolution [] Public Hearing [] Information [] Study Session [] RESOLUT ONNO. A RESOLUTION of the City Council of thc City of Brcmerton, Washington, approving an Agreement with Kitsap County, Washington, for Construction of Water Main. WHEREAS, Kitsap County, a political subdivision of Washington State, has requested that the City of Bremerton construct a water main to serve Kitsap County's Central Communications Center project as part of the construction phase of the City of Bremerton's West 650 Pressure Zone Improvements project; and WHEREAS, the City of Bremerton's West 650 Pressure Zone Improvements Project will construct similar water mains in a location contiguous to Kitsap County's Central Communications Center project; and; WHEREAS, Kitsap County and the City of Bremerton have negotiated a written Agreement (Agreement) for the City of Bremerton to undertake construction of said water main on Kitsap County's behalf; and, WHEREAS, Kitsap County will pay ail design and construction costs in accordance with the Agreement; and, WHEREAS, approval of said Written Agreement requires a resolution of the governing body authorizing the Mayor of the City of Bremerton to execute the Agreement; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION1. The City of Bremerton desires to construct said water main in accordance with the Agreement. 1 Construction Agreement - Kitsap County SECTIONZ The City Council of the City of Bremerton does hereby authorize the Mayor of the City of Bremerton to execute the Agreement and to take such other actions as are necessary and relevant to performance of the Agreement. SECTION3. 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 fome 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 APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney KATHLEEN MCCLUSKEY, City Clerk CSProjects\W650\ESRC WM Construction Agreement. doc Construction Agreement - Kitsap County INTER-AGENCY AGREEMENT REGARDING UTILITY CONSTRUCTION THIS INTER-AGENCY AGREEMENT is entered into between the City of Bremerton, a Washington municipal corporation, located and doing business at 239 Fourth Street, Bremerton, Washington 98337 CBremerton"), and Kitsap County, a Washington municipal corporation, located and doing business at 614 Division Street, Port Orchard, Washington 98366 ("KC"). RECITALS WHEREAS, Bremerton is constructing a group of projects collectively known as the West 650 Pressure Zone (W650); and WHEREAS, one of Bremerton's projects is a water distribution main, and KC desires to construct a similar water distribution main at a location adjacent thereto; and WHEREAS, KC and Bremerton have determined that costs for both parties could be reduced if construction of the KC water distribution main is managed by Bremerton and KC reimburses Bremerton; and WHEREAS, the parties intend that Bremerton take possession, ownership and maintenance responsibility for the KC water distribution main when construction is complete, and intend that such transfer, if any, shall be by separate agreement. NOW, THEREFORE, in consideration of the terms, conditions, covenants, and performances contained herein, or attached and incorporated and made part hereof, it is mutually agreed by Bremerton and KC as follows: INTER-AGENCY AGREEMENT BREMERTON/KC REGARDING WEST 650 PRESSURE ZONE UTILITY CONSTRUCTION--Page I of 5 AGREEMENT A. THE CITY OF BREMERTON'S OBLIGATIONS: 1. The City of Bremerton will complete or contract for all construction work for the water main extension between Project Station 0 + 00 and Project Station 15 + 50. Bremerton will manage the project by use of its staff resources and by use of consultants determined by Bremerton to be appropriate for the project. 2. Bremerton will assume the lead role in construction phase, and will advertise the project, either as a single complete project or in various construction sequences or segments, for construction bids and will provide construction project management through physical completion, final acceptance, and until property acceptance of the completed water distribution main by Bremerton. 3. Bremerton will review and approve all requests for changes proposed by the contractor or KC during construction. Bremerton will consult with, and receive approval from KC, prior to approving any change order request from the contractor on that portion of the water line as identified on Exhibit A. Any damages resulting from delays in obtaining approval of a given request for changes shall be borne by KC unless found to be caused by the sole negligence of Bremerton. 4. Bremerton will keep KC advised of the construction progress on a weekly basis and will use its best efforts to inform KC staff of key meetings during project construction. 5. Bremerton will provide inspection reports, daily reports, pay estimates and other normal construction reports generated during the project to KC upon request. 6. Bremerton shall include a clause in its construction contracts that requires its contractor to coordinate its work with any KC contractor operating in the same area or adjacent areas, and other contractors who may be operating on the ESRC site at the same time. 7. Bremerton will also cooperate with KC to secure additional funds from any grant agencies. However, Bremerton will not be required to obligate itself to expend public funds. B. KC'S OBLIGATIONS: 1. KC will complete all design and construction drawings for the above described water INTER-AGENCY AGREEMENT BREMERTON/KC REGARDING WEST 650 PRESSURE ZONE UTILITY CONSTRUCTION-- Page 2 of 5 distribution main at its own expense, in accordance with Bremerton's requirements, for inclusion in Bremerton's bidding and contract documents. KC will timely submit construction drawings to Bremerton for review and approval, in accordance with document completion dates as determined by Bremerton. 