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06/25/97 AGENDA
BREMERTON CITY CODN~IL 239 4TH STREET BREMERTON, WA 98337 CITY COUNCIL AGENDA JUNE 25, 1997 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. ~_ A. Minutes - June 11, 1997 %AB97-136 3. CLAIMS/CHECK REGISTERS 4. COUNCIL MEMBER REPORTS 5. MAYOR'S REPORT 6. PUBLIC RECOGNITION -- (Comments Limited to 3 Minutes) NEW BUSINESS A. Sylvan Way Street Improvements - Change Order #3 %AB97-137 34 Agreement With Washington State Department Of %AB97-138 Transportation Regarding Construction Of Signals On SR3 Ramps At Kitsap way And Newberry Hill Road 39 Amendment #1 To Professional Services Agreement %AB97-139 ~ With Montgomery Watson for Fluoridation Facility Design Purchase Order With Olympic View Sanitary Landfill Inc. %AB97-140 53 Parks And Recreation Department Purchase Of Copy Machine And Approving Budget Adjustment %97-15 %AB97-141 5~ RESOLUTIONS A. Resolution %2608, Authorizing IACApplication For Smith Cove Development And Pendergast Field Lights (CONTINUED NEXT PAGE) %AB97-142 ~( Ce Resolution #2605, Callow Avenue Basin CSO Priority 2 Construction - Acceptance Of Public Works Trust Fund Loan (No. PW-97-791-003) Resolution #2609, Regarding The City 1997 Traffic Calming Program Resolution #2610, Manette Bridge Replacement Recommendation ORDINANCES A. Ordinance #4596 (Second Reading), Adopting And Confirming The Assessment Roll for L.I.D. #329 Jenner Avenue Sidewalk Improvements Be Ordinance (First Reading) To Adopt The Charleston Community Plan And Related Amendments To The Zoning Code And Zoning Map #A 97- 4 (05 10. PUBLIC HEARING - 6:00 P.M. OR LATER A. Resolution #2606, Regarding Recovery Of fees #AB97-146 For The Removal Of Garbage And Debris From Property Located At 1316 Warren Avenue, Bremerton /'-/7 SJ Resolution #2607, Regarding Recovery Of fees For #AB97-147 ~5 Removal Of Garbage And Debris From Property Located At 2100 19th Street, Bremerton 1. SUBJECT':- AGENDA BILL --BREMERTON CITY COUNCIL MINUTES - JUNE 11, 1997 FOR AGENDA OF: ORIGINATING DEPT: ORIGINATOR: DATE SUBMITTED: 6-25-97 6-19-97 2. ~_~~q_~: (comment on back if necessary) ENDORSEMENT iN FORMAT ION MAYOR __ APPROVED BY COUNCIL PRES~D~k~T, FOR SUBMITTAL: 4. SIIMMARY STATEMENT AND REOUIREMENT FOR COUNCIL 8. RECOMMENDATION: 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: .EXPIRATION DATE: REVIEW DATE: PUI.LED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED DISAPPROVED ..DATE AMENDED 2. CLEARANCE COMMENTS: ~5 ..'~.~w_/PACT ON NON-PASSAGE: .STAFFING. BUDGETS, FACILITIES. EOUIPMENT OR OTHER RESOURCES: TAPE #1468 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES JUNE 11, 1997 90023 #0038 The regular meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4th Street, Bremerton, Washington, Wednesday, June 11, 1997, at 5:30 P.M., with Council President David Fart presiding. Council members pre~ent were Bob Winters, Carlos Montgomery, Richard Neville, Lon Overson, John Law, Cecil McConnell, and A1 Colvin. Council member Sherril Huff-Menees was absent. Also present were City Attorney Ian Sievers and Deputy City Clerk Paula Johnston. The meeting opened with the Pledge of Allegiance led by Council President Farr and Invocation given by Reverend Gary Fogelquist of the Seventh-Day Adventist Church. President Fart announced prior to the Council meeting Council held a Study Session and the topic of discussion was Sinclair Landing Association Update; and immediately following the meeting Council will hold an Executive Session to discuss "litigation". CONSENT AGENDA A. Minutes of Meeting -- May 28, 1997, #AB97-123 M/S/C/U(Neville/Montgomery) to approve the Consent Agenda as presented. CLAIMS/CHECK REGISTERS Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090, have been recorded on a listing that had been made available to the Council. M/S/C/U(Colvin/Montgomery) on June 11, 1997, the Council does approve for payment those vouchers included and further described as follows: 209649 through 209815 in the amount of $245,357.04. COUNCIL MEMBER REPORTS Mr. Colvin thanked the City Engineer for providing a map showing the north end of the Warren Avenue Bridge, which will be used in developing a beautification plan for the area that was previously covered in Scotch broom. He offered the opportunity for someone to make an artist rendering of that area when replanted. Ne thanked City Council members and staff for their prior pledges supporting the replanting effort. He plans to brief the City Council at a Study Session on the proposal developed to beautify the above described area. Lastly, he was hopeful that someone within the community would provide computers to families that are financially unable to provide their child or children with a computer so that TAPE #1468 City Council Reg. Mtg. Minutes June 11, 1997 Page 2 of 31 they can be up to speed with today's technology. Mr. McConne11 reminded residents of District 2 that a special District #2 Neighborhood meeting is scheduled for June 24, 1997, 6:00 - 9:00 P.M., at the Sheridan Park and Recreation Center (Lounge). The topic of discussion will be the 20 acre parcel at Almira Drive and Riddell Road. Mr. Law announced the next District #3 Neighborhood Meeting will be held on June 24, 1997, 7:00 - 9:00 P.M., at the Senior Center. The program for that meeting will include "law enforcement" and "status of the Manette Bridge". Mr. Neville congratulated the Bremerton High School graduating Class of 1997; and reminded everyone that schools will be letting out soon so please drive carefully. Mr. Montgomery reported at 9:00 AM this date he attended a briefing by the General Accounting Office (GAO) on their input to the Secretary of the Navy regarding the disposition of the USS Missouri. June 10, 1997, was a black letter day for the citizens of the continental United States...the Secretary of the Navy stated he saw no reason to reopen the selection process of selecting a site for setting of the ex-USS Missouri. After GAO found a major flaw in the original modified selection criteria and reviewing all the information Mr. Montgomery was able to obtain, it is him opinion that the decision to award the USS Missouri to Hawaii was strictly political and was reached as early as 1993. Further, the Secretary of the Navy works for the Secretary of Defense, who in turn works for the President of the United States, so any decision by the Secretary of the Navy would need the Secretary of Defense and President's approval, unless they are over ruled by Congress. Not one member of the State of Washington, Senators or Representative, when contact by Mr. Montgomery, would raise the question in either House to investigate the award process when requested to do so. A few of those that responded to his request indicated this was a "done deal". Mr. Montgomery stressed this is an example of the kind of politics that the current President and Congress are conducting.., they are more interested in allowing our national historical monument, the USS Missouri, to be sent to Hawaii for the sole use of the foreign nationals that support their re-election coffers. In affect, our Washington D.C. politicians are saying we, who live in the continental United States, do not count in the scheme of things. Mr. Winters reported he also attended the GAO briefing as did local news stations and he expects they will highlight the information given out at the briefing during the evening newscasts. He learned through Bob Sauter that in 1987 the Office of Veterans Affairs TAPE #1468 City Council Reg. Mtg. Minutes June 11, 1997 Page 3 of 31 conducted an evaluation on the Illahee DNR property, which included plans for a Veterans Memorial and multi-use facility. It makes sense to him for the City to pursue acquiring that land and he hopes Mr. Sauter and those involved in leadership in the City find the 1987 evaluation to be useful. Mr. Winters noted he has received a number of complaints from constituents about the terrible transmission of City Council meetings over the past couple of weeks and inconsistent time schedules for rebroadcast of those meetings, which was established at 12:00 noon Thursdays. When he checked Channel 12, he found the replay being broadcast at 10:00 P.M. He urged the public to call TCI and voice their concerns about cable access viewing. The Telecommunication Ad Hoc Committee will meet with Ian Sievers, City Attorney, on June 12, 1997, 5:30 P.M., in the City Council Chambers, to review the completed City of Bremerton ordinance regarding telecommunications. President Fart read the following Proclamation: (1) JUNE 12, 1997, AS THE 99TH ANNIVERSARY OF PHILIPPINE INDEPENDENCE DAY, which was accepted by representatives of the Filipino community. PUBLIC RECOGNITION Bob Sauter, Commander VFW Post 694 and President of the Kitsap County Veterans Coalition, stated his disappointment in Congressman Norm Dicks and other Congressional delegates for not seeking a Congressional review of the Secretary of the Navy's decision awarding the USS Missouri to Hawaii. His personal heart felt feelings were that Congressman Dicks failed every constituent in the United States to retain the Missouri on the mainland, considering the fact our people died for it, not the foreign nationals. Mr. Sauter plans to take his message to every news agency within the United States and the three Counties that are represented by Congressman Dicks. Today, he had the opportunity to speak about democracy and what it means to 100+ students from Naval Avenue School during their tour of Ivy Green Cemetery. Mr. Sauter announced Flag Day Ceremonies will take place on June 14, 1997, 12:00 Noon on the Boardwalk. Phil Drouin, Bremerton resident and member of Our Lady Star Of The Sea Catholic Church, provided each City Council member a complimentary copy of a historical booklet entitled "A CENTURY OF CATHOLIC EDUCATION," and extended an invitation to the new school Dedication Ceremony on June 15, 1997, 4:30 P.M.. Don Atkinson, Martin Luther King Scholarship Fund (MLK), announced MLK presentation of the Bridge Builders Award will be at the Constitutions Day Luncheon on September 7, 1997. The deadline for nominations for this award is July 15. He reminded everyone that the absentee votes on the new Seattle football/soccer stadium must 5 TAPE #1468 City Council Reg. Mtg. Minutes June 11, 1997 Page 4 of 31 be postmarked June 17. 7A - APPOINTMENT OF HELEN D. DAVISt DEBBA L. JACKSON AND ROY L. MoINNIS TO THE COMMUNITY DEVELOPMENT BLOCK GRANT ADVISORY #0884 COMMITTEE, ~AB97-124 The Community Development Block Grant Advisory Committee will be meeting soon to make recommendations on use of the grant funds. It is recommended the following three people be appointed to the committee: Helen D. Davis, Debra L. Jackson, Roy L. McInnis Public comment - none. Mr. McConne11 asked if there was a conflict of interest if one of the proposed members currently served on a City Board or Commission? Ian Sievers, City Attorney, stated yes. Paula Johnston, Deputy City Clerk, stated if Mr. McConnell was referring to Mr. McInnis, to her knowledge he was not serving on any other City Committee. M/S/C/U(McConnell/Colvin) to confirm the appointment of Helen D. Davis, Debra L. Jackson and Roy L. McInnis to the Community Development Block Grant Advisory Committee. 7B - EXTENSION OF LEGAL SERVICES AGREEMENT FOR CIVIL LITIGATIONt #0997 ~AB97-125 The City has managed general litigation over the last two years under two professional service contracts, one with the law offices of Jean Schiedler-Brown and the other with the firm of Casey & Pruzan. These two-year contracts expired May 31. It is recommended that these contracts be extended for a three month period to allow solicitation of bids for new contracts, allowing variable offers on all or any of the various legal categories now aggregated under the two contracts. Ian Sievers, City Attorney, referenced a handout that Council received and noted the proposed motion includes a third contract, which is necessary because the firm of Casey & Pruzan split up and three of the attorneys formed their own firm (Larson Hart & Shepherd), who are working on three City's cases (Ensor, Worley and Rene), at the same terms and prices. These three cases are set for trial in the next few months and it was felt it would be too prejudicial to bring in a new attorney to handle these cases at this time. Public comment - none. M/S/C/(Colvin/Winters) to approve three month contract extensions at current terms with law offices of Jean Schiedler-Brown and Casey and Pruzan; and contract with Larson, Hart, Shephard for cases TAPE #1468 city Council Reg. Mtg. Minutes June 11, 1997 Page 5 of 31 assigned, Ensor, Worley and Rene. Vote on Motion: In Favor: Abstain: Winters, Neville, Law, McConnell, Colvin, Montgomery Overson 7C - LEGAL SERVICES AGREEMENT FOR PROSECUTION WITH KITSAP COUNTY, ~AB97-126 The proposed contract extends the current arrangement for prosecution and criminal legal support with Kitsap County for an additional two year term without significant modification. The starting compensating for all services is $115,053.08, with an increase allowed for calendar years 1998 and 1999 based on actual cost increases for the County. Ian Slevers, City Attorney, stated after meeting with the City's Police Department and Russ Hauge, Kitsap County Prosecutor, both the County and the City feel that the contract has worked very well and is cost effective for the City. He recommended extending the contract for two years. Tonya Vaughn, Bremerton resident, stated her opposition to the renewal of the subject contract based on personal experience dealing with the City's prosecutor after being a victim of a criminal act. She believes the City's Prosecutor showed total disregard for the law and abused the power of their office. Mr. Winters questioned who would the City's contracted Prosecutor answer to in a situation such as Ms. Vaughn's? Mr. Sievers stated using Ms. Vaughn's case as an illustration, she did contact him with a complaint that she was a victim of criminal activity. Charges were filed and subsequently dismissed by Prosecutor Hall. Mr. Sievers reviewed the file with Mr. Hall and Mayor Horton regarding the basis for dismissal of the charges. It was felt the issue was largely a civil dispute over contract terms, that it would be a difficult case to prove criminal intent, and the city's prosecutorial resources were better used elsewhere. Ms. Vaughn did receive a letter from Mr. Hall explaining why he declined the case. Mr. Winters stated then the steps Ms. Vaughn can take is to take this matter through the courts as a civil matter against the individuals she is accusing of having her properties, not the prosecutor. Mr. Sievers stated yes, and that recommendation was stated in Mr. Hall's letter to Ms. Vaughn. Mr. Winters questioned the actual cost of the 1996 contract in comparison to the $15,053.08 proposed in the contract extension? Mr. Slevers stated the same. Mr. Winters referenced the statement in the Agenda Bill: "The starting compensation for all services is $115,053.08 with an increase allowed for calendar years 1998 and 1999 based on actual cost increases for the County", and asked how great an increase #1237 TAPE #1468 City Council Reg. Mtg. Minutes June 11, 1997 Page 6 of 31 would that mean to the City? Mr. Sievers stated they would be entitled to actual labor costs, which is structured similar to the City's jail cost for the contract with the County. Mr. Colvin questioned how a reasonable increase is defined and by whom? Mr. Sievers stated in the case of the County's personnel, he believed the Prosecutors and staff are represented by collective bargaining agreements (Union), so it would be a result of the collective bargaining process. Mr. Neville asked the City Attorney to explain the handout he provided that identified a change in Section V of the contract. Mr. Sievers explained the contract in the Agenda packet, under Section V, contained a fragmented sentence, which was removed, and wording in that sentence was already stated at the beginning of the prior sentence. M/S/C/U(Montgomery/Overson ) to approve contract with Kitsap County for prosecution services. 