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Home My WebLink About05/12/04 AGENDA 239 4th Street · Bremerton, WA 98337 · Phone (360) 478-5280 · Fax (360) 478-5251 ***AMENDED*** CITY COUNCIL MEETING AGENDA MAY 12, 2004 1. PRE-COUNCIL STUDY SESSION: 5:00 - 5:30 P.M. in Council Conference Room A. General Council Business B. 10-minute Executive Session to "CONSIDER THE MINIMUM PRICE OF REAL ESTATE" per RCW 42.30.110(1)(c). 2. CALL TO ORDER: 5:30 P.M. in Council Chambers A. Pledge of Allegiance B. Invocation 3. CONSENT AGENDA ~"~,~ A. Minutes of Meeting -April 14, 2004 (#AB04-077) / B. Minutes of Meeting - April 21, 2004 (#AB04-078) 7 C. Minutes of Meeting - April 28, 2004 (#AB04-079) ! ,~ D. National Park Service Covenant and Restriction regarding new property additions to Kitsap Lake Park (#AB04-080) / '~ (4f-~ Placed under NEW BUS/NESS... F. Bid Award to H.D. FOWLER COMPANY for the Purchase of Ductile Iron Pipe (#AB04-082) ~ G. Contract Award to NOVA CONTRACTING INC. for Tracyton Water System Phase [][ Project -'~3 (#AB04-083) H. Claims & Check Register (#AB04-085) 4. MAYOR'S REPORT 5. NEW BUSINESS A. Interlocal Agreement between Kitsap County, City of Bainbridge Island, City of -% ~ Bremerton, City of Port Orchard, and City of Poulsbo regarding the Allocation of SHB 2060 Surcharge Funds to Very Low-Income Housing Projects (#AB04-084) C. Purchase of Pollution Liability Insurance from INDIAN HARBOR INSURANCE COMPANY .2- ~:~ (#AB04-081) 6. PUBLIC HEARINGS - ORDINANCES & RESOLUTIONS A. Ordinance No. 4896 [Second Reading] vacating a portion of First Street located ..~'/~ between Marion and Yantic Avenues (#AB04-075) 7. PUBLIC RECOGNITION - Comments limited to 3-minutes 8. COUNCIL MEMBER REPORTS 9. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETIN¢~ E-mail; cilycounciJ@ci.bremerton wa,us · Web: www. ci.bremerton.wa.us DATE SUBMITTED: BILL # AGENDA BILL CITY OF BREMERTON 3 CITY COUNCIL SUBJECT: Minutes of Meeting - Committee Meeting Date: N/A APRIL 14, 2004 COUNCIL MEET1NG Date: APRIL 28, 2004 Department: City Council Presenter: Daren Nygren, Council President Phone: (360) 473-5280 SUMMARY: Attached are the minutes for the Council Meeting held Apr i 1 14, 2004. ATTACHMENTS: Minutes for Apri 1 14, 2004. FISCAL IMPACTS (Include Budgeted Amount): 0 APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: CONSENT AGENDA [] OPERATIONS: COUNCIL PRESIDENT: ~ ~ RECOMMENDED MOTION: Move to pass the Consent Agenda as presented. COt~CIL ACTIOi~': [] Approve [] Deny [] Table [ [] Continue [] No Action TAPE #1945 CITY COUNCIL MEETING MINUTES Wednesday, April 14, 2004 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4th Street, Bremerton, Washington, Wednesday, April 14, 2004, at 5:30 P.M., with Council President Daren Nygren presiding. Council members present were Mike Short, Carol Arends, Dianne Robinson, Mike Shepherd, Wendy Priest, and Brad Gehring. Council Members Cecil McConnell and Will Maupin were absent. Also present were City Attorney Roger Lubovich; Interim City Clerk Paula Johnston; and Legislative Assistant Lori Smith. The meeting opened with the Pledge of Allegiance led by Council Member Mike Shepherd, followed by the invocation provided by Reverend Paul Meeker of Our Saviour's Lutheran Church. President Ny,qren made the following announcements: 1. The Pre-Council session was held in the Council Conference Room from 5:00 to 5:30 PM; and 2. The Council would convene in the Council Conference Room at the conclusion of regular business for a 30-minute Executive Session to discuss "Potential Litigation" per R.C.W. Chapter 42.30.110(1)(i), and to "Evaluate an Application for Employment" per R.C.W. Chapter 42.30.110(1)(g). CONSENT AGENDA A. Minutes of Meeting - March 17, 2004 (#AB04-054) B. Minutes of Meeting - March 24, 2004 (#AB04-055) #0043 M/S/C/U (Arends/Priest) Move to approve the Consent Agenda as presented. CLAIMS & CHECK REGISTERS Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090 have been recorded on a listing that had been made available to the Council. #0065 M/S/C/U (Short/Arends) On April 14, 2004, the Council approved payment of Check numbers P8122 and P8133; 289420 through 289735; and EFT-8120 through EFT-8134C in the amount of $1,339,301.37 on the Master Check Register. MAYOR'S REPORT - Mayor Bozeman... · Read a Proclamation to proclaim the week of April 12 though 16, 2004 as "Sexual Assault Awareness Week", which was accepted by Jody Stewart, advocate and Prevention Coordinator for the Sexual Assault Center. · Invited Larry Eyer, Executive Director for Kitsap Community Resources to describe several of the programs available to residents of Bremerton; and Verna Rae to provide further detail of the "PARENTING PLACE" program, who also encouraged citizens to wear blue ribbons to bring awareness of child abuse and neglect. · Introduced Cris Larson, Armed Forces Festival Chairman, who highlighted the events planned for the 56th Annual Armed Forces Festival to be held the weekend of May 14-16. 6A - APPLICATION FROM SEATTLE OUTBOARD ASSOCIATION FOR A HYDROPLANE & RUNABOUT RACE ON KITSAP LAKE MAY 15 & t6~ 2004 (#AB04-056): Jodi Wroblewski of the Parks & Recreation Department, explained that the SEATrLE OUTBOARD ASSOCIATfON (SOA) has once again applied (Exhibit 1) to the City of Bremerton for permission to host a hydroplane/runabout race on Kitsap Lake. The organizers have satisfactorily complied with all of the 2004 requirements set forth by the Police, Fire, Risk Manager, and Parks & Recreation Departments. The Kitsap Lake neighborhood will be apprised of the event via flyers. The 2003 event was deemed a success, and according to all Departments, there were no significant incidents associated with their 2003 event. TAPE #1945 City Council Reg. Mtg Minutes April14,2004 Page 2 of 5 Cris Larson provided comments in support of this event, and mentioned it was also a sanctioned event of this year's Armed Forces Festival. Jack Lefcoski also expressed his support for this event, and invited members of the SEATTLE OUTBOARD ASSOCIATION to speak at the next Kitsap Lake Neighborhood Association meeting at Camp McKean on April 26 at 6:30 P.M. Mike Short commented that he had the opportunity to speak with many of the residents of Kitsap Lake, and found that they whole heartily support this event, and noted that any minor complaints were addressed. He introduced John Erickson, President of the SEA'I-FLE OUTBOARD ASSOCIATION, who provided additional comments on the event. #0775 MISIClU (Short/Arends) Move to approve the SEA~I'LE OUTBOARD ASSOCIATION'S application to hold a hydroplane/runabout race on Kitsap Lake on May 15 & 16, 2004. 6B - PURCHASE REQUISITION WITH SPRING CITY ELECTRICAL MANUFACTURING COMPANY, INC. FOR THE PROCUREMENT OF STREET LIGHTS FOR THE SR-304 TRANSPORTATION IMPROVEMENT PROJECT~ DOWNTOWN PHASE; AND SECOND STREET IMPROVEMENTS (#AB04-057): Lynn Price, Project Manager, indicated that the City would like to purchase twenty-seven ornamental streetlights for the "SR-304 Transportation Improvement Project (TIP), Downtown Phase; and Second Street Improvements" from SPRING CITY ELECTRICAL MANUFACTURING COMPANY, INC. The streetlights are of the style and standard adopted by the City Council in Resolution No. 2920. There were no comments from the public. Mr. Gehrin.q commented that the streetlights would be an attractive addition to the City; and Mr. Shepherd agreed that they were attractive, but maintained that they were too expensive. #0945 M/SIC (Arends/Robinson) Move to approve purchase requisition with SPRING CITY ELECTRICAL MANUFACTURING COMPANY, INC. in the amount of $133,398.00 for the purchase of streetlights for the SR-304 Transportation Improvement Project, Downtown Phase, and Second Street improvements. Voted in favor of Motion: Robinson, Arends, Short, Gehring, Priest, Nygren Voted opposed to Motion: Shepherd Motion carried: 6-Yes; 1-No 6C - CONTRACT AWARD TO CA CAREY CORPORATION FOR THE SR-304 TRANSPORTATION IMPROVEMENT PROJECTI DOWNTOWN PHASE-STAGE IE (#AB04-058): Lynn Price, Project Manager, stated that sealed bids for construction of the project titled "SR-304 Transportation Improvement Project (TIP), Downtown Phase - Stage 1E" were opened on March 31, 2004, and four bids had been received for this project. CA CAREY CORPORATION was the lowest responsive, responsible bidder with a bid of $1,348,817.00 including sales tax. The engineer's estimate for the project is $1,286,237. There were no comments from the public. #0965 M/S/C/U (Shepherd/Short) Move to award a contract in the amount of $1,348,817.00 with CA CAREY CORPORATION for construction of the project titled "SR-304 Transportation Improvement Project (TIP), Downtown Phase - Stage 1E"; and authorize the Mayor to finalize and execute the necessary contract documents for construction. TAPE #1945 City Council Reg. Mtg. Minutes April 14, 2004 Page 3 of 5 6D - CHANGE ORDER NO. 3 TO STAN PALMER CONSTRUCTION CONTRACT FOR SEWAGE PUMP STATION EB-2 MODIFICATIONS (#AB04-059): Michael Mecham, City Engineer, summarized that the City contracted with STAN PALMER CONSTRUCTION in January 2003 to construct a capacity upgrade to Pump Station EB-2 and various sewer system modifications for combined sewer overflow reduction in the Trenton Avenue Basin. Change Order No. 3 to this contract upgrades an associated pump station, improves flow measurement, and addresses various issues identified during construction. There were no comments from the public. #1010 M/S/C/U (Shepherd/Priest) Move to approve Change Order No. 3 to the existing contract with STAN PALMER CONSTRUCTION, and authorize the Mayor to finalize and execute the Change Order. 6E - APPROVAL TO HIRE ASSISTANT CITY ATTORNEY AT INITIAL SALARY RATE OF PAY BAND 17, RATE 3 (#AB04-060): RoRer Lubovich, City Attorney, pointed out that Chapters 2.50, Section 2.50.032(a) of the Bremerton Municipal Code requires Council approval for an initial salary rate which exceeds Rate 1. Council approval is requested to hire Brett Vinson as Assistant City Attorney at Pay Rate 3 of Band 17. Mr. Vinson began his career at the City of Kent in 1999 as a prosecutor. Shortly thereafter, he transferred to the Civil Division where he has been practicing law in the areas of Public Works, Employment, and Code Enforcement. There were no comments from the public. #1080 M/S/C/U (Arends/Short) Move to approve the hiring of Brett Vinson as Assistant City Attorney at Pay Rate 3 of Band 17. 7A - ORDINANCE [FIRST READING] AMENDING SECTION 6.32.010 OF THE BREMERTON MUNICIPAL CODE RELATING TO NOISE CONTROL DISTRICTS TO INCLUDE THE DW AND DC ZONES (#AB04-06t): RoRer Lubovich, City Attorney, said that the current provisions of Section 6.32.010 of the Bremerton Municipal Code relating to noise control districts do not address the DW and DC zones, therefore, the proposed ordinance updates Section 6.32.010 to include the DW (Downtown Waterfront) and DC (Downtown Core) zones Allen Shute questioned if a sign would be posted at the entrance to the City indicating there was a noise ordinance in effect, and questioned how the ordinance would be regulated. President Ny.qren stated that the proposed ordinance amendment was to update the zoning of noise control districts, and if Mr. Shute had questions on other aspects of the noise ordinance, he would need to present those questions in writing. Mr. Shute requested the ordinance to be read in its entirety. #1320 M/S/C/U (Priest/Arends) Move to approve the proposed ordinance on first reading. 