2. Bremerton will review the plans and specifications prepared by KC and make recommendations for changes or modifications. Ifa dispute arises, KC shall have decision making authority over decisions that are non-mandatory or discretionary. Nothing in this Agreement shall modify or affect Bremerton's authority to accept or reject KC's anticipated offer to transfer ownership of the completed water system to Bremerton, after completion of this project. 3. KC will review the project construction progress periodically and review correspondence submitted from Bremerton to insure compliance with KC's Construction Standards and to satisfy itself on the satisfactory progress of the construction. 4. KC shall be responsible for, and shall direct its consulting design engineer's participation in, correction of errors and omissions in its design and construction drawings. KC shall reimburse Bremerton for any increases in construction cost arising from errors or omissions in its construction drawings. 5. When Bremerton has indicated its final acceptance of the construction work, KC shall issue a deed to The City of Bremerton for the improvements contemplated under this agreement. In addition, KC shall deed an easement to The City of Bremerton for future construction, operation and maintenance of the water main, when the final alignments of the water distribution main are known. In any event, the easement shall not be less than 30 feet wide, centered on the water main. 6. If KC contracts for other construction work to be completed on the site of the work contemplated under this agreement, KC will include a clause in their construction contracts that requires their contractor to coordinate its work with Bremerton's contractor and others who may be operating on the site at the same time. 7. KC agrees to reimburse Bremerton for construction of the water distribution main referenced in Exhibit A, based on the total cost of KC's portion of the project as bid. In addition, KC agrees to reimburse additional amounts as may be approved by Bremerton and KC in Change Orders to the construction contract. This reimbursement shall be prepaid as follows: 7.1 KC agrees to pre-pay the construction cost of its water distribution main, INTER-AGENCY AGREEMENT BREMERTON/KC REGARDING WEST 650 PRESSURE ZONE UTILITY CONSTRUCTION-- Page 3 of 5 based upon the awarded construction contract. 7.2 The total amount of its part of the construction cost shall be pre-paid by KC to Bremerton not later than 30 calendar days after award of the construction contract by the Bremerton City Council. 7.3 Within sixty (60) days following final acceptance of the project, Bremerton shall calculate any positive or negative adjustments in the contract price, as indicated in any approved Change Orders to the construction contract, and shall notify KC of the same. If there is a need for additional payment or reimbursement by either party, such payment or reimbursement shall be made within thirty (30) days of notice to KC of the adjusted total. C. MISCELLANEOUS 1. Termination. This agreement shall terminate ninety (90) days after the date that the construction of the West 650 Pressure Zone (W650) and the improvements indicated in Section A. 1 of this agreement have been constructed and Bremerton has accepted the project as complete. 2. Governing Law. This agreemem shall be governed and construed in accordance with the laws of the State of Washington. If any dispute arises between Bremerton and KC under any of the provisions of this agreement, resolution of that dispute shall be available only through the jurisdiction, venue and roles of the Kitsap County Superior Court, Kitsap County, Washington. 3. Modification. No waiver, alteration, or modification of any of the provisions of this agreement shall be binding unless in writing and signed by a duly authorized representative of each party. 4. Severability. If any one or more sections, subsections or sentences of this agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portions of this agreement and the remainder shall remain in full force and effect. 5. Entire Ageement. Written provisions and terms of this agreement, together with any attached exhibits, supersede all prior verbal statements by uny representative of either party, and those statements shall not be construed as forming a part of or altering in uny manner this agreement. This agreement and any attached exhibits contain the entire agreement between the parties. Should any language in any exhibit to this agreement conflict with any language contained in this agreement, the terms of this agreement shall prevail. INTER-AGENCY AGREEMENT BREMERTON/KC REGARDING WEST 650 PRESSURE ZONE UTILITY CONSTRUCTION-- Page 4 of 5 6. Indemnification. KC shall defend, indemnify and hold Bremerton, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits including all legal costs and attorney fees, arising out of or in connection with the performance of this agreement, to the extent caused by KC's negligence. Bremerton shall defend, indemnify and hold KC, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits including all legal costs and attorney fees, arising out of or in connection with the performance of this agreement, to the extent caused by Bremerton's negligence. 7. Insurance. The parties to this agreement are public entities, which are self-insured for the purposes of this agreement. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of KC and Bmmerton, its officials, employees, agents and volunteers, KC's liability hereunder shall be only to the extent of KC's negligence. The provisions of this section shall survive the expiration or termination of this agreement. THE CITY OF BREMERTON KITSAP COUNTY CARY BOZEMAN, MAYOR , COUNTY EXECUTIVE ATTEST: ATTEST: .(SEAL) (SEAL) KATHLEEN MCCLUSKEY DANIELLE DASKUM BREMERTON CITY CLERK KITSAP COUNTY CLERK APPROVED AS TO FORM: APPROVED AS TO FORM: ROGER A. LUBOVICH BREMERTON CITY ATTORNEY KITSAP COUNTY ATTORNEY INTER-AGENCY AGREEMENT BREMERTON/KC REGARDING WEST 650 PRESSURE ZONE UTILITY CONSTRUCTION-- Page 5 of 5 DATE SUBMITTED: April 30, 2003 BILL.cgZ?