8A - PUBLIC HEARING - TO CONSIDER AND ADOPT THE CHARLESTO~ COMMUNITY PLAN~NDRELATEDAMENDMENTS TO T~ ZONING CODE AND ZONIN~ MAP; ORDINANCE (FIRST READING), ~AB97-127 The Charleston Community Plan is one of the first plans to combine the provisions of GMA and SEPA and will be a model for other jurisdictions. The Plan addresses the problems and concerns of the City's oldest business district. Public involvement was encouraged at a series of neighborhood meetings held within the district, as well as Study Sessions and public hearings before the Planning Commission. The Plan focuses on the business district and its pedestrian-oriented core, but also includes proposals for improvements and zoning adjustments in surrounding areas. Policies, design guidelines, and zoning adjustments are included in the Plan to guide both private and public investment. The Plan includes related zoning amendments which may be approved by separate ordinance. The Planning Commission conducted its public hearing on May 20 and recommends City Council adoption. President Parr asked the "Appearance of Fairness/Conflict of interest question" with all Council members being seated. Ron Houqh, Planning Manager, identified the various documents included with the Agenda Bill: (1) Ordinance, which will not be acted upon until the June 25 City Council meeting; (2) Staff Report; (3) Findings & Conclusions of the Planning Commission; (5) proposed revisions (Exhibit A); (6) Zoning Comparison (GB vs. CD); (7) Correspondence. Mr. Hough noted the end of the 60-day State agencies review period TAPE #1468 City Council Reg. Mtg. Minutes June 11, 1997 Page 7 of 31 is June 15, and as of this date the City had not received a response from any State agency. The City did receive favorable comments from Kitsap County and a reminder that there is some County zoning in the general vicinity. He also noted because this is a Type IV Legislative action, it requires hearings before the Planning commission, which was held May 20, 1997, and City Council. The process to develop the plan began about mine months ago with a series of public meetings. The Plan is a model that can be used throughout the State and is an integrated GMA/SEPA Plan. The environmental portion of the Plan (EIS), was developed by Bryce Ecklein (Kato & Warren) and will become part of the Plan. The Plan contains planned actions that streamline the process for allowing certain types of businesses to be approved without going through the environmental review process provided they are adequately addressed in the EIS during this planning process. The City received additional funds through a State grant to develop design guidelines, which were recommended in the plan, and being developed by Bryce Ecklein with a completion date of June 30, 1997. The Charleston Community Plan was initiated by the Comprehensive Plan, which was adopted in 1995, recommending that the City develop a plan for this specific neighborhood, which is one of the most important business and neighborhood centers in the City. Mr. Hough provided a viewgraph showing the relationship of the Charleston District to the downtown area, Puget Sound Naval shipyard and residential areas, which contain some of the highest residential densities and has been defined, including Olympic College, Bremerton High School, and Evergreen Park, as the Bremerton Urban center for regional planning through Puget Sound Regional Government. Throughout the process, it became apparent that Puget Sound naval Shipyard was extremely important to the Charleston District; therefore, a map will be added to the Appendix and referenced several times within the text of the plan. Members of the public were involved in the visioning process that resulted in the following: "The vision would see the Charleston Business District physically improved and revitalized to become the retail, service and social center of the Charleston community. In addition, surrounding neighborhoods would be improved, historic structures preserved, worn out sidewalks replaced and parking and traffic problems corrected." The Plan Draft deals with policies and actions in the following categories: Land Use, Transportation, Housing, Economic Health, Capital Facilities and Utilities, Recreation and Urban Design. Some of the issues discussed or addressed in the Plan are as follows: TAPE #1468 city Council Reg. Mtg. Minutes June 11, 1997 Page 8 of 31 (1) Land use adjustments to accommodate the realignment of Highway 304. (2) Improved bus service, including bus stops, shelters and route information. (3) Proposes to maintain the existing two-way traffic on Callow --- and the parking. (4) Reviewed off-street parking needs (over 1,300 spaces in the area). (5) Encourages property owners to cooperate in the removal of parking barriers. (6) Emphasizes the importance of the Callow pedestrian corridor (Burwell to llth Street). (7) Suggested better parking behind Callow businesses---pedestrian access between buildings. (8) Suggestions to improve the pedestrian friendliness of the central district. (9) Need for clear pedestrian linkages between businesses and surroundings. (10) Importance of PSNS (5,400 people) in the economic future of the district. (11) Suggestions for improving pedestrian crossings and "traffic calming devices". (12) Promotes the use of available programs to assist in home maintenance and rehabilitation. (13) The desirability of the business district merchants to organize and work together. (14) Need to encourage some businesses that don't exist here and phase out others. (15) Need to adjust zoning and development codes to better implement the vision. (16) Recommended a new CD zone tailored to the characteristics and needs of the district. CD would reduce setbacks, promote mixed use, allow residential, etc. (7) Allow some uses as "planned actions" to streamline the development process. (18) Recommended small vest pocket parks and hill climbs on Burwell and 6th Street. (19) Discussed the need for improvements and coordination in the design of signs. (20) Recommends a Capital Facilities Budget -- may be adjusted later. Mr. Hough gave an overview of the district's current zoning and proposed zoning changes that reflected the following: General Business Zone is the City's heaviest commercial zone that is placed along highways and major arterials and allows for all types of mostly auto oriented businesses, i.e, body shops, gas stations, muffler shops, auto parts, and things that cater to automobiles and need auto access. Rather than remodel the General Business Zone, the recommendation is to create a new zone - Charleston District. The recommendation for zoning for the area directly behind the proposed CD Zone west of Callow Avenue between 6th and llth Street, is Industrial Park(IP) zone to reflect current uses in that area, which would allow light manufacturing or heavy commercial such as auto and truck repair, truck rental, taxi cab service, etc. The IP zone would be more compatible and there isn't a large demand for "commercial" uses that require high traffic. The south end of Wycoff Avenue is proposed to be a cul-de-sac when the new gateway project is built. That area was previously zoned Mixed Use; however, no commercial use has been developed since the Mixed Use was approved in 1988. Because the area continues as residential, the recommendation is to change the zoning back to Multi-Family Residential to encourage infill and high density along that street. TAPE #1468 City Council Reg. Mtg. Minutes June 11, 1997 Page 9 of 31 It is proposed, under the Gateway project, that Kitsap Transit would expand to an area north of its existing facility on the west side of Callow. According to the Right-Of-Way Plan under the Gateway project, all properties from the west side of Cambrian to Rogers Street will be acquired as right-of-way, which includes a small area zoned General Business. A small property zoned Duplex Residential in that same general area would remain out of the right-of-way acquisition; therefore, the recommendation is to have it remain at its current zoning and not include it under the Commercial designation. Proposed Charleston District (CD) Zone - the central part that fronts on Callow Avenue is the pedestrian core, which is to be preserved, and covers the area from Burwell to llth Street. Properties that front on Callow within that area have slightly different restrictions than other areas of the CD zone. A Zoning Comparison Table is included showing the existing General Business Zone and proposed CD zoning, which is attempting to taper back the requirements in order to better fit the Charleston characteristics that need to be preserved and built upon; thereby making it more pedestrian friendly. Mr. Hough explained how that would affect minimum lot size, lot width, setbacks, allowed residential density, maximum height and maximum coverage. A comparison Land Use Table was provided showing the uses allowed outright in the GB zone and those that would be allowed under the CD Zone. Under the CD Zone a lot of the uses included an * by the A (A*), meaning those uses are allowed outright everywhere except between Burwell and llth Street along Callow Avenue. Other uses would be allowed with a Special Use Permit and when an * accompanies the "S" (S*) they would be allowed anywhere except between Burwell and llth Street along Callow Avenue. The Planning Commission recommendation are: LAND USE: (1) show all properties that are proposed for acquisition for the SR304 improvements as Right-of-Way on the Plan and Zoning Maps. (Exception: Kitsap Transit area). (2) Issue - Zoning of property at NE corner of Rogers and Cambrian, proposed for "GB" or leave it in its current Duplex Residential zoning? (Note: the planning commission did not make a recommendation on this issue; however, the recommendation from the public was to retain it as DR and not create a "spot zone". TRANSPORTATION: (1) Add an Action statement to investigate the feasibility of right-turn-in and right-turn out lanes on the west side of Callow at First Street. (Mr. Hough provided an overview showing the master plan for the SR304 improvement project and how it would affect access to properties west of Callow between Burwell TAPE #1468 City Council Reg. Mtg. Minutes June 11, 1997 Page 10 of 31 and First Street. He noted the Engineering Department agreed there would be no problem studying the feasibility of such action.) (2) Add an Action statement to consider locating a parking garage near the PSNS Montgomery Street gate to serve PSNS civilian needs and Charleston business needs. (Mr. Hough pointed out the suggested location was north of First Street and South of Burwell between the new alignment of Callow and Montgomery Avenue.) Mr. Winters questioned the person responsible for the idea of placing a public parking civilian garage in the suggested location? Mr. Hough stated he was not sure who brought up that issue, but it was discussed several times. Mr. Winters stated if the proposal was to locate it farther north near Safeway, he might be more supportive of such a recommendation. Mr. Montgomery questioned if the city or private industry was identified to build such a structure? Mr. Hough explained it could be either, the statement is to consider locating a parking garage. Mr. Winters pointed out the Plan encourages the businesses to develop off street parking and he believes it is counter productive to promote a parking garage. Mr. Houqh stated the problem involving parking is there are enough parking spaces for 1,300 vehicles, but those spaces are privately owned and not offered to the general public. President Fart pointed out Council is being asked to add Action statements, and if approved they would allow further consideration of those issues. Mr. Colvin questioned the response to the proposed Plan by the property and business owners most affected? Mr. Houqh stated input received has been mostly positive. (3) Add an Action station to consider forming a public development authority (PDA) to construct public parking lots and/or parking structures. (4) Add an Action statement to investigate the feasibility of a crosswalk over Callow at First. (5) Add an Action statement to support the concept of a Burwell Hill Climb with landscaping and pedestrian improvements leading from the business district to Forest Ridge Park. (6) Add an Action statement to support the retention of a short segment of undeveloped Sixth Street Right-of-Way to be improved as the Sixth Street Hill Climb. (7) Add an Action statement to provide