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Home My WebLink About06/09/04 AGENDA 239 4Ih Street · Bremerton, WA 98337 * Phone 1360) 478-5280 · Fax (360) 478-525! JUNE 9, 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 (#AB04-102) 4. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING CITY COUNCIL STUDY SESSION Immediately following the City Council Meeting, the Council Members will convene in the Council Conference Room for a LEGISLATIVE REVIEW COMMITTEE to hear presentations on the followingjitems~ IV07'~? ~'//~' C4~VT'~'Ai-I-" 0t: 7'~t~'~- ~"7-~I~ ~ ~F ~ 0 I~::T~-~T ~ 1.Acceptance of Public Works Trust Fund Loan (PWTF), and 2 Drinking Water State Revolving Fund (DWSRF) Loans -Tom Knuckey, Public Works & Utilities Managing Engineer 2.Resolution authorizing a State Revolving Fund (SRF) Loan - Tom Knuckey, Public Works & Utilities Managing Engineer 3.Bid Award to SHINSTINE & ASSOCIATES, LLC for Construction of Fire Station No. I - Gary Sexton, Economic Development Director; and Gene Sampley, Project Manager 4. Resolution approving the assignment and conveyance of the Comprehensive Garbage, Recyclables, and Yard Debris Contract from ROBANCO, LTD (dba KITSAP DISPOSAL) to WASTE MANAGEMENT, INC. (dba BREM-AIR DISPOSAL) - Michael Wilson, Finance Manager; and Paula Johnston, City Clerk 5. Ordinance amending BMC Chapter 21.02 Apprendix Figure 152(b) to correct boundaries relating to Building Heights - Roger Lubovich, City Attorney; and Chris Hugo, Director of Community Development 6. Ordinance repealing BMC Section 21.02.750 relating to Open Space Requirements for Residential and Commercial Development - Roger Lubovich, City Attorney; and Chris Hugo, Director of Community Development 7CDBG/Home Investment Partnerships Program (HOME) 2005 Draft Allocation Policy Plan (Information only) - Shirley Aird and Michelle Eichhorn, CDBG Coordinators E-mad, cifycounciJ@ci bremerlon.wa.us · Web: www.ci.bremerton.wa.us DATE SUBMITTED: BILL AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Approval of Claims and Checks Committee Meeting Date: Register COUNCIL MEETING Date: ~ "~ '-~0 ~( Department: Financial S'ervices Presenter: Cathy Johnson Phone: 473-5296 SUMMARY: Consent agenda item. Approval of payroll, checks and electronic fund transfers. ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount):. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: CONSENT AGENDA OPERATIONS: COUNCIL PRESIDENT: RECOMMENDED MOTION: Move to Approve: 1) Check#'s.,~/q~ '7 thxougho? ~//~'-and EFT's~=_.~)..through in the amount of$ 7oC~, 5t'/fg for the pay period ending ,5'""_~/-O ¢ in the mount of $~ 2) Regular Payroll 3) Retiree Payroll for the pay period ending in the amount of $ COUNCIL ACTION: ~Approve [] Deny [] Table [] Continue [] No Action I),'VI'E St,BMI'I I'ED ~ done 2, 2004 AGENDA BILL CITY OF BREMERTON -~- ' CITY COUNCIL SUBJECT: Acceptance of PWTF Loan Committee Meeting Date: June 9, 2004 Agreement No. PW-04-691-010, and COUNCIL MEETING Date: June 1~, 2004 DWSRF Loan Agreements No. 03-65103- Department: PW&U, Enginee~ 009, and 03-65103-010. Presenter: Tom Kn~ckey Phone: 473-2376 SUMMARY: The City has been awarded a $4,960,000 Public Works Trust Fund Loan to paaially fired CSO ReduclJon ~provemeots in the Pacific Avenue Basin. The City was additionally awarded two Drinking Water State Revolving Fund Loans; $101,000 to pa~ially fund installation ora Chlorine Gcnerator at the Anderson Creek Pump Station, and $505,000 to fund seismic upgrades to water reservoirs. These a~ecments are under the same te~s and conditions as prior a~eements. ATTACHMENTS: Nonc FISCAL IMPACTS (Include Budgeted Amount): Funds woold not be available to construct the ]mprovenlel]lS APPROVALS: DEPARTMENT DI~CTOR' ' ~ ~ , ~ ~ ' C TY ATTO~EY' '('~~'~ FINANCE DIRECTOR: " MAYOR: ~ ~ ~_ ~ FISCAL/BUDGET: CONSENT AGE~A OPERATIONS: COUNCIL PRESIDENT: ~COMMENDED MOTION: Move to approve Public Works Trust Fund Loan No. PW-04-691- 010, Drinking Water State Revolving Fund Loan No. 03-65103-009, and Drinking Water State Revolving Fund Loan No. 03-65103-010, and authorize the Mayor to finalize and execute the loan agreements. COIlNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action D I E SLIBMf ~r~ A I I lED; ~'~"'' ~ ..... June 2, 2004 AGENDA Blt,I, CITY OF BREMERTON CITY COUNCIL StlBJECT: Resolution # __ authorizing Committee Meeting Date: June 9, 2004 thc City to receive a State RevoMng Fund COUNCIL MEETING Date: June 11~ 2004 Loan. Depmlment: PW&U, Engineering __ Presenler: Tom Knuckeyt~.)~ Phone: 473-2376 SUMMARY: The City has beeu awarded a $1,075,000 Washington State Water Pollution Control Rcvol¥ing Fund (SRF) low-interest loan (Application No. FP04097) to fund CSO Reduction lmprovemeots included in the Cherry and Trenton Avenue Basins. This agreement is under the same terms ulld conditions as prior agreements. ATTACHMENTS: Resolution No. FISCAL IMPACTS (Include Budgeted Amount): Funds would not be available to construct the Improvements. Al PROg'ALS: DEPARTMENT DIRECTOR: ~.'i.j?/'~. 5~:': ~ IqSCAL/BUDGET: ~1t OPERATIONS: CONSENT AGENDA COUNCIL PRESIDENT: RECOMMENDED MOTION: Move to approve Resolution No. authorizing the City of Bremerton to receive an SRF Loan for the Cherry and Trenton Avenue Basins, and authorize the Mayor to finalize and execute the loan agTeements subject to City Attorney approval of final relevant terms and conditions. COUNCIL ACTION: [] Approve [] Deny [] 'fable [] Continue [] No Action ab. Agenda k~ills 2004, Ioan PW-04 691-010 RESOLUTION NO. A RESOLUTION of the City Council of the City of Bremerton, Washington, approving a State Revolving Ftmd Loan I S RF) for Cherry/Trenton ('SO Red uction. WHEREAS, tile Depamnent oS' Ecology, a Washington State Agency, has establishcd a State Revolving Fnnd (SRF) tbr providing financial assistance for partial reimbursement for thc Construction of Cherry/Trenton CSO Reduction - Final Improvements; and WHEREAS, the City of Brcmerton desire to participate in the loan fi'mn said SRF; and WHEREAS, a reqtfirement to participatc requires a resohttion of the governing body authorizing the City of Bremerton to receive said SRF loan; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City of Brmnerton desires to participate in the SRF Loan Program. SECTION Z Tbe City Council o£tbe City of Bremerton does hereby authorize the City of Brcmerlon to receive a SRF Loan for the construction of the Cherry/Tremon CSO Rcduction Final Improvements pursuant to the terms and conditions of said loan. SECTION 3. The Mayor is authorized to take any and all actions as arc necessary and appropriate to participate in the SRF Loan Program. SECTION 4. Severabilio'. If any one or more sections, subsections, or sentences of this Resolution m'e 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 l'orcc and effect. SECTION 5. ~[fective Date, This Resolution shall take effect and be ill 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 PAU LA JOHNSTON, Interim City Clerk SR F - Ch erry/Tren tots Fits al Impro veto ets ts DA'FF RI IBMI'II'I~D: June g,2004 AGENDA BILL i ?; -. CI FY OF BREMERI'ON CI fY COUNCIL SUBJECT: Bid Award to Shinstine/As~m.. Committee Meeting Date: June 9, 2004 L.I .C.!hr ('onst~uction of Fire Station #1. COUNCIl. MEE I'ING Date: June 14, 2004 Departmeat: Economic Development Presenter: Gary Sexton Phone: 5282 SUMMARY: A call for bids was issued and three bids were received for the construction of Bremerton Fire Station gl. The Engineer's Estimate tbr lbe base bid