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Home My WebLink About10/06/99 AGENDACITY COUNCIL MEETING & MONTHLY STUDY SESSION AGENDA OCTOBER 6, 1999 PRE-COUNCIL SESSION: 5:00 - 5:30 P.M. · General Council Business CALL TO ORDER: 5:30 P.M. · Pledge of Allegiance · Invocation 3. CONSENT AGENDA 4. CLAIMS/CHECK REGISTERS 5. COUNCIL MEMBER REPORTS 6. MAYOR'S REPORT 7. LEGISLATIVE REPORT 8. PUBLIC RECOGNITION -- (Comments Limited to 3 Minutes) 9. ADJOURNMENT OF MEETING STUDY SESSION (Please note that times listed are approximate...) 6:00 - 6:45 P.M. (1) SR303 Corridor (Warren Avenue, Wheaton Way & Waaga Way) Alternative Analysis Study - Nita Jackson, WSDOT and Randy Witt, City Engineer 6:45 - 7:00 (2) Brief Update of Construction Projects - Randy Witt, City Engineer 7:00 - 7:30 (3) Water System Plan Update & Annual Water Quality Report - Kathleen Cahall, Water Resources Manager 7:30 - 8:00 (4) Proposed Long-Term Lease for Elanden Gardens - Dianne Robinson, Owner of Elanden Gardens 8:00 - 8:30 (5) Kitsap Regional Coordinating Council (KRCC) Financial Presentation (Revenue Sources; Responsibilities for Service Provisions; and Relative Budgets for City & County) - Mary McClure, KRCC Interim Director State Route 303 Bremerton to Silverdale Alternatives Analysis Project Overview October, 1999 The State Route (SR) 303 corridor is approximately 9.0 miles long extending from SR 304 (Burwell Street) in Downtown Bremerton to SR 3/SR 303 Kitsap Mall Boulevard interchange in the Silverdale area of Kitsap County. The purpose of the alternatives analysis is to: · Identify existing and future SR 303 deficiencies; · Evaluate and recommend short and long-range transportation improvements; and · Establish a framework to seek legislative action and funding for opportunities or programs meeting analysis objectives. The Washington State Department of Transportation (WSDOT) is managing the analysis, in cooperation with the City ofBremerton, Kitsap County and Kitsap Transit. Both the City of Bremerton and Kitsap County are funding partners. While the principal focus of the analysis is on the SR 303 corridor, the study area boundaries include other arterial roadways in Bremerton and Kitsap County between Silverdale and Bremerton. The proposed analysis area boundaries are SR 3/303 to the north; SR 304 to the south; the Port Orchard Bay to the east; and, SR 3 to the west.. The overall analysis process has been organized into the following four work phases: · Phase 1 - Scope of Work Development and Inter-Agency Coordination to get the project underway. · Phase 2 - Data collection, Existing and Future Deficiencies Identification. Phase 3 - Alternatives Development and Evaluation. Potential improvement alternatives will include the full range of possibilities from relatively low-cost traffic operation improvements to major facility widening or the construction of new transportation corridors. Improvement alternatives could also include pedestrian and bicycle facilities, transit, and high-occupancy vehicle (HOV) modes of travel. These alternatives will be evaluated and narrowed down to 3-5 with a preliminary preferred alternative to be advanced for more detailed evaluation in Phase 4 if warranted. Phase 4 - Environmental Documentation - The improvements, strategies, and programs recommended in Phase 3 will be advanced to more detailed analysis and review as part of an Environmental Impact Statement (EIS) if warranted. The proposed committee structures include a Policy Advisory Committee (PAC) of elected officials from Bremerton, Kitsap County, Kitsap Transit, Silverdale (if incorporation passes) and top-level management staff from WSDOT. The PAC will endorse all major technical assumptions through the process and make the final recommendations. A Technical Committee with staff from the parmers will provide input to the PAC. Finally, a Stakeholders Committee representing interested or affected businesses, organizations, tribes, community groups, environmental resource groups and general public will be formed to provide input and direction to the analysis process and assist with formulating analysis recommendations Regular meetings will be held with the 3 committees throughout the analysis process to provide input and direction. Interested persons are invited to attend any of the proposed committee meetings or may be kept informed through the outreach program below. Other elements of the public involvement and outreach program include: · Public Open Houses/Workshops - A series of public open houses/workshops will be held to solicit broader input into the study process. · Newsletters/Project Brochure - Information will be prepared and mailed to interested and affected business and residents for their information and input. An internet web site will also be created to assist this effort. · Local Jurisdiction/Regional Presentations - Project briefings will be conducted to inform and solicit input from elected officials (such as City Council and County Commission meetings) or other organizations. An 18-month project schedule to complete Phases 1-3 and begin Phase 4 has been developed starting in November and ending in April 2001. The project manager is Nita Jackson from the WSDOT Olympic Region Transportation Planning Office. Parametrix is the lead consultant with John Perlic identified as the consultant team manager. Heidi Stamm of liS Public Affairs will lead all public involvement and outreach activities. For more information contact: Nita Jackson, Project Manager WSDOT Olympic Region P. O. Box 47440 Olympia, WA 98504-7440 Phone: (360) 357-2675 Fax: (360) 357-2601 Intemet: j acksni(~,wsdot.wa.gov Bremerton Water System Plan Update Kathleen Cahall, Water Resources Manager Presentation to City Council October 6, 1999 Why does Bremerton have to do a water system plan? A water system plan is required by the Washington Administrative Code and by the Bremerton Municipal Code. The final plan must be approved by City Council and the Washington State Department of Health. The water system plan is updated every 6 years. What is the purpose of the plan? The purpose of a water system plan is to: Identify present and future needs Set forth the means for addressing those needs Demonstrate that the water system has the operational, technical, managerial, and financial capability to maintain compliance with all relevant regulations What does the plan contain? The elements that are required to be covered in the water system plan are: Description of the water system Service area agreements and policies Basic planning data Water demand forecast System