bike route signing through the Charleston area. TAPE #1468 city Council Reg. Mtg. Minutes June 11, 1997 Page 11 of 31 ECONOMIC HEALTH: (1)Add a reference to the economic importance of PSNS to page P-20 of the Plan and add a map showing the PSNS/Charleston relationship to the appendix. CAPITAL FACILITIES AND UTILITIES: (1) Revise the capital facilities tables as recommended for three engineering projects. URBAN DESIGN PROPOSALS: (1) Add an Action statement to place an entrance sign at first and Callow to mark the beginning of the Charleston Business District and use other design treatments to show that the block between First and Burwell is part of the district. (P. 53) APPENDICES: (1) Revise Appendix E -- Proposed CD Zone. (A) Add a legend to explain what the symbols "A" and "SUP" mean. (B) Change the "Auto Services (repair, maintenance, etc.) land Use category to A* (allowed outright) -- originally proposed as SUP. This would allow businesses in this category to locate or expand without a Special Use Permit anywhere within the CD zone except on properties that front on Callow. (2) Add a new Appendix I: Will include the following maps: Identification of the Charleston Business District; Pedestrian-oriented Core of the "CD" Zone; Parking Lot Proposals; Puget Sound Naval Shipyard (relationship to Charleston Map. Mr. Houqh referenced the Land use Table #12 AUTO/TRANSPORTATION - Automotive Services (repair, maintenance, etc.) and noted originally this use was proposed as a Special Use Permit (SUP) anywhere within the CD zone. However, during the Planning Commission hearing several auto related businesses voiced their concern that the SUP designation was a down grade from the General Business zone, which allowed those uses outright without a SUP. The Planning Commission's recommendation was to designate those uses as an "A" with an "*" (A*), which raises a new issue. TAPE #1469 The proposed zone allowed automotive services by SUP throughout the zone, including properties fronting on Callow Avenue and existing TAPE #1469 City Council Reg. Mtg. Minutes June 11, 1997 Page 12 of 31 business would continue to be conforming uses, but new or expanding automobile business would require a SUP. At the request of the Planning Commission, the recommendation was to allow the use outright, except on properties fronting on Callow Avenue. The result of that recommendation would mean existing businesses in the Callow core pedestrian area would become non-conforming and could not expand or rebuild if destroyed by fire. Existing businesses outside the pedestrian core could build or expand without the pubic review offered through the SUP process. Mr. Hough presented a third option for Council's consideration: Allow automotive services businesses outright in the CD Zone, but by Special Use Permit within the Callow pedestrian corridor. He noted only one such businesses exists in the pedestrian corridor and was developed under a SUP process. The benefits of this option are: (1)1 allows existing businesses to be conforming and could grow, expand and rebuild after a disaster; (2) the pedestrian corridor along Callow would benefit from a more thorough public review of proposed development plans through the SUP process. Mr. Overson questioned the meaning of the A* designation? Mr. Hough pointed out the "*" pertains to the following: "These uses may be allowed throuqhout the CD zone with the exception of ~ro~erties that front on Callow Avenue between Burwell and Eleventh Street." Mr. Overson questioned if the existing businesses proposed the "pedestrian zone"" Mr. Houqh stated no, he was the one responsible. The intent was to protect the pedestrian character of the area based on the vision developed by the public during public meetings held over the past nine months. President Fart cautioned there is a real basis difference in that part of Council's approval process for this plan is to approve actions to investigate issues in the future that would require further Council action. However, the changes to the Land Use Tables and Zoning Ordinances are not future proposals, but would bring about definite changes. Mr... Hough stated the Land Use designation under Transportation uses, i.e. Automotive Services was the most controversial issue and it was felt the area most appropriate for such uses would be outside the pedestrian core. He emphasized the intent was to not make someone non-conforming. Mr. Houqh stated during the Planning Commission hearing it was discovered a Hobby Shop moved into the Knights Of Columbus Hall at the SE corner of Montgomery and Burwell. Because the Hobby Shop is a retail store, it is proposed to expand the CD zone to include the Knights Of Columbus Hall so they are not a non-conforming use. It was also pointed out that a number of businesses located on the west side of Callow along Wycoff to the south and north of Sixth Streets were not included in the CD zone. When the City modified the zoning 6-8 years ago, it was decided that the wholesale grocery store located on Wycoff should remain a non-conforming use and not TAPE #1469 City Council Reg. Mtg. Minutes June 11, 1997 Page 13 of 31 be encouraged to redevelop or change to another commercial use, but preferred to see it changed to a residential use like the surrounding property. It has been suggested to include those commercial businesses in the CD zone so they are not caught in a non-conforming status. ~ryce Ecklein, Kato & Warren, talked about his assisting the City with the Plan, particularly the EIS portion and Urban Design concept. He displayed conceptual designs that conveyed the "vision" anticipated for the Charleston District incorporating the elements identified in the Plan and the Planning Commissions recommendations. In regard to the EIS portion, at this time comments on the draft are completed and closed and the final EIS is being prepared. He believed that most impacts are positive and the City's zoning does allow increase in housing capacity by approximately 70 units, which is approximately 8% increase over what would otherwise be allotted. Consideration was given to traffic calming on Callow avenue and a recommendation for one half street closure of Burwell between Callow and Wycoff. Mr. Law asked if the 8% increase in housing capacity took into consideration that the area of Montgomery Avenue between PSNS and Burwell might not remain as residential and might end up being zoned business? Mr. Ecklein stated he believed that the west side would definitely change to commercial. Mr. Overson questioned if the Plan only identified Montgomery Avenue and planning for that area would take place later? People are already saying Montgomery will look like Naval Avenue and questioning why planning efforts are not underway preparing for such a change? Mr. E~klein stated to a degree it is coming out in the design guidelines, starting with a street tree planting scheme for Montgomery Avenue and new sidewalks under the CSO program. Mr. Overson questioned if Mr. Ecklein's vision did not see Montgomery Avenue becoming like Naval Avenue? Mr. E~klein stated no. Bill Robinson, Planning Commission member, gave a brief overview of the neighborhood meetings and Planning Commission meetings held on this issue, starting in November 1996. He was pleased with the amount of public input during development of the plan. He found the Plan to be unique over other Plans adopted by the City due to its being more complex because of the nature of the neighborhood, compilation of SEPA input to develop an EIS for 20 years in the future, and the fact there was a follow up from the neighborhood meetings through the effort of a Community Technical Advisory Committee that consisted of City staff (Department of Community Development, Parks and Recreation, Police, Fire, Engineering) Mr. Ecklein and PSNS representatives. He recalled the idea for a parking garage came from Mark Souza, former City Senior Engineer, during one of the Technical Advisory committee meetings. It came TAPE #1469 City Council Reg. Mtg. Minutes June 11, 1997 Page 14 of 31 up in the context of the neighborhood, City and Planning Commission recognizing that there was a major traffic problem in that area, including parking, and the desire to come up with solutions to elevate those kinds of problems. He recalled Mr. Souza asking the PSNS representative how willing they would be to provide a parking garage and their response was to immediately decline and reminded everyone that they were in the process of building a parking garage. But, since the issue came up the Committee decided to include it in the plan for future consideration. He pointed out the parking garage proposal for the Charleston District was not much different than the Harrison Neighborhood Plan that included a heliport. President F&rr thanked Commissioner Robinson for the extra effort he gave in serving as chairman of the public meetings held on this issue. Mike Pricq, former resident of the Charleston District and Marketing specialist for North Sound Mortgage, stated his support of the proposed plan. He proposed adding another recommendation to Page 18 of the Plan as follows: "Encourage the continued revitalization and maintenance of the local housing stock through incentives and strict code enforcement. Encourage residential property owners to investigate use of city of Bremerton housing assistance programs, FHA 203K loans, FNMA rehabilitation loans and other such programs as tools to purchase or refinance and rehabilitate their properties." He emphasized the importance of promoting the above named loans and rehab loan programs. Pmulm Johnston, Deputy city Clerk, read into the record the following letter from Mike Price and Carol Lindberg, representatives from North Sound Mortgage dated June 11, 1997: "This is a request that you incorporate into the Charleston Area Plan, recommendations that owners of residential property investigate use of the FHA 203K Rehabilitation loan offered by HUD, rehabilitation programs offered by FNMHA, Bremerton housing assistance programs, and other rehabilitation programs as tools to purchase or refinance and rehabilitate their residential property. The 203K program benefits the homeowner, neighborhood and the City of Bremerton by allowing homeowners to purchase or refinance and "fix up" their property all in the same, affordable FHA insured, assumable loan. current rules allow an owner occupied borrower to use this loan for buildings up to four units with low down payment and competitive rates. The neighborhood benefits by the improved curb appeal of the rehabilitated homes and the resulting increased pride and emotional ownership of those upgraded neighborhoods. The city benefits by not only upgraded housing stock at affordable price, but increased valuations of those neighborhoods, all of this is accomplished by a grassroots effort driven by individual decisions and private financing. So, please study the enclosed TAPE #1469 City Council Reg. Mtg. Minutes June 11, 1997 Page 15 of 31 information on the 203K Rehabilitation loan and incorporate a recommendation of its use, and the other above mentioned programs, in the Plan. thank you for your consideration." Marvin Bruno, property owner at First Street and Callow Avenue, stated when he first purchased his property and developed it into a number of established offices and Counseling practice, he envisioned similar kinds of professional businesses might want to also locate in that end of the Charleston Business District. He believes the intent of the Charleston District Plan is to help all of the area develop to its fullest potential; however, he is concerned whether or not the entire business district is included or if the focus is placed on a small segment of the district. He views the Charleston Business District starting at First Avenue and ending on 15th Street, but as he listened to the planning and discussions, it appears the proposal is for the business district to start at Burwell and end at llth Street, or possible even 6th Street. He sees a lot of potential for growth of the business district, if it is not limited to the small segment identified as pedestrian oriented area. He was concerned that the plan not bring about a negative impact on existing businesses within the district. Once the proposed Gateway project is completed, his property and surrounding residential neighborhood will be negatively impacted with the elimination of access on to First Street and he proposes the City institute right turns in and right turns out of First Street. If the access is closed, he believes the adjacent alley will become impacted with traffic using it as an way out of their neighborhood. Merilynn Erhart, owner of Ail Tune And Lube/601 Callow Avenue, stated her support of the Plan and the vision it portrays for future growth. She explained an important element in locating a business is finding the most advantageous location based on traffic count data, traffic flow, surrounding residential areas and the investment of other businesses, such as the newly expanded Safeway Store. She referenced the Findings Of fact And Conclusions Of Law, and pointed out the following statement under Criteria For Approval #2: The proposed Plan includes recommended changes in the Comprehensive Plan land use Plan Map, and corresponding changes to the Official Zoning Map, which will change the development or use potential of affected sites somewhat. These chanqes are exDected to improve the pedestrian character of the business district and improve the residential character of residential areas. No significant adverse impacts on existinq sensitive land uses, businesses or residents have been identified". Mrs. Erhart felt strongly that her business was adversely impacted due to the proposed CD Zone, which would not allow expansion or rebuilding if destroyed by fire, etc. She expressed her support of "Another Option" presented by Mr. Hough during his presentation because it TAPE #1469 City Council Reg. Mtg. Minutes June 11, 1997 Page 16 of 31 is important for the City to look at the existing businesses and their past and current financial investment into the future of Bremerton. She wants her investment protected so that she could potentially expand the business or rebuild it at the same location, if it was destroyed by a disaster type situation. She urged the Council to