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Home My WebLink About02/11/04 AGENDA FILE 239 4th Street · Bremerton, WA 98337 · Phone (360) 478-5280 ° Fax (360) 478-5251 CITY COUNCIL MEETING AGENDA FEBRUARY 11, 2004 1. PRE-COUNCIL STUDY SESSION: 5:00 - 5:30 P.M. in Council Conference Room A. General Council Business 2. CALL TO ORDER: 5:30 P.M. in Council Chambers A. Pledge of Allegiance B. Invocation 3. CONSENT AGENDA ~_,.~. A. Minutes of Meeting - January 7, 2004 (#AB04-015) B. Minutes of Meeting - January 14, 2004 (#AB04-016) C. Minutes of Meeting - January 21, 2004 (#AB04-017) 7 D. Minutes of Meeting - January 27, 2004 (#AB04-018) E. Minutes of Special Meeting - February 3, 2004 (#AB04-019) F. Two-year Contract with GLOBE JANITORIAL SERVICES, INC. (#AB04-020) ~,O G. Purchase of 1999 FORD F450 with Altec Man Lift (#AB04-021 4. CLAIMS/CHECK REGISTERS 5. MAYOR'S REPORT 6. NEW BUSINESS A. Reappointment of Andrew Kosusko to the Planning Commission (#AB04-022) ~f 7. PUBLIC HEARINGS - ORDINANCES & RESOLUTIONS A. Ordinance No. 4885 [Second Reading], Authorizing the City Attorney to acquire the property located at SlLVERDALE MOBILE ESTATES in Kitsap County, Washington (#AB04-004) B.Ordinance No. 4886 [Second Reading], Amending BMC 21.02.150 regarding Unlisted Uses and BMC 21.02.070 Definitions (#AB04-012) C. Ordinance No. 4887 [Second Reading], Amending BMC 21.02.152 regarding the Downtown District (#AB04-013) D. Ordinance [First Reading], Vacating the Northerly Portion of the Alley bounded by ~- Naval Avenue, 11th Street, and 10th Street (#AB04-023) E. Resolution No. 2919, Surplusing and Approving a Negotiated Sale of Public Utility Property to GLOBAL INVESTMENTS, INC. (#AB04-024) 8. PUBLIC RECOGNITION - Comments limited to 3-minutes 9. COUNCIL MEMBER REPORTS 10. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING E-rnail: citycouncil@ci.bremerton.wa.us ° Web: www. ci.bremerton.wa.us DATE SUBMITTED: January 26, 2004 BILL # 0 q - OI ~ AGENDA BILL CITY OF BREMERTON ~1~ ~ CITY COUNCIL SUBJECT: Minutes of Meeting - Committee Meeting Date: N/A January 7, 2004 COUNCIL MEETING Date: February 11, 2004 Department: City Council Presenter: Daren Nygren, Council President Phone: (360) 473-5280 SUMMARY: Attached are the minutes for the Council Meeting held January 7, 2004. ATTACHMENTS: Minutes for January 7, 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. COUNCIL ACTION: [] Approve [] Deny [] Table ( [] Continue [] No Action TAPE #1932 CITY COUNCIL MEETING MINUTES January 7, 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, January 7, 2004, at 5:30 P.M., with Council President Carol Arends presiding. Council members present were Mike Short, Will Maupin, Dianne Robinson, Mike Shepherd, Wendy Priest, Daren Nygren, 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 Pastor Butch Hall of Kitsap Lake Baptist Church. ELECTION OF CITY COUNCIL OFFICERS President Arends opened nominations for City Council President/Mayor Pro Tempore for 2004: Will Maupin nominated Daren Nygren; and Mike Shepherd nominated Cecil McConnell. President Arends then closed the nominations. Votes cast by signed-ballots as follows: Voted in favor of Daren Nvaren: Nygren, Priest, Robinson, Arends, Maupin, and Short Voted in favor of Cecil McConnell: Gehring, McConnell, and Shepherd By a vote of 6 to 3, Daren Nygren was seated as Council President for 2004. Carol Arends turned the gavel over to Daren Nvc~ren, the new Council President for 2004 to preside over the remainder of the meeting... President NyRren opened nominations for City Council Vice-President for 2004: Mike Short nominated Cecil McConnell; and Dianne Robinson nominated Will Maupin. President NyRren then closed the nominations. Votes cast by signed-ballots as follows: Voted in favor of Cecil McConnell: Gehring, McConnell, Shepherd, Arends, and Short Voted in favor of Will Maupin: Nygren, Priest, Robinson, and Maupin By a vote of 5 to 4, Cecil McConnell was seated as Council Vice-President for 2004. CONSENT AGENDA - There were no Consent Agenda items this week... CLAIMS & CHECK REGISTERS Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090 have been recorded on a listing that had been made available to the Council. #0020 M/SlCIU (McConnell/Short) On January 7, 2004, the Council approved Regular Payroll in the amount of $916,230.12 for the pay-period ending December 15, 2003; and Retiree Payroll in the amount of $140,851.91 for the pay-period ending December 31, 2003. COUNCIL MEMBER REPORTS Brad Gehring welcomed Wendy Priest and Dianne Robinson to the Council; and commended the Street Department for their quick and effective sanding during the snowstorm. Cecil McConnell congratulated Daren Nygren as the new Council President; welcomed Dianne Robinson and Wendy Priest to the Council; and wished everyone a Happy New Year. TAPE #1932 City Council Reg. Mtg. Minutes January 7, 2004 Page 2 of 2 Carol Arends congratulated Daren Nygren and Cecil McConnell as the new Council Officers; welcomed the new Council Members; and wanted everyone to know that she enjoyed her time as Council President. Wendy Priest thanked the Council Members for their warm welcome, and noted how she looked forward to working with them this year. Mike Shepherd wished everyone a Happy New Year; welcomed the new Council Members; and now that it has warmed up, he suggested that people watch their basements for any signs of flooding when the snow begins to melt. Dianne Robinson thanked Council Members for their welcome; and thanked District 6 residents for their votes and for trusting her to do a good job as their Council representative. Mike Short also welcomed and congratulated the new Council Officers; and recalled that Dianne Robinson's son played with his son on a Pee-Wee football team a long time ago. Daren Ny~lren welcomed the new Council Members to the office; and believed that with this team that they would be able to meet any challenges in the coming year. MAYOR'S REPORT - Mayor Bozeman... · Welcomed Council Members Wendy Priest and Dianne Robinson to the City; · Thanked Carol Arends for her leadership of the Council this past year, and expressed his appreciation for her commitment to serving the community; · Provided an update on the new construction currently taking place in the City, and thanked the City Council for their support to make all these projects possible; and lastly, · Looked forward to working with Daren Nygren in the coming year. PUBLIC RECOGNITION - There were no comments this week... NEW BUSINESS - There were no NEW BUSlNESS Items this week... With no further business, the meeting of the City Council was adjourned at 6:00 P.M. Prepared and Submitted by: LORI SMITH Legislative Assistant Attest: PAULA JOHNSTON, Interim City Clerk DAREN NYGREN, City Council President City of Bremerton DN/PJ/Is/cge DATE SUBMITTED: January 26, 2004 BILL AGENDA BILL 3 CITY OF BREMERTON CITY COUNCIL SUBJECT: Minutes of Meeting - Committee Meeting Date: N/A January 14, 2004 COUNCIL MEETING Date: February 1 I, 2004 Department: City Council Presenter: Daren Nygren, Council President Phone: (360) 473-5280 SUMMARY: Attached are the minutes for the Council Meeting held January 14, 2004. ATTACHMENTS: Minutes for January 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. COUNCIL ACTION: [] Approve [] Deny [] Table L/ [] Continue [] No Action TAPE #1933 CITY COUNCIL MEETING MINUTES January 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, January 14, 2004, at 5:30 P.M., with Council President Daren Nygren presiding. Council members present were Mike Short, Will Maupin, Carol Arends, Dianne Robinson, Wendy Priest, Cecil McConnell, and Brad Gehring. Council Member Mike Shepherd was absent. Also present were City Attorney Roger Lubovich; Interim City Clerk Paula Johnston; and Council Assistant Christine Grenier Ellingson. The meeting opened with the Pledge of Allegiance led by Council Member Cecil McConnell, followed by the invocation provided by Reverend Scoff Huff of St. Luke's United Methodist Church. President NyRren made the following announcements: 1. The Pre-Council session was held in the Council Conference Room from 5:00 to 5:30 PM to discuss updates to the agenda; and 2. An adjustment was made to the agenda to place PUBLIC RECOGNITION and COUNCIL MEMBER REPORTS immediately following NEW BUSINESS. CONSENT AGENDA A. Minutes of Meeting - December 10, 2003 (#AB004-001) #0038 MISICIU (Priest/McConnell) Move to approve Consent Agenda as presented. CLAIMS & CHECK REGISTERS Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090 have been recorded on a listing that had been made available to the Council. #0055 M/S/C/U (McConnell/Short) On January 14, 20041 the Council approved payment of Checks 287193 through 287508; EFT-7986; EFT-7987; EFT-7989; and EFT-7990 in the amount of $982,225.95 on the Master Check Register. MAYOR'S REPORT - There was no report this week... NEW BUSINESS - There were no NEw BUSlNESS Items this week... 7A - PUBLIC HEARING AND ORDINANCE [FIRST READING] VACATING THE EASTERLY PORTION OF THE ALLEY BOUNDED BY WARREN AVENUE~ PARK AVENUE~ 8TM STREET~ AND t0TM STREET {#AB04-002): Michael Mecham, City Engineer, explained that the City initiated the vacation of the easterly portion of the alley bounded by Warren Avenue, Park Avenue, 8 Street, and 10 Street. 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. The Bremerton Fire Department has proposed a new Fire Station on the property abutting the proposed vacating portion of the alley, and will relocate the alley to the west side of its current location. This is a Class I right-of-way and compensation is not required in accordance with BMC 11.20080. There were no comments from the public. Mr. McConnell asked if there would be sufficient room for the fire station project. Mr. Mecham confirmed that there would be enough room. #0145 M/S/C/U (Arends/Short) Move to approve the attached ordinance on first reading, vacating the easterly portion of the alley bounded by Warren Avenue, Park Avenue, 8th Street, and 10th Street. TAPE #1933 City Council Reg. Mtg. Minutes January 14, 2004 Page 2 of 2 PUBLIC RECOGNITION H. Emily Moshay thanked Police Chief Rob Forbes and the Police Department for their excellent service. COUNCIL MEMBER REPORTS Mike Short announced a lane closure on the Hood Canal Bridge for guardrail repair work starting on Tuesday, January 13th through Tuesday, January 20t~ from 9:00 A.M. to 3:00 P.M. Carol Arends was pleased that the snow has melted; and noted that she will have more to report later when committees begin meeting again. Dianne Robinson began by discussing the concerns faced by District 6 residents such as street lighting, need for sidewalks, crime, and Anderson Cove, and announced her plans to have a district meeting soon. She also expressed her excitement to be part of the Kitsap Treeway Project that was held last Saturday and thanked Don Larson for his part in organizing that event; and lastly, announced that in honor of Dr. Martin Luther King, Jr. Day, several activities are planned for Monday, January 19th, including the unveiling of the Unity Wall at the Kitsap Pavilion in Silverdale starting at 10:00 A.M. Wendy Priest encouraged the public to attend the "Shaping Bremerton" workshop to be held on Thursday, January 15th at the Bremerton School District Administration Office located at 134 North Marion Avenue beginning at 5:30 P.M. Brad Gehrin~l commended the Street Department for putting sand and gravel down to help with road conditions during the snow storm and for being speedy in removing that sand now that the roads are clear again. He also welcomed the new Harley Davidson shop to the area; and announced that he and Mr. McConnell would be having a combined District 1 & 2 Town Meeting on February 19th at the Sheridan Park Center. Daren Ny~lren thanked Council and staff for helping him make the transition to being the Council President; and thanked Jim Trainer for planning the tree planting event held last Saturday. With no further business, the meeting of the City Council was adjourned at 5:45 P.M. Prepared and Submitted by: CHRISTINE GRENIER ELLINGSON Council Assistant Attest: PAULA JOHNSTON, Interim City Clerk DAREN NYGREN, City Council President City of Bremerton DN/PJ/cge/Is DATE SUBMITTED: January 27, 2004 BILL # 0 c/_ AGENDA BILL ~ C CITY OF BREMERTON CITY COUNCIL SUBJECT: Minutes of Meeting - Committee Meeting Date: N/A January 21, 2004 COUNCIL MEETING Date: February 11,2004 Department: City Council Presenter: Daren Nygren, Council President Phone: (360) 473-5280 SUMMARY: Attached are the minutes for the Council Meeting held January 21, 2004. ATTACHMENTS: Minutes for January 21, 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. COUNCIL ACTION: [] Approve [] Deny [] Table 7 [] Continue [] No Action TAPE #1934 CITY COUNCIL MEETING MINUTES January 21, 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, January 21, 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, Cecil McConnell, and Brad Gehring. Council member Will Maupin was 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 Cecil McConnell, followed by the invocation provided by Deacon Roy Mclnnis of Sinclair Missionary Baptist Church. President Nyqren made the following announcements: 1. The Pre-Council session was held in the Council Conference Room from 5:00 to 5:30 PM to discuss updates to the agenda; 2. Immediately following regular business, the Council will reconvene in the Council Conference Room for a 20-minute Executive Session to discuss a "REAL ESTATE ACQUISITION" per R.C.W. Chapter 42.30.110(1 )(b); and 3. Next week, the City Council meeting will be held on Tuesday, January 27, 2004 rather than on Wednesday, January 28, 2004 to allow Council members to attend the 2004 Legislative Action Conference sponsored by the Association of Washington Cities. CONSENT AGENDA- There were no Consent Agenda items this week. CLAIMS & CHECK REGISTERS Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090 have been recorded on a listing that had been made available to the Council. #0035 M/S/C/U (McConnell/Short) On January 21, 2004, the Council approved payment of Check numbers 287226 through 287557; and EFT-8001 through EFT-8005 in the amount of $1,781,282.89 on the Master Check Register; and Regular Payroll in the amount of $1,265,000.43 for the pay period ending December 31, 2003. MAYOR'S REPORT - Mayor Bozeman provided a handout highlighting his Priorities for 2004... 6A - LETTER OF ENGAGEMENT WITH KUSSMAN & LINDSTROM, P.S. (#AB04-003): Roger Lubovich, City Attorney, explained that his office employs legal counsel to assist in the representation of the CITY OF BREMERTON in specialized areas. Edward R. Lindstrom, formerly of MCGAVICK GRAVES, P.S., now of KUSSMAN & LINDSTROM, P.S., assists in representing the City on labor and employment issues. The hourly rates of his Firm are reasonable, and he is highly specialized in the areas that the City engages him. There were no comments from the public. #0195 M/S/C/U (Arends/Short) Move to approve the engagement of KUSSMAN & LINDSTROM, P.S., and to authorize the City Attorney to execute the proposed Letter of Engagement in substantially the same form as presented. TAPE #1934 City Council Reg. Mtg. Minutes January 21, 2004 Page 2 of 4 7A - PUBLIC HEARING AND ORDINANCE NO. 4884 [SECOND READING] VACATING THE EASTERLY PORTION OF THE ALLEy BOUNDED BY WARREN AVENUE, PARK AVENUE, 8TM STREET, AND 10TM STREET {#AB04-002): The first reading of this ordinance was heard at the Council meeting on January 14, 2004. Mr. Lubovich reminded Council Members that they had previously amended the ordinance to remove an easement for QWEST since they do not have utilities in the area, and pointed out corrected language in the ordinance. There were no comments from the public. #0325 M/SlClU (Shepherd/McConnell) Move to pass Ordinance No. 4884 on second reading as amended. 7B - PUBLIC HEARING AND ORDINANCE [FIRST READING] AUTHORIZING THE CITY ATTORNEY TO ACQUIRE THE PROPERTY LOCATED AT SILVERDALE MOBILE ESTATES IN KITSAP COUNTY, WASHINGTON (#AB04-004): Simon Stoker, Assistant City Attorney, and Kathleen Cahall, Water Resources Manager, explained that the City purchased a license in 1988 to test for and install a drinking water well on a small parcel of land outside City limits for use in the City's Water Utility System. The property upon which the well sits was purchased in 1990. There is a need to purchase a 0.44 acre parcel of property surrounding the well to allow for the placement of utilities to serve the well; to allow City personnel to access the well; and to serve as a protective buffer. The City has tried to negotiate with the owner of the property surrounding the well for the purchase of the property, but this effort has been unsuccessful. There were no comments from the public. Mr. McConnell asked if the appraised value was the same figure being discussed during negotiations with the property owner. Ms. Cahall responded that the amount used was an estimate, which was within $6,000 of the appraised value. A few of the factors determining the estimate included tax assessed value, square footage, and appraised value. Mr. Stocker reinforced the comments made by Ms. Cahall, adding that the amount being offered is more than the actual value of the property. Mr. Short asked if easement issues would be addressed while acquiring this property. Mr. Stocker stated that those issues could be addressed on second reading if not included now. #0625 M/S/C/U (ShortJMcConnell) Move to approve the attached ordinance on first reading, authorizing the City Attorney to take action to acquire the property located at SILVERDALE MOBILE ESTATES in Kitsap County, Washington. .Mr. Lubovich reminded the Public Hearing that the second reading of this ordinance would be scheduled for the Council meeting two weeks from tonight on Wednesday, February 11, 2004. 7C - PUBLIC HEARING AND RESOLUTION NO. 29t7~ SETTING A HEARING DATE OF FEBRUARY 11, 2004 FOR VACATING THE NORTHERLY PORTION OF THE ALLEY BOUNDED BY NAVAL AVENUE, OLYMPIC AVENUE~ 1tTM STREET~ AND '10TM STREET (#AB04-00$): Michael Mecham, City Engineer, announced that the City is initiating the vacation of the northerly portion of the alley bounded by Naval Avenue, Olympic Avenue, 11th Street, and 10th Street. This right-of-way vacation would eliminate an entrance onto a busy arterial and improve traffic and pedestrian safety. Because this is a "Class ][! Right-of-Way", compensation is TAPE #1934 City Council Reg. Mtg. Minutes January 21, 2004 Page 3 of 4 not required in accordance with BMC 11.20.080. The recommended action is to set a public hearing date of February 11, 2004 for this proposed vacation. There were no comments from the public. #07'10 M/S/C/U (McConnell/Priest) Move to pass Resolution No. 2917, setting a hearing date of February 11, 2004, for vacating the northerly portion of the alley bounded by Naval Avenue, Olympic Avenue, 11th Street, and 10th Street. PUBLIC RECOGNITION Lourdes "Lu Lu" Potter expressed her concerns regarding rental property management, lack of water conservation, utility issues that should be addressed prior to annexation, and the need to lower government spending levels. President Ny!:lren recommended that she convey her concerns in a letter so that an appropriate response can be provided to her concerns. COUNCIL MEMBER REPORTS Brad Gehrin.q discussed the recent fire at the Bayview Apartment building in his District, and reminded citizens to always call 911 when an alarm is audible. He was alarmed to learn that a few residents had ignored the initial warning; therefore, he also provided a number of suggestions for citizens regarding fire alarms. Wendy Priest welcomed citizens to attend a combined District 4 & 5 Neighborhood meeting on Thursday, February 19, 2004 from 8:30 to 8:30 P.M. at the Memorial Lutheran Church located at 10th ~ Veneta for a discussion on ""BREMERTON SCHOOLS" with representatives from the Bremerton School District. Mike Shepherd indicated his intent to contact Ms. Potter to make sure her concerns are addressed; encouraged the public to contact the Economic Development Department if they are interested in receiving further information on the downtown tunnel project proposal; emphasized the importance for citizens to provide their input on the Comprehensive Plan at upcoming public meetings to be held on February 3~ and 17th; and added that he would be holding a combined District 4 & 5 Neighborhood meeting, which will be an opportunity for the citizens to meet Wendy Priest, as well as provide their comments regarding the future of Bremerton schools. Dianne Robinson reported on her attendance at the Comprehensive Plan workshop last Thursday, and encouraged citizens to review the update on the City's website. She also discussed her recent appointment as an alternate to the KITSAP REGIONAL COORDINATING COUNCIL (KRCC) and an appointment to the Council's Fiscal & Budget Committee; and mentioned that she hopes to soon schedule a combined District 6 & 7 Neighborhood meeting with Carol Arends. Carol Arends announced that the clock on Callow Avenue has been restored; stated that them would be another public meeting regarding a proposed homeless shelter on Monday, January 26th beginning at 8:30 P.M. at Summit Avenue Presbyterian Church; and lastly, mentioned that a District 8 & 7 Meeting would probably be held in late February. Mike Short attended the 10th Annual Martin Luther King Celebration at the Kitsap County Fairgrounds, and commended Council Member Dianne Robinson, Reverend Shirley Heermance of the BREMERTON EBENEZER AFRICAN METHODIST EPISCOPAL CHURCH, and Reverend Marky Whitlock of LOS ANGELES FIRSTAFRICAN METHODIST EPISCOPAL CHURCH for their part in that celebration. He commented on a briefing on comprehensive plan updates as well as planning policy changes, and TAPE #1934 City Council Reg. Mtg. Minutes January 21, 2004 Page 4 of 4 hoped that all Councils in the area are more effectively briefed on the possible changes to be presented in