is $2.932.000. Thc low responsive base bid was received from Shinstine/Assoc.. LL.C. in the amount of $2, 640,000 pins sales tax. It is recommended that the bid be awarded to Shinstine/Assoc., L.L.C.for Construction of Fire Station #1 plus bid alternates A-I (8'~' Street repairs 1hr 12,000), A-2 (ornamental Fencing $12.0II0), A-3 (80-mil roof membraue for $1Y,000), and A-4 (drill tower and staircase for 78,000) a total bid anaounl of $2,759,000 plus $237,274 sales tax lbr a total amount of $2,996,274. ATTACHMENTS: ( I ) Bid Tabulation FISCAL IMPACTS (Include Budgeted Amount): This project is funded by Public S'afe~y Bond proceeds and is included iu the 2004 budget. APPROVALS: FIRE CHIEF: CFFY AT fORNEY: ....... ]~--~ ' FINANCE DIRECTOR: FISCAL/BUDGET: OPERATIONS: CONSENT AGENDA COUNCIL PRESIDENT: RECOMMENDED MOTION: I move City Council approve award of the bid of Shinstine/Assoc., L.L.C.Ibr Construction of Fire Station #1 plus bid alternates A-I, A-2, A-3, and A-4 for a total bid amoum of $2,759,000 plus $237,274 sales tax for a total amount of $2,996,274 and authorize the Mayor to llnalize and execute a contract lbr the same. SI_iB,I[CT: Resolution Approving the Committee Meeting Date: 6/9/04 ~,$s~gmw:nt of Cily Garbage Contrac! from COUNCIl, MEETING Date: 6/14/04 Rabauco, Ltd dba Kitsap Dispo~l to Waste Department: Financial Services Mauage~nent. Inc. dba Brcm-Air Dispn~l Presenter: Michael Wilson Phone: 473-5590 SUMMARY Rabanco, Ltd dba Kitsap Disposal requests that the City of Bremerton approve the assignmenl of the Comprehensive Garbage. Recyclables and Yard Debris Collection Contract fi'om Rabanco to Waste Management of Washington, Inc. dba Brem-Air Disposal. '['his transfer is scheduled for August 1, 2004. Waste Managemenl has a broader presence in Kitsap County including servicing all of the unincorporated ureas throughout the county &s well as operating the Kitsap County Transfer Station. Customer routes, schedules and gm'bage rotes will remain the same for the rest of 2004. Waste Management will endeavor to make tiffs trans/br seamless lbr City residents. ATTACHMENTS: Resolution, I,etter of assignment, Operating Plan and Press Release FISCAL IMPACTS (Include Budgeted Amount): None. Garbage rates remain the same so it is' expected that utility tax revenue will remain at budget. APPROVALS: DEPARTMENI DII~ECTOR: ~.rf.~ ....... ~ __ ~__ . CFFY ATTORNEY: r, . --~ ~- FIS(_AL/B[ DGE]: CONSENT AGENDA OPERATIONS: COUNCIL PRESI DENT: RECOMMENDED MOTION: Move to pass Resolution # __ approving the proposed assignment and conveyance of the Comprehensive Garbage, Recyclables and Yard Debris Collection Contract from Rabanco, Ltd to Waste Management of Washington, [nc. RESOLUTION NO. A RESOLUTION of tile City Council of the City of Bremerton, Washington, approving the proposed assignment and conveyance o[' the Comprehensive Garbage. Recyclablcs and Yard Debris Collection Contract from Rabanco. LTD to Waste Management of Washington Inc. WHEREAS, Rabanco, LTD, CRabanco") cun'ently manages by contract tbe City's Comprehensive Garbage, Recyclables, and Yard Debris Collection Contract (the "Contract"); and WHEREAS, Rabanco and Waste Maoagcment of Washington h~c. ("Waste Managemcnt") have completed negotiations wbcreby Rabanco iutends to assign its contractual responsibilities to Waste Management; and WHEREAS, Section 6.8.2 of the Contract requires the City to approve m~y sucb assignment; aud WHEREAS, Waste Management desires to accept the assignment from Rabanco and continue to F, rovide comprehensive garbage, recyclables, and debris collection under the same terms and conditions through December 3 I, 2006, thc term of the current contract; NOW THEREFORE, THE CITY COUNCIL OF THE