7B - ORDINANCE [FIRST READING1 AMENDING SECTIONS 11.08.100 AND 11.08.t30 OF THE BREMERTON MUNICIPAL CODE RELATING TO PERMIT AND INSURANCE REQUIREMENTS FOR SIDEWALK CONSTRUCTION~ RECONSTRUCTIONs, AND REPAIR (#AB04-062): RoRer Lubovich, City Attorney, reiterated that the current provisions of Sections 11.08.100 and 11.08.130 relating to permit and insurance requirements for sidewalk construction, reconstruction, and repair may result in conflicts with other sections of the Bremerton Municipal Code. The proposed ordinance updates these sections in order to have a comprehensive, consistent permitting process for sidewalk and right-of-way permitting. Interim City Clerk Paula Johnston read the ordinance in its entirety. Mr. Shute questioned if ordinances required three readings. Mr. Lubovich replied no, only two. Mr. Shepherd asked if there would be a cost to homeowners. Mr. Lubovich replied no. #1495 M/S/C/U (Short/Arends) Move to approve the proposed ordinance on first reading. TAPE #1945 City Council Reg. Mtg. Minutes April 14, 2004 Page 4 of 5 7C - ORDINANCE [FIRST READING] REPEALING AND REPLACING CHAPTER 2.78 OF THE BREMERTON MUNICIPAL CODE RELATING TO REAL PROPERTY TRANSACTIONS (#AB04- 063): Ro.qer Lubovich, City Attorney, mentioned that the current provisions of Chapter 2.78 of the Bremedon Municipal Code relating to real property transactions are burdensome and result in inefficient administration and processing of real estate transactions. The proposed ordinance simplifies the process for real property transactions by requiring all sales and purchases of real property by the City to be subject to City Council approval upon terms and conditions as approved by the City Council, and further, by providing other provisions related to real property transactions. Interim City Clerk Paula Johnston read the ordinance in its entirety. There were no comments from the public. #t850 M/S/C (Short/Priest) Move to approve the proposed ordinance on first reading. Voted in favor of Motion: Robinson, Arends, Short, Priest, Shepherd, and Nygren Abstained: Gehring Motion carried: 6-Yes; 1-Abstention 7D - RESOLUTION NO. 2923~ DECLARING PUBLIC UTILITY PROPERTY SURPLUS; AND LEASE OF THE PROPERTY TO DANIEL & dIANE Robinsont OWNERS OF ELANDAN GARDENS (#AB04-064): Michael Wilson, Finance Director, explained that the City has received an offer from Dan and diane Robinson, owners of ELANDAN GARDENS, to continue to lease the utility property. The property is not currently used for public utility service nor will it be required for providing utility service in the future. The City and greater community would be better served by the lease of the property. The lease has been increased from a 10-year term to a term of 15 years. John Lyle expressed his opinion that the Robinson's have created a "world class living museum", and encouraged the City to support their efforts. #2t50 M/S/C/U (Arends/Robinson) Move to pass Resolution No. 2923, declaring the public utility property surplus, approving a negotiated lease of the property pursuant to BMC 2.78.010 to Daniel and diane Robinson, and authorizing the Mayor to execute any and all documents necessary to close the transaction. PUBLIC RECOGNITION Allen Shute asked for a copy of the contract between the City of Bremerton and Diamond Parking; and for a copy of the Job Description for Diamond Parking Manager Bob Duprie. John Lyle expressed his concern with a manufactured home recently set-up on expensive waterfront property, which he believed was inconsistent with the surrounding neighborhood, therefore requested the City make it a priority to examine the zoning codes. He added that he saw no need for the ordinance and resolutions to be read into the record when copies are readily available. President Ny.qren agreed, but stated it is a request made available to anyone who asks per the Bremerton City Charter. Regarding the issue of manufactured homes, he explained that this issue would be addressed when Council reviews zoning changes as part of the Comprehensive Plan updates. H. Emily Moshay was pleased to announce that Dianne Robinson would be honored at the 2004 YWCA Woman of Achievement Luncheon on Tuesday, April 27, 2004 at 11:30 A.M. at the Kitsap Golf & Country Club. COUNCIL MEMBER REPORTS Mike Short provided a briefing on the issues discussed at a meeting of the Peninsula Regional TAPE #1945 City Council Reg. Mtg. Minutes April 14, 2004 Page 5 of 5 Transportation Planning Organization; and announced the Kitsap Lake Neighborhood Association would hold a meeting at Camp McKean on April 26 to review their bylaws and to elect officers. Carol Arends announced that the homeless men's shelter issue would be addressed at the next Public Headng by the Hearing Examiner next Tuesday, and further details were available by calling the Council office (473-5280), or the Mayor's office (473-5266). Dianne Robinson invited residents of District 6 to a community meeting on Monday, April 26 at 6:30 at the Bremerton High School to discuss plans to enter a float in the Armed Forces Parade. Mike Shepherd congratulated the family of H.O. Whitey Domstad regarding the dedication of the Viewscape Park named in his honor at the end of the Manette Bridge; discussed several issues addressed at a recent Ferry Advisory Committee meeting; and indicated that he and Dianne Robinson would be meeting with Dr. Mitchell to discuss how the proposed changes to the long-term plans of Olympic College will affect area residents of District 5 and 6. Wend¥ Priest provided a reminder that the Evergreen Neighborhood Association would be having a Clean-Up event for all neighborhoods surrounding Evergreen Rotary Park. Brad Gehrin,q added that on Sunday, April 25, Kitsap County was providing a 1-day countywide furniture amnesty day at the Olympic View Transfer Station; and the City of Bremerton was providing an opportunity for city residents to dispose of yard waste from April 26 to May 1 at the Oyster Bay Public Works Facility. He also discussed upcoming Armed Forces Day activities, and welcomed home his friend Robert who just returned after serving about a year in Iraq with the Striker Brigade. Daren N¥,qren noted that the City's website at www.ci.bremerton.wa.us provided a list of road closures taking place next week; thanked the family of HO. Whitey Domstad and all the citizens who attended the dedication ceremony for the park; and provided a reminder that the Sinclair Inlet Clean- Up Event would be held this Saturday, April 17. With no further business on the regular agenda, the Council convened in the Council Conference Room for a 35-minute Executive Session to discuss "Potential Litigation" per R.C.W. Chapter 42.30.110(1)(i), and to "Evaluate an Application for Employment" per R.C.W. Chapter 42.30.110(1)(g). No action was taken on these items. At the conclusion of Council business, the meeting was adjourned at 7:45 P.M. Prepared and Submitted by: LORI SMITH Legislative Assistant Attest: PAULA JOHNSTON, Interim City Clerk DAREN NYGREN, City Council President City of Bremerton DNIP JIIs/cge DATE SUBMITTED: BILL # c ~t'- AGENDA BILL CITY OF BREMERTON 3 ~ CITY COUNCIL SUBJECT: Minutes of Meeting - Committee Meeting Date: N/A APRIL 21, 2004 COUNCIL MEETING Date: tqA¥ 12, 200# Department: City Council Presenter: Daren Nygren, Council President Phone: (360) 473-5280 SUMMARY: Attached are the minutes for the Council Meeting held ^PR I k 21, 2004. ATTACHMENTS: Minutes for APRIL 21, 2004 FISCAL IMPACTS (Include Budgeted Amount): 0 APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: OPERATIONS: CONSENT AGENDA [] COUNCIL PRESIDENT: ~ ~ RECOMMENDED MOTION: Move to pass the Consent Agenda as presented. COUNCIL ACTION: [] Approve [] Deny [] Table'7 [] Continue [] No Action TAPE #1946 CITY COUNCIL MEETING MINUTES Wednesday, April 21, 2004 The weekly meeting of the City Council of the City of Bmmerton was called to order in the City Council Chambers, 239 4~ Street, Bremerton, Washington, Wednesday, April 21, 2004, at 5:30 P.M., with Council President Daren Nygren presiding. Coundl members present ware Mike Short, Will Maupin, Carol Arends, Dianne Robinson, Mike Shepherd, Wendy Priest, Cecil McConnell and Brad Gehring. Also present were City Attorney Roger Lubovich; Interim City Clerk Paula Johnston; and Legislative Assistant Lori Smith. The meeting opened with the Pledge of Allegiance led by Council Member Cecil McConnell, followed by the invocation provided by Council Member Dianne Robinson. President Ny,qren made the following announcements: 1. The Pre-Council session was held in the Council Conference Room from 5:00 to 5:30 PM; 2. Item 3D under the CONSENTAGENDA has been pulled and placed as Item 6B under NEW BUSINESS; and 3. Council will convene in the Conference Room for an Executive Session immediately following the regular business of the Council Meeting to discuss "LITIGATION" per R.C.W. Chapter 42.30.110(1)(i). CONSENT AGENDA A. Minutes of City Council Meeting - March 31, 2004 (#AB04-065) B. Affiliation Agreement between the City of Bremerton and Tacoma Community College allowing the Bremerton Fire Depaiiment to be a Training Site for Paramedic Students (#AB04-066) C. Professional Services Agreement between the City of Bremerton and SYSTEMS DESIGN for Ambulance Billing (#AB04-067) Item 6B under NEW BUSINESS... #0950 M/S/C (PriestYArends) Move to approve the Consent Agenda as presented. Voted in favor of Motion: Gehring, Priest, Shepherd, Robinson, Arends, Maupin, Short, Nygren Voted opposed to Motion: McConnell Motion carried: 8-Yes; and 1-No CLAIMS & CHECK REGISTERS; Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims cerlified as required by RCW 42.24.090 have been recorded on a listing that had been made available to the Council. #0075 M/S/CAI (McConnell/Short) On April 21, 2004, the Council approved payment of Check numbers 289736 through 289946; and EFT-8139 through EFT-8152 in the amount of $2,205,361.72 on the Master Check Register;, Regular Payroll in the amount of $1,273,780.91 for the pay peded ending March 31, 2004; and Retiree Payroll in the amount of $152,937.39 for the pay period ending March 31, 2004. MAYOR'S REPORT - Mayor Bozeman... · Endorsed the Council's proposed Resolution to bdng a NASCAR facility to Bremerton; · Expressed his frustration that the members of the Bremerton Housing Authority Board were not working quicker to alleviate the sub-standard Iow-income housing at Westpark; · Congratulated the Chrey's for their efforts to make improvements to the DIE ~z BUILDING; TAPE #1946 City Council Reg. Mtg. Minutes April 21, 2004 Page 2 of 5 · Announced the contract has been let for street improvements at Burwell and Washington; · Asked the Community Development and Legal Departments to look at updating City codes to control the appearance and location of newspaper boxes placed on City sidewalks; · Hoped to have an update report next week regarding the library restoration project; · City of Bremerton residents are encouraged to drop off yard waste for "Spring Clean-Up" during the week of April 26th to May 1st from 8:00 A.M. to 5:30 P.M. at the Public Works & Utilities Facility located on Oyster Bay Drive; · Reminded the Council that the Armed Forces Day Parade is coming up on Saturday, May 15th starting at 10:00 A.M. downtown; · Assigned staff to explored the possibility of a joint Maintenance Facility with the Bremerton School District and the City's Parks Department; and · Was pleased to announce that Crownhill Elementary Principal Gall Sackman will become the principal of Naval Avenue Elementary School next year; and Dianne Robinson will serve as a member of the school's PTA. 6A - APPROVAL TO HIRE DIRECTOR OF PUBLIC WORKS & UTILITIES ABOVE RATE t (AT RATE 7 OF PAY BAND 22) OF THE 2004 MANAGEMENT SALARY PLAN; AND TO CONFIRM APPOINTMENT OF PHIL H. WILLIAMS TO THE POSITION (#AB04-069): Mayor Bozeman explained that BMC Chapter 2.50, Section 2.50.032 (a) requires Council confirmation for the appointment of a Department Director and approval for an initial salary rate which exceeds Rate 1. Council confirmation and approval is requested to hire Phil H. Williams as Director of Public Works & Utilities at Pay Rate 7 of Band 22. Mr. William's exemplary career spans 29 years in both public and private sectors, 12 years of which were the City of Spokane as Public Works Director, Director of Environmental Programs, and Executive Director of Spokane Regional Solid Waste System. Most recently he has been serving as Interim Director of Public Works for the City of Marysville. Private Sector experience includes 5 years with Kaiser Aluminum as an Environmental Engineer and 5 years as a consultant with CH2MHilI, primarily working with local governments in WA, ID, OR, and NV to develop water, wastewater, and transportation projects to design or design/build. Mr. Williams received only the highest of recommendations from his former employers. There were no comments from the public. Mr. McConnell revealed that he had concerns which would dictate his vote. Mr. Maupin and Mr. Short provided comments in support of appointing Mr. Williams; and Mr. Shepherd commented that his decision would be based on the facts and not on information provided through the media. #0430 M/SIC (Arends/Maupin) Move to confirm and approve the hiring of Phil H. Williams as Director of Pubtic Works & Utilities at Pay Rate 7 of Band 22. Voted in favor of Motion: Priest, Shepherd, Robinson, Arends, Maupin, Shod, Gehring, Nygren Voted opposed to Motion: McConnell Motion carried: 8-Yes; and 1-No 6B - SALARY INCREASE FOR JIM SVENSSON~ DEVELOPMENT MANAGER~ FROM RATE 2 TO RATE 6 ON BAND 15 OF THE 2004 MANAGEMENT SALARY PLAN (#AB04-068): Chris Hugo, Community Development Director, explained that the position of Development Manager was created by Council action effective October 10, 2002. At that time, the duties of this new position were considered to be slightly subordinate to the duties of Planning Manager (a position that was created in July 2002). Since that time, however, the two positions have held similar levels of management responsibility and authority in practice. Currently, the Development Manager supervises one more employee than the Planning Manager. The proposed adjustment from Rate TAPE #1946 City Council Reg. Mtg. Minutes April 21, 2004 Page 3 of 5 2 to Rate 6, Band 15, recognizes the parity in these two positions, and credits the incumbent Development Manager with years of employment since original hire in October 2001. There were no comments from the public. Mr. McConnell questioned if this position was included in the recent salary survey; and if this item was budgeted for, were there any other line items that the Council should review. Mr. Hugo believed the pay was similar to other positions in the region, and therefore believed that his request to make the salary comparable was valid; he also confirmed that this request had been budgeted (the only addition to DCD staff), but there were delays in bringing it to Council. Mr. Gehring asked if full-time benefits would be provided if the position was only 3/4-time. Mr-'~--Hugo replied that the benefits were adjusted according to his compensation. #0715 M/S/C/U (Arends/Priest) Move to approve the salary increase for Development Manager from Rate 2 to Rate 6 of Band 15. 