the future. Daren Nvc~ren invited Fire Chief Al Duke to provide an informational briefing regarding the recent fire at Bayview Apartments. Fire Chief Al Duke encouraged people to always respond when an alarm goes off, and to remember to close the door behind you to contain the fire. He assured the public that there is only a minimal arson problem in the area; and lastly, reminded the public to be careful and to not leave candles unattended. Daren Ny!:lren announced that Council would recess to the Council Conference Room for a 20- minute Executive Session to discuss "REAL ESTATE ACQUISITION per R.C.VV. Chapter 42.30.110(1) (b). At the conclusion of the Executive Session, the Council reconvened in the Council Conference Room. The meeting of the City Council then 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 DN/PJ/Is/cge DATE SUBMITTED: January 30, 2004 BILL # 0t~ - AGENDA BILL CITY OF BREMERTON ~ ~ CITY COUNCIL SUBJECT: Minutes of Meeting - Committee Meeting Date: N/A Tuesday, January 27, 2004 COUNCIL MEETING Date: February 11, 2004 Department: City Council Presenter: Daren Nygren, Council President Phone: (360) 473-5280 SUMMARY: Attached are the minutes for the Council Meeting held Tuesday, January 27, 2004. ATTACHMENTS: Minutes for Tuesday, January 27, 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. COUNCIL ACTION: [~Approve [] Deny [] Table [~, [] Continue []NoAction TAPES #1935 & #1936 CITY COUNCIL MEETING MINUTES Tuesday, January 27, 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, Tuesday, January 27, 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 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 Pastor Ro,qer Henni.qan of Apostolic Life Tabernacle. President Ny~lren made the following announcements: 1. In lieu of the Fiscal & Budget and Operations Committee meeting, staff presentations were made during the Pre-Council session in the Council Conference Room; along with a discussion on updates to the agenda from 5:00 to 5:30 P.M.; 2. The Council meeting is being held tonight due to a majority of the Council members attending the AWC Legislative Action Conference in Olympia on Wednesday; and 3. A 15-Minute Executive Session will be held immediately following the Council Meeting to discuss "LITIGATION" per RCW 42.30.100 (1) (i). CONSENT AGENDA A. Minutes of Meeting - December 16, 2003 (#AB04-006) B. Minutes of Meeting - December 23, 2003 (#AB04-007) C. Minutes of Meeting - December 30, 2003 (#AB04-008) #0020 M/S/C/U (McConnell/Maupin) Move to approve Consent Agenda as presented. CLAIMS & CHECK REGISTERS Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090 have been recorded on a listing that had been made available to the Council. #0045 M/S/C/U (McConnell/Short) On January 27, 2004, the Council approved payment of Check numbers P8014; 287558 through 287854; and EFT-8009 through EFT-8016 in the amount of $1,690,802.71 on the Master Check Register; and Regular Payroll and Payouts for the pay period ending December 31, 2003 in the amount of $1,265,000.43. MAYOR'S REPORT - Mayor Bozeman... · Congratulated Police Chief Rob Forbes for receiving an award from the School Board for all of his work on behalf of children in the school district; · Changes will be made to increase security for the second floor of City Hall; · Thanked the Council for their support to transfer of Building 50; · Met with Columbia Hospitality to plan Grand Opening activities for the BREMERTON HARBORSIDE CONFERENCE CENTER; and · Discussed an invitation he received to make a presentation at the Seattle Roundtable. 6A - MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF BREMERTON AND PSNS REGARDING TRANSFER OF OWNERSHIP OF BUILDING 80 (#AB04-009): Gary Sexton, Economic Development Director, explained that the proposed memorandum agreement is in regard to the transfer of ownership of Building 50. Entering into this agreement is necessary to satisfy the TAPES #1935 & #1936 City Council Reg. Mtg. Minutes January 27, 2004 Page 2 of 5 requirements of Section 106 of the National Historic Preservation Act of 1966 (as amended) and 35 CFR Part 800, and is necessary to mitigate the adverse effects on the Puget Sound Naval Shipyard National Historic Landmark District and Building 50 that are anticipated to occur with the moving of Building 50. The agreement requires as a condition of the transfer of ownership of the building to the City that the City will maintain the building in accordance with recommended approaches in the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings. There were no comments from the public. Mr. McConnell asked who would be responsible for any damage that may occur while moving the building. Mr, Sexton responded that Navy would be responsible. Mr. NyRren asked if the City has a contract with an urban designer to include the Naval Museum in the proposed park for downtown. Mr. Sexton answered that a designer has been involved so far for the initial design phase of the maritime park and the museum would be located within the park. After their concerns were addressed, several Council members added their comments in suppo~ of this project, and thanked Gary Sexton for his effo~s in making it happen. #0505 M/S/C/U (McConnell/Maupin) Move to authorize the Mayor to finalize and execute the proposed Memorandum of Agreement in substantially the same form as attached hereto. 6B - PURCHASE OF LIABILITY SURETY INSURANCE (#AB04-010): Pecmv Lesser, Risk Manager, stated that Bremerton's liability and surety coverage expires on January 31, 2004 and City Council approval is required for the purchase of replacement coverage. Bremerton's account has been marketed to interested insurers and it is recommended that replacement liability coverage be purchased from MUNICH AMERICAN RiSK PARTNERS at an annual cost of $243,200 and replacement surety coverage be purchased from GREAT AMERICAN INSURANCE COMPANY at an annual cost of $4,473. There were no comments from the public. #0610 M/S/C/U (Arends/Short) Move to authorize the Risk Manager to purchase liability insurance from MUNICH AMERICAN RISK PARTNERS and surety coverage from GREAT AMERICAN INSURANCE COMPANY. 6C - INTERLOCAL AGREEMENT BETWEEN THE CITY OF BREMERTON AND TRACYTON WATER DISTRICT FOR TRANSFER OF THE DISTRICT WATER SYSTEM TO THE CITY (#AB04- 0t'l): Gene Sampley, Director of Public Works & Utilities, summarized that in February 2000 and April 2001, the City of Bremerton and the Tracyton Water District entered into interlocal agreements for certain improvements and for the eventual transfer of assets and operations of the District to the City. The City and District have negotiated the final provisions for the assumptions of rights, powers, duties, obligations, and transfer of assets of the Tracyton Water District to the City of Bremerton. It is recommended that the attached Interlocal Agreement be approved. The cooperative participation by the Tracyton Water District was acknowledged. There were no comments from the public. #0805 M/SlClU (Shepherd/Arends) Move that City Council approve Interlocal Agreement between the City of Bremerton and Tracyton Water District for the Assumption of Rights, Powers, Duties, Obligations, and Transfer of assets of the Water District, and authorizes the Mayor to finalize and execute the same. TAPES #1935 & #1936 City Council Reg. Mtg. Minutes January 27, 2004 Page 3 of 5 7A - PUBLIC HEARING AND ORDINANCE [FIRST READING] AMENDING BMC 21.02.150 REGARDING UNLISTED USES AND BMC 2t.02.070 DEFINITIONS (#AB04-012): Chris Hullo, Director of Community Development, stated that current provisions of BMC 21.02.150 do not provide adequate criteria for reviewing and considering applications for UNLISTED USES that are not listed in Figures 120 and 140 of the zoning code, BMC Chapter 21.02, as allowable uses by zones in the City. The proposed ordinance amends BMC Chapter 21.02.150 to provide criteria for review and consideration of applications for unlisted uses, and makes minor technical correction to Section 21.02.070, DEFINITIONS, relating to LOT LINE, FRONT and LOT LINE, REAR. Helen Miller referred to the section "Lot Line, Rear" on page 122 of the ordinance, and asked since there is no rear lot line on waterfront property would the line adjoining the high water mark, as listed in the Shoreline Master Program and SEPA, create a conflict between a front yard setback with a rear lot line. Mr. Hugo explained that a zoning yard is for certain purposes like maintaining privacy or development along a street, and a setback keeps development back from the water's edge. He stated that the zoning regulations are not the same for land and water environments. He also believed that it is possible to have a zoning rear yard that is also a shoreline front yard. Mr~ Lubovich clarified that this paragraph was not being changed with this action. He emphasized that the language referring to special exceptions is being addressed, and if there were a conflict in the code with respect to Ms. Miller's concerns, that part of the zoning code would need to be addressed at a later time. President Nygren instructed Ms. Miller to provide her concerns in writing if she would like to receive a response. Mr. McConnell asked if there were a conflict, would the Shoreline Management Act take precedence. Mr. Hugo answered that the City can not act in violation of the law, but that staff would investigate this issue to make sure there is no conflict, and address it if necessary. Mr. Gehring asked what the cost may be for appeal hearings to be heard by the Hearing Examiner. Mr. Hugo responded that the filing fee for appeals would be $350. Mr. McConnell asked if the hearing examiner found an appellant correct during an appeal, does the appellant receive a refund. Mr. Hugo answered that the hearing examiner process does not allow for a refund. He told Mr. McConnell that this issue could be addressed by amending the zoning code. President Nygren emphasized that Mr. McConnell's concerns are not pertinent to the ordinance being discussed and invited him to present proposal at a later time. Ms. Priest noted that the appeal process was mentioned in the ordinance and was in fact reformatted. Mr. Hugo explained that the changes made the process less complicated for applicants. Mr. Lubovich added that if the applicant feels the Director of Community Development does not follow criteria that the applicant may have an opportunity to seek relief through the hearing examiner. #t620 MISICIU (Shepherd/McConnell) Move to approve the proposed ordinance on first reading. 7B - PUBLIC HEARING AND ORDINANCE [FIRST READING] AMENDING BMC 21.02.152 REGARDING THE DOWNTOWN DISTRICT (#AB04-013): Chris Hugo, Director of Community Development, pointed out that when the current provisions of BMC Chapter 21.02.152 were adopted a year ago, they unintentionally created nonconforming uses out of existing land-uses in the Downtown Waterfront (DW) and Downtown Core (DC) zoning districts because of off-street parking requirements. The proposed ordinance amends BMC Chapter 21.02.152 to exempt existing structures from off-street and landscaping requirements. TAPES #1935 & #1936 City Council Reg. Mtg. Minutes January 27, 2004 Page 4 of 5 Pastor Henni~lan asked what area was designated "Downtown". Mr. Hullo explained the area included 6tn Street, south to the waterfront, and from Pacific Avenue, east to the waterfront, and also included properties on the west frontage of Pacific Avenue. Mr, Shepherd expressed his concerns over the cost of refurbishing buildings in the downtown area and any impacts on parking availability any new construction may cause. Mr. Maupin believed that this is a good solution at this point in time, but would like to see further study on how to solve some of the parking problems. Mr, Gehrin.q believed that the parking issue is something that the City needs to keep an eye on. Ms, Priest supported this proposal because encouraging people to develop old buildings would benefit the City, and agreed with comments made by other Council Members that the parking issue needs to be addressed. #2035 M/S/C/U (Arends/Maupin) Move to approve the proposed ordinance on first reading. 7C - PUBLIC HEARING AND RESOLUTION NO. 2918 AUTHORIZING AN INTERFUND LOAN TO THE WASTEWATER UTILITY FUND FROM THE EQUIPMENT RENTAL RESERVE FUND (#AS04- 0t4): Michael Wilson, Finance Director, stated that the Wastewater Utility requires a short term loan to provide cash flow needs for the calendar year 2004. The Wastewater Utility has a history of cash deficiencies necessitating the Utility to secure intedm funding in the form of an interfund loan in the amount of not to exceed $1,500,000.00. This loan shall be secured from the City's Equipment Rental Reserve Fund No. 510 and repaid from the Wastewater Utility Fund No. 451 on or before December 31, 2004, with interest at a rate of 2.5% per annum. There were no comments from the public. Council members discussed their concerns regarding aspects of this loan, and stated that although they could support this action tonight, they looked forward to continuing this discussion in further detail at a future time. #3135 M/SIC (Arends/Short) Move to approve Resolution No. 2918 authorizing the Director of Finance to make an interfund loan from the Equipment Rental Reserve Fund No. 510 to the Wastewater Utility Fund No. 451 in the amount not to exceed $1,500,000.00. Voted in favor of Motion: Short, Gehring, McConnell, Priest, Robinson, Arends, Maupin, Nygren Voted opposed to Motion: Shepherd Motion carried: 8-Yes; 1-No PUBLIC RECOGNITION Bruce Waterbury of the YMCA reminded members of the public that a Teen Late Night Program is held every Friday night from 8:30 to 11:00 P.M. at the YMCA, which includes basketball, dancing, pizza, etc. He also extended the invitation to any Council member who would like to attend. COUNCIL MEMBER REPORTS Will Maupin reported that he attended the Bremerton Housing Authority Board of Commissioners meeting yesterday and announced that the process of rebuilding Westpark is now under way. Carol Arends reported that the Metropolis Art Gallery will be moving to the Charleston Business District. TAPES #1935 & #1936 City Council Reg. Mtg. Minutes January 27, 2004 Page 5 of 5 Mike Shepherd thanked his new neighbors for their warm welcome during his recent move; and discussed the issues he would be bringing to the legislatures at the AWC Legislative Action Conference in Olympia tomorrow and Thursday. Wendy Priest welcomed the Calvary Children's Center to downtown and announced if citizens would like more information they may call Catherine, the Program Director, at 782-2925. Cecil McConnell announced a District 1 & 2 Town meeting would be held on Thursday, February 19t" beginning at 6:30 P.M. at the Sheridan Parks Community Center, and invited citizens to provide their ideas for a topic to the Council staff. TAPE #~1936 Brad Gehrin~l thanked Bruce Waterbury for announcing the activities at the YMCA; and discussed the issues presented at the recent Economic Development Council's "Decision Makers Breakfast". Daren Ny!:lren announced that the next District 3 Neighborhood Meeting would be held on Thursday, February 12th from 7:00 - 8:30 P.M. at the Manette Senior Center. Representatives from the School Board will discuss proposed changes in Bremerton schools and take comments from citizens. Council recessed to the Council Conference Room for an Executive Session to discuss "LITIGATION" per RCW 42.30.100 (1) (i). Council reconvened back in the Council Chambers at 7:15 P.M. #0070 MISICIU (Maupin/Arends) Move to approve the settlement in HINOJOSA VS. CITY OF BREMERTON as presented. With no further business, the meeting of the City Council was adjourned at 7:30 P.M. Prepared and Submitted by: CHRISTINE GRENIER ELLINGSON Council Assistant Attest: PAULA JOHNSTON, Interim City Clerk DAREN NYGREN, City Council President City of Bremerton DN/P JIIslcge DATE SUBMITTED: February 6, 2004 BILL # 0°~ ° 0 AGENDA BILL CITY OF BREMERTON 3 E CITY COUNCIL SUBJECT: Minutes of Special Meeting - Committee Meeting Date: N/A Tuesday, February 3, 2004 COUNCIL MEETING Date: February 3, 2004 Department: City Council Presenter: Daren Nygren, Council President Phone: (360) 473-5280 SUMMARY: A SPECIAL MEETING to hold a 20-minute EXECUTIVE SESSION was held on Tuesday, February 3, 2004, immediately following the Fiscal & Budget and Operations Committee meeting to discuss and take action on "POTENTIAL LITIGATION" per R.C.W. Chapter 42.30.1 l0 (1) (i). The EXECUTWE SESSION was not open to the public; however, the vote by the Council was taken in open session. ATTACHMENTS: Minutes for Special Meeting held Tuesday, February 3, 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. COUNCIL ACTION: [] Approve [] Deny [] Table 1 ~ [] Continue [] No Action Digital Recording SPECIAL MEETING MINUTES Tuesday, February 3, 2004 This Special Meeting of the City Council of the City of Bremerton was called to order in the City Council Conference Room, 239 4th Street, Bremerton, Washington, Tuesday, February 3, 2004, at 5:50 P.M., with Council President Daren Nygren presiding. Council members present were Mike Shod, Carol Arends, Dianne Robinson, Wendy Priest, Cecil McConnell, and Brad Gehring. Council members Mike Shepherd and Will Maupin were absent. Also present were City Attorney Roger Lubovich; Chris Hugo, Director of Community Development; Interim City Clerk Paula Johnston; and Legislative Assistant Lori Smith. The Council convened the Executive Session to discuss "POTENTIAL LITIGATION" per R.C.W. Chapter 42.30.100 (1) (i). At the conclusion of the Executive Session at 6:20 P.M., President Nygren reopened the Special Meeting. M/S/C/U (McConnell/Short) Move to authorize the City Attorney to pursue an appeal with the Central Puget Sound Growth Management Hearings Board of the Kitsap County Comprehensive Plan Amendments relating to Interim Rural Forest Lands adopted by Kitsap County on or about December 8, 2003, pursuant to Ordinance No. 311-2003. Voted in favor of Motion: Gehring, McConnell, Nygren, Priest, Robinson, Arends, and Short Motion carried: Unanimously With no further business, the Special Meeting of the City Council was adjourned at 6:25 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: 1/23/04 BILL # 0q'-O~.O AGENDA BILL CITY OF BREMERTON 3 F CITY COUNCIL SUBJECT: Two year janitorial contract Committee Meeting Date: 2-3-04 with Golden Globe Janitorial Services, Inc. COUNCIL MEETING Date: 2/11/04 Department: PW&U Presenter: Wayne Hamilton Phone: X5207 SUMMARY: Staffis entering into a new contract with Golden Globe Janitorial Services for two (2) years from 1-1-04 to 1-1-06 to allow for completion of current construction of City facilities, relocation and surplus of vacated buildings. This work has been performed by Golden Globe Janitorial for the last nine (9) years. Compensation is $97,065. annually. This is the same rate the City has paid for the last two (2) years. ATTACHMENTS: FISCAL IMPACTS (Include Budget~At Am~d~35--~j3u~n~..ds are budgeted for this extension APPROVALS. DEPARTMENT DIRECTOR:-A / - FINANCE DIRECTOR: FISCAL/BUDGET: . .-~-~ ~,-/[ ~'fi?~ ~2,~;:: c'- ~-~, · ,~ ( CONSENT AGENDA OPERATIONS: COUNCII PRESIDENT: RECOMMENDED MOTION: Move to approve conh'act for two (2) years to Golden Globe Janitorial Services, Inc. and direct the Mayor to execute the contract in substantially the same form as presented. COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action 2[o PROFESSIONAL SERVICES AGREEMENT Golden Globe Janitorial Services, Inc. The City of Bremerton ("City") and Golden Globe Janitorial Services, Inc. ("Contractor"), referred to collectively as the "Parties," enter into the following Agreement for professional services: I. Scope: Contractor shall perform all work and furnish all labor, tools, material, and equipment for: Janitorial services in specified City owned facilities. All work will be in accordance with and as described in the attached Request for Proposal and Performance instructions for services, which are attached hereto and incorporated by reference. Contractor shall provide and bear the expense of all equipment, tools, materials, and labor of any sort whatsoever that may be required for the performance of services provided for in this Agreement and every part thereof, except such as are mentioned in the specifications provided by the City. The parties recognize that during the term of this Agreement the City's janitorial needs will change due to the construction of new City facilities, and the vacation of other facilities. The parties therefore agree that the scope of the services may change, at the sole discretion of the City. II. Term: The term of this Agreement shall commence on January 1, 2004 and continue for a period of two (2) years, expiring on December 31, 2005. III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Contractor in accordance with the attached Janitorial Services Proposal Form. The parties recognize that when the scope of work changes pursuant to paragraph I of this Agreement, that the amount of compensation will change corresponding to the square footage change in the scope of work. IV. Relationship of Parties: Contractor represents that it is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. Contractor and its personnel are independent contractors and not employees of the City. Contractor and its personnel have no authority to bind the City or to control the City's employees and other contractors. