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HomeMy WebLinkAbout09/15/99 AGENDACITY COUNCIL AGENDA SEPTEMBER 15, 1999 PRE~OUNCIL SESSION: 5:00 - 5:30 P.M. General Council Business CALL TO ORDER: 5:30 P.M. · Pledge of Allegiance · Invocation CONSENT AGENDA Items listed below have been distributed to Council members in advance for study and will be enacted by one motion. If separate discussion is desired on an item, it may be removed from the Consent Agenda and placed on the Regular Agenda at the request of a Council member. A. Minutes of Meeting - September 8, 1999 #AB99-184 4. CLAIMS/CHECK REGISTERS 5. COUNCIL MEMBER REPORTS 6. MAYOR'S REPORT 7. LEGISLATIVE REPORT 8. PUBLIC RECOGNITION - (Comments Limited to 3 Minutes) NEW BUSINESS A. Professional Services Agreement for Public Defender David Rovang #AB99-185 B. Interlocal Agreement for Electrical Franchise #AB99-186 Negotiations Group C. Interdepartmental Agreement for Irrigation Water #AB99-187 Supply at Gold Mountain Golf Complex D. Award of Contract for Sewage Pump Station CW-2 #AB99-188 1999 Modifications PUBLIC HEARINGS - 6:00 P.M. or later A. Determination of Non-Conforming Use S,)gn Shop at #AB99-189 1533 Shorewood Drive ( Quasi-Judicial)(c..c ,.~ A ~. ~ &[ ~d~y,, ~ B. Special Use Permit Approval for Less Intensive Non- #AB99-190 Conforming Previous Use; Applicant: Paul A. Salvage, Jr. Location: 1502 Thompson Drive (Quasi-Judicial) 11. ADJOURNMENT OF MEETING AGE~TDA BILL Bt~E14~TON C!T~ COUlqC!L MINUTES OF MEETING - SEPTEMBER 8, 1999 FOR AGENDA OF: ORIGINATING DEPT: ORIGINATOR: DATE SUB~TTE_~D: SEPTEMBER 15, 1999 CITY COUNCIL MIKE SHEPHERD, PRESIDENT SEPTEMBER 9. 1999 o (comment on back if necessa-~f) EB-DORSEM~NT ilFFORM~TION__ APPROVED BY COUNCIL PRESTDENT~.,~ F~ITTAL: MAYOR COUNCIL PRESIDENT //~.-F 4. SI/M/~__ARY STATEMENT AND REOUTREMENT FOR COUNCIL ACTION: 8. RECO~NDATZON: RESPONSiBT,r OFFiCiAL: ENFORCES~NT OFFiCiAL: EXPIRATION DATE: P~ViEW DATE: PULLED TABLED COUNCIL DIRECTIVE: !0. NOTICE OF ACTION APPROVED DATE: DISAPPROVED 3AED 11. AGENDA BILL NO: TAPE #1646 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES September 8, 1999 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4"' Street, Bremerton, Washington, Wednesday, September 8, 1999, at 5:30 P.M., with Council President Mike Shepherd presiding. Council members present were Jim Reed, Cados Montgomery, Carol Arends, David Farr, Lon Overson, John Law, Cecil McConnell, and Wayne Olsen. Attorney Glenna Malanca, Deputy Clerk Paula Johnston, and Legislative Assistant Lod Smith were also present. The meeting opened with the Pledge of Allegiance led by Council President Shepherd, and invocation given by Retired Reverend Gordon Hanstad. Council President She_oherd.made the following announcements: (1) City Council held a Study Session prior to the meeting to discuss general Council business; CONSENT AGENDA Ao B. C. D. Minutes of Meeting - August 18, 1999 Minutes of Meeting -- August 25, 1999 Minutes of Monthly Study Session -- September 1, 1999 Puget Sound Energy Electrical Services Upgrade and Installation of 3-Phase Transformer for Wastewater Pump Station CW-2 at Snyder Avenue #0025 Vote on motion: #AB99-176 #-AB99-177 #AB99-178 #AB99-179 M/S/C (McConnell/Montgomery) Motion to approve the Consent Agenda as presented. Motion carded. Approved: Abstained: Olsen, McConnell, Overson, Farr, Arends, Montgomery, Reed, Shepherd Law 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. #0050 M/S/C/U (Montgomery/Arends) On September 8, 1999, the Council does approve for payment those vouchers included and further described as follows: 233986, and 234223 through 234336 in the amount of $394,548.51; and Regular Payroll for the pay period ending August 31, 1999 in the amount of $964,517.94. COUNCIL MEMBER REPORTS Carol Arends reported on the Public Meeting held by the Engineering Department at the Bremerton School Administration Office last night to hear comments from the community on whether there should be improvements to the streets adjacent to the Gateway Project. If any other citizens would like to include their opinion or comments on this matter, please call the City Council at 478-5280 to be connected with either the Engineering Department or the Mayor's Office. Mrs. Arends also enjoyed the Blackberry Festival held over the weekend. TAPE #1646 City Council Reg. Mtg. Minutes September 8, 1999 Page 2 of 5 David Fan' provided a reminder for citizens to be particularly cautious when ddving now that school has started. Lon Overson stated he also attended the Blackberry Festival, which he enjoyed very much. He invited citizens to meet our new Police Chief Robert Forbes at the Distdct #4 meeting to be held tomorrow night, September 9, 1999 at 7:00 P.M. in the Community Room of the Washington Mutual Building at 5th & Pacific. Mayor Lynn Horton will also be in attendance to discuss "Implementation Strategies for Downtown Development. He added the First-Friday Art Walk event is growing in popularity, and seems to be tuming into quite a "major event". He invited citizens to take a look. John Law reported on the first "Manette-Fest" held recently, and thanked the merchants in the area for going out of their way to ensure it was a successful event. He recognized The Cloverleaf Cable Company for the donation and instailation of a dish, with all dedved funds being donated to the Red Cross Disaster Relief program. Lastly, he announced the next Distdct 3 meeting will be held Tuesday, September 21, 1999 at 7:00 P.M. at the Senior Center on 13~ & Nipsic. Citizens will have an opportunity to hear information on the "Manette Plan". Cecil McConnell reported on the District 2 meeting held last Thursday evening, on September 2, 1999. He thanked the Mayor for her presentation on the "Implementation of Downtown Development", and Cris Gears for his discussion on "Future Park Projects". President She_Dherd announced the Evergreen Park Re-Dedication Ceremony would be held this Saturday, September 11, 1999 from 1:00 to 4:00 P.M. to celebrate the completion of Phase ! in revitalizing the park. He reported on his participation in the very well attended Blackberry Fun Run, and noted the entire Cross-Country Team from Bremerton High School also turned out. Lastly, he mentioned the Salmon Derby held in August by the Pogey Club provided the only opportunity for Chinook sport fishing in the State. He explained the event was made possible because the Pogey Club, in conjunction with the City of Bremerton and the Suquamish Tdbe, jointly manage a Chinook fishery in Sinclair Inlet to assist in the Salmon recovery process. MAYORS REPORT Mayor Horton complimented Carol Atkinson and Bremerton Main Street Association for their efforts in planning the very successful Blackberry Festival this year. She announced the "Smile Mobile" would be in the Bremerton area October 20 to November 2 at the Kitsap Community Health Center at 616 6th Street. Dental services will be provided to Iow income children, ages 13 and younger, and do not have access to any other dental care. Theirs will either be no charge, or fees will be based on a sliding scale depending on family income-level. Interested participants may call Jackie Moses for additional information at 1-800-367-4104 ext. 5939 or ext. 6303. Mayor Horton read a proclamation proclaiming September '! through October 3, 1999 as "Washington Water Weeks" in the City of Bremerton. LEGISLATIVE REPORT- There was no report this evening. PUBLIC RECOGNITION Al Colvin and Rev. Tommy Jones of the Martin Luther King Scholarship Foundation, invited citizens to attend the Constitution Day Luncheon to be held Saturday, September 18, 1999, at 1:00 P.M. Members of the Tuskegee Airmen have been invited as honored guests. Please call 479-2588 for information. Roy Mclnnis announced he would have a table set up to recruit new members. TAPE #1646 City Council Reg. Mtg. Minutes September 8, 1999 Page 3 of 5 Tom McDonald voiced his concerns over the improper way tires were disposed of during a recent "recycling" event, and offered his services to the County to assist in proper disposal. Del Knauss stated his views on the Council's replacement of a "regular business meeting" with a "Monthly Study Session" on the first Wednesday of each month. He did not believe the Council President should decide on a meeting-by-meeting basis, whether public comment would be taken. Ruth Natividad objected to the use of the word "implementation" when discussing the Mayor's plans for downtown redevelopment, due to the use of the word during fluodde discussions. Ed RoIIman was concerned about the miscommunication between the City and a local businessman in trying to get a permit to open his restaurant; and also described a recent incident in which a Police Officer was hurt while waiting for back-up assistance to arrive. He used these two examples to remind the Council that they have to be careful when making budget cuts. He complimented the City for the addition of the Blackberry Festival, and also offered compliments to Mike Shepherd and David Farr for answering questions with the press. President She.oherd ctarified that the problems in opening the restaurant had more to do with inspections by the Health Department. Don Atkinson on behalf of Technology '99, announced high tech stage presentations would be held during the Job Fair at the Kitsap Mall September 17, 18, & 19, 1999. 9A - BUDGET ADJUSTMENT NO. 99-8 FOR THE REVENUES AND EXPENDITURES ASSOCIATED WITH THE CITY'S CONTRACT WITH CENTRAl., KITSAP FIRE AND RESCUE[ FOR SERVICES, #AB99-180 Chief Al Duke, Fire Department, reported that on January 1, 1999, the Cit7 of Bremerton and Central Kitsap Fire & Rescue entered into an agreement in which the City of Bremerton would provide first response to specific areas within the Fire District. The budget adjustment is to reflect the revenue received, and the expenditures associated with the execution of the contract. There were no questions or comments from the public. #1205 M/S/C/U (FardMontgomery) Motion to authorize Budget Adjustment No. 99-8. 