HomeMy WebLinkAbout10/14/98 AGENDABREMERTON CITY COUNCIL
239 4TH STREET
BREMERTON, WA 98337
CITY COUNCIL AGENDA .
OCTOBER 14, 1998
CITY COUNCIL STUDY SESSION: 5:00 - 5:30 P.M.
A. General Council Business
CALL TO ORDER: 5:30 P.M.
A. Pledge Of Allegiance
B. 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.
None
CLAIMS/CHECK REGISTERS
5. COUNCIL MEMBER REPORTS
6. MAYOR'S REPORT
PUBLIC RECOGNITION -- (Comments Limited to 3 Minutes)
NEW BUSINESS
A. Tower Lease Agreement with AirTouch
Communications, Inc.
Bid Award Recommendation Imaging System and
Budget Adjustment No. 98-31
C. 1999 CDBG Citizens Advisory Recommendations
#AB98-229
#AB98-230
#AB98-231
(CONTINUED ON BACK)
RESOLUTION
A. Resolution No. 2674, Placing the Fluoride Initiative
Petition on the February 2, 1999 Special Election
Resolution No. 2675, Setting Public Hearing Date
for Vacation of Undeveloped Alley between Yantic
Avenue and Hartford Avenue
#AB98-232
#AB98-233
4.5
ENGINEERING DIVISION
MEMORANDUM
TO:
FROM:
DATE:
Mayor
City Council
~om Knuckey, Senior Engineer
September 30, 1998
SUBJECT: Mr. John Beker Question Regarding Fluoridation Costs
At the September 2, 1998 City Council meeting, Mr. John Beker asked a
question regarding the cost of fluoridation of the City Water System.
This memorandum is a response to Mr. Beker's question.
Background.
Fluoride will be added to the water system at the JF~, and also at
several well-sites throughout the City. The CCFF is currently under
construction, and should be completed in November, 1998. The predesign
was completed for fluoridation of the well-sites, however no detailed
design nor construction have been done for these facilities.
How much money has been spent on fluoridation already?
Expenditures to date for design and construction of fluoridation at the
C~ion Control and Fluoridation EaCh ~sign
-activi~ie~ at ~he well-sites are approximately~$154,000.)
What is the total cost of the project?
In 1997, approximately $36,000 was spent on fluoridation pre-design and
design. The 1998 budget for design and construction is $300,500, of
which approximately $190,500 is for fluoridation at the CCFF, the
remaining $110,000 is the budget for the well-site fluoridation. In
addition to capital costs, the cost of operation and maintenance (O&M)
must be included to identify the total cost of fluoridation. The total
annual cost of fluoridation is approximately $90,000 per year,
including O&M and annualized capital costs.
How much of the cost will come from each citizen on their water bill?
The cost to rate payers for fluoridation is about $1.80 per person per
year, or approximately $0.40 per household per month ($0.80 on a bi-
monthly bill.)
C: W. Eugene Sampley, Director of Public Works and Utilities
Project File
AGENDA BILL
BREMERTON CITY COUNCIL
~: Tower Lease Agreement
with Airtouch Communications,
Inc.
FOR AGENDA OF: October!q, 1998
ORIGINATING DEPT: Admin. Services
ORIGINATOR: K, McCluskey ~
DATE SUBMITTED: October 1. 1998
MAYOR
~: (comment on back 3. EXHIBITS:
if necessary)
,~-~%~/t~ ~, // ~,. Lease Agreement
City Attorney
PW & U Directo
.-Fiscal/Budget
,Operations
SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIL ACTION:
Currently Airtouch has an existing tower lease at Alexander Lake. This
lease agreement renews their lease for an additional seven years
commencing retroactively to August of 1997. Compensation of $600 per
month with an annual CPI factor will be re-negotiated after year four.
Airtouch will pay $300 per year to help maintain the access road to the
site.
RECOMMENDATION:
Approval of lease agreement with Airtouch Communications, Inc.
RESPONSIBLE OFFICIAL: Admin. Services
ENFORCEMENT OFFICIAL: Admin. Services
EXPIRATION DATE:
REVIEW DATE:
PULLED TABLED
COUNCIL DIRECTIVE:
10. NOTICE OF ACTION
APPROVED DISAPPROVED
DATE:
:D
11.
AGENDA BILL NO:
e
CLW. ARANCE COMMENTS (cont.):
4. SUMMARY STATEMENT (cont.):
So
IMPACT ON NON-PASSAGE:
Airtouch continues to operate under a month to month extension of old
lease at lower lease rate of $430 per month.
IMPACT ON STAFFING. BUDGETS. FACILITIES~ EOUIPMENT OR OTHER RESOURCES
N/A
7. RESEARCH SOURCES:
BREWESTBREM-1
TELECOMMUNICATIONS FACILITIES
LEASE AGREEMENT
TltIS LEASE AGREEMENT entered into by and between the City ofBremerton, a
municipal corporation duly organized and existing under the laws of the State of Washington, as
Lessor (hereinafter referred to as "City") and Seattle SMSA Limited Partnership, c/o AirTouch
Communications, Inc. dba AirTouch Cellular (hereinafter referred to as "Lessee").
WI TNE S S E TH:
1. PREMISES. The City hereby leases to the Lessee real property located at
Alexander Lake for housing, installing, constructing, operating and maintaining certain
telecommunications facilities, said real property and facilities being more specifically described
and/or depicted in Schedule A, attached hereto and specifically incorporated herein (hereinafter
referred to as Premises). Lessee agrees to accept such real property for such purpose, subject to
the considerations, terms and conditions specified in this Telecommunications Facilities Lease
Agreement (hereinafter referred to as "Lease").
2. DEFINITIONS. For the purpose of this Lease, and the interpretation and
enforcement thereof, the following words and phrases shall have the following meanings, unless
the context of the sentence in which they are used shall indicate otherwise:
"Person" means and includes corporations, companies, associations, joint stock
companies or associations, firms, partnerships, limited liability companies and individuals and
includes their lessors, trustees and receivers;
"Public street" means any highway, street, alley or other public right of way for motor
vehicle travel under the jurisdiction and control of the City which has been acquired, established,
dedicated or devoted to highway purposes;
"Public way" means and includes all public streets and utility easements, as those terms
are defined herein, now or hereafter owned by the City, but only to the extent of the City's right,
title, interest or authority to grant a permit or lease to occupy and use such streets and easements
for telecommunications facilities;
"Telecommunications carrier" means and includes every person that directly or
indirectly owns, controls, operates or manages plant, equipment or property within the City, used
or to be used for the purpose of offering telecommunications service;
"Telecommunications facilities" means the plant, equipment and property, including but
not limited to, cables, wires, conduits, ducts, pedestals, antennae, towers, electronics, equipment
LEASE AGREEMENT - 1
U S West AirToueh - August 11, 1998
3
storage structures and other appurtenances used or to be used to transmit, receive, distribute,
provide, house or offer telecommunications services;
"Telecommunications provider" means and includes every person who provides
telecommunications services over telecommunications facilities without any ownership or
management control of the facilities;
"Telecommunications service" means the providing or offering for rent, sale or lease, or
in exchange for other value received, of the transmittal of voice, data, image, graphic and video
programming information between or among points by wire, cable, fiber optics, laser, microwave,
radio, satellite or similar facilities, with or without benefit of any dosed transmission medium.
"Utility easement" means any easement owned by the City and acquired, established,
dedicated or devoted for public utility purposes not inconsistent with telecommunications
facilities.
3. USES AND PURPOSES. Lessee shall have the use and occupancy of the
Premises for the purpose of transmission and reception of telecommunication and signals in any
and all frequencies using real property and telecommunications facilities approved in Schedule A.
Lessee shall have the right, at its expense, to erect and maintain on the Premises
improvements, personal property and facilities, as described in Schedule A and pursuant to
successful completion of all requisite permit processes.
City shall provide Lessee ingress, egress, and twenty-four hour a day, seven days a week
access over the property to the Premises adequate to service the Premises and the
telecommunication facilities at all times during this Lease. Lessee shall agree to pay an amount
not to exceed $300 for road maintenance annually.
4. LEASE APPLICATION. Any person that desires to solicit the City's approval
of a Lease shall file a lease proposal with the City which shall include the following:
A. The identity and legal status of the applicant, including any affiliates;
B. The name, address, telephone number and title of the officer, agent or
employee responsible for the accuracy of the lease application statement;
C. A description of the service that the applicant intends to offer or provide,
or is currently offering or providing, to persons, firms, businesses or institutions within the City,
or to those outside the City limits using facilities located within the City;
D. A description of the telecommunications facilities or other equipment
proposed to be located upon City property;
LEASE AGREEMENT - 2
U S We~t AirTouch - August 11, 1998
E. A description of the City property upon which the applicant proposes to
locate telecommunications facilities or other equipment;
F. Signed set of owners drawings, preliminary plans and specifications in
sufficient detail to identify:
O)
Manufacturer standards, punch list on workmanship inspections for
future sign-off by City inspectors for all telecommunication facilities
being proposed by Lessee.
(2)
The location(s) of existing telecommunications facilities or other
equipment upon the City property, whether publicly or privately
owned.
(3)
The location and source of electric and other utilities required for
the installation and operation of the proposed facilities.
G. Accurate scale conceptual drawings and diagrams of sufficient specificity
to analyze the aesthetic impacts of the proposed telecommunications facilities or other equipment;
lt. Whether the applicant intends to provide cable service, video dialtone
service or other video programming service, and sufficient information to determine whether such
service is subject to cable franchising;
I. An accurate map showing the location of any existing telecommunications
facilities in the City that applicant intends to use or lease;
J. A description of the services or facilities that the applicant will offer or
make available to the City and other public, educational and governmental institutions;
K. Evidence that the applicant has explored possible co-location sites on
existing tower sites on City or private property.
L. Such other and further information as may be requested by the City; and
($500.00).
Me
A non-refundable application fee of Five Hundred and No/100 Dollars
5. NON-EXCLUSIVE LEASE, This Lease is nonexclusive and does not preclude
the City from granting a similar lease, right, license, franchise, etc. to other carders, providers or
other persons for telecommunications or any other purpose.
LEASE AGREEMENT - 3
U S West AirTouch - August 11, 1998
6. TERM OF LEASE. This Lease shall be valid for a term of seven year(s) ~}
commencing August 1, 1997*and terminating July 31, 2004.
~(" Commencement Date")
7. RIGHTS GRANTED. This Lease does not convey any tight, title or interest in
the City property, but shall be deemed the right only to use and occupy the City property for the
limited purposes and term stated in the Lease. Further, this Lease shall not be construed as any
warranty of title.
8. INTERFERENCE WITH OTHER USERS. The Lessee acknowledges that the
City may enter into leases with other tenants for their equipment and telecommunications facilities
for the purposes of transmitting and receiving telecommunication signals from City property. The
City, however, is not in any way responsible or liable for any interference with Lessee' s use of the
City property which may be caused by the use and operation of any other tenant's equipment,
even if caused by new technology. In the event that any other tenant's activities interfere with the
Lessee's use of the City property, and such use or operation was not in existence on the date of
execution of this Lease, and the Lessee cannot resolve this interference with the other tenants, the
City will, upon written request by Lessee, cause such interfering use to cease. The Lessee shall
cooperate with all other tenants to identify the causes of and work towards the resolution of any
electronic interference problem. In addition, the Lessee agrees to eliminate any radio or television
interference caused to City-owned facilities or surrounding residences at Lessee's own expense
and without installation of extra filters on City-owned equipment. Lessee further agrees to accept
such interference as may be received from City operated telecommunications or other City
facilities located upon the City property subject to this Lease except those City antenna sites
placed upon Lessee's facilities pursuant to Section 11.B.