C1TY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City hereby consents to the assignment and conveyance of the Contract from Rabanco to Waste Management under the same terms and conditions of thc cnrrent contract and Waste Managcment accepts the assignment under the same ten-ns and conditions of the cmTent contract pursuant to the acceptance document as depicted in Exhibit A. SECTION 2. E££ective Date. The Assignment effective date will be August 1, 2004. SECTION3. Severabilitv. if any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or iovalid, such decision shalI not affect the validity of the remaining portion of this Resolution and the same shall remain in full ['brce and effect. PASSED by the City Council of the City of Bremerton, Washington this __ day of .... 213__ . DAREN NYGREN, Council President I Waste Managentent /issignntent APPROVED AS TO FORM: ATTEST: ROGER A. LUBOV1CH, City Attorney PAULA JOHNSTON City Clerk Waste Management Assignment EXHIBIT A ACCEPTANCE Director ol'Financial Services City of Bremcrton 239 Fourth Street Bremcrton, Washington 98337 This is to advise the City of Brcmerton, Wasle Management of Washington Inc. bereby accepts the terms and conditions of Resohltion No. __ , passed by the City Council on ..... consenting lo assignment and conveyance of the Comprchensive Garbage, Recyclables and Yard Debris Contract/'rom Rabanco Ltd., and Waste Managemcm o£ Washington Inc. agreeing to be subject to the same terms and conditions of the current contract tbrongb December 3 I, 2006. WASTE MANAGEMENT OF WASHINGTON [NC. By: ..... Title: Date: STATE OF } )ss COUNTY OF } This Acceptance was acknowledged before me on the _. day of ,20~, by as .__, a duly authorized representative of Notary Public for the State of My Commission Expires: 3 Waste Ma~t agent ets t Assign m ettl Biumer~on, WA ~q~ests that the Ciw approve t~ a~ig~cnl of the "Con~hensive Garbage ~ecycJ~b}~z; and "~ a~ d Deb6s Collection ( onlracF fi'om [to.nco Ltd. to d/a Breni Ak DJ~osa] Compauy. A.: you ~ uw, lelbm rn~Mg lhis request we a~kc with v~ious Mdivid~ls in tt~ City, and ba~xl on those convermtions we {rum t~ this request will ~ favombty received· Nels Johnson x.¢,-, t?~toi'z~bk: rulationship wi~E the City, md we wf~h to nm~tain thai connection. i he cril:cal determination iht all ~lies - ~th ~banco and W~tc Management, m~d ~rlainly {he CRy is how th s ch~gc might a~i or even ~nefit ottr cu~ome~, your cit~ens. We L~:l b: ye i~ will be [<ne ficial. Although we are proud of thc set vices provided by om' co~any, m~q ~ aeku )wledged that Wasqe M~agement has a ' restll~ of its operafio~ al thc {~Csap C'ouaty ~Oa(IOl presezxcc ' "'" Trmufcr S~tiot~ as well ~ hs coll~{ion o~ration3 ~l~oughom the mfinco~r~ed ~ around the City, Waste M~gemem ~ ~tenr~lly offer lntegralion af semites ~d n~m aggm~qive commercial and multifiamily r~ycllng efforls, while mill ~rlbrmlng Dasic solid waste mllecliOn under he Contract al cu~ent rates, which as you ~ow ~'e Very compctiti~. Wc have met with your City staffand ~n a~ure you t~t the tra~kion in service kom Ra~nco to W; ste Management w~ll ~ a ~amless one wah m~ ~sruption m semite to c~omers. For ex~,~ple, we have ~e~ to ~H ea~ent ~n~Jners now in pla~ at cu~o~ lo~tions to W~qte M~cmem, thus ne~Jng lhe reed t0 witch out c~toner coata~rs. St~'h~ ~e so~ addiSonal s'~gestions wkh which ~th ~mp~es have a~oed to con~ly m~d whi~ will hcilitate ~e lrmmition of services. Fuahcrmo~. Waste M~agement ~d RaMnco operation nta~utgers will ~ meeling with sraffshoaly to identify all the steps mquir~ ~r a succcssthl c~ngeover. We have all pledged Io xmrk logether so t~t the only difference lo the customer will De the color on the tracks. Section ( .8.1 of the Coatr~l ~lows Iht assignmeut following t~ re'Men a~roml of thc City. ~]e the approval may aor be m~e~ombly withheld, all pa~ies wouM ho~: the City is actively DR:,~er~on wou~d ~neh~ from ~ing blclt~ded itl the ~e Wollld request Your appro*,a ~tmh thn~ tl!e tr;.