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub-contractors of Contractor. Contractor will be solely and entirely responsible for its acts and for the acts of Contractor's agents, employees, representatives and sub-contractors during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent contractors to perform the same or similar work. Bremerton/Golden Globe Page 1 of 5 As an independent contractor, Contractor is responsible for its own management. The City's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Contractor or its personnel. As an independent contractor, Contractor is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include, but are not limited to State industrial insurance, Business & Occupation, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Contractor. V. Indemnification: Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents, and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this Agreement, except for that portion of the injuries and damages caused by the City's sole negligence. The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. IT IS FURTHER SPECIEICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. VI. Insurance: Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees, and/or sub-contractors. Before beginning work on the project described in this Agreement, the Contractor shall provide a Certificate of Insurance evidencing: Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be Bremerton/Golden Globe Page 2 of 5 limited to: blanket contractual; products/completed operations/broad form property damage; and employer's liability; and Any payment of deductible or self insured retention shall be the sole responsibility of the Contractor. All required policies shall be provided on an "occurrence" basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Contractor and a copy of an endorsement that is acceptable to the City, which names the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies and endorsements. The City further reserves the fight to reject any unacceptable policies and/or endorsements. The Contractor's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Contractor's insurance shall be primary insurance as respects the City and the City shall be given thirty (30) days prior written notice by certified mail, return receipt requested, of any cancellation, suspension or material change in coverage. The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. VII. General Conditions: A. Work Performed at Contractor's Risk: Contractor shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub-contractors in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. B. Entire Agreement: This Agreement and its Exhibits constitutes the entire Agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. C. Severabilit¥: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. D. Modification: This Agreemen[ may only be modified by written instrument signed by both Parties. Bremerton/Golden Globe Page 3 of 5 E. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. City Address Contractor Address City Clerk Golden Globe Janitorial 239 4th Street P.O. Box 2298 Bremerton Silverdale WA 98337 WA 98383 F. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any fight or power arising out of this Agreement shall not be deemed waiver of any other right or power. G. Non-Waiver of Breach: The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. H. Compliance with Laws: Contractor shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. I. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. J. Attomeys' Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. K. Assignment: Contractor shall not assign any interest in this agreement without the prior written consent by the City. Any assignment of this agreement by the Contractor without the written consent of the City shall be void; provided, however, that claims for payment under this agreement may be assigned. L. Prevailing Wage: Contractor agrees to comply with provisions of RCW 39.04 and RCW 39.12 as amended and as defined in WAC 296-127-101, 011,025, 040, 045 as amended. VIII. Nondiscrimination: Contractor shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, or disability, except for employment actions based on bona fide occupational qualification. IX. Termination: This Agreement may be terminated, at will, by either party upon thirty (30) days notice. This Agreement may be immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the terminating Party, and the Bremerton/Golden Globe Page 4 of 5 non-performing Party does not commence correction of the failure of performance within five (5) days of the terminating Party's sending notice to the non-performing Party. Rights Upon Termination: In the event of termination, the City shall pay for all services satisfactorily performed by Contractor to the effective date of termination, as described on a final invoice submitted to the City. After termination, the City may take possession of all records and data within the Contractor's possession pertaining to this contract which may be used by the City without restriction. Any such use not related to the project which Contractor was contracted to perform shall be without liability or legal exposure to the Contractor. CITY OF BREMERTON CONTRACTOR By: Car~ Bozeman By: Its: Mayor Its: Date: Date: Approved as to form: Attest: Bremerton City Attorney City Clerk Bremerton/Golden Globe Page 5 of 5 JANITORIAL SERVICES PERFORMANCE INSTRUCTIONS I. REFERENCES: a. Bidders shall submit with their proposal, a resume of corporate experience and qualifications relative to performance ofjardtorial services. b. WORK ETHIC - The highest professional standards are the basis of performance evaluation relative to on-the-job conduct by contractor's employees. 1. All of the contractor's employees that will be performing janitorial services inside City facilities or on City owned property should be registered with the City's representative. 2. All of the contractor's employees that will be performing janitorial services inside City facilities or on City owned property, shall submit to a background check by Brernerton Police Department and/or the Washington State Patrol Criminal Identification System, and availability to perform janitorial service will be conditioned upon receipt of a satisfactory report to the City's representative. 3. Only those individuals registered with the City's representative are permitted inside City facilities or on City owned property after normal business hours. Visitors and/or guests of contractor's employees are not permitted. 4. Use of City telephone, City office equipment, supplies and materials for personal use is strictly prohibited. 5. Building security and lighting regulations will be strictly enforced. a. Close and lock all windows. b. Turn off all lights except those specifically instructed by the City's representative, to be left on for security reasons. c. Lock all doors and keep locked during janitorial services. H:/word/mottner/2001 Janitorial Services proposal 2 6. CITY FACILITIES KEYS: a. Keys will be assigned to the contractor for use at all City owned facilities. b. Keys will be assigned to the contractor by the City's representative. c. Duplication of any key is not permitted, Violators may be subject to fines and/or administrative action, which may include loss of eligibility for continued holding of keys. d. Transfer or loan of assigned keys by authorized key holders to individuals not authorized or eligible to hold such keys is not permitted. Use of keys by persons other than those employed by the contractor for janitorial services is prohibited. e. Loss of any keys must be reported the next working day following discovery of the loss. Failure to report such loss may result in removal of key holding privileges. Issued keys remain the property of the Department of Public Works and Utilities, Facilities Division and will be returned/surrendered upon demand or within twenty-four (24) hours of termination of contract. f. Keys issued to the contractor for janitorial services may require a $100.00 deposit. This deposit will be refunded upon return of any keys issued. Failure to comply with the facility key guidelines or if keys are lost or are not returned, the deposit may be forfeited. g. Failure to comply with any security requirements may result in contract cancellation, and/or monetary fines. 7. The award of the contract will be on the basis of low overall bid as to specifications and qualifications. 8. Failure to comply with janitorial service performance instructions to the satisfaction of the City representative may result in contract cancellation, and/or monetary fines. 9. MONETARY FINES AND/OR CONTRACT CANCELLATION a. It is the intent of the City of Bremerton to provide for its employees, citizens and all members of the public a clean and sanitary environment to all City owned buildings. b. The City of Bremerton shall not pay for any janitorial services that are not completed or are not satisfactorily performed by the contractor. H:/word/motmer/2001 Janitorial Services proposal ~? 3 c. Any janitorial complaints of poor performance at the City owned facilities covered by this contract will be documented by the City's representative. The City,s representative will contact the contractor as soon as possible, after the complaint is confirmed. d. The contractor will respond to correct or complete the janitorial task(s) within two (2) hours of the notification or City crews will correct or complete the janitorial task(s). e. Any "janitorial tasks to be performed" or "special instructions" at any of the City owned facilities covered by this contract not corrected to the satisfaction of the City's representative will be deducted by a percentage equal to the task left undone from the contractor's billing. f. Any "monthly" or "quarterly" janitorial tasks at any of the City owned facilities covered by this contract not completed by the contractor during the required month or quarterly schedule, unless an approved change is made with the City's representative will also be deducted from the contractor's billing. g. All con£n-med complaints and unsatisfactory janitorial services will be documented and reviewed quarterly. h. If during the quarterly review, the City's representative confmns that complaints and corrections continue, the City's representative may request contract cancellation with the contractor. II. SUPPLIES: a. City shall provide: 1. Light bulbs: Incandescent and fluorescent. City will replace ballasts, as necessary. 2. Its own supplies and equipment for any janitorial services performed by its own employees. 3. Special disinfectant product to be used at Municipal Pool Facility. b. CONTRACTOR SHALL PROVIDE: 1. Cleaning supplies, including all paper products and dispensers mutually agreed upon by City and contractor. Materials and equipment, including, but not limited to soaps and dispensers as approved by the City's representative. Floor stripping materials, floor wax, brooms, dust mops and heads, brushes, dust pans, vacuum cleaners, floor buffers and pads, rug shampooing equipment and supplies. H:/word/motmer/2001 Janitorial Services proposal ~ ~ 4 2. Contractor will not use toilet mounted deodorant blocks, urinal deodorant blocks will be used only in urinals with build-in screen drain covers. This is subject to review in the event contractor has an acceptable alternate product. 3. Additional dispensers, as may be determined and mutually agreed upon by the City's representative and the contractor. 4. Contractor shall use paper products that are mutually agreed upon by the City's representative and the contractor prior to use and will not change products until approval by the City's representative. III. SPECIAL INSTRUCTIONS (APPLICABLE TO ALL LOCATIONS) 1. Wash all exterior windows, inside and outside, using squeegee method or "tucker pole", quarterly in January, April, July and October. These months are for inspection purposes. Any deviations fi:om these dates, for any reason, must be approved by the City's representative or it will be taken as a failure to comply with the janitorial services performance instructions and may result in contract cancellation, and/or monetary fines. 2. Wash and scrub all venetian blinds, vacuum-clean all window draperies, clean all HVAC vents, clean all light fixtures, vertical support rods, window and re-light glass coverings, quarterly in February, May, August and November. These months are for inspection purposes. Any deviations fi:om these dates, for any reason, must be approved by the City's representative or it will be taken as a failure to comply with the janitorial service performance instructions any may result in contract cancellation, and/or monetary fines. 3. Shampoo carpets as directed by City's representative. 4. Janitor's closets are subject to inspection at all times. a. Closets are to be kept clean, dry, odor-free and orderly at all times. b. All janitorial items and supplies will be stored in the janitor closets provided, and not in HVAC equipment or furnace moms. c. The storage of flammable liquids or cleaners, explosives or hazardous materials and non-essential supplies or equipment is strictly prohibited. Excepted are those materials reasonable and necessary for the performance of the duties of this contract for which the City's representative has approved and been provided ' matedal safety data sheets. H:/word/mottner/2001 Janitohal Services proposal ~ ~ 5 5. Contractor shall provide the City's representative with material safety data sheets for each and all products that the contractor anticipates using. New data sheets will be submitted prior to the introduction and/or use of any new formulation after approval of the City's representative, which approval shall not be unreasonably withheld. 6. The contractor shall agree to and provide qualified janitorial personnel when requested on a twenty-four (24) hour emergency basis. Response to a designated site in the event of an emergency will be within two (2) hours after notice given by the City's representative. a. Contractor will provide a twenty-four (24) hour, seven (7) days per week emergency phone number to respond to this specification. b. The contractor will be provided a twenty-four (24) hour, seven (7) days per week emergency phone number or procedure to contact a City representative for any problems that may arise or occur on weekends or aiter hours when performing the janitorial duties, upon contract acceptance. 7. Contractor shall specify a fiat fee square foot cost, which will be used to either increase or decrease contract pricing as a result of changes in tenant occupancy in any City owned facility, as directed by the City's representative. 8. Replace all burned-out fluorescent and incandescent light bulbs (provided by City). City will provide and replace burned-out fluorescent ballasts, as necessary. It is the contractor's responsibility to report ballast needs to the City representative. 9. All wet and ch3' trash and garbage is to be disposed of in appropriately tied bags and placed in dumpsters located at each facility. a. Contractor and their staff are to participate and cooperate fuUy with the City's office recycling program as directed by City representative. This may include sorting and depositing trash in sort bins located at/in each location. b. Dumpster lids are to be kept closed, and if so equipped, locked at all times. c. The areas around dumpsters are to be kept clean and orderly at all times. Care shall be taken to pick up all trash, cigarette butts and other debris at dumpster sites. H:/word/mottner/2001 Janitorial Services proposal 6 IV. JANITORIAL TASKS TO BE PERFORMED: Unless otherwise indicated, the following tasks shall be performed at all locations (where applicable) at the frequency stated. In addition, special instructions for each individual location shall be performed. 1. a. Sweep and damp mop all tile and hard floor surfaces. b. Vacuum all carpeted floor surfaces. c. Mop all lavatory floors with an aromatic disinfectant solution. d. Clean and sanitize all restroom fixtures and surrounding wall areas, clean and polish mirrors. e. All waxed floor surfaces are to be kept in a highly reflective condition by using a machine buffer. f. Clean exterior of all "torpedo" or wall hung waste receptacles daily, if applicable to location. g. Clean and sanitize all drinking fountains. h. Replace all paper and soap supplies with adequate quantities, as determined by use. i. Remove fingerprints and other marks from glass partitions, woodwork, walls, doors and other painted surfaces. j. Sanitize all stairwell handrails daily. k. Vacuum, dust and clean interior of elevator, if applicable. 1. Sweep, damp mop and dust stairwells and landings, if applicable to locations. m. Leave only designated lights on as deemed necessary by the City's representative. n. Lifl or sift all sand cigarette urns and remove debris. Add clean sand (provided by contractor), if needed. o. Clean entrance ways, lobby entrance mats and clean interior and exterior glass on all main doors. 3( H:/word/motmer/2001 Janitorial Services proposal 7 p. Maintain a clean appearance around all entrances to the buildings by picking up cigarette butts and other debris. q. Dust desks, chairs, tables and other office furniture including chalkboards. (Clean only those desktops that are cleared) r. Clean employee lunchroom(s) and/or break areas - tables, counters, and sinks. Special attention shall be given to floor surfaces. Properly arrange tables and chairs in the lunchroom(s). s. Empty all trash and garbage receptacles in offices, conference moms and copy machine areas. Replace receptacle liners as necessary - dally in garbage containers. t. Remove all empty boxes and other debris placed next to trash receptacles. Also, remove trash from other areas when it is clearly marked for disposal. u. Properly arrange furniture in all offices and conference rooms. 2. MONTHLY: a. Clean sides, front and tops of any display cases. b. Machine-strip and re-wax tile floors. 3. QUARTERLY: a. Wash all exterior windows, inside and outside as stated in Section III, Item 1. b. Wash and scrub all venetian blinds, clean all HVAC vents, clean all 'light fixtures, vertical support rods, window and re-light glass coverings and vacuum clean all window draperies as stated in Section III, Item 2. 4. AS NEEDED or upon request by the City representative. a. Clean dirt, excess wax and footmarks from baseboards, doors and frames. b. Spot clean all carPeted areas. c. Spot clean elevator floor, where applicable. 39. H:/word/rnot~ner/2001 Janitorial Services proposal 8 V. JANITORIAL SERVICE LOCATIONS: A. CITY HALL, 239 4TM STREET, INCLUDING ALL OFFICES IN BASEMENT, 1 ST AND 2ND FLOORS. Approximate Square Footage.~ ..... 35,000 1. All of the duties outlined under Section IV janitorial tasks to be performed. All normal janitorial services will be provided five (5) days per week, Monday through Friday, except City-recognized holidays and after 5:00PM unless otherwise stated or mutually agreed upon by the City's representative. 2. SPECIAL INSTRUCTIONS: a. When leaving City Hall at the end of the cleaning shift, it is the responsibility of the janitors to insure by performance or by Checking the City Hall schedule with the City's representative that: 1. All lights, water faucets, doors and windows are appropriately off, closed and/or locked as directed by the City,s representative. 2. All interior office and exterior City Hall doors are locked and/or closed, as instructed. b. Insure that the front and alley doors of City Hall are locked by 5:30 PM dally, unless otherwise directed by the City's representative. c. Contact the City Council Legislative Assistant for dates, times and schedule for after hour use of City Hall facility, to insure exterior doors are closed and locked appropriately. d. All wet and dry trash and garbage is to be disposed of in appropriate, tied disposal bags and placed in the dumpster located behind City Hall. e. Clean outside entryways (front and alley, doors). f. Clean sidewalk in front of City Hall. B. PERMIT CENTER, 286 4TM STREET, INCLUDING ALL OFFICES IN BASEMENT, 1sT AND 2ND FLOORS. Approximate Square Footage ..... 9,000 1. Ail of the duties outlined under Section IV janitorial tasks to be performed. All normal janitorial services will be provided five (5) days per week, Monday th~_o~ugh Friday, except City-recognized holidays and H:/word/mottner/2001 Janitorial Services proposal ~ 9 after 5:00PM unless otherwise stated or mutually agreed upon by the City's representative. 2. SPECIAL INSTRUCTIONS: a. When leaving the Permit Center at the end of the cleaning shift, it is the responsibility of the janitors to insure by performance or by checking with the City's representative that: 1. All lights, water faucets, doors and windows are appropriately off, closed and/or locked as directed by the City's representative. 2. All interior office and exterior doors are locked and/or closed, as instrugted. C. FIRE STATION #1 ADMIN. BUILDING, 817 PACIFIC AVENUE, 1 ST FLOOR OFFICES Approximate square footage.....2,300 I. All of the duties outlined under Section IV. Janitorial tasks to be performed. All normal janitorial services to be one (1) day per week only. Service to be on Fridays, starting at 4:00 PM, vacuuming and mopping after 5:00 PM, unless otherwise directed or mutually agreed upon by the City's representative. D. DOWNTOWN LIBRARY BUILDING, 612 5TM STREET, MAIN FLOOR, AND OUTER RESTROOMS ONLY Approximate Square Footage ..... 3,000 1. All of the duties outlined under Section IV. Janitorial tasks to be performed. All normal janitorial services to be three (3) days per week only. Services To be on Monday, Wednesday and Friday and after 6:00PM unless Otherwise directed or mutually agreed upon by the City's representative. E. POLICE PATROL DIVISION, 4846 AUTO CENTER WAY Approximate Square Footage ..... 3,000 1. All of the duties outlined under Section 1V janitorial tasks to be performed. All normal janitorial services will be provided five (5) days per week, Monday through Friday, except City-recognized holidays and 3 H:/word/motmer/2001 Janitorial Services proposal ~ 1 0 after 5:00PM unless otherwise stated or mutually agreed upon by the City's representative. F. SENIOR CITIZEN'S RECREATION CENTER, 1140 NIPSIC AVENUE Approximate Square FOotage ..... 