9. OWNERSHIP AND REMOVAL OF IMPROVEMENTS. All buildings,
landscaping and all other improvements, except telecommunications facility, shall become the
property of the City upon expiration or termination of the Lease. In the event that the City
requires removal of such improvements after termination of the Lease, such removal shall be
accomplished at the sole expense of the Lessee and completed within 30 days after receiving
notice from the City requiting removal of the improvements. Additional time may be granted
upon the discretion of the City which approval shall not be unreasonably withheld. In the event
that telecommunications facilities or other equipment are left upon City property after expiration
or termination of the lease, they shall, at the City's option, if not removed by the Lessee upon 30
days written notice from the City, be removed and stored at the expense of Lessee. Stored
telecommunications facilities that are not claimed by the Lessee within six (6) months from
termination of the Lease shall become the property of the City.
10. CANCELLATION OF LEASE BY LESSEE.
A. All Leases are contingent upon the Lessee obtaining all necessary permits,
approvals and licenses for the proposed facilities. In the event that the Lessee is unable to obtain
all such permits, approvals and licenses, it may cancel its lease, and obtain a pro rata refund in any
LEASE AGREEMENT - 4
U S We~t AirTouch - August 11, 1998
rents paid, without further obligation by giving 30 days prior written notice to the City. Lessee
agrees to restore City property to original condition if cancellation is requested.
B. In the event that the holder of a Lease determines that the City property is
unsuitable for its intended purpose, the Lessee shall have the fight to cancel the Lease upon 180
days written notice to the City. However, no prepaid rent shall be refundable; except in the event
any changes occur with respect to the City's use of the property subsequent to the effective date
of this Lease (including but not limited to additional Lessees as permitted by the City) and such
changes result in the property becoming unsuitable for Lessee's intended purpose.
11. COMPENSATION TO THE CITY.
A. This Lease is subject to the City's right, which is expressly reserved, to
mnn::ally 5:: a fair and reasonable compensation to be paid for the rights granted to the Lessee;
starting on the Commencement Date and on the first day of each month thereafter during the term
of the Lease, Lessee shall pay rent at a rate of Six Hundred and No/100 Dollars ($600.00) per
month, prorated for any partial months. Substantial expansion of the initial configuration
contained in Schedule A will result in review and possible re-negotiation of the rental rate
contained herein.
At the beginning of each successive year thereafter, the monthly rent shall automatically be
adjusted based upon the CPI for all urban consumers, Seattle-Tacoma index (1982-84=100) as
published by the Bureau of Labor Statistics for the last month for which statistics are posted prior
to the effective date above. However, rent shall not, in any case, decrease, nor shall the annual
rent increase by more than five (5) percent per year above the annual rent for the preceding year.
Any payments received after the due date shall include a late payment penalty of 2% of the
annual rental fee for each day or part thereof past the due date.
B. Additional Consideration. City shall be allowed, at City's sole expense, to
attach City's communication antennas to Lessee's telecommunications tower provided City first
obtains Lessee's prior written consent for such attachments. Lessee's approval for said
attachments shall be contingent upon determining whether Lessee's tower is properly engineered
to accommodate City's antenna system and such transmission shall not result in any impairment or
diminution in the quality of Lessee's service. Further, said approval shall be given only at~er
Lessee has reviewed and approved City's engineering plans for said antenna attachments in a
location specified by Lessee. Approval shall not be unreasonably withheld. Upon written
approval by Lessee, said attachments shall be installed by qualified licensed contractors and in
accordance with Lessee's directives for the method of installment and with permits issued by all
applicable governmental authorities having jurisdiction which shall first be obtained by City at its
sole expense. City acknowledges and agrees that Lessee reserves the fight to relocate City's
antennas at any time(s) to accommodate modifications required for Lessee's future system
LEASE AGREEMENT - 5
U S W~-t AirTouch - August 11, 1998
7
requirements, provided such relocation shall provide equivalent quality of service after such
relocation.
C. Rent Adjustment. On the fourth annual anniversary date of the Commencement
Date of the Lease ("Rent Adjustment Date") the City may adjust the rent due under the Lease in
accordance with the following procedure:
If the City chooses to adjust the rent, the Rent for the remainder of the Lease term
commencing on the Rent Adjustment Date shall be the Fair Market Rental Value. The term "Fair
Market Rental Value" shall be the rental rate that comparable space for a wireless
telecommunications facility (in terms of quality of location for a similar facility in a similar
location) would command on the open market at the time of Rent Adjustment Date. Such
amount shall be determined jointly by the City and Lessee through good faith negotiations. If the
City determines that a rent adjustment is warranted, it shall so notify Lessee in writing no earlier
than one hundred eighty (180) days prior to the Rent Adjustment Date and no later than one
hundred twenty (120) days prior to such date of the rental amount it proposes to commence on
that date. Lessee shall respond in writing no later than thirty (30) days from receipt of the City's
notice by accepting the proposed rent amount or if it determines that the proposed rent is
unsatisfactory, it shall propose a suitable rental amount. The City and Lessee shall thereafter
make a good faith and diligent effort to agree on the rent adjustment amount no later than thirty
(30) days after receipt by the City of Lessee's proposed rent adjustment.
D. Pursuant to Section 28 Lessee shall pay to the City 50% of any and all sublessee
rent for co-location on Lessee's tower.
12. AMENDMENT OF LEASE. Except as provided within the existing Lease, a
new lease application and Lease shall be required of any telecommunications carrier or other
entity that desires to expand, modify, or relocate its telecommunications facilities or other
equipment located upon City property. If ordered by the City to locate or relocate its
telecommunications facilities or other equipment on the City property, the City shall grant a lease
amendment without further application.
13. RENEWAL APPLICATION. A Lessee that desires to renew its Lease under
this Article shall, not more than one hundred twenty (120) days nor less than sixty (60) days
before expiration of the current Lease, file an application with the City for renewal of its Lease
which shall include the following:
A. The information required pursuant to Section 4;
B, Any additional information required based upon elements of the current
Lease agreement between the City and the Lessee;
C. All deposits or charges required pursuant to City ordinances;
LEASE AGREEMENT - 6
IJ S West Ah'Touch - August 1 I, 1998
D. A non-refundable application fee in the amount of Five Hundred and
No/100 Dollars ($500.00).
The City reserves the right to extend the review period for the renewal application if
additional information is required.
14. OBLIGATION TO CURE AS A CONDITION OF RENEWAL. No Lease
shall be renewed until any ongoing violations or defaults in the Lessee's performance of the Lease
have been cured, or a plan detailing the corrective action to be taken by the Lessee has been
approved by the City.
15. IMPROVEMENTS. During the term of this Lease if Lessee wishes to
substantially expand the initial configuration contained in Schedule A, Lessee will submit a new
application pursuant to Section 4.
16. POLICE POWER. In accepting this Lease, the Lessee acknowledges that its
fights hereunder are subject to the legitimate rights of the police power of the City to adopt and
enforce general ordinances necessary to protect the safety and welfare of the public and it agrees
to comply with all applicable general laws enacted by the City pursuant to such power.
17. INTERFERENCE WITH THE PUBLIC WAYS. The Lessee shall not locate
or maintain its telecommunications facilities so as to unreasonably interfere with the use of the
public ways by the City, by the general public or by other persons authorized to use or be present
in or upon the public ways. All such facilities which interfere with public ways shall be moved by
the Lessee, at the Lessee's cost, temporarily or permanently, as determined by the City Public
Works and Utilities Director.
18. REPAIR AND EMERGENCY WORK. In the event of an unexpected repair or
emergency, the Lessee may commence such repair and emergency response work as required
under the circumstances, provided the Lessee shall notify the City as promptly as reasonably
possible, before such repair or emergency work commences or as soon thereafter as possible if
advance notice is not practicable.
19. MAINTENANCE OF LEASE FAC[LIT[ES. The Lessee shall maintain its
facilities in good and safe condition and in a manner that complies with all applicable federal, state
and local requirements. Lessee shall not permit waste, damage, or injury to the premises
including any City property, public ways of the City, other ways or other property, whether
publicly or privately owned, located in, on or adjacent thereto. Lessee shall not restrict site access
to City. City shall have the exclusive right to inspect the Lessee's telecommunications facilities
and equipment at any time during the term of this Lease to ensure compliance with the terms and
conditions herein; Provided, however, Lessee has the right to be present at all inspections of
Lessee's telecommunications facilities and equipment, and City shall give Lessee at least 24 hours
prior notice of such intent.
LEASE AGREEMENT - 7
u s west AirTouch - August 11, 1998
20. SIGNAGE, Lessee shall display a current sign on telecommunication facilities
identifying Lessee, address and a 24 hour phone number.
21. RELOCATION OR REMOVAL OF FACILITIES. Within one hundred eighty
(180) days following written notice from the City, the Lessee shall, at its own expense,
temporarily or permanently remove, relocate, change or alter the position of any
telecommunications facilities within the public ways or upon City property whenever the City
Public Works & Utilities Director shall have determined that such removal, relocation, change or
alteration is reasonable necessary for:
A. The construction, repair, maintenance or installation of any City or other
public improvement in or upon the public ways; and
Bo
public ways.
The operations of the City or other governmental entity in or upon the
Additional time for removal or relocation may be granted at the discretion of the City
which extension shall not be unreasonably withheld. If Lessee fails to remove the property upon
request by the City, Lessee agrees to reimburse the City for any and all removal costs incurred by
the City.
22. REMOVAL OF UNAUTHORIZED FACILITIES. Within thirty (30) days
following written notice from the City, Lessee or any person who owns, controls or maintains on
behalf of Lessee any unauthorized telecommunications system, facility or related appurtenances
within the public ways or real property of the City shall, at its own expense, remove such facilities
or appurtenances from the public ways or property of the City. A telecommunications system or
facility is unauthorized and subject to removal in the following circumstances:
A. Upon expiration or termination of the Lessee's Lease without approved
extension or renewal;
B. Upon abandonment of a facility within the public ways or real property of
the City. Any property of a Lessee shall be deemed abandoned if left in place 30 days after
expiration or termination of the Lease;
of a Lease;
If the system or facility was constructed or installed without the prior grant
D. If the system or facility was constructed or installed without the prior
issuance ora required City permits; and
E. If the system or facility was constructed or installed at a location not
permitted by the Lease.
LEASE AGREEMENT - 8
US West AirTouch. August 11, 1998
Provided, however, that the City may, in its sole discretion, allow a Lessee, or other such
persons who may own, control, or maintain telecommunications facilities within the public ways
or property of the City to abandon such facilities in place. No facilities of any type may be
abandoned in place without the express written consent of the City. Any plan for abandonment or
removal of a Lessee's facilities must be first approved by the Public Works and Utilities Director,
and all necessary permits must be obtained prior to such work. Upon authorized permanent
abandonment of the property of such persons in place, the property shall become that of the City,
and such persons shall submit to the City an instrument in writing, to be approved by the City
Attorney, transferring to the City the ownership of such property in which event, Lessee shall
have no further obligations or liability with respect to such property or facilities. The provisions
of this Section shall survive the expiration, revocation, or termination of the Lease granted
hereunder. If the City does not authorize abandonment and Lessee fails to remove such facilities
within thirty (30) days following notice, Lessee agrees to reimburse the City for any and all costs
incurred by the City for facilities removal. ~
23. EMERGENCY REMOVAL OR RELOCATION OF FACILITIES. The City
retains the right and privilege to cut or move any telecommunications facilities located within the
public ways of the City and upon City property, as the City may determine to be necessary,
appropriate or useful in response to any public health or safety emergency. The City shall not be
liable to Lessee, or any other party for any direct, indirect, or any other such damages suffered by
any person or entity of any type as a direct or indirect result of the City's actions under this
Section.