give serious consideration to the "Other Option" presented by Mr. Hough. Ellzabeth Buell, Bremerton resident, expressed concern over parking and questioned if pedestrians will no long be able to cross the street mid point between 6th Street and llth Street, and will handicap parking be available? Michael Gustavson, property owner (116 and 118 North Montgomery) stated on-street parking is required for residents along his street. When the Navy proposed base expansion, he specifically asked the question about the location of the Montgomery Street Gate, and at that time he was told there were no plans to open a gate at Montgomery. He has questioned if the Navy submitted an Environmental Impact Statement (EIS) for the construction of that gate, but so far had not received a response from those inquiries. He noted Mr. Overson's comment about Montgomery Avenue looking like Naval Avenue, which is a four lane street and no parking allowed, and pointed out there was not room for four lanes on Montgomery Avenue. When he asked the Navy about traffic flow, they responded that access at the Farragut Street Gate would adequately accommodate all traffic. Currently, residents along Montgomery are experiencing speeding vehicles traveling through their area. He acknowledged that his area is out of the Charleston District, but someone needs to address traffic problems currently experienced in that location. Mr. Hough provided the following responses to concerns raised by the speakers: (1) he recommended adding Michael Price's statement to the issues Council will be addressing. (2) Dr. Bruno's issues relating to access on to and out of First Street from Callow Avenue - the Planning Commission's recommendation is to look at the feasibility of allowing a right turn in and out of First Street on the west side of Callow. Mr. Neville expressed concern over the earlier comment that residents in the First Street area would use the alley as a thoroughfare if access is cut off from Callow Avenue. Mr. Hough displayed a view graph showing the Gateway project proposing to shut off access to First Street and making it into a cul-de-sac, which would not allow traffic in or out from Callow Avenue. Mr. Bruno stated as a professional businessman, if that access is closed off, it will have a strong negative impact on businesses and residents. He emphasized large numbers of pedestrians and vehicles use First TAPE #1469 City Council Reg. Mtg. Minutes June 11, 1997 Page 17 of 31 Street to access Callow Avenue to patronize the Callow Avenue Business District and surrounding businesses. Mr. Montgomery stated the intersection of First and Callow has a high accident rate and the alley is extremely narrow. He suggested making the alley one-way southbound. He did not support a left turn off of First Street onto the northbound gateway lane, but he could support right turns in and out of First Street. Mr. Bruno stated he has not seen any statistics showing a high accident rate at that intersection and he supported at least having the right turns in and out of that intersection. Presi4ent Fart questioned the relevance of the closure of First Street verses what's cognisance of the SR304 project. Mr. Hough explained the SR304 project is behind us, but the City Engineer has discussed this issue and felt it was feasible to study the possibility of having a right turn in and out at that intersection as well as pedestrian crossings. To looks at the possibility of allowing a left turn would probably bring in the issue of signalization and slowing down of incoming traffic. Mr. Overson pointed out not far from the City's borders there are numerous traffic lights that support businesses. He supported using a traffic light at that intersection, if it is deemed necessary for business. Mr. McConnell stated he could not support a right-turn only, but he would support installation of a traffic light at that location. Mr. Law pointed out the discussion related more to the Gateway project than the issues involved with the Plan. (3) The concern raised by Merilynn Erhart regarding Auto Services in the Callow pedestrian core will be addressed later in this discussion when he again presents "Another Option" he presented earlier. (4) In response to Mrs. Buell's issues of parking and mid street crossing within the pedestrian area, meeting parking needs are proposed through the use of pocket parking lots and part of the concept is to provide mid-block crosswalks within the pedestrian area to make it more pedestrian friendly and crosswalks leading in and out of the shipyard to encourage shipyard employees to come in and out of the Charleston District. (5) In response to Michael Gustavson's concern about parking on Montgomery Street, the current design of Montgomery Street between First Street and Burwell has a 50-ft. right-of-way at the upper portion, two 30-ft. traffic lanes (15-feet each), no parking lanes, 4.5 ft. planting strip on each side of the street and a 5 ft. sidewalk. The design of the street changes slightly north of Burwell, but it still provides two moving lanes of traffic with no on-street parking. In regard to the issue about an EIS for the Montgomery Gate project, he had no knowledge of an EIS for that area. Mr. Neville asked if Mr. Gustavson's statement was true that TAPE #1469 city Council Reg. Mtg. Minutes June 11, 1997 Page 18 of 31 if an EIS was not completed for the Montgomery Gate project, it could jeopardize this whole project? Mr. Hough stated he did not know the exact answer, but he did not think it would jeopardize the project. The EIS may have been included in the shipyard's expansion plans. He would look into that issue before the June 25 Council meeting. Mr. Colvin asked if the City had documentation on the Montgomery Gate Project? Mr. HQu~h ~tated no. Mr. McConnell referenced the Land Use Table and questioned why Senior Centers were allowed outright, but Teen Centers required a Special Use Permit? Mr. Hough explained it had to do with impacts on surrounding properties. Mr. Law questioned where a bakery would fit into the Land Use Table? Mr. Hough stated a bakery would be under "EATING & DRINKING" - Donut Shop, Baked Goods--retail. Large scale food products manufacturing is not encouraged in the CD zone. Mr. Overson referenced uses allowed and pointed out the Land Use Table shows no gymnasiums or similar facilities would be allowed in the pedestrian core. He questioned how does that affect three martial arts studios currently located in that area? Mr. Hough stated existing business would be grandfathered. Mr. Overson questioned if the "*" should be removed from that designation? Mr. Hough pointed out martial arts type uses would fit under the Indoor Athletic/Recreation Facility use, which is different than large gymnasium type facility. Mr. Overson questioned if the paint product store fronting on callow fell under the Construction Related category and would not be allowed? Mr. Hough stated no, that use would be allowed outright. Mr. Overson questioned if the furniture store that sells unfinished products was classified under the Wood Products Mgr., (furniture, cabinets)? Mr. Hough stated no, that designation would apply to a business that actually build furniture, i.e. milling the wood and constructing in an assembly manner. Mr. Overson asked that the issue regarding the EIS for the Montgomery Gate project be researched before Council takes final action on the plan. He also would like to make sure that any map or statements regarding the relationship of the shipyard to the Charleston District be approved through the Public Affairs Officer. Mr. Winters questioned if a drive-in theater would be allowed in the CD zone? Mr. Hough stated no. Mr. Winters questioned if Adult Business would no longer be allowed in the CD zone and if not, what zone would it be allowed within the City of Bremerton? Mr. Hough stated Mr. Winters was correct in that they would not be allowed in the CD zone; however, they are allowed under the General Business zone by a Special Use Permit. Mr. Winters referenced #9 OTHER RETAIL BUSINESS - any business with accessory gasoline sales, and questioned why the designation included an "*", which would exclude TAPE #1469 City Council Reg. Mtg. Minutes June ll, 1997 Page 19 of 31 it from the pedestrian core on Callow? Mr. Hough explained that use would require a Special Use Permit within the CD zone, but would not be allowed to front on Callow Avenue. Mr. Winters pointed out the nearest gas station from llth Street is on Kitsap Way. He referenced the former liquor store site, which he felt was large enough to be potentially used for a gas station/convenience store type business. He asked where could someone obtain gasoline within the Charleston Business District. Mr. Hough stated a future business at the corner of Montgomery and Burwell could provide such services. Mr. Winters called up Daren Stratley, who stated there is a plan to locate a gas station/convenience store near the corner of Montgomery and Burwell. Development of that kind of business at that site would require a Special Use Permit. ~r, Hough confirmed that such a use would be allowed outright in a General Business zone, but would require a Special Use Permit in the Charleston District. Because of the surrounding residential area, the SUP process will allow a higher level of public input before approval is given. Mr. Winters stated he feels, as a Council member, he should do everything to make the neighborhoods liveable and enhance them, and allow business to come into the area as easy as possible. He questioned if the allowed use reverted to the date of purchase for a particular site or the date the design is submitted to the City? Ian Sievers, City Attorney, stated the vesting would not occur until an application to develop a site was submitted as a complete application. A change in zone could create a non- conforming use even for a developer vested application. The term "down zoning" is not accurate since it would continue as an allowed use, but through a different process. Mr. Hough reviewed the five criteria under the Special Use Permit process. Mr. Colvin asked if any business would be displaced as a result of the proposed action? Mr. Hough stated no. TAPE #1470 Mr. Hough presented each of the proposed Action items as follows: Options for Automotive Services Businesses: AUTOMOTIVE SERVICES: (1) The proposed "CD zone allowed "AUTOMOTIVE SERVICES" by SPECIAL USE PERMIT throughout the zone, including properties fronting on callow avenue. (2) At the request of some automotive business owners, the Planning Commission has recommended a change that would allow outright automotive services businesses in the CD zone, except on properties in the Callow pedestrian corridor. (3) (ANOTHER OPTION) Allow automotive services businesses outright in the CD zone, but by Special use Permit within the Callow #0051 #0091 #0252 TAPE #1470 City Council Reg. Mtg. Minutes June 11, 1997 Page 20 of 31 pedestrian corridor. M/S/C/U(Overson/Montgomery) that council adopt "Another Option" - allowing automotive services businesses outright in the CD Zone, but by special Use Permit within the Callow pedestrian corridor. PARKING GARAGE STRUCTURE (1) Consider locating a parking garage convenient to the PSNS Montgomery Street gate to serve PSNS civilian employees and contractors and local business employees and patrons. (2) Consider forming a public development authority to construct public parking lots and/or parking structures. M/S/C/F(Winters/Colvin) add an Action station to consider locating a parking garage as the Charleston Business District needs. Hr. McConnell pointed out excluding either option, it would not preclude developing a parking garage within that district in the future. Mr. ~ouqh affirmed that parking garages are allowed outright in the CD zone. Mr. ~eville questioned for clarification if Mr. Winters was stating no consideration should be given to public parking for PSNS civilian employees, but only the Charleston businesses? Mr. Winters stated no, he was saying anywhere within that area as a developer or the city would choose to develop such a structure to meet parking needs for anyone in the Charleston District, including PSNS employees. Mr. Overson pointed out the Montgomery Street Gate is not intended for PSNS or to meet civilian parking needs, but for the military support of activities in that area and the ships personnel. If anything should be added he suggested the following: "put the Charleston Business need as it relates to a parking garage". Mr. Montqomer¥ supported Mr. McConnell's position that no statement is needed since the use is allowed outright with in the CD zone; therefore, he could not support the motion. Vote on motion: Motion failed In favor: Opposed: Law, Colvin, Winters, Fart Montgomery, Neville, Overson, McConnell M/S/C(Montgomery/McConnell) to delete any consideration of an Action item to locate a parking garage near the PSNS Montgomery Gate. Mr. McConnell questioned why is staff being put through an exercise #0426 #0469 #0633 TAPE #1470 city Council Reg. Mtg. Minutes June 11, 1997 Page 21 of 31 of consider locating a parking garage when it is not needed? Mr. Hough stated the intent of the Action statement is to direct staff to actively consider specific issues. ~Vote on motion: Motion carried. In Favor: Oppose: Neville, Overson, Law, McConnell, Colvin, Winters, Montgomery Farr MINOR ZONING ADJUSTMENTS (1) To include the following businesses in the CD zone: Knights Of Columbus hall and adjacent parking lot at Burwell and Montgomery, the businesses located on Wycoff and 6th Street (tavern, flower shop, dog grooming, offices, wholesale grocery). M/S/C(Overson/Colvin) to approve suggested adjustments to the proposed CD zone. Vote on motion: Motion carried. In Favor: Opposed: Overson, Law, Colvin, Winters, Montgomery, Neville, Farr McConnell (2) to include the businesses on Wycoff Avenue (immediately north of 6th Street) and as identified on the map. M/S/C/U(Montgomery/McConnell) to include the above identified businesses in the CD zone. (3) The lot at the northeast corner of Rodgers and Cambrian to be retained Duplex Residential rather than zoned General Business. M/S/C/U(Montgomery/Law) to leave the lot at the northeast corner of Rodgers and Cambrian as Duplex Residential. Recommendation by Mike Price: to add to the existing policy the use of city of Bremerton housing assistance programs, FHA 203K loan, FNMA rehabilitation loans and other such programs as tools to purchase or refinance and rehabilitate properties. Mr. Winters stated he doubted it was appropriate for Council to put a partial governmental program and partial commercial lending institution into the plan. Ian Sievers, City Attorney, stated it may be improper if this Action item designates a particular business and proposes some benefit in the future, it may be a contractual obligation that binds future Councils when the program may be implemented. Mr. Winters stated he did not believe that a person would go through the City to obtain a HUD application, which are available through mortgage companies; and he believes someone #0830 TAPE #1470 City Council Reg. Mtg. Minutes June 11, 1997 Page 22 of 31 would benefit through fees or commissions when writing such loans. Mr. Sievers stated it looks like the policy is simply directed at a Federal program that is in place with statutes and regulations. Part of those regulations may be to afford commissions to private enterprise, but is not specific enough to designate a particular business and £avor ~ha~ business over any other that may participate in the Federal loan program. Therefore, he did not believe the policy would be unlawful, if implemented by the City Council. Mr. Mcconnell asked if this was something that should be included in the city's Zoning Ordinance? President Fart pointed out Council does have the option not to make a motion, which would preclude any Action item, and the program is advertised and stands alone. (Note: no action was taken on Mr. Price's recommendation.) M/S/C/U(McConnell/Colvin) to direct staff to incorporate the approved changes into an ordinance that will be brought to Council for first reading on June 25. 