9B - SR304 TRANSPORTATION IMPROVEMENT PROJECT, ASBESTOS REMOVAL NO. 4, CHANGE ORDER NO. 1, #AB99-181 Lynn Price, SR304 Project Manager, reported the SR304 Transportation Improvement Project (TIP) Asbestos Removal No. 4 contract in the amount of $49,157.42 was previously awarded to Walker Specialty Construction to remove asbestos from 8 buildings. Authorization is requested for the Mayor to execute Change Order No. 1 for $16,135.87 which would remove asbestos at 337 S. Wycoff and 437 S. Cambrian. The City is currently waiting on test results from samples taken at 124 N. Callow Avenue. Once these tests are complete and the amount of asbestos present in the structures has been identified, further asbestos abatement work will be performed under this contract. In order to maintain the project schedule authorization is requested to execute additional change orders up to a maximum of 50% of the original contract amount. This action would authorize the Mayor to execute change orders for a total contract price not to exceed $73,700. Roy Mclnnis asked for clarification in the changes of the contract price. Mr. Price stated that the price reflects the addition of two houses that were not included at the time of the original contract bid. TAPE #1646 City Council Reg. Mtg. Minutes September 8, 1999 Page 4 of 5 Mr. McConnell asked for clarification on the additional $8,500. Mr. Price stated this would give them the ability to have an asbestos survey to assist them in negotiating a price with the contractor. #1550 M/SIC (Arends/Montgomery) Motion to approve Change Order No. 1 for SR304 TIP Asbestos Removal No. 4 Contract in the amount of $16,135.87, and authorize the Mayor to do the same. Vote on motion: Motion carried. In favor: Opposed: Overson, Farr, Arends, Montgomery, Reed, McConnell, Law, Shepherd Olsen #1565 M/SIC (Arends/Montgomery) Motion for Mayor to execute change orders on the SR 304TIP Asbestos Removal No. 4 contract for a total contract amount not to exceed $73,700. Vote on motion: Motion carried. In favor: Opposed: Farr, Arends, Montgomery, Reed, Law, Overson, Shepherd Olsen, McConnell 9C - AGREED ORDER RELATING TO THE REMEDIATION OF THE EVERGREEN PARK EXPANSION PROPERTIES, #AB99-182 Cris Gears, Parks & Recreation Director, reported that based on the findings as outlined in Section ]~T[ of the Agreed Order, the Department of Ecology and the City of Bremerton have agreed on a course of remedial actions regarding the properties that make up the Evergreen Park Expansion Project. The properties include the Brem-Air property, the Lofthus property, and the Puget Sound Energy Property. These actions will form the basis upon which the park improvements will be designed and constructed. The Agreed Order outlines the terms under which the work will be performed. He pointed out the celebration for the completion of Phase ! was happening this Saturday, and this Agreement would be the first step in the beginning of Phase I1. He further explained the remediation efforts described in the Agreed Order would be funded by a grant with the Department of Ecology, and matched by the City, and the total projected cost for the remediation of this project is $2.2 million. The City's portion of funding would come from the Roosevelt Field Trust Fund and the Real Estate Excise Tax; and this project was identified in the 1999 Capital Improvements Plan. Carrie Mandak asked where she could get a copy of the outlines for both Phase ]: and Phase ]~. President Shepherd announced that the State of Washington Department of Ecology is currently taking public comments on this issue on their web page at www.wa., cjo~-\ eco].og-y. He also stated that hard copies of the work plan, with schedules containing details of work to be performed, are available at the Sylvan Way Public Library, and also at the City's Department of Public Works on Olympus Drive. Mr. Farr referred to the additional permit requirements on page 4 of "Attachment D", Item "B" under the section on "Construction", and asked was there any latitude in the statement requiring the City Engineer to supervise sidewalks, curbs, or driveways on public rights-of-way, rather than possibly a personal representative? Gene Sampley, Director of Public Works & Utilities, stated the terminology implies "OR personal representative", and that it is a title function rather than a person function. He suggested no word changes due to the lengthy review already completed by the Attorney General. #1930 M/S/C/U (Montgomery/Olsen) Motion to authorize the Mayor to sign the Agreed Order. TAPE #1646 City Council Reg. Mtg. Minutes September 8, 1999 Page 5 of 5 9D - CONTRACT AWARD FOR UNIFORM RENTAL AND LAUNDRY SERVICES. #AB99-183 Gene Sam.~ley, Public Works & Utilities Director, reported that the Uniform Rental and Laundry Services contract of the Department of Public Works and Utilities expired on June 30, 1999. A Call for Bids was prepared, advertised, and distributed in accordance with City bid procedures. Three (3) were received. The iow bidder is Superior Linen Service, Tacoma, Washington, with an office located in Gorst. This company currently holds the contract with the City and has proven to be responsible, reliable, and cooperative. The Department requests approval of the contract for three (3) years from September 1, 1999 to August 31, 2002. There were no questions or comments by the public. Mr. Reed clarified for the benefit of the public that ho local companies submitted bids. stated that was correct. #2090 M/S/C/U (Montgomery/McConnell) Motion to approve award and authorize the Mayor to execute the contract for a three-year term with Supedor Linen Service for uniform rental and laundry services, subject to the City Administrative Policies and Procedures. With no further business meeting adjourned at 6:40 P.M. MIKE SHEPHERD, Council President City of Bremerton P J/MS/Is C: Normal Distribution File PAULA JOHNSTON, Deputy City Clerk AGENDA BILL BREMERTON CITY COUNCIL SUBJECT: Professional Services Agreement Public Defender David Rovang ORIGINATING DPT. Administrative Srv. OIGINATOR: Kathleen McCluskey ~ 2. C~S: (comment on back / ~] / ~,if nec~W~sarv~ 3. EXHIBITS: Agreement The proposed contract is for a three year period commencing 1/1/2000 through 12/31/2002. The contract amount of $8,555 per month is the same as 1999. Mr. Rovang has provided these services since 1994. The contract history is attached as well as a survey of amounts paid by other cities and district court. 8. RECOMMENDATION: Mcsion to approve Professional Services Agreemen5 for legal representaSicn for indigent persons. RESPONSIBLE OFF!C!AiL: Admin Srvs. ENFORCEMENT OFFICIAL: Admin. Srvs. EXPIRATION DATE: 12/2002 REVIEW DATE: annual PULLED TABLED COUNCIL DIRECTIVE: !0. APPROVED NOTICE OF ACTION DISAPPROVED DATE: 11. CLEARANCE COMMENTS (cont.) : 4. SUMMARY STATEMENT (cont.): 5. IMPACT ON NON-PASSAGE: We will be without a public defender contract on 1/1/2000. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES S8,555 per month included in courn budget. 7. RESEARCH SOURCES: B PROFESSIONAL SERVICES AGREEMENT Legal Representation for Indigent Persons TI~I~ AGREEMENT is between the CITY OF BREMERTON, a municipal corporation (hereinafter referred to as "City"), and W. DAVID ROVANG, Attorney at Law (hereinafter referred to as "Attorney"). WITNESSETH: 1. Scope: Attorney agrees to provide legal representation for indigent persons as assigned by the Bremerton Municipal Court. Legal representation shall include, but not be limited to, appearance and pre-trial discovery procedures, attendance at pre-trial discovery procedures, attendance at pre-trial and motion calendars, chamber conferences, trials, and appeals in Superior Court from Bremerton Municipal Court. For those persons held "in custody" for crimes punishable in Bremerton Municipal Court telephone only representation shall be provided. Not withstanding the requirements above, Attorney shall not be required to accept appointments in which a conflict of interest exists as defined by the Rules of Professional Conduct promulgated by the Supreme Court of the State of Washington. In the case of such conflict which precludes representation of an indigent person by Attorney, Attorney shall notify the Bremerton Municipal Court, by written motion, as to the conflict as soon as possible after appointment. Provided, in those cases where Attorney determines a conflict of interest to exist, they shall not be deemed "assi~maed" cases for the purpose of compensation if the conflict of interest is determined, or could have been determined by due diligence prior to or at the time of the pre-trial hearing. Attorney agrees that he will not accept private practice workloads that interfere with the rendering of quality representation of indigent clients. 2. Term: a. This contract shall cover a period of thirty-six (36) months commencing January 1, 2000 and terminating December 3 l, 2002; and may be extended thereafter upon mutual agreement of the parties. b. Attorney agrees that he will continue to represent indigent clients in cases where he is appointed prior to the end of the term of this Agreement and which carry-over subsequent to the end of this Agreement until such cases are completed, but not beyond one hundred twenty (120) Professional Services - Rovang Page 1 - August 1999 days of termination of this Agreement. Such carry-over cases will be included in final accounting and report provided to the Director of Administrative Services. 3. Compensation: a. City shall pay Attorney a flat fee for indigent representation in the sum of Eight Thousand Five Hundred Fifty-five and No/100 Dollars ($8,555.00) monthly for the period beginning January 1, 2000, through December 31, 2000. The aforementioned compensation is based upon an estimated volume of 78 cases per month. b. Compensation for 2001 and 2002 shall be negotiated by October of the preceding year for increases or decreases in the contract amount. Negotiations should reflect economic indicators such as cost of living factors and increase or decrease in case load of five percent (5%) or more. If case load volume varies significantly from projections on a continuous basis, either party can request that negotiations be reopened in good faith. In the event the parties are unable to agree upon compensation for 2001 and 2002, a mediator shall be appointed to assist the parties in resolving thek disagreements. The mediator shall be a person agreed upon by the parties at the time the dispute arises. Any changes in compensation for 2001 and 2002 shall be based on the following factors: (1) Cost of living factors; (2) Past agreements of the parties for comparable work performed; (3) Comparison to reasonable cost projections by the City of Bremerton for providing these services in house; and (4) Overhead and expense of Attorney in rendering the services, including reasonable profit margin. All payments on this Agreement by the City shall be paid on or before the fifth day of the month following the delivery of service during the life of the Agreement, except in those months when the fifth day of the month is before the first monthly Bremerton City Council meeting. It is understood and agreed that this fee amount includes all expenses and costs incurred by Attorney in any court in which he represents a person appointed to him by the terms of this Agreement, including administrative and support services, except (a) fees and reasonable expenses for filing on appeal; (b) expert witness fees and interpreter fees; and (c) other fees approved by the court on a case by case basis upon motion. 4. Assignments: An assigned case for purposes of case load volume may include multiple counts per defendant including multiple citations so long as they arise out of a single event or transaction and are transmitted under one assignment. If counts are severed upon motion, each severed count(s) shall be counted as a separate assignment. All activity under the case number Professional Services - Rovang Page 2 - August 1999 shall be considered part of the original assignment; e.g. revocation of probation or reappearance atter failure to appear. Attorney shall submit a monthly statement describing the services rendered with a breakdown for work completed as authorized under this Agreement upon the standard form attached to the Agreement as Exhibit "A", and incorporated herein by reference. 5. Facilities: City shall provide Attorney independent confidential office facilities and telephone to be used for client consultations and interviews. Attorney shall also be provided a parldng placard for use in designated spaces to be approved by the Director of Administrative Services. 