24. DAMAGE TO FACILITIES. Unless directly and proximately caused by the
willful, intentional or malicious acts by the City not otherwise authorized herein, the City shall not
be liable for any damage to or loss of any telecommunications facility upon City property or
within the public ways of the City as a result of or in connection with any public works, public
improvements, construction, excavation, grading, filling, or work of any kind on such City
property or within the public ways by or on behalf of the City.
25. RESTORATION OF PUBLIC WAYS, OTHER WAYS AND CITY
PROPERTY.
A. When the Lessee, or any person acting on its behalf, does any work in or
affecting any public ways, other ways or City property, it shall, at its own expense, promptly
remove any obstructions therefrom and restore such ways or property to City construction
standards as adopted before the work was undertaken, unless otherwise directed by the City.
Lessee shall obtain all requisite permits for such work.
B. If weather or other conditions do not permit the complete restoration
required by this Section, the Lessee shall temporarily restore the affected ways or property. Such
temporary restoration shall be at the Lessee's sole expense and the Lessee shall promptly
LEASE AGREEMENT - 9
u s west AirTouch - August 11, 1998
undertake and complete the required permanent restoration when the weather or other conditions
no longer prevent such permanent restoration.
C. The Lessee or other person acting in its behalf shall use suitable barricades,
flags, flagrnen, lights, flares and other measures as required for the safety of all members of the
general public and to prevent injury or damage to any person, vehicle or property by reason of
such work in or affecting such ways or property.
D. The Public Works and Utilities Director shall be responsible for inspection
and final approval of the condition of the public ways, other ways, and City property following
any construction and restoration activities therein. Further, the provisions of this Section shall
survive the expiration, revocation, or termination of this Lease.
26. FACILITIES MAPS. The Lessee shall provide the City with a map or maps
accurately reflecting the horizontal and vertical location and configuration of all of its
telecommunications facilities within the public ways and upon City property. The Lessee shall
provide the City with updated maps upon request by the City.
27. BOOKS, RECORDS AND MAPS. All books, records, maps and other
documents, maintained by the Lessee with respect to its telecommunications facilities within the
public ways and upon City property shall be made available for inspection by the City at
reasonable times and intervals; Provided, however, that nothing in this Section shall be construed
to require the Lessee to violate state or federal law regarding subscriber privacy, nor shall this
Section be construed to require the Lessee to disclose proprietary or confidential information
without adequate safeguards for its confidential or proprietary nature.
28. LEASED CAPACITY AND CO-LOCATION. Lessee shall have the fight, with
prior City approval, to sublet the premises consistent with this Lease; provided:
A. The Lessee shall furnish the City with a copy of any such proposed lease or
agreement between the Lessee and its sub-lessee;
B. The sub-lessee has complied, to the extent applicable, with the
requirements contained in this Lease;
Ce
The Lessee owns and/or controls the tower facility located on City
property;
D. The City and Lessee shall agree upon additional rental fee for sub-lessee
hook-ups pursuant to Section 11.D.
The City encourages co-location on existing telecommunications facilities and to that end
will not unreasonably withhold approval of sub-leases.
LEASE AGREEMENT - 10
U $ We~t AirTouch - August 11, 1998
29. UTILITIES. Electricity, I-IVAC and telephone service, or other utilities are to be
provided to the Premises and Site at Lessee's expense and as outlined in Schedule A. City shall
cooperate with Lessee in obtaining utility service.
30. LICENSES AND TAXES. Upon commencement of the Lease, Lessee shall be
responsible for paying real or personal property, excise leasehold, business and occupation, and/or
other taxes or licenses which may in the future be assessed as a direct result of the Lessee's
operations at the telecommunications facilities described herein.
31. INSURANCE. The Lessee shall, as a condition of the Lease, secure and maintain
the following liability insurance policies insuring both the Lessee and the City, and its elected and
appointed officers, officials, agents, employees, representatives, engineers, consultants, and
volunteers against claims for injuries to persons or damages to property which may arise from or
in connection with the exercise of the rights, privileges, and authority granted to the Lessee:
A. Comprehensive general liability insurance, written on an occurrence basis,
with limits not less than:
(1) $2,000,000.00 for bodily injury or death to each person;
(2)
$2,000,000.00 for property damage resulting from any one
accident; and
(3) $2,000,000.00 for all other types of liability.
B. Automobile liability for owned, non-owned and hired vehicles with a limit
of $2,000,000.00 for each person and $2,000,000.00 for each accident;
C. Worker's compensation within statutory limits and employer's liability
insurance with limits of not less than $1,000,000.00;
D. Comprehensive form premises-operations, explosions and collapse hazard,
underground hazard and products completed hazard with limits of not less than $2,000,000.00;
E. The liability insurance policies required by this Section shall be maintained
by the Lessee throughout the term of the Lease, and such other period of time during which the
Lessee is operating without a Lease hereunder, or is engaged in the removal of its
telecommunications facilities. The Lessee shall provide an insurance certificate, together with an
endorsement designating the City, and its elected and appointed officers, officials, agents,
employees, representatives, engineers, consultants, and volunteers as additional insureds, to the
City prior to the commencement of any work or installation of any facilities pursuant to said
Lease. Any deductibles or self-insured retentions must be declared to and approved by the City.
Payment of deductibles and self-insured retentions shall be the sole responsibility of the Lessee.
LEASE AGREEMENT - 11
U S West AirTouch - August 11, 1998
The Lessee's insurance shall be primary insurance as respects the City, its officers, officials,
employees, agents, consultants, and volunteers. Any insurance maintained by the City, its
officers, officials, employees, consultants, agents, and volunteers shall be in excess of the Lessee's
insurance and shall not contribute with it. The City shall be provided thirty (30) days advance
notice of cancellation of any coverages required in 31.A. above;
F. Within thirty (30) days after receipt by the City of said notice, and in no
event later than fifteen (15) days prior to said cancellation or intent not to renew, the Lessee shall
obtain and furnish to the City replacement insurance policies meeting the requirements of this
Section.
32. GENERAL INDEMNIFICATION, Lessee covenants not to bring suit against
the City and hereby agrees to defend, indemnify, and hold harmless the City, its appointed and
elected officers, employees, agents and volunteers from and against any and all liability, loss,
costs, damage, and expense, including costs and attorney fees in defense thereof, and including
claims by the Lessee's own employees to which the Lessee might otherwise be immune under
Title 51 RCW, 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 any 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 the performance of this Agreement,
whether such injuries to persons or damage to property is due to the negligence of the Lessee, its
agents, employees, representatives or assigns. This provision shall be inapplicable to the extent
such damage or injury is judicially found to be caused by the sole negligence of the City. This
provision waiving immunity for claims arising out of Title 51 RCW was specifically negotiated by
the parties.
Lessee assumes the risk of damage to its facilities located in the City's public ways, rights-of-way,
easements, and property from activities conducted by the City, its officers, employees, agents, and
volunteers. The Lessee releases and waives any and all claims against the City, its officers,
employees, agents, and volunteers for damage to or destruction of the Lessee's facilities except to
the extent any such damage or destruction is caused by the willful and malicious action of the
City, its officers, employees, agents, or volunteers.
33. CONSTRUCTION AND COMPLETION BOND. A performance bond written
by a corporate surety acceptable to the City equal to at least 100% of the estimated cost of
constructing the Lessee's telecommunications facilities within the public ways of the City or upon
City property shall be deposited in the event construction is commenced.
A. Except as provided below, the construction bond shall remain in force until
60 days atter substantial completion of the work, as determined by the City, including restoration
of public ways and other property affected by the construction.
B. The construction bond shall guarantee, to the satisfaction of the City:
LEASE AGREEMENT - 12
U S W~t AirTouch - August 11, 1998
(1) Timely completion of construction;
(2)
Construction in compliance with applicable plans, permits, technical
codes, and standards;
(3) Proper location of the facilities as approved by the City;
(4)
Restoration of the public ways and other public or private property
disrupted, damaged, or otherwise affected by the construction. The
construction bond shall warrant said restoration work for a period
of 1 year;
(s)
The submission of'as-built' drawings after completion of the work
as required by this Chapter; and
(6)
Timely payment and satisfaction of all claims, demands or liens for
labor, material or services provided in connection with the work.
34. ASSIGNMENTS OR TRANSFERS OF LEASE. Ownership or control of a
Lease may not, directly or indirectly, be transferred, assigned or disposed of by sale, lease,
merger, consolidation or other act of the Lessee, by operation of law or otherwise, without the
prior written consent of the City, which consent shall not be unreasonably withheld or delayed,
except as expressed by ordinance and then only on such reasonable conditions as may be
prescribed therein.
A. No Lease shall be assigned or transferred in any manner within twelve (12)
months after the initial grant of the Lease, unless otherwise provided.
B. Absent extraordinary and unforeseeable circumstances, system or integral
part of a system shall be assigned or transferred before construction of the telecommunications
facility has been completed.
C. The Lessee and the proposed assignee or transferee of the system shall
provide and certify the following information to the City not less than sixty (60) days prior to the
proposed date of transfer:
(i)
Complete information setting forth the nature, terms and condition
of the proposed transfer or assignment;
All information required of a lease applicant pursuant to Section 4
with respect to the proposed transferee or assignee;
(3) Any other information reasonably required by the City; and
LEASE AGREEMENT - 13
U S West AirToueh - August 11, 1998
(4) An application fee set by Section 4.
D. No transfer shall be approved unless the assignee or transferee has the
legal, teclmical, financial, and other requisite qualifications to own, hold and operate the
telecommunications facility pursuant to this Lease.
E. Unless otherwise provided in this Lease, the Lessee shall reimburse the
City for all direct and indirect costs and expenses reasonably incurred by the City in considering a
request to transfer or assign this Lease. No approval shall be deemed approved until all such
costs and expenses have been paid.
F. Any transfer or assignment of the lease, system, or integral part ora system
without prior written approval of the City under this Section or pursuant to the Lease shall be
void and is cause for revocation of the lease.
G. Superseding all other assignments or transfer revisions herein, Lessee shall
have the right, without prior notice to or consent by City, to assign or transfer this Lease to the
communications entities which may emerge from the joint venture pending between U S West,
Inc. and AirTouch Communications, Inc., which assignment or transfer, shall not release Lessee
fi.om any obligations or liability under the terms of this Lease. Except as provided above, Lessee
shall make no other assignment or transfer of this Agreement without obtaining the written
consent of Lessor, which consent shall not be unreasonably withheld.
35. TRANSACTIONS AFFECTING CONTROL OF LEASE. Any transactions
which singularly or collectively result in a change of 50% or more of the ownership or working
control of the Lessee, of the ownership or working control of the telecommunications facility, of
the ownership or working control of affiliated entities having ownership or working control of the
Lessee or of a telecommunications facility, or of control of the capacity or bandwidth of the
Lessee's telecommunication system, facilities or substantial parts thereof, shall be considered an
assignment or transfer requiring City approval pursuant to Section 34 hereof. Transactions
between affiliated entities are not exempt from City approval. The Lessee shall promptly notify
the City prior to any proposed change in, or transfer of, or acquisition by any other party of
control of Lessee's company. Every change, transfer, or acquisition of control of a Lessee's
company shall cause a review of the proposed transfer. In the event that the City adopts a
resolution or other appropriate order denying its consent and such change, transfer or acquisition
of control has been effected, the City may cancel the Lease. Approval shall not be required for
mortgaging purposes or if said transfer is from the Lessee to another person or entity controlling,
controlled by, or under common control with the Lessee.