8B - PUBLIC HEARING - RESOLUTION NO. 2602, APPROVING (WITH CONDITIONS) A SPECIAL USE PERMIT AND SITE PLAN FOR A LANDSCAPE/GARDENMATERIALS CENTER AS ;tN UNLISTED USE ON A 19 ACRE SITE LOCATED IN THE WHEATON WAY B-ND RIDDELL AREA; APPLICANT: PACIFIC TOPSOILS, INC., ~]tB97-128 Pacific Topsoils, Inc., has requested approval of an unlisted use, which requires a Special Use Permit and site plan approval. Planning Commission has reviewed the unlisted use aspect on May 20, 1997, allowing public comment as a Study Session, recommending approval of the use "Landscape/Garden Materials Center" for the 19 acre site. the past use of the site along reports of noise, dust and traffic impacts by adjacent residents has placed the project approval on the June 11 meeting Agenda for a final approval by City Council. President Fart asked the "Appearance Of Fairness/Conflict of Interest Question". Council members Bob Winters and Cecil McConnell stated they believed they must step down due to the fact Matt Mathes, Community development Department, brought the subject issue before them at Council's Fiscal and Budget Committee, which was an inappropriate action since it is a quasi judicial matter. Mr. Winters named several issues that were discussed at that committee meeting, which could impact the surrounding neighborhood. One particular statement made by Mr. Mathes, at that time, was that he had dealt with the applicants in other cities and that they did a good job. Mr. Winters acknowledged Mr. Mathes was new to the City in a consultant capacity; however, it did not appear to him to be something of coincidence that he was acquainted with the applicant. Mr. McConnell concurred with Mr. Winters remarks. TAPE #1470 City Council Reg. Mtg. Minutes June 11, 1997 Page 23 of 31 Mr. Colvin stated he attended that committee meeting and heard the same information, but he did not wish to step down because he was not biased either way. Ian Slevers, City Attorney, stated the issue is not a matter of bias and he did not understand that Councilmen Winters or McConnell to say that they had formed a prejudgment of the issue. However, they did hear information off the public record of a quasi-judicial matter. President Fart announced the remaining Council members would be seated. Ma%t Mathes, Department of Community Development Land Use Specialist, apologized for the administrative error that brought him in front of the Fiscal and Budget Committee inappropriately. He assured Council he did not have any past or current relationship with the applicant that would create an appearance of fairness issue. The subject site location is 350 feet west of Riddell Road and Wheaton Way intersection, and the City's Comprehensive Plan shows the General Business (GB) zone. The Planning Commission reviewed the application to decide whether or not an unlisted use should be provided on this particular site in the GB zone. During the Planning Commission meeting, the nature of the proposed business was discussed by City staff, the applicant and residents from the adjoining neighborhood, in an open study session forum. The purpose of the meeting was to provide for a required community meeting. Following that discussion, the Planning Commission made a motion to approve the unlisted use for landscape materials/garden center. He emphasized under the GB zone, a landscape materials/garden center would be allow outright without a Special Use Permit and could be approved administratively without any community meeting or going before the City Council. Given the past activities on the subject site, the applicant's operation of an earth work process that they expect to continue for a period of 3-5 years related to the products they sell, warranted the highest level of review under the City's Procedural Ordinance (Type III Public Hearing/City council). Another aspect of the applicants operation deals with the collection of yard waste. In and around Puget Sound it is believed that 30% of all yard waste is self-hauled by residents or commercial property owner to an independent site. The Bremerton- Kitsap County Board Of Health under Ordinance 1993-3 has a permitting process for yard waste facilities and the subject company would fall under that permitting requirement. State WAC 173.304 also regulates yard waste. Background data on subject site: 10 years ago grading activities started on the site during construction of the Fred Meyer store under a Grading Permit issued to Ace Paving. similar operations TAPE #1470 City Council Reg. Mtg. Minutes June 11, 1997 Page 24 of 31 continued on the site by another operator and in 1996 complaints were lodged regarding permits and business license of that operator. That operator was subsequently asked by the City and the property owner to leave the site. Following that, Pacific Topsoil came to the City requesting a Business and Occupation License, which was withheld pending the outcome of this hearing. A complaint was filed with the City of May 7 relating to the past applicant, who had been told to leave the site but returned. That same operator has been cited by Kitsap County for non-permitted activity. One of the central issue that Council will hear from the residents (approximately 8 immediately abutting property owners living in residential structures), is noise. Mr. Mattes referenced the applicable noise levels allowed under the City's Noise Ordinance. The City's ordinance is enforced by uniformed Police Officers dispatched to investigate the complaint. Normally, a testing device is not used to measure the noise level, but the Police Officer determines if it is within a reasonable range. It was Mr. Mathes' understanding that procedure was established by the Mayor for enforcing the ordinance under B.M.C. Chapter 6.32. The Site plan shows green areas for a 10-foot wide landscaped perimeter. In addition, the critical Areas Ordinance would require a 50-foot setback for portions of the west property limit, approximately 300 feet from the center part of the site. The reason for the critical area designation is there are slopes that exceed 1-1 slope ratio or greater than 10 feet in height, which are designated as "landslide hazard". The applicant's intents to correct those conditions from a 1-1 slope to a 2-1 slope and it is recommended that the 50-foot perimeter buffer be left in place until such time as another change or permit activity takes place on the site. Access into the site is from Riddell Road along a private easement to a point central to the eastern property limit, which will have a controlled gate with a small sales office (construction job shack - 100-300 ft. in size). Material bins will be provided for the 24 material types, and screening equipment to separate fine materials from larger materials as part of the soils processing. The applicant's intent is to shape the site into a commercial pad while doing business that is currently demanded in the form of landscape products. A list of conditions identified by the Planning Commission, as presented in the Agenda documentation, was reviewed. Since the site is more than five acres, it is under the State's program for Clean Waters Act and there are erosion control measures under that permit. The City's Engineering Department will approve a phasing TAPE #1470 City Council Reg. Mtg. Minutes June 11, 1997 Page 25 of 31 plan under a separate permit. Mr. Colvin asked Mr. Mathes to stated that the above information was not presented to members of the Fiscal and Budget committee. Mr. Mathes stated for the record the information provided during this hearing was not presented at the Fiscal and Budget Committee meeting. Mr. Overson pointed out items A and B were missing from the list of conditions as identified in the documentation as (c) through (1). Mr. Mathes stated the two additional items are: (a) To maintain equipment on a regular basis, including tune up, muffler replacement to comply with B.M.C. 6.32 Noise Levels Ordinance; (b) to sweep the private asphalt drive and track out control area on a daily basis, including water truck and street sweeper. Jim Lindsay, Applicant, stated Pacific Topsoils is a major processor of topsoils with landscaping products. Their intent is to turn the site into a useful commercial pad for development as well as to set up a retail site along Riddell road once the site has been graded out and rebuilt. He is aware of concerns raised by the surrounding neighborhoods and assured everyone that Pacific Topsoils does not operate in the same manner as past tenants of the site. The applicant had no objection to the list of conditions and felt they were probably necessary considering past actions at the time; however, in the future, if there are no complaints he hoped this business would be allowed to operate as any other business under City codes. They are willing to live within their hours of operation, which does limit their productivity on Sundays and holidays as they are open 365 days a year. Mr. Colvin stated he felt at this time he must step down from the hearing and left the Council chambers at 9:53 P.M.. Paula Johnston, Deputy city Clerk, read into the record the following letters: (1) Richard Roberts, Dale Herbold, Janet Jorgenson, Karen Christensen, Robert Bettes, Rudy diaz, Perry Brooks, David Drive residents - "Recently, the Bremerton City Planning Council held an open meeting; in spite of strong protest from a number of residents of the adjacent area, they voted (with only one dissent) to allow the Pacific Topsoil Company to assume usage of the property owned by Mr. Ross, behind the Petco shopping center, the operation agreed upon was for industrial topsoil and compost manufacture, which would be operational between 07.00 AM and 10:00 PM. this would necessarily involve a large amount of commercial tr~ck traffic. Pacific Topsoil would additionally be operating a commercial front- TAPE #1470 city Council Reg. Mtg. Minutes June 11, 1997 Page 26 of 31 end loader equipped by an OSHA required back-up-alarm. Operating during most of the above stated hours would also be a "Crusher/Mixer" with its attendant vibration. Vibration of similar equipment, in the past, has had an adverse effect on the "David Drive" neighborhood above and to the west of this property. Most of the land is sand based and the constant vibration has created shifting (dropping) of areas in the properties and sinkhole have begun to appear in numerous places. It is unknown how adverse the effect has been on the extremely old and large pines, which stand at the rear of many of the properties on David Drive. As it would seem that the city of Bremerton is determined to allow this business to operate in this area, in lieu of other quieter and less vibratory endeavors, we of the David Drive Neighborhood would request the following considerations: Many are on shift work and sleep late in the morning; therefore we request that the hours of operation be constrained to 07.00 am to 7:00 PM. It is requested that no Crusher/Mixer operations be commenced prior to 10:00 AM. In the interest of family ability for backyard recreation on at least one weekend day, it is requested that the operation be curtailed on Sundays. It is requested that a monitoring agency be established for this endeavor and a complaint hotline be established in the case that Pacific Topsoil Company does not live up to their stated promises. With the new requirements of complete written disclosure on the sale of real property, the residents of the David Drive Neighborhood feel that we may end up open to lawsuit from those who purchase our homes (should we sell). The aforementioned, says nothing of our concern with the possible depletion of our property value, in light of the inception of Pacific Topsoil Company's operation." The following individuals spoke in opposition to the proposal as presented: Richard H. Roberts, David Drive; Janet Jorqenson, David Drive; Peq97 Brooks, David Drive; Dale Herbold, David Drive; Karen Christensen, David Drive, Barbara Roberts, David Drive. Following are the concerns presented by the above noted speakers: (1) Very little concern was given to the surrounding neighborhood TAPE #1470 City Council Reg. Mtg. Minutes June 11, 1997 Page 27 of 31 by the Planning Commission. (2) The residents felt cheated in that three Council members deemed it necessary to step down from hearing the issue that may have voted to protect the residents because of an inappropriate meeting. (3) The proposed use is not a nursery/garden supply, but a very heavy commercial