6. Relationship of Parties: The parties understand and'agree that Attorney is a practitioner skilled in matters pertaining to criminal law services and will perform independent functions and responsibilities in the area of its particular field of expertise. Attorney and its personnel shall act as independent contractors and not employees of the City. As such, Attorney has no authority to bind the City nor control employees of the City, contractors, or other entities. Within the performance of these duties, Attorney shall work under the direction of the Director of Administrative Services. 7. Insurance and Hold Harmless: Prior to and during the performance of the work covered by this Agreement, Attorney shall provide the Risk Manager of the City of Bremerton with evidence that it has obtained and maintains in full force and effect during the term of this Agreement a policy of professional liability insurance and/or errors and omissions insurance providing coverage of at least Three Hundred Thousand and No/100 Dollars ($300,000.00) aggregate against professional liability or errors and omissions in connection with the work to be performed by Attorney under this Agreement. Attorney shall furnish a certificate of insurance to the City for review by the City's Risk Manager. The Risk Manager shall be provided thirty (30) days' written notice of any cancellation of said professional liability insurance. Attorney agrees to defend, indemnify and save harmless the City, its appointed and elected officers and employees, from and against all liability, loss, costs, damage and expense, including costs and attorneys fees in defense thereof because of actions, claims or lawsuits for damages resulting from personal or bodily injury, including death at any time resulting therefrom, sustained or alleged to have been sustained by a person or persons and on account of damage to property, arising or alleged to have arisen directly or indirectly out of or in consequence of or the performance of this Agreement, whether such injuries to persons or damage to property is due to the negligence of Attorney, its subcontractors, agents, successors or assigns. This provision shall be inapplicable to the extent the City is judicially found negligent for such damage or injury. 8. General Conditions: Professional Services - Rovang Page 3 - August 1999 a. Attorney agrees that he will not take on the subsequent representation of any defendant or any other legal representation arising from a case or proceeding for which Attorney has provided services pursuant to this contract. This provision prohibits subsequent representation by Attorney on civil litigation against the City. b. Reports and Information - Attorney, at such times and in such forms as the City may require, shall furnish the City such reasonable periodic reports and documents as it may request pertaining to the work or services undertaken pursuant to this Agreement, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this Agreement. Attorney will maintain accounting records in accordance with generally accepted accounting principles and practices to substantiate all invoiced amounts. e. Assignability - Attorney shall not assign any interest in this Agreement and shall not transfer any interest in same (whether by assignment or novation), without the prior written consent of the City thereto; Provided, however, That claims for payment under this Agreement may be assigned and, Provided, further, That nothing herein shall prohibit Attorney from assigning duties under this Agreement to an employee of Attorney qualified to provide the same. d. Entire Agreement - This Agreement constitutes the entire Agreement between the parties and both parties acknowledge that there are no other agreements, either written or oral, that have not been fully set forth in the text of this Agreement. e. Amendments - The parties hereby agree that this Agreement can not be amended or modified without the written concurrence of both parties. f. Notices - Any notices required to be given by the City to Attorney or by Attorney to the City shall be in writing and delivered to the following parties at the following addresses: Administrative Services Director City of Bremerton 239 4th Street Bremerton, WA 98337 W. David Rovang Attorney at Law 569 Division Street, Suite A Port Orchard, WA 98366 g. Waiver - Failure to insist upon strict compliance with any terms, covenants or conditions of this Agreement shall not be deemed a waiver of such, nor shall any waiver or relinquishment of such right or power at any time be taken to be a waiver of any other breach. h. Compliance with State, Local and Federal Laws - Attorney agrees to comply with applicable local, state and federal laws in performance of all services under this Agreement. 9. Termination: This Agreement may be terminated for cause if either party falls substantially to perform through no fault of the other and does not commence correction within Professional Services - Rovang Page 4 o August 1999 five (5) days of written notice and diligently completes the correction thereafter. Attorney shall continue to provide representation on cases assigned pr/or to the effective date of termination. 10. Nondiscrimination: Attorney shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital stares or disability in employmem or the provision of services. 131 WITNESS WHEREOF the parties hereto have executed this Agreement the date and year indicated. W. DAVID ROVANG Date CITY OF BREMERTON Date LYNN HORTON, Mayor DEPARTMENTAL APPROVAL: KATHLEEN L. McCLUSKEY Administrative Services Director APPROVED AS TO FORM: GLENNA MALANCA, City Attorney RECEIVED FOR FILING: KATHLEEN L. McCLUSKEY, City Clerk Professional Sen, ices - Rovang Page 5 - August 1999 PUBLIC DEFENDER COSTS YEAR CASES ASSIGNED (less withdrawals) ARRAIGNMENTS 1989 764 1990 682 1991 934 1992 1,136 I993 988 1994 1,187 1995 743 1996 685 1997 694 1998 709 1999 828 6O 896 1,400 943 (estimate based upon 6 momhs) ANNUAL $45,000 $50,000 $108,350 $146,576 $138,064 $110,000 $115,000 $ 98,000 $ 98,000 $100,156 $102,660 PER CASE $ 58.90 $ 73.31 $116.00 $129.02 $139.74 $ 92.67 $154.77 $143.07 $141.21 $141.26 $1_~.98 Port Orchard: $2,550 fiat fee per month $53 arraignments $40 appeals to max of $400 Bainbridge: $180 through sentencing $65 special notice $50 late night calls Proposed: $200 through sentencing $75 special notice $65 late night calls. Poulsbo: $2200 flat fee per month Kitsap District: $163 per case $21 arraignmem $81 probation violation $35.75/hr appeals to max of$611 $178/day trial AGENDA BIT.T. BREMERTON CITY COUNCIL 1. SUBJECT: Interlocal Agreement Electric Franchise Negotiations Group 2. CL ~EA~A~_ ~ES..: (comment on back f x~ if e ) Utilities "~i~or' ~,~~ Ope r a t i on~~_. ' ~?~_,~/~ ORIGINATING DPT. Administrative Srv. OIGINATOR: Kathleen McCluskey DATE SUBMITTED: ~ \ ~ [~=%~ 3. EXHIBITS: Agreement ENDORS~E~NT~ ~FO~ON__ APPROVED BY COUNCIL PR~~ MAYOR ~ . COUNCIL PRESIDENT 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The City's franchise with Puget Sound Energy expires 12/31/99. Due to the potential effect of ongoing deregulation efforts, lack of competitive electric rates and concerns regarding reliability of power, the city has joined with a group of cities to engage in investigation jointly. The attached interlocal agreement brings together four cities to investigate issues related to electric power franchises, deregulation, negotiations and possible service alternatives. Each City will contribute $5,000 tc defray the cost of consulting services. 8. RECOMP~NDATION: Motion to approv~ Inserlocal Agreemenn with the cisies of Olympia, Bainbridge -sland, and Port Townsend to invesLigate issues related ~o ] ~-~ e_e~_~ power franchises and connribune up to $5,000 towards consulting costs. RESPONSIBLE OFFICIAL: Admin Srvs. ENFORCEMENT OFFICIAL: Admin. Srvs. EXP!PAT!ON DATE: 9/2001 REVIEW DATE: 9/2001 PULLED TABLED COUNCIL DIRECTIVE: 10. APPROVED NOTICE OF ACTION DISAPPRO%~D DATE: 9B 11. AGENDA BILL NO: 2o CLEARANCE COMMENTS (cont.): 4. SUMMARY STATEMENT (cont.): 5. IMPACT ON NON-PASSAGE: We will proceed with franchise negotiations without consulting assistance or the opportunity to work with other cities on the broader issues. 6. IMPACT ON STAFFING, BUDGETS, FACiLiTIES, EQUIP-U~--NT OR OTHER RESOURCES $5,000 professional services. General ~scellaneous 7. RESEARCH SOURCES: INTERLOCAL AGREEMENT ELECTRIC FRANCHISE NEGOTIATION GROUP WHEREAS, it is in the public interest to assure competitive electric rates and reliability of power supply for the citizens of each municipal signatory to this agreement; WHEREAS, each municipal signatory to this agreement desires to improve electric service and programs including street lights, vegetation management, city government power costs, and reliability of power service; WHEREAS, the electric power franchise of each municipal signatory to this agreement either has already expired or will soon expire; WHEREAS, the electdc utility industry is undergoing substantial rapid and fundamental change as a result of ongoing deregulation efforts by various legislative bodies and regulatory agencies; WHEREAS, it is imperative to create credibility dudng power franchise negotiations through the use of experts; WHEREAS, it would be beneficial for a group of cities to engage in this investigation jointly; and WHEREAS, RCW 39.34 permits governmental entities to enter into interlocal agreements to carry out tasks in this regard, NOW, THEREFORE, it is understood and agreed as follows: The undersigned cities ("Group") hereby enter into this Interlocal Agreement ("Agreement") for the purposes set forth herein. The Group shall meet as often as necessary to investigate issues related to electric power franchises, electric utility deregulation, electric franchise negotiations, and the possibility of service by alternate electric service providers. The Group may engage one or more consultants to carry out its purposes. The Scope of Work for the consultant(s) presently retained by the Group is attached as Exhibit "A" and incorporated by this reference. The City of Port Townsend will act as Lead Agency for this and related purposes. ELECTRIC FRANCHISE NEGOTIATION GROUP INTERLOCAL AGREEMENT Page 1 o o 10. By signature below, each member of the Group agrees upon the financial contribution by each city to costs of this investigation, and specifically to the proportionate costs for the consultant doing the work identified on Exhibit "A,' as specified in the Budget, attached as Exhibit "B" and incorporated by this reference. Any further expenditures by the Group will be agreed upon in advance. Any city may withdraw from the Group at any time upon written notice, provided it becomes current as to any financial contribution previously agreed upon. A new city may become a party to this Agreement by signing a facsimile hereof and agreeing to assume its portion of costs as set out in Exhibit "B,' and agreeing to pay a latecomer's fee as agreed upon by the Group. Each city shall assume liability for and defend, indemnify, and hold harmless the Group and each other city in the Group from and against any claim or suit