36. REVOCATION OR TERMINATION OF LEASE. The Lease granted by the
City to use or occupy public ways of the City or City property may be terminated for the
following reasons:
LEASE AGREEMENT - 14
U S West AirTouch - August 11, 1998
A. Lessee's construction or operation in the City or in the public ways of the
City or upon City property without proper City authorization;
B. Lessee's construction or operation at an unauthorized location;
C. Unauthorized substantial transfer of control of the Lessee;
D. Unauthorized assignment of Lease;
E. Unauthorized sale, assignment or transfer of Lessee's Lease, assets, or a
substantial interest therein;
F. Misrepresentation by or on behalf of the Lessee in any application or
written statement upon which the City relies in making the decision to grant, review or amend
said Lease;
City property;
Abandonment of telecommunications facilities in the public ways or upon
Failure to relocate or remove facilities as required in this Lease;
I. Failure to pay taxes, compensation, fees or costs when and as due the City;
J. Insolvency or bankruptcy of the Lessee;
K. Failure to construct or operate in accordance with approved permits; and
L. Violation of any material provision or term of this lease.
37. NOTICE AND DUTY TO CURE. In the event that Lessee is in violation of or
defaults under the provisions of the Lease, the Lessee shall be given written notice of the apparent
violation, default or non-compliance, providing a short and concise statement of the nature and
general facts of the violation, default or non-compliance, and providing the Lessee a reasonable
period of time not exceeding 30 days to furnish evidence:
A. That corrective action has been, or is being actively and expeditiously
pursued, to remedy the violation, default or non-compliance;
B. That rebuts the alleged violation, default or non-compliance; and
C. That it would be in the public interest to impose some penalty or sanction
less than revocation.
LEASE AGREEMENT - 15
U S We~t AirTouch - August 11, 1998
38. It_EARING. In the event that the Lessee fails to provide evidence reasonably
satisfactory to the City as provided in Section 37 hereof, the City shall refer the apparent
violation, default or non-compliance to the City Council. The City Council shall provide the
Lessee with notice and a reasonable opportunity to be heard concerning the matter.
39. STANDARDS FOR REVOCATION OR LESSER SANCTIONS. If the City
Council determines that a Lessee willfully violated or failed to comply with any of the provisions
of this Lease or through willful misconduct or gross negligence failed to heed or comply with any
notice given the Lessee by the City under the provisions of this Lease, then the Lessee shall, at the
election of the City Council and upon thirty (30) days prior written notice by City, forfeit all rights
conferred hereunder and the Lease may be revoked or annulled by the City Council. The City
Council may elect, in lieu of the above and without any prejudice to any of its other legal rights
and remedies, to pursue other remedies, including obtaining an order from the Superior Court
having jurisdiction compelling the Lessee to comply with the provisions of this Lease, and to
recover damages and costs incurred by the City by reason of the Lessee's failure to comply. The
City Council shall utilize the following factors in analyzing the nature, circumstances, extent, and
gravity of the violation and in making it's determination under this Section:
A. Whether the misconduct was egregious;
B. Whether substantial harm resulted;
C. Whether the violation was intentional;
requirements;
Whether there is a history of prior violations of the same or other
E. Whether there is a history of overall compliance; and
F. Whether the violation was voluntarily disclosed, admitted or cured.
40. NOTICE OF ENTRY ON PRIVATE PROPERTY. If directed by the City, at
least 24 hours prior to entering private property or streets or public easements adjacent to or on
such private property to perform permitted new construction or reconstruction, a notice indicating
the nature and location of the work to be performed shall be physically posted, at no expense to
the City, upon the affected property by the Lessee. A door hanger may be used to comply with
the notice and posting requirements of this Section. The Lessee shall make a good faith effort to
comply with the property owner/resident's preferences, if any, on location or placement of
underground installations (excluding aerial cable lines utilizing existing poles and existing cable
paths), consistent with sound engineering practices. Provided, however, that nothing in this Lease
shall permit the Lessee to unlawfully enter or construct improvements upon the property or
premises of another.
LEASE AGREEMENT - 16
U $ West Ah'Touch - August I1, 1998
41. SAFETY REQUIREMENTS. The Lessee, in accordance with applicable
federal, state, and local safety requirements shall, at all times, employ ordinary care and shall
install and maintain and use commonly accepted methods and devices for preventing failures and
accidents which are likely to cause damage, injury, or nuisance to the public and/or workers. All
structures and all lines, equipment and connections in, over, under, and upon the streets,
sidewalks, alleys, and public ways or places of a Lease area, wherever situated or located, shall at
all times be kept and maintained in a safe, suitable condition, and in good order and repair. The
City reserves the general right to see that the telecommunications facility of the Lessee is
constructed and maintained in a safe condition. Ifa violation of the National Electrical Safety
Code or other applicable regulation is found to exist by the City, the City will, after discussions
with the Lessee, establish a reasonable time for the Lessee to make necessary repairs. If the
repairs are not made within the established time frame, the City may make the repairs itself or
have them made and collect all reasonable costs thereof from the Lessee.
42. LIENS. Lessee shall not permit any lien to be imposed upon the property of the
City as a result of work done by or on behalf of user and shall indemnify and hold the City
harmless against any and all expenses, including reasonable attorney's fees and court costs in
connection with any such lien.
43. MISCELLANEOUS.
A. This agreement shall be governed by the laws of the State of Washington.
B. The substantially prevailing party in any litigation arising hereunder shall be
entitled to its reasonable attorney's fees and court costs, including appeals, if any.
C. Each party agrees to furnish the other, within ten (10) days after request,
such truthful estoppel information as the other may reasonably request.
D. This Lease constitutes the entire agreement and understanding of the
parties, and supersedes all offers, negotiations and other agreements. There are no
representations or understandings of any kind not set forth herein. Any amendments to said Lease
must be in writing and executed by both parties.
E. If either party is represented by a real estate broker in this transaction, that
party shall be fully responsible for any fee due such broker.
F. If any term of this Lease is found to be void or invalid, such invalidity shall
not affect the remaining terms of this Lease, which shall continue in full force and effect.
G. Any notice or demand required to be given herein shall be made by certified
or registered mail, return receipt requested, to the address of the respective parties set forth
below:
LEASE AGREEMENT - 17
U S West AirTouch - August 11, 1998
LESSOR:
City of Bremerton
Administrative Services Director
239 Fourth Street
Bremerton, WA 98337
LESSEE:
Seattle SMSA Limited Partnership
c/o AirTouch Cellular
eevu 161st Avenue SE MS-223
e, WA 98009-9211
44. NONDISCRIMINATION. Lessee shall not discriminate in employment or
services to the public on the basis of race, color, national origin, sex, religion, age, marital status
or disability, except employment actions based on a bona fide occupational qualification.
Date: f////~//~' ~/
I~ / ~
SEATTLE SMSA LIMITED PARTNERSHIP
BY: AI~'I
Director~
)UCI~ COMM-J-NICATIONS, INC.
PARTNER
CITY OF BREMERTON
Date:
LYNN S. HORTON, Mayor
DEPARTMENTAL APPROVAL:
W. EUGENE SAMPLEY, Director of Public Works & Utilities
APPROVED AS TO FORM:
GLENNA MALANCA, City Attorney
LEASE AGREEMENT - 18
U S West AirTouch - August 11, 1998
State of Washington
County of Kitsap
SS.
On this day of . ,19' ., personally appeared Lynn S.
Horton to me known to be the Mayor of the City ofBremerton, a municipal corporation, that
executed the within and foregoing instrument, and acknowledged said instrumem to be the free
and voluntary act and deed of said municipal corporation, for the uses and purposes therein
mentioned, and on oath stated that she was authorized to execute said instrument.
In witness whereof I have hereunto set my hand and affixed my official seal the day and
year first above written.
Notary Public in and for the State of Washington
Residing at
My commission expires:
RECEIVED FOR FILING:
KATI-ILEEN L. McCLUSKEY, City Clerk
LEASE AGREEMENT - 19
U S W~t AirTouch - Augu*t 1 l, 1998
BiKE WESTBREM- 1
PARTNERSHIP ACKNOWLEDGEMENT
STATE OF WASHINGTON )
)ss.
COUNTY OF KING )
On this 16th day of September, 1998, before me, the undersigned, a Notary Public in and
for the State of Washington, duly commissioned and sworn, personally appeared Gregg Clausius
to me known to be the Director, NW Network Operations of Seattle SMSA Limited Partnership
c/o AirTouch Communications, Inc. d/b/a AirTouch Cellular, the partnership that executed the
foregoing instrument and acknowledged the said instrument to be the free and voluntary act and
deed of said partnership, for the uses and purposes therein mentioned, and on oath stated that he
is authorized to execute the said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
KAREN A. REID -
NOTARY PUBLIC
STATE OF WASHINGTON
COMMISSION EXPIRES
JUNE 29, 2OO2
Notary name printed: Karen A. Reid
Notary Public in and for the State of Washington,
residing at Lynnwood, Washington.
My appointment expires: June 29, 2002
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NEV~E~TOR GROUP,
BREMERTON CITY COUNCIL
AGENDA BILL
1. SUBJECT: Bid Award Recommendation
Imaging System and Budget Adjustment
98-31
ORIGINATING DEPARTMENT: City C.!er~.,
FOR AGENDA OF: 10/IH/98
ORIGINATOR: P"ula Johnston
DATE SUBMI'I-I'ED: 10/01/98
2. CLEARANCES: (comment on back if 3. EXHIBITS:
necessa .q
Administrative Services~-~ z~, Tabulation
City Attorney i,..~_~ ~,/)~/j.,/. /, ,,/~z,/~.~,~.,,r~udget Adjustment
City Treasurer ---'~-'-~/~ "~ .__.lr::~-,~ Evaluation
Police Department
Council Fiscal & Budg~.,./_~
Council Operations
Public Works & Utilities
ENDORSEMENT ,)(' INFORMATION APPROVED BY PoOUNCIL PRESIDENT FOR
I ' SUBMI'I-r'AL: ~, "~ . [ }~"~'""~..j
MAYOR'~*~'~ '~-
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Requests for
proposals were prepared, advertised, distributed and received in accordance with
accepted Call for Bid procedures for an electronic imaging and information
storage/retrieval system. The purpose of the request for proposals was for the acquisition
and installation of hardware and software and training to provide the City with the
capability of scanning and storing documents on CD-ROMS media, and making them
accessible via the City's computer network. (See Summary Statement continuation)
8. RECOMMENDATION:
That City Council accept the proposal by Archive Index Systems for the electronic imaging
and information retrieval system in the amount of $52,217.55 (incl. tax) as to
specifications and approve Budget Adjustment 98-31 within the Police Department Budget
** and approve acquisition of additional licenses and cemponents for 1999 expansion
not to exceed $17,000.00. 9. RESPONSIBLE OFFICIAL: Admin. Services
EXPIRATION DATE:
REVIEW DATE:
10. NOTICE OF ACTION
PULLED TABLED
APPROVED.
DISAPPROVED.~
COUNCIL DIRECTIVE:
DATE:'
11. AGENDA BILL NO:
2. CLEARANCE COMMENTS:
4. SUMMARY STATEMENT, Continued
It is intended that the City Clerk Records, Police Records and Utility Billing History archival
records shall be the first application using imaging technology.