7A - ORDINANCE NO. 4891 [SECOND READING[ AMENDING SECTION 6.32.010 OF THF BREMERTON MUNICIPAL CODE RELATING TO NOISE CONTROL DISTRICTS TO INCLUDF THE DW (DOWNTOWN) AND DC (DOWNTOWN CORE) ZONES (#AB04-061): First reading of this ordinance was heard on April 14, 2004. Roger Lubovich, City Attorney, stated that in response to a suggestion to identify the meaning of "DW" and "DC" in the ordinance, an amendment was made to add the words "downtown waterfront" after ~DW" and "downtown core" after "DC". Gordy Byrd asked for the areas to be defined. Mr. Lubovich explained that "downtown waterfront" was designated from Washington Avenue to the water, up to 5th or 6th Street; and "downtown core" was the area from Washington to about one-third of the way up Pacific Avenue. #0805 M/S/C/U (McConnell/Arends) Move to pass Ordinance No. 4891, as amended, on second reading. 7B - ORDINANCE NO. 4892 [SECOND READING] AMENDING SECTIONS 11.08.t00 ANI') 11.08.t30 OF THE BREMERTON MUNICIPAL CODE RELATING TO PERMIT AND INSURANCF REQUIREMENTS FOR SIDEWALK CONSTRUCTION~ RECONSTRUCTION~ AND REPAIR (#AB04-062): The first reading of this ordinance was heard on April 14, 2004. There were no comments from the public. #0845 M/S/C/U (Arends/Priest) Move to pass Ordinance No. 4892 on second reading. 7C - ORDINANCE NO. 4893 [SECOND READING] REPEALING AND REPLACING CHAPTER 2.78 OF THE BREMERTON MUNICIPAL CODE RELATING TO REAL PROPERTY TRANSACTIONS (#AB04-063): The first reading of the ordinance was heard on April 14, 2004. There were no comments from the public. #0885 M/S/C/U (Short/McConnell) Move to pass Ordinance No. 4893 on second reading. 7D - ORDINANCE [FIRST READING] AMENDING CHAPTER 2.13 OF THE BREMERTON MUNICIPAL CODE RELATED TO FILINGS AND APPEALS FEES REGARDING PROCEEDING,~ BEFORE THE ADMINISTRATIVE HEARING EXAMINER [#AB04-070): Roger Lubovich, City Attorney, pointed out that the current provisions of Chapter 2.13 of the Bremerton Municipal Code needs to be clarified regarding the location for filing applications and appeals to the Administrative Hearing Examiner, and to further provide a refund of appeal filing fees when the appellant is the TAPE #1946 City Council Reg. Mtg. Minutes April 21, 2004 Page 4 of 5 substantially prevailing party. The filing fee for an appeal is $175. The proposed ordinance makes these changes to Chapter 2.13. There were no comments from the public. #0985 MISICIU (McConnell/Arends) Move to approve the proposed ordinance on first reading. 7E - ORDINANCE [FIRST READING] AMENDING CHAPTERS 3.86 AND 3.50 OF THE BREMERTON MUNICIPAL CODE RELATING TO UTILITy, TAXES (#AB04-07t): Ro.qer Lubovich, City Attorney, reasoned that the current provisions of Chapter 3.86 of the Bremerton Municipal Code (BMC) relating to apportionment of taxes of multiple taxing jurisdictions are vague. Additionally, the current definition of "gross income" in BMC Chapter 3.50 is not consistent with the Washington Administrative Code definition and that chapter needs further clarification as to when the tax imposed is due. The proposed ordinance clarifies the provisions of BMC Chapter 3.86 relating to apportionment of taxes and further updates BMC Chapter 3.50 to update the definition of "gross income" and clarify when the tax is due. There were no comments from the public. #t091 M/S/C/U (Priest/McConnell) Move to approve the proposed ordinance on first reading. 7F - RESOLUTION NO. 2924~ APPROVING CITY OF BREMERTON POLICY NO. 2-10-02~ LOSS OF PUBLIC FUNDS OR ASSETS (#AB04-072): Gary Nystul, City Auditor, stated that the City of Bremerton Audit Committee has amended City Policy No. 2-10-02, Loss OF PUBLIC FUNDS OR ASSETS in order to update the procedures for reporting and investigating loss, suspected loss, or misappropriation of public funds or assets. The proposed resolution approves the policy. There were no comments from the public. #1174 M/S/C/U (Shepherd/McConnell) Move to pass Resolution No. 2924 approving the amendment of City Policy 2-10-02 relating to loss of public funds or assets. PUBLIC RECOGNITION Allen Shute was concerned that he has still not received a copy of the Job Description for Bob Duprie as he requested at the last Council meeting; and expressed his opinion that homeless people should be allowed to park on the City's Streets. Gordy Byrd was pleased to invite members of the Council to his wedding at the Neighborhood Christian Center at 3:00 P.M. on Sunday, July 4, 2003 Jim Tewsberry invited the public to attend the "Festival of Music for Food" to benefit the Bremerton Food Line on Saturday, May 22, with shows at 2:00 and 6:00 PM at the Emmanuel Lutheran Church. Suggested donation is $10 or $10 (or more) worth of food. COUNCIL MEMBER REPORTS Brad Gehrin.q announced a "CD Release Party" for the Bremerton band The Toneblasters at the Manette Saloon on Friday; and encouraged citizens to participate in the courtesy "Furniture Amnesty Day" on Sunday, April 25 at the Olympic View Transfer Station and/or "Spring Clean Up" for yard waste all next week at the Public Works & Utility Operations facility located on Oyster Bay. Mike Shepherd reported that he and Council President Nygren participated in the Sinclair Inlet Clean-Up event last Saturday. TAPE #1946 City Council Reg. Mtg. Minutes April 21, 2004 Page 5 of 5 Dianne Robinson announced a District 6 Neighborhood Meeting to be held in the Commons area of Bremerton High School on Monday, April 26 from 6:30 to 8:00 P.M. to discuss neighborhood concerns and plan a float for entry in the Armed Forces Day Parade in May. Carol Arends provided a briefing on the Land Use hearing for the proposed Homeless Shelter held on Tuesday, and noted that the Hearing Examiner will study the issue for the next 10-days. Will Maupin reported on the dedication ceremony for the H.O. "WHITEY" DOMSTAD VlEWSCAPE in honor of former City of Bremerton Mayor and also his father-in-law; and on his attendance at a meeting of the Bremerton Housing Authority, where he felt that contrary to the Mayor's comments, the Bremerton Housing Authority Board members were making progress on future housing plans. Mike Short reiterated information on then Kitsap Lake Neighborhood Association meeting to be held at Camp McKean on Monday, April 26 with a representative from the SEATTLE OUTBOARD ASSOCIATION. Daren Ny,qren added that he and his wife Lynn participated in the Sinclair Inlet Clean-Up event, and were pleased to have 9 caring teenagers join them as they collected 9 bags of garbage; and attended the Kitsap County Sheriff's Awards & Promotional Ceremony last night, and in particular congratulated Deputy Jim Rye for being nominated by his peers for Deputy of the Year. Council reconvened in the Council Conference Room to hold a 204minute Executive Session to discuss "LITIGATION" per R.C.W. Chapter 42~30.110(1)(i) from 6:35 to 6:55 P.M. #2060 MISICIU (Maupin/McConnell) Move to authorize the City Attorney's office to settle PAPE & SONS CONSTRUCTION VS. DRAKE CONSTRUCTION COMPANY, INC. & City of Bremerton, Kitsap County Cause No. 98-2-03255-5 for $125,000, with $90,000 paid by INSURANCE COMPANY OF THE WEST and $35,000 paid from the wastewater fund. With no further business, the meeting of the City Council was adjourned at 7:00 P.M. Prepared and Submitted by: LORI SMITH Legislative Assistant Attest: PAULA JOHNSTON, Interim City Clerk DAREN NYGREN, City Council President City of Bremerton DNIP JIIs/cge DATE SUBMITTED: BILL # _ i, ~' - AGENDA BILL CITY OF BREMERTON 3 6 CITY COUNCIL SUBJECT: Minutes of Meeting - Committee Meeting Date: N/A April 28, 200/~ COUNCIL MEETING Date: 5/12/0t~ Department: City Council Presenter: Daren Nygren, Council President Phone: (360) 473-5280 SUMMARY: Attached are the minutes for the Council Meeting held Apr i 1 28, 200/I.. ATTACHMENTS: Minutes for Apr i 1 28, 200t~. FISCAL IMPACTS (Include Budgeted Amount): 0 APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: CONSENT AGENDA [] OPERATIONS: COUNCIL PRESDENT: ~ ~ RECOMMENDED MOTION: Move to pass the Consent Agenda as presented. COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action TAJ~E #1947 CITY COUNCIL MEETING MINUTES Wednesday, April 28, 2004 The weekly meeting of ~e City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4"' Street, Bremerton, Washington, Wednesday, April 28, 2004, at 5:30 P.M., with Council President Daren Nygren presiding. Council members present were Mike Short, Will Maupin, Carol Arends, Dianne Robinson, Mike Shepherd, Wendy Priest, Cecil McCennell and Bred Gehring. Also present were City Attorney Roger Lubevich; Interim City Clerk Paula Johnston; and Legislative Assistant Lori Smith. The meeting opened with the Pledge of Allegiance led by Council Member Mike Shepherd, followed by the invocation provided by Pastor Dean Reeder of Westpark Christian Church. President N¥.qren made the following announcements: 1. The Pre-Council session was held in the Council Conference Room from 5:00 to 5:30 PM. CONSENT AGENDA A. Authorization for 1 additional full-time regular Electronics Technician for a two-month period; and 1 temporery Electronics Technician for a period not to exceed 5 months (#AB04-073) B. Termination of Water Trensmission Agreement with NORTHWEST CORPORATE CAMPUS LLC (#AB04-074) C. Construction Agreement with PUGET SOUND ENERGY for Underground Conversion Project (~AB04-077) ~035 M/S/C/U (Pdest~McConnell) Move to approve the Consent Agenda as presented. CLAIMS & CHECK REGISTERS Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090 have been recorded on a listing that had been made available to the COunciL #0055 M/S/C/U (McConnell/Short) On Apdl 28, 2004, the Council approved payment of Check numbers 289961 through 290179 in the amount of $625,177.60 on the Master Check Register. MAYOR'S REPORT - Mayor Bozeman... · Thanked AMERICAN FINANCIAL SOLUTIONS for their donation to fund a BBQ for all military personnel as part of the Armed Forces Day activities; · Provided information on activities with our Sister City, Kure Japan; · Announced that Pat Coxon would be appointed as interim Wastewater Manager due to John Poppe's departure; · Bids for the new Fire Station recently went out; · Representatives of the Passenger Only Ferry Service indicated runs should begin soon; · The Navy has purchased the property for the planned Parking Garage, and the contractor has already been selected; · Discussed the H.O. Whitey Domstad Viewscape Park dedication ceremony in Manette; · Stated the 5-year Comp Plan revisions would be brought to the Council sometime in June, with possible adoption by the Fall; · A grant was submitted for the new $250,000 Skatepark project; · Was pleased the new Assistant City Attomey would begin with the City tomorrow; · A new Purchasing System would soon be implemented; · Met with two Bremerton Housing Authority Board members regarding Westpark Housing; and · Thanked Council President Nygren and Vice-President McConnell for attending the Department Head meeting to present a proposal for reforming the Council's meeting process. TAPE #1947 City Council Reg. Mtg. Minutes April 28, 2004 Page 2 of 3 7A - ORDINANCE NO. 4894 [SECOND READING] AMENDING CHAPTER 2.13 OF THI- BREMERTON MUNICIPAL CODE RELATED TO FILINGS AND APPEAL FEES REGARDING PROCEEDINGS BEFORE THE ADMINI$11~ATIVE HEARING EXAMINER (#AB04-070): The first reading of this ordinance was heard on April 21, 2004. There were no comments from the public. #0300 M/S/C/U (McConnell/Priest) Move to pass Ordinance No. 4894 on second reading. 7B - ORDINANCE NO. 4895 [SECOND READING] AMENDING CHAPTERS 3.86 AND 3.50 OF THE BREMERTON MUNICIPAL CODE RELATING TO UTILITY TAXES (#AB04-071): The first reading of this ordinance was heard on April 21, 2004. There were no comments from the public. #0355 M/S/C/U (McConnell/Maupin) Move to pass Ordinance No. 4895 on second reading. 7C - ORDINANCE [FIRST READING] VACATING A PORTION OF FIRST STREET LOCATFr) BETWEEN MARION AND YANTIC AVENUES (#AB04-075): Michael Mecham, City Engineer, explained that the City received a petition from Victor Targett to vacate a portion of First Street located between Marion and Yantic Avenue. This date has been scheduled for a public hearing in accordance with state law and the Bremerton Municipal Code for first reading on the proposed ordinance vacating the subject property. This is a Class It! right-of-way and compensation is not required in accordance with BMC 11.20.140. There were no comments from the public. #0400 M/S/C/U (Priest/McConnell) Move to approve the attached ordinance on first reading, vacating a portion of First Street located between Marion and Yantic Avenues. 