-Off 7 AGENDA BILL 9~__~~ CITY OF BREMERTON CITY COUNCIL SUBJECT: SWC Partnership application Committee Meeting Date: NA for rezone from residential to general COUNCIL MEETING Date: May 14, 2003 business. Department: DCD Presenter: Robert Grumbach Phone: 473-5379 SUMMARY: Hearing Examiner recommendation on a site-specific rezone from Low-density residential (SF-3) to General Business (GB) of property located at 3915 Wheaton Way (200 feet west of the right of way). The recommendation includes five (5) conditions to be imposed for future site development. ATTACHMENTS: (1) Proposed Prcedure for Closed Record Hearing. (2) Hearing Examiner Recommendation. (3)StaffReport. (4)VicinityMap. (5)Possible Site Plan. (6)Comprehensive Plan Map. (7) Comment from property owner in area. (8) List of people attending the open record hearing. (9) Proposed ordinance for future Council action. FISCAL IMPACTS (Include Budgeted Amount): No impact expected. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: MAYOR: FISCAL/BUDGET: /~//~ OPERATIONS: COUNCIL PRESIDENT: RECOMMENDED MOTION: I move to approve and adopt the Hearing Examiner's findings and recommendation and to direct staffto prepare and submit the appropriate ordinance to the City Council for action. AGENDA STATUS: Consent [] New Business [] Old Business [] Ordinance [] COUNCIL ACTION: [] Approve [] Deny [] Postpone [] No Action Resolution [] Public Hearing [] ~ Information [] Study Session [] PROCEDURE FOR CLOSED RECORD HEARING ON HEARING EXAMINER'S RECOMMENDATION I. STAFF REPORT AND PRESENTATION 1. After 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. 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. R:\LEOAL~lepartments-General\City Council\City Council Procedure re hearing exam reeom,doc BEFORE THE HEARINGS EXAMINER FOR THE CITY OF BREMERTON In the Matter of the Application of ) FILE NO. PL03-0001 SWC Partnership for Approval of a ) Rezone. ) FINDINGS, CONCLUSIONS ) AND RECOMMENDATION ) RECOMMENDATION The requested rezone of the property at 3915 Wheaton Way should be approved. The zoning designation for the property should be Commercial Business (GB). SUMMARY OF REQUEST SWC Partnership (Applicant), through its spokesperson, William M. Palmer, requested approval of a rezone of the property at 3915 Wheaton Way, Bremerton, Washington. The request is for a rezone from the existing zoning designation of Single Family 3 (SF-3) to a new designation of Commercial Business (GB). OPEN RECORD HEARING An open record hearing on the requested rezone was held before the Hearings Examiner of the City of Bremerton on March 18, 2003 at 10:00 a.m., at the Bremerton City Hall. The hearing was held pursuant to notice being given as required by the City and State laws. Testimony: At the open record hearing the following individuals presented testimony and evidence under oath: 1. Robert J. Gmmbach, City of Bremerton 2. William M. Palmer, Consultant for Applicant 3. Jesse Norton 4. Mary Peterson Exhibits: At the hearing the following exhibits were submitted and admitted as part of the official record o f this proceeding: 1. Staff Report 2. Application for Zone Reclassification 3. Vicinity Map 4. Intensified Vicinity Map 5. Possible Site Plan Findings, Conclusions and Decision Rezone No. PL03-0001~'~ Page 6 6. Comprehensive Plan Map 7. Comments from Property Owner in Area (DeShano) 8. Environmental Checklist and SEPA Determination (DNS) 9. Notice documents for Posting, Publication and Mailing as submitted by the City Based upon the testimony and evidence submitted at the public hearing, the Hearings Examiner makes the following Findings of Fact and Conclusions of Law, which constitute the basis of the Recommendation of the Hearings Examiner: FINDINGS OF FACT 1. The Applicant requested approval of a zoning reclassification of the property at 3915 Wheaton Way, Bremerton, Washington (Property).i The request is to change the existing zoning designation from Residential Low Density (SF-3) to General Business (GB). Exhibit 1, Staff Report; Exhibit 2, Application; Grumbach Testimony. 2. The property is designated in the Bremerton Comprehensive Plan as General and Highway Commercial (C-G). There is no shoreline environmental designation because no shoreline fronts or is near the property. There are no critical area designations or critical areas on site. Exhibit 1, Staff Report. 3. Pursuant to the State Environmental Policy Act (Chapter 43.2 t C RCW) (SEPA) the City of Bremerton was designated as the lead agency for identification of environmental impacts resulting from the proposed project. The Applicant submitted an environmental checklist (Exhibit 8). Based on the checklist and other information, the City issued a Determination of Nonsignificance on March 3, 2003. Exhibit 8. No appeals of this determination were filed. Grumbach Testimony. 4. The property is an approximate 1.7-acre parcel that is generally flat with vegetation and trees. It is developed with a two-story single-family residence and garage which would be removed. Access (vehicular ingress and egress) is offWheaton Way, and with development pursuant to a GB zoning designation would remain as such. The site has public water and sanitary sewer services. Exhibit 1, Staff Report; Grumbach Testimony. 5. The surrounding properties have the following zoning designations and land use activities: North: GB - commercial offices and retail stores; South: GB - restaurant; East: GB - Wheaton Business Center and State Route 303; West: Low Density Residential, SF-3 - currently vacant. I. ~ The legal description of this property is: Lot 12, OLOF Linne's home tracts, as per plat recorded in volume 5 of Plats, Page 18, Records of Kitsap County, Washington, and the West 200 feet of the East 230 Feet of the North Half of the South Half of the Southeast Quarter of the Northeast Quarter of Section 2, Township 24 North, Range 1 East. W.M., in Kitsap County, Washington; except that portion lying north ora fence line per Superior Court cause No. 31479. (**DOUBLE CHECK LEGAL - TAKEN FROM SITE-SPECIFIC REZONE STAFF REPORT**) Findings, Conclusions &Recommendation Page 2 of O A portion of the property is currently zoned GB. The rezone would result in a rezone of approximately 1.6 acres of the site. Exhibit ]. StqffReport; Grumbach Testimony; Palmer Testimony. 