3,500 1. All of the duties outlined under Section IV, janitoriai tasks to be performed. All normal janitorial services will be provided five (5) days per week Monday through Friday, except City-recognized holidays and after 10:00 PM unless otherwise directed or mutually agreed upon by the City's representative. 2. SPECIAL INSTRUCTIONS: a. Clean, remove fingerprints and other marks from mirrored wail. This shall be done weekly. b. Close and lock all windows, doors and gates after completion of work. G. PARKS DEPARTMENT, 680 LEBO BOULEVARD Approximate Square Footage ..... 30,000 1. All of the duties outlined under Section IV, janitorial tasks to be performed. All normai janitofiai services will be provided six (6) days per week Sunday through Friday, except City-recognized holidays and after 10:00 PM unless otherwise directed or mutually agreed upon by the City's representative. 2. SPECIAL INSTRUCTIONS: a. Jan/toriai services will be provided in the following locations: BASEMENT: South stairwell, preschool rooms and restroom. North stairwell, main hallway, employee room, maintenance office, restroom and shower. MAIN FLOOR: South stairwell, all offices, office hallway, restrooms, conference room and stage. North stairwell, lounge, hallways, kitchen, restrooms, A-B-C moms and handicap restroom. H:/word/motmer/2001 Janitorial Services proposal b. Clean all entryway access to building of cigarette butts, broken glass and debris ingeneral. Sift outside cigarette ash containers if dry and remove debris when too damp to siR. c. Clean debris from sidewalk in front and west side of building. d. Access to and usage of the gym is prohibited. e. Access into any areas or rooms that do not require janitorial service is prohibited. H. MUNICIPAL POOL, 360 HOMER JONES DRIVE Approximate square footage .............................................. 6,000 1. All of the dutiesoutlined under Section IV janitorial tasks to be performed. All normal janitorial services will be provided six (6) days per week, Sunday through Friday, except City recognized holidays and after 10:00PM unless otherwise directed or mutually agreed upon by the City's representative. 2. SPECIAL INSTRUCTIONS: a. Janitorial service will be provided in the following locations: Observation Gallery/Viewing Area Men's & Women's Restrooms Men's & Women's Locker Rooms Lobby Area & Staff Area b. Clean entryway access to building of cigarette buts, broken glass and debris in general. c. Access to and usage of the pool is prohibited. d. Access into any areas or rooms that do not require janitorial service is prohibited. e. Special disinfectant shall be applied during cleaning of the men's and women's locker rooms. This product will be supplied by the City of Bremerton and will require proper application. Use of this product will be per the manufacturer's instructions and special instruction by pool personnel. I. SERVICES to be provided at PUBLIC WORKS AND UTILITIES OPERATIONS CENTER, 100 OYSTER BAY AVE. Approximate square footage ............................................... 4,223 1. All of the duties outlined under Section IV janitorial tasks to be performed. All normal janitorial services will be provided five (5) days per week, Monday through Friday, except City-recognized holidays and H:/word/mot/ner/2001 Janitorial Serv'ices proposal ~(O 12 after 5:00 PM unless otherwise stated or mutually agreed upon by the City's representative. J. SERVICES to be provided at the EQUIPMENT SERVICES DMSION BUILDING, 100 OYSTER BAY AVENUE. Approximate square footage ................................................. 480 1. All of the duties outlined under Section IV, janitorial tasks to be performed. All normal janitorial services will be provided five (5) days per week, Monday through Friday, except City-recognlzed holidays and after 5:00 PM unless otherwise stated or mutually agreed upon by the City's representative. K. SERVICES to be provided at the PUBLIC WORKS AND UTILITIES ADMINISTRATION BUILDING, 3027 OLYMPUS DRIVE Approximate square footage ............................................... 10,732 1. All of the duties outlined under Section IV, janitorial tasks to be performed. All normal janitorial services will be provided five (5) days per week, Monday through Friday, except City-recognized holidays and after 5!00 PM unless otherwise stated or mutually agreed upon by the City's representative. L. SERVICES to be provided at the FORESTRY DIVISION, 4398 OLD BELFAIR HIGHWAY. 1. All of the tasks outlined under SECTION IV. Janitorial tasks to be performed. All normal janitorial services to be one (1) day per week only. Service to be on Fridays, after 5:00 PM unless otherwise directed or mutually agreed upon by the City's representative. 3. SPECIAL INSTRUCTIONS a. When leaving Forestry Division at the end of the cleaning shift, it is the responsibility of the janitors to ensure by performance or by checking that the building is secure and the outer gate is locked. H:/word/mottner/2001 Janitorial Services proposal 13 City of Bremerton Request for Proposals - Janitorial Services 7/13/2001 City of Bremerton - Janitorial ~ ~ 1 TABLE OF CONTENTS REQUEST FOR PROPOSALS ............................................................................... Page 3 TERMS AND CONDITIONS ................................................................................... Page 4 GENERAL INSTRUCTIONS TO BIDDERS ................................................. Page 4 BID CLOSING ................................................................................... Page 4 ADDRESS AND MARKING BIDS ...................................................... Page 4 DOCUMENTS ................................................................................... Page 4 INTERPRETATION OF BID AND CONTRACT DOCUMENTS ......... Page 4 DEFINITIONS ................................................................................... Page 5 SCOPE OF WORK ...................................................................................... Page5 DISQUALIFICATION OF BIDDERS ............................................................. Page 6 LICENSING & REGISTRATION OF CONTRACTORS ...........................Page 6 AUTHORIZED REPRESENTATIVE ............................................................. Page 7 PREPARATION OF PROPOSAL ................................................................. Page 7 COOPERATIVE GOVERNMENTAL PURCHASING ................................... Page 8 PROPRIETARY INFORMATION ................................................................. Page 8 DOCUMENTS INCORPORATED BY REFERENCE ................................... Page 8 DELIVERY OF PROPOSAL ......................................................................... Page 9 NON-COLLUSION AFFIDAVITS ................................................................. Page 9 PRICES ....................................................................................................... Page 9 COMPL ANCE WITH EXISTING LEGISLATION ......................................... Page 9 LICENSES AND PERMITS ........................................................................ Page '10 PRODUCT WARRANTY ............................................................................ Page 10 RECYCLING AND WASTE REDUCTION ................................................. Page 10 HAZARDOUS MATERIALS ....................................................................... Page 10 MATERIALS ACCEPTANCE ..................................................................... Page 11 PAYMENT .................................................................................................. Page 11 REJECTION OF BIDS ......................................................................... .. ..... Page 11 SECURITY FORFEITURE ......................................................................... Page 11 NON-DISCRIMINATION ............................................................................ Page 11 WITHDRAWAL .................................................................................. ........ Page 12 ALTERATIONS .......................................................................................... Page 12 GENERAL INFORMATION .................................................................................. Page 13 RFP SCHEDULE ....................................................................................... Page 13 SPECIFIC INSTRUCTIONS TO VENDORS .............................................. Page 13 PERFORMANCE INSTRUCTIONS .......................................................... Page 14 PROPOSAL ........................................................................................ Page 28 NON COLLUSION AFFIDAVIT ............................................................................. Page 30 PURCHASE AGREEMENT .................. .. .................................................. Page 39 7/13/2001 C~ of Bremerton - Ja.itoda~ I 2 REQUEST FOR PROPOSALS SEALED PROPOSALS will be received at the office of the City Clerk, CITY OF BREMERTON, 239 4th Street, Bremerton, Washington 98337, up to, but not later than 2:00 pm, Friday, August 10, 2001 for JANITORIAL SERVICES. Proposals must be made on the printed forms attached to the specifications and must be accompanied by a bid deposit in the amount of five hundred dollars ($500) in the form of a certified check, money order, cashier's check or bond, made payable to the City Treasurer, City of Bremerton. Should the successful bidder fail to enter into a contract within the time specified, the bid deposit shall be forfeited to the City of Bremerton. Bids received after the time and date noted above will be declared non-responsive and returned to the submitter unopened. The City Clerk and City Council reserve the right to reject any or all of the bids, split the award, or waive any informalities, if the best interests of the City will be better served thereby. Bill Eley IS & Purchasing Manager 7/13/2001 City of BrerneRon - Janitodal~.0 3 TERMS AND CONDITIONS I. GENERAL INSTRUCTIONS TO BIDDERS A. BID CLOSING: Sealed bids to provide Janitorial Services as detailed in the Specific Instructions Section of this request for proposals will be received, opened and read aloud at 2:00 pm, on Friday, August 10, 2001 in the City of Bremerton Purchasing Division Offices, 239 Fourth Street, Bremerton, Washington. B. ADDRESS AND MARKING BIDS: Bids shall be submitted in a sealed envelope clearly marked "Janitorial Bid" and addressed to: IS & Purchasing Manager City of Bremerton 239 4th Street Bremerton WA 98337 C. DOCUMENTS: Attached to this invitation are the Performance Instructions Section and sample contract. By submitting a bid, each bidder acknowledges that s/he has read and understands these documents and agrees to sign the contract within ten (10) days of final award of the contract by Bremerton City Council. D. INTERPRETATION OF BID AND CONTRACT DOCUMENTS: If any person contemplating submitting a bid for proposed contract is in doubt as to true meaning of any part of the bid instructions, specifications or contract or finds discrepancies in, or omissions from these documents, s/he may submit to the purchasing agent for the City of Bremerton a written request for interpretation thereof. The person submitting the request will be responsible for its prompt delivery. Such request must be submitted not less than ten (10) days prior to the date set for receiving bids. Any interpretation or correction of the document will be made only by written addendum duly issued. A copy of such addendum will be mailed or delivered to each individual or firm known to have received a set of documents. The City will not be responsible for any other explanations or interpretations of the contract documents. No oral interpretation of any provisions in the contract document will be made to any bidders or be binding on the City. Any documents included hereinafter are intended as complimentary and what is provided for or called for by one shall be binding for all. 7/13/2001 City of Bremerton - Janitorial 4 E. DEFINITIONS: 1. Bidder: An individual, firm, co-partnership or corporation, or combination thereof, submitting a proposal for work contemplated and acting directly or through a duly authorized individual. 2. City: The City of Bremerton. 3. Contract: The written agreement between the City and the Contractor including the notice to contractors, proposals, plans, specifications, general provisions, special provisions and contract bonds; also, any and all supplemental agreements amending or extending the work contemplated. Supplemental agreements are written agreements covedng alterations, amendments or extensions to the contract and include contract change orders. 4. Contractor: The individual, firm, co-partnership or corporation, and his/her, their, or its heirs, executors, administrators, successors and assigns, or the lawful agent of any such individual, firm, co- partnership, covenantor or corporation, or his/her, their or its surety under the contract bond, constituting one of the principals to the contract and undertaking to perform the work herein specified. 5. Days: Unless otherwise designated, days as used in the contract shall be understood to mean calendar days. II. sCOpE OF WORK: Performance of work for providing services under this contract includes all labor, materials, transportation, equipment, supplies and services necessary for and reasonably incidental to the completion of all work in connection with the project as contemplated in the contract, instructions to bidders, general provisions, the specifications and any accompanying drawings and all change orders and extra work approved in writing. 7/13/2001 City of Bremerton - Janitodal 5 III. DISQUALIFICATION OF BIDDERS: The IS & Purchasing Manager or designee may at his/her discretion determine that a bidder is not responsible and reject their proposal for any of the following reasons: A. Evidence of collusion on prior or the present bid process. B. Bidder not qualified for the work involved or to the extent of his bid. C. Unsatisfactory performance record, judged from the standpoint of conduct of work, workmanship or progress as shown by past or current work for the City. D. Uncompleted work, whether for the City or otherwise, which might hinder or prevent the prompt completion of the work bid upon. E. Failure to pay or settle bills for labor or materials on any former or current contracts. F. Bidder has previously defaulted in the performance of or failed to complete a written public contract, or has been convicted of a crime arising from a previous public contract. G. Any other inability, financial or otherwise, to perform the work. H. Bidder is not authorized to do business in the State of Washington. I. For any other reasons deemed proper by the Owner. IV. LICENSING AND REGISTRATION OF CONTRACTORS: A. Contractors as defined in RCW 18.27.101 must be registered pursuant to RCW 18.27 prior to submitting a proposal. B. Any contractor that is a corporation must obtain a certificate of existence or authorization pursuant to RCW 23. B.01 prior to submitting a proposal. C. The City will not execute a contract with any contractor who is not registered or licensed to do business in the State of Washington (RCW 39.06.010). 7/13/'2001 City of Brernerton - Janitorial 6 V. AUTHORIZED REPRESENTATIVF' The IS & Purchasing Manager or his/her designee shall act as advisor and consultant to the City in all matters relating to the contract and: A. Shall determine the amount, quality, acceptability and fitness of the work, materials and equipment which are to be paid for under the contract and approve all pay estimates prior to payment by the City. B. Shall decide all questions relative to the true construction, interpretation, meaning and intent of the contract documents. C. Shall decide all questions relative to the classification and measurement of quantities and materials, and the fulfillment of this contract. D. Shall have the power to reject or disapprove of work or material that does not conform to the contract documents. E. May direct the sequence of work where such direction is for the purpose of avoiding conflict with other work being performed by the City or by others in the same general locality. Nothing herein shall be construed as requiring the IS & Purchasing Manager to direct the method or manner of performing the work. The decision of the authorized representative in the matters described above shall be final. Authorized City Representative for this bid is: Bill Eley (360) 478-5293 VI. PREPARATION OF PROPOSAl · A. Each bid shall be made on the forms furnished, or in a format required by the City, and shall be signed by an authorized person with the signature in full. The address and telephone number of the bidder shall be typed or printed on the proposal. B. The total price shall be typed or written with ink in both words and figures. All blanks must be filled in. C. If a discrepancy exists between the words and the figures, the words shall govern. Any omission of prices on items shown in the proposal form may be cause for rejection of the bid at the sole discretion of the City. D. At a bidder's discretion, a proposal may be conditioned upon qualifications 7/13/2001 C~ of Bremerton - Janitorial ~L~ 7 or am. endments to the Contract documents that do not materially change the requirements contained therein. Such qualifications or amendments shall be fully described on the form provided in these documents. The City reserves absolutely the right to accept or reject any such qualifications or amendments and to consider price variations therefore in determining the lowest responsible bid. VII. COOPERATIVE GOVERNMENTAL PURCHASINC: Any agreement arising from this Call-for-Bids may be so conditioned as to provide for cooperative governmental purchasing by other State of Washington political subdivisions pursuant to RCW 39.34. VIII. PROPRIETARY INFORMATION: Vendor should identify clearly any material(s) that constitute "(valuable) formulae, designs, drawings, and research data" so as to be exempt from public disclosure, RCW 2.17.310, or any materials otherwise claimed to be exempt, along with a statement of the basis for such claim of exemption. The City of Bremerton, Purchasing Division will give notice to the Vendor of any request for disclosure of such information received within five (5) years from the date of submission. Failure to so label such materials or failure to timely respond after notice of request for public disclosure has been given shall be deemed a waiver by the submitting Vendor of any claim that such materials are, in fact, so exempt. To "clearly identify" put in separate envelope with the outside stamped or printed with the words PROPRIETARY INFORMATION INSIDE. Blank pages should be inserted in bid where proprietary information is required to provide continuity in your bid. All pages should be numbered in sequence including proprietary pages. IX. DOCUMENTS INCORPORATED BY REFERENCF: The following documents are incorporated by reference, to include, but not limited to: Performance Instructions Proposal Sample Contract 7/13/2001 City of Bremerton - Janitorial /.,~ ~, 8 X. DELIVERY OF PROPOSAL: A. Each proposal or bid shall be completely sealed in a separate envelope, properly addressed to the City at the address indicated on the proposal form, with the name and address of the bidder and the name of the project for which the bid is submitted, plainly written on the outside of the envelope. B. Proposals will be received at the time and place stated in the Call-for -Bids. It is the sole responsibility of the bidder to see that his/her bid is delivered on time. Any bid received after the scheduled closin.q time for receipt of bids will be returned to the bidder unopened. C. Bids shall be submitted intact, including all proposal documents and acknowledgment of all addenda received from the City. D. A certified check, cashier's check, cash or proposal bond in the amount of five hundred dollars ($500) must accompany each bid as evidence of good faith and as a guarantee that if awarded the contract, the bidder will execute the contract and give a performance bond as required. Checks shall be made payable to the City Treasurer, City of Bremerton. Xl. NON-COLLUSION AFFIDAVITS: Each bid shall be accompanied by a properly executed non-collusion affidavit on the form furnished by the City. XII. PRICES: All bids are to show net price, F.O.B. Bremerton, Washington, or delivered destination within the City. Sales tax shall be shown as a separate item. XIII. COMPLIANCE WITH EXISTING LEGISLATION: The bidder shall comply with all Federal, State and Local laws, ordinances and regulations pertaining to this bid and shall consider all expenses relative with such compliance in the preparation of the bid. The City will furnish Federal Excise Tax Exemption Certificate if requested and applicable. The City shall require the contractor to pay prevailing wage on all Public Works projects in accordance with RCW 39.04 and 39.12 and WAC 296-127- 101, 011,025, 040, 045. 