design standards Water quality analysis Water rights analysis Conservation program Supply analysis Source water protection- surface watershed control and wellhead protection Operation and maintenance program Distribution system design and construction Capital improvement program Financial program How does this plan relate to the City's Comprehensive Plan? The water system plan must be in concurrence with the Bremerton Comprehensive Plan. What are the special issues with this 1999 Water System Plan update? Service area Projected increase in commercial/industrial use Source capacity review, including reuse What is the proposed schedule for completion? First draft to Department of Health December, 1999 To City Council for approval July, 2000 Annual Water Quality Report to Customers $ Required by the 1996 Safe Drinking Water Act Amendments First report to customers will be sent in October, 1999. Subsequent annual reports will be sent before July each year thereafter. Navy (contract) 37% City of Bremerton Total System Water Use by Customer Class Five Year Average 1994-1998 City ,, (retail) /' 42% Rocky Pt ~ County (contract)~ Tracyton ~'~ (retail) 2% (contract) 17% 2% City of Bremerton Total System Water Use by Type of Use Five Year Average 1994-1998 Demand Categories Undifferentiated Navy* 37*/. Multi-Fan~ly Residential 11% Irrigation / 5% - Cowrmrc~al I Government 12% Single Farrily Residential 35% 8888888 9~0~ ~0~ $~0~ O~Og PUBLIC WORKS AND UTILITIES ENGINEERING DIVISION MONTHLY STATUS REPORT PRESENTED TO THE CITY COUNCIL ON OCTOBER 6, 1999 RANDY WITT, CITY ENGINEER BTC PROJECT UPDATE RANDY WlTT, CITY ENGINEER PUBLIC WORKS PROJECTS UPDATE JEFF SHEA, SENIOR ENGINEER UTILITY PROJECTS UPDATE TOM KNUCKEY, SENIOR ENGINEER SR304 TRANSPORTATION IMPROVEMENT PROJECT LYNN PRICE, PROJECT MANAGER SPECIAL PROJECTS UPDATE DAN MILLER, PROJECT MANAGER BTC PROJECT MONTHLY UPDATE TO CITY COUNCIL OCTOBER 6, 1999 The passenger only ferry terminals were moved north and connected to the board walk area on the weekend of September 18, 1999. · Work will start on the marina area in October. The first tasks will involve demolition of the First Street Dock and construction of the trestle to the new dock areas. · Uplands work includes roofing of the terminal, installation of the siding material, installation of fire protection and construction of the exit ramp from the bus loading area and transit deck connections to the north half of the project. · Work on Float A (in Tacoma) is on a critical path for the marine work. Concrete work is approximately 70% percent completed. Steel fabrication is initiating. · Work on Float B (in Seattle) is proceeding in non-critical path. Installation of the elevator shaft and structural steel fabrication are on project. City staff continues to work with BTC project managers on traffic management in the construction area. RW:ab Randy Witt, P.E., City Engineer BTC Project/Monthly Update to City Council October 6, 1999 Page 1 PUBLIC WORKS PROJECT UPDATE MONTHLY REPORT AUGUST, 1999 WERNER ROAD CORRIDOR/WEST HILLS COMMERCIAL IMPROVEMENTS · Received $1,025,154 from Countywide TEA 21 funding. · Recent discussions with WSDOT staff indicates that they will allow us to build a pond in their ROW - nothing in writing yet. · The biological assessment Consultant has been directed to assess the project based on not building a detention pond. · Continuing the design work on Werner Road and Rogers Street alignments, and retaining walls which will be necessary when widening the road. · Skillings-Connoly 30% traffic signal design has been reviewed and returned to them with comments. · Warner Engineering at 90% design complete for stormwater improvements on Kean Street Right of Way Acquisition · Appraisals for the ROW acquisition are complete and have been reviewed. · US West- price agreed upon, finalizing the documents · ParaTransit - expect acceptance of offer on Oct 7 (board meeting) · Gartin (CED) - has tentatively agreed to offer, negotiating driveway improvements · Parr- no response · Pierce (Chrysler)- seeking his own appraisal · Harris, Davis, and Stroble (Roto Rooter) - indicate they are seeking own appraisals and legal counsel CALLOW CSO, PRIORITY 3 & 5 · Anticipate formal agreement (contingent on SRF loan approval) with Montgomery Watson for consulting services for the design of project. Received a preliminary offer for SRF loan in the amount of $575K. · Negotiating with DOE on agreement for the SRF loan. BURWELL HILL CLIMB · City crews began demolition work on the project. 1999 CURB CUT PROGRAM · $20,000 allocated for the 1999 program. · Curb cuts in the Olympic College, Bremerton High School area being installed 1999 TRAFFIC CALMING PROGRAM · Received $5000 from additional CDBG Grant funding. · Lyle Drive speed humps are installed · Walnut Street speed humps are marked for installation · Rainier Ave/13t~ to 15~', 2 humps installed, funded by residents · Marion Ave and 6th St., Frances Haddon Morgan center to fund 2 humps Jeff Shea, Senior Engineer 9/23/99 ENGINEERING DIVISION UTILITY PROJECT UPDATE SEPTEMBER 1999 MISCELLANEOUS WATER PROJECTS · Final comments are being incorporated into the plans and specifications for the Quarry Avenue Pump Station. Advertisement is anticipated in the coming weeks. W650 ZONE IMPROVEMENTS · Staff are reviewing the 60% design documents and will provide comments for incorporation into the final design. ANDERSON COVE CSO Construction of the storm sewer on Wycoff north of 21 st Street is anticipated to be completed the week of September 27th. Design of modifications to the overflow structure and associated piping at pump station CW-1, and modifications to the overflow structures No. OF-10, and OF-11 are being finalized, and are anticipated to be complete in the coming weeks. City forces completed separation of a significant number of storm drain connections to the combined sewer at Olympic College. These revisions are anticipated to make a significant reduction to the amount of stormwater flow to pump station CW-4, and likewise significantly reduce overflows at OF-12. PUMP STATION CW-2 UPGRADE The construction contract for the upgrade to CW-2 was awarded to Pease and Sons Construction, Inc., on September 15, 1999. Notice to proceed is scheduled for September 27~. City forces are coordinating installation of a temporary pumping system to be used during the construction. The temporary pumps are schedule to be operational by the first week of October. The new pump station will discharge into the new forcemain constructed as part of the Snyder and Ohio Avenue Sewers project. The new