land moving, grinding operation. (4) A General Business zoned area is being turned into an industrial urea. (5) Excessive noise. (6) Dust conditions will aggravate those suffering from allergies and asthma (7) Adverse impact on wildlife on the site and surrounding neighborhood. (8) What will the impact be when Adding 300 trucks daily onto Riddell and Wheaton Way corridor and how will that impact road surfaces? (9) As a bordering neighbor to the site, did not receive notice of the Planning commission meeting. (10) Noise oriented businesses take away the peace and quiet residents desire in their neighborhood. (11) A representative of Pacific Topsoil stated during the Planning Commission meeting that an area will be dug out 8-feet below ground level, which will produce hundreds of thousand cubic yards of sand that will be processed on the site. (12) No sound damping proposal included in the proposal. (13) The hours of operation, as listed in the City Code from 7:00 AM to 10:00 PM, will give the neighbors no life at all. (14) Prefer start up time of 8:00 AM to 5:00 PM. (15) Was a geological study conduced to determine the impacts of vibration on surrounding properties? Mr. Mathes presented two pieces of additional correspondence: (1) John and Rene Hartmann, 1001 Riddell Road and adjacent property owners to the west, provided a list of 10 Nurseries in the greater Kitsap County area with the hours of operation; (2) a letter from Michael E. Brown, F.P.H. Construction Inc., 3331 Kitsap Way suite D, Bremerton, WA 98312, in favor of the proposal. The following responses were made by Mr. Mathes to the concerns raised by the prior speakers: Mr. Mathes could not speculate on the Planning Commission's response to the residents. On the issue of three Council members stepping down from this hearing, in his opinion it would not have changed the outcome and the Council members could have remained seated. Regarding Mrs. Jorgenson's concerns about the number of trucks, he believed the more accurate estimate was 100 trucks, not 300. No traffic studies have been requested, produced nor are required under this kind of permit. Only common species of birds inhabit the subject area and would not TAPE #1470 City Council Reg. Mtg. Minutes June 11, 1997 Page 28 of 31 be protected under the environmental Protection Act. (6) A SEPA Environmental Check List was conducted and a SEPA determination of non-significance was issued for the action. In regard to Peggy Brooks' comment that she did not receive an initial letter, 47 properties were noticed in the prescribed 300 foot radius, which entailed 39 different property owners. Ms. Brooks' name was not on the list that was provided by the applicant and may in fact be outside the prescribed distance from the site. Ms. Brooks was called to the podium to point out the location of her property on the map. Mr. Mathes stated her property was an abutting property, but he did not have an explanation why her property was not noticed. However, the City did advertise for the SEPA and Special Use and postings were made at two property locations in very conspicuous locations. In response to Mr. Herbold's request for an 8:00 AM to 5:00 PM daily operation hours, as stated by the applicant they operate 365 days of the year. The City Council could make a recommendation on an alternative form of hours, recognizing they would be different from what are prescribed in B.M.C. Chapter 6.32. He noted the hours were already altered by a couple of hours on either end on legal holidays and Sundays after meeting with the neighbors and hearing their concerns. A question was raised by Ms. christenson whether or not a geological study was conduced and if it was required? No study was conducted, but it is required under the City's Critical Areas Ordinance under B.M.C. Section 21.22.100, prior to the city approving restoration of the slope area. A question was raised abut the Excavation Permit issued to Ace paving and why it was not monitored - under the Uniform Building code, grading permits are issued for 180 days with 180 days extension. The city did not have good records indicating why Ace paving was removing dirt from the site. It is a SEPA requirement on new construction projects that new construction identity the source of fill for those sits. So, there was a duty on that construction site to report the origination of the fill and he will look into the matter on the fact that Ace Paving may have provided fill to the Walmart site. TAPE #1471 In regarding to the routes of operation, the applicant would not be required, under a Special use Permit, to designate where trucks go once they enter the public rights-of-way. They did describe the two ways that trucks access public rights-of-ways - along the private access drive to Riddell Road going north and on another TAPE #1471 city Council Reg. Mtg. Minutes June 11, 1997 Page 29 of 31 private access drive going toward the east from the southeast corner of the site onto Wheaton way, which are paved areas of private commercial property and would not be subject to right-of- way improvement, but would be cleaned and maintained by the applicant. The city was not required to notify all 39 resident of David Drive. One notice was returned from the owners of the apartments, which was listed as a Limited Partnership in Salem Oregon, out of the 39 notices sent out. It was asked if a sound wall could be constructed and the answer is yes, but that option was not looked at even though it would be a devise that could mitigate some of the concerns on the top part of the property. Also, mention was made about unstable soils on the top part of the property. If desired, Council could recommended an added condition to address that concern. President Fart expressed his regret, regardless opinion, that three Council members did have to procedural problems. of Mr. Mathes leave due to Paula Johnston, Deputy city Clerk, read into the record the letter received from Michael E. Brown, F.P.H. Construction Inc., 3331 Kitsap Way suite D, Bremerton Washington 98312 - "Per our telephone conversation of 6/3/97, I am writing to express my support for approval of the special Use Permit application submitted to the City concerning the 19 acre parcel near the plat of Broadmoor village in East Bremerton. The subject parcel owned by Mr. Ross has been used for a similar use for sometime; and in my opinion, creates no negative impact to the neighborhood or community while providing a useful service to its' residents and should therefor be approved."; John and Rene Hartmann submitted a list of regional Nurseries and hours of operation: Port Orchard Nursery Monday-Saturday (M-S) 9:00 AM - 5:00 P.M, Closed Sundays (S); Valley Nursery M-S 9:00 AM - 5:00 P.M., S- 9:00 AM - 6:00 PM; Carter's Nursery M-S 9:30 AM - 6:30 PM, S-10:00 AM - 5:00 PM; Al's Garden Spot M-S 9:00 AM -6:00 PM, S- 10:00 AM - 5:00 PM; Cascade Pacific Landscape & Nursery M-F 9:00 AM - 5:00 PM, S - Closed; Clear Creek Nursery/McCormick Landscape Tuesday-Sat. 9:00 AM - 6:00 PM, S-10:00 AM - 4:00 PM; Green Heron Nursery M-S 8:00 AM - 5:00 PM, S-10:00 AM - 5:00 PM; Belfair Nursery M-S 9:00 AM - 6:00 PM, S-10:00 AM - 4:00 PM; Savage Plants & Landscape M-S 9:00 AM - 5:30 PM, S-10:00 AM- 5:00 PM; Roadhouse Nursery Tuesday-Sat. 9:30 AM - 5:30 PM, S-10:00 AM - 5:00 PM Mr. Law questioned how the list of Nurseries related to this issue since none of them include excavation of property and earth moving. TAPE #1471 city Council Reg. Mtg. Minutes June 11, 1997 Page 30 of 31 Mr. Overson stated he understands the neighborhood's concerns; however, business is a big part of the nation and must go on and property owners do have rights in regard to their use. He believed there were things in place to make the proposed business a friendly operation to the bordering neighbors. There are various noise levels impacting other neighborhoods, i.e. fire station sirens, ferries and no one can be guaranteed absolute quiet. Several years ago Council authorized quarry operations near Kitsap Lake, which drew considerable negative response from the surrounding neighbors, but there have been no negative complaints over the years. If this business does not work out as proposed, then the City will take necessary measures to close it down. Mr. Neville questioned for clarification if the intent is to mix the sandy soils on site with materials trucked in and then trucked out again? He also questioned the total area to be excavated and does anyone know the depth of the sandy soils Mr. Lin4sa¥ stated the center of the site has already been excavated at grade with the private drive and they do not intend to go any deeper than that level. They may spread 18 additional inches of materials on that graded area so that a future developer would already have a pad to be developed. They have estimated approximately 50 trucks per day will be coming and going from the site. He noted Pacific Soils has a 3-acre facility in Bothel, Washington and are surrounded on 2 1/2 sides by $50,000 homes. They operate four screens, two rock crusher, 3-diamond Z, 3-stump grinders, which is much more than proposed for the subject site, and they have received only one noise complaint. He used a site map to show the areas intended for grading and explained they are taking on the responsibility to restore the site, as required by the Department Of Natural Resources, cleaning up what the prior occupant of the site left. That action will include restoring and hydro seeding slope areas to a 2-1 slope along the perimeter of the site. They have also committed to not have any kind of grading activity over more than three acres at one time. The grading could actually be done under just a Grading Permit without purporting to have any use on the site. Because of the past activities on the site, they met with the City's Planning Director, who suggested their going through the SUP process. He feels they have been taken through a process that was not necessary; however, they have learned a lot from the neighbors about their concerns and what they experienced over the past few years. He emphasized the applicant's screens are not rock crushers, but a barrel type action that simply turn mixing soils. The equipment to be used is modern and well maintained. He believes the existing 30-foot bank will provide a noise barrier. Mr. Montgomez-f questioned the hours of operation at the Bothel site? Mr. Lin4sm¥ stated 7:00 AM - 10:00 PM. #0588 TAPE #1471 City Council Reg. Mtg. Minutes June 11, 1997 Page 31 of 31 Mr. Law stated the City has not recently demonstrated they have been good about enforce noise control. He was also concerned that the City could not explain Ace Paving using the site during the construction of Walmart. He doubts that the conditions will be adhered and doubted the City's enforcement would be dependable; therefore, he could not support the proposal. M/S/C(Overson/Neville) To approve Resolution #2602, approving (with conditions) a Special use Permit and site plan for a Landscape/Garden Materials Center as an unlisted use on a 19 acre site; including Conditions A and B as read into the record Mr. Montgomez7 stated he did not agree with the 10:00 PM closure time and felt it was totally unreasonable considering most businesses do not stay open that late. He also sympathized with the neighbors for their having to be impacted by noise both day and night. He believed a reasonable starting time would be no later than 8:00 AM and closed by 6-7:00 PM, and 12:00 (noon) - 5:00 PM on Sundays, if at all. Vote on motion: Motion carried. In favor: Opposed: Neville, Overson, Fart Montgomery, Law President Parr questioned the appeals process available to the residents? Mr. Sievers explained a petition to Superior Court must be filed within 21 days. President Fart thanked the TV camera crew for their services: Rob Rupe, Patricia Mathes and James Nobel, Jr.. With no further business meeting adjourned at 10:45 P.M. PAULA JOHNSTON, Deputy City Clerk DAVID FARR, Council President City of Bremerton PJ/DDF/me cc: Normal Distribution File/Vault AGENDA BILL _ BP~RTON CITY COUNCIL 1. SUBJECT: SYLVAN WAY STREET IMPROVEMENTS CHANGE ORDER %3 CL~'~ (Comment on back 2. · ~~ if necessary) Dire~~.~Works~,~ ~ & Utilities cit~~ ~o~hcil Fisc~ Budget Co~ittee .j FOR AGENDA OF: June 25, 1997 ORIGINATING DEPT: Public Works~t~ ORIGINATOR: R. Witt, City Eng DATE SUBMITTED: June 20, 1997 3. EXHIBITS: 1. Change Order #3 2. County Authorization Letter APPROVED BY COL~NCIL PP. ESIDENT FOR SD-BMITTAL: COUNCIL PRESIDENT . _~ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Change Order %3 for the Sylvan Way Street Improvements project incorporates a request from the County to construct similar street improvements in the county por%ion of the project as authorized in the letter of June 11, 1997. The cost of the addiSional work is to be reimbursed from the county. The additional work includes increases in bid item quantities from the original contract and change orders #1 and %2. The county has agreed to pay for half of the extra storm work which would include the storm work from change order %1. An interlocal agreement and budget adjustment for this change order are forthcoming under separate action. This change order exceeds the Mayor's authorization and requires Council approval. Staff recon~ends approval of the Change Order. 5. Pa~COMMENDATION: The City Council approve Change Order %3 for Sylvan Way Street Improvements in the amount of $.~1 and authorize the Mayor to execute the same. 9. RESPONSIBLE OFFICIAL: Director Pub Wks & Util ENFORCF/~ENT OFFICIAL: City Engineer EXPIRATION DATE: P~"VIEWDATE: 10. NOTICE OF ACTION PULLED [ ] T;tBLED [ ] APPROVED [ ] DISAPPROVED [ ] ;~4EN-DED [ ] COUNCIL DIRECTIVE: 11. AGENDA BILL NO.: (OVER) 137 2. CLEARANCE COMMENTS: 6. IMPACT ON NON-PASSAGE: Street improvements in the county portion additional funding from the county. of the project will not receive the 7. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT AND OTHER RESOURCES: Staffing: Additional 110 hours of staff time will be required for construction inspection and management, to be reimbursed from the county. · Budget: No impact. Ail costs for this change order are to be reimbursed by the county. An interlocal agency agreement is being completed. Facilities/Equipment: No impact. 