made against such indemnifying city arising out of its own acts or omissions, in the event of a claim or suit against the Group or a city in the Group arising out of actions taken by or on behalf of the Group, the Group shall jointly defend against such claim or suit and shall agree upon fair and equitable financial contributions therefor. In no event may the Group or any individual city embark on legal action in the name of the Group or take any action purportedly representing the interests of the Group or contractually binding the Group without the approval of all member cities duly obtained in accordance with this Agreement and applicable law or ordinance. Notwithstanding this, the City of Port Townsend is authorized to take reasonable administrative actions consistent with its duties as Lead Agency and inherent in previously authorized activities. In the event any member of the Group takes any action in violation of this paragraph, causing liability for the Group or any member thereof, said party shall indemnify and hold harmless the Group and any member thereof from all claims and damages resulting from this action. This paragraph shall survive the termination of this Agreement. The term of this Agreement shall be two years from the date last signed below, unless earlier terminated by agreement of the member cities or withdrawal of all cities from the Group. This Agreement may be extended for such additional periods as agreed to from time to time. This Agreement will be executed by duly authorized representatives of each party signing individual facsimiles hereof and returning same to the Lead Agency. When all-fi~e member cities have executed this Agreement, it shall go into effect. ELECTRIC FRANCHISE NEGOTIATION GROUP INTERLOCAL AGREEMENT Page 2 DATE: DATE: CITY OF OLYMPIA DATE: CITY OF BREMERTON DATE: CITY OF BAINBRIDGE ISLAND CITY OF PORT TOWNSEND ELECTRIC FRANCHISE NEGOTIATION GROUP INTERLOCAL AGREEMENT Page 3 EXHIBIT A Initial Scope of Work Deregulation At the direction of the Group, monitor proposed legislation and competitive trends in the electric utility industry and report them to the Group as events occur or appear imminent. Work with the members of the Group to represent their interests with respect to the state legislature and state and Federal agencies (including the Bonneville Power Administration and the WUTC). Legal issues related to electric power franchise Review legal issues related to electric power franchise agreements, including the full range of issues and requirements which can be addressed in franchise agreements. Respond to arguments raised by PSE concerning the legal limitations of franchise agreements. As directed by the Franchise Negotiation Group, research the possible legal impediments to pursuing alternate electric service providers, including but not limited to stranded cost issues, condemnation of facilities, and debt financing for newly created public utilities. Legal issues shall first be screened by a Legal Committee composed of the Port. Townsend City Attorney, the Bremerton City Attorney, and the Olympia City Attorney. The Legal Committee shall review potential legal issues and determine whether the Committee will itself provide legal advice to the Franchise Negotiation Group. The Committee shall determine the outside attorney(s) for referral of legal issues. Any outside legal counsel shall provide advice to the Legal Committee as its client, on a confidential basis. The Legal Committee shall specifically describe and confine all issues referred to outside legal counsel, and shall establish a maximum budget for each referral to outside legal counsel. The Committee shall keep the Franchise Negotiation Group advised regarding the issues referred to outside legal counsel, and shall report the project-specific outside legal counsel budget to the Group. Street light systems Assist members of the Group in evaluating options related to street light systems and, if appropriate, negotiating advantageous clauses in their electric power franchises. Consider options such as approaching the WUTC with proposals for new or revised PSE rate schedules. Aggregation potential Discuss and analyze the potential for savings due to municipal aggregation in a competitive environment should deregulation occur. Identify legal, technical, and economic impediments to pursuing this option. Monitor power market trends and ELECTRIC FRANCHISE NEGOTIATION GROUP INTERLOCAL AGREEMENT Page 4 their likely impact on possible savings due to-aggregation. Assist the Group with a proposal to the WUTC for a pilot project on municipal aggregation. Vegetation removal At the direction of the Group, assist members with inserting a clause in their electric power franchises relating to tree trimming/removal and other vegetation issues. This clause should address coordination with the local municipality. Franchise issues: what to include or what not to include At the direction of the Group, review other possible clauses that members of the Group may wish to include in their electric power franchises such as: · Conformance to a future master right-of-way agreement · "Free uses" of utility poles for municipal purposes · Sharing of records, data, and information including a cooperativeJy determined asset sale pdce (if appropriate) · Most favored nation clause, if appropriate · Reimbursement for negotiation expenses ELECTRIC FRANCHISE NEGOTIATION GROUP INTERLOCAL AGREEMENT Page ,5 EXHIBIT B Proposed Initial Project Budget Total Budget City of Bremerton City of Bainbridge Island City of Port Townsend City of Olympia $20,000 $5,OOO $5,OOO $5,OOO $5,000 ELECTRIC FRANCHISE NEGOTIATION GROUP INTERLOCAL AGREEMENT Page 6 22. AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: INTERDEPARTMENTAL AGREEMENT for Irrigation Water Supply at Gold Mountain Golf Complex FOR AGENDA OF: ORIGINATING DEPT: ORIGINATOR: DATE SUBMITTED: SEPTEMBER 15, 1999 Public Works W. Gene Sampley 8/27/99 2. CLEARANCES:Zomment of back if necessary) Parks & Rec. ~~~:~ ~ C~!!y _Attome~.~ ~-_~-~-----T '__-~, t;~y ireasurer ~ - __t~------'--J--v~/~_ l~- _ Fiscal & Budget Comm~-'~~_~ Operations C o m m. ,~~ ~'-'~,~,-~,~--~'..~'~--~ 3. EXHIBITS: Interdepartmental Agreement Supporting Rate Calculations ENDORSEMENTS MAYOR ~~ INFORMATION APPROVED BY COUNCIL PRESIDENT FOR ' COUNCIL PRESIDENT ~ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The present contract for irrigation water service at the City's Gold Mountain Golf Complex expires in December of this year. The proposed agreement has been prepared by staff to replace the expiring contract and to convert the basis of the agreement from a purchase / sale of surplus water to that Of an interruptible water supply contract. The pricing in the agreement is derived from the water utility's most recent rate study and from an analysis of the golf course water storage capacity irrigation requirements. 8. RECOMMENDATION: Motion to approve the Interdepartmental Agreement for Irrigation Water Supply 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: P/W Director Mayor Dec. 31, 2009 Annual PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED DISAPPROVED 11. AMENDE9C AGENDA BILL NO: 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: The departments will continue to perform under the terms and conditions of the current agreement after its expiration date. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: Irrigation water for the golf course will increase in price from $.24/HCF in 1999 to $.35/HCF in 2000. Total impact is expected to be approximately $8,000 per year increase in golf course expenses and water utility revenues. 7. RESEARCH SOURCES: 1993 Bremerton water rate study, staff knowledge of water utility rate-making theory. INTERDEP~~~ AGREEMENT FOR IRRIGATION WATER SUPPLY - GOLD MOUNTAIN GOLF COMPLEX THIS AGREEMENT, made and entered into this day of , by and between the City of Bremerton Water Utility, hereinafter "The Utility", and the City of Bremerton Gold Motmmin Golf Complex, hereinafter "Golf Course" to set forth the terms and conditions of the sale of irrigation water by The Utility to the Golf Course. Scope: Subject to the terms and conditions set forth herein, The Utility agrees to sell and deliver to the Golf Course and the Golf Course agrees to purchase and receive water to be used for irrigating Goff Course property at Gold Mountain_ Term: This agreement shall become effective January 1, 2000 and shall continue for a period of ten years. Interruptible Service: Due to the water storage facilities owned by the Golf Course: and due to the need of The Utility to meet peaking demands on its water system, it is agreed to be in the best interest of both The Utility and the Golf Course that provision of irrigation water pursuant to this agreement is on an interruptible basis. Upon notification by The Utility to the Golf Course, delivery, of irrigation water pursuant to this agreement may be immediately suspended entirely for a period not to exceed fourteen consecutive days. Further, provision of irrigation water may be restricted to some lesser degree for longer periods of time. Such interruptions shall not be of such excessive time or duration as to exceed the capaci~ of the Golf Course to meet its irrigation needs from a combination of current irrigation water deliveries by The Utility and draw-down of Golf Course water storage facilities. Rates: The Utility agrees to charge the Golf Course and the Golf Course agrees to pay The Utility for all irrigation water delivered pursuant to this agreement at the rate of $.35 per hundred cubic feet (HCF). This rote has been computed based upon considerations set forth in the immediately preceding paragraph, detailing the Int.erruptible Service provided to the Golf Course. Golf Course Water Agreement - I The above rote shall be in effect for a period of one year. Be~nning January 1~ 2000 and each calendar year thereafter, the rate will be revised by. the same percentage change as that made to the water rates for commercial customers over the preceding year. Payment: Paymem for irrigation water supplied pursuant to this agreemem shall be made on a bimonthly basis applying the same terms and conditions as provided The Utility's retail customers. Facilities: The Utility agrees to furnish, install and maintain all facilities necessary to provide service at the currently established points of irrigation water delivery. Title to all such facilities shall remain with The Utility. Measurement: Irrigation water provided pursuant to this agreement shall be metered where appropriate by suitable metering equipment of standard manufacture. This equipment shall be installed and maintained by The Utility at its expense. In the evem of failure of metering equipment, The Utility shall estimate the mount of irrigation water delivered for the period of time during such failure. Reporting Requirement: The Utility shall assume responsibility for preparing, maintaining and filing all reports required as a result of providing irrigation water pursuant to this agreement. [N WITNESS WHEREOF the parties hereto have executed this ~agreemem at the date indicated below. DATED this day of .1999. PUBLI, C WOP,~K,S& UTILITIES · EU EI~ S , Director PARKS & RECREATION cal$ds GEARS, Director APPROVED AS TO FORM AND CONTENT: /G"LE'NqTqA~~CA, City Attorney -- Golf Course Water Agreement - 2 8/27/99 15:25 GOLD MOUNTAIN WATER CONTF~CT DAILY WATER CONSUMPTION IN SEASON: CASCADE: TEES & GREENS FAIRWAYS TOTAL OLYMPIC: TEES & GREENS FAIRWAYS TOTAL TOTAL FOR COMPLEX: TEES & GREENS FAIRWAYS TOTAL 102,000 306,000 408,000 115,000 345,000 460,000 217,000 651,000 868,000 TOAL STORAGE CAPACITY OF PONDS: USEABLE PERCENTAGE OF PONDS STORAGE AVAILABLE FOR IRRIGATION: ESTIMATED DAYS OF IRRIGATION FROM STORAGE 19,000,000 75% 14,250,000 16 RETAIL COMMODITY RATE COST COMPONENT COMMODITY CAPACITY CUSTOMER WEIGHTED FOR ACCT. WEIGHTED FOR METER FIRE PROTECTION REVENUE RELATED 5,360,095 PERCENTAGE PERCENTAGE AT RETAIL APPLICABLE 698,767 13% 13% 1,926,346 36% 0 1,279,173 24% 24% 363,569 7% 0 51,298 1% 0 546,538 10% 0 494,405 9% 9% $ 0.75 IRRIGATION COST $ 0.10 $ - $ 0.18 $ - $ - $ - $ 0.07 100% 46% ~ 0.35 AGENDABnJ, BREMERTON CITY COUNCIL SUBJECT: SEWAGE PUMP STATION CW-2 1999 MODIFICATIONS - AWARD OF CONTRACT Directo~ Works/U 'tflities City Attorney City Treasurer -) ,-~-, Purchasing Agent Council Budget & Finance Committee Operations Committee FOR AGENDA OF: ORIGINATING DEPT: ORIGINATOR: DATE SUBMITTED: September 15, 1999 PW&U Engineering Div. September 7, 1999 ExI:ml~s A. Bid Tabulation B. Location Map WILL BE HEA~-D AT ~OMMITTEE 9/14/99 WILL BE HEARD AT COMMITTEE 9/15/99 ENDORSEMENT .X INFORMATION APPROVED BY COUNCIL PRESIDENT~OJLSUBMITTAL: MAYOR ~ '~,'~ ~(.