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HomeMy WebLinkAbout07/07/04 AGENDA FILE 239 4th Street · Bremerton, WA 98337 · Phone (360) 478-5280 · Fax (360) 478-5251 ***AMENDED*** JULY 7, 2004 CITY COUNCIL MEETING AGENDA 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. Claims & Check Register (~AB04-125) ~ry~,,~_~ lc; th= F!r.=r._--=_ ~ ~ ~¢'. Parking Management Agreement with DIAMOND PARKING SERVICES LLC for the Bremerton Harborside Parking Garage (ffA, B04-127) 4. NEW BUSINESS A. Agreement with PORT BLAKELY COMMUNITIES, INC. regarding the Pre-Purchase Scope of Work for Eastpark Acquisition (~B04-129) ~,~ ~ FY-'03 and FY-'04 HUD-granted Program Funds for "American Dream Downpayment Initiative (ADDI) Use & Outreach Plan' (fi-AB04-130) 5. PUBEC HEARINGS - ORDINANCES & RESOLUTIONR J~ ~. Public Headng for 2005 Draft CDBG/HOME Policy Plan and Application for Funding (~,B04-131) C El'. Ordinance [First Reading] amending BMC Sections 21.02.230 and 17.04.060(e) relating to Development and Permit Requirements for Fences 0f-AB04-132) J) ,¢. Resolution No. 2931, regarding approval and ratification of KITSAP CONFERENCE CENTER at BREMERTON HARBORSIDE Change Orders (fi-AB04-133) J~ ~. Resolution No. 2932, Setting a Headng Date of August 4, 2004 for Vacating a Subterranean Portion of Second Street (~,B04-134) 6. MAYOR'S REPORT 7. PUBLIC RECOGNITION - Comments limited to 3-minutes 8. COUNCIL MEMBER REPORTS 9. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETINR CITY COUNCIL MEETING SPEAKERS LIST PLEASE NOTE THAT ALL REQUESTS FOR INFORMATION FROM THE CITY OF BREMERTON MUST BE SUBMITTED IN WRITING. THANK YOU. PLEASE PRINT YOUR NAME BELOW IF YOU PLAN TO SPEAK DURING THE COUNCIL MEETING TONIGHT ,. po. ~ AGENDA B!LL CHY C'OL~%qL ~ SUBJEC-F~ ~pp~t,l al af Cq;dn-,- ~*od C'he,/!:~ Committe,~ Meeting Da~e: Depamnent: Financial Service~ Presenter: Cathy Johnson Phone: 473-5296 SUMMARY: Consent agenda item. Approval of payroll, checks and electronic fired translbrs. ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount):. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: OPERATIONS: CONSENT AGENDA COUNCIL PRESIDENT: RECOMMENDED MOTION: Move to Approve: l) Check #'s~,~?/~""'- through~D?/~>()_and EFT's //~¢0.~ throngh~:~4~- ?ffa25?6 L'%'2'~,~9 ~t/5'-~ · ~zz'~'T-- ~? ~~'in the amount orS 2) Regular Payroll flor the pay ~efidd ending, in the amotmt of $ 3) Retiree Payroll for the pay period ending in the amount orS COUNCIL ACTION: [] Approve [] Den3 [] Table [] Continue [] No Action DATE SUBMITTED: June 21, 2004 BILL AGENDA BILL C TY or B M RTON d SUBJECT: Setting ~e S~ level for ~e Commi~ee Meet~g Date: J~e 30, 2004 Finance Officer Position COUNCIL M~ET~G Date: July 7, 2004 Dep~ent: Fin~ce Presemer: Michael R. Wilson Phone: 473-5590 SUM~RY: Cathy Jonson h~ been appointed to ~e position of Fin~ce Officer wi~ ~e ~p~ment of Fin~ci~ Se~ices effective July 1, 2004. Ca~y's c~ent sal~ ~ Depmy Ci~ Tm~urer is B~d 14, Rate 8 ($5,973/momh). Since Cathy has more th~ 25 years of experience in worhng for ~e Ci~ of Breme~on ~d will ~sme ~e added res~nsibilities of ~e Fin~ce Officer position, it is mco~eMed that her s~ be adjumed to B~d 16, ~te 7 ($6,433/month). ATTACHMENTS: Letter of Appointment FISCAL IMPACTS (hclude Budgeted Amour): The fisc~ im~ct ~11 be ~ additio~ $2,760 in perso~el cost to ~e Fin~ce division budget. At this time, no additional appropriation is ~ticipated. DEPART~NT DI~CTOR: o°NSENT AGEND OPE~TIONS: CO~CILP~SIDENT: - ~ ~ - 0 ' ~COMMENDED MOTION: I move to approve se~ing ~e s~ for Ca~y Jonson ~ ~e Finance Officer at B~d 16, Rate 7 effective July l, 2004. COLrNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action Department of Financial Services 239 Fourth Street, Brernerton, WA 98337 Telephone: 360~478-5290 Fax: 360-476-5200 mwilson@ci, brernerton, wa. us Michael R. Wilson, Director of Financial Services June 18, 2004 Catherine Johnson 545 NW Fairwood Way Bremerton, WA 98311 Re: Letter of Promotion Dear Cathy: It is with great pleasure to confirm your appointment and promotion to the position of Finance Officer for the Departtnent of Financial Services, City of Bremerton. The effective date of this promotion will be July 1, 2004, to relatively coincide with the recently-approved reorganization of the Department of Financial Services. Your salary will be adjusted to such level as approved by the City Cotmcil (minimum 5%) to be effective on the date of your promotion. Finance Operations wilt be a division within the Department of Financial Services and you will continue to be supervised by the Director of Financial Services. Although you have been performing many of the Finance Officer duties in your position as Deputy City Treasurer over the past two years, the changes in your responsibilities and title will certainly improve our organization. I know you will find the enhanced and refined focus of your responsibilities to be professionally rewarding and challenging. Your dedication, expertise, positive attitude and willingness to take on a tremendous work load has been most appreciated. I clearly could not have found a better candidate to be the new Finance Officer. You certainly deserved this promotion! Congratulations on your appointment to this very important management position for the City of Bremerton. 4~.erely' Michael R. Wilson cc: Carol S. Conley, Human Resources Director Personnel File DATE SUBMITTED: BILL AGENDA BILL CITY COUNCIL SUBJECT: Bremerton Harborside Parking Committee Meeting Date: June ~ 2004 Management Agreement. COUNCIL MEET1NG Date: ~ '7-"'7~'t~ Department: Ecoffomic Dev. Presenter: Gary Sexton Phone: 473.5282 SUMMARY: The Bremerton Harborside Parking Management hires Diamond Parking as manager for the Bremerton Harborside Parking Garage for a three year period. The agreement includes a base rate of $4558 monthly, a 2% incentive for revenues over $40,000 annually, and labor rate for additional services. It also establishes times for lot checks and maintenance. ATTACHMENTS: Bremerton Parking Management Agreement FISCAL IMPACTS (Include Budgeted Amount): Estimated cost of Parking Management APPROVALS: ~ervices would be approximately $56,000 DEPARTMENT DIRECTOR: ~Z~~~ FiNANCE DIRECTOR: OPERATIONS: .} / :~ CONSENT AGENDA RECOMMENDED MOTION: to approve the Bremerton Harborside Parking Management Agreement with Diamond Parking for the management of the Bremerton Harborside Parking Garage, and authorize the Mayor to execute the agreement and other documents necessary to carry out these agreements in substantially the same form as presented. COUNCIL ACTION: [~Approve [] Deny [] Table [] Continue [] No Action Bremerton Harborside Parking Management Agreement Parking No. D586 Date: 06/ /04 RE: BREMERTON HARBORS[DE PARKING 100 WASHINGTON AVENUE 1. The effective date of this agreement is July 25, 2004, and will continue for a period of three (3) years expiring July 24, 2007. 2. This agreement constitutes the Management Agreement between the City of Bremerton ("City") and Diamond Parking Services LLC ("Diamond Parking"). Diamond Parking will operate the parking facility at Bremerton Harborside Levels P2 and P3 and any pay parking on Level P 1, 24 hours a day, 7 days a week, as an independent contractor under the terms and conditions set forth below. A diagram of the floor plans is attached hereto as attachment A. 3. COMPENSATION: a. Base Rate: The City shall pay Diamond Parking a base management rate of Four Thousand Five Hundred Fifty Eight Dollars ($4558.00) per month which fee shall compensate Diamond Parking for all costs including, but not limited to, wages, supervision, management, insurance, payroll taxes, benefits, equipment costs, supplies, uniforms, daily and weekly routine maintenance, and cleaning and sweeping (excluding monthly street sweeper cost) associated with the performance and within the scope of services of this agreement. b. Incentive Fee: The City shall pay Diamond Parking an incentive fee equal to 2% of gross revenues over $40,000 monthly (e.g. $50,000 gross revenue, Diamond Parking will receive a bonus of $200.00) "Gross Revenue" includes, and is limited to, all revenues (cash and credit card) excluding tax, received for parking levels P2 & P3 and metered parking on Pl. Excluded from Gross revenue are parking time allowances (pursuant to separate agreements) for the Hampton Inn and Suites, the restaurant, and Kitsap Transit reserved parking. c. Additional Services: i. Diamond Parking at the request of the City, not less than 72 hours in advance, shall provide additional parking checkers and attendants at the agreed rate of $15.50 per hour including but not limited to, labor, benefits, uniforms, supervision, insurance, accounting, profit, overhead, and any other cost associated with the performance and within the scope of services of this agreement. ii. Diamond Parking at the request of the City not less than two weeks in advance, shall provide event valet parking at the rate of $20.00 per actual employee time card hour, including but not limited to labor, benefits, Bremerton Harborside/Diamond Page 1 of 6 uniform, supervision, insurance, accounting, profit, overhead, and any other cost associated with the performance and within the scope of services of this agreement.. A Diamond Parking manager or supervisor will be on site for all valet services provided. 4. LOT CHECKS: a. Week Days: Diamond Parking shall check the site and collect revenues not less than four times daily, with morning checks between 7 am - 9 am; lunch time checks between 11 am - 1 pm; afternoon checks between 2 pm 4 pm and evening checks between 6 pm - 9 pm. b. Weekends: Diamond Parking shall check the site and collect revenues not less than twice daily, at lunchtime between 11 am - 1 pm and evening between 5 pm - 8 pm. c. Random Checks: Diamond Parking shall provide the City with a monthly schedule setting forth random checks at times other than the above agreed and scheduled times. The random check times will substitute for equal number of scheduled check times. The City may, at is sole option, modify or reject any random check schedules. d. Special Events: Diamond Parking shall meet with a representative of Columbia Hospitality on a monthly basis to review and provide supplemental parking services for functions and events scheduled for the Bremerton Harborside, Kitsap Conference Center and the boardwalk. 5. COLLECTED REVENUE: All revenue collected by Diamond Parking pursuant to this agreement belongs to and are assets of the City and Diamond Parking may not deduct or withhold any amounts from such funds. All collected revenue shall be remitted to the City each business day or as otherwise directed by the Department of Financial Services. Diamond Parking shall follow and comply with the requirements of the Department of Financial Services for revenue collection, deposits and reporting procedures for the revenue collected under this agreement. 6. PARKING REVENUE EQUIPMENT: Diamond Parking, at its own expense, shall install VENTEK pay boxes with envelope option for check and scrip payments at two locations each on parking levels P2 and P3 (south elevator and east exits), or other equipment that may be agreed between the parties. Diamond Parking will provide standard pay boxes on level P1 for such parking spaces as may be requested by the City of Bremerton, said equipment shall remain in the ownership of Diamond Parking. 7. NON CHARGED PERMITS: At the City's sole option, the City shall receive up to 35 non charge quarterly permits with Diamond Parking providing individual parking permit numbers. 8. MAINTENANCE: Diamond Parking shall be responsible for maintaining the parking area in a professionally neat and clean condition and appearance. Diamond Parking will daily pick up any litter within the parking structure. As reasonably necessary, Diamond Parking will sweep or mop individual and/or isolated spills, and check fire extinguishers. Diamond Parking shall report defective lights and otherwise clean and perform minor maintenance as Bremerton Harborside/Diamond Page 2 of 6 reasonably necessary. The City shall remain responsible for any and all costs of Capital or Property Improvements, and maintenance and repairs beyond minor maintenance. 9. RELATIONSHIP OF PARTIES: Diamond Parking represents that it is skilled in providing parking management services and is performing independent functions and responsibilities. Diamond Parking and it's personnel are independent contractors and not employees of the City. Diamond and its personnel have no authority to bind the City or to control the City's employees and other contractors. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub- contractors of Diamond Parking. Diamond will be solely and entirely responsible for its acts and for the acts of Diamond's agents, employees, representatives and sub-contractors during the performance of this Agreement. As an independent contractor, Diamond Parking is responsible for its own management. The City's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Diamond Parking or its personnel. As an independent contractor, Diamond Parking is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, Business & Occupation, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Diamond Parking. 10. iNDEMNIFICATION: Diamond Parking shall defend, indemnify and hold the City, 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 negligent or otherwise deficient performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnifications. 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 Diamond Parking and the City, its officers, officials, employees, agents and volunteers, Diamond Parking's liability hereunder shall be only to the extend of Diamond Parking's negligence. IT IS FURTHER SPECIEICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HERE IN CONSTITUTES THE CONTRACTOR'S WA1VER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSE OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. Bremerton Harborside/Diamond Page 3 of 6 11. INSURANCE: Diamond Parking shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Diamond Parking, its agents, representatives, employees, and/or sub-contractors. Before beginning work on the project described in this Agreement, Diamond Parking shall provide a Certificate of Insurance evidencing: a. Automobile Liability: Insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and b. Commercial General Liability: Insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence 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; and employer's liability; and Any payment of deductible or self insured retention shall be the sole responsibility of the Diamond. All required policies shall be provided on an "occurrence" basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Diamond Parking and a copy of an endorsement that is acceptable to the City, which names the City as an additional insured shall be attached to the Certificate of Insurance. Diamond Parking's insurance shall be primary insurance as respects the City and the City shall be given thirty (30) days prior written notice by certified mail, return receipt requested, of any cancellation, suspension or material change in coverage. The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in form of a duplicate of the insurance policy with all endorsements as evidence of coverage. 12. INSPECTION: Diamond Parking shall keep all records related to this contract to include but not limited to; the records listed above for at least six (6) years following expiration or termination of this agreement, or deliver the records to the City. Diamond shall keep all records in its regular business and shall keep the records in an orderly manner as may be directed by the City to assure easy access and reference to the records and shall make all records available for inspection and copying by the City during business hours. 13. RECORD KEEPING AND REPORTS: All revenue collections, deposits and reporting procedures shall be in accordance with City Finance Department requirements. Upon the commencement date of this contract, any additional banking requirements directed by the City that result in additional service fees will be paid by the City. Bremerton Harborside/Diamond Page 4 of 6 7 14. PERSONNEL: Diamond Parking shall be responsible for all aspects of recruitment and selection of parking enforcement personnel. a. As a condition of employment, all employees including Diamond's managers and supervisors are subject to pre-employment drug and alcohol abuse screening. Random drug and alcohol screening shall also be required throughout the term of this contract. b. Diamond shall provide all enforcement personnel with professional appearing uniforms consisting of shirts, trousers and jackets. Uniform design must be approved by the City. All personnel are to be in complete uniforms at any time they are engaged in duties. 15. SEVERABILITY: Should anypart of this Agreement be foandvoid, thebalance ofthe Agreement shall remain in full force and effect. 16. MODIFICATION: This Agreement may only be modified by written instrument signed by both Parties. 17. WRITTEN NOTICES: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. Copy To: City Address Diamond Parking Diamond Parking City Clerk Jon Diamond 239 4th Street 3161 Elliot Avenue PO Box 809 Bremerton, WA 98337 Seattle, WA 98212 Bremerton, WA 98337 18. WAIVER: Failure to enfome any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. 19. NON-WAIVER OF BREACH: The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exemise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. 20. COMPLIANCE WITH LAWS: Diamond Parking shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. 21. CHOICE OF LAW AND VENUE: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. 22. ATTORNEY'S FEES: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. Bremerton Harborside/Diamond Page 5 of 6 23. ASSIGNMENT: Diamond Parking shall not assign any interest in this agreement without the prior written consent by the City, which shall not be unreasonably withheld. Any assignment of this agreement by the Contractor without the whtten consent of the City shall be void; provided however, that the claims for payment under this agreement may be assigned. 24. NONDISCRIMINATION: Contractor shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, or disability, except for employment actions based on bona fide occupational qualifications. 25. TERMINATION: This Agreement may be terminated, at will, by either party upon sixty (60) days notice. This Agreement may be immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the terminating Party, and the non performing Party does not commence correction of the failure of performance within five (5) days of the terminating Party's sending notice to the non-performing Party. Rights Upon Termination: In the event of termination, the City shall pay for all services satisfactorily performed by Diamond Parking to the effective date of termination, as described on a final invoice submitted to the City. After termination, the City may take possession of all records and data within Diamond Parking's possession pertaining to this contract which may be used by the City without restriction. 