7D - RESOLUTION NO. 29257 IN SUPPORT OF LOCATING A NASCAR RACING FACILITY IN KITSAP COUNTY (#AB04-076): Daren Nygren, Council President, stated that the Bremerton City Council supports the continued efforts in promoting Kitsap County as the best location in the Northwest for a NASCAR racing facility. There were no comments from the public. #0565 M/S/C/U (Gehring/McConnell) Move to pass Resolution No. 2925 in support of inviting the International Speedway Corporation (ISC) to consider Kitsap County as the location for a NASCAR racing venue. PUBLIC RECOGNITION ,Frank Gentile took issue with comments made by a citizen who wanted the Council to took at the zoning code due to his concern about "manufactured homes". COUNCIL MEMBER REPORTS .Brad Gehrin,q reiterated positive comments in support of bringing a NASCAR facility to Kitsap County. Cecil McConnell discussed the recognition received by the Gold Mountain Golf Complex, and congratulated Scott Alexander for being presented the "Public Facility Merchandiser of the Year" award by the Western Washington Chapter of the PROFESSIONAL GOLFERS ASSOCIATION (PGA). TAPE #1947 City Council Reg. Mtg. Minutes April 28, 2004 Page 3 of 3 Wend¥ Priest, along with fellow Council members Arends and Maupin, was pleased to honor Council member Dianne Robinson for being selected as one of the 2004 YWCA Women of Achievement, at the annual luncheon. Mike Shepherd asked for additional information from a citizen who left an inaudible message on his home answering machine; asked home owners to consider plants native to the Northwest. Dianne Robinson provided an overview of concerns discussed at the District 6 meeting held on Monday, April 26; and looked forward to riding in a car in the upcoming Armed Forces Day Parade. Carol Arends warned that one-lane traffic would result during the repaying of Navy Yard Highway, and thanked everyone for their patience; and also enjoyed attending the 2004 YWCA Women of Achievement luncheon held in honor of Council member Dianne Robinson, noting that Paula Johnston, Elaine Valencia, and Lori Smith were also in attendance. Will Maupin attended the Gold Mountain Board of Directors meeting along with Council member McConnell, and echoed congratulations to Scott Alexander. He also attended an organization meeting for the "Senior Games" that will be held July 8 through 11; and lastly, congratulated Dianne Robinson for being selected as a 2004 YWCA Woman of Achievement. Mike Short reported on the "Kitsap Lake/Chico Bay Water Quality Project Update" meeting he attended last Thursday at Kitsap Lake Elementary School; and a meeting with the Kitsap Lake Homeowners Association on Monday. He also invited the public to attend the grand opening for a Disc Golf Course at 8:45 AM on May I at N.A.D. Park off of Kitsap Way. Daren NyRren recognized Officer Pete Fisher for the Bremerton Police Department Officer of the Year; thanked the organizers and those who attended the touching "Memorial for Fallen Soldiers" held on the Overwater Park; and lastly, noted a citizen's comment who felt there was a void of information regarding all the City projects taking place, and therefore challenged the local newspapers to provide more information on the downtown projects. With no further business, the meeting of the City Council was adjourned at 6:10 P.M. Prepared and Submitted by: LORI SMITH Legislative Assistant Attest: PAULA JOHNSTON, Interim City Clerk DAREN NYGREN, City Council President City of Bremerton DNIP JIIslcge DATE SUBMITTED: April 28, 2004 BILL AGENDA BILL CITY COUNCIL SUBJECT: National Park Service Covenant Committee Meeting Date: May 4, 2004 and Restriction regarding the new prope~y COUNCIL MEET~G Date: May 12, 2004 additons to Kitsap Lake P~k. Depa~ment: P~ks & Recreation Presenter: Jodi Wroblewski Phone: 473-5429 SUMMARY: In 2002, the city of Breme~on sold .18 acres of park land to Breme~on Chrysler for $51,000. This sale settled an encroachment issue with this business. Because the prope~y was given to the City by the Federal Govemnent in 1976 for p~k p~oses, it was required that the City replace it with more park land. Two pieces of prope~y south of Kitsap Lake Park; a 10 acre p~cel ~d a .87 acre parcel ~vere purchased as replacement for. 18 acres lost by encroac~ent. The City is obligated to include the National Park Service Convenant and Restriction to the new pieces ofprope~y. ATTACHMENTS: 1. National Parks Service Covenant and Restrictions 2. Quitclaim Deed that contains the 1976 Restrictions FISCAL IMPACTS (Include Budgeted Amount): none APPROVALS: DEPARTMENT DIRECTOR: . ~ ~ · CITY ATTORNEY: MAYOR: FISCAL/BUDGET: OPERATIONS: CO~CIL P~SIDENT: ~COMMENDED MOTION: Motion that the National Park Se~ice covanent be a~ached to the deeds of the two Kitsap L~e properties p~chased in 2003. COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action I? COVENANT AND RESTRiCTION WHEREAS, on March 12, 1976 the Bureau of Outdoor Recreation acting for the Secretary of Interior, on behalf of the United States of America, granted the City of Bremerton, a political subdivision of the State of Washington a quitclaim deed to three parcels of land (Tracts I, Il, and Ill) containing approximately 3.79 acres and located in Section 16, Township 24 North, Range 1 East, Willamette Meridian, and recorded in the Office of the Kitsap County Auditor as file number 1126171; and WHEREAS, on October 29, 2002, upon request, the National Park Service released the covenants and restrictions regarding the use of Tract III in consideration of an agreement between the City of Bremerton and the National Park Service effective on October 15, 2002 for the identification and acquisition of property with equal or greater recreation utility and market value and the imposition of covenants and restrictions by the City of Bremerton on behalf of the United States of America concerning the recreation use of acquired property as contained within the deed executed on on March 12, 1976 by the Bureau of Outdoor Recreation acting for the Secretary of Interior, on behalf of the United States of America, granting to the City of Bremerton, a political subdivision of the State of Washington three parcels of land (Tracts I, II, and III) containing approximately 3.79 acres and located in Section 16, Township 24 North, Range 1 East, Willamette Meridian, and recorded in the Office of the Kitsap County Auditor as file number 1126171. WHEREAS the City of Bremerton has acquired the following described properties with a cumulative appraised value of $48,000; Parcel A: The east half of the north half of the Northeast Quarter of the Northwest Quarter, Section 20, Township 24 North, Range 1 East, W.M. in Kitsap County, Washington; except that portion conveyed to Kitsap County for road purposes by Auditors File No. 826622, and containing approximately 9.54 acres. Parcel B: That portion of the following described property lying westerly of Price Road: The South half of the North half of the Northwest Quarter or the Northwest Quarter of Section 20, Township 24 North, Range 1 East, W.M. in Kitsap County, Washington, except road, containing approximately 0.87 acre. WHEREAS the City of Bremerton plans to construct a perimeter walkway with observation areas for the purpose of providing environmental experiences and learning opportunities on the wetland flora and fauna with an estimated cost of $1,500,000. WHEREAS, the National Park Service and the General Services Administration accept the future improvement of above described properties for the purpose of providing equivalency of value between Tract III and Parcels A and B above. NOW THEREFORE, in consideration of the described agreement, the City Bremerton does hereby covenant and agree to irrevocably impose on behalf of the United States of America, acting by and through the National Park Service, covenants and restrictions contained within a deed dated March 12, 1976 from the Bureau of Outdoor Recreation acting for the Secretary of Interior, on behalf of the United States of America, granting the City of Bremerton, a political subdivision of the State of Washington Ci~, of Bremerton Covenant and Restriction Kitsap Lake Wetland Property Page I of 2 three parcels of land (Tracts l, 11, and 111) containing approximately 3.79 acres and located in Section 16, Township 24 North, Range 1 East, Willamette Meridian, and recorded in the Office of the Kitsap County Auditor as file number 1126171 on the following described parcels; Parcel A: The east half of the north half of the Northeast Quarter of the Northwest Quarter, Section 20, Township 24 North, Range l East, W.M. in Kitsap County, Washington; except that portion conveyed to Kitsap County for road purposes by Auditors File No. 826622, and containing approximately 9.54 acres. Parcel B: That portion of the following described property lying westerly of Price Road: The South half of the North half of the Northwest Quarter or the Northwest Quarter of Section 20, Township 24 North, Range I East, W.M. in Kitsap County, Washington, except road, containing approximately 0.87 acre. The City of Bremerton further covenants and agrees to diligently pursue the improvement of the above- described property with an investment of non-federal funds or equivalent in-kind services representing not less than $5,000 within five years of the date of this covenant and restriction. CITY OF BREMERTON, WASHINGTON By Title Date (STATE OF WASHINGTON) ( ) ss. (COUNTY OF KITSAP ) On this __ day of ,2003, before me, the undersigned notary, the subscriber personally appeared and being the duly authorized official of City of Bremerton, Washington and known to me to be the same person described herein and who executed the foregoing on behalf of the City of Bremerton, Washington for the purposes described herein. Witness my hand and official seal. NOTARY PUBLIC City of Brerner~on Covenant and Restriction Kitsap Lake Wetland Property Page 2 of 2 BILLIE EDER QUITCLAIM DEED I(ITSAP COUNTY IIfEASU~ER The UNITED STATES OF ~2~ERICA, acting by and through the Secretary of the Interior, acting by and through the Northwest Regional Director, Bureau of Outdoor Recreation (hereinafter designated "Grantor"), under and pursuant to the power and authority contained in the provisions of ~e Federal Property and Administrative Services Act of 1949 (63 Stat. 377), as amended, and particularly as amended by public Law No. 485, 91st Congress, and regulations and orders promulgated thereunder, for and in consideration of the perpetual use of the hereinafter described premises exclusively as and for public park and public recreation area purposes by the City of Bremerton, a political subdivision of the State of Washington (hereinafter designated "Grantee"), does hereby release and quitclaim to Grantee, and to its successors and assigns, subject to the reservations, exceptions, restrictions, conditions, and covenants hereinafter expressed and set forth, all Grantor's right, title, and interest in and to that certain parcel of real property, consisting of approximately 3.79 acres known as a portion of ~%e Arsenal Way to Chico Highway Right-of-Way, located in Kitsap County, State of Washington, and more particularly described in EY~hibit "A", attached hereto and by this reference made a part hereof. TO HAVE AND TO HOLD the hereinbefore described property, subject to the reservations, exceptions, restrictions, conditions, and covenants herein expressed and set forth unto the Grantee, its successors and assigns, forever. RESERVING, HOWEVER, unto the Grantor all coal, oil, gas, and other minerals on said real property, together with the right to prospect for, mine, and remove the same under applicable laws, rules, and regulations prescribed by the Secretary of the Interior. ~O Pursuant to authority contained in the Federal Property and Administrative Services Act of 1949, as amended, and applicable rules, regulations, and orders promulgated thereunder, the General Services Administration determined the property to be surplus to the needs of the United States of America and assigned the property to the Depart- ment of the Interior for further conveyance to the Grantee. It is agreed and understood by and between the Grantor and Grantee, and the Grantee, by its acceptance of this Deed, does acknowledge its understanding of the agreement, and does covenant and agree for itself, and its successors and assigns, forever, as follows: 1. This property shall be used and maintained exclusively for the public purposes for ~%ich it is conveyed in perpetuity as set forth in ~]e program of utilization and plan contained in the appli- cation dated April 30, 1975, submitted by the Grantee and accepted by the Grantor on May 16, 1975, which program and plan may be amended from time to time at the request of either the Grantor or Grantee, with the written concurrence of the other party, and such amendments shall be added to and become a part of the original application. 2. The Grantee shall, within six (6) months of the date of ~e deed of conveyance, erect and maintain a permanent sign or marker near the point of principal access to the conveyed area indicating that the property is a park or recreation area and has been acquired from the Federal Government for use by the general public. 3. The property shall not be sold, leased, assigned, or other- wise disposed of except to another eligible governmental agency that the Secretary of the Interior agrees in writing can assure the con- tinued use and maintenance of the property for public park or public recreational purposes subject to the same terms and conditions as contained in the original instrument of conveyance. However, no~hing in this provision shall preclude the Grantee from providing related recreational facilities and services compatible with the approved application, through concession agreements entered into with third parties, provided prior concurrence to such agreements is obtaingd in writing from the Secretary of the Interior. 4. From the date of this conveyance, the Grantee, its successors and assigns, shall prepare and submit biennial reports to the Secretary of the Interior, setting forth the use made of the property during the preceding two-year period, and other pertinent data establishing its continuous use for the purposes set forth above, for ten consecutive ref~rts, and as further determined by the Secretary of the Interior. 