Ten proposals were received and evaluated by staff. While all of the proposed solutions
could probably perform the required tasks, the evaluation reflected that Archive Index
Systems is the least expensive product overall and the one that can be most economically
expanded at a later date to accommodate additional imaging projects. Archive Index
Systems offers the lowest unit charge for training and consulting. The proposed system
is installed and operating in the cities of Kent, Bainbridge Island, Port Angeles and
Furndale. Additionally, a similar system is installed at the Washington State Department
of Ecology, Water Quality Department, Olympia.
** Future expansion of this imaging software will' include the Parks and Recreation and
Community Development Departments during 1999. Currently there is $17,000.00 in the
Information Services computer budget earmarked for this expansion.
5. IMPACT OF NON-PASSAGE:
Records storage areas in the City are rapidly being depleted. Research and retrieval of
documents are consuming an inordinate amount of staff resources. Original documents are
extremely sensitive to loss, misfiling and deterioration.
6. IMPACT ON .STAFFING. BUDGETS. FACILitiES, EQUIPMENT OR OTHER
RESOU~CES:
Funding is divided between Information Services computer budget, Utility and the Police
Department budgets.
7. RESEARCH SOURCES:
Memo
To: Gil Jolmson
From: Bill Eley
Date: Septen-l~ 23, 1998
Subject: Imaging Proposals
I have review~ the proposals received in response to the h dnyffarc v r eval ~P. The ~ o~the
RFP was to find imaging solutions for the City Clerk's record keeping, the twn police records computer
systems currently residing on the NCR Tow~' 32/600 and the utili~ bill~g history files greater than two
years old currently residing on the NCR S40. It was also the intmt to secure a solution that could be
expanded at a later date to accouaiiodate additional imaging projects as needs dictated.
All of the proposed solutions could probably perform the tasks required All provided the desired expand
ability. The proposal submitted by Archive Index Systems, Inc. was the least expemive of all submitted
Equally important their unit charge for training comultmg etc. as might be needed for flame projects, was
the lowest of all responders. Archive Index Systems, Inc. alrmdy have installations at the local
jurisdictions of Bainbridge Island, Kmt and Port Angeles.
The costs for the imaging proposal would be brokm down as follows:
Bremerton Police Departm~t
Hardware 9609
Software 6620
Inst. & Training 3600
Maintenance 2205
Freight 100
TOTAL 22134
General Fund & Utihties (even split)
Hardware 12704
Software 6620
Inst. & Training 5400
Maintenance 2205
Freight 100
TOTAL 27029
ALL prices exclusive of WSST.
Requesting Department:
POLICE
CITY OF BREMERTON
BUDGET ADJUSTMENT REQUEST
Adjustment Number:
98-31
I Approval Authority Required:
r-'~Treasurer
SOURCE OFFUNDS:
Mayor
Amount
DECREASE:
Jail Fees 24,000
Fiscal & Budc, tet
USE OF FUNDS:
INCREASE:
Records Management System
r'~Council
Amount
24,000
NARRATIVE:
This adjustment will provide for the acquisition of a CD based police records management storage system.
The system will be paid for by savings from the jail budget.
Department Head Si~lnature
Treasurer Comments:
Date Director Si~lnature Date
~;~ommended ~--~
Mayor Comments:
Not Recommended~ ~
Treasu re r' s-~G~--~ nat u'~'re~
D~te
.r~ Recommended [-~ Not Recommended
r'--] Approved ~ Denied
Mayor's Sicjnature Date
Fiscal & Budget Committee Comments:
Denied
dget Comrr~tee~ignature
Date
BID TABULATION
IMAGING SYSTEM
IIA liB III.A/B IV-1 IV-2 IV-,3 IV-4 TOTAL
SOFTWARE HRL¥ C CST
SUPPORT DAILY COST ANNUAL COST OF ON-SITE
BIDDER (Includes 10 INSTALLATION HARDWARE COSTS, UPGRADE OF ADD'L OF ON-SITE TIldE &
Users) & TRAINING INSTALLATION USER LICENSE TRAINING SUPPORT MATL'S COMMENTS IIA+IIB+IIIA/B
Archive Index $18,788.64. $9,000.00 Police $10,421.96 $7,050./Lic. $600,00 Don't have $85.00 If the Poice Dept. Is on a separate server, $ 52,207.17
Systems Other 13,996.57 (to 10) annual contract, another CD recorder is req'd for the
$ 24,418.53 $ 85.00/hr. Clerk. ($485,00)
IKON $24,757.5.4~.._ $20,118.69 Police $14,070.62 $4,430 (1 user) 3 user $12,341. 25 userS44,238. (1) $78,872.74
OPTION 1 ~-~.. Other 19.925.89 5 user $17,172. 50 userS63,848
' $33,996.51 $1,629.00 $8,443.00 $217.00 10 user $27,414. 75 user $79,206
OPTION 2 $35,690.63 $13,390.38 $33,996.51 COMMENTS 15 user $34,724. 100 userS91,778. (2) $83,077.52
~_ADIN Police $16,516.37 Users Pdce Maintenance App $7?,077.44
~pp. Xtender) $21,588.00 $11,280.00 Other $ 20,693.07 COMMENTS 5 to 10 $ 9,899. $3,520.
$37,209.44 5 to 15 $17,599. $4,620.
(Disk Xtender) 5 to 25 $30,249. $6,050.
$7,198.00 $11,280.00 $37,209.44 $1,250.00 Rarely needed $80.00 5 to 50 $44,999. $9,000. Disk $55,687.44
Uoorade Pricino for Oracle Users
$1,250.00/day 10 to 15 $ 3,982. $1,800.
(Oracle) plus travel and 10to25 $ 5,900. $3,000.
$4,150.00 $11,280.00 * $37,209.44 $9,899.00 expenses for SJT 10 to 50 $10,325. $6,000. Ora $52,639~4-.
support of OTG, Upgrade Pricing for Oracle users
10to 15 users
MINOLTA "1" $34,250.00 $3,600.00 Police $28,138.26. 5-10 = $7,010. $7,723.00 $1,200.00 User uoorade
Other 33,625.81 5to10 $7,010. "1" $99,614.07
$ 61,764.07 $150.00 10 to 25 $17,125.
25 to 50 $14,795.
$34,250.00 $3,600.00 Police $ 29,279.64 5-10 = $7.010, $1,200,00 $ 7,179.00
Other 31,363.68 "2" $98,493.32
MINOLTA "2" $ 60,643.32
YALETOWN
TECH "1" $11,350.50 $221,902.80 Opt I $12,816.60 10% of software $1,800.00 Opt. 151,800/day. $225.00 Annual cost on site requirements would "1" $246,069.40
"2" $11,350..50 $221,902.80 Opt 2 $10,985.39 solution Opt.2 Ne~lotiate need to be set "2" $244,2 38.69
I
1. SUBJECT:
1999 CDBG Citizens Advisory
Recommendation
AGENDA BILL
BREMERTON CITY COUNCIL
FOR AGENDA OF: October 14, 1998
ORIGINATING DEPT.: DECD
ORIGINATOR: Deborah Peavler-Stewart
DATE SUBMITTED: September 29, 1998
2. CLEARANCES:
/~/
Director of Economic and Community Development
City Attom~
Operations Commil~~~'--~
3. EXHIBITS:
Recommendations
ENDORSEMENT X
MAYOR:~
INFORMATION
cOtrNCIL PRESIDENT
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
The City of Bremerton will receive an estimated $550,000 in Community Development Block Grant Funds for
1999 from HUD. Applications for funds were accepted on August 18. We received 32 applications requesting
$1,270,065.00. City staff reviewed the applications to determine that they met threshold requirements and were
consistent with HUD regulations. The Citizens Advisory Committee (Roy Mcinnes, Tina Davis, and David
Willis) reviewed the applications, interviewed each applicant, and rated the project in accordance with the
approved action plan. The Advisory Committee's recommendations are attached.
8. RECOMMENDATION:
Move to approve the Citizen's Advisory Committee recommendations as presented.
RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:
REVIEW DATE:
PULLED TABLED
COUNCIL DIRECTIVE:
10. NOTICE OF ACTION
APPROVED DISAPPROVED
AMENDED
2. CLEARANCE COMMENTS:
None
5. IMPACT ON NON-PASSAGE:
Unable to submit required Action Plan to HUD
6. IMPACT ON STAFFING~ BUDGETS, FACILITIES~ EQUIPMENT OR OTHER RESOURCES:
None
7. RESEARCH SOURCES:
1999 CDBG Program
PUBLIC SERVICE APPLICATIONS
AMOUNT AMOUNT AMOUNT
Rank APPLICANT PROJECT REQUESTED RECOMMENDED APPROVED
1 Kitsap Community Resources Housing Services $30,000 $25,000
2 Kitsap Sexual Assualt Child Abuse Intervention $12,500 $12,500
3 Bremerton Services Association Chuckwagon Meals on Wheels $13,000 $12,500
4 YMCA YMCA Child Care Scholarships $ 7,600 $ 7,600
5 Bremerton Foodline Bremerton Foodline $20,400 $ 7,600
6 YWCA of Kitsap County YWCA ALIVE Program $35,000 $ 7,600
7 Community Resource Center Family Financial Resources $31,382 $ 7,600
8 City Parks Department Playground Express $25,000 $ 2,100
9 Kitsap Community Health Ctr Health Care Access $25,000 -0-
10 Literacy Council Basic Word Skills $13,776 -0-
11 Transitions Transition Teen Rescue Project $25,000 -0-
12 RMH Services For the untreated mentally ill $24,200 -0-
13 City Parks and Recreation Dept Youth Blacktop Basketball $6,690 -0-
14 Project Prevention Kinsfolk Internet Caf6 $25,000 -0-
15 Greater Love Charities Computer Science Center $25,000 -0-
1999 CDBG Program
PLANNING APPLICATIONS
AMOUNT AMOUNT AMOUNT
Rank APPLICANT PROJECT REQUESTED RECOMMENDED APPROVED
1 City of Bremerton DECD Manette Plan $18,500 $18,500
2 Bremerton Kitsap County Health District Locally focused health assessment $19,073 $ 1,500
*'90,000 set aside for administration of CDBG program.
1999 CDBG Program
CAPITAL PRO3ECT APPLICATIONS
AMOUNT AMOUNT AMOUNT
Rank APPLICANT PROJECT REQUESTED RECOMMENDED APPROVED
1 Kitsap Day Care Child Service Facility Preservation $49,953 $49,953
2 City of Bremerton Parks and Recreation Manette Playfield $62,500 $62,500
3 City of Bremerton Public Works ADA Sidewalk Access $20,000 $20,000
4 YWCA of Kitsap Community Center Renovation $100,000 $60,047
5 City of Bremerton Public Works Traffic Calming $25,000 -0-
6 Kitsap County Historical Society Removal of Arch. Barriers $23,328 -0-
7 Parks and Recreation Department Haddon School Site Restrooms $55,100 -0-
8 Transitions Transitions Teen Rescue Center $90,000 -0-
9 City of Bremerton Public Works Burwell Hill Climb $14,000 -0'
10 Admiral Theater Foundation Renovation Project $21,963.75 -0-
11 Project Prevention Kinsfolk Internet Caf~ $90,000
12 Greater Love Charities Computer Science Center $90,000 -0-
1999 CDBG Program
HOUSING APPLICATIONS
AMOUNT AMOUNT AMOUNT
Rank APPLICANT PROJECT REQUESTED RECOMMENDED APPROVED
1 North Kitsap Habitat for Humanity Land Acquisition $20,000 $20,000
2 Kitsap Community Resources Weatherization $125,000 $45,000
3 City of Bremerton DECD code Enforcement $30,000 -0-
**$100,000 set aside for Cii~ of Bremerton Housing Programs '"
1999 CDBG
PUBLIC SERVICE APPLICATIONS
Organization: Kitsap Community Resources
Proposed Project: Housing Services
Description of Project: Emergency and transitional housing services for homeless and
low income Bremerton residents.