~lsjt ~ ~ m~,~, c, ccu;' JuR' l, 2004, Ple~e b~Js Jofln:~oli WASTE MANAGEMENT OF WASHINGTON BREM-AIR DISPOSAL OPERATING PLAN CITY OF BREMERTON June 4TM Send out approved news release Announce to Kitsap Disposal and Brem-Air employees that the City of Bremerton contract is under discussion by the City Council to transfer the contract to Waste Management dba Brem-Air Disposal. June 7th Receive hard copy route data from Kitsap Disposal. Brem-Air staff will analyze route data to ensure exact needs to fulfill the contract. Kitsap Disposal employees will receive Waste Management applications, schedule interviews. June 9th Bremerton Legislative Review Committee Study Session. In attendance will be, Terry Bickel, Brem-Air's District Manager, and Jerry Hardebeck, Waste Management's Municipal Contract Manager. June 14th Bremerton City Council Meeting. Attending will be Terry Bickel, Brem-Air's District Manager, and Jerry Hardebeck, Waste Management's Municipal Contract Mgr. July 5~h Decisions completed for additional staffing and routing. Electronic transfer of customer information from Kitsap Disposal to Brem-Air will take effect, weekly updates through July. July 19th Start practice trial runs of Kitsap Disposal's existing routes. All routes and customer pick up's will remain the same through the end of the year. If any routing efficiencies need to be addressed in 2005, Brem-Air Disposal will comply with all terms of the existing contract. Mail information letters to all customers August 1st Implement City of Bremerton Contract For Immediate Release Press Release from the City of Bremerton June 4, 2004 The City of Bremerton announced today that it has received a request from Kitsap Disposal Company (the City's current garbage collection contractor) to allow for the transfer of the City's garbage contract to Brem-Air Disposal, a Waste Management company. The City Council will review the request at its next scheduled Legislative Review Committee Study Session on June 9, 2004. and consider transfer appreval et the City Council meeting scheduled for June 14, 2004. The frans[er (late is set for August t 2004. 'l-here will be NO change in customers' containers o'' carts, service days (the day o~ which a customer's garbage is collected) or the rates that customers are currently paying for their collection services. BrermAir has expressed its delight in once again being able to serve our City community. Brem.-Air lost the contract at the arid of 2001 to Kiisap Disposal through the competitive bid process. With the assignment, an informational packet (including billing information) will be mailed to households and businesses during the month of July. Customers are asked to be on the lookout for this mailing. For more information contact Paula Johnston, Interim City Clerk, at 473-5323. DAT[ SllBMITTED: March IZ 2004 AGENDA BILl, ,. CITY OF BREMERTON ,- -. ~'* ' CITY COUNCIL ' ~" ii '- SUBJECT: Public Heariug on Ordinance Committee Meeting Date: ,-Jt,t,qt- amending BMC Ch. 21.02 Appendix Fignrc COUNCIL MEETING Date: ~t~,~, 152(b) to correct boundaries relating to Department: building heights Presenter: ~ Phone:-~t~3 a.~d ~/5-_ SUMMARY: The cun'ent boundaries reflected in BMC Ch. 21.02 Appcndix Figure 152(b) relating Io lhe Downtown District building heights do not encompass the entire DC zone of the Downtown District. The proposed ordinance con'ccts the building height boundaries. ATTACHMENTS: Proposed ordinance FISCAl, IMPACTS (Include Budgeted Amount): APPROVAl,S: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: (.