6. The requested GB zoning would be consistent with the Comprehensive Plan designation of General and Highway Commercial. It would also allow the subject property to be developed in a manner consistent with the development of other properties in the area. Palmer Testimony; Exhibit 1, Staff Report. It would also comply with the requirements of the Bremerton Municipal Code (BMC) 21.02.090, which require zoning to be consistent with the City's Comprehensive Plan. 7. As noted, there are public facilities and services that can provide efficient service on site. The GB designation would allow development of a commercial business without a sprawling low-density development. Goal No. 1 of the Urban Growth Plan as set forth in the Comprehensive Plan is satisfied by the rezone. Goal No. 2, which is to reduce urban sprawl, is also satisfied by the rezone. 8. The rezone of the subject property would result in consistency with the Comprehensive Plan and with the uses of the adjoining properties. It would promote economic opportunity for citizens of the City and encourage growth in this portion of the City. Grumbach Testimony. 9. The rezone bf the subject property would not result in a decrease of current service levels for other established uses in the area or the City. Exhibit 1, Staff Report; Grumbach Testimony. 10. The subject property is located in the "Wheaton Way corridor", which has an area plan that includes an Element E that addresses streets. The proposal is consistent with the requirements of Element E because it provides pedestrian walkways connecting to other walkways in the area; provides safe and frequent pedestrian crossings of Wheaton Way; allows the property to be developed consistent with the Street Tree Program established by the City; creates a potential for curbs and driveways to be consistent with the existing street grid in the area and to discourage frontage roads and common access points. Grumbach Testimony; Exhibit ], Staff Report. 11. Warren Way and Wheaton Way (SR 303) are designated by the City of t~remerton in its Comprehensive Plan as a "principal arterial". The Level of Service (LOS) for this corridor is suggested by the City to be maintained at LOS F. Development of the site with conunercial uses would not impact the LOS F designation. 12. The subject property was the subject of previous land use actions, including a request for rezone. In 2000 a Comprehensive Plan review was made for the subject property. At that time the Applicant proposed a change of the Comprehensive Plan designation and a rezone to allow commercial development on Wheaton Way, as well as a mixed use on the back of the property. The rear of the property is closer to single-family residential Findings, Conclusions &Recommendation Page3of6 districts in the area. A significant number of responses were submitted to the City objecting to the rezone and the proposed Comprehensive Plan change, and especially from property owners of the single-family residential parcels located at the back of the property. The 2000 proposal was eventually tabled. Grumbach Testimony. 13. The proposed rezone classification differs from the 2000 request in that it involves only the front 200 feet of property on Wheaton Way. This 200 feet of property is a similar depth of commercial zoning that exists on the properties immediately north and south of the property. There is no change proposed to the zoning at the rear of the property. Grumbach Testimony. 14. The City submitted that the request is not "spot zoning". It is consistent with the Comprehensive Plan designation of the subject property and the zoning of the adjoining properties. The proposed zoning allows for more consistent development with the Comprehensive Plan. Palmer Testimony. 15. A property owner in the area objected to the rezone because of concerns that the other property in the area will eventually be rezoned and developed with commercial uses. Mary Peterson Testimony. 16. An owner of property adjacent to the rezone claimed that the public was not given adequate notice. Jesse Norton Testimony. The city responded that notice was given pursuant to the State statutes and local ordinances. Grumbach Testimony; Exhibit 9. 17. The requested rezone was circulated among City departments and local and state agencies. No state agency submitted comments. The Public Works Department of the City of Bremerton did not submit comments. The Fire Department recommended approval of the rezone. CONCLUSIONS OF LAW Based on the preceding Findings of Fact, the Hearings Examiner makes the following: Jurisdiction: Criteria: The criteria for rezones in the City of Bremerton are set forth in BMC 20.02.920. The criteria include: (1) Is the proposed rezone consistent with the Comprehensive Plan? (2) Is the rezone justified for one or more of the following reasons? · It is in the public interest to approve the rezone to accommodate need changes within the immediate vicinity or neighborhood. · It will correct a zone classification or boundary that was inappropriate when established. Findings, Conclusions &Recommendation Paxe 4 of 6 It is a planned step in a phasing process to gradually bring zoning into consistency with the 20-year Comprehensive Plan when appropriate. · It will place or remove an overlay zoning designation without affecting the underlying zoning designation. (3) Is there a public need for the proposed rezone that will clearly benefit the local neighborhood and/or the community of Bremerton? (4) Are all essential public facilities and services available and adequate, or can be made available to serve the type and levels of development permitted in the requested rezone. (5) Will the area being proposed for rezone become part ora larger zoning district or form a new district, which will not be considered an isolated "spot zone"? Conclusions of Law: 1. The proposed rezone is consistent with the Comprehensive Plan, and in particular: Goal No. 1, Urban Growth; Goal No. 2, Reduce Sprawl; Goal No. 5, Economic Development; and Goal No. 12, Public Facilities and Services. 