26. DUPLICATE ORIGINALS: This Agreement may be executed in duplicate original. CITY OF BREMERTON DIAMOND PARKING By: By: its: its: Date: Date: Approved as to form: Attest: Bremerton City Attorney City Clerk R:\LEGAL~Files\Curr~nt Active Files\Conference C~nter~Diamond Parking Management Agreement.doc Bremerton Harborside/Diamond Page 6 of 6 ATTACHMENT A DATE SUBMITTED: June 21, 2004 BILL AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Architectural Services for the Committee Meeting Date: June 30, 2004 Downtown Bremerton/Martin Lnther King COUNClL MEETING Date: July 7, 2004 Jr. Library Department: Finance Presenter: Michael R. Wilson Phone: 473-5590 SUMMARY: A committee comprised of three city staff and two Bremerton Regional Library staff interviewed candidates to perform architectural services for the Downtown Bremerton/Martin Luther King Jr. library renovation project. Miles Yanich & Company was selected by the committee to perform architectural services and prepare "record drawings" for the library since such as-built drawings are not available. A contract with Mr. Yanich's company in the amount not to exceed $38,000 for library architectural services and up to $ t4,986 for the preparation of "record drawings" for the library has been prepared for approval by the City Council. ATTACHMENTS: AIA Contract between the City of Bremerton and Miles Yanich & Company FISCAL IMPACTS (Include Budgeted Amount): The library capital project budget of $419,000 has funds set aside in the amount of $52,98]5 for architectural services. / APPROVALS: DEPARTMENT DIRECTOR: (_...~( _C~ ,.-< _ ,/~----- CITY ATTORNEY: MAYOR: i/ ~'"" -~ FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: - RECOMMENDED MOTION: I move to approve Yhe attached agreement with Miles Yanich & Company to perform architectural services for the Dowmown Bremerton/Martin Luther King Jr. library renovation project in an amount not to exceed ~ff'.5",& 9 ~6, o O0 ivte[vrJtTv~.ct preparation of li?ary record draw~.ng.s"v~o-{-,ffo COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action 13 PROFESSIONAL SERVICES AGREEMENT Mar~in Luther King Library - Bremerton The City of Bmmerton ("City") and Miles Yanick & Co. ("Consultant") referred to collectively as the "Parties," enter into the following Agreement for professional services: I. Scope: The Consultant agrees to perform the services more specifically described in the Scope of Work, dated June 23, 2004, including any attachments thereto, attached hereto as Exhibit A, which is incorporated by reference herein. The Scope of Work may be modified only pursuant to Section VII.H. of this Agreement. If the Scope of Work provides for unspecified additional services such services shall only be performed upon the express written request of the City. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services am performed. II. Term: The City and the Consultant agree that work will begin on the tasks described in Exhibit A immediately upon execution of this Agreement. III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant in an amount not to exceed fifty two thousand nine hundred eighty-six dollars ($52,986) of which the Record Drawing Preparation, as outlined in Exhibit D, shall not exceed fourteen thousand nine hundred eighty-six dollars ($14,986). Consultant's charges and bills shall conform to the fee schedule attached hereto as Exhibit B and incorporated herein by this reference. The Consultant shall submit regular billing statements detailing work performed and amount charged on each task or portion thereof. The descriptions shall conform to and fall within the categories set out in the Scope of Work and/or Fee Schedule. Upon receipt of a conforming billing statement, the City shall promptly process payment. PROVIDED, HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay work tasks under the time frame set forth in Section II herein. The Consultant's labor rates and billing fees shall be as delineated in Exhibit B. Consultant shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. Consultant shall only be compensated for additional services if requested pursuant to Section I and, if not otherwise provided, such compensation shall be in accordance with Exhibit B. If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve Consultant of its obligations under this Agreement. Payments by the City to Consultant shall be in accordance with Exhibit C. Bremerton/Miles Yanick & Co. Martin Luther King Library Page l of 7 IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. Consultant and its personnel are independent Consultants and not employees of the City. Consultant and its personnel have no authority to bind the City or to control the City's employees and other Consultants. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub-Consultants of the Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents, employees, representatives and sub-Consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent Consultants to perform the same or similar work. As an independent Consultant, Consultant is responsible for its own management. The City's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Consultant or its personnel. As an independent Consultant, Consultant is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, Business & Occupation, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Consultant. V. Indemnification: Consultant shall defend, indemnify and hold the City, 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, except for that portion of the injuries and damages caused by the City's sole negligence. The City's review or acceptance of any of the 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 Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE iNDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. Bremerton/Miles Yanick & Co. Martin Luther King Library Page 2 of 7 VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, sub-consultants or sub-Consultants. Before beginning work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing: 1. Automobile Liability insurance with limits no less than $1,000,000 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 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) if applicable; and employer's liability; and 3. Excess Liability insurance with limits not less than 1,000,000 limit per occurrence and aggregate. 4. Professional Liability insurance with limits no less than $1,000,000 limit per occurrence/claim. Any payment of deductible or self insured retention shall be the sole responsibility of the Consultant. All required policies shall be provided on an "occurrence" basis except professional liability insurance (if required), which may be provided on a "claims-made" basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an endorsement that is acceptable to the City, which names the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies and endorsements. The City further reserves the right to reject any unacceptable policies and/or endorsements. The Consultant's Commercial General Liability 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 Consultant's insurance shall be primary insurance as respects the City and the City shall be given thirty (30) days prior written notice by certified mail, return receipt requested, of any cancellation, suspension or material change in coverage. The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. Bremerton/Miles Yanick & Co. Martin Luther King LibraD' Page 3 of 7 VII. General Conditions: A. Reports and Information: When requested by the City, Consultant shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. Consultant shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. B. Ownership and Use of Records and Documents: Original documents, drawings, designs and reports, including those in electronic format, developed under this Agreement are the property of the City. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. All data, documents and files created by Consultant under this Agreement may be stored at Consultant's office in Bainbridge Island, Washington. Consultant shall make such data, docunaents, and files available to the City upon its request at all reasonable times for the purpose of editing, modifying and updating as necessary until such time as the City is capable of storing such information in the City's offices. Duplicate copies of this information shall be provided to the City upon its request, and at reasonable cost. All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service with respect to the project and are the property of the City. Any reuse by the City for other than the specific purpose intended will be at City's sole risk. C. Consultant to Maintain Records to Support Independent Consultant Status: On the effective date of this Agreement (or shortly thereafter), Consultant shall: 1. File a schedule of expenses with the Internal Revenue Service for the type of business Consultant conducts; 2. Establish an account with the Washington State Department of Revenue and other necessary state agencies for the payment of all state taxes normally paid by employers, register to receive a unified business identifier number from the State of Washington; and 3. Maintain a separate set of books and records that reflect all items of income and expenses of Consultant's business, all as described in the Revised Code of Washington (RCW) Section 51.08.195, as required to show that the services performed by Consultant under this Agreement shall not give rise to an employer- employee relationship between the parties which is subject to RCW Title 51, Industrial Insurance. Bremerton/Miles Yanick & Co. Martin Luther King Library Page 4 of 7 17 D. Work Performed at Consultant's Risk: Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub-consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant 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. E. Place of Work: The Consultant shall perform the work authorized under this Agreement at its offices in Bainbridge Island, Washington. Meetings with the City staff as described in Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed upon by the parties. F. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. G. Severabilit¥: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. H. Modification: This Agreement may only be modified by written instrument signed by both Parties. I. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. City Address Consultant Address City Clerk Miles Yanick 239 Fourth Street 600 Winslow Way E, #247 Bremerton, WA 98337 Bainbridge Island, WA 98110 J. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. K. Non-Waiver of Breach: The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. L. Compliance with Laws: Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. Bremerton/Miles Yanick & Co. Martin Luther King Library Page 5 of 7 18 M. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. N. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. O. Assignment: Any assignment of this agreement by the Contractor without the written consent of the City shall be void. VIII. Nondiscrimination: Consultant shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, or disability, except for employment actions based on bona fide occupational qualification. IX. Termination: This Agreement may be terminated, at will, by either Party upon sixty (60) days notice to the other Party. This Agreement may be immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the terminating Party, and the non-performing Party does not commence correction of the failure of performance within thirty (30) days of the terminating Party's sending notice to the non-performing Party. Notice by Consultant shall include a report showing the status of all items listed in the Scope of Work current through the termination date. If the City receives reimbursement by any federal, state, or other source for work described in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is cancelled or substantially reduced after the execution date of this Agreement and prior to the completion of the work, the City may summarily terminate this Agreement. Termination shall be effective ten calendar days after Consultant's receipt of the written notice by certified mail. A. Excusable Delays: The right of Consultant to proceed shall not be terminated nor shall Consultant be charged with liquidated damages for any delays in the completion of the work due to: 1) any acts of the federal government in controlling, restricting, or requisitioning materials, equipment, tools, or labor by reason of war, national defense, or other national emergency; 2) any acts of the City, its consultants, or other public agencies causing such delay; and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER, that the Consultant must promptly notify the City within ten (10) calendar days in writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly excusable, the City shall, in writing, extend the time for completing the work for a period of time commensurate with the period of excusable delay. B. Rights Upon Termination: In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termination, as described on a final invoice submitted to the City. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City Bremerton/Miles Yanick & Co. Martin Luther King Library Page 6 of 7 without restriction. Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant. CITY OF BREMERTON CONSULTANT By: CARY BOZEMAN By: MILES YANICK its: Mayor its: Date: Date: Approved as to form: Attest: Bremerton City Attorney City Clerk R:\LEGAL\Contracts~FORMS~Professional Services Agreement Form (2003).doc Bremerton/Miles Yanick & Co. Martin Luther King Library Page 7 of 7 20 EXHIBIT A SCOPE OF WORK 6/23/04 Page 1 Downtown Bremerton/Martin Luther King Jr. Library Proiect June 11, 2004 Vision The Bremerton Downtown/Martin Luther King Jr. Library shall be a multi-use, diverse resource facility serving as a community focal point. Objectives 1) Serve as community memory piece tying the past to the future - therae is the old meets new (Library, Admiral Theatre and post office versus the new Government Center, Conference and other new downtown facilities) 2) Self-service facility offering diverse programs and services 3) Improve public use through interior and exterior improvements, m~i~e the facility more colorful/artistic, more welcoming -"ja~ up the place to bring the public back" 4) Enhance the art-deco style and community character of the building 5) Make it a key walkable-destination facility for the public that will not be dependent upon parking 6) Focus on use by downtown residents & employees who work in the downtown core 7) Provide more new and diverse materials/resources in a more attractive and fun environment to attract patrons Priorities (project phasing) 1) Roof repairs 2) Replace windows with an deco style 3) Exterior improvements w/focus on front of the building, fr,~nt entrance/doors, building color, landscaping, & signage. Convert bathroom:~ ruder entrance stairs to maintenance/equipment storage. Prepare outside courtyard area for placement of tables and benches (book reading, lunch) 4) Interior of building priorities: · upgrade lighting with art deco style rotunda and skylight/dome · ceiling tile replacement · new restroom · HVAC system · carpeting · trim/woodwork · imerior window treatment DOWNTOWN BREMERTON/MARTIN LUTHER KING JR. LIBRARY Ex A-2 2004 CAPITAL RENOVATION PROJECT BUDGET t0-Jun-04 PROJECT EXPENSE Exterior Rerooflng and weatherization $7,000 Exterior restoration, painting and coating 15,500 Entry lighting, fiber optics infrastructure 7,000 Replace exterior doors 6,000 Replace art deco style windows 60,000 Landscaping, signage, irrigation 5,000 Interior Replace acoustical ceiling tiles 10,000 Painting, including decorative work 22,500 Replace flooring at main floor 38,000 Plumbing upgrades 20,000 Casework, trim and millwork replacement 10,000 New handicap accessible restroom 18,500 Replace lighting at main floor 25,000 Technology infrastructure upgrades 10,000 Electrical upgrades 12,500 HVAC ststem upgrades for air delivery 12~500 Sub-total 279,500 General Contractor Overhead & Profit 13.50% 37,733 Subtotal - Construction Expense 317,233 Washington State Sales Tax 8.60% 27,282 Consultant Services: Architectural & Engineering 12.00% 38,068 Record drawings - architect 14,986 Administration, Bidding & Estimating Contingency 1.50% 4,758 Permits and fees 2,504 Subtotal - Project Expense 87,598 Subtotal - Combined Construction & Project Expense 404,831 Project Contingency 3.50% 14,169 Total Expense 5;419.000 PROJECT REVENUE CDBG Grant 100,000 Gates Foundation Grant 100,000 Friends of the Library 19,000 City of Bremerton 100,000 Kitsap County 100,000 Total Revenue 5;419.000 EXmBI~ B ARCHITECTURE LANDSCAPE DESIGNERS PLANNERS Hourly Rate Schedule - Multiple of Direct Pemonnel Expenses (June 2002) MuISDle of D/~ct Pm'$o/tr, e/E. xDenses jncka~a direct ~alaite~ of the Andittec~l pemonflst, and the portion of ~ ex)st of their mandatory and ~JstOmal¥ conthbufions and bensfils r~alad thereto, such es federal, state and local employment taxes and other statulo~ employee benefits, insurance, Nc~ leave, holidays,, vacations, penei~n and similar contributions and baneflt~. ~ J~ Blllina Rate 12.10 x 3.0~ ~ ~ ~ De~mdaelon ef Primary I. Mllee Yantok, Pflnolpst $g41 hour Pdmm7 architectural end landscape de$igfi Registered Anti.ct respomibu~ for ell of the wo~ programming; Senior Project Architect ,¢hedullng; meetings ~ client emi govem- Proje~ Manager merit agora:tea; presentations, & coat estimates; field inspections. II. Reglalafed Architec~ ~ hour Total quality management, production of ~enlor Designer ~tructJon contract documents, document coordi- nation, landscape desigrl, cost estimates. ill Registered Architect $76 / hour Project mac, get; architectural end ~ design; Designer programmir~g; scheduling; meetings ~ c~ient Project Manager and government agar'es; prelentations; specifications & coat e~mates; q~mllly control; preparstlort of cor~tnx~don drawings, techr,ical corltns~ nlal~lgement; §eld inspections. tV. Reglatered Architect ~ / hour Conatn~ffion contract document procluctioe team DeNgn Productio~ Manager leade~, technical and da~gn aesistanoe a~:l Senior Dmffspemon cost estimates; qtmldy control. V. Landscape Architect la6 / hour Assists arc~itec~ wfd~ damgn and preparation of Inteffot Oeeiglle~ landm all® development plans, interior Other Spaclallat plans, or other spe~ieiized infom~atio~ and plans: documentation, specifications and coat eafimates. VI. Intermediate Dmfflpeelon $50 / hour Preparation of pmductio~ drawings and VII. Junior [~raRapemon ~41 I hour lion malarial; code research; governmental agency liiaon. ~/111. Admb~strator ~391 hour Job co~t a~::ounfing, pmje¢~ schedule upd~tes, Drafting A~lalant ~$earc~, drawing, and document peeie-up and production. Consultant Fees: ~ + Includes structurst, mechanical, eleclttcal, and civil engineers; inle~or and graphic designera; special consultants, Relmburaabla F_xpermes Incurred on Behaff of C41e~: Ceat · 18% (ag. filing fees, other fees. postage & shll:~ng, report & drawing reproduction, special services & supplies) In-Houle Expenm: Bluap~nt~: $2.751 shest Mileage: $0.35 / mile CAD plot~: $13.50 / sheet Per Diem: ~50 / pemon ! day All accounts are due irl full ~l)on I'~ of I~lvolce, Interest at the rate of 1.5% pm' month wi# be chmged on accounts due over 30 days. 23 PAYMt~NT$ TO THE ARCHITECT Payments on account of services rendered and £or Reimbursable Expenses incurred shall be made monthly u?on presentation of the Architect's statement of services. No deductions sM[t be made from the Architect's compensation on account of penalty, liquidated damages or o:her sums withheld from payments to contractors, or on account of the cost of changes in the ~fork other than those for which the Architect has been adjudged to be liable. Rehnbuxsable Expenses are in addition to compensation for. the Architect's services and i~Clude expenses:incurred by the Architect and Architect's employees and consultants directly related to the Project, as identified in the following Clauses: .