8. RESEARCH SOURCES: CITY OF BREMERTOI ' CHANGE ORDER Project Name Sylvan Way Street Improvement Project No. E42094/CN3772 Contractor Ace Pavin9 Page I of 1 Contract Change Order No. 3 Orig. Contract Amt. ~ $231,514.55 Days 40 Prev. Appvd. Changes $ 23,313.41 Days 6 This Change $ 44,283.61 Days 10 Revised Contract Amt. $ 299,111.57 Days 56 This Change Order covers changes to the subject contract as described herein. The Contractor shall construct, furnish equipment and materials, and perform all work as necessary or required to complete the Change Order Items for a lump sum price agreed upon between the Contractor and the City of Bremerton. Description of Changes Increase in (Decrease) Contract Contract in Contract Time Amount Amount Extension ($) ($) (days) 1) Increase of unit bid quantities at unit bid prices and 'revised unit bid prices to reflect the addition of curb, gutter, sidewalk, and storm drainage in the county. (The $44,283.61 10 Days north side of Sylvan from Petersville Rd. to Olympus Dr.) *See attached drawing and schedule of additional quantities Totals $44,283.61 10 Days Net change in contract amount $44,283.61 increase or (decrease) The undersigned Contractor approves the foregoing Change Order as to the changes, if any, in the contract price specified for each item including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work on account of said Change Order. The Contractor agrees to furnish all labor and materials and perform all other necessary work, inclusive of the directly or indirectly related to the approved time extension, required to complete the Change Order items. This document will become a supplement of the contract and all provisions will apply hereto. It is unders~o, od that the Change Order shall be effective when approved by the City of Bremerton. Recommended:,~(-~~'~,¢,J~ /Project Engineer Date: Approved: /Mayor Date: SYLVAN WAY CO#3 - COUNTY WORK JUNE 11, 1997 Submitted by Debbie Wick ADDITIONAL QUANTITY/COST - ROADWORK Bid Item # DESCRIPTION QUANTITY TO ADD COST 1 & 2 N/A 3 Remove C&G 600 L.F. @$4/LF $3,000.00 4 N/A (S/W) 5 N/A (Sawcut) 6 N/A Road Work ** See Storm work 7 Gravel Borrow 142.3TNS $1,423.00 8-11 N/A Road work ** See Storm work 12 N/A (C.S.T.C.) 13 Curb andgutter 715 L.F. @8.50/L.F. $6,077.50 14 Sidewalk 397.2SY ~18.00/SY $17,150.00 15 Driveways 14.7SY ~ 25.00/SY $366.67 16 N/A (ACP CL"B') 17 Adjust W.V. case. 2~ $200.00/EA $400.00 18 N/A (ADJ. MNHL) 19 N/A (ADJ. C.B.) 20 N/A (ADJ. MON) 21 N/A (ADJ. Water meter box) 22 Remove and replace minor structure 2~ 100.00 EA $200.00 23 Traffic control labor (Road work only) 75 hxs ~26.50/Hr $1,987.50 24 Lawn restoration 239.3SY @7.25/SY $1,727.92 25 N/A (Force Account) CO#2 ACP CL"B" patch 14.3TNS @50/TN $712.52 ADDITIONAL QUANTITIES/COST - STORM WORK PRICES PER CO #1 DESCRIPTION QUANTITY TO ADD COST Type 1 C.B. 4~ 750.00 EA $3,000.00 12" Storm pipe 180 L.F. ~25.00/L.F.. $4,500.00 Conn. To exist. Manhole -0- -0- Permanent pavement patch 105SY R13.90/SY $ ~ .459.50 Traffic control labor 86 hfs ~$26.50/hr $2,279.00 Replace monument -0- -0- Re-work -0- ~0- 97376\bk TOTAL (STORM) TOTAL (ROADWORK) CHANGE ORDER $11,238.50 $33,045.11 $44,283.61 Kitsap Cour~ty Department of Public W~rks 614 Division Street (MS-26), Port Orchard, WA 98366-4699 R. W. Ca.steel, P.E., Director June 11, 1997 Mr. Randy Witt City of Bremerton Public Works 3027 Olympus Drive Bremerton, WA 98310-4799 Re: Sylvan Way Project Dear Randy, As we discussed, I am requesting that you include the sidewalk and drainage improvements from Petersville Road to Olympus Drive on the County's side of the Sylvan Way in your project. This letter authorizes you to proceed with the work on the County's side. In addition to the interlocal agreement you will be forwarding to us I will also need a copy of the bid tabulation to go along with your estimate of the costs of these improvements for our records. Keep me informed on your progress and if you have any questions contact me at 876-7121. Sincerely, Director c: Ron Yingling, Asst. Director Gary Ekstedt, Office Engineer Roads/Engineering 360-876-7121 · Utilities Information 360-876-7124 · FAX 360-895-4926 ° The Open Line 360-895-5777 Toll free from Poulsbo/Kingzton 360-698-3368, Bainbridge l,,land 206-842.2061 and Olalla 206-851-4147 -- printed on recycled pat>er -- - AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Agreement with Washington State Department of Transportation regarding construction of Signals on SR3 ramps at Kitsap Way and Newberry Hill Road 2. CLEARANCES: (comment on bac~/~n_~e~ ~ 3. Director, Public Works/Utilities b' '.- :'' ~ -.''' r/ / -. City Attorney Ri~k Manager City Treasurer Budget & Finance Committee Operations Committee FOR AGENDA OF: ORIGINATING DEPT: ORIGINATOR: DATE SUBMITTED: EXHIBITS A. B. X___ OmAT ON MAYOR<~ June 25, 1997 Public Works & Utilities Randy Witt, City Engine~l~ June 16, 1997 State participating agreement #GCA-0914 Budget adjustment APPROVED BY COUNCIL PRES/~ N? FOR SUBMITTAL: COUNCIL PRESDENT ,~.~-c~.,:'. //~/~,~ //. ,/9 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: City of Bremerton and Washington State Department of Transportation (WSDOT) staff have coordinated projects on Kitsap Way, including construction of a State traffic signal on Kitsap Way at the SR3 northbound ramps in the City Kitsap Way road improvements project. WSDOT designed the signal, and will reimburse the City for its construction, including inspection. City staff have also agreed to construct and inspect a State signal at SR3 and Newberry Hill Road. The attached State Participating Agreement reimburses the City for construction and inspection of the signals for the estimated amount of $210,152.02. The attached budget adjustment revises the City budget to account for these funds. Staff recommends passage of the agreement and budget adjustment. 8. RECOMMENDATION: That the City Council approve the budget adjustment and State participating agreement and authorize and direct the Mayor to execute State Participating Agreement No. GCA-0914. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: N/A EXPIRATION DATE: 12t97 REVIEW DATE: 9/97 City Engineer PULLED TABLED 10. NOTICE OF ACTION APPROVED DISAPPROVED COUNCIL DIRECTIVE DATE: 11. AGENDA BILL NO: q-7- ] 3 8 2. CLEARANCE COMMENTS: o IMPACT ON NON-PASSAGE: That the signals will be constructed separate from the Kitsap Way Road Improvements Project. This will have a higher overall cost to the taxpayer and increase disruption to the travelling public by having two separate projects. IMPACT ON STAFFING. BUDGETS. FACILITIES, EQUIPMENT OR OTHER RESOURCES: No impact, this agreement will fund construction of State improvements, including city staff inspection time. 7. RESEARCH SOURCES 97367 CITY OF BREMERTON BUDGET ADJUSTMENT REQUEST No. 97-16 Requesting Department: STREET FUND SOURCE OF FUNDS: Description Amount INCREASE: STATE REVENUE 230,000 USE OF FUNDS: Description Amount INCREASE: TRAFFIC SIGNAL CONSTRUCTION 230,000 NARRATIVE: This adjustment will provide for the construction of traffic signals in two intersections under contract with the State DOT. All costs will be reimbursed by the State. The budget adjustment amount is larger than the contract to allow for contingencies and change orders. D~p-"artm~nt Head Signature Treasurer Comments: Date Director S Date-- ~ended Mayor Comments: Not Recommended Treasure~ Recommended ~ Approved ~-~ Not Recommended Denied Fiscal & Budget Committee Comments: Mayor's Signature Date ~Recommended Approved Not Recommended Denied / 7- t ColOrettes'Signature Date' Washington State Department of Transportation State Participating Agreement Work by Local Agency Actual Cost Agreement Number GCA-0914 State Route Number Control Section Number 3 1804 Region Olympic Region Organization and Address City of Bremerton 239 4th Street Bremerton, Wa 98337 Section / Location SR 3 Kitsap Way and Newberry Hill Signals Description of Work Construct Traffic Signals THIS AGREEMENT, made and entered into this day of, __ , between the STATE OF WASHINGTON, Department of Transportation, acting by and through the Secretary of Transportation, (hereinafter the 'STATE") and the above named organization, (hereinafter the "LOCAL AGENCY"). WHEREAS, the LOCAL AGENCY is planning the construction of a project as shown above, and in connection therewith, the STATE has requested that the LOCAL AGENCY perform certain work as herein described, and WHEREAS, it is deemed to be in the best interest for the STATE to include specific items of work in the LOCAL AGENCY's construction contract proposed for the above-noted project, and WHEREAS, the STATE is obligated for the cost of work described herein. NOW THEREFORE, by virtue of RCW 47.28.140 and in consideration of the terms, conditions, covenants, and performances contained herein, or attached and incorporated and made a part hereof, IT IS MUTUALLY AGREED AS FOLLOWS: I GENERAL T, ,-;i. ~. 11')' .'.AL '~ ' A~=Eh., , ~'. ~,.~en~ acting" ' and on beha!i ,.::' :~'-z~ ;~ r; FE, a~rees-t~, ..~: ;orm the abb~e 'Descriptici.~ of Work".~.o. (~a-r'~,-r ~ Plans, specifik:ations and cost estimates shall be prepared by the ' - .' in accordance with the current State of Washington Standard Specifications for Road, Bridge, and Municipal Construction, and amendments thereto, and adopted design standards, unless otherwise noted. The LOCAL AGENCY will incorporate the plans and specifications into the LOCAL AGENCY's project and thereafter advertise the resulting project for bid and, assuming bids are received and a contract is awarded, administer the contract. The LOCAL AGENCY agrees to submit plans and specifications for the described work as shown on Exhibit 'B', attached hereto and by this reference made a part of this AGREEMENT, to the STATE for approval prior to advertising the project. The STATE may, if it desires, furnish an inspector on the project. Any costs for such inspection will be borne solely by the STATE. All contact between said inspector and the LOCAL AGENCY's contractor shall be through the LOCAL AGENCY's representative. The STATE agrees, upon satisfactory completion of the work involved, to deliver a letter of acceptance which shall !nclude a release an0 waiver of ail future claims cr demands of any r,~ture ;'esulti~g-'.:rom th~ pefformapce of the under this AGREEMENT. II PAYMENT The STATE, in consideration of the faithful performance of the work to be done by the LOCAL AGENCY, agrees to reimburse the LOCAL AGENCY for the actual direct and related indirect cost of the work. An itemized estimate of cost for work to be performed by the LOCAL AGENCY at the STATE's expense is marked Exhibit 'A", and is attached hereto and by this reference made a part of this AGREEMENT. Partial payments shall be made by the STATE, upon request of the LOCAL AGENCY, to cover costs incurred. These payments are not to be more frequent than one (1) per month. It is agreed that any such partial payment will not constitute agreement as to the appropriateness of any item and that, at the time of the finakaudit, all required adjustments will be made and reflected in a final payment. DOT Form 224-0~7 EF Revised 1~7 The LOCAL AGENCY agrees to submit a final bill to the STATE within forty-five (45) days after the LOCAL AGENCY has completed the work. III DELETION OF WORK In the event the estimate of cost, Exhibit 'A", is in excess of $10,000 and the total actual bid prices for the work covered by this AGREEMENT exceeds the estimate of cost by more than 15 percent, the STATE shall have the option of directing the LOCAL AGENCY to delete all or a portion of the work covered by this AGREEMENT from the LOCAL AGENCY's contract. Except, that this provision shall be null and void if the STATE's portion of the work exceeds 20 percent of the actual total contract bid price. The STATE shall have five (5) working days from the date of written notification to inform the LOCAL AGENCY to delete the work. Should the STATE exercise its option to delete work, the STATE agrees, upon billing by the LOCAL AGENCY, to reimburse the LOCAL AGENCY for preliminary engineering costs incurred by the LOCAL AGENCY to include the work covered by this AGREEMENT in the LOCAL AGENCY's contract. IV EXTRA WORK In the event unforeseen conditions require an increase in the cost of 25 percent or more from that agreed to on Exhibit "A", this AGREEMENT will be modified by supplemental AGREEMENT covering said increase. In the event it is determined that any change from the description of work contained in this AGREEMENT is required, approval must be secured from the STATE prior to the beginning of such work. Where the change is substantial, written approval must be secured. Reimbursement for increased work and/or a substantial change in the description of work shall be limited to costs covered by a written modification, change order or extra work order approved by the STATE. V RIGHT OF ENTRY The STATE hereby grants and conveys to the LOCAL AGENCY the right of entry upon all land which the STATE has interest, within or adjacent to the right of way of the highway, for the purpose of constructing said improvements. Upon completion of the work outlined herein, all future operation and maintenance of the STATE's facilities shall be at the sole cost of the STATE and without expense to the LOCAL AGENCY. VI LEGAL RELATIONS No liability shall attach to the LOCAL AGENCY or the STATE by reason of entering into this agreement except as expressly provided herein. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT as of the day and year first above written. LOCAL AGENCY By By LYNN S. HORTON Title MAYOR STATE OF WASHINGTON DEPARTMENT OF TRANSPORTATION Title Date ATTEST KATHLEEN MCCLUSKEY, CITY CLERK DEPARTMENT APPROVAL APPROVED AS TO FORM W. EUGENE SAMPLEY, DIRECTOR OF PUBLIC WORKS AND UTILITIES DOT Form 224-067 EFRev~ed 1/S7 EXHIBIT "A" AGREEMENT GCA-0914 ITEM DESCRIPTION MOBILIZATION TRAFFIC SIGNAL DISPLAY AND DETECTION SYSTEM KITSAP WAY TRAFFIC SIGNAL DISPLAY AND DETECTION SYSTEM NEWBERRY HILL TRAFFIC SIGNAL CONTROL SYSTEM KITSAP WAY TRAFFIC SIGNAL CONTROL SYSTEM NEWBERRY HILL TRAFFIC CONTROL LABOR UNIT MEASURE UNIT PRICE 61,200.00 L.S, 54,000.00 L.S. 15,000.00 L.S. 15,000.00 HOUR 28.00 CONTRACT TOTAL SALES TAX @ 8.1% SUBTOTAL ENGINEERING @15 % CONSTRUCTION TOTAL QUANTITY 1.00 1.00 1.00 1.00 400.00 AMOUNT $15,640.00 $61,200.00 $54,000.00 $15,000.00 $15,000.00 $11,200.00 $172,040.00 $13,935.24 $185,975.24 $24,176.78 $210,152.02 -1- EXHIBIT "A" GCA-0914 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: AMENDMENT NO. t TO PROFESSIONAL SERVICES AGREEMENT WITH'MONTGOMERY WATSON FOR FLORIDATION FACILITY DESIGN 2. C~EAP~: (Comment on back ~ .