2. The proposed rezone would be consistent with the Wheaton Way Corridor Specific Area Plan. The rezoned property would have development with walkways, services, adherence to street tree programs, no new curb cuts and sidewalks, and satisfaction of the transportation requirements. It also has potential design alternatives that are consistent with the Comprehensive Plan and surrounding properties. Findings of Fact Nos. 10 and 11. 3. The proposal is consistent with the transportation element for the Warren Avenue/Wheaton Way State Route 303 principal arterial designation. The proposal will not change the level of service on these arterials. Findings of Fact No. 10. 4. The proposed rezone is consistent with the Comprehensive Plan of the City of Bmmerton and development standards of the CB district can be accomplished. General Business zone is consistent with the General Commercial and Highway Commercial plan designation. Findings of Fact Nos. 1, 2, 5, 6 and 7. 5. The rezone is in the public interest. It will provide additional commercial activity on a major arterial and commercial corridor. It will provide for visible and easily accessible sites for businesses and services. It is consistent with the Comprehensive Plan Sections E(3) and C(1)(c). Findings of Fact No. 7. 6. The rezone of the subject property CB would be appropriate for the site as well as consistent with the Comprehensive Plan. 7. The rezone of the property will upgrade the zoning to be consistent with the 20-year Comprehensive Plan. Findings, Conclusions &Recommendation Page 5 of 6 8. Property zoned for commercial uses benefits the public because it increases the tax roles, provides for job growth and generates activity within the City. There is a public need for the proposed rezone. 9. All essential public facilities and services are available and adequate. 10. The rezone is not spot zoning. RECOMMENDATION Based on the preceding Findings of Fact and Conclusions, the testimony and evidence submitted at the public heating, and upon the site view by the Hearings Examiner, it is hereby recommended that the requested rezone of the property at 3915 Wheaton Way be approved, and that a portion of the property be rezoned from Residential Law Density (SF-3) designation to a General and Highway Commercial (CG) designation. The rezone should be for the property as described in the application in this matter. It is further recommended that upon future requests for specific development of the site the following conditions be imposed: 1. If regulated wetlands, streams and/or drainage courses are identified that might be potentially significantly adversely impacted, mitigation may be required in order to comply with the City of Bremerton's Critical Land Ordinance (BMC Chapter 21.22). 2. If any artifacts are uncovered, the Bremerton Department of Community Development or the State Historic Preservation Office in Olympia must be notified. 3. Any new development must have a traffic analysis indicating that Level of Service shall be at or better than a service standard of LOS F (v/c = 1.08). 4. In considering design alternatives, preferential treatment shall be given to designs that favor mass transit, car-pooling, bicycling, or walking over the single-occupant vehicle. 5. Development shall provide interconnecting pedestrian walkways, to the greatest extent possible, to encourage walking. Decided this ~/day of March, 2003. / JJames M. Driscoll ~/ Hearings Examiner Findings, Conclusions &Recommendation Page 6 of 6 CITY OF BREMERTON DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT, CONCLUSIONS AND FINDINGS Hearing Examiner Public Hearing March 18, 2003 Requested Action: Site-specific rezone from Residential Low Density (SF-3) to Commercial Business (GB). (See Appendix A for application.) GENERAL INFORMATION I. File Number: PL03-0001. 2. Applicant: SWC Partnership, P.O. Box 1010, Silverdale, WA 98363. Contact Person: William M. Palmer, W.M. Palmer Consultants, phone (253) 858-3644. 3. Location: 3915 Wheaton Way. Property is located approximately 150 feet north o£ Hanford Avenue on the west side of Wheaton Way. (See Appendix C for vicinity map.) 4. Assessor Account Number: 022401-074-2004. PROJECT SUMMARY 1. Current Zone Classification: Residential Low Density (SF-3). Portion of parcel along Broad Street is zoned General Business (GB). 2. Comprehensive Plan Designation: General and Highway Commercial (C-G). 3. Shoreline Environmental Designation: None. 4. Critical Areas Designations: None identified. STATE ENVIRONMENTAL POLICY ACT SEPA Threshold Determination: Determination of Nonsignificance issued March 3, 2003 (See Appendix G for environmental checklist) SITE PLAN DESCRIPTION 1. Legal Description: Lot 12, OLOF Linne's home tracts, as per plat recJrdcd in volume 5 of Plats, Page 18, Records of Kitsap County, Wasb_ing~on, and the West 200 feet of the East 230 Feet of the North Half of the South Half of the Southeast Quarter of the Northeast Quarter of Section 2, Township 24 North, Range 1 East. W.M., in Kitsap County, Washington; except that portion lying north of a fence line per Superior Court cause No. 31479. 2. Lot Size: Approximately 1.7 acres (area for rezone approximately 1.6 acres). 3. Surrounding_Land Uses: Direction Zoning Activity North General State Farm Insurance office, Lira's Oriental Business (GB) Store, Auto Repair Services South General Arby's Restaurant Business (GB) East General Wheaton Way (SR 303) and Wheaton Business Business (GB) Center West Low Density Currently vacant Residential (SF-3) 4. Topo~'aphy: The land is generally flat with vegetation and trees. 5. Development: A two story single-family residence with a garage is located on the property. 