~ transportation in connection with the Project, authorized out-of-town travel and subsistence, and electronic communications; .z fees paid for securing approval of authorities having jurisdiction over the Proiect; a reproductions,, plots, standard form documents, postage, handling and delivery of Instruments of Service; .4 expense of overtime work requiring higher than regular rates if authorized in advance by the Owner; $ renderings, models and mock-ups requested by the Owner;, .~ expense of professional liability insurance dedicated exclusively to this Project or the expense of additional insurance coverage or limits requested by the Owner in excess of that normally carried by the Architect and the Architect's consultants; .7 reimbursable expenses as designated in Paragraph .~ other similar direct Project-related expenditures. Records of Reimbursable Expenses, of expenses pertaining to a Change in Services, acad of services performed on the basis of hourly rates or a multiple of DLrect Personnel Expense shgi be available to the Owner or the Owner's authorized representative at mutually convenient times. Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the Project a~d the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, employee retirement plan.,: and similar contributions. DATE SUBMITTED: 6/30/04 BILL # ~) ~' - /~' AGENDA BILL CITY OF BREMERTON q ~ CITY COUNCIL SUBJECT:Approval of Agreement with Committee Meeting Date: 6/30/04 Port Blakely Communities, Inc. Regarding COUNCIL MEETING Date: 7/07/04 Pre-Purchase Scope of Work for Eastpark Department: Economic Dev Acquisition Presenter: Gary Sexton Phone: 473-5282 SUMMARY: It is recommended that the City of Bremerton enter into a Pre-Purchase Scope of Work (Due Diligence) Agreement with Port Blakely for the potential sale/purchase of Eastpark which is City owned property consisting of approximately 47 acres of land that currently has no structures or improvements. The City desires to see the property developed as an urban medium density residential neighborhood (6 to 10 traits per acre) with a sense of place and locality, quality construction, neighborhood amenities and landscaping, innovative design and respect for the environment. Port Blakely has the background and experience to perform pre-purchase analysis (due diligence), plan, design and construct a residential development on the site. ATTACHMENTS: Agreement FISCAL IMPACTS (Include Budgeted Amount): None APPROVALS: DEPARTMENT DIRECTOR: FINANCE DIRECTOR: CO~CIL P~SIDENT: RECOMMENDED MOTION: Move to approve the Pm-~c~se Scope of Work Agreement ~tween the City ofBreme~on ~d Po~ Blakely Co--unities. Inc. regarding the Eas~mk prope~y ~d authorize the Mayor to execute the ~reement u~n conc~ence by the CRy Attorney of the l~guage there,. COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action 28 AGREEMENT BETWEEN THE CITY OF BREMERTON AND PORT BLAKELY COMMUNITIES This Agreement is made by and between PORT BLAKELY COMMUNITIES, whose mailing address is 1775 Twelfth Avenue, Issaquah, Washington 98027, ("Blakely"), and the CITY OF BREMERTON, a Washington municipal corporation, whose mailing address is 239 4th Street, Bremerton, Washington 98337 ("City"), for the site plan design of real property as follows: WHEREAS, The City is the owner of a parcel of property consisting of approximately 47 acres, legally described in Exhibit A; and WHEREAS, The City desires to see the property developed as an urban medium density residential (6 to 10 units per acre) with a sense of place and locality, quality construction, neighborhood amenities and landscaping, innovative design and respect for the environment; and WHEREAS, Blakely has the background, experience and desire to perform due diligence, plan, design, and construct a residential development on the site; and WHEREAS, Blakely intends to sell lots to DR Horton ("Horton"), an experienced national homebuilder, to construct homes on the Property, and Horton will actively participate in the due diligence phases with Blakely; and WHEREAS, It is the City's desire to sell the property for re-development by Blakely pursuant to a design and capital improvement proposal acceptable to the City; and WHEREAS, Blakely and the City desire to set out due diligence procedures in this Agreement prior to the parties entering into a purchase and sale agreement for the Property;. NOW, THEREFORE, THE PARTIES TO THIS AGREEMENT AGREE AS FOLLOWS: 1. PROPERTY. The property, consisting of approximately 47 acres of land with no structures or improvements situated thereon, commonly known as "Eastpark", is located off Wheaton Way Bremerton, Washington (the "Property"), and is legally described in Exhibit A, attached hereto and incorporated herein by this reference. EASTPARK / BLAKELY Page 1 of 8 2. COMMENCEMENT DATE. The commencement date of this Agreement is the last signature date appearing on the signature page of this Agreement ("Commencement Date"). 3. PRE-PURCHASE SCOPE OF WORK (DUE DILEGENCES) During the term of this Agreement, Blakely will perform or oversee due diligence including the follow tasks and sequence: A. PHASE I: (Thirty (30) days) CONCEPT LAYOUT AND ANALYSIS a) Retain necessary consultants and perform a Level 1 environmental assessment and determine ifa Level 2 assessment should be performed in Phase II due diligence.. b) Perform a market analysis using Horton staff and/or consultants as deemed appropriate by Horton. c) Approve a Conceptual Layout prepared by Horton for site development, street improvements, utilities, streetscaping, and residential mixes and styles. Said Conceptual Layout will be used for Blakely's further due diligence analysis. d) Obtain and perform title review. e) Prior to completion of Phase I, Blakely will deliver to Gary Sexton, the City Authorized Representative, the Conceptual Layout for City initial comments. f) At the completion of Phase I and within 10 business days after receipt of the City's response, Blakely will give written notice to the City whether or not, based on its reasonable business judgment of the information obtained in the Phase I review, it desires to proceed to due diligence Phase II. The City may terminate the agreement if it disapproves the Conceptual Layout after giving Blakely 10 business days to respond to any changes (and the reasons therefore) requested in writing by the City to the Conceptual Layout. If the Blakely approves Phase I and the City approves the Conceptual Layout, then the parties will proceed to Phase II, which shall include: B. PHASE II: (Forty (40) days from mutual approval to proceed to Phase ID ECONOMIC AND TECHNICAL ANALYSIS Blakely will: a) Retain services and perform geotechnical testing, analysis, and assessment as Blakely deems appropriate and necessary. EASTPARK / BLAKELY Page 2 of 8 b) Perform a Level 2 environmental assessment if determined appropriate or necessary by Blakely. e) Retain services and perform a site survey. d) Perform civil engineering as Blakely deems necessary and appropriate. e) Review and verify the City's appraised purchase price. f) Prior to completion of Phase II Blakely will provide the City Authorized Representative, with copies of all technical reports created in Phase II and a Schematic Site and Development Plan. Additionally, as a component of the Schematic Site and Development Plan, Blakely shall provide a phasing plan consisting of (a) a layout reflecting phased purchase of the Property which specifically delineates site area within each phase, not to exceed four (4) phases, (b) a proposed allocation of the total purchase price to each phase; and (c) a proposed schedule for phased closings within 30 days after final plat approval of each phase. The schedule will be based upon the estimated time needed for platting and other permits, as well as engineering and construction of infrastructure needed to obtain final plat approval, and the schedule will be subject to extensions for delay caused by strikes, utility company delays, permit delays or other events beyond Blakely's reasonable control. g) Blakely will propose a Development Agreement, under RCW 36.70B. 170 et seq., to set forth the project envelope, SEPA determination, review procedures for permits, and the applicable development standards for the project to be developed by Blakely on the Property. h) At the completion of Phase II and within 10 business days after receipt of the City's response, Blakely will give written notice whether or not, based on its reasonable business judgment of the information obtained and the City's response in the Phase II review, it desires to proceed to due diligence Phase HI. The City may terminate this Agreement if it disapproves the Schematic Site and Development Plan or Development Agreement after giving Blakely 10 business days to respond to any changes (and the reasons therefore) requested in writing by the City to that plan. If Blakely approves Phase II and the City approves the Schematic Site and Development Plan, then the parties will proceed to Phase Ill, which shall include: EASTPARK / BLAKELY Page 3 of 8 C. PHASE III: (Twenty (20) days from mutual approval to proceed to Phase III) FINAL ANALYSIS AND CITY REVIEW a) During Phase III, the City and City Council District Representative Daren Nygren shall review the Schematic Site and Development Plan and the proposed Development Agreement in such method and manner as the City deems necessary and appropriate. b) Prior to Completion of Phase III, Daren Nygren and the City Authorized Representative will meet with Blakely to review both parties' analysis, and comments. Blakely will review the financial feasibility of any City-requested changes. c) The City Council will hold a study session or other agreed review of the proposed Development Agreement. d) Upon completion of Phase Ill and within 10 business days after receipt of the City's response, Blakely will give written notice whether or not, based on its reasonable business judgment of the information obtained and the City's response in Phase III review, it desires to proceed to sign a Purchase and Sale Agreement. The City may terminate this Agreement if it disapproves the Schematic Site and Development Plan or the Development Agreement after giving Blakely 10 business days to respond to any changes (and the reasons therefore) requested in writing by the City to that plan. D. TERMINATION - PARTIES' RIGHTS AND OBLIGATIONS. In the event of termination of this agreement by either party during any phase as provided in this Section 3, each party shall he responsible for its own costs and expenses incurred in performance under this agreement. By entering into this agreement, neither party is obligated to pursue the purchase and sale of the Property except as provided herein. Any sale of the Property by the City to Blakely is subject to the execution ora Purchase and Sale Agreement by the parties and City Council approval. 4. MODIFICATION: Upon joint written agreement, signed by the respective Authorized Representatives, the scope of work and/or time allowances provided herein may be modified. EASTPARK/BI_A~ELy Page 4 of 8 5. PURCHASE AND SALE: If the parties jointly agree to proceed after Phase III, a Purchase and Sale Agreement ("PSA") will be entered into that will include and incorporate the following items: a) Purchase Price: The purchase price shall be the city appraised purchase price of Three Million Nine Htmdred Twenty One Thousand Dollars ($3,921,000) unless the parties should otherwise agree i. Blakely will pay an initial down payment to the City in the sum of Two Hundred Fifty Thousand Dollars ($250,000) at the time of signing of the PSA. ii. At the closing of each Phase, Blakely will pay the portion of the pumhase price for each phase consistent with the phasing plan approved as part of the final Schematic Site and Development Plan approved by the City. Blakely will have the right to adjust the size and configuration of any phase from the phase layout in the Schematic Site and Development Plan, with a corresponding adjustment in the allocable purchase price for that phase. However, no Phase will be less than 20% of the acreage of the Property without City approval nor have a material adverse impact on the access to or the market value of the other portions of the Property iii. At Blakely's sole discretion the pumhase dates may be accelerated. iv. Upon payment by Blakely of each respective phased purchase price, the City shall deliver a deed and sign all necessary documents to accomplish title transfer for the agreed phase property. b) Development Agreement. The PSA will be conditioned on the approval and signing of the Development Agreement as provided in Section 7 below. 6. STREETS, UTILITY AND PROJECT ENTRY CONSTRUCTION The PSA also will include provisions related to the following: a) The installation of streets, utilities, and project entry shall be in accordance with the Schematic Site and Development Plan as agreed upon at the end of Phase III above and incorporated into the PSA, except as may be otherwise modified in writing between the parties. EASTPARK / BLAKELY Page 5 of 8 33 b) The parties anticipate that the streets, utilities and project entry construction will occur in not more than two phases (which do not need to be consecutive phases), but the final timing will be set forth in the Schematic Site and Development Plan, or as otherwise agreed by the parties. At Blakely's request, the City will sign and record easements and other related documents to allow Blakely's grading, site access, construction of roads, utilities, storm water facilities, signage, and other infrastructure or improvements on portions of the Property not yet conveyed to Blakely. The City will accept streets and utilities as normal under its platting process, and closing of each phase will occur after final plat recording. 7. DEVELOPMENT AGREEMENT. Thc City Council will hold a hearing and make a decision on the proposed Development Agreement. If the City approves the Development Agreement, then the City and Blakely will sign the Development Agreement concurrently with signing thc PSA. g. ADDITIONAL TERMS a) Blakcly and Horton and its agents, subcontractors and consultants shall have the right to enter on the Property to conduct such inspections, studies, reports, tests and/er surveys as Blakely deems reasonably necessary or desirable to undertake Blakely's due diligence activities and to formulate and complete thc Schematic Site and Development Proposal. In the event Blakely's testing requires soil borings, digging, trenching or other disturbance of the site, Blakcly will restore the site to a substantially similar condition as existed prior to such testing. Blakely shall indemnify and hold thc City harmless from all claims and liabilities arising from exercise of Blakely's entry rights. b) Conveyance by the City to Blakely shall be by statutory warranty deed, subject only to the "Permitted Exceptions" described below. c) The purchase price for the property may be paid with in-kind real property acceptable to thc City in its sole discretion. d) Thc sale of the property to Blakely, being a negotiated sale pursuant to BMC 2.78.030(c)(1), shall bc subject to final approval of the City Council. This approval shall occur at completion of Phase III and signing of the Purchase and Sale Agreement. EASTPARK I BLAKELY Page 6 of 8 e) INDEMNIFICATION. Each party participating in this Agreement shall defend, indemnify and hold the other party participating in this Agreement, 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 party's intentional acts and negligence in its performance under this Agreement. The provisions of this section shall survive the expiration or termination of this Agreement. f) 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 Blakely 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. g) ATTORNEY'S FEES. 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. h) WRITTEN NOTICE. All communications regarding this agreement shall be sent to the parties' Authorized Representative at the addresses listed below, unless otherwise notified. Developer City of Bremerton Blakely 239 4th Street 1775 Twelfth Avenue, Suite 101 Bremerton, Washington 98337 Issaquah, WA 98027 360-478-5282 Authorized Representative Authorized Representative ELIZABETH WILSON GARY SEXTON 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 in this Agreement. i) ASSIGNMENT. Any assignment of this agreement without the written consent of the City shall be void. j) 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 parties. EASTPARK / BLAKELY Page 7 of 8 k) 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. !) ENTIRE AGREEMENT. The written provisions and terms of this Agreement shall supersede all prior verbal statements of any officer or other representative of any of the participating entities, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. The entire agreement between the parties with respect to the subject matter hereunder is contained in this Agreement. m) DUPLICATE ORIGINALS. This Agreement may be executed in duplicate original. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date set forth below. PORT BLAKELY COMMUNITIES CITY OF BREMERTON By: Judd Kirk By: Cary Bozeman Its: President Its: Mayor DATE: DATE: EASTPARK I BLAKELY Page 8 of 8 . . 06/2cJ/2E~Od,. 16:47 1360d735850 KCCH~ P~GE 01 EXHIBIT "A" ORDER NO.: 32071827 PARCEL I: THAT PORTION OF PLAT OF UNITED STATES NAVY YARD ADDIT]0N TO BREMERTON ACCORDING TO PLAT RECORDED IN VOLUME 3 OF PLATS, PAGE 63 AND THAT PORTION OF BLOCKS 31 AND 32, C.D. HILLMAN'S NAVY YARD ADDITION TO BREMERTON ACCORDING TO PLAT RECORDED IN VOLUME 3 OF PLATS, PAGE 129, IN KITSAP COUNTY, WASHINGTON, CONDEMNED IN UNITED STATES DISTRICT COURT, WESTERN DISTRICT CASE NO. 347, DESCRIBED AS FOLLOWS: BEGINNING AT A FOUND 3' BRASS DISC MONUMENT AT THE CENTER OF SECTION 12, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON, SAID CENTER OF SAID SECTION 12 BEING APPROXIMATELY AT THE INTERSECTION OF THE CENTERtJNES OF SCHLEY BOULEVARD AND TWELFTH AVENUE; THENCE FROM SAID TRUE POINT OF BEGINNING SOUTH 89'00'16' EAST A DISTANCE OF 280.86 FEET TO FOUND 7' DIAMETER CONCRETE MONUMENT; THENCE SOUTH 02 °01'25" WEST A DISTANCE OF 314.09 FEET TO A STANDARD BERNTSEN MONUMENT; THENCE SOUTH 02° 01'25" WEST A DISTANCE OF 575.25 FEET TO A STANDARD BERNTSEN MONUMENT; THENCE SOUTH 02'01'25" WEST A DISTANCE OF 410.12 FEET TO A STANDARD BERNTSEN MONUMENT; THENCE NORTH 88-27'57' WEST A DISTANCE OF 260.83 FEET TO A STANDARD BERNTSEN MONUMENT; THENCE SOUTH 02 o 01'25" WEST A DISTANCE OF 280.04 FEET TO A STANDARD BERNTSEN MONUMENT; THENCE NORTH 87'58'35" WEST A DISTANCE OF 139.80 FEET TO A STANDARD BERNTSEN MONOMENT; THENCE NORTH 29'44'22" WEST A DISTANCE OF 77.03 FEET TO A STANDARD BERNTSEN MONUMENT SET 1.0 FOOT BACK OF EDGE OF SIDEWALK; THENCE ALONG A CURVE WITH A RADIAL BEARING OF NORTH 29o44'22" WEST A RADIUS OF 427.72 FEET A DELTA ANGLE OF 08'28'14" AND AN ARC LENGTH OI= 53.23 FEET; THENCE SOUTH 68o43'82' WEST A DISTANCE OF 216.26 FEET; THENCE ALONG A CURVE WITH A RADIAL BEARING OF SOUTH 21 · 18'08" EAST A RADIUS OF 431.31 FEET A DELTA ANGLE OF 36°22'15" AND AN ARC LENGTH OF 273.79 FEET; THENCE ALONG A CURVE WITH A RADIAL BEARING OF SOUTH 57'38'23' EAST A RADIUS OF 681.50 FEET A DELTA ANGLE OF 20'00'17" AND AN ARC LENGTH OF 227.47 FEET; THENCE SOUTH 12o21'20· WEST A DISTANCE OF 105.56 FEET; THENCE ALONG A CURVE WITH A RADIAL BEARING OF SOUTH 77°40'$3" EAST A RADIUS OF 461.80 FEET A DELTA ANGLE OF 25°54'48· AND AN ARC LENGTH OF 218.78 FEET; THENCE SOUTH 14'33'28" EASTA DISTANCE OF 72.06 FEET; THENCE ALONG A CURVE WITH A RADIAL BEARING OF NORTH 75'26'32' EAST A RADIUS OF 48.65 FEET A DELTA ANGLE OF 52°18'50" AND AN ~.RC LENGTH OF 44.42 FEET; THENCE SOUTH 23°o5'29" WEST A DISTANCE OF 43.21 FEET; THENCE SOUTH 42'16'27' WE'.;~T A DISTANCE OF 57.94 FEET; THENCE NORTH 46'43'53" WEST A DISTANCE OF 336.