~ _ __ FISCAL/BUDGET: CONSENT AGENDA OPERATIONS: COUNCIL PRESIDENT: RECOMMENDED MOTION: 1. I move to approve the proposed ordinance on first reading. 2. I move to pass Ordinance No. on second reading. COUNCIL ACTION: [] Approve [] Deny' [] Table [] Continue [] No Action ORDINANCE NO. AN ORDINANCE of the City Council of the City of Brcmerton, Washington, amending Chapter 21.02 Appendix Figure 152(b) to correct thc boundaries of the Downtown District relating to bnilding heights. WHEREAS, the current boundaries reflected BMC Chapter 21.02 Appendix Figure 152(b) relating to building heights in the Downtown District do not encompass the entirc DC zone of the Downtown District; and WHEREAS, Exhibit A attachcd hereto is a map of the Downtown District Bnilding Heights map showing the area of discrepancy; and WHEREAS, Exhibit B attached hereto shows the proposed corrected boundaries of the Downtown District relating to building heights to encompass the whole DC zone; and WHEREAS, because this correction is technical in nature, rccommendation by thc Plmming Commission and the provisions of RCW 36.70A. 106 are inapplicable; and WHEREAS, the SEPA Responsible Official determined that adoption of this ordinance is categorically exempt as procedural action under WAC 197-11-800(20); and WHEREAS, on and , the City Council considered and held a public hearings on this Ordinance during its regular City Council mcctings; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1.~ BMC Chapter 21.02 Appendix Figure 152(b) is hereby repealed and a new Appendix Figure 152(b) is hereby adopted to read as reflected is Exhibit B attached hereto. SECTION 2. 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 mad thc same shall remain in tull force and effect. SECTION& 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. I Downtown District Building Heights Al)PROVED by the City Council thc . day of ,2004 PASSED b3 the City (otmcll the day of , 2004 DAREN NYGREN, Council President Approved this _ day of ,2004 CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: PA [ I LA JOHNSTON, Interim City Clerk ROGER A. LUBOV ICH, City Attorney PUBLISHED the _ day of ,2004 EFFECTIVE the day of ,2004 ORDINANCE NO. R:,l.EGAl.~Ordmances~Community Devclopmenl\Downmwn District Map.doc 2 Dowtttowtt District Building Heights EXHIBIT Downtown District Building Heights ^ppe.d~xF,g.,e~2~b/ A 2ND STREET PUGET SOUND NAVAL SHIPYARD Legend rII ARF~~ C: 70 Foot Height Limitation. SpecisI Considerations (see fc~otnot~ · ~qe overall heighl I;mit is 70 feet as measured 2ursuant to Definitions, and WAC 173-27-030 ro~idec that. in no case at any point shall a structure be more than five stories five feet above th levation of Washington AvenL I .t th%site's f, ont prope~, line (edge of right-oF-way) The added the height determil trion EXHIBIT Downtown District Building Heights Appendix Figure 152(b) ! 5th STREET --r i I'X- t 4th ~ J ' ' ..... BURWELL: - PUGET SOUND '%/' NAVAL SHIPYARD " LEGEND ~,, AREA A: t00 Foot Height Limitation AREA B: 70 Foot Height Limitation AREA C: 70 Foot Height Limitation with Special Considerations* (see footnote) The overall height limit i~ 70 fee~ as measured pursuant [o Bremerton SMP Chapter 8 Definitions, Height, and WAC 173-27-030 (9), DATE SUBM1TI ED: March 12. 2004 AGENDA BILL CITY OF BREMERTON .r CITY COUNCIL SUBJECT: Public Hearing on Ordinance Committee Meeting Date:..._/,_~t,' ,~, ';; ~'{" ~,~, '/ repealing Section 21.02.750 of the COUNC1L MEETING Date: ~]~ t,,,", /~ c .~,,~ . -/c.