~ COUNCIL PRESIDENT 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Pump Station CW-2 requires modification as part of the City's Anderson Cove CSO Reduction Facility Plan approved by the Departmem of Ecology. These modifications will result in rehabilitation of the pump station to increase its pumping capacity mo,re than 300 percem. Bids for construction of these improvements were opened on September 14, 1999. The Engineer s estimate is $400,000. Atotalof 7J bids were received subrmtted the lowest b~d of $ -~ ~ , ?5,2,. o , and ~a, ct--(Y:~-- Chh-t- submitted the second lowest bid of $ 33 & ~ 1,29, V-7 (All bids include applicable tax). (Continued on Page 2) 8. RECOMMENDATION: The City Council award a contract for $ (including taxes) to the lowest and best bid, for construction of Sewage Pump Station CW-2 and, in the event that does not emer into the contract, award a contract to , the second loweSt bidder, for $ (including taxes) for the same project and authorize the Mayor to execute the same in accordance with City. policies and procedures. 9. RESPONSIBLE OFFICIAL: City Engineer ENFORCEMENT OFFICIAL: N/A EXPIRATION DATE: REVIEW DATE: PULLED TABLED COUNCIL DIRECTIVE 10. NOTICE OF ACTION APPROVED DISAPPROVED 9[3 11. 2. CI,EARANCE COMMENTS: 4. SUMMARY STATEMENT - Continued: The recommended action before the City Council is award of a contract with Sewage l:h~mp Station CW-2, for $ and, in the event that contract, that the City Council award a contract to construction of the same project. for $ for construction of does not enter into the , for 5. IMPACT ON NON-PASSAGE: Completion of the pump station modifications will be delayed beyond the January 31, 1999 deadline mandated by the PSA consent decree. 6. IMPACT ON STAFFING~ BUDGETS, FACII,rrIES, EQUIPMENT OR OTI~R RESOURCES: Staffing: No impact. City staffhave been allocated for the construction administration and inspection. Budget: No impact. This project is included in the 1999 budget Facilities/Equipment: No impact. 7. RESEARCH SOURCES DATE OPENED:. CITY OF BREMERTON BID TABULATION TIME OPENED: RECORDED BY BIDDER , . I REeD i SUMMARY ITEM 1 ITEM 2 ITEM 3 ITEM 4 ITEM 5 TOTAL BID COMMENTS TOTAL "d 4 ¥ ?¥WINZ]O) H~ ~ON H~ ~ON ttJ ~ON 3DN2A V NOI DNIHS V~ ) 3DN3~ V 33073A t IJ ~ION 31)NZIA V I II H()N 7f IN. Z 1. SUBJECT: Public Hearing Determination of Nonconforming Us~ sign shop at 1533 Shorewood Drive. AGENDA BILL BREMERTON CITY COUNCIL ['OR AGENDA OF: 9-15-1999 ORIGINATING DEPT.: DECI~j~ ORIGINATOR: Jon. Holan/~,~ ~ DATE SUB~D. 9-9-99 ~/ 2. CLEARANCES: ,(Connn~lt on back if/~ Comm. Dev. Ci~ A~ome~/ · ~~ E~O~NT~ ~O~ON __ ~PRO~D BY CO~ P~S~ FOR S~~~: 4. S~Y STA~~ ~ ~Q~~ FOR CO~ A~ON: 3. EXltlRITS: CC Resolution # Notice &Public Heating StaffReport with Relevant Altachments On July 14, 1999 City Council held a public hearing to consider the Special Use Permit application of Jonathan Chang to change an existing nonconforming use sign shop to auto repair use at 1533 Shorewood Drive. City Council denied the application. During the hearing, testimony was received which raised concerns whether the sign shop met the legal nonconforming use criteria as defined by BMC 21.02.790 Nonconforming Uses. Subsection (g) Discontinuation of a Nonconforming Use. Based on the situation, a public heating is scheduled to take testimony on this issue. 5. RECOMM]gNDATION: Continue Public Hearing to Septerrber 22, 1999. 6. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: N/A REVIEW DATE: N/A PULLED TABLED COUNCIL DIRECTIVE: 7. NOTICE OF ACTION ~0 A APPROVED ~ DISAPPROVED AMENDED DATE: s. AGEm)A Bn_,L NO.: 9 9. CI,EARANCE COMMENTS: 10. IMPACT OF NON-PASSAGE: 11. IMPACT ON STAFFING, BUDGETS, FACII,1TIES, EQUIPMF~NT OR OTI:IF~R RESOURCES. 12. RESEARCH SOURCES: Zoning Ordinance File MEMO TO: FROM: DATE: City Council Holan, Planning Manager t~' Jon September 9, 1999 SUBJECT: Determination of nonconforming use sign shop at 1533 Shorewood Drive Planning staff requests that City Council cominue the September 15, 1999 scheduled public hearing for the determination of nonconforming use at 1533 Shorewood Drive until September 22, 1999 or thereafter in order that additional information may be gathered regarding the subject use. OFFICE OF CITY ATTORNEY 239 4th Street · Bremerton, Washington 98337 · (360) 478-5345 · FAX (360) 478-5161 · E-mail: legal@ci.bremerton.wa, us MEMORANDUM To: Jon Holan From: Knute Rife Re: Chang property Date: 15 September 1999 In response to yesterday's e-mail and attached staff report, I am providing the following analysis: The City Council is reviewing this matter to determine if a prior, nonconforming use exists on the Chang property. Historically, there has been such a use, namely a sign shop. The issue before the Council is whether that use has been abandoned or otherwise discontinued. The Council is deciding this issue because nowhere in the City Code has this task been delegated to another entity, such as the Planning Commission or DECD The following are the legal guidelines for reviewing the matter. A prior, nonconforming use may be terminated by abandonment. Abandonment consists of two elements: 1) intent to abandon and 2) an act or failure to act demonstrating that intent. The party alleging the abandonment has the burden of proving it. Van Sant vs. Everett, 69 Wn. App. 641,849 P.2d 1276 (Div. I 1993). In the present hearing, the City has the burden of proof. There are three levels of burden of proof: preponderance of the evidence, clear and coavincing evidence, and beyond a reasonable doubt. No case, at least no Washington case, has established the level for this sort of proceeding. The last level is reserved for criminal proceedings and challenges to the constitutionality of legislative acts and so should not apply here. "Preponderance" is the typical level for civil actions, but in actions that trigger procedural due process (that seek to deprive life, liberty, or property) or actions in equity, such as is the case here, "clear and convincing" is the usual level. "Clear and convincing" means that the issue is highly probable. Queen City Farms vs. Central National Insurance, 126 Wn.2d 50, 882 P.2d 703 (1994); Richards vs. Pacific National Bank, 10 Wn. App. 542, 519 P.2d 272 (Div. II 1974). Whether a matter has been proved is up to the trier of fact, in this case the Council. Andrew vs. King County, 21 Wn. App. 566, 586 P.2d 509 (Div. I 1978). Temporary cessation of the use does not by itself constitute abandonment or discontinuance. Andrew. Failure to obtain a business license does not by itself constitute abandonment. Van Sant. Application for the special use permit does not constitute Equal Opportunity Employer Chang Page 2 of 2 abandonment. Summit-Waller Association vs. Pierce County, 77 Wn. App. 384, 895 P.2d 405 (Div. I! 1995). · Local jurisdictions may expand the methods by which prior, nonconforming uses may be terminated. This may include methods that do not involve the owner's intent. Choi vs. City of Fife, 60 Wn. App. 458, 803 P.2d 1330 (Div. II 1991). BMC 21.02.790(g) provides for "discontinuation" of nonconforming uses. "Discontinuation" includes a change of use. To be effective the discontinuation must last at least one year. "Discontinuation" is not defined in the BMC. Pursuant to BMC 21.02.070, undefined terms shall have there normal and customary meanings. Webster's Ninth Collegiate Dictionary defines "discontinue" as "to break the continuity of; cease to operate, administer, use, produce, or take." As in Choi, where the court was interpreting "vacate," whether there has been a "discontinuation" would appear to depend not on the subjective intent of the owner but rather on the objective, observable fact of whether the owner "ceased to use" the property for the required period. The Council therefore needs to determine whether there is clear and convincing evidence of a discontinuation, measured objectively, of the owner's prior, nonconforming use. Knute Rife Assistant City Attorney cc: Council AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Non-Adminstrative Special Use Permit Approval ACTION: Apprvoal of a less intensive non-conforming previous use APPLICANT: Paul A. Salvage. Jr. LOCATION: 1502 Thompson Drive FOR AGENDA OF: September 15, 1999 DEPT. OF ORIGIN: DECD -Land Use ORIGIONATOR: Tricia Dupont DATE SUBMITTED: September 9, 1999 2. CI.F.&RANCES: (Comment on back if necessary.) 3. EXHIBITS: DECD Director: j ~ Dir. Pub. WI~~ ',~ ~ ,- O Planning Commission M_inutes Mtg. of Aug. 17, 1999 ty ey*.~ , _ . .~,~._. O Agenda Item to Planning Commission & Staff Report City Eng~neeAr:. ~/~~7 r-,~. ? ~C~~ ENDORSEMENT~XINFORMATION__ APPRVD / FOR SUBMITTAL 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCII. ACTION: On August 17, 1999 the Planning Commission recommended approval of the special use permit as presented. As a Non-Administrative Special Use Permit is processed as a Type III Application, final approval is made by the Cit7 Council. 5. RECOMMENDATION: Staff is recommending that the Ciw Council move to approve the operation of a [)us sales/storage lot as ~r is less intensive as the previous non-conforming use. '~ RESPONSIBLE OFFICLUL: ENFORCEMENT OFF[CL~L: EXPIILkTION DATE: REVIEW DATE: PULLED T.~d3LED COUNCIL DIRECTIYqS~: 7. NOTICE OF _~l'~l [ ~ ~l~ ACTIO APPRO\TSiD DISAPPR~~NDED 8. AGENDA BILl, NO.: ~{~ ' I~O 9. (~F.A_RANCE COMMENTS 10. IMPACT OF NON-PASSAGE: If the Special Use Permit is denied, the apphcant will be unable to undertake the project as proposed. 11. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPEMNT OR OTHER RESOURCES: Additional staff resources will be required to review final plans and permits. 