$0 FEET; THENCE NORTH 02'00'24" EAST A DISTANCE OF 343.00 FEET TO A STANDARD BERNTSEN MONUMENT; THENCE NORTH 02'00'24" EAST A DISTANCE OF 598.62 FEET TO A STANDARD BERNTSEN MONUMENT; THENCE NORTH 02°22'13'. EAST A DISTANCE OF 374.04 FEET TO A STANDARD BERN'i-SEN MONUMENT; THENCE NORTH 02o22'13" EAST A DISTANCE OF 3~t6.49 FEET TO A STANDARD BERNTSEN MONUMENT; THENCE NORTH 02'22'13" EAST A DISTANCE OF 538.06 FEET TO A STANDARD BERNTSEN MONUMENT; THENCE SOUTH 89'00'33' EAST A DISTANCE OF 599.00 FEET TO A STANDARD BERNTSEN MONUMENT; THENCE SOUTH 89° 00'33' EAST A DISTANCE OF 373.17 FEET TO A FOUND 3" BRASS DISC MONUMENT AND THE TRUE POINT OF BEGINNING. ·.. THIS LEGAL DESCRIPTION CONTINUES ON THE NEXT PAGE... Page 1 06/29/2004 16:47 1360473.5850 KCCHA PAGE 02 EXHIBIT "A" Continued Order No.: 32071827 PARCEL I1: THAT PORTION OF SECTION 12, TOWNSHIP 24 NORTH, RANGE 1 EAST, DESCRIBED AS FOLLOWS: BEGINNING AT A CONCRETE MONUMENT AT THE CENTER OF SECTION '12. TOWNSHIP 24 NORTH, RANGE I EAST, W.M., IN KII'SAP COUNTY, WASHINGTON; THENCE NORTH 69'rJ0'4~" WEST 1265.61 FEET TO A CONCRETE MONUMENT AND TRUE POINT OF BEGINNING; THENCE SOUTH ! "69'40" WEST 1970.21 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF STATE SECONDARY HIGHWAY NO, 303; THENCE ALONG SAID NORTHERLY BOUNDARY OF STATE SECONDARy HIGHWAY 303 SOUTH 49 · 41'40" EAST 426.02 FEET; THENCE NORTH 1 o 59'40" F-A~T 2256.76 FEET; THENCE NORTH 89 o 00'48" WEST 320.08 FEET TO A CONCR~.-rE MONUMENT AND TRUE POINT OF BEGINNING. END OF EXHIBIT "A" . . . Page DATE SUBMITTED: BILL # OY-/3O AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Approval of the proposed use Committee Meeting Date: June 30th 2004 and outreach efforts associated with the COUNCIL MEETING Date: July 7th 2004 HUD granted American Dream Department: DCD Downpayment Initiative (ADDI) 2003 and Presemer: Michelle Eichhom 2004 program funds in the amount of Phone: 473-5375 $58,270. SUMMARY: AMERICAN DREAM DOWNPAYMENT INITIATIVE: As a member ora HOME consortium with Kitsap County, the City will receive a total of approximately $58,270 or 45.4% &each years ADDI funding (fi.om Federal FY '03 and FY '04) for the purpose of making downpayment assistance to low- income families who are first-time homebuyers. RECOMMENDATION: It is recommended that these funds be designated for the City's Homebuyer Assistance Program. In accordance with the requirements of the pmgratn, the City will conduct targeted outreach to tenants of public housing, and to other families assisted by public housing agencies, for the purpose of ensuring that these funds are used to provide Homebuyer assistance for such residents. ATTACHMENTS: Proposed ADDI Use and Outreach Plan FISCAL IMPACTS (Include Budgeted Amount): There will be an additional $58,270 available for funding downpayment assistance activities. APPROVALS: DEPARTMENT DIRECTOR:-'~ ~ "~ ~f~ .'v~/~_ ~ MAYO : OPERATIONs:FISCAL/BUDGET: ' ~/'-J~'~/~~,. .--v~~~~ --~]CONSENT AGENDA~ ·~/o RECOMMENDED MOTION: MOVE TO APPROVE THE USE OF HUD GRANTED "AMERICAN DOWN PAYMENT INITIATIVE" (ADDI) 2003 AND 2004 PROGRAM FUNDS IN THE AMOUNT OF $58,270 FOR FUNDING HOMEBUYER ASSISTANCE ACTIVITIES. COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action CITY COUNCIL COMMITTEE MEETING JUNE 30, 2004 SUBJECT: The approval of the proposed use and outreach efforts associated with the HUD granted American Dream Downpayment Initiative (ADDI) 2003 and 2004 program funds in the amount of $58,270. The Council will consider this item during the July 7th meeting. AMERICAN DREAM DOWNPAYMENT INITIATIVE: President Bush signed the ADDI into law on December 16t~ 2003 under the American Dream Downpayment Act (Public Law 1087-186). Funds made available under the ADDI statute will be allocated to eligible HOME Participating Jurisdictions (PJ's) to assist low-income families become first-time homebuyers. As a member ora HOME consortium with Kitsap County (the PJ for this area), the City will receive approximately $58,270 or 45.4% of each years ADDI funding (fi.om Federal FY '03 and FY ~04) for the purpose of making downpayment assistance to low-income families who are first-time homebuyers. RECOMMENDATION: It is recommended that these funds be designated for the City's Homebuyer Assistance Progran~ In accordance with the requirements of the program, the City will conduct targeted outreach to tenants of public housing, and to other families assisted by public housing agencies, for the purpose of ensuring that these funds are used to provide Homebuyer assistance for such residents. ATTACHMENTS: ADDI Use and Outreach Plan Additional information and copies of the proposed ADDI Plan for Use and Outreach can be obtained by contacting Micbelle Eichhorn (360) 473-5375 or Shirley Akd (360) 473- 5211 at the City of Bremerton, Department of Community Development 286 4~ St., Bremerton WA. 98337. CITY OF BREMERTON AMERICAN DREAM DOWNPAYMENT INITIATIVE PLAN FOR USE AND OUTREACH SUBJECT: Proposed use and outreach plan for the American Dream Downpayment Initiative 2003 and 2004 funds from the United States Depa~ment of Housing and Urban Developmem. AMERICAN DREAM DOWNPAYMENT INITIATIVE: The City anticipates receiving a total of approximately $58,270 in funding ($26,729 from Federal FY '03 and $31,541 FY '04) through the newly-established American Dream Downpayment Initiative (ADDI) progran~ The funds will be used to assist low and moderate-income first-time homebuyers with downpayment funding for the purchase ora home. PROPOSED METHOD OF DISTRIBUTION: It is proposed that the City distribute ADDI funds to projects in conjunction with approved HOME-funded Homeownership Assistance activities. When an application is approved for regular HOME funding for Homeownership assistance activities, and it meets the criteria for ADDI funding (first-time homebuyer, etc.), up to $10,000 or 6% of the total home price (which ever is greater) of ADDI funding may be allocated to such projects. By using ADDI funds only in conjunction with approved HOME- funded projects, we will assure that the families receiving ADDI assistance are families suitable for undertaking and maintaining homeownership. PROPOSED METHOD OF OUTREACH: The ADDI program requires that the City conduct targeted outreach to tenants of manufactured and public housing, and to other families assisted by public housing agencies, for the purpose of ensuring that these funds are used to provide Homebuyer Assistance for such residents, tenants, and families. It is proposed that the City accomplish this by sending notification to the following: the Bremerton Housing Authority and by providing information at the annual "Finding your way HOME" event. The notification will explain the availability of Homeownership assistance (HOME and/or ADDI), the eligible uses of the HOME and/or ADDI funds, and how individuals might be able to obtain assistance relating to HOME and/or ADDI funding. Additional copies of this proposed plan my be obtained by contacting Michelle Eichhom at the City of Bremerton, Department of Community Development at 360-473-5375, Department of Community Development 286 4t~ St., Bremerton WA. 98337. DATE SUBMITTED: BILL AGENDA BILL CITY OF BREMERTON 5 CITY COUNCIL SUBJECT: 2005 Draft CDBG~OME Co~ittee Meeting Date: 06/30/~ Policy P~ and Application CO~C1L MEET~G Date: 07/07/~ ~esenter: Michelle Eic~om Phone: (360) 473-5375 SUGARY: A audy session wRh the Co~cil wm held on 06/09/04 to renew the 2005 CDBG~O~ Policy PI~ ~d Applicatbn. R~o~endatiom ~om the Co~cil ~e listed on p~e A. ~ Mve~i~d public meethg was held on 6/23/04 ~d there were no r~o~ended c~ges from the public at t~t thee. A~ACHMENTS: CiWCo~cilReco~endatio~; A full copy of the "DRAFT 2005 ~DBG/H0~E POLICY PLAN" is available in DCD. FISCAL ~PACTS (Include Budgeted ~ount): APPROVALS: DEP~TMENT DI~CTOR: CITY ATTO~EY: MAYOR: OPE~TIONS: . ~COMMENDED MOTION. Move to approve tM ~05 CDBG~O~ Policy Plan and Applicmion ~ ~ended. COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action DRAFT DRAFT DRAFT Community Development Block Grant 2005 CDBG/HOME POLICY PLAN and APPLICATION FOR FUNDING 43 2005 CDBG POLICY PLAN DRAFT CHANGES FROM 2004 POLICY PLAN Throughout the document, minor wording changes have been made for consistency. The document has been reformatted for improved readability as well. Changes to Public Participation Plan A change has been made to the Public Participation Plan, narrowing the criteria for a "substantial amendment." This change will allow amendments within contracts without going through a public hearing process. The enclosed Draft shows the edits made to the Public Participation Plan. Rating criteria, Capital Application This table has been changed to add another ten points possible in the rating standards for Capital Applications. This provides additional emphasis for project readiness - up to 20 points now for the criterion. The additional ten points would be awarded if there is site control and other funds are substantially committed or in-hand. In addition, there should be reasonable expectation that the project will be underway as soon as a contract is completed. Introduction CDBG/HOME Staff Contacts CDBG Allocation Schedule Citizen Advisory Committee Public Service Applications Capital And Planning Applications 2005 Proposed Distribution of CDBG Funds CDBG Public Participation Plan PART h 2005 CDBG/HOME ALLOCATION - GENERAEtNFORMATION PART I1:2005 CITY OF BREMERTON CDBG ALLOCATION POLICY Public/Human Service Criteria Housing Activities Criteria Capital Projects Criteria Other Policies and Regulations That Apply PART II1: CDBG Rating Criteria PART IV: National Objectives and Eligibility Requirements National Objectives (Benefit Criteria) Eligible Activities ineligibie Activities PART V: 2005 CDBG APPLICATION Public Service Applications Funding Application Form Response to Rating Factors Attachments Planning Applications Funding Application Form Response to Rating Factors Attachments Housing Applications CDBG Funding Application Form Response to Rating Factors Attachments Capital Projects Applications CDBG Funding Application Form Response to Rating Factors Attachments ADMINISTRATION AND PUBLIC SERVICE PROJECTS Michelle Eichhorn, CDBG Program Administrator Telephone: (360) 473-5375 Fax: (360) 473-5138 E-Mail: meichhom~ci.bremerton.wa.us Mailing address: City o£Bremerton Department of Community Development 286 4t~ Street Bremerton, WA 98337 PLANNING AND CAPITAl, PROJECTS Shirley Aird, CDBG Program Coordinator Telephone: (360) 473-5211 Fax: (360) 473-5138 E-Mail: skirley.a/xd~ci.bremerton.wa-us Mailing address: City of Bremerton Depa,~nent of Community Development 286 4t~ Street Bremerton, WA 98337 CITY OF BREMERTON 2005 CDBG ALLOCATION SCHEDULE Wednesday 6/09/04 Present Proposed 2005 Policy Plan at City Council Study Session, City Council Office, 5:00PM Wednesday 6/16/04 Advertise Availability of 2005 Draft Policy Plan (Ad to be placed in The Sun) Tuesday 6/22/04 Public Meeting on 2005 Draft Policy Plan DCD Conference Room, 286 4t~ Street, 3:00 PM Wednesday 6/30/04 City Council Committee Meeting on Draft Plan Wednesday 7/07/04 Bremerton City Council Public Hearing on 2005 Policy Plan 239 4t~ Street, 5:30 PM Friday 7/14/04 Final 2005 Policy Plan and Application Packet Available 286 4t~ Street, DCD Monday 7/19/04 Technical Assistance Meeting DCD Conference Room, 286 4t~ Street, 3:00 PM Tuesday 8/I 1/04 City Council Committee on Appointment of New Advisory Committee Members Wednesday 8/I 8/04 City Council Meeting on Approval of New Advisory Committee Members Friday 8/20/04 Applications Due in City of Bremerton DCD, 286 4t~ Street (Postmark is not acceptable) Friday 8/20/04 StaffTechnical Review to Wednesday 9/08/04 Thursday 8/26/04 Advisory Committee Member Training DCD Conference Room, 286 4e Street, 3:00 PM Friday 8/27/04 CDBG Advisory Committee Review and Interviews to Friday 9/17/04 Wednesday 9/22/04 Advisory Committee Recommendntiom to DCD Staff Tuesday 9/28/04 Public Meeting to Comment on Funding Recommendations DCD Conference Room, 286 4th Street, 3:00 PM Wednesday 10/13/04 City Council committee meeting on Funding Recommendations Wednesday 10/20/04 City Council Hearing on Funding Recommendations 239 4t~ Street, 5:30PM Monday 11/15/04 Annual Action Plan to HUD Saturday 1/01/05 CDBG Program Year Begins 47 Position term ~ 1 Member from the City at large H. Emily Moshay 1/1/04-12/31/05 >' 2 Members from the West Bremerton Aret~ 1/1/04-12/31/06 Tina Davis 1/1/04-12/31/07 Faye Flemister } 2 Members from the East Bremerton Area 1/1/04-12/31/06 Roy Mclnnis 1/1/04-12/31/07 Ronald Smith From then on 3 year staggered terms ,~ 1 Councilmember (appointed by the Council President) Will Maupin 1/1/04-12/31/06 > 1 Planning Commissioner (appoLnted by Commission President) To be Appointed by dune 20 1/1/04-12/31/06 Three Community Members appointed by the Mayor: > 1 Member from the City at large Joyee Davidson 1/1/04-12/31/05 ~ 1 Member from the West Bremen-Ion Area Kyle Cruver 1 / 1/04-12/31/06 > 1 Member from the East Bremerton Area Mike Eversole 1/1/04-12/31/07 From then on 3 year staggered terms Estimated Funding Available for the 2005 CDBG Allocation Process Tentative Estimate of 2005 $631,000.00 Entitlement Tentative Program income (PI) $200,000.00 Available Total Entitlement + PI $831,000.00 Reallocated Funds prior year projects: $31,761.98 Total Available for allocation $862,761.98 Available for 2005 Public Service (15% of entitlement + PI ) $124,650.00 Available for COB DCD 2005 Planning and Admin (20% of entitlement + Pi) $166,200.00 subtotal $290,850.00 Available for Capital Projects ( 65% of entitlement + PI + recaptured capital project funds) $571,911.98 $862,761.98 DATE SUBMITTED: 6/21/04 BILL AGENDA BILL CITY OF BREMERTON 5~ CITY COUNCIL SUBJECT: Public hearing and ordinance Committee Meeting Date: 6/30/0'3' O regarding zoning text amendments to BMC COUNCIL MEETING Date: 7/7/0-3-~q' 21.02.230 and 17.04.060(e) relating to Department: Comm. Development development and permit requirements for Presenter: Chris Hugo, Director fences. Phone: 473-5243 SUMMARY: In recent years, violations of the city's fence height standards have become more prevalent. At the conclusion ora Council study session in April, the DCD was directed to draft ordinance amendments to address provisions for special use permits, entry features, and permit requirements. The Council's direction also confirmed retaining the existing height standards in the code. The Planning Commission conducted a workshop in the proposed amendments on April 15th, 2003, and held public hearings on June 17 and July 15tn, 2003. The Commission recommends the attached ordinance to the Council for adoption. ATTACHMENTS: Proposed ordinance Staff report Planning Commission minutes FISCAL IMPACTS (Include Budgeted Amount): The requirement for a fence permit will generate some additional stafftime that will be offset by reduced need for enforcement and a smal! permit fee. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: '7 FiNANCE DIRECTOR: MAYOR: (_~, FISCAL/BUDGET: (~._.~,¢ ~-~,~)---'~--I CONSENT AGENDA [] OPERATIONS: COUNCIL PRESIDENT: RECOMMENDED MOTION: Move to approve ordinance on first reading. Move to pass ordinance on second reading. COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action 50 · .?..... ~. ;.~.:::... ~... .~ ..,.~.~.-..~ ~..~,.: .:~2.~.~..i~.~'~i~.~;?.'_'.-~.~ '...:~.~{%'.'~,~?. ,.~ .~..~......... .. · .. ~ .. ., ... . :.. :% .?/~.:/..~?~ '~.~ '~:...'..~.'~.,~'~ .~:,~.~_:..~-...~ ~ '~:~. ~' · · . .... : .... .... : .... .,. ..... ....:. :.~. :~'.:~ .......... ~~~~~ -~' ~ · . .~.. · :. · . ... . ~ ~' ~ ".. TO: O~Ny~ C~Pr~i~t SU~: ~NC~, A~ it~ 5B, JMy ~ ~ ' ' : ' Ny~ . : Mr. n: If pouible ~o~ you ~ad thi~ I~ into ~e r~ord and d~t~bnte to ~e Co~a the subj~t Ag~da I~m: i ~ w~ ~ i~ to ~ my ~m~ a~ut t~ ~d& ~ ~ad~ to ~n~ The &~ i am ~n~ abo~ wo~d ~ e~t ~gi~ n ~t ~r any f~ abo~ ~ f~. In ~ &~ iss~ ~ s~ff R ~ that the ~on fdr t~ &~ge is ~ ~su~ foot ~it in ~ fro~ yard ~ ba~k whi~ ap~ to ~ som~t ol n i have no i~ ~w ~y f~ ~ ~st~d ac ~p~d in ~ w~ in B~e~ but ~'is ~er~. T~ ~on prep~ Woutd m~ B~n t~ most ~cfive ~ Mns~, ~d ~r~ Counti~ induing ~1 of~e ~ ~. ~e~n ~i~s ~ve ~ i~Mllag f~ for o~r 1~ y~, most ~ ~H~ ~ of p~sage of ~s Or~a~ wo~d be placing m~y mo~ ti&~ ~ nontomp~ee for pu~ ~ a kg~ f~ ~im~y ~ca~ th~ dM not ob~ a ~rmit. 1'his wiU si~ta~t~ i~e ~ work of ~ ~ cem~ ~e to n~ o~ ~or 6 f~ ~ RI~R~ ~ ~ 1~ b~ ~o ~ ~t~ ~ witho~ a pe~ ~ n ei~ if I do not ~ow th ~' ~n~ install a 6 f~t fm~ h~ ~ i to ~ that I ~ a ~t for ~ f~c~? ' ' : T~ ~M i~ ap~ to be ~ofold: L Is ~e ~ s~ foot f~ce ~ctlon in ~ ~ont y~d s~back ~on~ ~ w~ do so ~ of y~ ~ns~ w~t ~ p~ce a ~ f~t ~ ~ ~ ~t yard ~ b~k ? (R sh~d ~ n~d ~at in so~ ~ it is not p~c~c~ ~a~ of topo~phy~ lot ~e~ or I~on to move The pro~ ~z f~ ~ce ~yn~ ~e ~ba~) lmt~ of a 6 foot ~ce in t~ f~ ya~ ~back ~ ~h~ce on~ seine of s~u~ and ao~fim~ pro~ so~ ~i~ ~r~om ~e~ ~ ~v~ ve~ bray s~ in Br~on for ~ich a s~ foot ~.ce would provi~ n noi~ and s~u~ b~r, Warr~ Ave ~e and ~ pla~ i~ ~oM r~k on ad~ac~( ~sy st~. Hremertan cnn he nnd is · dtmEeroos plat~ at Chics and a three foot fence providts no security at ald~.. ]~t does ._~_l, tnmewhmt ironic that tl~ O~dlnm~tc dots Dermic m $ foot _b_fi,_e ia C,~mm-rtial zoots and a 10 foot ~' iu ln&~.trial ~e~ for softty and se~uflty for the b,~;n~.t,~ bat the _,~? onfion for safety amd security is not afforded to ute c~tJ~u ~heir midenc~, i.e. your COOSt~I~JMS ' , · · ~ ! in and Ironnd my home in the past 7 years the (o]lowinR unfortoeato ew. qts have Cajun pl~e~ ~ ~ ' 1. Durin~ new ¢oostmcfion about SJ000.00 of mdthm. i. 2. A stereo/tope dctk sto~ from one of our vehicles ? ~ 3. A murder thru Moth away ~ ' 4. Tools stolon from the yard on two occasions. i,: ~. A ~o-eart stolen from the yard. ;' * ' ~ ~ ' = 6. Two tir~ on one of the family veh~Jes pundured ' ' ' ~' ' '/. On two ~casions the~ were seriom alcohol related accidents in front on the house, one of :': which destroyed a City installed chain link fence the other destro}~cl my vehicle parked On ,, ~, ~ : : 'the rood. ; ..... , , !' "' if [ lived in a commercial zone and was able to install a 6 foot fence in the front yard stablest "~ some of abe shove would not have occurred. :!i": · ' There is also an inconsistency in the fence st4bach requirement. There h no restriction ve~etatlon height in the front yard setback but there is for t fence. The problan is vegetation takes a long he to grow and dose up to the tzb~t tht it provides the safet~ and ~ seeb~ty that some o~ your tofls~toent~ may wJuJt 2. What is the best method to communicate to the citizens requirements for Whlcb there is a ' Cefiaiuly not by req~rio8 a permit which will place maay mor~ out of compliance and create "" ' an unnetusary admiui~trat4ve burden on ali in the process · ' a. Send out u notice in th~ City water bill. ..::'- b. Send oUt u notice with the Rtrbale bill , ' c. Make an annouurenstnt on BCAT .~i cl. Issue a Pre~ releise with the Patriot. : ' e. Disens~ at all of the Council nci~hborhood meetina~. il...:, ..= .' CONCLUSION: " '~ ' 1. There should be no chan~e in the pernfitfio~ requi~rements for fences, 2. Council shouhi reconsider six foot fences in front yard setbacks and provide some '; '~ reasonable provisions for permittinR same in the interests of personnel safety .... · ."', so,ur/ay And privacy i:.~ · " '. .' · :~' ~ · Resp.etffu?ly submitted : ' ~.~, · , , , ~-~, : - · ~P.~:JII~8 :' . · '. i~.~:: " ' .:..'. O ~ : . .: ~. . i~ ~ ~ · · · .