7/13/2001 CRy Of Bremerton - Janitorial q ~ 9 XlV. LICENSES AND PERMITS: The successful bidder shall acquire and/or possess a current City of Bremerton Business License, and any other licenses and permits which may be required to fulfill the obligations of the contract arising from this Call-for-Bids. B & O taxes shall be paid when due and contractor will agree to assign any payments due to the City Clerk for payment of such taxes that have been declared delinquent. XV. PRODUCT WARRANTY: The products provided in accordance with these specifications must be warranted to be merchantable within the meaning of the Uniform Commercial Code. Furthermore, the bidder warrants s/he has reviewed these specifications, understands the intended use of the product and warrants that all material furnished and all work performed under this contract will be free from defects in material and workmanship and will conform to the requirements of the contract. BIDDER SHALL INCLUDE THE COMPANY'S WARRANTY AND SERVICE POLICY. XVl. RECYCLING AND WASTE REDUCTION: A. It is the policy of the City of Bremerton to maximize purchase and use of products manufactured from recycled materials or products suitable for re- use unless such use will place an unreasonable financial burden on the City or result in undue degradation in quality or performance. B. The City strongly encourages business and industrial activities that actively market and utilize recyclable materials that are in commodity categories generating waste. C. Business' participating in the City's procurement process maybe required to demonstrate compliance with the Environmental Protection Agency Resource Conservation and Recovery Act (RCRA) and the Washington State Solid Waste Act of 1989 (ESHB 1671). XVlI. HAZARDOUS MATERIALS: For the purposes of compliance with the Hazard Communication Act (WAC 296-62- 054 through 296-62-05425), Material Safety Data sheets must accompany all bids for which specifications of the bid or subsidiary products relative to the bid call for substances or materials covered by the Act. Additionally, Material Safety Data sheets shall accompany all deliveries of substances containing warning labels. 7/13/2001 City or' Brernerton - Janitorial ~ 10 XVlll. MATERIALS ACCEPTANCF: Final acceptance shall be conclusive except as regards latent defects or gross mistakes and except as regards to the City's rights under the "Warranty" clause of this contract. XIX. PAYMENT: Payment for equipment will be made by City Council action following notification of acceptance of same by the City. XX. REJECTION Of BIDS: The City reserves the right to reject any or all bids and not to make an award. The award of the contract, if made by the City, will be made to the qualified bidder submitting the lowest reasonable bid, if it is to the City's best interest to accept such bid. The right is reserved by the City to waive any informalities or errors in the bid that, in the sole opinion of the City, do not materially affect the bid. XXI. SECURITY FORFEITURF' If the bidder should fail to enter into the contract and furnish the necessary bond within the time specified, the proposal guarantee which accompanied the bid, whether in the form of a bond, check or cash deposit, shall be forfeited to the City. The award may, at the sole discretion of the City, be made to the next lowest responsible bidder or the work may be re advertised. XXII. NON-DISCRIMINATION: Except to the extent permitted by a bona fide occupational qualification, contractor agrees as follows: A. Contractor shall not discriminate against any employee or applicant for employment because of race, color, national origin, sex, religion, age or disability. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training. B. Contractor shall, in all solicitation for employees or job orders for employees placed with any employment agency, union, or other firm or agency, state that all qualified applicants shall receive consideration for employment without regard to race, color, national origin, sex, religion, age or disability. The words "Equal Opportunity Employer" in advertisement shall constitute compliance with this 7/13/2001 City of Bremer~on - Janitorial,cf ~ 11 section. C. Contractor shall send each labor union or representative of workers with which s/he has a collective bargaining agreement or other contract or understanding a notice advising the said labor union or workers' representative of their commitment under this section, and send a notice to the City of same. In the event of non-compliance by contractor with any of the non-discrimination provisions of this contract, the City shall have the right at its option to cancel the contract in whole or in part. XXlII. WITHDRAWAL: No bid may be withdrawn after having been opened in accordance with the Call-for- Bid opening time. XXIV. ALTERATIONS: No alterations in the proposal, specifications or contract will be allowed. 7/13/~001 City of Bremerton - Janitorial ~ 12 GENERAL INFORMATION I. RFP SCHEDULE: The following are the projected time frames for this process: July 16, 2001 issue legal notice of RFP. July 16, 2001 issue RFP document and forms. August 10, 2001 vendor proposals accepted until 2:00 pm. II. SPECIFIC INSTRUCTIONS TO VENDORS: A. There will be a mandatory site walk-through at 10:00a.m., ~dal/, July 31, 2001. Prospective bidders should meet at that time, at the Front Entrance to City Hall, 239 Fourth Street, Bremerton, WA 98337. Vendors who have questions regarding any section of this RFP should refer those in writing to: Bill Eley, IS & Purchasing Manager City of Bremerton 239 4th Street Bremerton WA 98337 B. One (1) sealed copy of each proposal must be submitted by 2:00 pm, August 10, 2001 to: Bill Eley, IS & Purchasing Manager at the above address. C. Responses are to include a complete and independent proposal document, listing all items that are being proposed to the City. All costs and conditions must be stated clearly in this proposal document and the document must be dated and signed by the vendor. D. Vendors are encouraged to submit more than one proposal, under separate cover, if they can provide the City a choice of solutions. E. A City Evaluation Team will analyze each response to the RFP. Vendors may be asked to discuss, clarify and expand on the information submitted in their proposal during the evaluation process. F. The City of Bremerton is not liable for any costs incurred by the vendors in connection with RFP response preparation, demonstrations, pre-sale meetings or contract negotiations. 7/13/2001 City of 8remerton - Janitorial ~ 13 JANITORIAL SERVICES PROPOSAL FORM Date: 8- 8- 01 To the City Council and City Clerk, City of Bremerton In accordance with your department, plans and specifications as listed and on file in the office of the City Clerk, the undersigned Golden Globe Jan±torial (Company Name) hereby agrees to provide janitorial services for a two (2) year period. Beginning 2001 as follows: 1. City Hall, 239 4~ Street $ 2471.98 Per Month 2. Permit Center, 286 4"' Street · $ 629.42 Per Month 3. Fire Station #1 Admin, 817 Pacific Ave. $ ! 19.41 Per Month 4. Downtown Library, 612 5"' Street $ 19 o. ? 3 Per Month 5. Police Patrol Div. 4846 Auto Center Way $ 206. ? 3 Per Month 6. Senior Center, 1140 Nipsic Ave. $ 286.85 Per Month 7. Parks Department, 680 Lebo Blvd. $ 2591.89 .Per Month 8. Glenn Jarstad Aquatic Center, 50 Magnuson Dr. $-.~-r~Per Month 9. Public Works & Utilities Operations, $ 371.68 Pet Month 100 Oyster Bay Ave. 10. Equipment Services Div., 100 Oyster Bay Ave. $ 98.22 Per Month 11. Public Works & Utilities Admin., $ 746.42 Per Month 3027 Olympus Dr. 12. Forestry Division, 4398 W. Old Belfair Hwy. $108.73 Per Month TOTAL ................................................................... $ 8923.87 Per Month (Price does not include tax) Eight thousand nine hundred twenty three dollars and eighty seven cents Total Monthly Amount Written 7/13/2001 City of Sremerton - Janrtorial 51 28 $ o. o'726 Price Per Square Foot (Per'[urmance Instructions I#. Z) Prices quoted include all cleaning supplies, materials and equipment: All rest room and kitchen supplies appropriate to existing fixtures. Please indicate that portion of proposed monthly contract amount that is set aside for supplies. $ z525.58 PerMonth. Please indicate prevailing wage used in calculating service rates. (Attach a separale sheet) Please indicate what percentage of proposed contract amount represents on-site supervision. ~. 0 .%. 8-8-01 jZ('ned:-C/ ,,,//r - ,,,, / Date 7/1312001 City of Bremerton - Janitorial 5~,., 29 DATE SUBMIT[ED: BILL AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Committee Meeting Date: February 3, 2004 Purchase of 1999 Ford F450 w Altec man lift COUNCIL MEETING Date: February 11, 2004 Department: PW& Util Presenter: Jim Orton, Fleet Manager Phone: 5356 SUMMARY: Publicworks Electronics Division has budgeted to replace a 1989 Dodge van. They have requested a smaller utility style bucket truck. After extensive search I have located a 1999 Ford F450 with an Altec manlift. This vehicle is in excellent condition and low miles (30000). Total cost is set at $32,754.50 including sales tax. Funds are budgeted in the equipment reserve. ATTACHMENTS: none FISCAL IMPACTS (Include Budgeted Amount): $32,754.50 Budgeted in the Equipment Replacemant Fund APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: ~ /,~ FINANCE DIRECTOR: - '~( MAYOR: ~ ...--~ -~--~'"~ FISCAL/BUDGET: ~ ,,z g . CONSENT AGENDA ~ OPERATIONS: COUNCIL PRESIDENT: - RECOMMENDED MOTION: Staffrecomends council moves to approve a sole source purchase from First National Auto Lease Co. for the aformentioned vehicle in the amount of $32,754.50. COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action DATE SUBMITTED: January 29, 2004 BILL # 0 q ~ O ~ AGENBA BILL CITY OF BREMERTON ~ ~ CITY COUNCIL SUBJECT: Reappointment to the Committee Meeting Date: a~ ~ ~ -~5/~ Planning Commission COUNCIL MEETING Date: February 11, 2004 Department: Executive Presenter: Mayor Bozeman Phone: 473-5266 SUMMARY: Andrew Kosusko's term on the Planning Commission will expire February 8, 2004. It is recommended he be reappointed to another four year term on the Planning Commission. ATTACHMENTS: Application for reappointment. FISCAL IMPACTS (Include Budgeted Amount): N/A APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: .~: ,,~,,:/ ~.f~~._.~,, / / ('~ ~..~,3C._T;::~0 CONSENT AGENDA [] OPE~TIONS: CO~CIL P~SIDENT: ~. /~ _ ~COMMENDED MOTION: I move to reappoint ~drew Kosusko to ~other four year tern on · e Plying Co~ission. COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action APPLICATION FOR CITY' BOARDS/COMMISSIONS/COMMITTEE ~OTE: As an applicant for a City Board, Commission or Committee, your name, address, and telephone number will be available to the press and public. You will be contacted before any action is taken on your appointment. [Please type or print ctearly) DATE: HOME ADDRESS: ~-~o 2o ~. ~,~ . l~z~.~o~ STATE ~J~, ZiP CODE WORK BUSINESS EDUCATION: ~ , LOCAL REFERENCES (name & phone number): I AM INTERESTED IN SERVING ON (please che~k one or more): ( ) Disability Action Committee ~ Planning CommiMion (t 8 yin. & older) ( ) Civil Service Commission(18 yrs. & older)( ) Parks & Recreation Commission ( ) Urban Forest Committee ( ) Ethics Commission ( ) Public Access Citizens Advisory Committee ( ) Parking Advisory Board ( ) Community Development Block Grant ( } Solid Waste Management Advisory Committee ( ) Bremerton Housing Authority ( ) Youth Council ( } Board of Appeals, Housing/Building Codes ( ) Safe Streets Steeling Committee ( ) Mayor's Select Committee on Law ( ) Citizen's Commission on Council Salaries Enforcement ( ) Other Is this an application for reappointment? If yes, how many yeere have you served on this commission/committee? Please turn page *-+ WHY ARE YOU APPLYING FOR THIS APOINTMENT? NHICH OF YOUR PER~N~ ~DIOR PROFES~ION~ INTERESTS PROMPTED YOU TO ~PLY =OR THIS ~POINTMENT: ~ , ~ ~ ~ HAVE YOU SERVED ON ANY OTHER BREMERTON BOARD, COMMISSION, COMMITTEE OR TASK FORCE? IF YES, PLEASE LIST: A , PLEASE LIST YOUR QUALIFICATIONS FOR THIS APPOINTMENT (INCLUDE SKILLS, ACTIVITIES, TR~I. HI, G, EDUCATION): WHAT ARE YOUR COMMUNITY INTERESTS (COMMITTEES, ORGANIZATIONS, SPECIAL Ac.'rlVI~IES)? ~ We welcome your willingness to serve Bremerton. PIsase return this completed form to: Mayor's Office (360) 478-5266 230 4m Street (360) 478-5883 FAX Bremerton, WA 98337 E-mail: mayord~ci.bremarton.wa.us DATE SUBMITTED: January 7, 2004 BILL ~ oq-OOq AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Condemnation of Property Committee Meeting Date: January 13, 2004 Ordina~ ,4/0. q~- COUNCILMEET1NGDate: ~~'?-}1-0~ Department: Public Works Presenter: Kathleen Cahall Phone: 2315 SUMMARY: The City purchased a license in 1988 to test for and install a drinking water well on a small parcel of land outside City limits for use in the City's Water Utility System. The property upon which the well sits was purchased in 1990. There is a need to purchase a .44 acre parcel of property surrounding the well to allow for the placement of utilities to serve the well; to allow City personel to access the well; and to serve as a protective buffer. The City has tried to negotiate with the owner of the property surrounding the well for the purchase of the property, but this effort has been unsucessful. ATTACItMENTS: Ordinance authorizing negotiated sale or condemnation Map of Parcel to be aquired FISCAL IMPACTS (Include Budgeted Amount): Amount included in Water Utility Capitol Fund Budget as previously approved by Council. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET:oPERATiONS: ,}~ CONSENT AGENDA [] COUNCIL PRESIDENT: '~"D~ RECOMMENDED MOTION: A,~M....cve tc, a~,~,, w t~,c a~azked era_;n~__-_¢e on_firaLreading,~mthogi~._ing the City Attorney to take ac, t~n te aqg:re tk: Frc,~.-'rty Io,,,a~d a~Siiverdate-Mobile-E~ta~es-inKk~pCounty,- Wasl-dngton: B. I move to pass Ordinance # q ~t:-* on second reading, authorizing the City Attorney to take action to aquire the property located at Silverdale Mobile Estates in Kitsap County, Washington. COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action ORDINANCE NO. _0ri~ I~ o AN ORDINANCE of the City Council of the City of Bremerton, Washington, authorizing and providing for the acquisition of land located at Silverdale Mobile Estates; providing for condemnation, appropriation and taking of land and property rights necessary, therefore; providing for the cost thereo~, directing the initiation of appropriate proceedings in the manner provided by law for the condemnation; and electing not to comply with chapter 8.26 RCW in connection with the condemnation. WHEREAS, the City Council recognizes that drinking water wells are a necessary part of the City's Water Utility system; and WHEREAS, the property located at Silverdale Mobile Estates in Kitsap County, Washington surrounds a site that has been previously purchased and improved via the installation ora drilled well; and WHEREAS, the City Council has determined there is a need to acquire land for purposes related to the operation of the well for use by the City Water Utility; and WHEREAS, the prope~y identified by the City is currently undeveloped; ~d ~%IEREAS~ to date. the City has not been able to acquire the prope~y through negotiations with the owner of the property; and WF~REAS, the City Council finds and declares it necessa~ and in the best interest of the public that all interests and rights in the prope~y be condemned, appropriated and taken ~br public use, subject to the making or paying of just compensation to the owners thereof in the manner provided by law; and ~EREAS, the City is authorized by RCW 35.22.280 and Chapter 8 12 RCW to initiate eminent domain proceedings fBr the condemnation of the property; and WHEREAS, the City Council desires to elect not to comply with Chapter 8.26 RCW in connection with the acquisition of the property: NOW THEREFORE. THE C1TY COUNC1L OF TIlE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION L ('o.~[c,n~i;rttiot;. The rights and interests in the real property located at Silverdale Mobile Estates in Kitsap County, WasNngton. as legally described in Exhibit A attached hereto and made a pan hereof~ which is necessa~~ [br water utility purposes, is hereby co~demne& appropriated and taken t?or public purposes, subject to the making or paying of just compensation to the owners thereof in the manne~ provided by law SECTION 2, 7'~t~: ]'he cost aud eK[>ense ofacqtfi~ing all interests a~d rights t ~ ~ Dt~ctt ment Rq/i~re~ce in the property shall be paid tYr from file Water Utility Capitol Fund of the City, or from such other monies that the City may have available or attain for the acquisition SECTION 3. _('lO' A ttorne3d Authorizations. The City Attorney is authorized and directed to enter into any and all negotiations and stipulations necessary to acquire the property, or undertake proceedings provided by law to condemn., appropriate and take the property and carry out the provisions of this ordinance. SECTION4. Chapter 8.26 RC~: The City Council elects not to comply with the provisions of Chapter 8.26 RCW t:or the purpose of acquiring tile property. SECTIONS. ~¥verabiliff: If any one or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the sa]ne shall remain in full force and effect. ,¥ECTION 6. E[[ective Dale. This ordinance shall take effect and be in tbrce ten { 10) days from and after its passage, approval and publication as provided by law. APPROVED by tile City Council the ....... day of ,2003 PASSED by the City Cotmcil the day of .................... .2003 Council Pres dent Approved this da CA RY BOZEM,AN, Mayor ATTES'f: APPROVED AS TO FOPcM; City Clerk ROGER A. LUBOVICtt, C~t,, Attorney PUBLISHED tl~e ........... day of ....................... 2003 £iFFECflX,. l~, tile .......... day of · 2003 ORD1N ANC E NO EXHIBIT A That portion of the northeast quarter of the southwest quarter of Section 26, Township 25 North, Range 1 East, W.M., Kitsap County Washington, more particularly described as follows: Beginning at the southeast comer of said northeast quarter of the southwest quarter; thence N 0o55'38'' E along the easterly line of said subdivision 240.43 feet to the intersection with the extension of the northerly line of Tract 177, of the Silverdale Mobile Estates, also being the TRUE POINT OF BEGINNING; thence leaving said easterly line, N 89°49'51'' W along said extension and northerly line of Said Tract 177, 157.59 feet to the easterly edge of asphalt for NE Saturn Lane; thence N 0045'48'' E along said easterly edge of asphalt 150.23 feet to the southwest comer of Tract 2t2, of said Silverdale Mobile Estates; thence leaving said easterly edge, S 89°49'51" E along the southerly line of said Tract 216 and extension thereof, 158.02 feet, to the intersection of said southerly line and the said easterly line of said subdivision; thence S 0055'38'' W along said easterly line 150.23 feet to the TRUE POINT OF BEGINNING. Except that portion described as follows: Beginning at the southeast comer of said northeast quarter of the southwest quarter; thence N 0o55'38'' E along the easterly line of said subdivision 291.28 feet; thence N 89004'22'' W 75.12 feet to the an existing 6 foot chain link fence and the TRUE POINT OF BEGINNING; thence along said fence, N 0055'38'' E 50 feet; thence along said fence, N 89004'22'' W 50.00 feet; thence along said fence, S 0o55'38'' W 50.00 feet; thence along said fence, S 89004'22'' E 50.00 feet to the TRUE POINT OF BEGINNING. (,,O DATE SUBMITTED: November 12, 2003 BILL # 061 - AGENDA BILL CITY OF BREMERTON 3 CITY COUNCIL ........... Z75ZZ Z" Z;ZZ ........... O~ANCE ~E~G BMC CO~CIL MEET~G Date: ~ Feb. 11, 2004 21.02.150, ~LISTED USES A~ BMC Dep~ent: City Aaomey's Office 21.02.070, DEF~ITIONS Presenter: Ro$er A. Lubovich Phone: 473-2345 SUMMARY: The cu~ent provisions of BMC 21.02.150 do not provide adequate criteria for reviewing ~d considering applications for Unlisted Uses that ~e not listed in Figures 120 ~d 140 of the zoning code, Chapter 21.02 BMC, as allowable uses by zones in the City. The proposed ordinance amends BMC 21.02.150 to provide criteria for review and consideration of applications for unlisted uses, ~d m~es minor tec~ical co~ections to Section 21.02.070, Definitions, relating to Lot Line, Front and Lot Line, Rem. ATTACHMENTS: Proposed Ordinance. t~o. FISCAL IMPACTS (Include Budgeted Amount): None APPROVALS: DEPARTMENT DIRECTOR: ,. ',; ' ~ '~,/i ? 'i: L ~-:i~ (r CITY ATTORNEY: _X~ ~7~7;"~ga!;~."-'-7"'"'~z_~'_ FINANCE D~CTOR: ~/~~t ~> MAYOR: (~ ~ ~ FISCAL/B~GET: · · -- ~7-- ~ / CONSENT AGE~A ~ CO~CIL P~SIDENT: ~COMMENDED MOTION: COUNCIL ACTION: [] Approve [] Deny [-~d~le [] Continue [] No Action ORDINANCE NO. AN ORDINANCE of thc City Council of the City of Bremcrton, Washington, relating to land usc and zoning, amending thc zoning code by amending Section 21.02.1 $0 of the Bremerton Municipal Code relating to unclassified uses (Unlisted Uses) to establish the criteria for the Community Development Director to consider in classifying, for processing, an application of an Unlisted Use, and further, amending Section 21.02.070 entitled "Definitions" to make technical corrections to this section by eliminating references to "Zoning Ordinance Special Exception." WHEREAS, the current provisions of Section 21.02.150 of the Bremerton Municipal Code relating to Unlisted Uses do not provide adequate criteria for reviewing and considering applications for Unlisted Uses which, pursuant to BMC 21.02.150, are not listed in Figures 120 and 140 of the zoning code, Chapter 21.02 as allowable uses by zones in the City; and WHEREAS, the City Council desires to update the provisions relating to Unlisted Uses to provide criteria for reviewing and considering applications for Unlisted Uses to provide standards for the exercise of the Community Development Director's discretion and eliminate the possibility of arbitrary decision making; and WHEREAS, the SEPA Responsible Official determined that adoption of this ordinance is categorically exempt as procedural action under WAC 197-11-800(20); and WHEREAS, on December 16, 2003, the Planning Commission held a public hearing on the proposed amendment to BMC 21.02.150 and recommended adoption of the proposal to the City Council; and WHEREAS, pursuant to RCW 36.70A. 106, the City sent a copy of this Ordinance to the Office of Community, Trade and Economic Development; and WHEREAS, Section 21.02.070 of the Bremerton Municipal Code entitled "Definitions" requires minor technical corrections to eliminate references to "Zoning Ordinance Special Exception" which was eliminated from the zoning code pursuant to Ordinance No. 4798; and WHEREAS, on January 27, 2004 and February 11, 2004, the City Council considered and held a public hearings on this Ordinance during its regular City Council meetings; and THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDA1N AS FOLLOWS: Unlisted Uses SECTIONL Section 21.02.150 of the Bremerton Municipal Code entitled "Unlisted Uses" is hereby amended to read as follows: 21.02.150 UNLISTED USES. (a) The Director shall review A_any application for a land use that is NOT ,'ncntic. ne~ listed in..