2. RESEARCH SOURCES: Zoning Ordinance File Site Visits ATTA(~HMENT TO: AGENDA BII J. BREMERTON CITY COUNCIL 1. SUBJECT: Non-Admlnl ~a-ative Special Use Permit _Approval ACTION: .approval of a less intensive previous non-conforming use. APPLICANT: Paul A. Salvage. Jr. LOCATION: 1502 Thompson Drive FOR AGENDA OF: September 15, 1999 DEPT. OF ORIGIN: DECD -Land Use ORIGIONATOR: Tricia Y. Dupont DATE SUBMITTED: September 9, 1999 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL A{TrlON: On June 10, 1996 a Special Use permit was granted to Majestic Tours to operate a tour bus storage lot (an unlisted use) in the 'q3usiness Park" zoning designation at 1502 Thompson Drive. The subject property was eventually re. zoned to "Multi-Family" after application of the Special Use Permit was made. Since the permit had been submitted and was complete, the permit was vested and approval of the tour bus storage lot was granted on September 17, 1996. Majestic Tours had ceased operation at 1502 Thompson Avenue on April 5, 1999. The applicant is requesting a Special Use Permit to operate a new bus sales office/storage yard which is not allowed by the current residential zoning on the propertT, but would like to see the application processed under the provisions of BMC 21.02.790 addressing less intensive non-conforming uses. BMC Section 21.02.790 (d) allows for another nonconforming use to replace an existing nonconforming use bv Special Use Permit, but only when the new use: · Is clearly a reduction in the nonconformity., or intensity, or when the new use is found to be uniquely suited to emsting buildings, structures, · Or other sire improvements which themselves may be legal nonconformities. The Planning Commission on August 17, 1999 recommended approval of the Special Use Permit with one minor change. The days of operat/~n would be _Monday through Saturday from 8:0~ to 6:00pm instead of Monday through Friday 8:00am to 6:00pm. The City Council should either: 1) Approve the staff report as revised; or 2) Remand the matter back to staff for further consideration stating specific reasons; or 3) Deny the Special Use Permit. CITY COUNCIL RESOLUTION NO. ~'-- t I ~D A RESOLUTION APPROVING THE SPECIAL USE PERMIT TO .AI 3,OW A BUS SA~.~S/STORAGE LOT AS A LESS INTENSIVE USE AS THE PREVIOUS TENANT AT 1502 THOMPSON DRIVE, BREMERTON, KITSAP COUNTY, WASHINGTON. WHEREAS, Paul A. Salvage, Jr. d.b.a. Ol,vmpic Bus Sales has applied for a Special Use Permit replace a non-conforming use with a less intensive non-conforming use; and WHERF_a~, the Planning Commission on August 17, 1999 reviewed and recommended approval of the Special Use permit as presented with conditions; and WHEREAS, pursuant to BMC 21.02.790 the proposal meets all criteria noted therein for approval of such Special Use Perrniv, and WHEREAS, the Planning Commission has reviewed this matter on August 17, 1999; and WHEREAS, the Planning Commission recommended to the Council th,at the Special Use Penmit be accepted with conditions of approval; and WHEREAS, an environmental checklist has been prepared and considered by the responsible official and a detemainafion of nonsignificance issued; NOW, THEREFORE BE IT RESOLVED, the City, Council of the City, of Bremerton does hereby find: That there are adequate sen'ices to the site; and That the proposal conforms to the requirements of BMC 21.02.790 and is a less intens,ve use due to reduced hours of operation, traffic and circulation, and noise levels; and That the necessary agency approvals have been obtained: and BE IT FURTHER RESOLVED, that the Citw. Council of the Cirv of Bremerton does hereby approve the Special Use perrmt for operation of a bus sales/stora~ lot as a less intensive use than the previous tenant as presented and conditioned in the staff report. PASSED bv the CiD- Council of the Ciw of Bremerton this ,1999. day of Mike Shepherd, President Bremerron City Council APPROVED this day of ., 1998. ATTEST: LYNN S. HORTON, Mayor City of Bremerton PAULA JOHNSTON, Deputy City Clerk 37- Draft ~finutes for Approval Planning Commission Meeting August 17, 1999 I. Roll Call Those present were: Chairman Dingfield, Commissioner Adams, Commissioner Boyd, Commissioner Griggs, and Commissioner Wolfe. Commissioner Stone was absent. Quorum certified. II. Call to Order The meeting was called to order by Chairman Dingfield at 5:35 p.m. FlI. Approval of Agenda Motion by Commissioner Boyd to approve the agenda with the following change: Public Meeting - Item C.2. - Special Use Permit (PL99-0038) to allow a retaining wall be removed from tonight's agenda. The applicant has requested a continuance. Seconded by Commissioner Griggs. Agenda approved. IV. Public Meeting A. Call to the Public (public comments on any item not on tonight's agenda): None. B. Hearing: None C. Meeting: Request for Special Use Permit and SEPA (PL99-0047) to allow new bus sales in a residential zones (MF) neighborhood located at 1500 Thompson Drive. Applicant: Paul Salvage, Olympic Bus Sales, Milton, Washington. Mr. Jon Flolan, Planning Manager, stated that the applicant has requested a Special Use Permit in order to replace one type of non-conforming use with another in order to develop a bus sales operation at 1500 Thompson Drive. The area is currently zoned for medium density residential. The previous use at this site was a tour operation, which was a previous legal non-conforming use. This SPU is for a non-conforming use ora less intensive use. Based on the analysis the property consists of a lot of approximately 2.4 acres in size, only a portion of that (19,370 square feet) would be used by the bus sales operation. It is also currently occupied by existing industrial Pla,ming Commission Meeting August 17, 1999- Page I of 5 38> Mr. Salvage said that he would primarily be operating his business on Monday through Friday from 9:00 to 5:00. He would occasionally be in on Saturdays to do paperwork. Commissioner Boyd asked if these type of buses were wheelchair accessible. Mr. Salvage responded that his main business is wheelchair accessible paratransit vehicles. His company is the only one on the peninsula that currently sells this type of bus. Commissioner Wolfe asked what type of operations would be going on at this faciliW. Mr. Salvage stated that he would primarily be storing buses, however, if a bus was going to be delivered to a company close to Bremerton, he would probably do the final clean-up at this location. Ninety percent of his business is new buses, which he delivers to the customer. There would not be a great deal of traffic at this location. Commissioner Adams noted that it sounded as if the personal customer contact was very limited. Mr. Salvage said that the majority of his customer contact was on the telephone or fax machine. Chairman Dingfietd asked where the main factory, was located and is this where the buses are delivered from. Mr. Salvage said that the Diamond buses are built in Oswego, Kansas. The StarcraR buses are built in Goshen. Indiana. Call to the Public No one in attendance came forward. Closed to the Public Commissioner Griggs made a motion that the Planning Commission finds that the Special Use Permit meets the requirements of the City of Bremerton and recommends the Special User Permit and SEPA be approved with the modification of Condition #3 to read hours of operation Monday through Saturday 8:00 a.m. to 6:00 p.m. (rather than Monday through Friday 8:00-6:00). The motion was seconded by Commissioner Boyd. Chairman Dingfieid asked for a vote from the Commissioners for the request for Special Use Permit and SEPA (PL99-0047) located at 1500 Thompson Drive. Commissioner Adams, yes; Commissioner Boyd, yes; Commissioner Griggs, yes; Commissioner Wolfe, yes; Chairman Dingfield, yes. Motion passes. Planning Commission Meeting August 17, 1999 - Page 3 of 5 A consultant has been hired from Madrona Plmaning to work on the master plan for the Ciw lands. They held a brief bicycle tour a couple of weeks ago. This work may be incorporated into the comprehensive plan, depending on how specific the plan is and how much flexibility they want. They will have to see how the plan evolves, but there is a possibility of merging the two together. Zoning Text Amendments were taken to the City Council, however, they were not approved. There were some specific issues with regards to having applicants pay for newspaper legal notices, which were approved at the first reading, but were not approved at the second reading. They are in the process of looking for someone to work on the zoning text with funds available until the end of the year. Because of the short timefi-ame, they may have that person focus on working on the text initially, then developing a committee to work with the Commission and possibly City Council members to review what was developed. D. New Business: None. Meeting adjourned at 6:40 p.m. VI. Adjournment Respectfully submitted by: Jon Holan, Secretary Approved by: Joan Dingfield, Chairman Planning Commission Meeting .~Jagust 17, 1999 - Page 5 of 5 AGENDA ITEM BREMERTON PLANNING COMMISISON FOR AGENDA OF: ORIGINATOR: COMMITTEE CHAIR: August 17, 1999 Tricia Dupont Joan Dingfield PUBLIC MEETING STUDY SESSION INFORMATION SUBJECT SpeOal Use Permit Applicanv. Paul A. Salvage dba Olympic Bus Sales, 407 Porter Way, Milton, WA 98354 e SUMMARY STATEMENT & REQUIREMENT FOR COMMISSION ACTION: The issuance of a Non-Administrative Special Use Permit is a Type III decision with review by the Planning Commission and decision by the Ciw Council (Ref. BMC 21.02.905). The Commission reviews and makes recommendation based on the evidence available and testimony presented at the public meeting. 3. ATTACHMENTS · Staff Report · Application & SEPA Checklist · Vicinity Map · Zoning _Map · Site Plan RECOMMENDATION: MODEL MOTION: I move that the Bremerton Planning Commission find that the Special Use Permit meets the requirements of BMC Section 21.02.905 and recommend that the use be approved. CITY OF BREMERTON BREMERTON PLANNING COMMISSION FINDINGS OF FACT, ANALYSIS, AND RECOMMENDATION REGARDING: '. :-' · :. :':-.:~::~:':: ~::;'-: ' SPECIAL~US.E PERMIT .:-Pau[ A, Saivage, iJr.:d~b~a. '.. :.-.