~ Bremerton Municipal Code Department: CommunibJDev. Presenter: C~hris Hugo Roger A. Lobovich Phone: 5243 and 2345 SUMMARY: The current provisions of Section 21.02.750 BMC relating to open space requirements for residential and commercial development are in conflict with file Washington Supreme Court ruling ill Isla Verde hrtern. Holdings, Inc. v. UiO, Qf ('anla$ and may be unconstitutional. The proposed o~dinancc repeals Section 2t.02.750 BMC in its entirety. ATTACllMENTS: Proposed Ordinmlce FISCAl. IMPACTS (Include Budgeted Amount): APPROVALS: DEPARTMENT DIRECTOR: --'"-/T ....... ,"~'---'--~ ' CITY ATTORNEY: x. j -- FINANCE DIRECTOR: .;J~~ -~/.~.___ MAYOR: / _ FISC, AL/BUDGET: OPEP~TIONS: CONSENT AGENDA [] COUNCIL PRESIDENT: RECOMMENDED MOTION: 1. I move to approve the proposed ordinance on first reading. 2. 1 move to pass Ordinance No. on second reading. COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action ORDINANCE NO. AN ORDINANCE of' the City Council of the City of Bremerton, Washington, repealing Section 21.02.750 of the Bremcrton Municipal Code. WHEREAS, the current provisions ol'Section 21.02.750 of the Bremerton Muuicipal Code relating to open space requirements Ibr residential and commercial development are in conflict with the Washington Supreme Court ruling in Isla Verde biterti. HoMi~gs, h~c. v. ~'1'(~' t~f~'rtl~?(lS and may be unconstitutional; and WHEREAS, because this correction is technical in nature, recommendation by the Planning Commission is inapplicable; NOW THEREFORE, WHEREAS, on March 30, 2004, pursuant to RCW 36.70A. 106, the Department of Community Development sent a Notice o£ Intent to Adopt for this Ordinance to the Washington State Office of Community, Trade and Economic Development; and WHEREAS, the SEPA Responsible Official issued a detenniaation of non- significance (DNS) on April 6, 2004 regarding the proposed actions herein; and WHEREAS, on and , the City Council considered and held a public hearings on this Ordinance during its regular City Council meelings; NOW THEREFORE, TIlE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 21.02.750 of the Bremerton Municipal Code entitled Large Dex elopment Open Space and Landscaping" is hereby repealed in its entirety. ............ ~ ......,he...~.,,0 ef way. I Repealing BMC 21.02. 750 SECTION 2. Severabih't¢ ]f any one or more sections, subsections, or scnlences 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. SECTION3: Effective Date. This ordinance shall take effect and be in force ten (10) days from and aRer 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 2 Repealing BMC 2 I. 02. 750 CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: KATHLEEN MCCLUSKEY, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the day of ,2004 EFFECTIVE the day of ,2004 ORDINANCE NO. R:',LEGAL',Ordinanccs~Community Devctopmenl\2t.02.750 Repeal.doc 3 Repealing BMC 21.02. 750 DEPARTMENT OF COMMUNI'TY DEVELOPMENT MEMORANDUM To: Bremerl:on City Council From: Michelle Eichhom Date: June 3, 2004 Re: June 9 Councit Study Session Each of you recently received a Draft version of the Community Development Block Grant (CDBG)/Home Investment Partnerships Program (HOME) Policy Plan for your preliminary review and comment. The study session will provide you with an overview of both the CDBG and HOME programs and the Draft Policy Plan. The policy plan has been reformatted, however it is the same as last year except for the staff recommended changes which have added to the front cover of the packet. Following the study session, this item will be brought back to the Legislative Review Committee on June 30, 2004 where any recommendations to changes to the policy plan will be made. Council action is anticipated at the Council meeting on July 7, 2004. We greatly appreciate your review of this document and hope that you will contact either of us at the following numbers if you have any questions. Michelle Eichhorn (360) 473-5375 Shirley Aird (360) 473-5211