~ ...... o~F~gure 140 for the purpose of associating the proposed unlisted use with a listed use or uses using the following criteria: :ha!! be czn:i~erz~ an "Un'2gte~ Uge". (1) The proposed unlisted use and the listed use or uses shall (i) pose similar impacts on the environment for noise, light and glare, dust and odor, and water quality; (ii) present similar operational characteristics for traffic volumes, typical hours of activity, parking demand, delivery of supplies, and storage of materials; (iii) demonstrate similar dimensional compatibilit~ within the zones in which the listed use or uses is/are permitted, including stmctures' height and bulk, lot coverage and characteristic setbacks, landscape, fences, signage, and type of structure (style and materials); and (2) There must be a clear association of the proposed unlisted use with the listed use or uses within any one ofthel4 categories of Table 140. The Director's association of an unlisted use with a listed use or uses classifies the proposed use as the listed use or uses for processing the application. ^ au;.;.,...,;..~ u~.~.~ ¢ .... :-~. ,~. ..... ~. ,~.~ e--~;n, · r~ o~;* ...... The Director's classification of an unlisted use or the Director's determination that the proposed use cannot be classified and processed as any other listed use or uses may be appealed to the Administrative Hearing Examiner as a Type I administrative decision pursuant to BMC 21.02.840. SECTION 2. The definitions for Lot Line, Front and Lot Line, Rear contained within Section 21.02.070 of the Bremerton Municipal Code entitled "Definitions" are hereby amended to delete references to Zoning Ordinance Special Exception, which was previously deleted from the Zoning Code pursuant to Ordinance No. 4798, as follows: LOT LINE, FRONT. Any property line that abuts a public street, private street, or alley (if no street frontage) is considered a frontage and shall meet the minimum lot frontage development requirements of this code, "-~ LOT LINE, REAR. The property line most opposite or most distant from the designated front lot line and that does not intersect any front lot line. Comer lots ot~en have no rear lot line. In the case of a waterfront property, the rear lot line is that which adjoins the ordinary high water line (OHWL), un!cza ~n.*~a Unlisted Uses SECTION3. Severabilit~. If any one or more sections, subsections, or sentences of this ordinance are held to be tmconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION4. Transmittal of Adopted Ordinance to State. Pursuant to RCW 36.70A.160, the Community Development Director is directed to send a copy of the adopted version of this Ordinance to the State Office of Community, Trade and Development. SECTION 5. 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 Attomey PUBLISHED the . day of ,2004 EFFECTIVE the day of ., 2004 ORDINANCE NO. R:\LEGAL\Ordinances\Community Development\Unlisted Uses.doc Unlisted Uses DATE SUBMITTED: January 12, 2003 BILL # AGENDA BILL CITY OF BREMERTON CITY COUNCIL j nu 20-2004 SUBJECT: PUBLIC HEARING ON Committee Meeting Date: ORDINANCE AMENDING BMC COUNCIL MEETING Date: ~ Feb. 11, 2004 21.02.152, DOWNTOWN DISTRICT Department: City Attorney's Office Presenter: Roger A. Lubovich Phone: 473-2345 SUMMARY: When the current provisions of BMC 21.02.152 were adopted a year ago, they unintentionally created nonconforming uses out of existing land-uses in the Downtown Waterfront (DW) and Downtown Core (DC) zoning districts because of off-street parking requirements. The proposed ordinance amends BMC 21.02.152 to exempt existing structures from off-street and landscaping requirements. ATTACHMENTS: (1) Proposed Ordinance; (2) Staff Report; and (3) November 18, 2003 Planning Commission Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): None APPROVALS: DEPARTMENT DIRECTOR:~ CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: coUNcI PREs ENT: F RECOMMENDED MOTION: 2. I move to pass Ordinance No. ~g7 on second readingj aS ~~' COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action 7 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Section 21.02.152 of the Bremerton Municipal Code relating to Downtown District development standards. WHEREAS, the current provisions of Section 21.02.152 of the Bremerton Municipal Code relating to the Downtown Waterfront and Downtown Core zoning districts have tmintentionally created nonconforming uses out of existing land-uses because of parking requirements; and WHEREAS, the City Council desires to update the provisions relating to development standards in the Downtown Waterfront and Downtown Core zones in order to reduce the amount of nonconformity and support the remodeling and reuse of existing buildings; and WHEREAS, the SEPA Responsible Official determined that this proposal will not have a probable significant adverse impact on the environment and issued on November 5, 2003, a Determination of Nonsignificance (DNS) under WAC 197-11-340(1); and WHEREAS, on November 18, 2003, the Planning Commission held a public hearing on the proposed amendment to BMC 21.02.152 and recommended adoption of the proposal to the City Council; and WHEREAS, pursuant to RCW 36.70A. 106, the Department of Community Development sent a Notice of Intent to Adopt for this Ordinance to the Washington State Office of Community, Trade and Economic Development; and WHEREAS, on Janual~ 27, 2004 and February 11, 2004, the City Council considered and held a public hearing on this Ordinance during its regular City Council meetings; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHiNGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTIONL Section 21.02.152 of the Bremerton Municipal Code entitled "Downtown District" is hereby amended to read as follows: 21.02.152 DOWNTOWN DISTRICT. (a) Zones. (See Map of Zone Districts, Figure 152(a)) (1) Downtown Core (DC). (i) Purpose: To focus commercial, entertainment, cultural, civic uses and urban residential into an intense, compact, walkable area served by public transit. (ii) Allowable Uses: 1 Downtown District Parking and Landscape a. commercial, financial, retail b. eating and drinking establishments c. general offices d. entertainment, museum, and cultural e. government and education f. residential and hotel g. religious institutions h. parks and open space i. structured parking (iii) Prohibited Uses: a. industrial uses b. drive-through uses c. motor vehicle sales, service, repair or washing d. storage of equipment and materials e. adult entertainment f. work release facilities g. commercial surface parking lots, not serving a permitted use (2) Downtown Waterfront (DW). (i) Purpose: To provide for an array of uses related to the water, multi-modal transportation facilities, view corridors, public access and residential. (ii) Allowable Uses: a. retail, including marine retail b. eating and drinking establishments c. hotel d. residential e. transportation facilities f. parks and open spaces g. structured commercial parking with other permitted use h. General offices comprising no more than 25% of the total gross floor area of a mixed use development. (iii) Prohibited Uses: a. same as downtown core, plus b. boat sales, storage and repair e. stand alone commercial parking not serving a permitted use (b) Development Standards-Table. (1) Floor Area Ratio (FAR) = (Floor area/Lot area) Base Maximum Non- Res W/Amenities District Res Non- Res Res DC 1 2 3 6 DW .5 1 1 2 2 Downtown District Parking and Landscape (2) Maximum Building Height DC See Figure 152Co) DW See Figure 152(b) (3) Parking (stalls/k gs0 (for exempt development see BMC 21.02.152(f}) Min Max DC 1 4 DW 1 3 (4) View Corridor DC N/A DW See Table 3.2 of the Shoreline Master Program Notes: 1. Floor Area Ratio (FAR) is the amount of floor area within a building as a multiple of the lot area. Floor area is measured to the inside face of the exterior building walls. Calculation of FAR can exclude the following: a. spaces below grade. b. space devoted to parking. c. mechanical spaces. d. elevator and stair shafts. e. space used for retail uses or restaurants that front the sidewalk. f. space devoted to Special Amenities. g. exterior decks open to the air. 2. The FAR for non-residential uses and residential uses within a given development are individually calculated for each use and may be added together for a combined maximum, provided that the maximum allowable FAR for each use is not exceeded. (Example: A project that includes Special Amenities may have a total FAR of 6, with 2 in commercial use and 4 in residential use.) 3. For the Downtown Core district, new development shall have a minimum FAR of 1. 4. Maximum Building Height excludes: a. parapets. b. mechanical penthouses and elevator overruns and machine moms. c. roof forms and decorative elements not intended for occupancy. 5. The first 3,000 sfof ground floor retail uses are exempted fi'om parking requirements. 6. For residential uses, the minimum parking requirement is .5 spaces per 1000 sr. 7. For purposes of this code, hotels shall be considered residential uses. (c) Design Standards App~2ca~Ic tr, Al'- 2:;-:Ic, p:'...cnt '::[~[.n ~c, wntc,',','n (for exempt development see BMC 21.02.152(0). (1) All roof-top mechanical equipment shall be screened by either a high parapet or a stepped or sloped roof form that is a part of the architecture of the building and is at least as high as the equipment being screened. Fencing is not acceptable. (2) Street trees shall be provided with no fewer than 3 trees per 100 linear feet of frontage. Tree grates shall be used to cover the planting pits. Where existing areaways or 3 Downtown District Parking and Landscape vaults prevent this form of planting, trees shall be planted in planters equipped with irrigation. All trees shall have a minimum caliper of 2 ½" at the time of planting. (3) Surface parking lots, if they abut public sidewalks, shall provide a perimeter landscaping strip containing a combination of trees (with no fewer than 3 trees per 100 linear feet of frontage), and shrubs. Masonry walls no lower than 15" and no higher than 30" may be substituted for shrubs. (4) For parking lots containing more than 20 stalls, at least 15% of the interior area shall be planted with trees and shrubs. All trees shall have a minimum caliper of 2 ½" at the time of planting. Pedestrian walkways from adjacent sidewalks shall be provided. (5) The street-facing, ground-level facades of parking garages shall be designed to screen the view of parked cars. Where commercial or residential space is not provided to accomplish this, features such as planters, decorative grilles, or works of art shall be used. (6) Any sidewalk level fagade that faces any downtown street shall have at least 35% of the fagade area in transparent glass windows. (7) Any fagade facing a public sidewalk shall incorporate more refined materials such as stone or brick and details such as pilasters, plinths, brackets, or belt courses on at least the first floor. (8) Buildings taller than four stories shall display a distinctive design for the top of the building which can be achieved by various means including a change in materials, architectural detail, color, or step backs at the top floor, a prominent projecting cornice, or a roof with a form such as a curve, slope, or peak. (9) All development along any Primary Pedestrian Street (First, Second, Burwell, Fourth, Fifth, Pacific, and Park) shall meet the following standards: (i) Building facades shall abut the sidewalk. However, entrance areas may be recessed. Furthermore, buildings may be set back to accommodate Exterior Public Spaces conforming to the provisions in Section 21.02.152(d)(1). (ii) At least 50% of the linear, sidewalk level frontage of any structure shall consist of, or are adaptable to, retail, restaurants, cultural or entertainment uses, financial institutes, office, indoor public spaces, or art galleries. (iii) At least 75% of the frontage shall include weather protection in the form of a flat or sloped canopy, projecting at least 5 feet over the sidewalk. (d) Amenities required to achieve the Maximum Floor Area Ratio. In order for a development to achieve the maximum allowable Floor Area Ratios set forth in the Development Standards table in Section 21.02.152(b), Special Amenities must be provided. In return for incorporating any one of the three special amenity features on the following list, the maximum FAR shall be allowed. The design of each feature will be reviewed to ensure that it is appropriate for the proposed location and provides for a public benefit. (1) Exterior Public Space that is at least 10% of the site area and includes the following features: a. seating in the amount of one sitting space for each 100 sf of area. b. trees and other plantings. c. art or water feature. d. solar exposure during the summer. e. access and visibility from the nearest sidewalk. (2) Public Benefit Use consisting of at least one of the following: 4 Downtown District Parking and Landscape a. meeting room(s) available to the public. b. day care. c. museum. d. performing arts theatre. (3) Work of Art or Water Feature in a location that is visible to the public at all times. There may be more than one artwork or water feature, so long as the cost of the item(s) is equivalent to at least 1% of the building permit value for the project including site improvements. A work of art consists of an original, artist-produced creation such as: a. murals. b. sculptures. c. paintings. e. inlays. f. friezes. g. mosaics. h. tile work. (e) Change of Use or Rehabilitation of Existing Buildings. When an existing building or structure is remodeled or improved or has a change in use or tenancy~ it shall be exempt from off-street parking and landscaping requirements for new development including those set forth in BMC 21.02.152(c) provided that: (1) the structure is not enlarged, extended or stmcturaily altered outside the existing extents of exterior walls and roofs in a manner that would generate additional required parking; and/or (2) the structure is not structurally altered within the limits of existing exterior walls and roofs to increase the existing floor area by more than 25%. SECTION2. Severabili~. If any one or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION3. 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: 5 Downtown District Parking and Landscape PAULA JOHNSTON, Interim City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the day of ., 2004 EFFECTIVE the day of ., 2004 ORDINANCE NO. R:~LEGAL\Ordinances\Community DevelopmenfiDowntown District Parking and Landscape.doc 6 Downtown District Parking and Landscape MEMORANDUM Department of Cornmunit. y Development 286 4t~ Street * Bremerton, WA 98337 Phone: (360) 473-5275 Fax: (360) 473-5278 DATE: October 16, 2003 TO: PLANNING COMMISSION Jessiea Kennedy, Chair B. Scott Buckingham, Vice Chair John W. Cockburn Andy Kosusko Clarence Nelson Linda Streissguth, AICP Angola S. Wood FROM: Robert J. Grumbach, AICP, Current Planner SUBJECT: Agenda Item 2(a): ZONING TEXT A/VlENDMENT BP03-00178 The Department of Community Development would like to initiate a text zoning code amendment to address parking issues and redevelopment standards in the downtown district zoning classifications (BMC Section 21.02.152). Backgrotmd: The issue first surfaced after Calvary Chapel purchased the old Sears building at 252 Fourth Street. The building had been empty for years and the church wished to remodel the structure to house religious worship services, church offices and a day care facility. A problem arose because the building covered 100 percent of the lot and had no associated off-street parking. The Sears parking garage had been sold separately earlier and BMC Section 21.02.670(c)(I) had previously exempted the Central Business Districl area from off-street parking and loading space requirements. Problem: When the City adopted BMC Section 21.02.152 establishing the new Downtown Waterfront (DW) and Downtown Core (DC) zoning districts, it reintroduced a requirement for off-street parking. Since many of the buildings in these districts do not have adequate associated off-street parking, there is a potential barrier to redevelopment of the downtown area. The Department of Commun/ty Development is currently reviewing many of the building pemfits for downtown buildings under BMC Section 21.02.590(d)(1), which allows the Director to waive additional parking space requirements if a building remodel or change in use does not result in a significant increase in parking demand. The difficulty is that th/s is very subjective and requires any potent/al increase in parking demand to be mirdmal. Minutes for Planning Con.mission Meeting November 18, 2003 I. Call to Order The meeting was called to order by Commissioner Ko,reedy at 5:30 p.m. Commissioner Kennedy asked staff`to introduce the new connnissioner. II. Roll Call Those present were: Connnissioner Bucldngham, Cmmnissioner Cockburn, Connnissioner Kosusko, Commissioner Streissguth, Connn/ssinner Wood and Commissioner Kennedy. Quorum certified. IH. Approval of Agenda Commissioner Kennedy introduced the agenda. She announced that there had been a change to the agenda. Item B. 1. b. has been deleted [Pubhc Hearing for BP03 00189 - An ordinance mending BMC 21.02.150 relating to unlisted uses.] Also, the Workshop 2. [Comprehensive Plan - Draft Transportation Element] has also been deleted. Chris Hugo made a statement, for the record that the public heating item B. 1. b. has been deferred because 'of a notice issue. We had published a notice for the agenda but did not publish a separate notice 1/Ice we did for item B. 1. a. that explained the full opportunity for public comment. Since we did nOT follow the same protocol, the workshop is deferred because we just have too many hits on staff time and difficulty notifying everyone. A motion was made by Commissioner Kosusko and seconded by Commissioner Buckingham to approve the agenda as amended. Called for a vote: Buckingham: yes; Cockbum: yes; Kosusko: yes; Streissguth: yes; Wood: yes; and Kennedy: yes. Agenda approved as amended. IV. Approval of Minutes The minutes of the Regular Meeting held on October 21, 2003, were presented for approval by Commissioner Kennedy. A motion was made by Commissioner Kosusko and seconded by Commissioner Streissguth to approve the minutes as written. Called for a vote: Buckinghmn: abstained; Cockbum: yes; Kosusko: yes; Streissguth: yes; Wood: yes; and Ksrmedy; yes. M/x~utes approved as written. V. Public Meeting Commissioner Kennedy moved directly to the call to the public portion. Plam~/ng Con~m/ssion Meeting November 18, 2003 Page 1 of 10 A. Call to the Public (public cmmnents on any item not on tonight's agenda). She addressed the group and asked if there was anyone with conunents. Seeing none, she closed this portion of the meeting. B. Public Meeting 1. Public Hearing: .. . ' a. BP03 00178 - Proposed zon/ng text anuendment to BMC 21.02.152 to revise the parking requirements for redeveloping properties in the DC and DW zones. Commissioner Kennedy introduced the item and turned the floor over to staff, Chris Hugo, DCD Director. [Conmaentary notes are enclosed in brackets.] Chris started by saying that at the last meeting there was a workshop on this item. He then distributed the staff report to the connnJssion. For the purpose of the public hearing he set up the back~ound of this proposal. In late fail of 2001 the City Council on the recommendation of the Planning Co~ranission adopted new goals and pohcies for downtown development which became the basis for the illusn-ative plan (Calthrope Plan). Those goals and pohcies were then implemented in late fall of 2002 with implementing development regulations. One of the things the regulations called for was to create two zones, the Downtown Waterfront (DW) and Downtown Core (DC) zones. Also, for the first time applied a parlcing requirement in the downtown area. .. The prior zone for that same geography was the BC zone (Business Core). That zone still exists outside of the study area. The BC zone sill/surrounds - the new zones on a couple of sides. In that area there is still no requirement for parking. However, in the DC and DW zones there is a requirement for parking now for almost any use. The problem is that almost all that area has now become nonconforming because of the parking requirement. Most every property in the DW and DC zones that has a building on it is nonconforming because there is no parking to support the building. When that requirement was imposed, it was done ttfinking that we would be redeveloping much of downtown. So projects like the conference center and the new govermnent building do have conforming parking associated with the projects. We have amaounced the credit un/on building on 2nd, which also has parking that conforms to the new code. He explained that there are existing provisions in the zoning code that allow for satellite parking lots. So, one of the answers may be to go and get parking on a satellite parking lot because there are 1,700 non-associated parking stalls in the BC, DW, and DC zones. Whoever is in the controlling positio~ for those lots are not inclined to give up those spaces in perpetuity. For occupancy ofrehabilitated buildings would have to secure an unlimited r/ght over tinge for those parking spaces, essentially a note to title that the lot owner could not sell and could not redevelop that lot. That is not a good solution for the long haul. Plarming ComnnJssion Meeting November 18, 2003 Page 2 of 10 He then said that there is a provision that would allow the director to waive additional parking requirements if there is a detem~ination that the change of use or remodel does not result in a significant change in parking demand. He said that he has used