pump station is schedule to be on-line by the end of December. SNYDER AND OHIO AVENUE SEWERS The contract for construction of new forcemains on Snyder Avenue and Ohio Avenue, and a gravity sewer on Ohio Avenue was awarded to DDI Construction, In., on September 22, 1999. Notice to proceed is scheduled for October 4th. Construction of the forcemain on Snyder Avenue will preceed work on Ohio Avenue. It is anticipated that the forcemain on Snyder Avenue will be complete by mid-November, with all work completed by mid- December. CSO REDUCTION PLAN UPDATE The proposed scope of work and budget has been received from the consultant for this project, and is currently being reviewed by staff. Submittal of the project for Council approval is anticipated in the coming weeks. Monthly Utility Project Update -~-- City forces have completed smoke testing of sewers in East Bremerton, and will complete dye testing of East Bremerton in the coming weeks. This information will be used by the Consultant to identify required capital improvements in the basins. Monthly Utility Project Update -2 - SR304 TRANSPORTATION IMPROVEMENT PROJECT Monthly Report September 1999 FUNDING $37,880,000 of funding has been allocated to this project. $8,800,000 in funds are in jeopardy pending the outcome of 1695. $7,800,000 of these funds are from the Department of transportation and were approved by the State Legislature as part of the Referendum 49 funds. The other $1,000,000 would come from the Central Puget Sound Public Transportation account, which is also supported by MVET funds. Loss of these funds will not effect the Gateway Stage Improvements, but would impact the completion of the other stages. The Gateway Stage extends from Porter Street and Cambrian Avenue to Montgomery Avenue and Burwell Street. RIGHT OF WAY ACQUISITION (as of September 23, 1999) · Of the seventy-three properties within the early acquisition area between Porter Street and First Street: · Seventy-one properties have either been acquired or we have "possession and use orders" on the properties. > Documents approving the donation of Naval property for the project are still being processed. > "Possession and use" of the former Unocal property is expected by mid October. · Of the remaining (twelve) partial take properties outside of the early acquisition area, ten properties have been acquired. Possession and Use agreements are still being negotiated with the owners of the 7/11 and Midas Muffler properties. STRUCTURE DISPOSAL · City crews will clean up the properties that are being burned as part of the fire training exercises. · Six houses have been moved by Orca Construction. Two houses remain to be moved. · The contractor for the Asbestos Removal No. 4 contact has completed asbestos abatement on eight structures. Work is continuing on two additional structures. SR304 Transportation Improvement Project Page 1 Seventeen structures remain to be removed within the Gateway Improvement Phase. William Dickson Co. will remove four of the larger structures beginning in October. Two additional structures will be moved under a new building move contract. City crews are scheduled to remove eleven structures in October and November. PUBLIC OUTREACH · No activity this month. ENVIRONMENTAL CLEANUP A contract is being prepared to cleanup minor soil contamination on several properties within the Gateway Improvement Stage. The contract will be advertised for bid in early October. LANDSCAPE COMMITTEE · No new activity. GATEWAY IMPROVEMENTS (Porter Street to Montgomery Avenue) Comments have been returned on the 95% set of plans and specifications to the consultant. The consultant is scheduled to submit the final set of plans and specifications to the City on October 8, 1999. Due to delays in obtaining right-of- way and complying with the Endangered Species Act, this phase of roadway improvements is currently estimated to be advertised for bid in mid November. LP/ab Project File: COMM/PR/3.2 Lynn Price, Project Manager SR304 Transportation Improvement Project Page 2 SR304 TRANSPORTATION IMPROVEMENT PROJECT Monthly Report September 1999 FUNDING $37,880,000 of funding has been allocated to this project. $8,800,000 in funds are in jeopardy pending the outcome of 1695. $7,800,000 of these funds are from the Department of Transportation and were approved by the State Legislature as part of the Referendum 49 funds. The other $1,000,000 would come from the Central Puget Sound Public Transportation account, which is also supported by MVET funds. Loss of these funds will not effect the Gateway Phase Improvements, but would impact the completion of the other stages. The Gateway Phase extends from Porter Street and Cambrian Avenue to the Montgomery Avenue and Burwell Street intersection. RIGHT OF WAY ACQUISITION (as of September 23, 1999) · Of the seventy-three properties within the early acquisition area between Porter Street and First Street: · Seventy-One properties have either been acquired or we have "possession and use orders" on the properties. ~ Documents approving the donation of Naval property for the project are still being processed. ~ "Possession and use" of the former Unocal property is expected by mid October. · Of the remaining (twelve) partial take properties outside of the early acquisition area, ten properties have been acquired. Possession and Use agreements are still being negotiated with the owners of the 7/11 and Midas Muffler properties. STRUCTURE DISPOSAL · City crews will clean up the properties that are being burned as part of the fire training exercises. · Six houses have been moved by Orca Construction. Two houses remain to be moved. · The contractor for the Asbestos Removal No. 4 contact has completed asbestos abatement on eight structures. Work is continuing on two additional structures. SR304 Transportation Improvement Project Page Seventeen structures remain to be removed within the Gateway Improvement Phase. William Dickson Co. will remove four of the larger structures beginning in October. Two additional structures will be moved under a new building move contract. City crews are scheduled to remove eleven structures in October and November. PUBLIC OUTREACH · No activity this month. ENVIRONMENTAL CLEANUP A contract is being prepared to cleanup minor soil contamination on several properties within the Gateway Improvement Stage. The contract will be advertised for bid in early October. LANDSCAPE COMMITTEE · No new activity. GATEWAY IMPROVEMENTS (Porter Street to Montgomery Avenue) Comments have been returned on the 95% set of plans and specifications to the consultant. The