- (File#::~9~7) PREPARED BY: Tricia Y. Dupont SUMMARY 1. Applicant: Paul A. Salvage, Jr. d.b.a. Olympic Bus Sales 407 Porter Way Milton, WA 98354 Location: 1502 Thompson Drive Tax Assessor's Lot No.: 142401-2-025-2008 4. Attachments: · SUP Application · Vicinity Map · Zoning Map · Site Plan Comprehensive Plan Map: Medium Density Residential (MDR) Zoning: Residential Medium Density (MF) FINDINGS Property & Development: The property consists of one regular lot measuring 145 feet by 773 feet. The total area of the lot measures 112,085 sqft. (2.48 acres) The area to be occupied by Olympic Bus Sales will be approximately 19,370 square feet of the m total lot. The remaining lot area is currently occupied by existing industrial/commercial uses. There is an existing building which will remain at the site. The lot has street frontage on the south and west boundaries. The west boundary fronts Thompson Drive, while the south boundary fronts 15t~ Street. Access will be made from Thompson Drive. Surrounding Land Uses: Relation to Subject Property North South East West Current Zoning Medium Density Residential Single Family Residential Single Family Residential Medium Density Residential Comprehensive Plan Designation Residential Medium Density Residential Low Density Residential Low Density Residential Medium Density 3. Requested Special Use Pursuant to Section 21.02.790 of the Bremerton Municipal Code (BMC), the applicant is requesting a special use permit to change a nonconforming use of a bus tour storage lot/office to a new bus sales storage lot/office. The applicant states that no painting or mechanical work will be done at this location. The majority of washing will be performed at coin operated facilities and only minor preparation work (washing windows, cleaning dash, floor, etc) will be done. SEPA Determination This project has been issued a Determination of Non-Significance pursuant to WAC 197-11. Background On June 10, 1996 a Special Use Permit was granted to Majestic Tours to operate a tour bus storage lot (an unlisted use) in the "Business Park" zoning designation at 1502 Thompson Drive. The subject property was eventually rezoned to "Multi-Family" after application of the Special Use Permit was made. Since the permit had been submitted and was complete, the permit was vested and approval of the tour bus storage lot was granted on September 17, 1996. Majestic Tours had ceased operation at 1502 Thompson Avenue on April 5, 1999. The applicant is requesting a special use permit to operate a new bus sales office/storage yard which is not allowed by the current residential zoning on the 2 property, but would like to see the application processed under the provisions of BMC 21.02.790 addressing less intensive non-conforming uses. Analysis An existing nonconforming bus tour storage lot/office had been located on the subject property and was allowed through the Special Use Permit process. The use proposed is not allowed in any residential zoning district according to the BMC Figure 140 Land Use Table, but is allowed in general business and general industrial zones. BMC Section 21.02.790 (d) allows for another nonconforming use to replace an existing nonconforming use by Special Use Permit, but only when the new use: · Is clearly a reduction in the nonconformity or intensity, or when the new use is found to be uniquely suited to existing buildings, structures, · Or other site improvements which themselves may be legal nonconformities. As indicated above, a non-conforming use can replace a previous non- conforming use if there is a reduction in the intensity of the use or if there is a uniquely suited building located at the site. Since the building is not uniquely suited for this proposed operation, the issue is whether the proposed new bus sales operation would be less intensive than the prior tour bus use at the site. Use The proposed use as described is primarily intended to be used as an office and outdoor storage/display facility for Olympic Bus Sales. Buses would also be received for delivery as a result of any sales, which would be nationwide from this facility. Minor preparation work such as cleaning the windows, dash, floor boards would also be done at the site. Any major work (mechanical and washing) would be conducted offsite. The use is proposed to operate between the hours of 8 a.m. to 5 p.m. Monday through Friday and will at most have two employees on site at any given time. By comparison, the previous tour bus use had operated 24 hours per day, seven days per week. The total number of employees of the previous use is unknown, but is unlikely that it would be any less than the two employees proposed by the applicant. Traffic & Circulation A bus sales storage area with a small office is anticipated to generate less traffic than the previous bus tour use and will average 2 vehicular (bus) trips per week during those hours. Employee and delivery trips are expected to be minor. The bus tour use had operated 7 days a week and bus traffic could occur 24. hours a day through any part of the surrounding residential area. Olympic Bus Sales is 3 proposing to utilize a route which would lead to the least amount of impact to the surrounding area (15t~ Street to Naval Avenue to 11"' Street). Noise This use will not generate an-amount of noise which is not compatible with the surrounding area. The buses which will be brought and stored at the site are not diesel fueled and no automotive work will be performed at the site. Only minor preparation work will be taking place (washing windows, cleaning dash, floor, etc.) By operating during the hours proposed, the applicant would adequately mitigate any impact to the neighborhood. Based on the above analysis, staff finds that the the proposed use appears to be less intensive than the previous nonconforming use. Development Standards There will be no building construction associated with this special use permit. The existing building will be utilized as an office. A change of use, if applicable, will require the building to conform to current Uniform Codes (building, mechanical, plumbing). Parking The BMC requires that three (3) off-street parking spaces be provided. In addition, parking must comply with UBC Table 11-F for accessible parking spaces and provide one (1) van accessible parking space. Setbacks The MF zoning designation requires a 10 foot setback from Thompson Drive and 15th Street and a five foot setback on the north and east property lines. The site plan as submitted conforms to these requirements. Landscaping The setback areas along Meade Avenue and 9"' Street are required to be landscaped per BMC 21.02.700. Additionally, a minimum of six (6) street trees are required along 15"` Street and a minimum of seven (7) street trees are required along Thompson Drive. Comment Survey: The application was routed to various City Departments for review and comment. Building Departrnen~ Change of use, if applicable, must conform to current Uniform Codes. 4 CRITERIA FOR APPROVAL Bremerton Zoning Ordinance 21.02.905 SPECIAL USE PERMITS, [d] "Criteria for Special Use Permits" states that approval of a Special Use Permit may be granted only if all of the following are true: Is the proposal substantively consistent with the Comprehensive Plan and either designated "SUP" in the Zoninq Ordinance, or is being processed an "Unlisted Use"? YES. This bus sales office and storage facility is being proposed as a use which meets the requirements of BMC 21.02.780 as being a less intensive use as the previous non-conforming use. The previous use as a bus sales office/storage yard with minor preparation work will be less intensive than the previous use as outlined in the analysis portion of the report. The Plan encourages a variety of compatible uses and this use will be a compatible use with the surrounding industrial/commercial area, with a less intensive impact on the surrounding residential neighborhood. Will the proposal be consistent with all applicable development standard-~ and requirements, includin.q the availability of all needed utilities an,~ services? YES. Based on the information contained in the analysis section of this report, the proposal meets all zoning standards for a bus sales office/storage yard with minor preparation work (cleaning windows, dash, floorboards) in the Medium Density Residential (MF) zoning designation. Will the proposal, alon.q with any miti.qation measures or other condition-~ of approval, avoid siqnificant adverse environmental consequences? YES. As per the WAC 197-11, a determination of non-significance has been issued stating no significant adverse environmental consequence will occur as a result of this proposed use. Will the proposal be compatible with adjacent uses and surroundinn neighborhood? YES. Operation of a bus sales office/storage facility would be compatible with adjacent commercial uses. Further, it is not expected to create 5 increased or adverse impact to the surrounding residential neighborhood. Traffic will be less intensive as the previous use at this site. Does the proposal comply with all other criteria or desi.qn .quidelines that are applicable to the specific use or type of development? YES. The proposal complies with all other criteda or design guidelines associated with this type of use. CONCLUSIONS: Based on the above analysis, staff concludes that: The proposed use does appear to be less intense than the previous nonconformity, meets the zoning criteria, and is in the public interest. 2. The proposed use does meet the necessary tests and criteria required for approval of a Special Use Permit. MODEL RECOMMENDATION: Upon review of the findings, the Commission moved to conclude that the request for a Special Use Permit to allow a bus sales office/storage yard with minor preparation work at 1502 Thompson Drive as a replacement nonconforming use of less intensity than a previous nonconformity does meet the necessary tests, and it is therefore recommended, that the application be APPROVED as shown on the attached application and site plan with the following conditions: Street trees must be provided as detailed in the analysis section of this code. A minimum of six (6) trees must be provided along 15th Street, and a minimum of seven (7) trees are required along Thompson Drive. Three (3) off-street parking spaces, which includes one (1) van accessible parking space must be striped and clearly identified at the site prior to occupancy. 3. Hours of operation are limited to 8 a.m. to 6 p.m., Monday through Friday. City of Bremerton Special Use Permit Application ***Please provide 5 copies of Application and site plan*** Special Use Permit - BMC 21.02.905 A Special Use Permit may be approved for a land use that is not specifically listed in the Land Use Tables of Chapt~ V as an "Allowed Principal Use" or an "Accessory Use", and for uses thai are listed as ~SUP" (Special Use Permit required). Instructions Please complete the following application with as much demi] as possible about your proposal and submit it along with the application fee. The applic~ion must be complete before any processing-can occur. Applicant: ~ Addro~s: ! Pl~one Number: Contact Person (if different than applicant): Address: Phone Number: I'.~ older (if different than applicant): iAddress: / Phone Number: I Page I of 3 Revised oll 11,'17/97 8.'30 A~¥1 C."bly Documenu:.Special Use Permit. doc ISite Address (location): 1 Ta~ Assesso'r s P~cei #: p~:cel S~e (prop~ dimensions): L~I D~pt~o~ (~ch ~ sh~ if~~): Zoning Designation: Special Use Requested: l Proposal (please describe in as much detail as possible the nature of the development): Criteria for Approval: Your requested Special Use Permit can be approved only if all of the following criteria can be answered "YES". Is the proposal consistent with the City's Comprehensive Plan and either designated "SUP" in the Zoning Ordinance, or is being processed as an "Unlisted Use"? Will the proposal comply with all applicable development standards and requirements, including the availability of all needed utilities and services? Will the proposal, along with any mitigation measures or other conditions of approval, avoid significant adverse environmental consequences? Will the proposal be compatible with adjacent uses and surrounding neighborhood? Rtn,ised on 1 t/17 97 8:30 Page 2 of 3 C : ~My DocumentstSpec~al Use Permit. doc Does the proposal comply with all other criteria or desitin 8'uidelines that are applicable to the specific use or type of'development~ Please provide below (or on a separate paper) detailed explanations or other information that will assist in the review of'yom' request and that will help show that your proposal meets the above criteria. .... . Applic,~nt's Statement I hereby certify that the statements contained herein are correct, i understand that conditions of approval may be required to adequately prote~ the zone or neighborhood wihin which the subjec~ use is located, and I agree to abide by those conditions t understand that the decision on this appticaUon may be appealed and possibly overturned_ I also understand that an approved Special Use Permit is subject to future review and possibte revocation bv the City Council for any vioiation of'terms or limitations. I understand that approval of this Special Use Permit may be appealed and possibly overturned by the City Council. have read, understand, and agree with all of the above statements. The City of Brcmerton do~s not discriminate on the basis of race, sex, color, religion, national origin, age, or disability in the provision of services, in programs or activities, or employment opportunities and benefits Page 3 of 3 7'97 8:50 . L~, l C: ~ ~ tv Docurnem.