this in a couple of cases while we have been waiting to fix the code. Chris said that this is a bad fix in that it requires us [DCD] to make some very fonnal detenninations and it is a fairly unguided autho¢-ity · .which can make it easy to be arbitrary. He concluded by saying that the proposal that was reviewed during the workshop is detailed in the current handout. Tlzis action is a proposed addition to BMC 21.02.152. Section 152 is the section with the regulations in the new DC and DW zones and includes the parking requirements for all uses in those two zones· This would be adding a new section, "f' at the end of 152, which apphes to change of use or rehabilitation of existing buildings, lie read directly fi'om the staffreport, "I~Zben an existing building or structure is remodeled or in,proved or has a change in use or tenancy, it shall be exemlvt from off-street parking and landscaping requirements yrovided that I - the structure is not enlarged, extended or structurally altered to allow an increase in the gross floor area or 2 - the work being undertaken follows substantial destruction of the structure as provided for in the BMC 21.800, G. 2." [That is a provision in our non-conforming riglxts section that says that if a building burns down 75% or more, it is essentially gone. The site cmn only be improved fully compliant with the existing codes at the time.] This would exempt a building from parking requirements during a remodel but not if it is being done in compliance with substantial destruction section. Also, this would apply as long as the structure isn't enlarged in any way. Chris detailed the one problem with number one. If there is a structure with high, first floor ceilings (18 ft.). Tkis would not allow you to put a mezzanine in there for a restaurant. He said that this probably would not be in very many cases, but this would limit that because you cannot really increase the useable gross floor area of the structure. He said that this is a minor issue and th/s is one of those fixes that isn't a long term solution. It will greatly relieve people remodeling existing buildings from this requirement. He said that lmxdscaping is ma issue that if the project stays within the existing building wall, it is hard to address the landscape issue. The city will take care of the landscaping in the public right-of-way with street trees (in these zones). There was another provision regarding residential uses that occupied the street level frontages. Cln4s said that the provision was explained to lzin~ and that provision had been removed. It was related to the previous zoning designation (BC), which treated residential use as a secondary use. Plarming Comntission Meeting November 18, 2003 Page 3 of 10 There has been a SEPA determination made and as a non-project action, wc issued a determination of non-significance on November 5, 2003. That concludes the staffrcport and wc have received no written public comments on this proposal. Commissioner Kennedy asked if there were any questions from the commission. Commissioner Wood had a question about lm~dscaping requirements. She said that it is a chance to offer opportunity to enhance existing storefront landscaping other than just street trees. Commissioner Kosnsko agreed. He asked Cln-is if he could talk about what the landscaping requirements are in these zones that the exemption covers. Chris read from dkectly from the code that landscaping is required in parking lots that are created as supporting uses. A parking lot is only allowed if it is associated with a primary use. No free-standing parking lots are not allowed in these two zones. Commissioner Cockburn asked if there was open space landscaping required. This prompted a short discussion. Chris said that one of the things about the code that Mark Hinshaw developed for us is that it is a very simple code. R was sim/lar to the code he produced for Tacoma, which was the smallest development codes for a downtown in America. But three years later that code is now three times thicker as it has gone through the process of being used by apphcants and the staff. They have done what we are doing - starting with a very sknple code and now we are coming back and trying to add sections because we have things in our h/story or in our urbanscape that are anomalies and so we are going back to tradition micro-manage every situation by adding a new code feature. He said that he was sympathetic with what Mark Hinshaw was trying to do, but it is going to take us a while to learn how to work with something so simple. He gave several examples to demonstrate his point. In conclusion he said that we will see how this goes and as long as it is respected in its philosophy maybe we can live with it. It will just take one bad example and we'll be addh~g a new section to this code, which will be landscaping. Commissioner Kennedy then opened the public testimony section of this hearing. Steve Krifles asked for clarification. He wanted to know if what DC, NC, and EC stood for. The EC, he said was located i~ the Harrison area. Chris answered by saying that DC is Downtown Core; NC is Neighborhood Co~mnercial. He then explained that in the planning that NC is Neighborhood Center and EC is Employment Center. Chris said that these are plamting desi~ations and do not relate to tlfis parking proposal. Pla¢~ning Com¢~ssion Meeting November 18, 2003 Page 4 of l0 Steve Krifles then asked about the DC located on lower Wheaton Way. He was told that DC is Downtown Core zone. The DC on lower Wbeaton Way is a pla:ming designation for District Center and is tmrelated to the proposal being discussed. Steve stated that kis question was answered. Commissioner Kennedy then closed the public conmxent section of the hearing.. Commissioner Kosusko stated that this proposal seems to till a gap that was left in the original regulation. We cannot require someone who wants to do something in an existing building without any parldng to provide parking. He said that this is historically consistent with the way things were zoned downtown before. Commissioner Wood said that she concurred with Commissioner Kosusko. Commissioner Kosusko made a motion that the Planning Commission recommend BP03 00178 [a zoning text amendment to BMC 21.02.152 to revise the parking requirements for redeveloping properties in the DC and DW zones] to the City Council for adoption. Commissioner Wood seconded the motion. Chris interjected that there is a negative left out of section 'F.2.' The proposal is that 'the structure shall be exempt from off-street parking provided that the work is NOT undertaken following substantial destruction.' He said that this would probably require an amendment to the motion. Commissioner Kosusko amended his original motion to include the addition of the word "not" into section F.2. 'the work is not undertaken.' The motion was seconded by Commissioner Wood. Called for a vote: Bucl-,J_ngham: yes; Cockbm-n: yes; Kosusko: yes; Streissguth: yes; Wood: yes; Kennedy: yes. Motion carries. 2. Workshops: None. VI. BUSINESS MEETING A. Chair Report - Commissioner Kennedy. 1. Review of Plmnting Commission By-Laws - Commissioner Kennedy reminded the group that they lxad wanted to review our guidelines, etc. in an executive session or open meeting. She said we need to get this on our agenda somewhere. Probably NOT on the next meeting (12/16/2003), because she expects that to be a long meeting [two Comp Plan elements]. There was a short discussion of wlxat was to be covered at the next couple of meetings. Commissioner Kennedy said that including it on an agenda later w~uld allow the legal staff to review the bylaws, etc. Planning Comm/ssion Meeting November 18, 2003 Page 5 of 10 Commissioner Streissguth said that she had e-mailed Cln-is earlier today about this issue. She said that the ordinance she received authorizing tbe authority of the Planning Con~nission and the subsequent bylaws. The information she received did not have the information on the Hearings Exmniner. She wanted to know if the change was done by ordinance change or and amendment to the by- laws. She said that it could be that all we are missing an mnendment. This prompted a short discussion of the change. Chris explained that before we had the Hearing Exarniner there were references to the Plam~ing Commission and the Planning Connnission's authority to make decision ali throughout the zoning code and several places in the Bremerton Municipal Code (BMC), primarily in the quasi judicial decision functions in the zoning code. So, when we created the Heating Examiner system, the primary focus was on the zoning code and getting the language in the zoning code correct. The other section of the BMC that relates to the authority and duties of the Planning Commission was probably just overlooked. The action that created the Hearing Examiner system was an ordinance. Then there were subsequent ordinance actions and anuendments to clean up everything to get it all consistent throughout the zoning code. The part relating back to the Plarm/ng Commission was just missed. This is primarily house-keeping in the BMC and in the by-laws. Chris said that the house-keeping issues can be done by the city legal staff but the by-laws are the responsibility of the commission itself. There was a short discussion of the role of the Planning Commission and the Heati~g Examiner and related RCW's and ordinances. Commissioner Streissguth said that her feelings are that if the change occurred via ordinance to have quasi judicial matters handled by the Heatings Examiner, that takes care of the ordinance issue. The by-laws are very general in nature and it is a simple amendment to add that provision that quasi judicial is now handled via the Heatings Examiner. Commissioner Wood asked if this would be passed on for old business for the next meeting to talk about a date to review our role and by-laws, etc. Maybe it could be a workshop or refresher course of what our roles are and how we communicate with the City Council. Commissioner Kennedy said yes. We will put it under old business to look at a date. B. Director Report: Cln-is Hugo. 1. Kitsap County A~naual Comprehensive Plan Amendments - ClnSs read in the paper that the County did move on their ammal Comprehensive Plan amendments. Apparently chose to ignore the input of the City of Bremerton (The Planning Commission and the City Council) on the matter of interim rural forest lands. He said that this is a serious issue to our future and he thfl~ks there is a policy Planning Commission Meeting Novenxber 18, 2003 Page 6 of 10 discussion to be had bet-ween the Commission and the Council about subsequent considerations that you might take. There are some recourses that are foruml. He explained that this takes us back more than five years in our relationship with tile County. Filing of an appeal to the Growth Hearings Board may be time sensitive. Commissioner Streissguth asked if Chi'is had the timelines for those options. 'Chris said that' since he had just read the paper thai das}, no - he didn't have those fimelines. He said that the first step would be to resubmit our request to see if we could get the County Commissioners to reconsider. Commissioner Kennedy stated that according to the article in the paper, ther~ were some entities that were going to challenge the decision. She said that maybm the City of Bremerton could join in that challenge. Chris said that it is a possibility if the City Cotmci] chose to do that. He verified that the Cmrn-nission had seen the letter from the City Council to the County. It was a very strong letter saying that the language was confusing, it is hard for lay people to consume and understand the implications, but it appears to us that some pretty egregious things are going to happen. Things related to densities and the opportunity to attract 30,000 more residents out into the rural areas. We can attract a certain number of people here by doing good things, but you cannot compete with the ability to go out and sit on a ridge top and look at the Olympic Mountains on 2.5 acres. That is what this does. Chris said that he would refer back to the Commission once he has had a chance to talk to the City Attorney, who was not available today. He said he would also talk to the City Council and get back to the commissioners individually within 30 days if possible. Commissioner Streissguth asked a question regarding procedure or protocol. She said there is a timeline in which to react and she anticipates the Commission should receive some type of staffreport outlining the options available and the timelines associated with exercising those options. If we have less than 30 days, would that warrant a special meeting? Or is that something we would do it via e- mail, phones, etc. Chris said that he would try to get back with the Commission in a week and work through the Chair about any possibihty of needing a special meeting. He said that it will depend on the overall timing with the Council schedule, the budget, the holidays, etc. - how much we can get done. He reiterated that the Council appreciates a formal response from the Plamxing Conunission. Commissioner Kosusko asked if this is a topic that ClnSs would bring to the City Council at the meeting the following ~ight. Chris answered that he would if he could get input from the City Attorney and get a sense of how to proceed. 2. City Budget - Chris reported that all the City depm-tments are just han=-q~ng touCh. The DCD workload has gone up 100% in the last twvo years in dollar volumes of permit revenues. He looks at permit revenues as being a direct Planning ConnrJssion Meeting November 18, 2003 Page 7 of l0 reflection of workload. Long range plmmers are trying to get the Comprehensive Plan done. The cun'ent plmmer and building staffare seeing an increasing number of pemaits and project reviews come in. Like most departments, we are not getting any budget increases or resources. It is going to be a hard year for us. We have to get more revenues from something other than just our office, sales tax and property tax. Our cost issues are driven greatly by things like health care and personnel costs in general [about 60% of. our. budget]. 3. Enviromnental Impact Statement (EIS) for the Comprehensive Plan - Chris informed the group that he and Paul Rogerson had interviewed two respondents to the Request For Proposals (RFP) for the EIS on the Comprehensive Plan. There were six respondents. All six were very qualified and finns Chris is familiar with and do excellent work. Two short-list finalists were selected Huckell-Wein-man, who worked for the City of Spokane and Spokane County doing some very challenging EIS work. The other compmay was Jones & Stokes, who are also really well lmown. The difference in the two finns is Jones & Stokes is a large finn with lots of disciplines within their organization, internally well integrated firm. Huckell-Weinman is a small finn who partner with other disciplines to get the job done. Both are verywell qualified. In each case they talked about the idea of planned action. Plmmed action is taking an area and doing such refine environmental review on that part of your planning environment. The review is so detailed that it is 1/ke a project. If you do it as a planned action it essentially green lights the project after that. So when the project comes in for permits they don't have to go throu~ a subsequent environmental review. It is a great thing because it can attract the activity to happen just because it is going to be easier and you don't have to worry about appeals and additional time. There is also a c6st savings, as well as time saving. Dining the interviews we found that the legislature has created in the SEPA environment, other options to do different types oftl~ngs and get some progress so that you are not just doing an EIS on your Comprehensive Plan, but you are actually making some progress toward implementation. One of them is a categorical exemption that if you create a certain planned environment, you can actually categorically exempt that environment from subsequent SEPA review. There is one other option as well. The good news to that was that some of our target areas like Westpark and maybe Manette Center and maybe downtown may all have enough structure in plans that have already been done to give them a green light for SEPA. That is something that we will be exploring. He said that the Commission and the City Council will be involved with that to malce decision about if we want to do this. Any project area that we could qualify or find some money to get that work done will be a very economic way to get envirmmxental review done. One of the ways also is phased enviromnental review. The EIS is set up as the first phase. Then subsequent sub-area plmming phases and center pla~uzing phases. So the EIS is the first of a sequence of enviromnental reviews and each subsequent one can rely back on the prior one. As you get more detailed you are essentially only Pla~ming Conn~,Jssion Meeting November 18, 2003 Page 8 of 10 addressing the additional plamfing detail You are not going back and having to address the whole general enviromnent again. Several strategies that will be very beneficial to us and are exciting and cost effective. C. Old Business: 1. . Con-espondence from Councilman S~epberd - Commissioner Streissguth mentioned that as she was reading ttu'ough the minutes she was reminded about the correspondence from Councilman Shepherd. She was wondering if the cmmnission still needed to respond to that. Commissioner Kennedy stated that it has been responded to. She said that we responded along the guidelines of what was discussed. Basically, that we did have the Westpark presentation and the downtown plan overlayed what we had already recommended and had been adopted by the council so there wasn't any cacophony. It said that we didn't have any public hearings on it because it wasn't our place to do that. That is what brought up this whole discussion. Councilman Shepherd felt that the Planning Commission would have some ldnd of say in whether this overlay [blighted area] and have a public process. However, it was the Council that had le~slative power to do that. Commissioner Streissguth wanted clarification as to whether the Commission had responded. Again, Commissioner Kennedy stated that we had. Commissioner Kosusko talked about the Auto Zone store being constructed on 6th Street. He wanted to talk about that pattern of development. He said that he didn't think that any of them wanted that pattern of development to continue and hopefully, through our new planning process, it won't. He said that he didn't know about the quality of the building that was there but it was a building that fronted the street, had some community character and got torn down. We then end up with a building that is set back from the street 80 feet with par 'ldng/n front of it with basically no character of its own. His statements prompted a short discussion about how to deal with patterns I/lee this in the future. Chris stated that there should be something in the plan [Comprehensive Plan] that says that strip co~mnercial development should be contained to the extend of/ts existing use. He said there should be a policy there to that affect. He said that he tl~!ks it is existing use or occupancy, wlxich means even if it is zoned it doesn't stay. It has to be actually and occupied corm-nercial site. But if it is just zoned or plmmed in the old plan it doesn't stay. He mentioned a conversation he had with a property owner from out of area. He has a property on Kitsap Way near the city limits. He was asldng about the ability to put a new business relating to the home furnishing industry. Chris told him that it would not be allowed under the new plan or the new strategy. He would require a new plan desi~m~ation. The property owner was told that he could lobby for his interests. However, that is not the way the public process has gone. Chris said that they had quite a discussion and that the property owner was represented Pla~ming Conm~ission Meeting November 18, 2003 Page 9 of 10 by a local lm~d use attorney, h~ the end they understood that this was being done for a reason. D. New Business: None. .VII. Adjournment Meeting was adjourned at 6:30 p.m. The next regular meeting is scheduled for December 16, 2003. Respectfully submitted by: ~-ecutiv~ 'S~retary J Approved by: Planning Commission Meeting November 18, 2003 Page 10 of 10 DATE SUBMITTED: January 28, 2004 BILL# AGENDA BILL CITY OF BREMERTON 7 CITY COUNCIL SUBJECT: HEARING AND Committee Meeting Date: February 3, 2004 ORDINANCE # VACATING THE COUNCIL MEETING Date: FEBRUARY 11, 2004 NORTHERLY PORTION OF THE ALLEY Department: PW&U, Engineering BOUNDED BY NAVAL AVE, 11TH ST. & Presenter: Michael C. Mecham l0TM ST. Phone: 5288 SUMMARY: The City initiated the vacation of the northerly portion of the alley bounded by Naval Avenue, 11th Street and l0th Street. 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 fight-of-way would eliminate an entrance onto a busy urban arterial and improve traffic and pedestrian safety. This is a Class II right-of-way and compensation is not required in accordance with BMC 11.20.080. ATTACHMENTS: 1.) Ordinance # ; 2.) Site Map; 3) Engineering StaffReport FISCAL IMPACTS (Include Budgeted Amount): No Impact. APPROVALS: DEPARTMENT DIRECTOR: q,,~~c,-~--._-~_~ CITY ATTORNEY: FINANC O CTOR: -:- ./'-,-'( / -- FISCAL/BUDGET: PE :'"t,,-~_ C: ' ~ ~u~4~l AGENDA [] 0 RATIONS: COUNCIL PRESIDENT: ' ~'~..