-~...":-..:'?. · ': COMMUNITY DEVELOPMENT DEPARTMENT ZONING CODE TEXT AMENDMENT STAFF REPORT PROPOSAL: Text amendment to Section 21.02.230 and Section 17.04.060 (e) of the Bremerton Municipal Code relating to fence regulations. DATE OF REPORT: JUNE 8, 2003 APPLICANT OR PROPONENT (FILE NUMBERS): City of Bremerton (PL03-0018) CONTACT: Chris Hugo, Director- Community Development Department; Phone: (360)473-5243 LOCATION OF PROPOSAL: This proposal applies to all districts within the city. Background: One of the most chronic violations of City development codes is the construction of higher fences than the zoning code allows. Currently, the Code Compliance section has about a half dozen open cases, including some that have been unresolved for the better part of a year. There are dozens of other visible violations that the Department has not cited. Some of the observed violations are entirely new installations, and some of these consist of fairly elaborate designs and expensive materials. One of the reasons that there are so many violations of the code is that the City does not require a building permit to construct a fence. The requirement for a fence permit varies city-to-city, and there are good arguments both to require and not to require a permit. Late last year, the Department sent a letter to all fence companies in the area to ask their cooperetion in meeting the code previsions in all their installations, but some of the new violations are recent installations by local companies. The City's current regulations limit fence heights in front yards (anywhere in the required setback area) to 3 ft. if the fence is solid or 42" if it is open chain link. These limitations reflect community standards to allow front yard views up and down residential streets. In most communities across the nation, this has been the tradition in Iow-density neighborhoods for many generations. A property owner can seek a higher fence height by applying for a special use permit. This can be processed as an administrative decision or as a Hearing Examiner decision. In the first case, the application fee is $320 and in the latter it is $636. These fees often amount to a substantial percentage of the construction cost of the fence. The criteria for considering a greater height include findings of increased security and privacy. These are exactly the functions of a fence, which means that all applications should be approved. This raises the question, "If all applications for a special use permit automatically satisfy the decision criteria and demand approval, why are we making the public apply for a special use permit to begin with?" On the surface, it could appear that the City is just attempting to generate additional revenue - in actuality, the fees are more than consumed by legal notice and staff time. Still, the criteria seem to undermine the overall purpose of the special use permit requirement. The matter of regulating fence heights is one of policy. What is the neighborhood character that the City wants to maintain? Do fences separate neighbors and erode a sense of community, or do they promote good neighbor relations and make Bremerton a safer place? What about homes along high traffic streets? Can higher fences help buffer the impacts of the street and help these homes maintain a reasonable living environment? The Department's dilemma is that fences continue to be built contrary to the code, and in some cases there may be justification for a higher fence. PROPOSED CODE TEXT AMENDMENTS: 1 ) Revise BMC 21.02.230 to make the following changes: · revise the maximum allowed height of chain link fences from 42 inches to 48 inches · add decision criteria to the Type Ill SUP procedures to allow fences up to 8 feet in side and rear yards only under limited conditions · provide for greater maximum allowed heights for architectural appurtenances such as entry trellises or gates. 2) Revise BMC 17.04.060(e) to only exclude temporary fences and fences under two feet in height to the list of '~Vork Exempt from Permit" ENVIRONMENTAL DETERMINATION (SEPA): A Determination of Non-Significance was issued on the original development regulation as a non-project action in accordance with WAC 197-11 on June 16, 2003. The proposed text amendment is considered a minor revision to the original regulation with minimum substantive effect. There is no change to the bulk regulations that control the overall use intensity of a site. A memorandum that states this conclusion has been entered into the official record. DECiSiON CRITERIA: As provided in BMC 21.02.925. the City Counci/ may approve an amendment if the fo/lowing questions can be answered, 'Yes:' (1) Is the proposed change consistent and compatible with the Comprehensive Plan ? (2) Will the proposed change be consistent with all other provisions of the affected code and avoid conflicts with other codes? FINDING OF PLAN/ZONING CONSISTENCY: The proposed code text amendments are intended to add clarity to existing provisions regulating fence installations and to add a permit requirement to insure compliance with regulations. There are no substantive elements of the proposed amendments that relate to Plan consistency. The amendment must also be found to be consistent with all other provisions of the Zoning Code. ~'/'~/~ ,¢1' June 8, 2003 Staff report prepared by: Chris R~go, D'irectoj - Dated ORDINANCE NO. AN ORDINANCE of the City Council of thc City of Bremcrton, Washington, amending Section 21.02.230 and Section 17.04.060(e) of the Bremerton Municipal Code relating to fence height regulations. WHEREAS, the City Council desires to amend the current provisions of Section 21.02.230 of the Bremerton Municipal Code to establish criteria for the granting of a Special Use Permit for side and rear yard fences over six (6) feet in height and to make other related amendments; and WHEREAS, the City Council also desires to amend the provisions of Section 17.04.060(e) of thc Bremerton Municipal Code relating to building permits under the Uniform Building Code to require building permits for certain fences; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTIONI. Section 21.02.230 of the Bremerton Municipal Code entitled "Fences and Walls" is hereby amended to read as follows: 21.02.230 FENCES AND WALLS. (a) Fences and walls shall observe the following height and setback requirements: (1) Residential Zones. i. Maximum height shall be six (6) feet. ii. Maximum height within the front yard setback area shall be three (3) iii. On comer lots with two front yards for structure setbacks, the Director can determine that one of the yards can be declared a "secondary" from yard for the purposes of this section and may permit a six (six) foot maximum height fence in that yard if the following conditions are met: a. The three foot maximum height will still apply to the full depth of the other yard which is declared to be the one of the residences primary orientation. b. The higher fence will not block any existing street views from an adjoining residence with its primary orientation to that same street. c. The higher fence shall not be closer to the residence's street of primary orientation than the front faCade of the residence. (2) Commercial Zones. i. Maximum height shall be eight (8) feet. ii. Maximum height shall be six (6) feet when adjacent to a public right- of-way, or to a residential zone. (3) Industrial Zone. i. Maximum height shall be ten (10) feet. ii. Maximum height shall be six (6) feet when adjacent to a public right- of-way, or to a residential zone. (b) A Type IH Special Use Penuit may be requested granted for higher fences or walls up to eight feet high along property lines in a side or rear yard that are designed and intended for enhanced security, greater residential privacy or other reasons that will be of benefit to all affected properties, only if all of the following criteria are met: (1) the fence or wall is necessary to provide privacy and security between a residential and a non-residential use; (2) the design of the fence will present a "finished" appearance on its outside face; and 1 Fence Height Regulations and design of a fence or wall is subject to the approval of the City Engineer when visibility or public safety is an issue. (d) No electric or electrified fences shall be permitted within the City of Bmmerton. (e) Barbed wire or similar wire protective devices are permitted only in non-residential zones above a height of six (6) feet and shall require a Type m Special Use Permit if ;vit~An ~r adjoining any residential zone. (f) Notwithstanding the provisions of (a) (1) ii. above, architectural appurtenances such as trellises or entry gates that define a walkway or driveway entry are allowed in a front yard up to 90 (ninety) inches high, provided that i. no individual structural support for such features shall be more than 12 (twelve) inches square in section, ii. any gate shall not obscure more than 20% of visibility to the yard as viewed perpendicular to the gate's installation, and iii any entry feature greater than 3 (three) feet in height shall not be mom than 6 (six) feet wide for a walkway entry or more than 16 (sixteen) feet wide for a driveway entry. SECTION 2. Section 17.04.040 of the Bremerton Municipal Code entitled "Amendments to the International Building Code - Administration" is hereby amended as to read as follows: 17.04.040 AMENDMENTS TO THE INTERNATIONAL BUILDING CODE - ADMINISTRATION. The following local amendments to the International Building Code previously adopted in BMC 17.04.030 are hereby adopted and incorporated into the International Building Code: (a) General - Building code appendices adopted. Section 101 of the International Building Code, entitled "General," is amended by adding the following new subsection 101.5: Sec. 101.5 Building code appendices adopted. Appendices C, H, I, and J to the International Building Code are hereby adopted; however, the public works director shall have the authority to enforce and interpret Appendix J and, accordingly, all references to the "building official" in Appendix J shall be substituted with the words "public works director." (b) Duties and powers of building official - Lot lines and setback lines. Section 104 of the International Building Code, entitled "Duties and Powers of Building Official," is amended by adding the following new subsection 104.12: Sec. 104.12 Lot lines and setback lines. Notwithstanding the authority of the building official to administer and enforce the building code, the building official shall have no duty to verify or establish lot lines or setback lines. No such duty is created by this code, and none shall be implied. (c) Work exempt from permit. Section 105.2, of the International Building Code, entitled "Work exempt from permit," is amended by amending Building exemption number 2 as follows: 2. Fences not over 26 feet (I 829mm) high. 2 Fence Height Regulations (ed_) Board of Appeals. Section 112 of the International Building Code, entitled "Board of Appeals," is amended by substituting Section 112 with the following: Sec. 112 Board of appeals. The City of Bremerton hearings examiner is designated as the board of appeals in order to hear and decide appeals of orders, decisions, or determinations made by the building official relative to the suitability of alternate materials, design, and methods of construction and appeals of the reasonable application and interpretation of the building codes. Appeals shall be made as set forth in section 17.04.140 of the Bremerton Municipal Code. SECTION 3. Severability. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION4. 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 ., 2004 PASSED by the City Council the day of ,2004 DAREN NYGREN Council President Approved this day of ,2004 CARY BOZEMAN, Mayor ATFEST: APPROVED AS TO FORM: PAUL A JOHNSTON, City Clerk ROGER A. LUBOVICH, City Attomey PUBLISHED the day of ., 2004 EFFECTIVE the _day of ., 2004 ORDINANCE NO. R:~LEGAL\Ordinances\Community Development~Fence Height Regulations (with permit language).doc 3 Fence Height Regulations Minutes for Approval of Planning Commission Meeting June 17, 2003 I. Call to Order The meeting was called to order by Commissioner Kennedy at 5:35 p.m. II. Roll Call Those present were: Commissioner Buckingham, Commissioner Kosusko, Commissioner Nelson, Commissioner Wood and Commissioner Kennedy. Quorum certified. III. Approval of Agenda Commissioner Kennedy introduced the agenda. Mr. Hugo requested a revision to the agenda under the public meeting phase - switch la and lb, due to the fact that lead staffwas briefing the City Council. A motion was made by Commissioner Kosusko and seconded by Commissioner Buckingham to approve the agenda as revised. Called for a vote: Buckingham: yes; Kosusko: yes; Nelson: yes; Wood: yes; and Kennedy: yes. Agenda approved as revised. IV. Approval of Minutes The Regular Meeting of May 20, 2003, minutes were presented for approval by Commissioner Kennedy. A motion was made by Commissioner Nelson and seconded by Commissioner Wood to approve the minutes as written. Called for a vote: Buckingham: yes; Kosusko: yes; Nelson: yes; Wood: yes and Kennedy; abstained. Minutes approved as written. V. Public Meeting Commissioner Kennedy moved directly to the call to the public portion. A. Call to the Public (public comments on any item not on tonight's agenda). Seeing no comments from the public, Commissioner Kennedy closed this portion of the meeting and moved onto the public meeting portion. B. Public Meeting 1. Public Hearing: [Commentary notes are enclosed in brackets.] a. PL03-0018 - An ordinance amending Section 21.02.230 and Section 17.04.060(e) of Bremerton Municipal Code relating to fence height regulations and permit requirements. Commissioner Kennedy introduced this item and tumed the meeting over to staff, Mr. Hugo. Plaiming Commission Meeting June 17, 2003 Page 1 of 25 57 Mr. Hugo presented the staff report. He stated that the Commissioners had some background on this previously. This proposal is being brought in an attempt to correct some deficiencies of the fence regulations that are causing difficulty with compliance. There are also some issues of potential inequities and problems with property entries s that are not addressed in the code. The largest problem is that there are too many fence installations in the city that violate our standards for fences. This is despite the fact that over a year ago, staffsent out an appeal to all fence contractors in the area with a copy of all the cities regulations. We asked for their cooperation in all installations and that they adhere to the city's standards. We asked them to advise their clients that there are standards and that they, the contractors, carmot do whatever the client wishes - if it doesn't comply with the city's standards. Unfortunately that appeal has not been respected. Some of the companies that we ensured received the letter continue to install new fences that violate the code. The biggest issue is with height. The code is written around a very traditional, friendly neighborhood concept of fences. Higher fences are appropriate in back yards where there is a desire for privacy. But in fi'ont yards, we still hold to the notion of openness and having light and air come into our big picture windows and the front of our homes. Front yards then are limited to fences of no higher than three feet if they are solid and no higher than 42 inches it is a chain link fence. However, all over the city we see fences that are being built up to six feet and sometimes even higher, regardless of these limitations. In this proposal, you have a draft of the ordinance. The working draft did not get put into a hearing draft that would reflect some of the comments made by the Commission during the workshop on this item. The major changes to our ordinance, comes in two areas. The first is in 21.02.230, which lays out the dimensional standards for fences. There is a revised requirement in Section (b) that now limits the granting of a Type III Special Use Permit (SUP) for higher fences to side and rear yards. It also lays out a set of criteria, the first of which is that the fence or wall has to be shown necessary to provide privacy or security between a residential and a non-residential use. We have had people who wanted to put up an eight foot fence in the back yard just to get better separation from their neighbors. Perhaps the thinking is that maybe ifa higher fence (greater than six feet) is warranted that it should be to provide safety and security from a non-residential use. We should not be walling off the whole neighborhood with fortress-like, eight foot high fences. The Type III SUP is still available, but only in side and rear yards and it is only allowed if we are shielding between residential and non-residential use. The second area of change is in the design of the fence. The design will present a finished appearance on its outside face. We don't define finish. This is being proposed as a Type III. Mr. Hugo recommended that we keep it as a Type III. He said that this type of application should face a very high level of review. It shouldn't be anything that our staff reviews. It should go through an open, public review process where neighbors can comment on it. Part of that comment could be directed at the visual appearance of the fence. Will it be a neighbor-friendly fence? The hear/ng examiner should make the determination because of the variety of mater/als and styles Planning Commission Meeting June 17, 2003 Page 2 of 25 58 offences. Mr. Hugo thinks it would be very difficult to predefine this. However, the hearing examiner, based on experience, public comments and submittal of fence design could determine if an applicant has shown a good finished side of the fence to your neighbor or not. Mr. Hugo said that the City Attorney had reviewed this language and had no problems with it (finish) being an undefined tenn. So, he was not recommending any changes to this portion of the code. The third point is that an additional fence or wall height shall not detract from adjacent residential property owners' use and enjoyment of their property. This could be approached several ways. We could require property owners in the neighborhood to sign off on the proposal, giving their approval. He said that he didn't like that approach because you never know who the next property owners might be. People sell their homes. It should not be something that is voted on by the current community or the current profile of the community. It should be something that is found to be acceptable in long duration. To do that, people in the neighborhood should comment. The hearing examiner has to listen to those comments and decide if, over time, the people change is it likely to reflect the same type of comments that future neighbors will have. If they do, is this (eight foot fence) something that is really necessary? He said that the public comment and the hearing examiner reflecting on that comment is a judicious way to deal with the potential impact or consequence of higher fences. Mr. Hugo referred the group to Section (f'). This section is where we note that some people put nice architectural features into their entries such as trellises or entry gates. This ordinance now provides for that. He read directly from the draft ordinance: "...architectural appurtenances such as trellises or entry gates to define a walkway or driveway entry are allowed in a front yard up to 90" high, provided that no individual structural support for such features shall be more than 12" square in section, any gate shall not obscure more than 20% of visibility to the yard as viewed perpendicular to the gate's installation and iii) any entry feature greater than three feet in height shall not be more than sixteen feet wide for driveway entry." Ninety inches is not what you had during the workshop. It was 84" or seven feet. He said he bumped it up to seven and a half feet. He then mentioned that he had looked at some garden magazines and that the majority of the trellises were seven feet, some were higher. The standards for the entry way and drive way (iii) was actually tested out on a couple of our compliance cases - these are comfortable standards for what you would expect on a normal installation. He then moved on to Section 2. This section sets up the conditions for requiring a building permit for most fences. The only fences that will be exempt from the requirements of a building permit are fences not more than two feet high or fences that are temporary for construction fences. The temporary fences on construction projects tend to be put there for security and public safety. They are protecting deep wholes on the site, dangerous equipment, potential exposure to electrical, etc - these fences need to be over six feet high, just to keep people who don't have a right to be on the property off the site when it's not occupied. The only thing that is really critical in this section is under (2)(e), which reads: Planning Commission Meeting June 17, 2003 Page 3 of 25 "Work Exempt from Permit" A building permit shall not be required for the following: ..... 