5. If at any time the United States of America shall determine ~at the premises herein conveyed, or any part thereof, are needed for the national defense, all right, title, and interest in and to said premises, or part thereof determined to be necessary to such national defense, shall revert to and become the property of the United States of America. 6. As part of the consideration for this Deed, the Grantee covenants and agrees for itself, its successors and assigns, that (1) the program for or in connection with which this Deed is made %~ill be conducted' in compliance with, and the Grantee, its successors and assigns, will comply with all requirements imposed by or pursuant to the regulations of the Department of the Interior as in effect on the date of this Deed (43 C.F.R. Part 17) issued under the provisions of Title VI of the civil Rights Act of 1964; (2) this covenant 'shall be subject in all respects to the provisions of said regulations; (3) the Grantee, its successors and assigns, will promptly take and continue to take such action as may be necessary to effectuate thi's covenant; (4) the United States shall have the right to seek judicial enforcement of this covenant, and (5) the Grantee, its successors and assigns, will (a) obtain from each other person, (any legal entity) who, through con- tractual or other arrangements wi~h the Grantee, its successors and assigns, is authorized to provide services or benefits under said pro- gram, a written agreement pursuant to which such other person shall, with respect to the services or benefits which he is authorized to provide, undertake for himself the same obligations as those imposed upon the Grantee, its successors and assigns, by this covenant, and (b) furnish a copy of such agreement to the Secretary of the Interior, or his successor; and that this covenant shall run with the land hereby conveyed, and shall in any event without regard to technical classifi- cation or desi~ation, legal or otherwise, be binding to the fullest extent permitted by law and equity for the benefit of, and in favor of ~e Grantor and enforceable by ~le Grantor against the Grantee, its successors and assigns. 7. In the event there is a breach of any of the conditions and covenants herein contained by the Grantee, its successors and assigns, whether caused by ~le legal or other inability of the Gran%ee, its successors and assigns, to perform said conditions and covenants, or othe~{ise, all right, title, and interest in and to the said premises shall revert to and become the property of the Grantor at its option, which, in addition to all other remedies for such breach, shall have the right of entry upon said premises, and the Grantee, its successors and assigns, shall forfeit all right, title, and interest in said premises and in any and all of the covenants, hereditaments, and appurtenances thereunto belonging; provided, however, that the failure n~ ~h~ gecretarv of ~e Interior to require in any one or more instanceg complete performance of any of the conditions or covenants shall not be construed as a waiver or relinquishmen~ of such future performance, but the obligations of the Grantee, its successors and assigns, with respect to such future performance shall continue in f~ll force and effect. IN WITNESS WHEREOF, the Grannor has caused these presents no be executed in its name and on its behalf this the /'/~ ~ day UNITED STATES OF AMERICA Acting by and through the Secretary of the Interior nal Dire~or west Re g i6~_~/~ au of Outdoor Recreation STATE OF WASHINGTON ) County of King ) On this /~ '-~/~/ day of ~/~ , 19~ before me, tile subscriber, personally appeared MAURICE H. LQNDY, to me known and known to me to be the Regional Director, Northwest Region, Bureau of Outdoor Recreation, of the United States Department of the Interior, a governmental agency of the United States of America, and known to me to bs the same person described in and who executed the foregoing instrument as such Regional Director aforesaid, as the act and deed of the United States of America, for and on behalf of the Secretary of the Interior, duly designated, empowered, and authorized so to do by said Secretary, and he acknowledged that he executed the foregoing instrument for and on behalf of the United States of America for the purposes and uses therein described. i' %- Notary Public in ~ for the ~::3 % State of Washington Pursuant to ~e autaotity of a resolution dated April 9, 1975, the foregoing conveyance is hereby accepted and.the undersigned agrees, by this acceptance, to assume and be bound by all the obligations, conditions, covenants, and agreements therein contai ned. City of Bremerton, a political / GLENN' ~'.~ JARSTADk [~ayor %~ ~' -' J~'~ City of Bre~,~r~on ':- ",~,~ C~ :,; ", Supe~in~snd~nt of before me, the undersigned officer, personally appeared GLENN K. subdivision of the State of Washington, and that they signed their ment for and on behalf of the City of Bremerton, a political subdivision of the State of Washin~ton, for the purposes and uses thereAD.,~.b¢,d. S~ate of Washlngton ~. ~. ~,,[ ~(.', .., t-:.;....¥ / .... '~, ~y ,,, %~ ~o~ The following is a legal description of property being assigned to the Bureau of OutdOOr Recreation for conveyance to the city of' Bremerton for park and recreationaluse, known as a portion of the ArSenal Way to Chico Highway Right-of-Way, Bremerion~ Washington. GSA Control Number ! GR-Wash-586B, being three parcels of land Sitnated iT Kitsap County, Sta{e of Washington, more particularly described as: , Tract I: ' That portion of the Northwest quarter of the Southeast quarter of Section 16, Township 2k North, Range 1 East, W. M., described as .~ollows: . Beginning at a concrete monm~ent set at the intersection of the southerly right of way line of Kitsap Way (formerly Primary State Hi~.bw~r No. 21 - 100 feet wide) with the westerly right of way line of Arsenal Way (hO feet ~ride), as said right of way lines ~zere located on Februal%' 29, 1960; thence South 24° 2k' k0" Uect along s~id westerly right of way line ].00,78 feet to the true point of beginning; thence continuing along said right of wsy line South 24° 24' hO" West 420.21, feet; thence North 16° 26' 57" West lh0.07 feet; thence North 1° 21' 56" %{est 292.03 feel; thence North 40° 12' 58" East 35.00 feet; thence North 89° 38' 33" East 178.49 feet; thence South 15° 03' 12" East 73.99 feet to the true point of beginning. Subject to a twenty (20) foot easement for sewer bei~ ten (10) feet each side of the following described line; begin at the true point of beginning of said Tract I, thence South 24° 24' ~0" West 420.24 feet; thence North 16° ~6' 57" West lkO.07 feet; thence No~h 01° 21' 56" West 60.6 feet ~nd the tlule point of be- ginning for this exception; thence North 69° k6' Oh" East 8.6 feet; thende North has a bearing of South Oh" k6° 57' East to the westerly side of Arsenal Way that 15° 03' 12" East ~ud the end of this exception. Tract II: ' . ' That portion of the East half of the Southwest quarter of Section 16, Township 2k North, Range 1 East, W. M., described as follows: Beginning at a concrete monument set at the intersection of the southerly right of way line of Kitsap Way (formerly Prim_try State Highl~Y No. 21 - !00 feet ~ith the westerly right of way line of Arsenal Way (hO feet wide), as said right of way lines were located on February 29, 1960; thence South 24° 2k' 40" West along said westerly right of way line 565.31 feet to a concrete monument; thence. South 9° 57' 20" East along said right--gl way line ~99.78 feet; thence leaving said right of way line, from a semi-tangent which bears North ~3° 35' 20" West, along a curve to the rigj%t having a radius of 1747.10 feet an arc distance of 128.50 feet; thence North 81° 55' 00" West 410 feet to the tr~e point of begin- ning; thence~outh 81° 55'00" East 80.00 feet; thence North 22° ih' 34" East 200.09 feet; thence Nort'h 31° 35' ~3" West 196.33 feet; thence South ~ 63° 2k' 17" West 16.48 feet to the point of curve of a curve to the right having a radius of blS.13 feet; thence alerts said cu~e through a central angle of 32° 59' 22" an arc distance of 240.70 feet to the westerly boundary of the Qaalheim War Housing Project; thence South 12° 38' 36" West along said boundary 182.11 feet; thence South 32° 12' GO" East'78 90 feet; thence South 76~ ~12' 00" East . 200.00 feet to the true point of beginning. : ~[[[ Tract That portion of the Northeast quarter of the Southwest quarter of Section 16, Township 24 North, Range 1 East, W,M., described as follows: Beginning at a concrete monument set at the intersection of the southerly ri§hr of way line of K~tsap Way (fokmerly P~i~ar~y Statd HiglYway Ne. 21 - 100 feet wide) with the westerly right of way line of Arsenal Way (40 feet wide), as/said right of way lines were located on February 29, 1960: thence South 24~ 24' 40" West along said westerly right ~f way lin~ 565.31 feet to a concrete monument; thence Sou~h 9~ 57' 20" East along said right of way line 499.78 feet; thence leaving said right of way line from a semi-tangent which bears North 43~ 35' 20" Wemt, along a cu~e to the right having a radius of 17~7.10 fe~t an arc distance of 128.50 feet; thence North 81~ 55~ 00" West 410.00 feet; ~hence North 76~ 12' 00" West 200.00 feet; thence North 32~ 12~ 00~' West 78.90 feet to the westerly boundary of the Qualheim War Housing Project; thence North 12~ 38~ 36" East along maid boundary 347.08 fee~ to a concrete monumenu and the true point of beginning; themce South 85~ 30' 59" Eas~ 151.26 feet~ thence Sou~h 3? 35' 43" East 17.17 feet~ thence South 63~ 24' 17" West 7.73 fee~ to the point of cu~e of a cu~e to the right having a radiu~ of 318.13 feet; thence along said curve through a central angle o~ 31~ 00' 48" an arc distance of 172.17 feet to said westerly boundmry of the Qualheim War Housing Project; thence North 12~ 38' 36" East along said boundary 64.18 feet to the true point of beginning. The bearings given in tha above described Tract~ I, II and III are based upon a meridian which bears 1~ 21' 27" East of the Washington State Department of Highways meridian. ~CE~ that the grantee herein, its successor's or assigns, shall have no right of ingres~ and egress to, from and betweep said SR 3 apd the lands herein conveyed; nor shall the grantee, herein, its successors or assigns, be entitled to compensation for any loss of light, view and air occasioned by the location, construction, main- tenance or operation of said higbway. EXCEPT that there shall be reasonable access to and from said Tract I and Arsenal Way southerly of Kitsap Way and there shall be reaso~ble access to and from said Tracts II and III and the DC3 Line right of way of SR 3, Arsenal Way to Chico, the ~3 Line right of way of said Nighway and the ~B3 Line right of way of said Highway, 865 1592 . , DATE SUBMITTED: April 28, 2004 BiLL # AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5 ~ SUBJECT: Pollution Liability Insurance Committee Meeting Date: May 4, 2004 COUNCIL MEETING Date: __May 12, 2004 Department: City Attome_y's Office Presenter: _ Peggy Lesser Phone: 5302 SUMMARY: The City of Bremerton first purchased pollution liability insurance in May 2001 on a three-year policy form. This coverage ends on May 16, 2004. ~ . ,~e?.ge i~ ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount): Sufficient funds were budgeted to cover this premium. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: ~ FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: -- OPERATIONS: CONSENT AGENDA [] COUNCIL PRESIDENT: RECOMMENDED MOTION: Motion to authorize the Risk Manager to purchase pollution liability insurance from Indian Harbor Insurance Company. COUNCIL ACTION: [] Approve [] Deny [] Table ~] Continue [] No Action DATE SUBMITTED: BILL AGENDA BILL CITY OF BREMERTON 3 CITY COUNCIL SUBJECT: Bid Award Recommendation - Committee Meeting Date: 5-4-2004 Purchase of Ductile Iron Pipe For Year 2004 COUNCIL MEETING Date: 5-12-2004 Department: Public Works & Utilities Presenter: W. Hamilton, Utilities Operations Manager Phone: 473-5207 SUMMARY: Call for bids was prepared, advertised, distributed and received in accordance with city bid procedures. Only one (1) bid was received. The bidder is H.D. Fowler Company, Bremerton, Wa. The City of Bremerton uses this company for purchasing of inventory and has proven to be a responsible, reliable and cooperative company. ATTACItMENTS: Bid proposal and bid tabulation form. FISCAL IMPACTS (Include Budgeted Amount): Public Works & Utilities would have to purchase ductile iron pipe in smaller quantities and would not receive the cost benefits we will get from approval of this contract. Budgeted amount is included in office and operating supply of $100,000.00 APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: ~ .............. OPERATIONS: ') ] .~----(~ ~7..-~ ,, CONSENT AGENDA [] RECOMMENDED MOTION: That the City Council approve the low bid of ll.D. Fowler Company and authorize the Mayor to execute the contract for the purchase of ductile iron pipe, subject to the City administrative policies and procedures. COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action 0q/OB/2~04 13:28 360478520D PAGE 03 PROPOSAL (~ TO THE CITY COUNCIL AND CITY CLERK, CITY OF BREMERTON: In accordance with your advertisement, plans and specifications on file in the office of the City Clerk the undersigned hereby agree(s) to provide aed deliver Two Thousand F~ve Hundred twenty I heal feet (2, 520) o Class 52 Ductile Iron Pipe In the following diameters: Four Inch (4") $ R,°-~ per foot F_~HT0~It~R~ Six Inch (6") $ ~, ~ "~T 0~11.