~, /{ ~1~'~__ RECOMMENDED MOTION: v A, I move to approve the attached ordinance on first reading, vacating the northerly portion of thc alley bounded by Naval Avenue, Olympic Avenue, 1 lth Street and 10th Street. B. I move to pass Ordinance # on second reading, vacating the northerly portion of the alley bounded by Naval Avenue, Olympic Avenue, 11th Street and l0th Street. COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action ab/Agenda Bills 2004/ROW Vac Alley west of Naval, Agenda Bill for Ordinance ORDINANCE NO. AN ORDINANCE of the City Council of the City of Bremerton, Washington, relating to the vacation of streets, vacating thc northerly portion of the alley bounded by Naval Avenue, Olympic Avenue, 11th Street and l0th Street in the City of Bremerton. WHEREAS, the City has initiated the vacation of the northerly portion of the alley bounded by Naval Avenue, Olympic Avenue, 11th Street and l0th Street in the City of Bremerton; and WHEREAS, the City passed Resolution No. 2917 declaring its intention to vacate the northerly portion of the alley bounded by Naval Avenue, Olympic Avenue, 11th Street and l0th Street, which resolution also set a hearing to take public comment or consider written objections to the vacation; and WHEREAS, fewer than fifty pement 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 February 11, 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 L The foregoing recitals are incorporated as if fully set forth herein. SECTION 2. The northerly portion of the alley bounded by Naval Avenue, Olympic Avenue, 11th Street and l0th Street in the City of Bremerton, as described in Exhibit A, which is attached and incorporated herein by this reference, is hereby vacated to the abutting property owners including any and all easements contained therein. 1 Street Vacation- Alley Naval, Olympic, 11tn Street, 10tn Street SECTION 3. Reservation of Easernents. 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. SECTION 4. No vested rights shall be affected by the provisions of this ordinance. SECTION 5. Severabilit~. 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. R:\LEGAL\OrdinancesXPublic Works & UtilifiesWacation - Naval, I lth & 10th.doc 2 Street Vacation- Alley Naval, Olympic, 11ts Street, l0ts Street EXHIBIT A That portion of the Northeast quarter of the Northwest quarter of the Southwest quarter of Section 14, Township 24 North, Range 1 East, W.M., Kitsap County, Washington, more particularly described as follows: Beginning 30 feet South and 30 feet West of the Northeast corner of said Northeast quarter; thence West along the south margin of 11th Street, 100 feet to the True Point of Beginning; thence leaving said south margin, South 46 feet; thence West 12 feet; thence North 46 feet to said south margin of 11th Street; thence East 12 feet along said south margin to the True Point of Beginning. Alley West of Naval Vacation - Legal Description STREET VACATION REQUEST PORTION OF ALLEY BETWEEN NAVAL AVENUE/OLYMPIC AVENUE AND 11TM STREET/10TM STREET ENGINEERING STAFF REPORT CITY COUNCIL HEARING DATE: February 11, 2004 PREPARED BY: Gunnar Fridriksson SUMMARY A. Applicants: City of Bremerton 3027 Olympus Drive Bremerton, WA 98310 Location: North portion of the alley running north-south between 11th and l0th Streets, lying west of Naval Avenue. BACKGROUND Thc City of Bremerton has initiated thc vacation process to vacate the north portion of the alley running north-south between l0th and 11th Streets, lying west of Naval Avenue. The City seeks this vacation to eliminate an entrance onto a busy urban arterial. This entrance is characterized with limited sight visibility and a close proximity to the Naval Avenue/11 th Street intersection. Vacating the alley and eliminating the entrance will improve visibility and safety. RIGHT OF WAY CONDITIONS · Functional Classification Alley · Existing R-O-W Width 12 feet · Proposed R-O-W Width N/A · Pavement Width 12 feet · Surface Type Asphalt · Curb and Gutter N/A · Sidewalks N/A November 6, 2002 Alley Vacation West of Naval Avenue and South of 11th Street Page 1 of 4 HEARING CONSIDERATIONS BMC 11.20.120 sets forth issues that the City Council needs to determine at the conclusion of the Vacation Hearing. These issues and the staff position are: 1. Whether the street, alley or portion thereof is no longer required for public use and vacation of the described portion will better serve the public good. Staff Position: This portion of the alley is not required for public use. Residents may exit onto 10th Street instead of 11th Street, which is a residential street having much lower traffic volumes. 2. Whether the vacation is consistent with the City Comprehensive Plan. Staff Position: The proposed vacation does not conflict with the Comprehensive Plan. 3. Whether continued use of the proposed vacation as a public way is not of such public benefit as to justify the costs of maintenance. Staff Position: Vacation of the alley would reduce the City's maintenance in this area. 4. Whether substitution of a new and different thoroughfare would be more useful to the public. Staff Position: No other thoroughfare would improve circulation in this area. 5. Whether conditions may so change in the future as to provide a greater public use or need than presently exists. Staff Position: No future use of this portion of right of way is anticipated. 6. Whether objections to the proposed vacation are made by owners of private property abutting the same. Staff Position: No objections have been received from any abutting property owners to date. November 6, 2002 Alley Vacation West of Naval Avenue and South of 11t~ Street Page 2 of 4 SHORELINE ACCESS This portion of right-of-way does not provide shoreline access. UTILITIES All private utility companies have been contacted. An easement for Cascade Gas will be required, along with an easement for City utilities. SUFFICIENCY OF SIGNATURES N/A. This is a City initiated vacation of right-of-way. COMPENSATION N/A STAFF COMMENTS No objections were noted from Police, Fire, Engineering, City Attomey or Community Development staff. Staff recommends that this Street Vacation be approved as requested without modification. November 6, 2002 Alley Vacation West of Naval Avenue and South of 11t~ Street Page 3 of 4 ~[ towards 11' Street. Entrance of alley to 11~ Street, looking west. Note narrow sidewalk, sight obstructions fi.om fences, landscaping, mailboxes, etc.. November 6, 2002 Alley Vacation West of Naval Avenue and South of 1 Ith Street Page 4 of 4 q~ DATE SUBMITTED: January 21, 2004 BILL # 0q - 02 ~ AGENDA BILL CITY OF BREMERTON ~I/ ~ CITY COUNCIL ........... ........ ........ · ............... · ..... .'..... .................... .. SUBJECT. RESOLUTION SURPLUSING Committee Meeting Date: January 27, 2004 AND APPROVING A NEGOTIATED COUNCIL MEETING Date: February 11, 2004 SALE OF PUBLIC UTILITY PROPERTY Department: City Attorney's Office Presenter: Roger A. Lubovich Phone: 2345 SUMMARY: The City has received an offer from Global Investments Ltd. to purchase two City- owned parcels on Oyster Bay Avenue (shown on the attached map). The property is not currently used for public utility service nor will it be required for providing public utility service in the future. The offer to purchase the property is fair market value and the City and greater community would be better served by the sale of the property. Attached is a proposed resolution to surplus the property and approve the sale of the property as a negotiated sale. ATTACHMENTS: 1. Proposed ResolutionA~0. &-q Iq 2. Property Appraisals FISCAL IMPACTS (Include Budgeted Amount): The public utility would receive the sum of $41,000 (less closing costs) from the sale of the property and the pmperty would be returned to the tax rolls. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: MAYOR:FINANCE DIRECTOR: FISCAL/BUDGET: - , :...,..~-..~, - ~5--,~.~ ..... OPERATIONS: ' .-~V- ~5'-'f'~~ ....... CONSENT AGENDA [] RECOMMENDED MOTION: I move to pass Resolution No. v~ q 1~ declaring the public utility property surplus, approving a negotiated sale of the property pursuant to BMC 2.78.030(e) to Global Investments Ltd, approving the earnest money receipt and sale agreement, and authorizing the Mayor to execute any and all documents necessary to close the transaction. COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action q5 RESOLUTION NO. ~)--al Iq A RESOLUTION of the City Council of the City of Bromcrton, Washington, declaring certain public utility property surplus to the City's needs and approving a negotiated sale of the property in accordance with the provisions of RCW 35.94.040 and BMC 2.78.030(e). WHEREAS, the City has received an offer to purchase the public utility property depicted as lots 5 and 7 in Exhibit A and legally described in Exhibit B fi.om Global Investments Ltd, for $41,000, which sum is the fair market value of the property; and WHEREAS, the City Council has determined that the property is surplus to the City's needs and is not required for providing continued public utility service; and WHEREAS, pursuant to RCW 35.94.040, a public heating was held on February 11, 2004 relating to the proposed surplus and negotiated sale of the property; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The public utility property legally described in Exhibit B is hereby declared surplus to the City's needs pursuant to RCW 35.94.040 and is not required for providing continued public utility service. SECTION2. The sale of the above-mentioned property creates a benefit to the City and the greater community and therefore a negotiated sale is hereby authorized pursuant to BMC 2.78.030(e) and. SECTION3. The Mayor is hereby authorized to finalize and execute an Earnest Money Receipt and Sale Agreement with substantially the same terms and conditions as set forth in the proposed agreement attached as Exhibit C authorizing the sale of the property to Global Investments Ltd for $41,000. SECTION 4. The Mayor is further authorized to execute any and all other documents, including but not limited to statutory warranty deeds and real estate excise tax affidavits, necessary to complete the transaction. SECTION 5. Severabilit~. If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. 1 ad Surplus and Sale of Public Utility Property SECTION 6. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. PASSED by the City Council of the City of Bremerton, Washington this __ day of ,2004. DAREN NYGREN, Council President APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attomey PAULA JOHNSTON, Interim City Clerk R:\LEGALhCiles\Current Active Files\Oyster Bay Lots~Suvplus and Negotiated Sale resolution.doc 2 ~ Surplus and Sale of Public Utility Property PACIFIC NORTHWEST TITLE R.O. Box 3~07 Potion of Section a~, Township~ No~h, Range ~st, W.M. L .... ~ x 00~-00~ ,os-oo, L ......... I I h r ........ I~ ~-~--- i I .L. LLJ LEGAL DESCRIPTION Lots 5 and 7, Block 5, Ole Hanson's Navy Yard Addition, according to Plat recorded in Volume 4 of Plats, Page 56, in Kitsap County, Washington. EXHIBIT B EARNEST MONEY RECEIPT AND SALE AGREEMENT This Agreement is hereby made and entered into on the date fully executed below, by and between CITY OF BREMERTON, hereinafter referred to as "Seller" and GLOBAL INVESTMENTS LIMITED, a Washington corporation, hereinafter referred to as "Purchaser". Purchaser shall, within 5 days of the date of this Agreement, deposit the sum of $1,000.00 in escrow with the City of Bremerton. Seller hereby agrees to sell and Purchaser hereby agrees to purchase that certain real property commonly known as Lot 5 and Lot 7 of Block 5 of Ole Hanson's Navy Yard Addition, City of Bremerton, Kitsap County, Washington; tax parcel nos. 4546-005-005-0007 and 4546-005- 007-0005. 1. Purchase Price: The purchase price shall be Forty One Thousand and no/100 Dollars ($4L000.00). 2. Payment of Purchase Price: The total purchase price shall be paid as follows: a. One Thousand and no/100 Dollars ($1,000.00) in the form of earnest money. b. Forty Thousand and no/100 Dollars ($40,000.00) in cash at the time of closing. 3. Contingencies: a. The obligation of the Purchaser to purchase the real property is contingent upon and subject to the following conditions: i. Purchaser to make inspections and investigations concerning the property, including but not limited to a survey, which cost shall be paid solely by the Purchaser. In the event these contingencies cannot be satisfied within 30 days from the date of this Agreement, or approval by the City Council, whichever is later, the Purchaser shall have the right to cancel this Agreement and all earnest money shall be refunded to the Purchaser. Provided, however, that all of these conditions are for the benefit of the Purchaser and may be waived in writing by the Purchaser. b. The obligation of the Seller to sell the real property is contingent upon and subject to the following conditions: i. City Council approval of this agreement within 60 days from the date of this agreement. 4. Cooperation: The Seller shall cooperate with the Purchaser regarding all aspects of this Agreement. 20280-166, ted Page I ~v. ~2-3-03 EXHIBIT C other party which shall not be unreasonably withheld. Each party warrants that it has the authority to enter into this Agreement and said Agreement to be binding on the respective party. 13. Notices: Any and all notices between the parties hereto shall be in writing and shall be sent by certified mail, return receipt requested or personally delivered. 14. Governing Law: This Agreement shall be governed and applied in accordance with the laws of the State of Washington. 15. Jurisdiction and Venne: In the event any lawsuit shall be brought in connection with this Agreement, the parties hereto hereby agree that jurisdiction and venue of such lawsuit shall properly lie in Kitsap County, Washington. 16. Attorney Fees and Court Costs: In the event any lawsuit is instituted in connection with this Agreement, the prevailing party shall be entitled to judgment for its reasonable attorney fees and costs as determined by the court at both the trial and appellate levels. 17. Time: Time is expressly made of the essence of this Agreement. 18. Entire Agreement: This Agreement constitutes the entire understanding of the parties with respect to the property. There are no verbal or other arrangements which modify or affect this Agreement. 19. Titles: The titles used on the paragraphs in this Ag~ement are for information purposes only. 20. Absence of Commissions: Each party represents and warrants to the other party that there are no real estate commissions payable in connection with this transaction. 21. Offer to Purchase: The Purchaser hereby offers to purchase the property on the terms and conditions stated herein. This offer is made subject to the approval of the Seller by midnight of · In the event that the Seller does not accept this offer within the aforementioned time, this transaction shall be null and void and of no force or effect whatsoever. DATED: _~>~'~. ? ~/ , 2003. RCItASER: D Address: /ME.O..>Box-5479 .~-Bfemerton, WA 98312 Phone: ~' (360) 265-0391 20280-166, ted Page 3 Rev. 12-3-03 ~ The Seller hereby agrees to sell the property on the terms specified herein. DATED: ,2003 SELLER: CITY OF BREMERTON By: Cary Bozeman Title: Mayor Address: 239 Fourth Street Bremerton, WA 98337 Phone: (360) 473-5345 R:~LEGAL~Files\Cun'ent Active Files\Oyster Bay Lots~Eamcst Money-final2.doc 20280-166, ted Page 4 Rev. 12-3-03 ~ OD Return Addmas: City Clerk City of Bremerton 239 Fourth Street Bremerton, WA 98337 AUDITOR/RECORDER'S INDEXING FORM Document Title(s): I. Odor £ascrncnt Reference Number(e) of Documents assigned or released: N/A Grantor(s): 1. [] Additional names on page of document. A_ Grentee(s): 1. The City of Bremerton dditiona/n~ames on page of docament. :DSscnp~ ion (abbreviated) [] Additional legal is on page of document. Assessor's Property Tax Parcel/Account Nurnber: Project Name: ODOR EASEMENT (Corporate) THIS INSTRUMENT made this day of ., 200 , by and between (hereinafter "Grantor") and the CITY OF BREMERTON, a Washington municipal corporation of Kitsap County, State of Washington (hereinafter "Grantee"). WITNESSETH that Grantor for and in consideration of mutual benefits derived and/or other valuable consideration, receipt of which is hereby acknowledged by Grantor, do by these presents grant, bargain, sell, convey, and confirm forever unto Grantee, its successors and/or assigns, an odor easement for air emissions from the Wastewater Treatment Plant on or over the following described property situated in Kitsap County, Washington, more particularly described as follows: SEE EXHIBIT .... ATTACHED ODOR EASEMENT (Corporate) - Page 1 of 2 EXHIBIT A ~0~ This easement shall be a covenant running with the land, and shall bind Grantor's successors and assigns and all future owners of the real property affected by this easement. GRANTOR: By: Its: DATE: STATE OF WASHINGTON ) ) SS. COUNTY OF KITSAP ) On this. day of ,200 , before me a Notary Public in and for the State of Washington, personally appeared to me known to be the of , a corporation that executed the foregoing instrument, and acknowledged it to be the free and voluntary act and deed of the corporation, for the uses and purposes mentioned in this instrument, and on oath stated that he/she/they was/were authorized to execute said instrument. -Notary Seal Must ,~4~pear Ifithin This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires APPROVED AS TO FORM: ROGER A. LUBOVICH City Attorney ODOR EASEMENT (Corporate) - Page 2 of 2 EXHIBIT A LAND APPRAISAL REPORT File No. ClTYBREM03- Buil~ Up ~ Ovm 75% [] 25%1o76% Pm~ V~u~ ~ t~r~i~ ~ ~ M~ ~ Unda3M~, ~ 4-6M~. C~ein Pr~e~ ~d Use ~ N~Li~ ~ ~i~ (') ~ T~ ~e(*) ~o~ Comp~bi~ (*)From ~S To CO~ ~onfrom~me~i~nda~m valid indicator of value. ~e five sales produce adiust~ values ~om $3,32 to $ 4.93 p~r square t~t. A rote ~om the ~nt~ or' ~e range is chosen. ~e rate~ ~r square tbot is applied to ~e subject's site area, 4,79I s/'{~ $4.25/SF = $ 20,361 rounded to: l Appraiser(s) R~iew Appraiser (~ ~2K} A-C-E PROFESSIONAL SERVICES ¢~) 692-~81 Form LNg -- "TOTAL for Windows' appraisal s--are, a ,a ~,e, i~ -- 1-8~-(~0E LAND APPRAISAL REPORT IF,e.o, CITYBREMO3-~[_P~ MARKET DATA ANALYSIS ~ ~. C~?'eSREMO~-2 []EM I SUBJECT PROPERW CO~V~PARABLE NO. 4 CO~PARABLE ilO, 5 COMPARABLE NO. Address LOT 5, BLOCK 5 OYSTER BA' 4717 AUTO CENTER WAY 4801 AUTO CENTER WAY BREMERTON BREMERTON BREMERTON Pr(~mitYtoS~blect ~~ I/4MILENO. 1/4MII~NO price PEliSF $ ~]$ 4.69 ~$ 4.43 ~$ Data S~urce PERS INSPECT METROSCAN/ASSESSOR METROSCAN/ASSESSOR Date of sale and DESCRIFT10N DESCRIPTION [+1-~S Adiust DE$CRllrfl0N I+[-I$ Adjust, I)ESCRIPTION I +$-15 Adjust. Time Adjustment NA 12/O3/2002 01/29/2001 Location AVER~OE AVER~.OE ! AVERAGE : : TOPOGRAPHY SLIGHT SLPE SLIOHT SLOPE : SLiOHT SLOPE : : UTILITIES ALL ALL ~ ALL ; OTHER : : Supplemental Addendum FileNo. ClTYBREM03-2 I Prooe~ ^ddre~s LOT 5, BLOCK 5 OYSTER BAY AVE COMMENTS ON MARKET DATA (CONTINUED) THE FIVE SALES PRODUCE A MEAN AVERAGE OF $ 4.60 PER SQUARE FOOT, A MEDIAN RATE OF $ 4,69 AND A MID-RANGE RATE OF $ 4.12 PER SQUARE FOOT. A RATE OF $ 4.25 PER SQUARE FOOT IS CHOSEN FROM THE RANGE. THIS RATE HAS SIGNIFICANT SUPPORT FROM THE UPPER END OF THE RANGE. SALES 3, 4 AND 5 ARE SALES OF LONG NARROW LOTS WITH OLD HOM~S LOCATED ON THEM. THE PARCELS WERE PURCHASED FOR THEIR LAND VALUE ONLY AND TH~ HOMES WILL BE REMOVED WHEN THE SITES ARE DEVELOPED. Form TADD -- 'TOTAL for Windows' appraisal software by a la nmde, inc~ -- 1-800-^LAMODE Location Map Pmlnfy Address LOT 5, BLOCK 5 OYSTER BAY AVE Form MAP.LOC -- "TOTAL for Windows" appraisal software by a la mode, ir~. -- 1-800-ALAMODE LAND APPRAISAL REPORT Locatior~ [] Urban [] Suburban [] Rural Good Avg. Fair P~ BuiEUp [] 0verT$% [] 25%to75% [] Under25% ! Employment Stabiliiy [] [] [] [] Grewto Rate [] Fully Dev. ~ R~d [] Steady [] Skin C~ience to Employment [] ~j [] [] ~oper~y Values [] Increasing [] Stable [] 0eclinlng CeeVenle~ce to Shopping [] [] [] [] ~ema/10/Supp¥ [] Shoilage [] ~n Balance [] 0re,supply Converfie~ce to Schoob [] [] [] [] lifa/keting~me [] Under3Mos. [] 4-6Mos. [] 0vef6Mos. Adngu~cyofPublicTfanslmrlation [] [] [] [] =resent Land Use 50~% 1 Family ~5% 2-4 Family __% Apts. __% Co~do 45% Commercial Recrea~onal Facilities ~ ~ ~ ~ ;hmxJe in Resent Land Use [] Not Likeiy [] Likely (*) [] Taking Place (*) Pmpmly Compa~biliiy [] [] [] [] (*}From R.ES To COlviIvlL Protenttonfrom0etornent~Condttions [] [] ~ ~ Pmdominar~ Occupancy [] 0wA~' [] Tenant % Vacant PoBce taxi Fire Protection [] [] ~ [] SingleFamifyAge 40 yrs. to 80 yrs. RedominarbAge 55 yrs. AppealtoMarbnt [] [] [] ~ Bec. [] SlmofAcce~s [] ~ublic [] Private Size AVOFORNEIOI-IBRI-ID Gas [] Sudane ASPHALT Shape RECTANGULAR Wae~ [] Maintenance [] Rrbic [] Private V'~w LIIvI IV-JkRII'4EYCIT¥ San. Sewer [] [] Storm Sewer [] Curb/Gutter Drainage APPEARS Pd)EQ1JATE Pro,miry to Sub,of ~~ 3 miles NE .50 MILE EAST 0.37 miIcs Sales Pr~e $ NA ~$ 43.000 ~$ lil.000 ~$ 69.500 Price PERSF $ ~$ 6.17 ~$ 6.53 ~'~$ 3.32 Date of Sale and DESCRIFI~0N OESCRIPII0a ] +l- 15 Adiu~. DESCRIRI0fl I+{- 15 Adiust DESCRIPTION I +{- ]$ Adjust. Saks a Financing NA CASH i CASH CASH ; A~pralser(s) Review Appraiser (if a~plicableI LAND APPRAISAL REPORT File No. MARKET DATA ANALYSIS BREMERTON BREMERTON B~R'I'ON ~Sub~ ~?~~ 0.37~1~ 0.40~cs ~ice $ NA ~S 90.~ ~S 85.~0~S ~ce PERSF $ ~$ 4.69 ~8 4.43 ~$ ~ ~ ~ a~ DESCRIP~ON DESCRI~ON I+(-)$ A~ DESCRI~ I+ T~PHY SLIG~ SLPE SLIG~ SLOPE : SLIG~ SLOPE : !File No. CF~REM03-31 Paoe #3! File No,CITYBREM03-3 [ Borrower/eli*at CITY OF BREMERTON Prope~ Address LOT 7, BLOCK 5 OYSTER BAY AVE COIVl]VIENTS ON MARKET DATA (CONTINUED) THE FIVE SALES PRODUCE A MEAN AVERAGE OF $ 4.60 PER SQUARE FOOT, A MEDIAN RATE OF $ 4.69 AND A MlD-RANGE RATE OF $ 4.12 PER SQUARE FOOT. A RATE OF $ 4.25 PER SQUARE FOOT IS CHOSEN FROM THE RANGE. THIS RATE HAS SIGNIFICANT SUPPORT FROM THE UPPER END OF THE RANGE. SALES 3, 4 AND 5 ARE SALES OF LONG NARROW LOTS WITH OLD HOMES LOCATED ON THEM. THE PARCELS WERE PURCHASED FOR THEIR LAND VALUE ONLY AND THE HOMES WILL BE REMOVED WHEN THE SITES ARE DEVELOPED. Form TADD -- "TOTAL for Windows' appraisal software by a ia mode, inc. -- 1-800-ALAMODE I O~ File Ho~r~fBREM03-3 Paue ~Tr Location Map 6o~rower/C~ent CITY OF BREMERTON Property Addr~s LOT 7, BL~K 50YS~R BAY A~ Form MAP LOC--'TOTAL for Windows appraisal sofl~ae by a la mode, inc. -- 1-~60-ALAMODE