6. Access~ The ingress/egress are provided fi-om Wheaton Way. A portion of property already zoned GB may have access fi.om Broad Street. 7. Utilities: The site is served by public water and sanitary sewer services. COMPREHENSIVE PLAN 1. See Appendix B for Comprehensive Plan Designation Map. 2. PLAN/ZONING CONSISTENCY: Pursuant to BMC 21.02.090, Figure 090 (Primary Zone Consistency) the General Business zone classification is consistent with the Comprehensive Plan Designation for General & Highway Commercial. 3. AUTHORITY: BMC 21.02.920 (Rezone) requires a new zone to be consistent with the City's Comprehensive Plan. 2 4. PL~XrNING GOALS: The Comprehensive Plan goals help define the vision for Bremerton's future. The following Pla,~ning 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." · Goal # 2 Reduce Sprawl: "Reduce the inappropriate conversion of undeveloped land into sprawling, low-densi~ development." · Goal # 5 Economic Development: "Encourage economic development throughout the state that is consistent with adopted comprehensive plans, promote economic opportunity for all citizens of this state, especially for unemployed and .for disadvantaged persons, and encourage growth in areas experiencing insufficient economic growth, all within the capacities of the state's natural resources, public services, and public facillties. " · Goal # 12 Public Facilities and Services: "Ensure that those public facilities and services necessary to support development shall be adequate to serve the development at the time the development is available for occupancy and use without decreasing current service levels below locally established minimum standards." 5. LAND USE ELEMENT: The property is located in the Wheaton Way Corridor Specific Area Plan (Element E, 11, E-3 (page 55)). Policies for the Wheaton Way Corridor that are applicable to future development include the following. · "Development shallprovide interconnectingpedestrian walkways, to the greatest extent possible, to encourage walla'ng. " · "Theprovision of safe andfrequentpedestrian crossings ofWheaton ~Vay shall be a priority and shall not be precluded by the need to move large volumes of traffic." · "AstreettreeprogramshallbeestablishedbytheCityandappliedtoallnewand expanding development through their landscape plans." · "New curb cuts and driveways shall be discouraged. Frontage roads or common access points serving several adjacent properties are preferred." · "For transportation planning purposes, priority shall be given to Plan Amendments and Rezones that wouM increase residential density within one- fourth mile of the ~Vheaton Way Corridor." · "In considering design alternatives, preferential treatment shall be given to designs that favor mass transit, car-pooling, bicycling, or walking over the single- occupant vehicles." 6. TRANSPORTATION ELEMENT: Warren Avenue/Wheaton Way (SR 303) is designated a Principal Arterial in the Comprehensive Plan. Level of Service for this roadway is suggested to be maintained at a LOS F with a volume/capacity (v/c) ratio threshold of 1.08. "Level of Service F describes forced flow operation at very low speeds. Operations are characterized by stop-and_go traffic. Vehicles may progress at reasonable speeds for several hundred feet or more, then be required to stop in a cyclic fashion. Long delays of over 60 seconds per vehicle occur at signalized intersections." Volume/Capacity Ratio is greater than 1.0. ZONING The current zoning is Residential Low-density (SF-3). The rezone of this property to General Business is consistent with the majority of the zoning along the Wheaton Way Corridor. To the west in close proximity are parcels zoned Residential Medium-density (MF) and Professional Office (PO). OTHER INFORMATION FUTURE ACTIVITY: The applicant is proposing to rezone the subject property to bring the existing zoning in conformance with the City's Comprehensive Plan. If approval is granted, the applicant has indicated in their Environmental Checklist that a development to accommodate two retail type buildings, parking and landscaping is planned. Site plan review and individual building permit applications will be submitted at a future date. (See Appendix E. PREVIOUS LAND USE ACTIONS. In 2000, Loveless/Brook Inc submitted an application for a Comprehensive Plan Amendment and Official Zoning Map amendment (File Number PL00-0061) that included the subject property and the land adjacent 1,100 feet west. The Planning Commission denied the application on July 31, 2001 based on the following: · the Comprehensive Plan does not include specific policy direction that supports the expansion of general commercial uses; and · the commercial component posed to increase site-generated traffic on local access residential streets and create other operation impacts on the surrounding low-density residential neighborhood. STAFF ANALYSIS: I. Rezone for specific properties or small area are a Type IV City Council Decision. The Hearing Examiner has the authority to hold an open-record pre-decision public hearing and make recommendations to the City Council. The City Council makes the final decision on the application. 2. Notice pursuant to BMC Section 21.02.895 was provided as follows (See Appendix D to show the 300-foot radius of property owners). Date of Application: January 21, 2003 Notice of Completeness: February 6, 2003 Notice of Application: February 17, 2003 Notice of Public Hearing: March 3, 2003 3. The Planning Commission's denial of the Comprehensive Plan Amendment and Official Zoning Map amendment (File Number PL00-0061) is not applicable. The existing Comprehensive Plan Designation supports the proposed rezone to General Business. 