~5 ~1~oo ~ Eight Inch (8") $ II. ~ "~v~ ~5 z~/~o ~ Twelve Inch (12") $ I~.~ "E~3~ ~la~5 ~ ~ Eighteen Inch (1[1") $ 3Z,~ '~T~O ~m~t Twenty-four Inch (2~1") $ ~Z. ~ "'F~/T~O ~II~S ~ Quanfi~ and sizes listed are representative for establishing pricing only and do not constitule an or~er. Ordem will be placed as needed, Pipe was manufactured at: ~5 ~PE ~ Pipe be shipped from: 12fl PPLE Rb. UNIo Deliveries will be scheduled beginning not more than thirty days (30) after Council authorization to award, All prices are F.O.B. City destination, LIQUIDATED DAMAGES: I[ said materials are not delivered ~lhin the lime stipulated by the Representative. the Conlract Dr must pay to the CI~ the sum of Twen~ Five Dollars ($25.00) lor each working day after expiration of the time spatted for delNe~ as liquidated damages. This se~ion applies to the original and each subsequent order placed by the C~. ConIractor Signature '~ [~rm Ramo ~,~ ~lL~ ~_0, All propossIsmust~ ~n ~nk or tgpowr~tl~n. Address ~[5~O ~ ~ ~ No erasures permitted Telephone Number ~-- 3~O~ ~' ~O~ F~Number /-~O' Signature of ~ Preparer:_ Breme~on Business LicEnse ~ ~ I ~ ~ IRS TIN/SS ~ 11 PAGE NON-COLLUSION AFFIDAVIT STATE OF WASHINGTON, COUNTY OF I~T'S~¢ ~.,4~,.~ "p~L. being first duly sworn, on his oath says that he is (Name) E~-~,,~-~o,~..- that the bid above submitted is genuine and not a (Title) sham or collusive bid, or made in the interest or on behalf of any person therein named: and he further says that the said bidder has not directly or indirectly induced or solicited any bidder on the above work or supplies to put in a sham bid, or any other person or corporation lo refrain from bidding; and that the said bidder' has not in any manner sought by collusion to secure ~u,--~. self any advantage over any other bidder c,r bidders. Subscribed and sworn 'Lo before me this 5- day of ~Z ~,t. NL ~,"h Notary Public in and for the ----~""~..,..,-,~,,,,, ~.~?~o State of Washington residing ~, ~ ',, ~ My commission expires 12 04/05/2804 13:2B 36047B5200 PAGE 82 DATE SUBMITTED: April 12, 2004 BILL AGENDA BILL CITY OF BREMERTON 3 CITY COUNCIL SUBJECT: Award Contract for Tracyton Committee Meeting Date: May 4, 2004 Water System Phase II COUNCIL MEETING Date: May 12, 2004 Department: PW&U, Engineering Presenter: Mike Mecham Phone: 473-5288 SUMMARY: Sealed bids for construction of the project titled "Tracyton Water System Phase II" were opened on April 30, 2004. The engineer's estimate for the project is $ 693,000. ~i~' bids were received for this project, l~'ova ff_.~,,,'tr'~dc~ :t2~r._ was the lowest responsive, responsible bidder with a bid of $ ~ (including sales tax). ATTACHMENTS: 1) Bid Tabulation; 2) Contract Work Description FISCAL IMPACTS (Include Budgeted Amount): The pr6ject is funded by a Drinking Water State Revolving Fund loan and is included in the 2004 budget. CITY ATTO NE.: MAYOR: [ '/'~-~,...,? -. ~ FISCAL/BUDGET: ,,//r~ )~~i:>~..~2~7 __ [ OPERATIONS: )-t~.... '~.~, ...... ~-----'~-'------1 CONSENT AGENDA COUNCIL PRESIDENT: 2~'"/g'~-- ~ O' RECOMMENDED MOTION: Move to award a contract in the amount ors ~ with I~oVn ff_~.tra~,'~. .-~nr, for construction of the project tided "Tracyton Water System Phase II" ' '~ and authorize the Mayor to finalize and execute the necessary contract documents for construction. COUNCIL ACTION: [] Approve [] Deny [] Table~-''~ [] Continue [] No Action ab. Agenda Bills 2004. I'racyton Water System Phase II, Bid Award Tracyton Water System Phase II Contract Scope of Work Contract work is for the second and final stage of the Tracyton Water System Upgrade. New 8" diameter water mains will be installed on Johnson, Hart, Stingle and Painter Streets, on the private drive north of Tracyton Elementary School, on Eells Road and on the alley east of Nora Street. The project also includes installation of 10 new fire hydrants and connection of 83 domestic services to the new mains DATE SUBMiI'IED: April 27, 2004 BILL AGENDA BILL CITY OF BREMERTON CITY COUNCIL ~ SUBJECT: SHB 2060 Affordable Housing Committee Meeting Date: May 4, 2004 Funds - Interlocal Agreement COUNCIL MEETING Date: May 12, 2004 Department: DCD Presenter: Shirley Aird Phone: 473-5211 SUMMARY: SHB 2060 was passed by the Washington State Legislature in June, 2002, and implemented a surcharge on document recording fees to be used for affordable housing in the state. Funds are distributed through the county(ies) and are administered jointly by county and city governments. Eligible uses of funds, collection methods, allowed administrative costs, etc. were defined in SHB 2060, but responsibility for implementation of the law was delegated to local governments or coalitions. In Kitsap County, the Kitsap Regional Coordinating Council, with a technical advisory committee from the Continuum of Care Coalition, has taken the lead to develop a system for distribution of 2060 funds throughout the county. This work has resulted in an interlocal agreement among the county and city governments which sets forth the purpose, administrative structure, fund availability, eligible participants, eligible projects, distribution methodology, as well as program review and monitoring. The parties involved need to sign on to the interlocal agreement in order to allow funds to be disbursed. Mary McClure fi'om the Kitsap Regional Coordinating Council will attend the May 4 Council Committee meeting to briefly describe the process and program and to answer questions. ATTACHMENTS: KRCC Guiding Principles for the 2060 Affordable Housing Program, Interlocal Agreement (April 22 revised draft) FISCAL IMPACTS (Include Budgeted Amount): -0- APPROVALS: CITY ATTORNEY: ~ ~ ~ MAYOR: OPERATIONS: CONSENT AGENDA [] COUNCIL PRESIDENT: ""~~ d ,oa,'~ ~ RECOMMENDED MOTION: Move to approve the Interlocal Agreement Between Kitsap County and the City of Bainbridge Island, City of Bremerton, City of Port Orchard and City of Poulsbo Concerning Allocation of SIqB 2060 Surcharge Funds to Very Low-Income Housing Projects In , Kitsap County and its Incorporated Cities, and to authorize the Mayor to sign the agreement,~ ~ COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action 3¢ Kitsap Regional Coordinating Council May 5, 2004 KRCC Chair Councilor Carol Arends City of Bremerton To: Bremerton City Council KRCC Vice-Chair From: Mary McClure, Exeuctive Director Commissioner Patty Lent Kitsap County Kitsap Reigonal Coordinating Council Commissioner Jan Angel Re: SHB 2060 Inter-local Agreement Commissioner Chris Endresen Kitsap County Thank you for the opportunity yesterday to answer questions and hear your concerns CouncilorMay°r CarYMikeBoZemanshort about the distribution of funds tbr low-income housing pursuant to SHB 2060, and the councilor Diaene Robinson * ILA that will govern the program. City of Bremerton Mayor Darlene Kordoeowy I did agree to provide you with a few pieces of follow-up information: Councilor Christine Rolfes Councilor Bill Knobloch * The Bremerton SMA (census region) includes all of Kitsap County, so that median City of Bainbridge Island · · ~ncome is calculated based on all households in the county. Mayor Klm Abel Coundlor Carolyn Powers* As part of implementing SHB 2060, WA State has contracted with a research group at City of Pod Orchard WSU to keep track of vacancy rates. I would anticipate receiving relevant reports on a Mayor Donna Jean Bruce regular, periodic basis and will forward those to the County and Cities as I receive them Councilor Dale Rudolph * over time. City of Poulsbo Councilor Roger Contraro I have provided a clean copy of the ILA to each of the Cities and to the County (including Rob Purser* Lori Smith) that does include the insertion of the word "housing" in 2.5, as Councilman Suquamish Tdbe Gehring suggested. Council Chair Roe Charles Phil Dom * Again, my thanks to you. Port Gamble S'Kiallam Tdbe Ma~t McClure Executive Director cc: Lori Smith · voting alternates Shirley Aird 25406 S, Kingston Road Kingston, WA 98346 360-377-4900 (voice) 360-297- 7762 (fax) emaih krccC, centurytel.net DEPARTMENT OF COMMUNI'TY DEVELOPMENT MEMORANDUM To: Council President Nygren, City Council Members From: Shirley Aird, CDBG Coordinator Date: May 6, 2004 Re: SHB2060 Funds, Interlocal Agreement Following Council Committee discussion on May 4, 2004, staff were asked to provide further information regarding Census statistical areas and "median income" limits for the Bremerton - Kitsap County area. The Bremerton Metropolitan Statistical Area (MSA) includes the entirety of Kitsap County; a list of MSAs in Washington is attached. Median incomes are determined based on MSAs. The median family income and income levels, adjusted for household size, are also attached, along with the income levels for the Seattle and Tacoma MSAs for comparison. In addition, Council requested more information regarding section 5.2 of the Interlocal Agreement, which states: "SHB 2060 funds shall not be used for construction of new housing if at any time the vacancy rate for available Iow-income housing within the County dses above ten percent (10%). The vacancy rate for the County shall be determined using the state Iow-income vacancy rate standard developed under RCW 36.22.178(3), as such provision may be amended from time to time." RCW 36.22.178(3) references RCW 18.85.540, which establishes the Real Estate Reseamh Center at Washington State University. The purpose of the center "is to provide credible research, value-added information, education services, and project-oriented reseamh to real estate licensees, real estate consumers, real estate service providers, institutional customers, public agencies, and communities in Washington state and the Pacific Northwest region." Among other duties, this center is chartered to develop a vacancy rate standard for Iow- income housing in the state. Finally, a revised copy of the Interlocal Agreement regarding distribution of the 2060 funds has been forwarded to City Council separately. METROPOLITAN AND MISAS AND COMPONENTS, December 2003, WITH CODES (Census Bureau Metropolitan and MiSAs, and metropolitan divisions defined by the Office of Management and Budget, December 2003) Source: Population Division, U.S. Census Bureau Last Revised: January 6, 2004 Internet Release Date: February 25, 2004 FIPS I CBSA Div State/ Code Code County CBSA and Division Titles and Components 10140 53027 Aberdeen Micropolitan Statistical Area (MiSA): Grays Harbor County 13380 53073 Bellingham Metropolitan Statistical Area (MSA): Whatcom County 14740 53035 Bremerton-Silverdale MSA: Kitsap County 16500 53041 Centralia MiSA: Lewis County 21260 53037 Ellensburg MiSA: Kittitas County 28420 Ken newick-Richland-Pasco MSA 28420 53005 Benton County 28420 53021 Franklin County 30300 Lewiston, ID-WA MSA 30300 16069 Nez Perce County, ID 30300 53003 Asotin County 31020 53015 Longview MSA: Cowlitz County 34180 53025 Moses Lake MiSA: Grant County 34580 53057 Mount Vernon-Anacortes MSA: Skagit County 36020 53029 Oak Harbor MiSA: Island County 36500 53067 Olympia MSA: Thurston County 38820 53009 Port Angeles MiSA: Clallam County 38900 Portland-Vancouver-Beaverton, OR-WA MSA 38900 41005 Clackamas County, OR 38900 41009 Columbia County, OR 38900 41051 Multnomah County, OR 38900 41067 Washington County, OR 38900 41071 Yamhill County, OR 38900 53011 Clark County 38900 53059 Skamania County 39420 53075 Pullman MiSA: Whitman County 42660 Seattle-Tacoma-Bellevue MSA 42660 42644 Seattle-Bellevue-Everett Metropolitan Division 42660 53033 King County 42660 53061 Snohomish County 42660 45104 53053 Tacoma Metropolitan Division: Pierce County 43220 53045 Shelton MiSA: Mason County 44060 53063 Spokane MSA: Spokane County 47460 53071 Walla Walla MiSA: Walla Watla County 48300 Wenatchee MSA 48300 53007 Chelan County 48300 53017 Douglas County 49420 53077 Yakima MSA: Yakima County · Page 2 2004 HUD Income Limits Household size MSA Income Level I 2 3 4 5 6 7 8 Bremedon 30% Median 13,350 15,250 17,150 19,050 20,550 22,100 23,600 25,150 Median Family Income: Very Low (50%) 22,250 25,400 28,600 31,750 34,300 36,850 39,350 41,900 63,500 Low Income (80%) 35,550 40,650 45,700 50,800 54,850 58,950 63,000 67,050 Seattle-Bellevue-Everett 30% Median 16,350 18,700 21,050 23,350 25,250 27,100 29,000 30,850 Median Family income: Very Low (50%) 27,250 31,150 35,050 38,950 42,050 45,200 48,300 51,400 71,900 Low Income (80%) 40,250 46,000 51,750 57,500 62,100 66,700 71,300 75,900 Tacoma 30% Median 13,050 14,900 16,750 18,650 20,100 21,600 23,100 24,600 Median Family Income: Very Low (50%) 21,750 24,850 27,950 31,050 33,550 36,000 38,500 41,000 62,100 Lowlncome (80%) 34,800 39,750 44,700 49,700 53,650 57,650 61,600 65,600 · Page 3 Kitsap Regional Coordinating Council SHB 2060: Affordable Housing Program Guiding Principles KRCC Chair Overview Commissioner Jan Angel Substitute House Bill 2060 became law in Washington State on June 13, 2002. The law ~(~ap county created a document recording fee on certain documents to be utilized for low -- income KRCC Vice-Chair housing. Administration of the fund is shared between local governments and the State. Council President Carol Arends The local portion of 2060 funds is to be administered pursuant to an interlocal City of Bremertou agreement between IGtsap County and the Cities within the County. commissioner Chris Endresen The Kitsap Regional