2) Fences a) not exceeding 2 feet in height, and b) fences not exceeding eight feet in height installed on a temporary basis, such as construction site fences, for a period not exceeding 12 months." If someone needed something beyond that (12 months), they could come in and ask for an extension. Extensions are common practice for all kinds of permits in our department. So if we have a major project, like our downtown projects that may take 18 months, we can accommodate that. He said this concluded the staff report and asked if there were any questions. Commissioner Kennedy asked if the Commission had any questions for Mr. Hugo. Commissioner Wood asked what happens when a person is half-way through a fence project that is non-compliant. She spoke ofa specific project on Pacific Avenue. Mr. Hngo answered by saying that if the department sees work going on that is out of compliance, even if it is a fence, we will stop-work it. We do it as quickly as we can because we can save the property owner money if we catch it early. This is one of the reasons for the building permit requirement. The requirement for a building permit allows us to stop and measure any fence activity we see to determine if there is an issue or permit requirement. If it is a construction fence that is not over eight feet, there is not a permit issue and not a compliance issue. Anything else, our field people can do a quick check and confirm that there is a building permit. If they don't have a building permit, then it is a stop-work immediately. Then they will have to come in and submit plans. The plans would have to be checked off as compliant and from that point on, they are directed down a safe path for them and a compliant path for us. In time, with enough public notice and public education, we will hope that most people will just come to our office, review their plans, pay their $50.00 permit fee and get started off correctly. The fee will be nominal, not much more than $50.00. Commissioner Kosusko asked if this was basically a bigger stick, an easier way to identify fences that are out of compliance. Mr. Hugo said yes, and that it also gets the contractors in the mode of working through a process. In business the typical contract will state that the contractor is responsible for securing all approvals and permits. That way, if we go back to the property owner about a fence that is out of compliance, the owner has recourse against the contractor. Contractors will not suffer too many of those setbacks before they all start following the roles. He believes this ordinance will be an effective tool to get us fence installations that are in compliance. Over time, it should reduce trauma in the community and reduce our workload for compliance. Commissioner Kennedy asked a question about the three foot maximum in the front yard. Why was the height a foot taller for cyclone fences? Mr. Hugo stated that in the current code it is six inches taller for cyclone fences. The reason is that they don't make 42 inch cyclone fence as a standard. They do make 48 inches. This is a policy call for the Planning Commission and the City Council. We put 48 inches in so that if someone says that three feet isn't tall enough to safeguard my child or keep my dog in the yard, they have the option of putting in a 48 inch cyclone fence. Forty-eight inches should keep in most smaller dogs and children. Strictly a reference to the safety issue, but there are aesthetic impact and if you don't think that is the right trade- off, go back to something else. Commissioner Kennedy stated that she thought it Planning Commission Meeting June 17, 2003 Page 4 of 25 would be nice to have that front height be the same for whatever kind offence you put up. There was a short discussion about the visual impact of cyclone fences and the safety issue of small children and pets. Mr. Hugo stated that when he briefed the City Council about this issue, they were not very sympathetic to increasing anything. There were proponents on both sides of the 42 inch versus 48 inch cyclone fence issue as well. Commissioner Buc 'kingham asked if there the 48 inches is the only standard height for cyclone fences or is there a standard 36 inch standard. Mr. Hugo said that he believes there is a 36 inch standard. Commissioner Buckingham then stated that this would not create an undue burden on people wanting to build fences if it were lowered to the 36 inch. Mr. Hugo agreed. Commissioner Kosusko stated that during the workshop they discussed conditions for fences on top of retaining walls or bulkheads. Where the measurement is taken? If the retaining wall is over 30 inches, the fence need to be almost guardrail height. Mr. Hugo said that yes, they had discussed that issue. He said that this is almost a bigger issue than we have the ability to take on right now. The Commission will need to come back to it. This is one of those gray areas in the code that needs some definition. He said that the staff will need to go out and look at some of the contextual examples that the Commission provided and come up with some ways that we can discuss it in the code that makes sense. Commissioner Kosusko asked how he thought this would be applied right now. Mr. Hugo said it would applied on a case by case basis and as consistent as possible. Commissioner Buckingham asked about Section (2)(e)(2)(a). Work exempt from permits, fences not exceeding two feet in height. He asked how this height was determined. Mr. Hugo stated that up to two feet could be like a little picket fence. If someone is doing that around their front yard, we would have no interest in that at all. It would be entirely decorative, cannot possible get in the way of views, and if one of our field people sees one of those going up, we won't worry about it. Now, if it goes up to about 30 inches, someone on our staffmay show up to measure it and ask if there is a permit. Commissioner Buckingham asked if there was an idea of what the 'nominal fee' for the building permit would be. Mr. Hugo said that he had mentioned $50.00 (about one hour work of staff time), which would be enough that the public would be compensated just for the permit recordkeeping. It would be a simple permitting process, but we would at least look at the plans and make sure that there are no violations regarding setbacks. We would look at a simple site plan and pay attention to it out in the field. Commissioner Nelson asked a question regarding community education. He wanted to know if we were creating any brochures or special documents to share with people. Mr. Hugo said that we do have brochures. He feels this is a community paradigm. People have seen folks build fences any way they wanted to for 50 years and believe this is normal business. So they are not inclined to come in and find out what the roles are, particularly if their fence contractor who ignores all the rules - which seems to be the model here. He spoke of one particular fence contractor who continues to violate Planning Commission Meeting June 17, 2003 Page 5 of 25 61 the rules. This upsets him since he wrote them a personal letter and asked them to stop doing it. They don't seem to care. Commissioner Nelson said that he didn't see the issue offence heights on busy streets or arterials being dealt with in this draft ordinance. Mr. Hugo said that this concept is one that he finds some favor with because he drafted something like that about ten years ago, for another city. It was adopted. He has looked at it again and said that it probably would not work in Bremerton. The idea was to look at our high volume, vehicular arterials like 11th Street, coming down towards Warren Avenue. Warren is a State travel route through the City. Allowing people who have residential properties along that street to build a higher fence to give them some screening from noise, litter, and high visibility of all the strangers going past their front yard. He discussed this with the City Council and they did not find favor with it. He said that he would not want to bring something forward that he believes will be "dead on arrival" when it comes from the Commission. Mr. Hugo stated that the Commission could bring it back up and put it in but that it was his clear direction fi.om the City Council that the idea of higher fences being allowed for noise buffers would not fly. When he reviewed the conditions included in the other city's ordinance, he doesn't think it could work here because of the environments that it dealt with were fairly degraded environments today. The kind of fence you would have been required to build in that other city probably would not have been built by anyone. The fences had to be solid or articulated with breaks in the fence, landscaping on the outside of the fence within those setbacks - it would have been a very expensive fence. Then the condition under which you could have that fence: you still had to have the ability to come out of your driveway and have enough distance to see up and do~m the sidewalk to make sure you weren't backing out and causing a pedestrian danger. There are rich enough place where people would do it because they have the money and the need for that degree of privacy. This problem is not addressed here; we haven't solved anything; and this is something for the staff and the Commission to figure out. They are bad environments. Conunissioner Nelson asked how we arrived at a $50.00 for the fee. He thought it was a little high. Mr. Itugo stated that considering the cost of a cedar fence that he doesn't think $50.00 is very much. People put thousands of dollars into fences and spending $50.00 to get it right is money well spent. That is what we are there for to make sure they get it right so that they don't have to back up. We have people doing thousands of dollars worth ofretro-fits on brand new fences. One guy down on Oyster Bay got a five or six foot high fence all around their property and had to cut three feet offofthat, re-do the rails. When they are done it will be well over $1,000.00. Without these changes, they would have had to take down about a $10,000.00 entry gate. Fifty dollars is a pretty good deal. Mr. Hugo says that it is fairly generic. There is probably 15 minutes of counter time; 15 minutes to check out the site plan; and then there will be a little bit of field time to make sure, as part of the official inspections, that everything is being done according to the plan. Commissioner Kennedy asked if there were any further questions for Mr. Hugo. Planning Commission Meeting June 17, 2003 Page 6 of 25 62 Commissioner Buckingham asked about the transition. Ii'someone were in the process of constructing a fence (that is conforming to the current code) when this ordinance is adopted, how would they be affected? Mr. Hugo stated that it'they are conforming, we would not expect them to come in now and get a permit. This would be from the date o£adoption. From that date forward, anyone who embarks on any activity would have to comply. Anyone in the process right now o£building a non- compliant fence, just like anyone else - we go out right now and stop-work them and get them to undo what they have done. Commissioner Kennedy opened the floor for public testimony. Mr. Loui Mitchell of 2333 l0b Street, Bremerton. He said that he was at juvenile court today addressing this very issue. He said that he is a victim of malicious mischief and has been for several years. Finally, witnessed and apprehended the .juvenile. The first instance, he got a quote from Viking Fence of $4,100.00. He said that he also has a bulkhead property that was referred to. He said that they (Viking Fence) did know the rules and regulations and quoted them to him. Mr. Mitchell said that the reason he was interested in getting a fence was not to keep .juveniles out for future incidents, but to keep his dog in. The second backup was to have a dog. On the street where he lives, there is lots o£traffic that comes from Callow Avenue and cuts off`to points unknown. He's had three trees broken off`at the base after replacing them a second time. He has had flowers and plants pulled out o£his front yard property. He knows that a 3-4 foot £cnce is too little to preclude someone interested in doing damage. They did apprehend a person who had a record. It continues and he said he didn't know i£he would get any compensation for the fence. Fences are expensive. Chain link £ences are cheap. He believes that the way this ordinance is written, it will encourage more chain link fences. He thinks the motivation is dogs, on his street there is a ton o£dogs. When a dog barks, all the lights come on and everyone looks out o£their windows. It is not an inconvenience any more - it is a benefit to hear a dog bark in certain neighborhoods. He described it as fortuitous that he has had that recent experience and is at the hearing. He said that he would need to keep at least a medium sized dog in his front yard, which is his intent and reason for getting a quote from Viking Fence. Even medium sized dogs are capable of jumping. Then he would have a liability. If the highest fence that he could install would be a chain link fence - he would have to weigh the unattractiveness of the chain link against com£ort and security. He would probably not put in the chain link and briefly described his home. He believes that many people would go £or the chain link fence which would actually increase what you (PC) are trying to prevent. Commissioner Kennedy then closed the public comment section and opened it back up to the Commission. Mr. Hugo said that he wanted to note that currently thc 42" chain link height is in the code. He has interpreted that to mean that it is okay to have a little bit higher £¢ncc as long as you can see through it. We have had some applications in which people Planning Commission Meeting June 17, 2003 Page 7 of 25 wanted to have a wood fence that was higher. He has told them they could not go higher than three feet if the fence is solid. However, they could go to another six inches with a top rail that is only supported every four feet or so. Still that top six inches is as transparent as a two inch tube rail across the chain link fence. The only reason for that distinction was one of transparency. So, if you go away from the 42 inches, it take away his ability for this interpretation allowing another six inches of decorative wood-style top on a solid fence. He said he would do the same thing with the 48 inch height chain link fence. However, it is easy at 42 inches and not so sure it would be as easy at 48 inches. There was a short discussion about the height, solid versus transparent, and definitions. Commissioner Kosusko stated that we have to decide what is important. Is it more important to have an aesthetic pleasing streetscape or that someone can have a barking dog at the sidewalk barking at you when you walk by. He thinks that if everyone is participating in their street front and it is attractive/inviting some of these issues of vandalism start to go away. This, in his mind, is a more proactive way to handle it rather than allowing someone to build a higher barrier. After a short discussion the consensus of the group was that the maximum height should be 36 inches, no matter what it is made of. This discussion included the desire for a more "walkable" city as mentioned in the draft Comprehensive Plan and the arterials and canyon like streetscapes. Mr. Hugo stated that the SEPA Determination regarding this item will not be official until two days hence. He asked the Commission to continue this item until the next regularly schedule meeting and take final action one month from now. A non-project DNS (Determination of Non-Significance) will be issued. There won't be any substantive issues with SEPA. We didn't quite make the publication date so we need this item continued. Commissioner Kennedy closed the discussion on this item and asked for a motion. A motion was made by Commissioner Buckingham and seconded by Commissioner Kosusko to continue PL03-0018 - An ordinance amending Section 21.02.230 and Section 17.04.060(e) of the BMC relating to fence height regulations and permit requirements - until the next regularly scheduled meeting (July 15, 2003). Called for a vote: Buckingham: yes; Kosusko: yes; Nelson: yes; Wood: yes; and Kennedy: yes. Motion carries. b. PL03-0027 - Consideration of an ordinance adding a new section 21.~.2,350 to the Bremerton~Municipal Code entitled "Wireless Teleco~~a_c.i. lities." The proposed section would add siting standards an_....d-t~rm'~ing_ pr..ocess requirements for the placement of wireless tel~es in~u_ding antenna arrays on existin~ stm~ tow. elsI' .Within t~,Cit~ ofBiTy~I m and then tumed the floor over to Mr. Planning Commission Meeting June 17, 2003 Page 8 of 25 64 Minutes for Approval of Planning Commission Meeting July 15, 2003 I. Call to Order The meeting was called to order by Commissioner Kennedy at 5:32 p.m. II. Roll Call Those present were: Commissioner Cockbum, Commissioner Nelson, Commissioner Wood and Commissioner Kennedy. Quorum certified. III. Approval of Agenda Commissioner Kennedy introduced the agenda. A motion was made by Commissioner Nelson and seconded by Commissioner Wood to approve the agenda as written. Called for a vote: Cockbum: yes; Nelson: yes; Wood: yes; and Kennedy: yes. Agenda approved as written. IV. Approval of Minutes The Regular Meeting of June 17, 2003, minutes were presented for approval by Commissioner Kennedy. A motion was made by Commissioner Nelson and seconded by Commissioner Wood to approve the minutes as written. Called for a vote: Cockbum: abstained; Nelson: yes; Wood: yes and Kennedy; yes. Minutes approved as written. V. Public Meeting Commissioner Kennedy moved directly to the call to the public portion. A. Call to the Public (public comments on any item not on tonight's agenda). Seeing no comments from the public, Commissioner Kennedy closed this portion of the meeting and moved onto the public meeting portion. B. Public Meeting 1. Public Hearing: [Commentary notes are enclosed in brackets.] Planning Commission Meeting July 15, 2003 Page 1 of 7 65 a. PL03-0018 - Continued. An ordinance amending Section 21.02.230 and Section 17.04.060(e) of Bremerton Municipal Code relating to fence height regulations and permit requirements. Commissioner Kennedy introduced this item and turned the meeting over to staff, Mr. Hugo. Mr. Hugo stated that this was presented to the commission at the last regular meeting. It was continued because we hadn't completed the SEPA comment period yet. It concluded two days after the last meeting. That comment period has now been concluded and a Determination of Non-significance has been issued. We have also mn through the 60-day agency review period stipulated by state law for state agency comment. It is, therefore, timely for the commission to take action on this item. He noted fi.om the minutes that there was commission consensus to limit the height of all fences in the front yard setback to three feet, regardless of the type offence material. This is referenced in provision 21.02.230(a)(1)(ii), which currently reads, "Maximum height within front yard setback area shall be three feet, except in open mesh cyclone type fence may not exceed a height of 42 inches." When presented for public hearing the staff had proposed the cyclone type fence be allowed up to 48 inches. After the commission's discussion there was a suggestion that all fences should be limited to the same three foot height limit in the front yard. That is where the staff report stands at this time. Commissioner Kennedy opened the public hearing portion for this item. She explained the procedure of public comment. Seeing no public comment, she closed the public comment portion and opened the floor for comments and questions from the Commission. ~ Commissioner Wood stated that she thinks the three foot [limitation] across the board -~1Ky seems to be more appropriate. ~¢~0~~ A motion was made by Commissioner Cockburn and seconded by Commissioner Nelson to recommend that PL03-0018 as amended [21.02.230(a)(1)(iii) limiting fence heights in the front yard setback area to three feet regardless offence material] for adoption to the City Council. Called for a vote: Cockburn: yes; Nelson: yes; Wood: yes and Kennedy; yes. Motion carries. b. Pursuant to State o f Washington Growth Management~.,~et'f, as detailed in thc Revised Code of Washington (RCW), Section 36.70A.03~--T~e public .hearings before the Planning Commission and later, before th.f,.C~ Council, provide an explicit opportunity for public reviewing potential revisions to the citT's comprehensive plan.