Amount Requested: $30,000 I Amount Recommended: $25,000
Organization: Kitsap Sexual Assault Center
Proposed Project: Child Abuse Intervention
Description of Project: The child abuse intervention project will provide legal/medical
advocacy, crisis intervention, assessment of needs, counseling, parent education,
information and referral.
Amount Requested: $12,500 I Amount Recommended: $12,500
Organization: Bremerton Services Association
Proposed Project: Chuckwagon Meals on Wheels
Description of Project: Chuckwagon volunteers deliver nutritious meals to homebound
Iow income elderly persons residing in Bremerton.
Amount Requested: $13,000 I Amount Recommended: $12,500
Organization: YMCA
Proposed Project: YMCA Child Care Scholarships
Description of Project: To provide scholarships which enable low income and very low
income children to participate in latchkey childcare.
Amount Requested: $7,600 I Amount Recommended: $7,600
Organization: Bremerton Foodline
Proposed Project: Bremerton Foodline
Description of Project: Funds from this grant will pay the salaries of Bremerton
Foodline's two part time employees.
Amount Requested: $20,400 I Amount Recommended: $7,600
Organization: YWCA of Kitsap County
Proposed Project: YWCA ALIVE Program
Description of Project: The YWCA ALIVE program provides temporary emergency
shelter, legal advocacy and a comprehensive range of supportive services for domestic
violence victims and their children.
Amount Requested: $35,000 I Amount Recommended: $7,600
Organization: Community Resource Center
Proposed Project: Family financial resources
Description of Project: Funds will be used to administer programs for low income
people, including transitional housing education and Training in financial management,
life skills and homeownership.
Amount Requested: $31,382 I Amount Recommended' $7,600
Organization: City of Bremerton Parks and Recreation Department
Proposed Project: Playground Express
Description of Project: Funds will be used to provide free organized recreation
programs for youth ages 6-11 in four locations in Bremerton. The program would run for
8 weeks.
Amount Requested: $25,000 I Amount Recommended: $2,100
Organization: Kitsap Community Health Centers
Proposed Project: Health Care Access
Description of Project: Funds to hire a FTE medical assistant to assist a newly hired
physician at the Bremerton site in providing health care services to the low income
population of the city of Bremerton.
Amount Requested: $25,000 I Amount Recommended: -0-
Org'~anization: Literacy Council of Kitsap
Proposed Project: Basic Word Skills
Description of Project: Funds will be used to provide adult basic education and GED
preparation classes to low/very low income adults in Bremerton so they can pass the
GED and get a job.
Amount Requested: $13,776 I Amount Recommended: -0-
Organization: Transitions
Proposed Project: Transition's teen rescue project
Description of Project: Funds will be used to administer the teen rescue program that
provides training and shelter for homeless teens.
Amount Requested: $25,000 [ Amount Recommended: -0-
Organization: RMH Services
Proposed Project: For the Untreated Mentally Ill
Description of Project: Intensive mental health case management services for untreated
chronically mentally ill adults with a history o£ instability in the community leading to a
high rate of homelessness, multiple arrests and incarcerations, multiple involuntary
psychiatric and drug/alcohol hospitalizations, and excessive and inappropriate use of' the
emergency room.
Amount Requested: $24,200
Amount Recommended: -0-
Organization: City of Bremerton Parks and Recreation Department
Proposed Project: Youth Blacktop Basketball Program
Description of Project: Funds will be used to provide a quality outdoor blacktop
basketball program for Bremerton youth at two courts on Sheridan Road and one court at
Lion's Park on Lebo Blvd.
Amount Requested: $6,690 I Amount Recommended: -0-
Organization: Project Prevention
Proposed Project: Kinsfolk Internet Caf6
Description of Project: Funds will be used to administer the Kinsfolk Internet Caf6
Amount Requested: $25,000 t Amount Recommended: -0-
Organization: Greater Love Charities
Proposed Project: Computer Science Center
Description of Project: Funds will be used to administer the computer science center.
Amount Requested: $25,000 I .&mount Recommended: -0-
1999 CDBG
PLANNtNG APPLICATIONS
Organization: City Department of Economic and Community Development
Proposed Project: Manette business district/neighborhood plan
Description of Project: Develop a 20 year plan for the Manette neighborhood to prepare
the neighborhood for the 21 st Century. Focus on the viability of the business district, the
traffic circulation system, and the capacity of the water, sewer and storm water systems to
accommodate planned growth.
Amount Requested: $18,500 I Amount Recommended: $18,500
Organization: Bremerton Kitsap County Health District
Proposed Project: Locally focused health assessment for planning and evaluation
Description of Project: Planning project to add geographic systems capacity to the
health districts current assessment function so that neighborhood level health and socio-
demographic data can be added to the county wide planning support already being
provided to the existing network of prevention partnerships.
Amount Requested: $19,073 I Amount Recommended: $1,500
1999 CDBG
HOUSING APPLICATIONS
Organization: North Kitsap Habitat for Humanity
Proposed Project: Land acquisition
Description of Project: Land acquisition for one or more Habitat homes
Amount Requested: $20,000 I Amount Recommended: $20,000
Organization: Kitsap Community Resources
Proposed Project: Weatherization
Description of Project: Project will provide funds for home weatherization and minor
home repair services to low income households in the City of Bremerton.
Amount Requested: $125,000 I Amount Recommended: $45,000
Organization: City ofBremerton DECD
Proposed Project: Code enforcement
Description of Project: Project will provide funding to hire an additional full time
employee who will perform code enforcement duties in conjunction with the current code
enforcement officer.
Amount Requested: $30,000 I Amount Recommended: -0-
1999 CDBG
CAPTTAL PRO3ECT APPLTCATIONS
Orgauization: Kitsap Day Care Association
Proposed Project: Child Services Facility Preservation Project
Description of Project: Installation of new siding, replacement of windows and painting
of building at 1198 Elizabeth Avenue which is a City owned building that is occupied by
Kitsap Child Care Center and KCR Head Start/ECEAP.
Amount Requested: $49,953.01 I Amount Recommended: $49,953
Organization: Bremerton Parks and Recreation Department
Proposed Project: Manette Playfield Improvements
Description of Project: Installation of irrigation system and sodding of Manette youth
playfield and ADA access into the two tennis courts, plus the reconstruction of stairs
from the parking lot to the play field, making them uniform in height and depth.
Amount Requested: $62,500 I Amount Recommended: $62,500
Organization: Bremerton Public Works Department
Proposed Project: ADA Sidewalk Access Program
Description of Project: Construct the highest prioritized sidewalk ramps as ranked from
the City's ADA Sidewalk Access Prioritization developed by the City's Disability Action
Committee.
Amount Requested: $20,000 I Amount Recommended: $20,000
Organization: YWCA of Kitsap County
Proposed Project: Phase II Renovation Project
Description of Project: Renovation of the basement portion of the YWCA Community
Center at 905 Pacific Avenue to house services offered by the YWCA.
Amount Requested: $100,000 ] Amount Recommended: $60,047
Organization: Public Works
Proposed Project: Traffic Calming
Description of Project: Respond to community requests for non-standard traffic
calming devises in low income areas.
Amount Requested: $25,000 I Amount Recommended: -0-
Organization: Kitsap County Historical Society Museum
Proposed Project: Removal of Architectural Barriers
Description of Project: Alteration of an existing restroom to make it handicapped
accessible; installation of wheelchair accessible drinking fountains and the installation of
an automatic, power-assisted door opener and closer in accordance with the ADA
Amount Requested: $23,328 [ Amount Recommended: -0-
Organization: Bremerton Parks and Recreation Department
Proposed Project: Haddon Park Restroom
Description of Project: Provide filnding for the construction cfa restroom at the newly
constructed "old Haddon School Site: park located on the north west comer of Layfette
and 15th Street.
Amount Requested: $55,100 [ Amount Recommended: -0-
Organization: Transitions
Proposed Project: Transition's teen rescue center
Description of Project: Purchase a building at 2220 Anderson to house homeless teens.
Amount Requested: $90,000 I Amount Recommended: -0-
Organization: Bremerton Public Works Department
Proposed Project: Burwell [Iill Climb
Description of Project: Design and implement the Charleston Community Plan's
Burwell Hill Climb on the 2700 block of Burwell Street between Callow and Wycoff
Avenues. This phase would include landscaping and improved lighting,
Amount Requested: $14,000 I Amount Recommended: -0-
Organization: The Admiral Theater Foundation
Proposed Project: Admiral Theater Renovation Project
Description of Project: Funds will be used to construct show cases for the Evergreen
Children's Theater's International Puppet Collection and for track lighting and
performance back drops.
Amount Requested: $21,963.75 I Amount Recommended: -0-
Organization: Project Prevention
Proposed Project: Kinsfolk Intemet Caffi
Description of Project: Purchase a building at 990 Sylvan Way which will house an
intemet caf~ which will provide direction to youth in grades 5-12.
Amount Requested: $90,000 I Amount Recommended: -0-
Organization: Greater Love Charities
Proposed Project: Building Purchase
Description of Project: Purchase building at 990 Sylvan Way in Bremerton to house a
computer science center to train youth and adults concerning computer operations.
Amount Requested: $90,000 I Amount Recommended: -0-
AGENDA BILL
BREMERTON CITY COUNCIL
SUBJECT: Resolution #
regarding Fluoride Initiative
Petition
FOR AGENDA OF: October 14, 1998~
ORIGINATING DEPT: Admin. ServicerS)/
ORIGINATOR: P. Johnston
DATE SUBMITTED: October 7~ 1995
~: (comment on back 3.
if necessary)
Attorney
Resolution
MAYoRENDORSEMENT---~~ ~N~ION.
COUNCIL PRESIDENT ~b~ ~-~
4. SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIL ACTION:
The Fluoride Initiative Petition was certified by the County Auditor on
September 25th, 1998. RCW 35.17.260 provides for the matter to be presented
to the Council within 20 days of certification of sufficiency of signatures.
The Council must either:
A. Pass the Ordinance as proposed in the Initiative Petition stating
that the water supply of the City of Bremerton shall not be artificially
fluoridated or;
B. Pass Resolution # ~7~ authorizing the placing of the proposition
on the February 2, 1999 Special Election.
8. RECOMMENDATIQN:
Motion to pass Resolution #
February 2, 1999 Special Election.
placing a proposition on the
RESPONSIBLE OFFICIAL: Admin. Svcs. Dir,
ENFORCEMENT OFFICIAL: Admin. Svcs. Dir.
EXPIRATION DATE:
REVIEW DATE:
PULLED TABLED
COUNCIL DIRECTIVE:
10. NOTICE OF ACTION
APPROVED__ DISAPPROVED
DATE:
11.
AGENDA BILL NO:
CLEARANCE COMMENTS (cont.):
4. SUMMARY STATEMENT (cont.):
IMPACT ON NON-PASSAGE:
Required by Law.