4. The following is an analysis of BMC Section 21.02.920(d) Criteria for Approval, which states a rezone may be approved if all of the following can be answered "YES." (See Attachment H for applicant's response, which was submitted with the application.) (1) Is the proposed rezone consistent with the Compre/~ensive Plan? Staff Response: YES. BMC 21.02.090, Figure 90, states that the General Business Zone is consistent with the General & Highway Commercial Comprehensive Plan Designation. (2) /s the rezonejust~ed for one or more of the fo/lowing reasons? · It is in the public interest to approve the rezone to accommodate need changes wit]~in the immediate vicinity or neighbor/~ood. Staff Response: YES. The property is located along a major arterial and coramercial corridor. The Comprehensive Plan (E-3, C(1)(c) recommends that the Wheaton Way Corridor must continue to provide a primary function of providing visible and easily accessible sites for businesses and services. Whenever an application for a rezone is consistent with the recommendations in the Comprehensive Plan, it promotes the public interest. · It will correct a zone classification or boundary' that was inappropriate when established. ~3 Staff Response: YES. A portion of' the parcel is already zoned General Business. The existing SF-3 zoning on the remaining property is not consistent with the Comprehensive Plan Designation. Approval of the rezone would correct this inconsistency by establishing a zoning classification consistent with the Comprehensive Plan. · It is a planned step in a phasing process to gradually bring zoning into consistency with the 20-year Comprehensive Plan when appropriate. Staff Response: YES. RCW Section 36.70A.040 requires development regulations including zoning to be consistent with the Comprehensive Plan. The existing SF-3 zoning designation is not consistent with the Comprehensive Plan. Approval of the General Business zone classification would bring the zoning into consistency with the 20-year Comprehensive Plan. · It willplace or remove an overlay zoning designation without affecting the underlying zoning designation. Staff Response: Not applicable. (3) Is there a public need for the proposed rezone that will clearly benefit the local neighborhood and/or the community of Bremerton? Staff Response: YES. Property zoned for commercial uses benefits the public in that it creates opportunities for job growth and greater tax revenue generation for the City. Since the property's Comprehensive Plan Designation is for commercial activity, approval of the rezone will benefit the community of Bremerton. (4) Are all essential public facilities and services available and adequate, or can be made available to serve the type and levels of development permitted in the requested zone. Staff Response: YES. Public water, sanitary sewer, and storm sewer presently serve the site. (5) Will the area being proposed for rezoning become part of a larger zoning district or form a new district, which will not be considered an isolated "spot zone?" 6 107 Staff Response: YES. The proposed rezone of this property would connect to the General Business zoning dis~cts to the North, South and East. It is not classified as a "spot zone." 5. The impacts of commercial development on traffic flows in the area are speculative at this time since a commercial project is not proposed at this time. Specific traffic impacts should be addressed during site plan and building permit review. The traffic designation of a Level of Service F suggests that any increase in traffic caused by a new development at this site would not be inconsistent with the Comprehensive Plan. 6. A Determination of Nonsignificance was issued. No public comments were received by the Department of Community Development on the environmental determination. 7. COMMENTS (SEE APPENDIX E): City Department Comments Received Public Works None Fire OK Local and State Agencies Comments Received Department of Community, Trade None and Economic Development Puget Sound Water Quality Action None Team Suquamish Tribe None Department of Fish & Wildlife None Department of Transportation None Department of Natural Resources None Depm hnent of Transportation None Olympic Region Developer Services Department of Ecology None Kitsap Transit None Bremerton - Kitsap County Health None District Kitsap County Department of None _Community Development 6. PUBLIC COMMENTS RECEIVED (as of March 11, 2003): I Who Summary of Comments Ken Deshane Favors the rezone. Arbys 9985 Silverdale Way NW Silverdale, WA 98383 FINDINGS: Thc City of Bremerton Department of Con'u'nunity Development makes the following findings in support of the conclusion for thc rezone. 1. Pursuant to thc provisions of RCW Section 36.70B.040, thc proposed rezone is consistent with the Goals and Policies of the City of Bremerton Comprehensive Plan. 2. Pursuant to thc provisions of BMC Section 21.02.090, Figure 90, the proposed rezone to General Business (GB) Zone is consistent with the Comprehensive Plan Designation for General & Highway Commercial (C-G) areas. 3. Pursuant to the provision of BMC Section 21.02.920(d), the proposed rezone meets thc Criteria for Approval. 4. Pursuant to the provisions of WAC 197-11-355, the applicant prepared an Environmental Checklist for a project action and the Department of Community Development issued on March 3, 2003 a Determination of Nonsignificance (DNS) using the optional DNS process. No public comments were received. 5. Pursuant to the provisions of BMC Section 21.02.895(d) public notice for the hearing was published on March 3, 2003 in the City's official newspaper, posted on the property and distributed to owners of record of all parcels within a radius of three hundred (300) feet of the subject parcel. Written comments supporting the rezone were received. CONCLUSION If approved, the proposal would comply with the City of Bremerton Comprehensive Plan and applicable Bremerton Municipal Code development regulations subject to the following conditions. 1. If regulated wetlands, streams and/or drainage courses are identified that might be potentially significantly adversely impacted, mitigation may be required in order to comply with the City of Bremerton's Critical Land Ordinance (BMC Chapter 21.22). 