~*$pecml {.Se Permit. doc P.4_RT ELEX,'~N-- FOI~,~S Xx'AC 197-11-960 Environmental checkUs:. ~o~oon ¢o h¢io you ~d ~¢ 2g¢nc;.' ifi~m~:- ~ac~ from ':'o~ Woposai (~d ~o r¢ius~ or 2voii M~a~ ir~ac~cn~.for ~ms e=~o~enm! :hec~: ~i~ you :o des~be some 5~ic ~o~ .~wez ~e ~esuo~ bnefi],', '~ ~e ~os: vre:~ ~:on ~o~ or ~_~ ~.suo~ 2._m~_.v ~ c~:~, ~o ~ bess of yo~ ~w~g$. :o ~: -~e aues~om ~om yo~ o~ obs:~'a~o~ or p~j~c: ~i~ ~ous ~'fl:. or ~- z ~e~o~ ~o~s ~0~ ~' ~o vo~ arogos~ ~g "do not ]~o~'" que~o~ uow my avoid ~:2~s~?' d~ys ~:. Some a~e~o~ ~k abou: gov:=~en~ ::~ano~, ~ach ~ zomg, she~:~:. ~ ~k i~si~:c~. o~o~ ff you c~ ~7ou ~ve proN~. ~ gov~:~ ag~:ci:s c~ ~ ~:~ ch~ ~:~am a~pb' :o ~ s~ of yom- ~o~os~ :v:n L~e qr-z,hec~'~:.zbr nonvro~ez: ~rcvozz~' ' N~e ofproposed~zcjezz ~aT?3zz~i~: 7. Do you have z~y pi~ for .4a~'.-.-e aczzuo.'-~, expz.v.s:o.-_ cz fa.-&er az--',-/.':'; related to or k' a Dc you '.~ow whether aoDiications are b-endm_c for ~_ov ,er--_m~nufl am:rob-ab of other -.m.'~ed by your proposal? Myes. e.-cpiam. · ). L'_~: ~?' gove:-'--memt approvmLs or perm~m ttmt wii! be needed for you= proposal : :. Give brief, comolem descTmi~:on of yoLtr proposal, mchl6-.'~g the ~pos¢d ~ ~d ~¢ ~m~ of ~¢ pmj~ ~d ~'.'¢~ ~u¢~o~ ia¢¢r m ~ ch¢~: ~¢ ~ you ~o ~ c~ ~¢cm of va~ Wo~os~ You do hoe TC BE ZD~L_ZTE_-D BY .-XPPL.TCANT -=>,. ','i ROh .'M EN"T.-kL ELEME-N: 'TS Earth Geze?-i desc.~on of the site (]circle onc):~rollL~g, ~v. ste~'~p slopes, mounmino~, o'&.er ...... '~?'_.z: is the ste~est slope on the site (approxLmate percent slope)? ~ ~'~ [Ch. t97-11 'WAC--p. 54] =--v'.-'.LU.-'.iTCN FC, F. .-.',-:=: C. ~-'= WAC (~!15/'98) TO SE COMPLz--Vz-D BY AP?.~ ?C-~\-T EVAZ.'j.-', .'7 C N 7,3 l AGE'N'C':' L'SE ONL': W-zat general .types ofsoi!s are found on ~e site (for =x~mpie, clay, sand. gr-~vek peat muck)? If you .tmow -&e d~sificadon o£ z__~c'ait2.,-zi $oi2. ~eci.,=.,- :hem =._nd =otc az,:' .-'-~= ~-~re surface mdicanoms or iUszor.' o5,'..:2r~b!e soii~ m :he im~.ediate vi-;-;-.o ,2-so. e. Dcs~bc *Lc pm'pose. E?e. a~.d approx-:m~m cn?-~uUcs ofa~y tW.,O,~ or _~o~-~d?'~g propose& L=dica:e sour:e of 2. -' Couid ~osioz~ oczzr ~ a r=s~it of zie~-2g, :o2_ua-uz'Zor_ er ~e? Jfso. gen~y desk. Se. ,///0 Air b..~re :her: a~v off-ate sources of cmzssio2z or odor ~t may a2f:: you.- proposK? k- so. g:neral2y des,'zi.'be. c. P:cooscd measures to reduce or con~o] c:m-msiop_z or other :-mpa,c~ to WAC (4/15/98) SEPA Rules TO BE CO,'v~L~.~ ~ ~ BY S. Water 2. Su:'face: i) is th~, :my s=_ffac, ~vat,r body on or m ~e L~e~e s4c~w of~e sim (~c!u~g ye~-r0~d ~d s~on~ s~e~. sai~vamr. ~es. ~cn~. wedge)? ~' yes, d~be %ve ~d :ro~de n~mes. ~- zp~rop~z~e, sate wha~ sz:~ or ~ver :~ lows ~o. =-v.a. LUATiON FC.R USE ONLY the =roiec: .... air- any work over. ;,' or adizc,=r ~o (wirki= 200 f-er) the waze:'s7 k' yes. ~iezs, describe :md ar'ach a;'~bi, =ia.vz. Ew';~... ~te tee ~--moum of ~ :mci dredge matermi th~ would be piac,d m or removed from ra~.-ac, water or werl.~nd~ and indicate the zr, a of the site fha: wouJ. d be ~dicat= the so=e, offflI NOT W~T~,N Give gen~ /./,,/,4'w o ,~2.W 5', ~oes 7.b., '=roao$=' 4,~vo?,.'e ',-v Jescr:,.-~e '~=--. ~e, ~ ofwasr~ a_nd wow I~ loO-~lz Describe waste .-r~te.--ial ',.hat v/~ be discharged into the ~otmd from s,phc taa2~ or other, so ,~::s, k'axy (for ,xa:2=I,: Domestic s,wag,; mdus~al, comtaizzmg ~e following ch,micals...; agri.'cuirurai; etc.). Des~m%= the g:ne:-ai size of the system. ~e number of such sys~,:r_s, the n~mber of i,.o~,s :o be se.wed (k-applicable), or the =umber of ~-~.mmis or hu.~mz.2s th: system(s) are ,xpec:ed to se.we. ICh. 197-11%VAC--p. 56] WAC SEP.~m. des TO BE CO,'vg°LSTF. D BY ==~ ' -- .~. _.CAN c. Water :-~moff (mclu~g stormwater'l: ! ) Desc:i,'be ~e so,c= of moff (Nc!u~g sto~ water) ~d me,od of co~:~on ~d ~os~. g~y (~ciude ~UU=s, k-[~o~). ~=r= =~ ~ =~ flow? W~ ~ wazer flow into o~er war~? k' so. d:s~D¢. ~V.~.U.-'..T!CN AG-=N'CY USE i. ?:ooos¢d me,utes ¢o reduc¢ or coz:o: ra":.~c--. _~o ,uad_ :md ,--znoff wa:er i~ac-z. ¢. Plants a. Check or circle %.-pes -- d=ciduotm tr:.~: alder, maple, am~ or~:r vegs~cn on ~: si::. ;-'- aav: 5..4.mmals /4/~/t/~' a. Ci~-:!e :my b=~ :md ammaiz wkich have be~ obse.w=d on or near '..he site or ar: !,mow~ to be on or ne~ 0.: sc:e: birds: hawk hero-__ eagle, songbirds, oth~: ..--~,aam~!s: deer. bear. dlc b-.aver. fish: b~s, saLmo= =ou~ he--g, she~k L~: ~y ~ea:ened or en~gered ~¢cies ~o~ to be on or n=~ ~e si~¢. WAC (4/15198) [Ch. 197-11 VeAC--p. 57] 55 SEPA Rules 70 EE CO.N~PL.r.~ BY A. PPLZC.&aN'I' :. ,Is ~e wire pas:. ora mi_m,'a~on route? Lfso. e.~. iam. ---VALL'AT:ON FO R. USE ONT_Y d. ~aposed me~es to s~sc.%'e ar :~ce ~it~. ff any: ~. Ener=~..' and natural resources :. W's.a: l, inds of enerp' (eie:_'2-ic. v~.~v.:_~_! g~, oil, wood ~ove. solar) x~'i! be ~sed to meet -, ~roj,,~: ener~; nee~? Descnfae '.vhe',.her :z ~ be used :ar b. Would your proje= affecz '&.e potenZal uae ofsoiaz energy_, bv adjacen~ proper=es? ~' so. gen~,--relly desc-ff~e. :. ~g-z~zt !~!nds of en~' conser,'anon feamxes ~e inziuded m ,'_he oiav_s of rD_is propose? L~s: o~ orooosed me~es ~o reduce or conmoi ~-er~,' '-moa~. i5 any: - En~irom:nental health cf .=_-e ~d exciasian, sc~. cz '- .... goua was:e, -~--z: co-_id oczur a~ .: r~s':2: of~ Noise '-'ii W'na= D:'pes o£ noise ex. Ls: in .'.he area which may al:Sc: ?'our project ('-'or example: n-affic, equipment, ope=tion, other)? 2) '~:,-,~: v:Tes and levels of noise would be created by or associated ~ith the project on a sEo~-te..--m or a long-term basis (for example: z-affic, couan-uction, operatio:, other)? ~di- cate wkat hours noise would come flora the site. /uow E. [Ch. 197-11 WAC--p. 58] WAC (4/15/98) TO BE CO:'~°LE'F=._D BY .a-~PLIC.~\-i' SEP~Rules 3) i~-~ooosed me~'ares to reduc~ or con:roi no,se ~mpacu, h,-' ~-ny: =--','.-'.LU,-'.T: © N 7-CR .~ G ~---'x' C-:' '_'SE. S. Land and shoreline use z. What is due c,--~m use of ~e sire and adjace.'~: pro?e~es? si, Z c. Descrrlb~ any st'ucmr:s on ~h~ sim d. we21 any s~-'u~r:s be d~moFished? ~-sc, what? I f. ',X~z: is :he zu_--.en: :z..---o.~rehe~:ve cia: dss:z"_.anon of:he , _z- if a~cabie... '.','ha: is -"'_ ....... ........ ' ,_o~; ,-o~: ..... .... --.ms,_'o- :re=.-----.,-:-.. _ dezi~_.2nor._ cf h. Has 2=-y ?m": cf ~'-e sire been :izss--led az ~ "snv'--o-_~.sn:zEv se-._s:zv:" 2r':a? 15 ::. ~ecue, : 77-~,'; ....;',' how _--2n'/?eo:ie would reside or work ::. 'Ae cempi_o:ed pro]:,..:? i..a. pproxi:-nateiy ho'.',' m,~y people would :he co,re, pie:ed projec:? k. P.-coosed :'ne~'~e$ to avoid or r=duce dis'p, ia:=m:nt uz.pacts, ifzw: WAC (4/15/98) [Ch. 197-11 WAC--p. ~9] 70 B E COMPr -~ BY SEPA Rules uses ,'-~,d plazz, iff ~y: Proposed measures m en_m=e the proposal i~ comp. an%ie ~gth exis-dng ~ud prajec:cd land -=-¥'.~.UATiON FOR AGENCY USE A=~roxim~e!v how m~ny umm would be vrovided_ ;" n · .... ~ au). indicate wn¢~r hich. nnd- ~. or low-income housing. ./_. b. Ap:ro-X-:-mzte!v.. . how mzmy m:'ddie, or iow-mcamt c. }h:oposed measures ~o rcduc~ or control hotmmg m~. ac~. ~ any: ! O. A. estheti~ z. ~cccsed mt~es to r~duc~ or con_-c:, a:s~eU: ~-Zaz:z. ~anv: : 1. Light and glare z. vczz: ~... o.'-2~'~,. =_. er =__.~:~-o ,~-m_ '~ ...... ::~osa: ~rod,~=~ v,=~- .... .f_~,-,. '~'o~d :: ~--__ . -- i / :. %-zmt ¢xisUng off-site sources ofiighz or glare rzmy affect youz proposzt? d. ~o~osed measures to reduce or control light and glare tmpacts, ff any: [Ch. 197-11 Vv'AC--p. 60] 5& wAC (4,"15/98) b. Would th: proposed project dis-oiazc znv ~-.xxsrmz recr~zfionz! 'uses? k-so, des~ee. !Z-. t!isroric and culmrat preservation z..~re fa~e any piac~ or objec~ ti~,ed or_ or ~o, osed for, :ratio_ha!, state, or local ;'anon re~_vr, e~ Imov, m to be on or ne~ to the site? h'sc, genem_i!y descrf~e. i. '3,'% ~e proposal rcs'ih.re ~m,: nc,,v roads s~m. nor m:iu~n~ ~dvewax.s? If so, pnva:~. ~D WAC (4/15/98) [Ch. 19%11 WAC--p. 61] SEPA Rules _ TC. ~E CO,'~C~L=~ BY .M:~PMC.~N-r Will ~e project use (or oc='-',- in ~e ;m~ediam vic:'~i~ off v~. rail. or air n-ansoorm- ~027 ~so, gene~lly descrlb~. =-'v'.:~LUATiON FC R USE would oc~. '.f. Public serMces Wouid ihe project result in an mcceased need for public servic.'s (for example: ~ pro- :et:Jar_ police protecuon~ h~th care, schools, oth~)? ~ so, g~-neraity descrf~e. reduce or con,rot direc: ~ac= on oubiic se:vic~-s, if ar, v. ............................................................................................................. :~:~=~.~-~: ......... z/.z..~/~.~..~ ....... ~ .................................................................................................................. [Ch. 197-1I WAC--p. 62] WAC/-~/~ 4/9S~ · -- SEP:~l~ades -- -.~ BE CON~-r- l --~ B, Al. _C_~N-T ,~. c- --~or -Nj_u--N-7, - (do not ~e ~ shoe: for projccz ac:o~) B~ca~e ~:s~ oucsdo~ ~: v=r~. = ..... ...... ~ i: ~v bc h:i:~ to r:ad ~ m conjmncnon zc~ss ~$iy to rss~t ~om ~s 7zopos~ wo~d a: a :~:sz ~:: -~ k'~s propos~ 'xsrs not ~i~cn~sd. ./u:~cm ~;o~. 3: r:ie~e of to~c or ~??do~ subs~c~s: or produ::o~ of no,e? ----v'.a. LL'.-'..'T:C N .=C K AGE>,. 'C':' '-'SE ~"- --' .z~. zposed m"~-zstzr-'s m avoid or reduce such ' 3iow wo'dd '2nc :rov. osai be ~eiy :o~_-ffe:: :L~::. ~. :isi or .--. v--me ~%7 ?TOCOSCd I~--~-~'-S'C.UCS tO '372'.~2; S'CC]'..'CSC'~_'2~S or !O avoid 0~' reduce u--~Oac~ a~: WAC (4,'I 5.:9S) [Ch. 197-11 WAC--p. 63] B-EPA R~es TO 3E CO.~r--u '-T=_D BY .-~PP~C..N'T 5. How would the proposal be l~-'ly :o artec: D. ud and shoreEne we. including ;,vheth:r k would allow or =ncouu'-age land or shoreline uses incom-oazbie ~-ith e.x~Ung pianz? =~,'?~LUA~CN FOR AG=-N'CY USE ONZ¥ .:h:oposed me~.~.~.~.~.~.~.~.~.~es :o avoid or reduc: shoreEn: znd ~=-nd use m~.acm How ='ouid the proposal be iL<.~iy :o m~e~e dc~?,ds on --~--v-~p. ormuon or pubki: set. Utes =-nd u~nes7 Prooosed mc~ur:x ~o reduc: or ~spond :o such d.?.~nd(~) ~re: '. ide=~,', -"* possibie, whether the =rooo~al may co:n~.ic: wSth loc~ sm:c, or 5ed-~al laws or re .=3mr~:n~s 5or :kc pro~:~on o~th= emSronmenu iCh. 197-11%vAC--p. 64] %.-~C (a,'l 5/98) 'Ot2-O0 -04 .02 05 OJ4-OJ OH-O0 012-00 oo~-o, 004 _ 019-00 004-~00. o1.-oo oo~-oo 0 09 177H 000-'00 ( _ 00.7:_0_0. 001-00 · ' I$1W 025 $;,=9 - 7 017 '~.~.o~. 058 i 021 007-00 008-00 017 014-04 013-00 o,o-oo 052 ,, OJJ 012-00 054 ~ 02 ,? 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