consultant is scheduled to submit the final set of plans and specifications to the City on October 8, 1999. Due to delays in obtaining right-of- way and complying with the Endangered Species Act, this phase of roadway improvements is currently estimated to be advertised for bid in mid November. BIOLOGICAL ASSESSMENT · The Biological Assessment (BA) has been approved by USFWS, but a response from NMFS is not anticipated for 6 weeks. LP/ab Project File: COMM/PR/3.2 Lynn Price, Project Manager SR304 Transportation Improvement Project Page 2 PUBLIC WORKS & UTILITIES PROJECT UPDATE SEl~EMBER 1999 EVERGREEN PARK --- PHASE 1 RENOVATION · Project close-out underway. · Presently reviewing As-Built Drawings and Operation & Maintenance Manuals for eventual turnover to Parks & Recreation Department. EVERGREEN PARK---PHASE II REMEDIATION Departmem of Ecology's (DOE) public comment period is underway as to the "Environmental Clean-Up of Park Expansion Site". The DOE public commem period is from September 7a through October 7th. After this commem period, DOE will review all comments and make recommendations towards finalizing the DOE Agreed Order. Acquisition of the Lofihus property is proceeding. The DOE Agreed Order was approved, in principle, by City Council on September 8th. Completed discussions with Parametrix, Inc.'s as to the scope of work, associated costs, and proposed schedule towards finalizing a Professional Service Agreement (PSA); The PSA has been presented to Fiscal & Budget/Investment Committee and Operations Committee and recommended for approval to City Council on Wednesday, September 29th. MANETTE BALLFIELD IMPROVEMENTS · Completed specifications and drawings as of September 8th; Advertised project on Friday, September 10a with Bid Opening scheduled for Monday, October 4th. Bids were opened on Monday, October 4t~. Received four (4) bids, The apparem low bidder is Golf Landscaping of Milton, Washington for the lump sum amount of $103,872.00 including Washington State Sales Tax. An Agenda Bill shall he presemed to City Council within the next 2-weeks as to bid award. 09/99dim Memo To: From: Lod Smith, Legislative Assistant Kathleen McCluskey, Administrative Services Director None September 22, 1999 Elanden Gardens - Diane and Dan Robinson Attached is the packet for the October 6th study session. Please provide a copy to each council member. I will be out of town that day so there will be no staff presentation. This matter is before council at the request of Mr. and Mrs. Robinson. I have asked the Robinson's to contact you if they have any questions pdor to the meeting. Page I Eianden Gardens - Daniel and Diane Robinson October 6, 1999 The owners of Elanden Gardens have requested the opportunity to share the history and future plans for the gardens with the City Council. Request: Mr. and Mrs. Robinson are requesting a long-term lease which would enable them to make commitments for future capital improvements to the site. Garden retail and public bonsai display. Purpose: History: 8/16/91 - 12/31/92 Lease Agreement for feasibility period to determine if site was appropriate for use. Rental amount $100 per month during feasibility period. 1/1/93 - 12/31/96 Amended Lease Agreement for initial four year term. 1/1/97 - 12/31/99 First three year extension 1/1/00 - 12/31/02 Second three year extension Initial rent $300 per month tied to annual CPI increase. Current rent is $346.10 plus leasehold tax of $44.44 totaling $390.54. Recommendation: The Administration has no objection to a long-term lease. If there is general concurrence of the council, staff will present a long-term lease for council consideration at a future council meeting. elandan GAR D E N S Diane Robinson Elandan Gardens. LTD 3050 W. State Hwy. 16 Bremcrton. Washin~on 9R'~ 12 Kalhleen McCluske.v Administrative Serx4ces Dire~or 239 -tm S!rcc! Brcmcrton. Washin_mon 98312 RE: Lease Agreemem Dear Kathleen: Thank you tbr confirming our lease option and lbr the inlbrmation regarding the possible pnrchase of the land we currently lease. _After checking with the family regarding the economic commitment, it was a~eed that it is unlikely we could swing it financmlly. We have just completed our first five years in this bnsiness and despite heartening ~owth we continue to feed the business to continue. It appettrs that it vdll be many years before we see a return on onr investment, let alone the ability to purchase what I suspect will be a f~'tirly e, _xpensive ~iece of land. I would like to be~n the process of developing a long- term lease for the land we occupy with Elandan Gardens. Perhaps a continuation of the terms we have. only for a. much longer _lx'riod. A ten year lease term. with ten options could ~ve Elandan the chance it needs. Butchart Gardens has been a public garden for over 80 ::cars, and only thc past 30 years have been productive financially. Hopcfiflly Elandan Gardens will be as important to Bremerton as Butchan Gardens is to Victoria. BC I greatly appreciate your consideration in this matter, and look forward to working with you on finding the right solution. Sincerely. Diane Robinson 3050 West State HWY 16 Port Orchard, WA 98366 Phone & Fax 360.373.8260 AMENDED LEASE AGREEMENT This Agreement amends the "Lease Agreement" entered into between the City of Bremerton (Lessor) and Daniel Robinson and Diane Robinson executed August 26, 1991. W I T N E S SETH : 1. Paragraph 2 is hereby amended to read as follows: 2. Term. (a) Feasibility. The parties hereto agree to a feasibility period from the date this agreement is fully executed to December 31, 1992. During this time, the Lessees shall have full access to the site to conduct such surveys and tests as it deems necessary to judge the suitability of the site for its intended uses, and shall diligently process necessary land use amendments and development applications. The decision as to acceptability shall be at Lessee's sole discretion. As consideration for extending an option to lease the premises, Lessee shall make available to Lessor any studies, surveys, tests, maps or drawings relating to the parcel %~hich are prepared by the Lessee, whether or not the property is accepted for lease. (b) Lease. The balance of this Lease Agreement shall only become effective upon written notice from Lessee by December 31, 1992, that the site is acceptable. This Lease shall extend for an initial term of four years./ Lessee shall have the option of extending this Lease for two additional three-year terms upon delivering written notice to the City sixty (60) days prior to the expiration of any term. The terms and conditions of this agreement AMENDED LEASE AGREEMENT --1-- Robinson. Lse - 12/3/92 shall be extended for any optional term, including continuity of rental adjustments under paragraph 5 for the first year of any additional term. 2. The remaining terms of the above Agreement not inconsistent with this Amendment shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amended Lease Agreement the date and year indicated. LESSEE DAN I~L'--RO~ I ~. N BY: f'~.._~r~ ~' '~'/?