~? Commission_ _ . ces. s ofth.e.?.ublic hearing. She explai~here.will be .an opportunity for p~~~en,t~sti,mony, can be accepted .~6~~o ss oner Buckingham had arrlveA. Planning Commission Meeting July 15, 2003 Page 2 of 7 CI Y COUNCIL 0FFICE From: Eric Younger ?I'£ ~__~!0~ ~ To: Darren Nygren, CJ~ Council President r~i~ di~ Note: Responses from DCD in italics As promised, here are my questions from Wednesday's council meeting. As agreed upon. a wri~en response from the appropriate ~ity o~cials is requested. 1. This item was brought to ~ouncil ~ommi~ees on 6/30/0~ for presentation at the ~ouncil meeting the following week. What is the reason for the one- year delayT Following Council Commiffees and dimction by the Council to revise the draft for hearing, the item was pulled from the agenda a few days prior to hearing. (Staff has never been informed of the reason.) 2. If implemented, what will be the fiscal impactT Mr. Hugo mentioned a $50 permit fee with the rest of the cost of the program to be paid through the General Fund. Is the ~ouncil prepared to increase the budget to pay for this program7 This is a maffer of internal time managemenL DCD will spend less time chasing violations and those savings will offset the residual cost (after fees) of project review and inspection. ~. Does the D~D have any idea how ~any fence permits would be issued on a yearly basisT There is obviously no statistical histo~, but 2-3 per month is a ballpark figure. 4. The staff repo~ mentions that there are good arguments not to require a fence permit. Please provide the pros and cons. Pros: save citizens the expense of removing potions of recent investments; avoid neighbor confrontations over illegal installations; reduce DCD expense of non-compliance actions; inform neighbors and ci~ staff that new installations meet code. Cons: applying for a permit will take an hour of someone's time; the cost of a permit, whatever the Council determines it to be. 5. Will a waterfront homeowner that is required to obtain a fence permit also have to pay the $2,000 plus shoreline permit fee just to build or repair a fence on his property? The proposed fence permit will be a requirement under the building code and it will implement revised rules that already exist in the Zoning Code. There will be no cost or regulatory effects associated with Shorelines other than those that currently exist. 6. Why isn't the current fence ordinance being enforced? It is being enforced, after the fact of installation. That is the whole point of the proposed permit. . . to be proactive with this issue and catch problems before they are created (not unlike other building permit requirements). 7. When was the City's current fence ordinance enacted? Were there any standards/requirements before the enactment of our current fence ordinance? If so, what were the standards? The staff has not had time to research this yet. 8. What will be done about existing fences not in conformance with the BMC? Approximately how many properties within the City are not in compliance? Does this include any City-owned properties? Owners of non-conforming fences may be able to prove grandfather status with photos or other documentation. Those fences that are not grandfathered may be subject to compliance actions if a citizen submits a complaint. The City has no inventory offences. 9. Page 2 of the staff report has the statement "But in front yards, we still hold to the notion of openness and having light and air come into our big picture windows and the front of our homes." Who is we? Is the person who made this comment at least a City resident? This comment has been made by Planning Commissioners and several Council members. It is mostly just a statement of common sense.., it is the way that most subdivisions are designed today- apparently a reflection of what people still expect. 10.The staff report indicates it would be wise for the hearing examiner to determine what is an acceptable finish on a case-by-case basis. Is it good policy to let a hearing examiner, who does not live in our community, determine our community's standards? Instead, shouldn't he have objective criteria to apply which I thought was the purpose of implementing the hearing examiner in the first place? The "good neighbor" design of a HIGHER fence that may be requested by a Special Use Permit is one of the proposed criteria to guide the Hearing Examiner's consideration on this application. This and other criteria are proposed additions to the existing ordinance - there is no mention of this in the Staff Report. 11 .The staff report indicated that this permit measure was aimed to get at fence contractors. What prevents the contractor from continuing to do business as they have by putting in their contracts that the customer bears the responsibility for securing any applicable permits? The Staff Report makes no statement about who the permit proposal is "aimed at." Legally, the property owner is the only entity responsible for complying with development regulations. The owner may specify that the contractor secure all necessary permits and approvals, but the accountability remains with the owner. 12. If a person builds a fence that is not in conformance with the code will they be required by the City to make corrective actions to bring it into compliance? Does the City, in making its code enforcement decisions, make a determination whether the cost to bring the property into compliance is too high for the infraction involved? Yes, the City has pursued many successful corrections through compliance actions. No - the Courts will not allow arbitrary judgments of "cost/benefit" into the compliance equation. Either the rule is met, or the project is subject to correction. 13. My understanding is the City does code enforcement on a complaint basis. If a complaint is filed, and the property is found not to be compliant (and does not qualify as a non-conforming use exception) will the City enforce the code? Yes, consistently. There are several recent examples of this performance. 14. With the proposed 36" height limits, large dogs are more apt to escape from their yards. Will the City be found liable (for resultant damages due to the dog escaping) since the property owner was limited to an insufficient fence height by the City's fence ordinance? This is a question for the City Attorney; however, there is no inherent "right" to a fence -just as there is no inherent right to a swimming pool in the front yard. These standards are all set by local legislation based on local policies. The suggestion for those with large dogs is to fence them in the rear yard- one of several options that dog owners can consider. 15. What about repair of existing fences? Will a permit be required? How about repair of an existing, legally non-conforming fence? Will this be allowed? The code already has provisions for maintenance and repair of grandfathered uses under the Non-Conforming Uses section. No permit will be required to repair a fence. Building and Development Specialist 280 Fourlh Street jlunceford~ci.bremeKon.wa.us Bremerton, WA 98337 June 12, 2003 Jackie D. Garrett 1347 Rainier Avenue Bremerton, WA 98312 re: t347 Rainier, file #C03-342 Ms. Garrett: While inspecting another property in the neighborhood, I noted a fence on your property located at 1347 Rainier Avenue exceeds the maximum height allowed by the Bremertun Zoning Ordinance. The Zoning Ordinance allows wood fences to be a maximum of three (3) feet in height in the front yard setback of any residentially zoned property. Because your property is on the corner, you are considered to have two front yards; one on Rainier and one on 15t~ Street. Since your fence is more than 3 feet in height, it is in violation of this regulation. At this time, we would like to offer you the opportunity to voluntarily abate this condition without the need for official action from our department. We will reinspect the site in 2 weeks to verify compliance with this request. If you have any questions, you may contact me at (360) 478-5213. Sincerely, Janet K. Lunceford ' Building and Development Specialist -~L,~~'''-~''~ Garrett Jack KPWA From: Janet Lunceford [jlunceford@ci.bremerton.wa.us] Sent: Tuesday, June 22, 2004 9:08 AM To: jgarrett@kpt.nuwc, navy. mil Subject: Fence Ordinance Mr. Garrett--! promised you and your wife that I would let you know when the proposed fence ordinance would go before the City Council. The ordinance has finally been scheduled to have its first reading on the July 7th agenda,at 5:30 pm in the City Council Chambers. The Director of Community Development will present the ordinance, which will require that permits be obtained prior to installati~,n of fences. The provision of the zoning code that prohibits wood fences in excess of 3 feet in height in the front yard is not proposed to be changed and there will still be a provision that allows a property owner to apply for a Special Use Permit for a higher fence; the difference will be that the criteria for approval of an SUP will be "tightened up" and approval will be harder to obtain. I encourage you to come to the meeting and explain to the Council how corner properties such as yours would be impacted by the ordinance. If you can't come personally, you can write a letter to the Council and ask that it be read into the record. Feel free to call me if you have any questions: 473-5213. Page 1 of 1 Garrett Jack KPWA From: Janet Lunceford [jlunceford@ci.bremerton.wa.us] Sent: Tuesday, June 17, 2003 10:49 AM To: JGarrett@kpt.nuwc.navy.mil Subject: Re: Fence Requirement This is not a criticai issue right now, Do whatever you need to do for your family If your neighbors have something from the City from the street widening project, it would probably apply to you even if YOU don't have a copy on your title. If you can get it to me within the next 6 weeks, that would be fine, Please don't think that I don't understand the problem with the dog and the landscaping; you have not been singled out, there are numerous fence height issues in the City and I'm laking on a few at a time. >>> Garrett Jack KPWA <JGarrett@kpt.nuwc.navy.mil> 06/17/03 10:12AM >>> Ms. Lunceford, As far as we can find out so far, during the time period when 15th Street was widened, the city entered into an agreement with some of the homeowners that they would erect the fences due to the loss of property and that the homeowners would maintain the fences, I will look into the city records to confirm that. I do in fact have neighbors on 15th that do have the same agreement and from what I understand do know where I can find the paperwork given a little time, It however will have to wait until I get back from getting my Father-in-law I really would appreciate it if you could stop by our home and look at our back yard. I think you would understand the horror that we are going through at the thought of lowebng the fence. We have a pond, many valuable plants, an open patio with all of our yard and gardening tools and a 10 year old female German Shepherd. We have always tried to maintain our propedy in the highest possible manner as to not detract from the beau!y of our city We have been block watch captains since we moved into this house in 1989. We work really hard to make this city a safe place to be proud of and I guess we are both wondering why we are being singled out when our fence is stained, well maintained and rehects pride of ownersmp and w,llun a few blocks either side of us there are run down shanties that should not be allowed to house animals much less people. I also drive to and from keyport to work each day and along wheaten way there are fences that are as high as mine with blackberries, stinging nettles, and who knows what else growing over them and they have been there for as many years as we have owned our home I am truly sorry for my initial message on your answering machine, but if you had any idea of the work that has gone into this small place to make it what it is today, I think you would understand why I was so upset that someone was going to destroy what we have worked so hard to create. Thank you for your time. Mr. Jackie D and Mrs Teri C. Garrett 7/03 DATE SUBMITTED: BILL # ~4 - I AGENDA BILL CITY OF BREMERTON 5~ CITY COUNCIL SUBJECT: Resolution regarding approval Committee Meeting Date: June 23, 2004 and ratification of Kitsap Conference Center COUNCIL MEETING Date: July 7, 2004 at Bremerton Harbor Side Change Orders Department: Economic Development Presenter: Gary Sexton Phone: 473-5282 SUMMARY: Expenditures in the form of contract modifications related to the Kitsap Conference Center at Bmmerton Harbor Side have been approved by the Director of Economic Development and the work detailed in the contract modifications has been completed and pursuant to Bremerton City Code 2.76.500(a) the City Council must approve change orders of an aggregated value exceeding $250,000. ATTACHMENTS: Resolution and contract modifications FISCAL IMPACTS (Include Budgeted Amount): unknown APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: (~ '~(~'x-.--~-.~ ~.) CONSENT AGENDA [] OPERATIONS: COUNCIL PRESIDENT: RECOMMENDED MOTION: I move to pass Resolution No. ~ ~ 3 [approving and ratifying contract modification expenditures for the Kitsap Conference Center at Bremerton Harbor Side. COUNCIL ACTION: ['"] At?nrove I--I Denv [fi~ Table [--I Conlinlm [~1NIc~ Ar'finn RESOLUTION NO. ~ ff 3 t A RESOLUTION of the City Council of the City of Bremerton, Washington, approving and ratifying certain expenditures related to the Kitsap Conference Center at Bremerton Harbor Side. WHEREAS, expenditures in the form of contract modifications in the amount of $1,944,999.00 related to the Kitsap Conference Center at Bremerton Harbor Side have been approved by the Director of Economic Development and the work detailed in the contract modifications has been completed; and WHEREAS, the City Council pursuant to Bremerton City Code 2.76.500(a) must approve change orders of an aggregated value exceeding $250,000; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION L Approval and Ratification. Pursuant to Bremerton Municipal Code 2.76.500(a), the City Council authorizes and ratifies the payment of the contract modifications totaling $1,944,999.00, copies of which are attached as Exhibit A, and further directs the Department of Financial Services to issue payment as appropriate to the contractor for the value of the contract modifications. SECTION2: Severability. If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 3. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. PASSED by the City Council of the City of Bremerton, Washington this day of ,2004. DAREN NYGREN, Council President APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney PAULA JOHNSTON, City Clerk RSLEGAL~Resolutions\conf center change order.doc 1 Conference Center Change Orders Office of the City Attorney Roger A. Lubovich, City Attorney Memorandum TO: City Council From: Brett C. Vinson, Assistant City Attorney RO: Conference Center Change Orders Ilato: June 21, 2004 It has been brought to my attention that Exhibit A to the proposed resolution regarding Conference Center change orders is ambiguous and hard to follow. Below is a list of change orders identifying the eight change orders attached as Exhibit A to the resolution and their respective dollar amounts. Change Order Amount Kitchen layout $11,536.00 Mod 13 $399.00 Fountain $1,686,477.00 Site AV & electrical $99,831.00 Mod 17 $0.00 3 Additional Circuits $855.00 SSR#18 Rev. 1 $50,895.00 Bond Costs $95,006.00 TOTAL $1,944,999.00 Exhibit A OCT 1,2003 CHANGE ORDER #1 - 10-1-03 Project: " Kitsap County Conferenc~ Center Bremerton, WA (425) 519-B811 Fax: (425) 864-5997 ' From: To: Jeff Winter Michael Hlastala Bargreer) Eilin~'son Inc. OPUS Northwest 1275 M e'cer Street 915 - ~ 18th Avenue SE Seattle '/VA 98109 Suite #300 (800) 522-0131 Fa>:: (2_06) 682-2367 Bellevue, WA (425) 519-6811 Fax: (425)864-5997 The following is a recap of the changes to our contract made as indicated on the correspondence dated September 26[h and the email from Bob Taylor September 30th. Please feel free to contact me with any questions. Thank you, item Qty Desoripdon Sell Each 23 1 ea RANGE, GAS, HEAVY DUTY, 36" 4,120.00 Wolf Range Model No. KFS-6J-27 Range, 36" Commander Heavy-Duty, Gas, 6 (30,000 BTU) open burners, convection oven base, 1-1/4" front manifold, s/s front, bullnose, stub back, black epoxy powder coat sides, 6" adj. legs 1 ea LP gas 1 ea Rear gas connection (1-1/4" tailpipe and 1-1/4" pressure regulator 285.00 1 ea 115v/60/1 std. (nc) Bargreen Ellingson Inc. OCT 1,2003. Kitsap County Conference Center Item Qty Description Se~l Eacl 1 ea 120v/60/lph, 7.2 amps, 1/2 bp, cord w/3-prong plug, per deck Extended Total for item No. 32.2 4,691.00 32.3 1 ea EQUIPMENT STAND Cleveland Range Inc. Msdel No. ES21301 -828.06 Equipment Stand, open sliding shelf base, stainless steel, one set of pan racks, adjustable legs (for models 2'I-CET-8, 21-CET-16 & 21-CGA-5) 35 1 ea DISH STORAGE SHELVING Metro Mode~ No. CUSTOM Dish Storage Shelving to consist of the followin"g: 1 3 ea PCD 11A "Poker Chip" Dish Dolly, 26-5/8" X 31-7/8" X 26-5/8", -654.00 adjustable, dish size 4-1/4" to 11-3/4", removable towers, two-handed access, foam core, resistant to cracking, peeling & chippir]g, polymer construction 1 It FREIGHT Freight for the above units -325.38 Extended Total for Item No. 35 -8,827.38 41 I ea FLOOR TROUGH Advance Tabco Model No_ FFTG-1254 1,234.00 Floor Trough, 12"W, 54%, 4"D, w/fiberglass grating, s/s removable beehive strainer, 4" O.D. waste pipe 4%, pitched towards waste 54 4 ea CART, DiSH Metro Model No. PCDllA -654.00 "Poker Chip" Dish Dolly, 26-5/8" X 31-7/8" X 25-5/8", adjustable, dish size 4-1/4" to 11-3/4", removable towers, t~vo-handed access, foam core, resistant to cracking, peeling & chipping~ polymer construction I It FREIGHT Freight for the above dish dollies. -238.64 Extended Total for Item No. 54 -2,854.64 ' 62 1 es DISHTABLE, CLEAN 721.00 Advance Tabco Model No. DTC-S30-84R Straight-Clean Dishtable, left-to-right, 10" backsplash, 3" rolled front & side rims, stainless steel legs, with stainless steel crossrails, 83" long, 14/304 stainless steel 62.1 1 ea CLEAN DISH TABLE -- TRS Company Model No. 02-2319-62 -1,752.00 Clean Dish Table Bargreen Ellingson Inc. /MO OCT 1,2003 Kitsap County Conference Center Page 4 of 4 BP-,EMC01 Item Qty Description Sell Each Sell Total 63.1 1 ea WALL FLASHING 9tl.00 911.00 TRS Company Model No. 02-2319-63 In Original Quote - S/S Wall FIashing. 