IMPACT ON STAFFING~ BUDGETS~ FACILITIES. EOUIPMENT OR OTHER RESOURCES
City will be billed for percentage of election costs.
7. RESEARCH SOURCES:
RESOLUXXON No.
A RESOLUTION of the City of Bremerton, Washington
providing for the submission to the qualified electors of the
City at the February 2, 1999 Special Election, a Proposition
to "Stop Fluoridation of the Water Supply of Bremerton,
Washington".
WHEREAS, an Initiative Petition signed by registered voters, equal in number to at least
twenty-five percent of the total votes cast for all candidates for Mayor at the last preceding City
of Bremerton election, has been filed with the City Clerk as provided for in RCW 35.17.260.
WHEREAS, the City Clerk, through the Kitsap County Auditor, on September 25, 1998,
verified the sufficiency of the signatures thereto.
WHEREAS, RCW 35.17.260 provides for the matter to be presented to the City Council
within 20 days of certification of sufficiency of signatures for either adoption of ordinance as
proposed or to forward the initiative to election on February 2, 1999.
WHEREAS, the County Auditor requires a Resolution approved by the City Council
authorizing the placement of the proposition on the February Special Election.
WHEREAS, the Bremerton City Council by passage of this Resolution takes no position
on the proposition in forwarding to this item to the County Auditor.
NOW, THEREFORE, BE IT RESOLVED by the Bremerton City Council that a
proposition to "Stop Fluoridation of the Water Supply of Bremerton, Washington" be placed on
the February 2, 1999 Special Election.
BE IT FURTHER RESOLVED that the City Attorney shall draft and forward the
appropriate ballot title to the County Auditor for the Proposition.
PASSED by the City Council of the City of Bremerton this 14th day of October 1998.
DAVID FARR, Council President
AGENDA BILL
BREMERTON CITY COUNCIL
SUBJECT:
Set Public Hearing- Resolution
Vacation
Applicant: Michael Thorniley
FOR AGENDA OF: October 14, 1998
ORIGINATING DEPT: ECD
ORIGINATOR: Jon H01an (:, ii/,
DATE SUBMITTED:
CLEARANCES: (Comment on Imckifnecessary)
Dir. of ECD: ~
3. EXHIBITS:
1. Resolution # c9~'-7~
_. 2. Ordinance
3. Application for Alley Vacation
4. Planning Commission Resolution 98-04
5. StaffReport to Planning Commission %15-98
6. Assessment Letters
ENDORSEMENT ~ INFORMATION APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL:
MAYOR >~' ~'--~ COUNCIL V~Rff?_~lff....~~________(~
4. $~~RY STATEMENT AND ~QU~EMENTS FOR COUNC~ ACTION:
Michael Thomiley, owner of parcels on both sides of an undeveloped alley within Block 3 of the Charleston Na'~w View addition.
The City Council, as the legislative body, must establish a public hearing date by resolution to consider the vacation request.
RECOMMENDATION: 0~ ~
It is recommended that Council, by Resolution # ~/','~ .~, set the public hearing datelto consider the alley
described in the ordinance be vacated and revert t~)-t'~e OWnership of adjoining property owner.
9. RESPONSIBLE OFFICIAL: Jon Holan
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:
REVIEW DATE:
N/A
N/A
10. NOTICE OF ACTION
PULLED TABLED
COUNC~L DmECTWE:
APPROVED
DISAPPROVED AMENDED
DATE:
45
11. AGENDA BILL NO.:
2. CLEARANCE COMMENTS:
a. The vacation application fee was paid on 08-12-98. The one-half of appraised value, pursuant to
RCW 35.79.030, was paid on 09-25-98.
b. The Planning Commission, at their 9-15-98 meeting, referenced the alley as 10 feet wide based upon
the scaled measurement fi.om the assessor's quarter section map.
The City Council reference of the alley as 12 feet wide is based upon the Engineering staff review of
the legal description for reference to the City Attorney's letter of assessment dated 9-8-98.
5. IMPACT OF NON-PASSAGE:
The City would continue to be obligated for this undeveloped alley.
6. IMPACT ON STAFFING. BUDGETS. FACILITIES. EQUIPMENT OR OTHER RESQI. JRCES:
Additional stafftime and resources would be required to be obligated in the future to be prepared to
maintain the alley land area.
7. RESEARCH SOURCES:
N/A
AGBILL.KES
RESOLUTION NO. a~(a'7 ~'~
A RESOLUTION of the City Council of Bremerton, setting a date for hearing the Petition
to Vacate the North 213.01 feet of 12 foot wide Undeveloped Alley located South of Ist
Avenue between Yantic Avenue and Hartford Avenue.
WHEREAS, the City of Bremerton has received a petition to vacate the north 213.01 feet of
12 foot wide undeveloped alley located south of 1st Avenue between Yantic Avenue and Hartford
Avenue; and
WHEREAS, Bremerton Municipal Code 11.20.040 requires the City Council to set a time
for a hearing on the petition; now, therefore
BE IT RESOLVED BY THE BREMERTON CITY COUNCIL THAT
Section 1. The petition to vacate the north 213.01 feet of 12 foot wide undeveloped alley
located south of 1st Avenue between Yantic Avenue and Hartford Avenue shall be heard and
determined at the City Council hearing on November 4, 1998, beginning at 5:30 p.m.
Section 2. The City Clerk shall post the required notices.
PASSED by the City Council of the City of Bremerton this __
day of , 1998.
DAVID D. FARR
Council President
Resovacate 10/06/98
2,-7
ORDINANCE #
AN ORDINANCE VACATING THE NORTH 213.01 FEET OF 12 FOOT WIDE
UNDEVELOPED ALLEY LOCATED SOUTH OF 1ST AVENUE BETWEEN YANTIC
AVENUE AND HARTFORD AVENUE
WHEREAS, Michael Thorniley, owner of the property abutting both sides of the 12 foot
wide requested portion of the undeveloped alley has initiated proceedings for vacation of said
alley.
WHEREAS, notice has been posted and published according to law; and
WHEREAS, the City Council finds that the portion of the right-of-way set forth herein is
not needed for present or future use and should be vacated to allow the abutting property owner
to maintain the parcel, now therefore
TH]E CITY OF BREMERTON DOES HEREBY ORDAIN:
Section 1. Vacation. The following alley is hereby vacated to the adjoining property
owner.
Section 22, Township 24 N., Range 1 E. W.M. That portion of the plat of Charleston
Navy View Addition #3736, recorded in volume 4, page 81, records of Kitsap County,
Washington described as follows:
That portion of the Alley being 12 feet wide, lying within block 3 of said plat of Charleston Navy
View Addition, lying between lots 1-7 and 46-52.
Section 2. Effective Date. This vacation shall become effective ten (10) days from
passage and publication.
APPROVED, by the City Council on the first reading this
,1998.
day of
PASSED by the City Council of the City of Bremerton this
, 1998.
day of
DAVID FARR
Council President
APPROVED this
day of
, 1998.
LYNN HORTON, Mayor
ATTEST:
PAULA JOHNSTON, Deputy City Clerk
A3PLIC_~TION FOR RiGHT-OF-~'A! VAC_%TiCN
TO TEE F LA.%'N i N'G CC~.M iSSiGLq
~KEMEF, TCN:
& CiTY C~'UNCiL CF TSE CiTY
REQUEST: Right-of-Way Vacation Peri,ion.
Tract:
LEGAL DESCRZPTION OF PROPERTY to
be vacated: Area cf
PARCEL LOCATION:
Street Frontage:
Adjacent or
(atuach additional sheets if
(Give brief descript~_on
necessary)
of geographic
location)
nearest street _~.ntersection:
CUR_RENT ZONING:
SUR.qOUNDING USE(S}:
z. i998
EE dERTON
bi'_D:Nu ,-. .......... .-, ,
East:
West:
P~xDIai~ b&s~s ~a~ .,"equ. esr. ~.a vacate
Describe how ~''~
~n_s requesu is cans!stent with, ku: nat !ira!zed
the Comprehensive Plan, Shoreline Management Master Drcc_r:_~,, and
other state and !aca!'laws:
Describe haw the ~ub!ic. interest w___~ dek st be served ky this
right-of-way -
V=C= ~._ Orl:
List any easement and/or existing utilities either public or
private that abut or cross the proposed vacation.
Attach additional sheets if necessary.
PROPERTY OWNERS: List names, mailing addresses of all owners of
the abutting property(s) that will receive vacated area property:
CON.ACm~ ~ :=RcCu,..._ ,,, (to receive ali ccrres:cnd~-.co,... _ advisory rencrt,
hearinc, notice, e~c-. , ky mai! anc :: be :.-~'..~=.3 .... phone and
FECNE :3~-~F~- ~,~..~_Lr ~ r.=~A._. ._~m~ -=HCNE __'~ - =.. ..... ,~ : ~-- ~ 5? 3 ~L
_IMPORTANT:
9l~ase check application and a:Hachmen:s with the
~kanninc De~artmen~ before F:~;~
ATTACHMENTS
!" = !00' scale Kitsap Cauntv_ Asaessc-'s man copy with
the subject site in the cente~ o= the,~..~-- ('Note: More
than one she=~_~ of the assessor's ma~..may_ be needed to
obtain proper "centering~ of the suzHec~ site an the
assessor's map copy submitted with your app!ication./~'~-~$~=~T-
Letter from Title Campany~ ar list =~am County Tax
Assessor roles, listing the property from owners of
recor~ and their addresses, w~' ~_~n_., 250 feet of the
exterior boundaries of land
Any saber information that will define your proposal
including site plan, map of surrounding !and uses and
zoning, etc./~-/~. ~_~-~_~.e- ~.~., / ~ ~~.~ ~
IMPORTANT: Please check application and attachments with the
Planning Department before filing. A public hearing wi!! be
scheduled only after a complete application, including all
attachments, is received. Additional supporting information may
be attached to this application as desired by the applicant or as
requested by the Planning Depart~ent.
i HE.~.EBY STATE THAT ! ~w. THE ~3PL!CANT, CR ~_M AGENT FUR THE
APPLICANT, LIS~=
~E, ~D ALL ZNFO~kTiON ~ EVIDENCE 5EF~;~ZTH SUBMITTED A.~
~L ~SPECTS kND ~ THE ~EST OF ~ KNCWLEiGE A~WD ~ELiEF, TRUE
COMPLETE. i UNDE~T:~=WD THAT THE FiLiNG FEE ACCCM~ANY!NG THIS
APPLICATION .IS NOT ~FU~LE, iS ONLY FOR THE PU~OSE
P.~qTiA Lr.Y DEFraYiNG ~E NO RM3~ ~MiNiST~AT !VE EXPENSES OF
PROCESSING THE ~PLiCATiON, AND THAT ~HE =' CF
- - ~YMENT SAiD ==z
NOT ~SULT IN ~UTO~ATIC iSSUaNCE OF THE ---u-~ RE~:rc~=n iN
~PLiCATION.
S'~c~nature ~f Applicant
Printed Name of
Date
Date
LE::,Z.L OE£C,:,.':.?T:.L3N OF
This zati:ion was filed on
and r.t ~na~ c~me the fee was
As se.'- for'-h in ~" - 7~ ~ ' '~ -' "'
", _,~n amcun~ which does nec ~_xc___~ ~ne n~,,'-:= -w....= .... =..r~i~.ad '/alue of :he .... ~-:= sc
vacated.
001
022
024
025
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Oct. 29, 1997
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BREMERTON PLANNING CO.MNIISSION
RESOLUTION ---.98-04
A Planning Commission RESOLUTION to not conduct a pretiminao' public
hearing for the vacation of an undeveloped public alley.