-f~'~',C~-~l~ ~~ DIANE ROBI~ON Date CITY OF BREM~RTON// LOUIS MENTOR, MAYOR ATTEST: KATHLEEN McCLUSKEY, Clerk RAS TO I S, FORM: City Attorney AMENDED LEASE AGREEMENT -2- Rob~nson. Lse- 12/3/92 LEASE AGREEMENT UNIMPROVED PROPERTY Anderson Creek Staging ~rea THIS LEASE AGREEMENT entered into by and between the City of Bremerton, a municigal corporation organized and existing under the laws of the State of Washington, (hereinafter referred to as "Lessor"), and Daniel Robinson and Diane Robinson, husband and wife, (hereinafter referred to as "Lessee") WI TN E S SETH: 1. Premises. Lessor is the legal owner of the following described real property: 7 acre parcel (5.8 acres of uplands) North of SR 16, about three-quarters of a mile east of Gorst as further depicted on the attached map. The Lessor hereby leases to the Lessee and the Lessee hereby leases from the City the property described above, together with all the rights, privileges, easements and appurtenances thereon (hereinafter referred to as "Leased Premises"), f~r the uses and purposes described herein. 2. Term, (a) Feasibility. The parties hereto agree to a feasibility period of ninety (90) days commencing with the date this agreement is fully executed. During this time the Lessee shall have full access to the site to conduct such surveys and tests as it deems necessary to judge the suitability of the site for its intended uses, and shall diligently process necessary land use amendments and development applications. The decision as to acceptability shall be at Lessee's sole discretion. As consideration for extending an option to lease the premises, Lessee shall make available to Lessor any studies, surveys, tests, maps or drawings relating to the parcel which are prepared by the Lessee, whether or not the property is accepted for lease. (b) Lease. The balance of this Lease Agreement shall only become effective upon written notice from Lessee within ninety (90) days of this agreement that the site is acceptable; however this LEASE AGREEMENT -1- period shall be extended by the time necessary to process applications for shoreline, zoning, or permit approvals neccessary for the intended use not to exceed an addition ninety (90) days. This lease shall extend for an initial term of four years. Lessee shall have the option of extending this lease for two additional three year terms upon delivering written notice to the City sixty (60) days prior to the expiration of any term. The terms and conditions of this agreement shall be extended for any optional term, including continuity of rental adjustments under paragraph 5 for the first year of any additional term. 3. Purposes. The Leased Premises shall be used for a retail garden center. The premises shall not be used for illegal purposes. It is agreed that this lease shall not be construed as the City's waiver of land use or building code provisions that would otherwise apply to any improvements or uses of the site. 4. Acceptance of Property. Lessor agrees to lease the property to Lessee subject to the terms of this agreement and Lessee agrees to accept the property in the condition that exists on the date of the execution of this agreement, except as otherwise specified herein. 5. Rent. Upon acceptance of the property for lease, Lessee shall pay One Hundred Dollars ($100.00) per month for ten (10) months or until the intended use is open for business, whichever is sooner. Thereafter, rent shall increase to Three Hundred Dollars ($300.00) per month. Rent shall be adjusted on the anniversary date of this agreement based on the percentage change in the Consumer Price Index (Ail Urban Consumer's, U.S. City Average) but not to exceed four percent (4%). Lessee shall pay the current applicable state leasehold excise tax in addition to rent. 6. Utilities, Insurance, and Taxes. This agreement is a net lease. Lessee is required to pay any applicable taxes, assessments, insurance premiums, maintenance and other costs associated with its improvements placed on the property. Lessee also agrees to pay all charges for heat, electricity, garbage, LEASE AGREEMENT -2- water, sewer, and for all other public utilities or services which shall be used in or charged against the leased premises during the full term of this lease. 7. Accidents. All personal property on said Leased Premises shall be at the risk of Lessee. Lessor, or Lessor's agent shall not be liable for theft, or any damage, either to person or property, sustained by Lessee or others, caused by any defects now in said premises or any service facilities, or hereafter occurring therein. Lessee agrees to defend and hold Lessor and Lessor's agent harmless from any and all claims for damages suffered or alleged to be suffered in or about the Leased Premises by any person, firm or corporation and from any expenses incurred by Lessor in respect to any such claim, except as occasioned by the neglect of Lessor, or Lessor's agent or employees. 8. Liens and Insolvency. Lessee shall keep the Leased Premises and the property in which the Leased Premises are situate, free from any liens arising out of any work performed, materials furnished or obligations incurred by Lessee. In the event Lessee becomes insolvent, voluntarily or involuntarily bankrupt, or if a receiver, assignee or other liquidating officer is appointed for the business of the Lessee, the Lessor may cancel this Lease at Lessor's option. 