84.1 1 ea WALL SHELF 810.00 810.00 TRS Company Model No. 02-2319-64 In Original Quote - S/S Wall Shelf. 65 1 ea SINK, THREE COMPARTMENT 2,071.00 2,071.00 Advance Tabco Model No. 94-23-60~24RL Regaiine Sink, three compartment, w/left & right-hand drainboards, 20" front-to-back x 20" W-compartment, 14" deep, with 10" high splash, s/s open frame base, boxed crossrails, 24" drainboards, s/s bullet feet, 14/304 stainless steel 3 ea K-18 Drain, lever operated with built in overflow, 2" IPS 162.00 486.00 3 ea K-4 Support Bracket, for lever drains on sinks 45.00 135.00 Extended Total for Item No. 65 2,692.00 86 1 ea PRE-RINSE UNIT 228.00 228.00 T& S Brass Model No. B-0133-B Pre-Rinse Unit, 8" O:C. wall mounted faucet, 1/2" IPS female eccentric flanged inlets, 34"H, 15" overhang, 18" riser, B-0107 spray valve, B-0044-H flexible stainless steel hose, B-0109-01 8" wall bracket 1 ea B-0156 Add-On Faucet, for pre-rinse units, 12" nozzle, includes 3" 57.00 57.00 nipple, for pre-rinse units 1 ea B-0231 Sink Mixing Faucet, with 12" swing nozzle, wall mounted, 8" 93.00 93.00 centers on sink faucet with 1/2" IPS eccentric flanged female inlets, lever I~andles Extended To[al for Item No. 68 378.00 Total 650.98 Grand Total 650.98 Bargreen Ellingson Inc. ~3,.'2084 !7~ 57 13~04735~0 K,~H~ ~0~ NTAiN CBt~_NGt~ ~ of~ 2nd ~y of Fe~C04, ~evelop~r ~d Lma~ Ag~n~y a~ee as follows: 1. Consn~ction for plma foden ~d sm~ f~ as issued by WET Des i~ will co~n~e ~ediately ~ th~: follo~g c~ges to ~c c~t~ a~'eement. a. ~us will ~ ~e f~'~ ? cost ~d ~thoke C,)m~c~on F~ ~d Con~fio~ [0~ m~k4ips). Opus will add ~s 1.5% :~0I ~d 8.5% WaST zo sub/c onsulz~t co~ ~crc ~ Say.ga ~at :~v~to Br=m~non a~.r ~ ~pktpar th~ Con~ ~ Br~m~n ~ pay Opu,~ (2om ~k o~ Br~mc2om ¢lavi=g~) ~ 4.5% F~c for all h~d ~d ~o~ ~ET ~bs ~c as ncEodatcd by Lc~ AE~cy~ ~cEazd' ng ~.T La b~ ~c A~ecm~ts Op~ is actk~g ~ Agent for pa~t of s~ces_ ~T Labs Inc ~ ~SS ~OF, ~e p~es h~sm have executed t~s ~ge Order ~e d,ay ~d ~ ~ above ~e Develops, By Its AU~z~ ~eprescnttvc Opu~ Northwest LLC WET ~lgn Contra~ held by Opus Fountain CO Te~s Fee Without Fee Op~s Hardm~ (~Udget e~ma~e to date) - $681,471 $681.471 WET Design hardco~ $706,000 $70B.000 OpUS B&O T~ ~ I 1/2% - $19.988 $0 Subtotal hardcos~ $~,352,~14 ' Opus Fee ~ 4.~% $80,883 (380.a63) $0 ~T o~ hardco~ (~5,173) $114,e64 Total Hard~'0S{S $1,533,5¥4" To~l hard and so~ cos~ "' $~,782,359 (~5,8gl) ~~' VICE PREVENTIVE MAINTENA. NCE DESIGN ' cQNSTRUC~i'tON · SER "' LIGHTING MAINT~NANOE ' ~N~RGY MANAGEMENT ' OOMMUNIG~TIONB J~nua~ 27, 2004 OPUS No~hwest Mr. Brian Fy~ll . 916 ~Sth Ave. SE, Suite SOO Bellevue, WA 98006 Fax: (426) 5~9-6800 Re. Kitsap County Convention Center infrastructure and Pl~z~ Audio System Rev.3 Electrical proposal Sexton in Dear Brian, ' We have restructured our previous proposals to meet the scope requested by GaW the Analysis Pla~ Audio Notes emailed 12-16203 and our meeting with Gaw last week. We have followed the Owners requested changes except we hav~ increased the guard rail speaker ction also inc uded remowng all speakers from planters on +~ ~14% This dire ........ ~=m will work well except that areas of counts from (10) ~u~ A~V subcontractor believes tn~ ~3¢-~ in the planters will now the upper plaza. the upper plaza walkway that would have been covered by speakers While we did not model the coverage, it becomes have much lighter or non-existent coverage, ares no~hward from the pre~ dear that if we odly have speakers in the western railing that southern ramp, we will lose some coverage as the plaza area enlarges toward the upper fountain- The plaza areas from the where the railing ends at the top of the stairs east to the fountain will not have much sound, as we will not have any speakers in that area. We propose to provide and install the following: 1. (7) 50A site receptacles - (2) in floor boxes 2. AV Room power, L.V. Sleeving, Mechanical Connections, Fire Alarm & Lighting 3. power Distribution for site AV room 4. Change AV Vendor to Lump sum. Providing ~ Electrical Services Seattle Branch 21919 20~ Avenue SE-, Suite 200, Bothell, WA 98021 Phone (425) 483-6869 · Fax (425) 488-614-4 81 Valley F~iestric hdi. astrucmrs and Plaza Audio System Rev. 3 General ~ ~ OgM's General 1/ Warran~ General 1 6 Month and End of Warranty Period Checkout NPUT SOURCES ,, ?':-. :~.-~' CD 1 Denon DN-600F CD Player Tuner 1 TOA DT-920 Receiver W/MB-DT920 Rack Mount K Mixer 1 Biamp 601 Source Mixer DSP 1 Mackie DX810 Digital Signal Processor RVC 1 Mackie DX-RVC Remote Volume Control RVC 1 MacMe DX-SW4 Select Control Fountain Amplifiers 2 QSC 204V Power Amplifier =ountain Amplifiers 1 QSC CX902 Power Amplifier Fountain Am plifiers 2 QSC 302 Power Am plifier Promenande Amplifiers 1 QSC 204V Power Amplifier Marina / Channel Amplifiers 2 QSC 1SA-750 Power Amplifier Misco JC8WP8HT70 Weatherproof Light Base Speat Type 1 Light Sase Speakers 14 and Transformer Type ~ Light Sase Speakers 14 Atlas VP161-8 VP Grille (Custom Mountto Light Base Type 1 Light Base Speakers 14 Custom Designed Light Base Speaker Encbsure Type 3 Promenande Speakers 6 Atlas SM-52T-B Surface Speaker Type 4 Promenade Speakers 3 Atlas SM-82T-B Su~ace Speaker Type 5 Marina / Channel Speakers 7 Community R.5-HP High Output Speaker JBL Control-30 Surface Mounted Fountain Mid/High Type 8 Fountain Speakers 10 Speaker and Mount Type 9 Fountain Speakers 5 JBL SB210 Su~ace Mounted Fountain Subwoofer Misco JC8WP8H%70 Weatherproof Speaker and Beezeway Ceiling Speakers 3 Transformer Beezeway Ceiling Speakers 3 Atlas 95-8-5 Enclosure Beezeway Ceiling Speakers 3 Atlas 62-8W Grille Field Cable 2 West Penn ~226 Speaker Wire Field Cable 2 West Penn ¢C210 Speaker Wire =etch Panel I 11 position XLR Patch Panel Cable & Connectors' 1 Internal Rack Cabling and Connectors Wireless Mic 1 Sennheiser Wireless Handhold Microphone ~ack 1 Middle Atlantic DWR-35-22 Wall Mounted Equipment F Rack 1 Blanks and Vents Rack Power 1 :ower Distribution Rack Grounding 1 Copper Bus Bars and Grounding Lugs for Racks Misc. 1 Panduit Internal Rack Raceway Labelin~ 1 Custom Laser Engraved Equipment Labels and Panels Commissionin9 Pre-Energizing Tests ~r Verification Tests Commissioning I System ~m~ Commission?g VMlc' Electric J~nfrastructur~ and Plaza .&udio System Rev. 3 Commissioning I Amplifier Level Adiustmeots Commissioning I Final Tweek and Adiust Commissioning Final Acceptance Tests W/ Owners Reps. Commissianin.q User Instruction - Site Commissioninq Onsite Event Support for First Event Travel Allowance I Travel and Per Dieum Exclusions: ~. (4) boxes in upper railing for speakers- see detail 5-A~01 2. Telephone, Data or Coax cabling to floor boxes 3. Connections to WET Design Pumps or Lighting 4. 360 systems, TCR8 Multi-track player both provided by WET Design. 5: OPUS or Mac-miller costs orfees Total $ 92,272.00 Alt. 1. Delete (7) Type 5 Channel Speakers, cabling and associated amplifiers ($ 8,723.00) If you have any questions or require further information, please contact me at 425.483.6869. Sincerely, ~0~ Derlson Design Build Manager 3 Kitsap County Conference Cent-er Kitsap County Conference Center Bremerton, WA (425)519-6811 Fax: (425)864-5997 Jeff Winter Bargreen Ellingson Inc. '1275 Mercer Street Seattle, WA 98109 (800) 525-0'13'1 Fax: (206) 682-2367 BRESTEAM ; M od ~ h:;21-C ET;'I 6 Cle~land ,, SteamCraft® Ll/tra 5 A ODEL' [] 21-CET-16 COUNTER TYPE DESIGN PRESS UREL ESS CONVECTION STEAMER ELECTR/C S TEAM GENERA TOR, 16 KW C/eve~ant/Standar[/Features ITEM NUMBER JOB NAME / NUMBER ·Cooking Capacity for up to five 12- x 20" x 2~" deep Cafeteria Pans. · Innovative PowerPak Electric Steam Generator: Two Special Stainless Steel Fire Bar Heating Element. Strong 14 Gauge Stainless Steel Construction. Large 5 gallon genera- tot reservoir for faster steam cooking production. Fully insu- lated rear mounted steam generator. Easy Access Cleaning Port: Generator Cleaning Port located on the outside, top of the unit. Not necessary to remove hot panels orpan rack guides. · Generator Cleaning Light: Indicator Light located on the front of the unit warns operator it is time to de[ime genera- tor. · Instant Steam Stand By Mode: Hold generator at a steaming temperature. Allows unit to start cocking instantly. · Durable 14 Gauge, Stainless Steel Construction: For compartment door, cavity and steam generator. · One 60 Minute Electro-MechanicaITimer and Switch for manual operation: Audible signal for cooking time completion. · Main Power On/Off Switch: With Automatic Water FilL · Exclusive Steam Cooking Distribution System: Maintenance Free Exclusive Brass Steam Jets produce a high velocity convection steam without fans. Coved Corner ;hown with optional design in cooking compartment distributes heat evenly, and is easy to keep clean. Creased tap & bottom enhance drainage. Cold water condenser behind drain maintains a dry steam. Fully Insulated cooking compartment for thermal Shallbe CLEVELAND, SteamOTa~' TL~.i:ra 5, one efficiency. P, emovabie Stainless Steel Slide Racks for easy Counter-Type Steamer, Model 21-CE7--15, __w cleaning. __Hz, 3phase, heav}/dutyall StainlessSteelcor · Automatic Generator Drain: Contains a "Water Jet" Spray mounted, insulated Steam Generator with Re/no; F~.Jnse Drain Cleaning Cycle to keep drain clear. Water Level Controls and Automatic Steam Generz · Exclusive Automatic Remote Probe Type Water Level · Exclusive "Cool to the Touch"Two-Piece Compartment ~1 ON/OFF Steam Switch for compartment cont Door Design: Free floating inner door with reversible gas- [::1 Equipment Stand (ES21301) ket provides an air tight seal. Stainless Steel Siam/Latch Door Latch mechanism for reliability. ~ 4' Stainless Steel Legs (LF4) · Left Hand Doer Hinging: Compartment Doors hinged on E3 Equipment Stacking Stand ShelfType (ES24z the left, controls on the right. E~ Dissolve' Descale Solution, 6 one ga[ion con markings (106174) · Available in moat voltages, three phase or~ly. ~ Cafeteria Pans in depths of 1~, 2~" and 4- ~Options & Accessories ~ water Filters E~ Right hand Door Hinging, Controls on the Left (DHR) E3 ~lectronic Timer with Compensating Load Feature (ETC) Conference Cente~.6~ Bargreen EllingsOn Inc, Pag Kit~ap Oounty EB 4,2004 STEAMER QUOTE - 2-4-04 Page 1 of 3 BRESTEAM Project: Kitsap County Conference Center Bremer[on, WA (425) 519-6811 Fax: (425) 864-5997 To: From: Harvey Nelson Jeff Winter OPUS Northwest Bargreen E[lingson Inc. 915 - 118th Avenue SE 12T5 Mercer Street Suite ¢300 Seattle, WA 98109 Bellevue, WA (800) 525-0131 Fax: (206) 682-2367 (425) 519-6811 Fax: (425) 864-5997 The following are pdces on steamer options. Item #32 is listed in the contract as an ALTERNATE. The other two steamers are "connectionless" units, they do NOT require direct connections to a water or drain source. However, they ARE electric units, while the original unit is GAS. Please feel free to call with any questions. Sell Each Sell Total Item Qty Description 32 1 ea STEAMER, CONVECTION COUNTERTOP Cleveland Range Inc. Model No. 21CGA5 SteamcCaft~ Ultra 5 Convection Steamer, Gas, Countertop, one compartment, five 12 x 20 x 2-1/2" pans per compartment capacity, automatic controls and automatic boiler blowdown, s/s construction, 75,000 BTU Freight: 1 85.90 185.90 Weight: 286.000 1 ea 1-Year Limited Warranty, standard 1 aa Natural Gas (specify altitude if over 2000 feet) Iea VOS 115 115 volts, 60 hz, I phase for controls (n/c) 1 ea SCS Steam shut off switch Bargreen Ellingson Inc. FEB 4,2004 Kitsap County Conference Center Item Qty Description Sell Ea{ 1 ea 9797-50 Kleensteam® CT, Water Filter Assembly, for counter top steamers, includes (1) 4CB5 cartridge, (1) AR-10 filter cartridge, dip tube & ScaleKleen 7.0-oz. packet, wall-mounting bracket and gauge assembly Extended Total for Item No. 32 8,185.51 32. 1 1 ea *** OPTIONAL *** ( ) STEAMER, CONVECTION COUNTERTOP 5,124.0 - Cleveland Range Inc. Model No. 1SCE SteamCub PlusTM, Steamer & Holding Cabinet, Countertop, Elec., one compartment, (5)12x20x2-1/2" pan cap., solid state digital controls, w/3 operating modes, steam & hold, continuous steam & holding, Iow water alarm, s/s const., 6"legs, 9Kw Weight: 190.000 Freight: 123.5 1 ea 1-Year Limited Warranty, standard 1 ea 2083 208 volts, 60-hz, 3-ph, 26 amps, (nc) 1 ea 6KW 6.0 KVV, option (n/c) Extended Total for Item No. 32.1 5,244.50 32.2 1 ea *** OPTIONAL *** ( ) STEAMER, CONVECTION COUNTERTOP 3,299.01 Groen Model No. VRC-3E-LH,208 (141410) VortexTM Convection Steamer, Elec., Countertop, (3) 12x 20x 2-1/2" pans cap., conv. fan, on/off button, 90 min. timer, steam/hold ctrls, 4-gal. water reserv., dr hinged L, s/s int'r & ext'r, (no water or drain hook~up), 9 kw, 208v/3-ph, (STOCK) Weight: 150.000 Freight: 97.56 '-~._.~x~te~ded Total for Itemq~l~o. 32~96.50~-~'-~... ~ 2.3. --' 1 ea *** OPTIONAL *** ( ) STEAMER, CONVECTION COUNTERTOP 4,997.0(: Cleveland Range [nc. Model No. 21CET16 ~ Steamcraft® Ultra 5 Convection Steamer, Elec., Countertop, 1 compartment, (5) 12 x 20 x 2-1/2" pans per compartment capacity, - automatic controls and automatic boiler blowdown, s/s construction, 1 6kw Weight; 190.000 Freight: 123.50 1 ea 1-Year Limited Warranty, standard 1 ea VOS1 208 volts, 60-hz, 3-phase, standard (n/c) '[ ea DHR Right hand door hinging, controls on left 186.00 1 ea MC ON/OFF compartment controls only, no timer (NC) ..__.~% ea LF4 P/N 06158 4" stainless steel legs for 21CET8, 21CET16, and 154.00 21 CGA5 Extended Total for Item No. 32.3 5,460.50 Total Grand Total '~..~ /~.~argreen Ellingson Inc. / Mode_____~h 21CET~ 6 _ Item# 32:3 I. Compartment has capacity for: Five, 12" x 2g" x 2¢-" deep Cafeteria Pans. { WATER QUALITY REQUIREMENT The recommended minimum water quality standards whether untreated or pre-treated, based upon 10 hours ~ of use per day, and a Daily Blawdown, are as follows: ¢¢~ TOTAL DISSOLVED SOLIDS hess than 60 parts per million TOTAL ALKALINITY less than 20 parts per million SILICA hess than 13 parts per million ~8.~a- ~2~" pH FACTOR greater than 7.5 ?~smm ~zz~mm CHLORINE less than 30 parts per million 8EN~.AT0R Consult a iocalwater treatment specialist for an on site water analysis for recommendations concerning steam ~" generator feed water treatment (if required), in order to remove or reduce harmful concentrations of miner- / als. The use of highty mineralized water will mean that more frequent servicing of the steam generator will be proof that it will be suitable for the generator. TOP VIEW FRONT VIEW RIGHI' SIDE Vt~ ~o-~ REAR ELECTRIC (~) WATER ~) DRAINAGE [] CLEARANCE . (NOT 70 SCkLE} S~CT. ~ .^6~ 6 89 ~, ...... ~, ~l~'-'~nn inc. page: 32:~-2 Gary Sexton - RE: Review of Bargreen cut sheets From: "HJastala, Mike" <Mike. Hlastala@opusnw:com> To: "Bob Taylor" <btaylor@talariscc.com> Date: 1/29/2004 10:33 AM Subject: RE: Review of Bargreen cut sheets OC: <g sexto n@ci.bremer~on.wa, us> He knows this number. He signed a change order for the added amount. Thanks .... Original Message----- F~m= Bob Taylor [mailto:b~ylor~lariscc.com] / ~ ~ ~. ~nt: Thursday, 3anua~ 29, 20~ 9:54 AN ~ ~ ~m .~ To: Hla~la, Mike / ~ '' ' ~ CC: gse~on¢ci.breme~on.wa.us / ¢ ~ t~,~ ~ Subje~: RE: Revie~ of Bargr~n cutCeB / / J ~'; ' _/ i. ~' The steamer need~=only ~ga s[eame~ c~mb~you let this and make the ch~h~~~ us s~~~CHI recommem a significant quanti~ ~"po~er chic doll~d ~ base ~or the Ce~ This added up Can you please tell me ~ow much the 3 compa~¢ns~allat~on ~d mater~l cost~ did previously w~th Gaw Se~on and he did approve the changes. I have c.c.d GaW on the emafl f~ rea~rmation. Thanks, Oener~ M~ager, T~s Coherence Center Seaffie, ~A. ml~scc.com ' 206-349-3150 90 K~C~ Kilchen Options Hlastaia, Mike To: jeffM cM ullen @velectric.com Subject: RE: KCCC Kitchen Options than ks ..... Original Message ..... From: ]effMcMullen@velectric.c0m [mailto:]effMcMullen@velectric.corn] Sent: Thursday, February 12~ 2004 8:39 AM To: Hlastala, Mike Subject: KCCC Kitchen Options Mike - Cost to connect 9kw power to the steamer is $750 (ROM). All the electric steamers that E has listed are 9KW, so it doesn't matter to us which one is selected....electrically they require th~ power. Jeffrey McMullen Sr. Project Manager T 253.988.1392 F 253.445.0937 jeffmcmullen ~velectric.com 91 2/12/2004 INVOICE FOR PAYMENT AND PERFORMANCE BOND To: Cityof Bremerton Job number: 2t39.01 245 Fourth Street Invoice No.: Bond Bremerton, WA 98337 Invoice Date: 24-Apr-03 Attn: Gary Sexton Terms: 30 Days cc: Opus NW Accounting Re: Bremerton Conference Center Bond costs - Opus Northwest L.L.C. For: 1. Bond costs per Marsh Invoice attached. $95,006.00 TOTAL DUE:I $95,006 Please remit to: Opus Northwest L.L.C. 915 118th Avenue SE Suite 300 Bellevue, WA 98005 Attention: Brian Fyall DATE SUBMITTED: July 1, 2004 BILL # ~q- / 3 AGENDA BILL CITY COUNCIL SUBJECT: Resolution No. o~ q3~P, Committee Meeting Date: ~7~4HEAR0 AT PRE-COUNC setting a heating date of August 4, 2004, for COUNCIL MEETING Date: July 7, 2004 vacating a subterranean portion of Second Department: City Attorney's Office Street Presenter: Brett Vinson Phone: 473-2345 SUMMARY: The City initiated the vacation of a subterranean portion of Second Street at the comer of Washington Avenue and Second Street. The vacated area will be incorporated into the abutting property owned by Kitsap Federal Credit Union. This is a Class II right-of-way and compensation will be required in accordance with BMC 11.20.140. Staff requests that a hearing date of August 4, 2004 be established to consider the proposed vacation. ATTACHMENTS: Resolution FISCAL IMPACTS (Include Budgeted Amount): The City will receive up to 50% of the appraised value of the property pursuant to BMC 11.20.140 APPROVALS: ~ ~ DEPARTMENT DIRECTOR:" CITY ATTORNEY: " ~ ............. FINANCE DIRECTOR: ; t' ~ MAYOR: FISCAL/BUDGET: CONSENT AGENDA [] OPERATIONS: COUNCIL PRESIDENT: RECOMMENDED MOTION: I move to approve Resolution No. .,~ ? ;_~ setting a hearing date of August 4, 2004, to consider vacating a subterranean portion of Second Street. COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action 95 RESOLUTION NO..~ A RESOLUTION of the City Council of the City of Bremerton, Washington, establishing a hearing date for the proposed partial subterranean vacation of Second Street. WHEREAS, the City has initiated the partial subterranean vacation of a portion of Second Street, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. A public hearing wilt be held on August 4, 2004, at 5:30 p.m. or later at the Bremerton City Hall, 239 Fourth Street, Bremerton, Washington, to take public comment or consider written objections to the vacation. SECTION 2. If fifty percent or more of the property owners abutting said right- of-way file written objections to this action prior to the time set for public hearing herein, the hearing shall be canceled and there shall be no further proceedings under this resolution. SECTION 3. Severability. If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION4. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. PASSED by the City Council of the City of Bremerton, Washington this __ day of ,2004. DAREN NYGREN, Council President APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney PAULA JOHNSTON, City Clerk RSLEGAL~Resolutions\Vacation portion 2nd Street.hrg.doc 1 Second Street Partial Vacation - Public Hearing