2. If any artifacts are uncovered, the Bremerton Department of Community Development or the State Historic Preservation Office in Olympia must be notified. 3. Any new development must have a traffic analysis indicating that Level of Service shall be at or better than a service standard of LOS F (v/c = 1.08). 4. In considering design alternatives, preferential treatment shall be given to designs that favor mass transit, car-pooling, bicycling, or walking over the single-occupant vehicle. 5. Development shall provide interconnecting pedestrian walkways, to the greatest extent possible, to encourage walking. SIGNATURE OF STAFF PREPARING REPORT: Robert J. Grumbach City of Bremerton Department of Community Development Current Planner Ilo ~-,!05 /~ /007-01 ~'~ ~ ~ ,~ O0 -00 ~ EAST BROAD STREET 075 055 Potential Site Plan Rid~eil Road Resol~cn Nc. ~ APPEND~ B Comprehensive Plan Designation PI RE: NOTICE OF HEARING AND S~A DETERMINAT~N "' To Whom Il May Concern: Enclosed is the Notice of Public Hearing and Oelerminatio,"l of Nonsignificance (DN$) for the above-referenced applic&tiC,'l re§arding a $ite-$p=ciflc rezone of ~roperty =t 3915 LVheaton Way. You are invited to attend the pubric hearing and/or provide written and/or oral commen~s, A DNS was issued for this proposal utilized the optlonel DN$ process as provided by WAC 19;'-11-355 if yo~; have a'~y questions, please feel free to carl at (360) 475-5379, Si1'Icef'ely, Robe~ J. Grumbach Current Planner Enclosure; Notice of Puulic Hearing and Determination of Nonsignificance BREMERTON HEARING EXAMINER PUBLIC HEARING March 18, 2003 SIGN-IN SHEET ORDINANCE NO. AN ORDINANCE of thc City Council of the City of Bremcrton, Washington, relating to Land Use and Zoning, specifically the rezoning of approximately 1.6 acres of property located at 3915 Wheaton Way from Single Family 3 (SF-3) to General Business (GB). (PL03-0001). WHEREAS, an application to rezone approximately 1.6 acres from the current zoning of Single Family 3 (SF-3) to General Business (GB) was filed on January 21, 2003 SWC Partnership; and WHEREAS, the City's SEPA responsible official issued a Determination of Nonsignificance (DNS) for the proposed rezone on March 3, 2003 and WHEREAS, a public hearing on the S.~.WC ~a~nership Rezone was held before the Administrative Heating Examiner on March 18, 2003~;'~nd WHEREAS, on March 28, Heating Examiner issued findings that the SWC Partnership Rezone is Plan, that the proposed rezone and subseq~ r would be compatible with the development in the vicinity, that the will not impact the level of service designation for th, property, that the rezone will not result in a decrease of curren uses in the area or the City, that the proposed rezone d~ffers fro~.the ~lication in that it involves the first 200 feet of depth from Wheaton Way and n~i:the r~b.r of the property, and that the proposed rezone is in the public interest; and WHEREAS, the findings are consistent with the standards for rezone set forth in Section 21.02.920 of the Bremerton City Code; and WHEREAS, the Bremerton Hearing Examiner recommended approval of the SWC Partnership Rezone on March 28, 2003, as submitted by the applicant; and WHEREAS, on May 14, 2003, the City Council moved to accept the findings of the Hearing Examiner and the Hearing Examiner's recommendation for approval of the SWC Partnership Rezone from Single Family 3 (SF-3) to General Business (GB); NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHiNGTON, DOES HEREBY ORDAiN AS FOLLOWS: 1 Rezone - SWC Partnership SECTION 1. The property located at 3915 Wheaton Way, Bremerton, Washington consisting of approximately 1.6 acres depicted in Exhibit "A" and legally described as set forth in Exhibit "B", both attached hereto and incorporated herein by this reference, is rezoned from Single Family 3 (SF-3) to General Business (GB) and the City of Bremerton zoning map is hereby amended to reflect the same. SECTION 2. Pursuant to the Administrative Hearing Examiner's recommendation, any future development proposed for the site shall be reviewed under the following conditions: (a) If regulated wetlands, streams and/or drainage courses are identified that might be potentially significantly adversely impacted, mitigation may be required in order to comply with the City of Bremerton's Critical Land Ordinance (BMC Chapter 21.22); (b) If any artifacts are uncovered, the Bremerton Department of Community Development or the State Historic Preservation Office in Ol~pia must be notified; (c) Any new development must have a traffic ~iysis indicating that the Level of Service shall be at or better than a service standard of L~i:~(v/c = 1.08); (d) In considering design altematives, pr~f6rential"~tment shall be given to designs that favor mass transit, car-pooling, bicycling, or ~¢~ over i~'e single-occupant vehicle; and (e) Development shall provide interconnecting pedestrian walkways, to the greatest extent possible, to encourage walking. -. ~' · .~: ~ ~ ~: . . SECTION3. Severab~itv..~!fany~ne or more sectmns, sub-sectmns, or sentences of this ordinance are held ~to B~m~lst~tutional or invalid, such decision shall not affect the validity of the remai ~gthis ordinance and the same shall remain in full force and effect. .:. : SECTION 3. Effeci~:bk Date. This ordinance shall take effect and be in force ten (10) days from 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 2 Rezone - SWC Partnership 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\Community Development\Rezone-SWC Partnership.doc 3 Rezone - S WC Partnership £xh~b±t A LEGAL DESCRIPTION Lot 12, OLOF Linne's home tracts, as per plat recorded in volume 5 of Plats, Page 18, Records of Kitsap County, and the West 200 feet of the East 230 feet of the North Half of the South Half of the Southeast Quarter of the Northeast Quarter of Section 2, Township 24 North, Range 1 East, W.M., in Kitsap County, Washington; except that portion lying north of a fence line per Superior Court Cause No. 31479 Exhibit B Rezone - SWC Partnership