9. Assignment. Lessee shall not assign this Lease or any part thereof and shall not let or sublet the whole or any portion of the premises without the written consent of Lessor or Lessor's agent, which consent shall not be unreasonably withheld. This Lease shall not be assignable by operation of law. If Lessee is a corporation, then any transfer of this Lease from Lessee by merger, consolidation or liquidation and any change in the ownership of, or power to vote, the majority of its outstanding voting stock shall constitute as assignment for the purposes of this paragraph. If consent is once given by the Lessor to the assignment of this Lease, or any interest therein, Lessor shall not be barred from afterwards refusing to consent to any further assignment. LEASE AGREEMENT -3- 10. Hazardous Substances - Indemnity. (a) Except as limited by (b) below, Lessor shall indemnify and hold harmless Lessee from and against any and all claims, demands, damages, losses, liens, liabilities, penalties, fines, lawsuits, and costs and expenses of which accrue to or are incurred by Lessee directly or indirectly, from or out of, the discovery or cleanup of hazardous substances on the property which pre-exist this lease. (b) Upon discovery of any hazardous substance on the premises, Lessee shall promptly notify Lessor. Lessor shall have the option to terminate this lease upon thirty (30) days written notice to Lessee, if cleanup of a hazardous substances from the site can be avoided by nonuse of the premises, or if cleanup would interfere with Lessee's use of the premises so as to incur additional cost under subparagraph (a). (c) Lessee shall indemnify and hold harmless the Lessor from and against any and all claims, demands, damages, losses, liens, liabilities, penalties, fines, lawsuits, and costs and expenses which accrue to or are incurred by Lessor which arise directly or indirectly from the discovery or cleanup of hazardous substances from the premises which are deposited on the property during the term of this lease. (d) Hazardous substance, shall mean any waste or material defined or designated as hazardous, toxic or dangerous by any federal, state or local statute, regulation or ordinance presently in effect or adopted during the term of this lease. 11. Inspection. The City retains the right to enter onto the property at any reasonable time to inspect the property. 12. Notices. All notices to be given by the parties hereto shall be in writing and may either be served personally or may be deposited in the United States Mail, postage prepaid, by either LEASE AGREEMENT -4- registered mail or by regular mail with certificate of mailing obtained; addressed to: Bremerton City Clerk 239 Fourth Street Bremerton, WA. 98310 13. Governmental Daniel and Diane Robinson 4394 Panther Lake Road West Bremerton, WA. 98312 Fees. Ail fees, taxes, and other governmental charges payable to the City, County, or State during the life of this Lease shall be paid by Lessee, in connection with the use in or about the Leased Premises by Lessee. 14. Lease Improvements. Lessee shall be responsible for alterations, additions, or improvements to the premises and shall first obtain the consent of the Superintendent of Utilities for the City of Bremerton in writing, and all alterations, additions and improvements which shall be made shall be at the sole cost and expense of Lessee. Ail improvements shall be removed from the premises at the termination of the lease, unless accepted by the Superintendent of Utilities as part of the premises surrendered, and the property restored to its pre-lease condition, except for vegetation removed. If the Lessee shall perform work with the consent of the Lessor, as aforesaid, Lessee agrees to comply with all laws, ordinances, rules, and regulations of the City of Bremerton in which said premises are located, and any other authorized public authority. The Lessee further agrees to save the Lessor free and harmless from damages, loss, or expense arising out of said work. 15. Breach. (a) Default and Entry. If any rents above reserved, or any part thereof, shall be and remain unpaid when the same shall become due, or if Lessee shall violate or default in any of the covenants and agreements herein contained, then the Lessor may cancel this Lease upon giving the notice required by law, and re-enter said premises, but notwithstanding such re-entry by the Lessor, the liability of the Lessee for the rent provided for therein shall not be extinguished for the balance of the term of this Lease and Lessee covenants and agrees to make good to the Lessor any LEASE AGREEMENT -5- deficiency arising from a re-entry and re-letting of the premises at a lesser rental than herein agreed. The Lessee shall pay such deficiency each month as the amount thereof is ascertained by the Lessor. (b) Removal of Property. In the event of any entry in, or taking possession of, the Leased Premises as aforesaid, the Lessor shall have the right, but not the obligation to remove from the Leased Premises all personal property located therein, and may store the same in any place selected by Lessor, including, but not limited to, a public warehouse, at the expense and risk of the owners thereof, with the right to sell such stored property, without notice to Lessee, after it has been stored for a period of thirty (30) days or more, the proceeds of such sale to be applied first to the cost of such sale, second to the payment of any other sums of money which may then be due from Lessee to Lessor under any of the terms hereof, the balance if any to be paid Lessee. Lessee hereby waives all claims for damages that may be caused by Lessor's re-entering and taking possession of the premises or removing and storing the property of Lessee as provided in this Lease, and will save Lessor harmless from loss, costs or damages occasioned by Lessor thereby, and no such re-entry shall be considered or construed to be a forcible entry. (c) Non-Waiver of Breach. The failure of the Lessor to insist upon strict performance of any of the covenants and agreements of this Lease, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such or any other covenants or agreements, but the same shall be and remain in full force and effect. (d) Costs and Attorney Fees. If by reason of any default on the part of Lessee it becomes necessary for the Lessor to employ an attorney or in case Lessor shall bring suit to recover any rent due hereunder, or to recover possession of the Leased Premises, or if Lessee shall bring any action for any relief against Lessor, declaratory or otherwise, arising out of this Lease, the prevailing LEASE AGREEMENT -6- party shall have and recover against the other party in addition to the cost allowed by law, such sum as the court may adjudge to be a reasonable attorney fee. ~$. ~eirs and Successors. Subject to the provisions hereof pertaining to assignment and subletting, the covenants and agreements of this Lease shall be binding upon the heirs, legal representatives, successors, and assigns of any or all of the parties hereto. ~7. mold ~armless. Lessee shall indemnify and hold harmless Lessor against and from any and all claims arising from Lessee's use of the premises or from the conduct of its business or from any activity, work, or other things done, permitted or