Whereas, an application for a Petition to Vacate an undeveloped alley was submitted by
lVlr. and Mrs. Thorniley ofNordland, W.& which stipulates that the petitioners are the
owners of the two parcels adjacent to both sides of the referenced alley, as described
within Street Vacation file SV98-0002. and
Whereas, the referenced alley is completely undeveloped and not used bv anv public
infrastructure, or any private utility service provider: and
Whereas, the area of the requested vacation is determined to be approximately 2,130
square feet, as determined bv the dimensions of 10 feet wide and 213.01 feet long, with a
determined valuation of $3,291.97 for consideration bv the Bremerton City Council, and
Whereas, the Bremerton Planning Commission has determined that a preliminary public
hearing will not present substantive issues not addressed bv the various city departments,
nor is it likelv that other parcels owners will be affected since the parcels adjacent to the
alley are owned by the petitioners; and furmermore the public nearing before the
Bremerton City Council will provide the general public an opvo~unitv to present their
concerns and expectations, as provided for within Bremerron Municipal Code 11.20. and
Whereas, the procedural process has been fulfilled, including the SEPA exception as
permitted by WAC 197-11-800(2)(h),
NOW, THEREFORE, BE IT RESOLVED, the Bremerton Planning Commission does
hereby determine that the Thorniley petition for alley vacation does not require a
preliminary public hearing pursuant to BMC 11.20.030.
BE IT FURTHER RESOLVED, the Bremerton Planning Commission recommends the
APPROVAL of the Petition for Vacation of the referenced alley.
Approved this 15th day of September, 1998.
?
BILL ROBINSON, Committee Chair
AGENDA ITEM
BREMERTON PLANNING COMMISSION
FOR AGENDA OF: September 15. 1998
ORIGINATOR: Mike Rems
COMMITTEE CHAIR: Bill Robinson
-1 PUBLIC MEETING
STUDY SESSION
7-1 INFORMATION
SUBJECT:
Planning Commission Resolution for not conducting a preliminary, public hearing
for the Thorniley petition to vacate an undeveloped public alley.
, 9"
Applicant: Michael Thornilev. 2860 E. Marrowstone Island. Nordland. WA 8.;,, 58
2. SUMMARY STATEMENT & REQUIREMENT FOR COMMISSION ACTION:
Pursuant to BMC 11.20.030, the Planning Commission may determine if it wishes to hold
a preliminary public hearing on a petition for public way vacation, bv establishing a time. place.
and notice.
3 EXHIBITS
A. Application
B. Assessor Tax Lot Map
C. Utility Arial Map
D. Zoning Map
E. CopyofBMC Chapter 11.20
F. Planning Commission Resolution 98-04
*NOTE: The exhibit list, with
.the exception of "E" is inclusive
with the City Council packet
4. RECOMMENDATION: The Planning Staff recommends that the Planning
Commission adopt Resolution 98-04 to not require a public hearing for this petition to
vacate an undeveloped ten foot alley, as referenced, and hereby approve and forward the
petition to the City Council for their review and action.
MODEL MOTION:
I move that the Bremerton Planning Commission adopt Resolution
98-04 to not require a Public Hearing before the Planning
Commission on the Thorniley Petition to Vacate an undeveloped
ten toot wide alley, as referenced, and recommend that the
Bremerton City Council approve the requested street vacation.
STAFF fiUM~IARY ANALYSIS
Process:
The application and petition was received on A. ugust I",. 1998.
According to Zoning Code 21.02.850 the application is a TYPE li1 Citv Council Decision
tbllowing a public hearing betbre them. The action is subject to a recommendation
provided by the Planning Commission after a pubiic meeting.
According to Bremerton Municipal Code (BMC) Chapter 11.20.030. the Planning
Commission may conduct a public heating. If so the matter would be scheduled for the
October Commission meeting.
Petition:
The petition is to vacate the north 213.01 feet of an undeveloped ten (10) foot wide alley
in Block 3 of the Charleston Naw View- Addition. located between Yantic Avenue and
Hartford Avenue, immediately south of 1st Avenue.
The alley is between agHegated lots number 1 throug.h 7, with tax # 3736-003-001
fronting Hartford Street. and aggregated lots number 46 through 52 with tax
#3730-003-046 fronting Yantic Avenue. Both ag~egated parcels are .49 of an acre for a
total of both parcels of.98 of an acre, or approximately 42,688 square feet.
The area of the proposed vacation (213.01 X 10) will be 2,130 square feet and
combined with the existing two parcels will be an area of 44,818 square feet.
Since the petitioner is owner of both aggregated parcels, it is his desire to absorb the
2,130 square feet into the two existing parcels for a contiguous ownership.
Site Characteristics:
The topography is hilly with the grade sloping toward the east. The zone is SF-3 with the
Comprehensive Plan designation of MDR. The use to the north is Forest Kidge Park and
the surrounding use is residential.
There is currently one single family residence (105 Yantic Avenue) located on the western
.49 acre parcel and no structures on the eastern .49 acre parcel.
SE PA: Street and alley vacations are exempt per WAC197-11-800(2) (h).
Comment Survev:
Engineering Dept: They checked the tegaJ and had no comments.
Building Dept: No comments
Puget Sound Energy: No utilities in alley
Cascade Natural Gas: No utilities in alley
This alley has not been sen'ed by public or private utilities since the plat was originally'
approved.
Valuation:
The Department of Public Works has determined that the proposed vacated alley has an
estimated value of $3.291.97. The estimation was ~brwarded to the City Attorney office
to inform the petitioner as a preparation for the City Council consideration and public
hearing.
Chapter 11.20
STREET AND AJ_J.,EY VACATION
PROCEDURE
11.20.010
11.20.020
11.20.030
11.20.040
11.20.050
11.20.060
11.20.070
PETITION - DESIGNATED.
PETITION -
~ATION~ FEE AND
REFERRAL.
REARING BY PLANNING
COM2M~SION
RECOM2~t~gNDATION$.
HEARING BY COUNCIL -
RESOLUTION AND
NOTICE.
PROCESSING COSTS AND
AUTHOIilZATION BY
DRNIAL - RETURN OF
11.20.010 PETITION - DESIGNATED.
Any owners having an interest in any
real e6-tate abutting upon any street or alley who
may desire to vacate the street or alley, or any
part thereof, shall pet/t/on the city council to
make wa_~_ti_'on in the mamacr provided in ~
chapter. (Ord. 2334 §1, 1959).
11.20.020 PETITION -
EXAMINATION, FEE AND
REFERRAL.
The petition shall be presented to the city.
engineer for examination prior to the payment of
the filing fee. The petitioners shall then present
the petition to the c/ty treasurer, and pay the_
treasurer a filing fee as provided for by resolution
of the city council. The city treasurer, upon
l'e~ipt of ~ch filing fee, shall eBd01'~ llpoll Lhe
petition a receipt of payment, and, in ~ctrtition
thereto, furnish to the petitioner a separate
written receipt showing the payment The petition
shall then be presented to the clerk who will in
turn refer/he petition to the planning cowmir, sion
for ¢:~mirmtion and recommendation. (Ord. 3698
§9, 1982; Ord. 3597 §'7, 1980; Ord. 2334 §2,
1959).
11.20.030 HEARING BY PI.,ANN~G
COM2MISSION
RECO/~-MENDATIONS.
The planning commission may, if it sees
fit, hold a preliminary public hearing thereon at
such'time, place, and upon such notice as the
commission may determine. The petitioners and
all other persons interested in the vacation shall
have an oppommity to be heard at the hearing.
The planning c0rnmim0n ~er SUC~ hearing
shall return the petition to the city council w/th its
written recommendations. (Ord. 2334 §3, 1959).
11.20.040 H2EARING BY COUNCIL -
RESOLUTION AND
NOTICE.
Upon receipt of the petition and
recommendation, the council will then set a
when the petition shall be heard and shall ~
the. city attorney to draft a resolution, in~.which
the time the petition ~h~ll be heard shall be
determined, which _qhall be llot more ti'ali1 sixty
days nor less than twenty clays after the date of
adoption of the resolution, and the city clerk shall
give twenty days' notice of the pendency of the
petition by written notice posted in three of the
most public places in the city and a like notice ia
a conspicuous place on the street or alley sought
to be vacated. The notice shall contain a
statement that a petition has been fled to vacate
the street or alley descn'bed in the notice, together
with a statement of the time and place fixed for
the hearing thereof. (Ord. 2334 §4, 1959).
11.20.050 PROCF~SING COSTS AN'I)
FILE'qG ieEE.
If the costs of processing the petition for
vacation is greater than the fee, then the city shall
demand and receive from the petitioners, before
vacating the street, the difference between the
costs involved and the filing fee. (Ord. 2334 §5,
1959).
11.20.060 AUTHORIZATION BY
ORDINANCE.
At ~ time appointed for the hearing of
the peXifion, the petition shall be heard and if the
council determines to grant the petition or any
11-12
for tl~ mn by tl~ city of all easements or
rightx in respect .to the va~mted land for the
constn~on, r=pair anti rrmlnt_~rmn~ of public
u.tilitie~ and sereioes. (Ord. 2334 i~5, 1959).
11.20.070 DENIAL - RETURN OF
FII,ING IrlgE.
In tl~ event tl-mt tl~ city cotmcil al the
bearing on ti~ petition .~ll deny thc vaca~on of
the street or alley, th~ city may if it __needs it to
time best interest oftl~ city, return th~ filing fe~ to
the pe~itionexs. (Ord. 2334 §7, 1959).
11-13
August 20, 1998
ROUTING TO: DOUG FORTNER Legal Services
FROM: LYNN FOWLER
Department of Public Works and Utilities
RE: Alley Vacation
~ The Plat Of Charleston Navy View Addition
The Value of this Vacation is estimated ~ $3,291.97
Enclose please find the legal description (Exhibit "A") and map for the proposed alley vacation.
Engineering has check this site and given an okay to proceed.
THANK YOU
Exhibit "A"
Legal Description:
Section 22, Township 24 N., Range 1 E. W.M. That portion of the
plat of Charleston Navy View Addition #3736, recorded in volume
4, page 81, records of Kitsap County, Washington described as
follows:
That portion of the Alley being 12 feet wide, lying within block 3
of said plat of Charleston Navy View Addition, lying between lots
1-7 and 46-52.
1025-22
CHARLESTON
NAVY VIEW ADDITION
.,,
OFFICE OF CITY ATTORNEY
0 igC8
BREMERTON
BUILDING DEPARTMENT
239 4th Street · Bremerton, Washington 98337 · (360) 478-5345 · FAX (360) 478-5161 - E-mail: legal@ci.bremerton.wa.us
September 8, 1998
Michael Thorniley
2860 E. Marrowstone Road
Nordland, Washington 98358
Re: Street Vacation Request - Alley in Charleston Navy View Addition
Dear Mr. Thorniley:
The City Engineer has reviewed your vacation request for the above referenced
property. The processing fee is $509.00, payable to the City Treasurer. If you have not
yet paid this fee, please do so promptly.
Pursuant to RCW 35.79.030, the City will condition approval of the vacation on
the payment of one-half the appraised value of the property. The proposed vacated road
is appraised at $3,291.97. One-half this amount is $1,645.98.
The Department of Economic and Community Development will process y~ur ]
request from this point. You may contact them at 478-5275.
Sincerely,
Douglas B. Fortner
Assistant City Attorney
cc: Department of Economic and Community Development
Equal Opportunity Employer