Coordinating Council appointed an ad hoc committee to produce Commissioner Patty Lent K~a~ Count~ guidelines for the use of the Kitsap County SI-IB 2060 funds. This committee was made up of representatives from Cities and the County and worked closely with the Kitsap Mayor Ca'/B~eman Continuum of Care Coalition. Ccuneo~ Will Maupin Councilor Mike Short* City of Bremetfon As constructed by the committee, this plan provides: Mayor Oa~ene K0~onowy >' Flexible funding to address all eligible activities within the law; Councilor LeOs Curtis Counci!or Christine Reofss * ~ Funding stability and predictability for jurisdictions and programs, with CityofBainbddge Island opportunities for both urban and rural communities; Mayor Jay Weatherill ~' Operation and maintenance funding for our community's emergency shelter system Counci~ Carolyn Powers * City ofP~rt O~chard and affordable housing; Mayor Donna Jean Bruce ~' The opportunity to direct strategic investments through a fiscally conservative Councilor Jaclde Aitchison *approach. City of Pouisbo Administrative Structure Councilor Rob Purser Alison O'Sullivan' The Kitsap Regional Coordinating Council (KRCC) Policy Board includes elected Suquamish Tdbe officials from Kitsap County and all of the Kitsap Cities. The Board shall set policy Council Chair Ron Chutes concerning the use of SHB 2060 funds and distribution of funding to eligible applicants. Phil Dom · Port Gamble $'Klal/am T#be The Kitsap Continuum of Care Coalition (CoCC) shall act as the technical advisory body to the KRCC Policy Board: MaP/McClure ExecufiveDirec~or ~' As part of its annual update to the Kitsap County Consolidated Plan for Affordable · v~ng ~tematss Housing and its planning for the use of federal funding, the CoCC shall develop and recommend to the KRCC Policy Board specific annual priorities for the use of that year's SHB 2060 funds, with a list of participating CoCC members. The Policy Board may set aside a percentage or specific amount of funds to address emergent 25406 $. Kingston Road needs -- for instance, to fund a task force to develop possible solutions to new or Kingston, WA 98346 intransigent problems. 360-377-4900 (voice) 360-297-7762 (fax) ~' After the ICRCC Policy Board has adopted annual priorities, the CoCC will appoint emaih krcc~.centur~tel, net a subcommittee from among its membership, not including any agency that intends to apply for that year's funding and including a representative of the Kitsap County Auditor's office. The CoCC subcommittee will review funding applications and prepare a recommendation for the KRCC Policy Board's consideration. The recommendation may include options or a single set of recommended projects. Administrative costs are to be covered by the 5% fee retained offthe top by the County Auditor and earned income on the dedicated fund. The Kitsap County Auditor shall retain the statutory 5% fee for administration of awarded funds, including collecting and dispersing the document recording fees, as per SHB 2060. Should the statute be amended to distribute administrative funds less specifically, the KRCC should be considered as an appropriate recipient, to cover the cost of program monitoring and administration, as described below. Fund Availability On an annual basis, the Kitsap Regional Coordinating Council shall publish a Notice of Funds Availability (NOFA). This notice will set forth the annual program priorities; amount of funds available; the duration of funds to be awarded or distributed; the deadline for submission of funding applications; and any other pertinent information related to the process. Eligible Recipients Eligible recipients of the funding from SI-lB 2060 shall be public housing authorities, IRS-certified non- profit agencies/providers of affordable housing, Cities, Towns, the County, Tribes, and for-profit developers. Fund Distribution Because the actual amount of document recording fees collected may va~ annually, the amounts for capital investment and operating funds are expressed as target percentages in relation to the State of Washington's forecast of annual program revenue. The annual funds will be divided into three segments: Projected ~ / ~ 40% of Projected Revenue + I~ Overage: Revenue: ~ ~ / / ~ Capital or One Time Projects $296,000 * / ~ (could include 60% of Projected 4' Maintenance & Operations) Revenue / Maintenance & Operations: / 5 year grants to new programs 3 year grants to existing programs · asper the State of Washington Opportunity to renew for additional 3 years 2060 Program Review The 2060 Implementation Program shall be reviewed after the first 2 years' operation, and then as deter- mined through the review process. The Kitsap Regional Coordinating Council and Continuum of Care Coalition, with input from non-profits and other interested parties, shall review program operation and implement any appropriate changes, specifically including revisions to target percentages for use of funds. Geographic Equity: The Kitsap Regional Coordinating Council Policy Board shall be responsible for making certain that funds are distributed in a manner that balances: needs that exist throughout the County and program Kitsap Regional Coordinating Council Page 2 2060 Ad }loc Committee Guiding Principles Approved by KRCC Policy Board November 4, 2003; Refinement Approved 03/02/04 users' access to services. The overall intent is to ensure that, over time, all areas of Kitsap County receive appropriate levels of funding through this initiative. Project Monitoring The Kitsap Regional Coordinating Council, in conjunction with the Continuum of Care Coalition, shall monitor all projects for compliance with the funding terms and conditions in the contract(s). Funding recipients shall prepare a simple annual program report to the KRCC Policy Board and the CoCC. Eligible 2060 Activities The Kitsap 2060 program should provide the full flexibility of uses defined in the legislation, specifically serving those at or below 50% of median income: } Provide funding for operating and maintaining emergency shelters and transitional housing; } Provide funding for operating and maintaining housing; } Provide funding to build new single-family housing units, including duplexes, multifamily housing, and single room occupancies. } Build emergency or youth shelters; } Build group homes or special-needs housing; ~' Provide funding to rehabilitate housing (repair/replace roofs, walls, electrical systems, doors, floors, cabinets, ceilings, bathrooms, etc.); ~- Provide short-term rental/mortgage assistance; } Acquisition of housing; } Acquisition of land for future housing; } Payment of soft costs (not bricks/mortar) associated with housing development. Kitsap Regional Coordinating Council Page 3 2060 Ad Hoc Committee Guiding Principles Approved by KRCC Policy Board November 4, 2003; Refinement Approved 03/02/04 Interlocai Agreement Between Kitsap County and the City of Bainbridge Island, City of Bremerton, City of Port Orchard and City of Poulsbo Concerning Allocation of SHB 2060 Surcharge Funds to Very Low-Income Housing Projects In Kitsap County and its Incorporated Cities This Agreement, made pursuant to Chapter 39.34 RCW, is between KITSAP COUNTY (hereinafter, the County), a political subdivision of the State of Washington, and the CITY OF BAINBRIDGE ISLAND, the CITY OF BREMERTON, the CITY OF PORT ORCHARD, and the CITY OF POULSBO, (hereinafter, the Cities), municipal corporations of the State of Washington. WHEREAS, in 2002, the State enacted an Act relating to funding the operation and maintenance of low-income housing projects through SHB 2060, 2002 Washington Laws Ch. 294; and WHEREAS, pursuant to SHB 2060, RCW 36.22. 178, revenue generated through a sumharge on recording documents (hereafter "SHB 2060 surcharge funds") may be used by the County and its Cities and Towns for housing projects that are affordable to very low-income persons; and WHEREAS, under the Act, the portion of the surcharge retained by a county shall be allocated to very Iow-income housing projects or units within such housing projects in the county and the cities within the county according to an interlocal agreement; and WHEREAS, through the Kitsap Regional Coordinating Council (hereinafter KRCC), the County and the Cities have worked together to prepare a set of Guiding Principles that will serve as a framework for allocating the surcharge monies to the various projects; and WHEREAS, the County and the Cities desire to implement the Guiding Principles through this interlocal agreement; NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions contained herein, the parties agree as follows: SECTION 1 PURPOSE The purpose of this Agreement is to establish a process whereby the County, the Cities, and the KRCC implement a set of Guiding Principles for the allocation of SHB 2060 surcharge funds to eligible applicants. SECTION 2 ADMINISTRATIVE STRUCTURE 2.1 The Kitsap Regional Coordinating Council (KRCC) Board includes elected officials from the County, the Cities and all Native American Tribes located within Kitsap County, currently the Suquamish and Port Gamble S'Klallam Tribes (the "Tribes"). The Board shall set policy concerning the use and distribution of SHB 2060 funds as per those Affordable Housing Program Guiding Principles previously adopted by the Board, as such principles may be amended by the Board in its discretion from time to time. 2.2 The Kitsap Continuum of Care Coalition (CoCC), which is an unincorporated association of low-income housing providers in Kitsap County, has agreed, through a separate memorandum of agreement, to act as the technical advisory body to the KRCC Board. 2.3. As part of its annual update to the Kitsap County Consolidated Plan for Affordable Housing and its planning for the use of federal funding, the CoCC has agreed to develop and recommend to the KRCC Board specific annual priorities for the use of that year's SHB 2060 funds, with a list of participating CoCC members. 2.4. Each year, after the KRCC Board has adopted annual priorities, the KRCC will appoint a subcommittee including at least three members of the CoCC (but not including any agency that intends to apply for that year's funding) and including a representative of the Kitsap County Auditor's office. The subcommittee will review funding applications and prepare a recommendation for the KRCC Board's consideration. The recommendation may include options or a single set of recommended projects. The Kitsap County Auditor shall provide administration of awarded funds. Administrative costs are to be covered by the 5% fee retained offthe top by the County Auditor for collecting and dispersing the document recording fees. Should the statute be amended to distribute administrative funds less specifically, the KRCC may be considered as an appropriate recipient, to cover the cost of program monitoring and administration as described below. 2.5 The KRCC Board may set aside a percentage or specific amount of funds to address emergent housing needs consistent with the purposes of Chapter 36.22 RCW. SECTION 3 FUND AVAILABILITY On an annual basis, KRCC shall publish a Notice Of Funds Availability (NOFA). This notice will set forth the annual program priorities; amount of funds available; the duration of funds to be awarded or distributed; the deadline for submission of funding applications; and any other pertinent information related to the process. SECTION 4 ELIGIBLE RECIPIENTS 4.1 Eligible recipients. Eligible recipients of the SHB 2060 surcharge funds shall include public housing authorities, IRS-certified non-profit agencies/providers of affordable housing, the Cities, the County, the Tribes, and for-profit developers, provided the funds are used only for projects as defined in Section 5, herein and as provided under RCW 36.22.178 4.2 Geographic Equity. The KRCC Board shall be responsible for ensuring that funds are distributed in a manner that balances existing needs throughout the County with program users' access to services. It is the overall intent of this Agreement that, over time, all areas of Kitsap County shall equitably receive appropriate levels of funding pursuant to this Interlocal Agreement. SECTION 5 PERMISSIBLE USES OF SHB 2060 SURCHARGE FUNDS 5.1 Permissible Uses of the SHB 2060 surcharge funds are limited to those uses set out under RCW 36.22.178 as follows: (a) Acquisition, construction, or rehabilitation of housing projects or units within housing projects that are affordable to very low-income persons with incomes at or below fifty percent of the area median income; (b) Supporting building operation and maintenance costs of housing projects or units within housing projects built with housing trust funds, that are affordable to very low- income persons with incomes at or beto~v fifty percent of the area median income, and that require a supplement to rent income to cover ongoing operating expenses (referred to herein as "Maintenance and Operations"); (c) Rental assistance vouchers for housing projects or units within housing projects that are affordable to very low~income persons with incomes at or below fifty percent of the area median income, to be administered by a local public housing authority or other local organization that has an existing rental assistance voucher program, consistent with the United States Department of Housing and Urban Development's section 8 rental assistance voucher program standards; and (d) Operating costs for emergency shelters and licensed overnight youth shelters. 