suffered by the Lessee in or about the premises. Lessee upon notice from Lessor shall defend any such claim at Lessee's expense by counsel reasonably satisfactory to Lessor. Lessee, as a material part of the consideration to Lessor, hereby assumes all risk of damage to property or injury to persons, in, upon or about the premises, from any cause other than Lessor's negligence, and Lessee hereby waives all claims in respect thereof against Lessor. ~8. Subrogation. As long as their respective insurers so permit, Lessor and Lessee hereby mutually waive their respective rights of recovery against each other for any loss insured by fire, extended coverage, and the property insurance policies existing for the benefit of the respective parties. Each party shall apply to their insurers to obtain said waivers. Each party shall obtain special endorsements, if required by their insurer to evidence compliance with the aforementioned waiver. ~9. Liability Insurance. Lessee, shall, at Lessee's expense, obtain and keep in force during the term of this Lease a policy of comprehensive public liability insurance insuring Lessor and Lessee against any liability arising out of the ownership, use, occupancy or maintenance of the premises and all areas appurtenant thereto. Such insurance shall be in the amount of not less than Five Hundred Thousand Dollars ($500,000.00) for injury or death for one person in any one accident or occurrence. The limit of any such insurance LEASE AGREEMENT -7- shall not, however, limit the liability of the Lessee hereunder. Lessee may provide this insurance under a blanket policy, provided that said insurance shall have a Lessor's protective liability endorsement attached thereto. Lessee shall deliver to Lessor, prior to right of entry, copies of policies of liability insurance required herein or certificates evidencing the existence and amounts of such insurance with loss payable clause satisfactory to Lessor. No policy shall be cancelable or subject to reduction of coverage. IN WITNESS WHEREOF, the parties hereto have executed this Lease the day and year below written. LESSEE: .'_ /,, o~'Z_.~ .._ ~)_-~ DAN~ES--~OB~N~ON DIANE ROBINSO~N ~- ' LESSOR: LOOIS MENTOR, ~yor ATTEST: KATHLEEN McCLUSKEY, Cler~ APPROVED AS TO FORM: IAN R. SIEVERS City Attorney LEASE AGREEMENT -8- STATE OF WASHINGTON ) : ss. COUNTY OF KITSAP ) On this day, before me, the undersigned, a Notary Public in and for the State of Washington, personally appeared DANIEL ROBINSON and DIANE ROBINSON, husband and wife, to me known to be the individuals described in and who executed the within and foregoing instrument, and acknowledged that they signed the same as their free and voluntary act and deed, for the.uses and purposes therein mentioned. GIVEN under my hand and official seal this , 1991. day of Notary Public in and for the State of Washington, residing at My appointment expires: STATE OF WASHINGTON ) : ss. COUNTY OF KITSAP ) On this day personally appeared before me Louis Mentor, Bremerton City Mayor, and Kathleen L. McCluskey, Bremerton City Clerk, of the City of Bremerton, the municipal corporation described in and that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument on behalf of said corporation. _/~_~VEN under my hand and official seal this ~ , 1991. day of Notary Public in and for ~he~.S~ate of~ Washingtor~, residing at: My appointment expires: LEASE AGREEMENT -9- ~~. KITSAP REGIONAL !,-~,,~~,~ COORDINATING COUNCIL Cost & Revenue Sharing: Breaking the Logjam on Annexations & Incorporations Presentation to: Bremerton City Council October 6, 1999 MARY MCCLURE~ INTERIM DIRECTOR 26406 SOUTH KINGSTON ROAD, KINGSTON WA 98346 (360) 792-1101 WWW. KITSAP REGIONAL. Cou NClI_. ORG FAX: (360) 297-7762 1. Population: 1998 (State OFM) Unincorporated Kitsap County Silverdale * Remaining Unincorp. Bremerton Population 159,125 15,500 143,625 % of Total Kitsap County 69.5 6.8 62.7 37,26O 16.3 Bainbridge Island 19,080 8.3 Port Orchard 6,945 3.0 Poulsbo 6,590 2.9 Total County 229,000 100.0 * Population included in area for proposed incorporation. 250 200 150 100 5O 2. Total Budget: 1999 ($ in millions) · Capital · Operations Capital + Total Operations Other Funds Kitsap County $252,973,040 $165,115,754 $ 87,857,286 Bremerton $ 81,285,216 $ 50,599,802 $ 30,685,414 Bainbridge Island $ 28,494,062 $14,080,954 $14,413,108 Port Orchard $ 20,429,822 $ 7,157,997 $13,271,825 Poulsbo $ 24,232,692 $17,904,673 $ 6,328,019 3. 1999 Budget per Capita 2501 151 1000- 500- % Capital Funds + Other TABLE 3:1999 Budget Per Capita Capital + Total Operations Other Funds Kitsap County Total county $1,105 $ 721 $ 384 Unincorp. $1,590. $1,038 $ 552 Bremerton $2,182 $1,358 $ 824 Bainbridge Island $1,493 $ 738 $ 755 Port Orchard $2,942 $1,031 $1,911 Poulsbo $3,677 $2,717 $ 960 Note: Figures do not include services and facilities provided by Special districts, e.g. parks & recreation, fire, water, that in some cases are provided by cities A A 4: Services Provided COUNTY Executive Branch/General Government Services Land Use Permit & Inspection Community Development Mental Health Alcohol/Substance Abuse Coroner Services Cemetery Services Public Health Services Fair Services Library Services Parks, Cultural, & Recreation Police/Sheriff Services Adult Detention Juvenile Detention Emergency Dispatch Fire Prevention Disaster Preparedness Legal Services/Prosecution Engineering Sanitary Sewer Solid Waste Planning Solid Waste Collection & Recycling Solid Waste Disposal Surface & Storm Water Management Water Utility Services Financial Services Auditor/Treasurer Tax Administration Election Services Animal Control Services General Facilities Maintenance Judicial Branch Superior & District Court Juvenile Court Municipal Court Services Probation Services Legislative Branch Legislation Comprehensive Planning CITY x ~c X x x x v~ x x X X x x x v~ x x x x x AGENCY o~ SPECIAL DISTraCT x X X x x x x x X x x x x x x x X x x x x X x A %9'9 %0'~ asuadxq ],ugJJnO ~]unoo speo~l/~iunoo %~'0~ iS'9 %/_'0 jopJs!a ,~,!lP, rl o!lqncl fueJq!-j %6'~ $3JJecl ~ slopls!a IJOd %/_'~ pun-I Iooqos eJelS %0';~8 SlOOqOS leOO-I 6661, ~JY3A :iH1 ~lOd UO!lnqpls!a xel/qJedoJd fqunoo desl!N STATUTORY MAXIMUM REGULAR LEVY RATES In dollars per $1000 of assessed valuation County Current Expense County Road Cities * Emergency Medical Fire Hospital Library Port Public Utility District Parks State School (Statewide rate) 1.800 2.250 3.375 - 3.600 .500 1.500 .750 .500 .45O .450 .600 3.600 *Unless annexed to Library and/or Fire District 6. Available Revenue Sources Local Property Tax Regular Road Levy Conservation Futures Excess Levy Emergency Medical Services Retail Sales & Use Tax Regular Levy Transit Levy Criminal Justice COUNTY Business & Occupation Taxes B & O Tax Utility Taxes Garbage Water Sewer Storm Water Natural Gas Electricity Telephone Cellular Cable TV Gambling Tax Excise Leasehold Tax Other Taxes Hotel/Motel Tax Real Estate Excise Tax Local Admissions Tax Fees Cable Franchise Fee Business Licensing Planning & Zoning Sales Tax Equalization X X X X X X X X X X v~ CITY INDICATORS OF FUNDING CAPABILITY (1998 or 1999 tax rate.s) Local Property Taxes Regular Road Levy Conservation Futures Excess Levy Emergency Medical Services Total Retail Sales and Use Taxes County Levy City Levy Transit Levy Criminal Justice Total Sales/Use Tax Hotel/Motel Business and Occupation Taxes B&O Tax Utility Taxes Garbage Water Sewer Storm Water Natural Gas Electricity Telephone Cellular Cable TV Gambling Tax Excise Taxes in lieu of Property Taxes Leasehold Excise Tax Other Taxes Real Estate Excise Tax Local Admissions Tax Fees Cable Franchise Fee Business Licensing Planning and Zoning Other Taxes Other Revenues Sales Tax Equalization Others $1.75 $1.79 $0.06 -zero- -zero- $3.60 1.00% -n/a- 0,50% 0.10% 1.60% 2.00% -n/a- -n/a- -n/a- -n/a- -n/a- -n/a- -n/a- -n/a- -n/a- -n/a- Yes 6.00% 0.50% 5.00% 4%/5% -n/a- Yes Yes No Yes $3.33 -n/a- -n/a- $o.21 $o.5o $4.04 0.15% 0.85% 0.50% 0.10% 1.60% 2.00% Yes 15.00% 6.00% 6.00% -zero- 6.00% 6.00% 6.00% 6.00% 7.00% Yes 4.00% 0.50% 4.00% -zero- Yes Yes Yes Yes Yes $1.40 -n/a- -n/a- -zero- -zero- $1.40 0.15% 0.85% 0.50% 0.10% 1.60% 4.00% Yes 5.00% 6.00% 6.00% 6.00% -zero- 4.00% 4.00% 4.00% 5.00% Yes 4.00% 0.50% -zero- 5.00% Yes Yes Yes Yes Yes $3.03 -n/a- -n/a- $0.43 $0.50 $3,96 0.15% 0.85% 0.50% 0.10% 1.60% 2.00% No 10.00% 10.00% 10.00% 10.00% 6.00% 6.00% 6.00% 6.00% -zero- Yes 4.00% 0.50% -ze ro- 5.00% Yes Yes Yes Yes Yes $3.06 -n/a- -n/a- -zero- $0.50 $3.56 0.15% 0.85% 0.50% 0.10% 1.60% 2.00% No 6.0O% 5.00% 5.00% -zero- 2.00% 6.00% 6.00% -zero- 4.00% Yes 4.00% 0.50% 1.00% -zero- Yes Yes Yes Yes Yes Berk & Associates, Inc. 10/6/99 7. Funding Capability 130,000- 110,000- 90,000- 70,000- 50,000- 30,000- 10,000- -10,000 Property Tax Assessed Value per Capita 35,000- 5,000- Sales Tax Base per Capita Indicators of Funding Capability Kitsap County Tax Base Comparisons Updated for 1999 Budgeted Revenues Property Tax Assessed Value per capita $54,774 $51,241 $36,051 $118,793 $62,694 $52,781 Sales Tax 1) Incorporated Sales Tax Base (Collections divided by rate) 2) Unincorporated Sales Tax Base: a) Calculate County's share of incorporated area tax base (County retains 0.15% of Cities' retail sales) b) Calculate County collections, less incorporated portion (2a) c) Divide b) by total County rate (1%) to reach unincorporated sales tax base 3) Total Countywide Base (Sum of Step 1 + Step 2c) Sales Tax Base per capita (tax base divided by population) Real Estate Excise Tax Real Estate Excise Tax Base Per Capita $531,764,706 $189,094,118 $198,000,000 $188,235,294 $2,166,545,900 $9,461 $1,660,641 $10,594,518 $1,059,451,782 $797,647 $283,641 $297,000 $6,658 $14,272 $9,911 $30,046 $3,437 $282,353 $27,104 $3,142 $1,879 $9,495 $3,035 $2,304 Utility Tax Base Per Capita Garbage Water Sewer Storm Water Natural Gas Electricity Telephone Cellular Cable TV -n/a- -n/a- -n/a- -n/a- -n/a- -n/a- -n/a - -n/a- -n/a- -n/a- $140.45 (Revenue estimates $200.86 $105.59 -n/a- $t27.48 not available $132.02 $82.07 -n/a- $219.18 by category) $189.68 $118.79 -n/a- -n/a- -n/a- $29.89 -n/a- -n/a- $156. 56 -n/a- $98.63 $120.23 -n/a- $507.69 -n/a- $632.27 $587.95 -n/a- $469.67 -n/a- $708.14 $431.97 -n/a- -n/a- -n/a- -n/a- -n/a- -n/a- $109.27 $94.34 -n/a- -n/a- Berk & Associates, Inc. 6/8/99 8. KRCC Finance Work Group Kitsap County: Sharon Shrader, County Treasurer William Nogle, Director of Administrative Services City of Bremerton: Rich Hanna, City Treasurer Phil Berry, Director of Community Development City of Poulsbo: Donna Bjorkman, City Treasurer City of Port Orchard: Kris Tompkins, City Treasurer Larry Curies, City Engineer City of Bainbridge Island: Lynn Nordby, City Administrator Ralph Eells, Finance Director Port of Bremerton: Dick Brandenburg, Executive Director Ken Attebery, Deputy Executive Director Economic Development Council: Warren Olson, Executive Director Butch Dunlap, Parametrix Kitsap Planning Commission: John Ahl School Districts: Walter Draper, Bremerton School District Fire Districts: Mike Brown, Fire District # 7, Port Orchard Water Districts: Morgan Johnson, Silverdale Water District KRCC Members: Lynn Horton, Mayor of Bremerton Chris Endresen, County Commissioner Work Group Staff: Mary McClure, KRCC Pam Kellner, KRCC Michael Hodgins, Berk & Associates 9. Areas of Consideration Immediate Task: Cost & Revenue Sharing: Annexations & Incorporations "Ease the transition" Refine Henderson & Young Study Create examples as test Year 2000: Identify services that might benefit from regionalization: e.g. Cost or service efficiencies Infrastructure financing strategies Phased development in the Urban Growth Areas 10. FisDis Fiscal Disparities Analysis Based on Henderson & Young Fiscal Disparities Analysis Process, 2/96 To be used for ,/Annexations & incorporations ,/For approval of substantial development in areas near boundaries of cities. Analysis of Fiscal Disparity (FisDis) would be completed as part of every "An examination of the effect of a proposed annexation or non-residential development on selected revenues, expenditures, debt, assets, other financial circumstances and level of service of public entities. To include: ,/Sales tax ,/Emergency medical services ,r' Property tax ,/Law enforcement services ,/Fire protection ,/Central communications Goal: Phase the shift of revenues from one jurisdiction to the other: Year 1'75% Year 2: 50% Year 3: 25% ~ In cases where: Sales tax loss (estimated) is _> 2.5% of respondent's sales tax revenue for the prior fiscal year Property tax loss __> 2.5% of the respondent's property tax revenue for the current fiscal year. Land use decisions: Proximity test One or both tax thresholds Annexations: .r One or both tax thresholds FisDis will be in writing, with analysis performed by mutually-acceptable third party expert, and considered as part of annexation or land use decision 11. Where Are We Now? Preparation of Financial Analysis: Berk & Associates · :. Wheaton Way Corridor · :- Land Use Test area Working Dinner: County Commissioners Mayors City Council members Finance Directors October 21 Finance Work Group Meetings: October 25 November 16 December 14 Recommendations to KRCC: January 5