5.2 SHB 2060 funds shall not be used for construction of new housing if at any time the vacancy rate for available low-income housing within the County rises above ten percent (10%). The vacancy rate for the County shall be determined using the state low-income vacancy rate standard developed under RCW 36.22.178(3), as such provision may be amended from time to time. 5.3 In the event RCW 36.22.178 is amended to include additional permissible uses of the SHB 2060 surcharge funds, those permissible uses shall also be permitted under this Agreement without formal amendment to this Agreement. 5.4 In the event RCW 36.22.178 is amended to disallow any current permissible uses of the SHB 2060 surcharge funds, set forth in Section 4.1 above, those permissible uses shall no longer be permitted under this Agreement without formal amendment to this Agreement. SECTION 6 FUND DISTRIBUTION 6.1 The Parties agree that a portion of the available SHB 2060 surcharge funds shall be allocated to Maintenance and Operations through: (a) Five year grant awards to new programs and projects; and/or (b) Three-year grant awards to existing programs, with an opportunity to renew for an additional three-year term. The specific portion of funds available for three- and five-year awards shall be no more than 60% of the annual projected program revenue (as projected by Washington State). 6.2 The Parties agree that the remainder of the available SHB 2060 surcharge funds shall be allocated to projects on a non-recurring basis, that is, to capital or one-time projects, which may include Maintenance and Operations. 6.3 As a condition to receiving any SHB 2060 surcharge funds, each successful applicant shall enter into a contract with KRCC, in a form to be presented by KRCC, relating to the applicant's use of the funds and applicable standards for the project ("the Contract"). SECTION 7 SHB 2060 PROGRAM REVIEW Within the first two years of operation, the KRCC and the CoCC, with input from non-profits and other interested parties, shall review the program operation and shall implement any appropriate changes, specifically including revisions to target percentages for use of funds. (see Section 5) SECTION 8 PROJECT MONITORING 8.1 The KRCC shall monitor all projects for compliance with the funding terms and conditions in the Contract(s). 8.2 Through the Contract(s), funding recipients shall agree to provide quarterly program reports to the KRCC Board and the CoCC during the first year of funding, and every six months thereafter. SECTION 9 MISCELLANEOUS 9.1 Duration. It is intended that this Agreement will have an indefinite duration unless the funding source is eliminated by the State Legislature. 9.2 Termination. Any party may terminate its participation in this Agreement upon 90 days' written notice to the other parties. 9.3 Filing. When fully executed, this Agreement shall be filed with the Kitsap County Auditor. 9.4 Notices. Any notices required by this Agreement shall be delivered, or mailed postage prepaid, and addressed to: Kitsap County City of Bainbridge Island City of Bremerton Clerk to the Board City Clerk City Clerk Office of the Kitsap County City o f Bainbridge Island City of Bremerton Board of Commissioners 280 Madison Avenue N. 239 4th Street 614 Division Street Bainbridge Island, WA 98110 Bremerton, WA 98337 Mailstop 4 Port Orchard, WA 98366 City of Port Orchard City of Poulsbo Kitsap Regional Coordinating Council City Clerk Mayor Executive Director City of Port Orchard City of Poulsbo Kitsap Regional Coordinating Council 216 Prospect Street 19050 Jensen Wy NE 25406 S. Kingston Road Port Orchard, WA 98366 P.O. Box 98 Kingston, WA 98346 Poulsbo, WA 98370 9.5 Administration. As this Agreement contemplates no joint or cooperative undertaking, each party shall administer the Agreement as to its own responsibilities under the Agreement. The KRCC shall oversee the revenue sharing process provided for in this Agreement. 9.6 Reporting. At the start of each calendar year, the KRCC shall report to its member jurisdictions all awards made with SHB 2060 surcharge funds pursuant to this Agreement during the preceding calendar year. 9.7 Waiver. The failure by the County or any City to enforce any term or condition of this Agreement shall not be construed to constitute a waiver of any other term or condition, or of any subsequent breach of any provision, of this Agreement. 9.8 Entire Agreement. This Agreement includes the entire agreement of the parties with respect to any matter addressed in this Agreement 9.9 Amendment. This Agreement may be amended only upon the written agreement of the parties made with the same formalities as those required for its original execution. 9.10 Review. The County and the Cities shall review this Agreement within the KRCC no later than December of 2005, and every five years thereafter; provided, that nothing herein shall be construed as limiting the parties' rights to amend this Agreement at any time in accordance with Section 9.9 above. 9.11 Effective Date. This Agreement shall take effect immediately upon recording a fully executed original of this Agreement in the office of the Kitsap County Auditor. 9.12 Authorization. By resolution or ordinance, the governing bodies of the County and the Cities have authorized their respective designated officials to execute this Agreement on their behalf. Interlocal Agreement Between Kitsap County and the City of Bainbridge Island, City of Bremerton, City of Port Orchard and City of Poulsbo Concerning Allocation of SHB 2060 Surcharge Funds to Very Low-Income Housing Projects In Kitsap County and its Incorporated Cities APPROVED BY THE KITSAP COUNTY BOARD OF COMMISSIONERS this day of ,2004. Patty Lent, Chair Chris Endresen, Commissioner Jan Angel, Commissioner ATTEST: Opal Robertson Clerk of the Board qq Interlocal Agreement Between Kitsap County and the City of Bainbridge Island, City of Bremerton, City of Port Orchard and City of Poulsbo Concerning Allocation of SHB 2060 Surcharge Funds to Very Low-Income Housing Projects In Kitsap County and its Incorporated Cities PASSED BY THE CITY OF BAINBRIDGE ISLAND CITY COUNCIL this __ day of ,2004. APPROVED BY THE CITY OF BAINBRIDGE ISLAND MAYOR this day of ,2004. Darlene Kordonow~, Mayor Attest: Susan P. Kasper City Clerk Approved as to Form: Rod P. Kaseguma City Attorney Interlocal Agreement Between Kitsap County and the City of Bainbridge Island, City of Bremerton, City of Port Orchard and City of Poulsbo Concerning Allocation of SHB 2060 Surcharge Funds to Very Low-Income Housing Projects In Kitsap County and its Incorporated Cities PASSED BY THE CITY OF BREMERTON CITY COUNCIL this day of ,2004. APPROVED BY THE CITY OF BREMERTON MAYOR this __ day of ,2004. Cary Bozeman, Mayor Attest: Paula Johnston Interim City Clerk Approved as to Form: Roger Lubovich City Attorney 51 Interlocal Agreement Between Kitsap County and the City of Bainbridge Island, City of Bremerton, City of Port Orchard and City of Poulsbo Concerning Allocation of SHB 2060 Surcharge Funds to Very Low-Income Housing Projects In Kitsap County and its Incorporated Cities PASSED BY THE CITY OF PORT ORCHARD CITY COUNCIL this __ day of ,2004. APPROVED BY THE CITY OF PORT ORCHARD MAYOR this day of ,2004. Kim E. Abel Mayor Attest: Carol Etgen City Clerk Approved as to Form: Loren D. Combs City Attorney Interlocal Agreement Between Kitsap County and the City of Bainbridge Island, City of Bremerton, City of Port Orchard and City of Poulsbo Concerning Allocation of SHB 2060 Surcharge Funds to Very Low-Income Housing Projects In Kitsap County and its Incorporated Cities PASSED BY THE CITY OF POULSBO CITY COUNCIL this day of 2004. APPROVED BY THE CITY OF POULSBO MAYOR this __ day of ,2004. Donna Jean Bruce, Mayor Attest: Karol Jones City Clerk Approved as to Form: James Haney City Attomey 53 DATE SUBMITTED: April 6, 2004 BILL AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: HEARiNG AND Committee Meeting Date: April 20, 2004 ORDINANCE # q~ t~6, VACATING A COUNCIL MEETING Date: APRIL 28, 2004 PORTION OF FIRST STREET LOCATED Department: PW&U, Engineering BETWEEN MARION AND YANTIC Presenter: Michael C. Mecham AVENUES. Phone: 473.5288 SUMMARY: The City received a petition from Victor Targett to vacate a portion of First Street located between Marion and Yantic Avenues. This date has been scheduled for a public heating in accordance with state law and the Bremerton Municipal Code for first reading on the proposed ordinance vacating the subject property. This is a Class III tight-of-way and compensation is not required in accordance with BMC 11.20.880,. Iq0. ATTACHMENTS: 1 .) Ordinance # tl/~ q fa; 2.) Site Map FISCAL IMPACTS (include Budgeted Amount): No Impact. APPROVALS: EPARTMENT DIRECTO~ D C TY ATTORNEY: F~ANCE DI~ T c MAYOR: FISCAL/BUDGET: OPE~TIONS: ~COMMENDED MOTION: B. Move to pass Ordinance ~ ~q~ on second reading, vacating a potion of First Street located between Marion ~d Yantic Avenues. COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action ab/Agenda Bills 2004/First Street Vacation, Agenda Bill for Ordinance ORDINANCE NO. qt~ AN ORDINANCE of the City Council of the City of Bremerton, Washington, relating to the vacation of streets, vacating a portion of First Street located between Marion and Yantic Avenues in the City of Bremerton. WHEREAS, the City received a petition to vacate a portion of First Street located between Marion and Yantic Avenues in the City of Bremerton, and WHEREAS, the City passed Resolution No. 2922 declaring its intention to vacate a portion of First Street located between Marion and Yantic Avenues, which resolution also set a hearing to take public comment or consider written objections to the vacation; and WHEREAS, fewer than fifty percent of the property owners abutting said right- of-way filed written objections to this action prior to the time set for public hearing herein; and WHEREAS, a public hearing was held with proper notice on April 28, 2004, in the City Council Chambers of the Bremerton City Hall to take public comment or consider written objections to the vacation; and WHEREAS, the City Council has determined that it is in the best interest of the public to proceed with the vacation; and WHEREAS, the City Council finds it appropriate to reserve certain easements within the area to be vacated; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAiN AS FOLLOWS: SECTION 1. The foregoing recitals are incorporated as if fully set forth herein. SECTION2. A portion of First Street located between Marion and Yantic Avenues in the City of Bremerton, as described in Exhibit A, which is attached and incorporated herein by this reference, is hereby vacated to the abutting property owner including any and all easements contained therein. SECTION 3. Reservation o£Easements. a. An easement is reserved for the City of Bremerton, Public Works and Utilities Department for construction, operation, maintenance and repair of City utilities over, under and upon the entire area vacated pursuant to this ordinance. b. An easement is reserved for Cascade Natural Gas for operation, maintenance and repair of a gas line and appurtenances within the area vacated pursuant to this ordinance. 1 Street Vacation - First Street between Marion and Yantic Avenues c. An easement is reserved for Puget Sound Energy for operation, maintenance and repair of electrical facilities within the area vacated pursuant to this ordinance. d. An easement is reserved for QWest for operation, maintenance and repair of utilities within the area vacated pursuant to this ordinance. SECTION4. No vested rights shall be affected by the provisions of this ordinance. SECTION 5. Severabili02. If any one or more section, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 6. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. APPROVED by the City Council the day of ., 2004. PASSED by the City Council the day of ,2004. DAREN NYGREN, Council President Approved this day of ,2004. CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: Paula Johnston, Interim City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the day of _, 2004. EFFECTIVE the day of ,2004. ORDINANCE NO. RSLEGAL\Ordinances~Public Works & UtilitiesWacation - Marion & Yantic doc 2 Street Vacation - First Street between Marion and Yantic Avenues EXHIBIT A Legal Description Right-Of.Way Vacation A portion of First Street located between Marion and Yantic Avenues THAT PORTION OF FIRST STREET SITUATE WITHIN THE PLAT OF CHARLESTON NAVY VIEW ADDITION AS RECORDED IN VOLUME 4 OF PLATS, PAGE 81, BEING A PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 22, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 52, BLOCK 3, SAID PLAT OF CHARLESTON NAVY VIEW ADDITION ALSO BEING A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF FIRST STREET; THENCE WEST ALONG THE SOUTH LINE OF SAID FIRST STREET 15.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING WEST 15.00; THENCE NORTH PARALLEL WITH THE WEST LINE OF SAID LOT 52 A DISTANCE OF 30.00 FEET TO THE NORTH LINE OF SAID SECTION 22; THENCE EAST ALONG SAID NORTH LINE 15.00 FEET; THENCE SOUTH PARALLEL WITH THE WEST LINE OF SAID LOT 52 A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING. SUBJECT TO AN EASEMENT FOR UTILITIES. YANTIC A V~. VACATED PER A.F. ~200;03£50042 ,~,~, ~_1 '~ I I H~TFO~ A NORTH: Assu~ed k ROAD VACA~ON ~.L.J. ~.~.~. 59