~f necessary} Dir~ct~/~ ~lic Works & Utilities City~--~~'~'~w~' co~nci~s.~,_~_B~dget Committee Council Operations Committee ENDORSEMENT~ INFORMATION [] MAYOR FOR AGENDA OF: June 25, 1997 ORIGINATING DEPT.: Public Works &Utils ORIGINATOR: R. Witt, City Eng/~ DATE SUBMITTED: June 12, 1997 3. EXHIBITS: 1. Amendment No. 1 to Professional Services Agreement APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: COUNCIL PRES IDENT :////.~,'~' 4. SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIL ACTION: On April 23, 1997, the City Council directed the Public Works and Utilities Department to begin fluoridation of the Water System as soon as practical. The design consultant for the Corrosion Control Facility (CCF) addressed water system fluoridation in their recently completed predesign memorandum. Their 5. RECOMMENDATION: The City Council approve Amendment No. 1 to the professional services agreement with Montgomery Watson for fluoridation design and authorize the Mayor to execute the same. 10. RESPONSIBLE OFFICIAL: Director Pub Wks & Util ENFORCEMENT OFFICIAL: Director Pub Wks & Util EXPIRATION DATE: REVIEW DATE: NOTICE OF ACTION PULLED [] TABLED [] APPROVED [] DISAPPROVED [] AMENDED [] COUNCIL DIRECTIVE: (OVER) 11. AGENDA BILL NO.: 2. CLEARANCE COMMENTS 3. SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIL ACTION - Continuation recommendation was to incorporate fluoridation into the CCF, and also fluoridate several wells. Amendment No. 1 to the professional services agreement with Montgomery Watson for the corrosion control facility would include final design, construction services, and operation and maintenance manuals for a fluoridation facility with the CCF. The amount of these services is ~37,925, increasing the total professional services agreement to $323,162. Design of the facilty would be completed in 1997, and construction would be completed in 1998. 5. IMPACT ON NON-PASSA~: The fluoridation facility would not be constructed at the same time as the CCF, and the eventual construction of the fluoridation facility would either require expansion of the CCF, or construction of a separate building on the Reservoir No. 4 site. IMPACT ON STAFFING, BUDGETS, FACILITIES, EOUIPMMNT AND OTMMR RESQURCEE: ~ No Impact. Budge~: The fluoridation facility is not budgeted. An expenditure of $37,925 from the Water Capital Fund is necessary for design of the facility. Sufficient funds are available from the Corrosion Control Facility budget to cover this expense. Facilities/Equipment; No impact. 7. RESEARCH SOURCES: AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT For CORROSION CONTROL FACILITY The City of Bremerton, Washington, (the "City"), and Montgomery Watson, ("Consultant") have entered into a PROFESSIONAL SERVICES AGREEMENT, hereinafter referred to as AGREEMENT for a project described as Corrosion Control Facility. This AMENDMENT NO. ! modifies the Scope of Work and Budget set forth in the basic AGREEMENT as follows: The Scope of Work shall be modified to include design, construction services, and operation and maintenance manuals for a fluoridation facility at the Reservoir No. 4 site as set forth in the Consultant's Proposal dated May 15, 1997, attached hereto and incorporated herein by this reference as Attachment A to Amendment No. 1. The Compensation for services shall be increased $37,925 and the total fees under this Agreement shall not exceed Three Hundred Twenty Three Thousand One Hundred Sixty-two Dollars ($323,162). Except as herein modified, the terms of the basic AGREEMENT dated October 17, 1996, shall remain in full force and effect. In WITNESS WHEREOF, the parties hereto have executed the AMENDMENT NO. 1 to the Professional Services Agreement the date and year indicated. For Montgo/~_ry Watson, dated this For the City of Bremerton, Washington, dated this __ By: day of .,. Lynn Horton, Mayor DEP.~~PPROVAL: W. Eugene Sampley, Director of Public Works and Utilities APPROVED AS TO FORM: lan R. Sievers, City Attorney RECEIVED FOR FILING: Kathleen McCluskey, City Clerk 47 ',ttachment A to Amend ent 1 MONTGOMERY WATSON TO: FROM: SUBJECT: Tom Knuckey, City of Bremerton DATE: May 15, 1997 Paul Swaim and Pete Kreff PROJECT: 1065037.01090050 Proposed Amendment No. 1: Addition of Fluoridation Facility to the Professional Services Agreement for the Corrosion Control Facility This memorandum summarizes a proposal from Montgomery Watson Americas Inc. (MW), with assistance from Economic and Engineering Services (EES), for Amendment No. 1 to our existing Professional Services Agreement for the Corrosion Control Facility (CCI'). The proposed amendment is based on the following changes in our previous scope of work for the project: · Design of Fluoridation Facility at Reservoir No. 4 Site · Services During Construction for Fluoridation Facility These changes are necessitated by the addition of a fluoridation facility at Reservoir No. 4 to the facilities to be designed by MW under our agreement. Design of Fluoridation Facility at Reservoir No. 4 Site. MW will complete the design of a fluoridation facility at the Reservoir No. 4'site. This f~ility will be designed as part of the CCF, and the fluoridation facility will be in a separate room of an expanded building housing the new facilities at the site. The design of fluoridation facilities at the City's well sites is not included in MW's scope of work. As with the other design-related elements for the CCF, the design of the fluoridation facility will be conducted in three stages (30% design, 90% design and t'mal design) to develop the project prior to bidding. The fluoridation facilities will be covered in the same design package as the CCF. A preliminary list of drawings is shown iff the attached Exhibit B. The design of fluoridation facilities is shown as Task II.A. 12 in the attached Exhibit A. This task will consist primarily of producing additional discipline design drawings and specifications. This task will also include some additional activities associated with preparing the construction cost estim_at¢ (Task II.A.8), as well as Elements 12.I5 (QA/QC) and 12.C (Bid Phase Support Services). The additional costs for these activities are also shown in the attached Exhibit A. Services During Construction for Fluoridation Facility. The design of fluoridation facih'ties at the Reservoir No. 4 site will result in additional work for a number of activities including assisting the City with submittal reviews, RFCs, possible change order efforts, site visits and field observation efforts, final inspection efforts, record drawings, startup assistance, and operator training. This task will also include the preparation of the O&M Manual for ~he fluoridation facilities including the well sites. The revised budget for Phase III (Services During Consiruction) is also included in the attached Exhibit A. -1- Proposed Budget From the budget estimate presented in Exh/bit A, the proposed budget for Amendment No. 1 is ~.' This total includes the following components: 1) a total of $29,000 ($29,725 with B&O Tax) for Task IJ.A.12 (Design of Fluoridation Facility at Reservoir No. 4 Site). 2) a total of $8,000 ($8,200 with B&O Tax) for Phase ITt (Services During Construction). -2- EXHIBIT A Bremerton Corrosion Control Facility: Fee Estimate for Proposed Amendment No. 1 EXHIBIT B BREMERTON CORROSION CONTROL AND FLUORIDATION FACILITY PRELIMINARY LIST OF DRAWINGS (5/97) GENERAL (3 Drawings) G-I G-2 G-3 Cover Sheet Location Map, Vicinity Map. Design Criteria & List of Drawings Standard Symbols and Abbreviations CIVIL (5 Drawings) C-I C-2 C-3 C-4 C-5 Sitc Grading and Paving Plan Yard Piping Plan Site Drainage Plan and Details: Landscaping Vault Details Civil Details ARCHITECTURAL (4 Drawings) A-I A-2 A-3 A-4 Floor and Roof Plans Exterior Elevations and Building Sections Architectural Details Architectural Schedules STRUCTURAL (9 Drawings) GS-I GS-2 GS-3 GS-4 S-I S-2 S-3 S-4 S-5 Structural Gcncral Notes and Standard Dctails Structural Standard Details Sheet I Structural Standard Details Sheet II Structural Standard Details Sheet III Foundation Plan and Details Building Masonry Bl~ck and Rcinft~rccmcnt Plan Roof Framing Plan and Details Structural Scctions Structural Details MECHANICAL (13 Drawings) M-I M-2 M-3 M-4 M-5 M-6 M-7 M-8 M-9 M-10 M-Il M-12 M-13 Pipe Schcdulc and Equipment Schedule Mechanical Standard Details I Mechanical Standard Details II NaOH Feed System Schematic NaOH Feed System Plan NaOH Feed System Sections Fluoride Feed System Schematic Fluoride Feed System Plan Fluoride Feed System Sections Mechanical Foundation Plan - Building Drainage Heating and Ventilation Building Plumbing Plan Details and Schedules 5'/ ELECTRICAL (10 Drawings) E-I E-2 E-3 E-4 E-5 E-6 E-7 E-8 E-9 E-10 Electrical Symbols and Abbreviations Electrical S{te Plan Building Pow:er and Control Plan HV, Lighting. and Receptacle Plan One-Line Diagram and MCC Layout Control Panel Layout Control Wiring Diagrams Sheet I Control Wiring Diagrams Sheet II Control Wiring Diagrams Sheet III Control Wiring Diagrams Sheet IV INSTRUMENTATION (5 Drawings) I-1 I-2 I-3 1-4 I-5 Instrumentation Standard Symbols & Notes P & ID - NaOH Storage and Feed System P & ID - Fluoride Storage and Feed System P & ID - NaOH and Fluoride Sampling and Injection Systems Instrumentation Details 5-,0.. AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: PURCHASE ORDER WITH OLYMPIC VIEW SANITARY LANDFILL, INC. 2. CLE~I; A~gC, ES: (Comment on back ~lic~& Utilities City~~ef~~ P~urchasir~.gx3~iso5----'.'v',,~''~'''~¢~.---~-v ,~ ~ ~ Z .,, Co~cil Operations Co~i~ee FOR AGENDA OF: June 25, 1997 ORIGINATING DEPT: Public Works & Utils ORIGINATOR: R. Witt, City Eng.r~fi DATE SUBMITTED: June 16, 1997 3. EXHIBITS: 1. Purchase Requisition ENDORSEMENT/.N~ INFORMATION [] APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: ,£ )R ¢}. -7-~ COUNCIL PRESIDENT 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: A potion of the outfall and storm drainage pipe for the Callow Avenue Basin CSO Priority 1, Phase 2 Project is being constructed through Puget Sound Naval Shipyard. Contaminated soils were known to exist within this area. Extensive soils testing was conducted along the pipe route to determine contamination levels. As a result of this testing, the soils were pre-characterized as problem waste. Clearance for disposal at Olympic View Sanitary Landfill, Inc. was granted by the Bremerton-Kitsap County Health District. Olympic View Sanitary Landfill, Inc. has agreed to accept this waste at a disposal rate of $24.25 per ton. It is estimated that 4500 tons of material will require disposal. The amount of the purchase order for disposal costs is $109,125. 5. RECOMMENDATION: The. City Council approve a Purchase Order for $109,125 ~2?,-~,,Lo-v ,_.~,~-~ Sanitary LandfilL. ~i for disposal of solid waste from the Callow Avenue Basin CSO Project and aut~~---~u-~ ~" RESPONSIBLE OFFICIAL: Director Pub Wks & Util ENFORCEMENT OFFICIAL: Director Pub Wks & Util EXPIRATION DATE: REVIEW DATE: 10. TI F TI N PULLED Il TABLED [] APPROVED [1 DISAPPROVED [] AMENDED [] ~REC__T. IVE: (OVER) 11. AGENDA BILL NO.: C1"7- [ dr' O 2. CLEARANCE COMMENTS: 3. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION - Continuation 6. IMPACT ON NON-PASSAGE: Project will be delayed until alternate disposal site is approved. IMPACT ON STAFFING. BUDGETS. FACILITIES. EQUIPMENT AND OTHER RESOURCES: Staffing: No Impact. Budget: Funds are included in the 1997 Wastewater Capital Fund budget as part of the Callow Avenue Basin CSO Priority 1, Phase 2 Construction Project. An expenditure from the Wastewater Capital Fund of $109,125 is necessary. Facilities/Equipment: No impact. 8. RESEARCH SOURCES: R69713 PURCHASE REQUISITION THIS IS NOT A PURCHASE ORDER REQUISITIONING / DEPARTMENT .... '~i~¢.... ~:~12.~¢.-'~' '~. LC"IL, Jl"H~-.,,~ ~ MARK FOR __ L,,~.~cJ.--. ~ . (LOCATION) (iNDIVIDUAL) AUTHORIZED BY DATE (DEPARTMENT HEAD) (ASSIGNED BY PURCHASING DEPT~ P.O. # QUAN ITEM UNITS ORDERED DESCRIPTION INTENDED USE UNIT PRICE ! TOTAL PRICE BARS CODE SUGGESTED VENDOR SUB- AMOUNT TOTAL FREIGHT - ~_c,._-f__~_~_~. V_ i rc..~.~4'A.~_~Z'~.~ .................. ~,~I'~FJ L.L. ~ /~ C. T~ PURCHASING DEPARTMENT DATE AGENDA BILL BREMERTON CITY COUNCIL SUBJECT: Parks Purchase of Copy Machine and Budget Adjustment FOR AGENDA OF: June 25~ 1997 ORIGINATING DEPT: Parks ~f~ ORIGINATOR: Jim Spencer DATE SUBMITTED: June ~9~ 1997 (comment on back 3. if necessary) --~~1 Treasurer ~ ~ Purchasing ~~ Fiscal/Budget ~' ~- w~-~---- Operations /~3~~ ~-~ Lease Agreement Budget Adjustment Request 4. SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIL ACTION: The Parks Department has been testing several brands of copy machines over the past three months and determined that the Konica 7050 Copier with finisher and stapler was the best unit for Parks needs. We currently run over 20,000 copies per month. Our existing 1991 copier is not designed to handle this volume. We have experienced excessive down time and increased maintenance costs as this older machine continues to age. Due to budgetary constraints it was determined that the best method for acquisition of this new copier was through a lease with an option to purchase. The terms of this capital lease are monthly payments of $452.18 for 18 months and a final payment of $8,888.00 in the 19th month. This balloon payment of $8,800.00 is contained in the Parks Dept. Capital Improvement Project budget for 1999. Due to miscommunication with the Purchasing Department this lease was prematurely executed before being authorized by City Council. 8. RECOMMENDATIOn: Motion to approve capital lease to purchase a Konica 7050 Copier and the accompanying budget adjustment. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: 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.): Se IMPACT ON NON-PASSAGE: Capital Lease for copier will be canceled. 6. IMPACT ON STAFFING, BUDGETS~ FACILITIES, EOUIPMENT OR OTHER RESOURCES There is sufficient operations and maintenance expenditure for 1997 and 1998. The balance of the lease is budgeted in the 1999 CIP for Parks. 7. RESEARCH SOURCES: 57 T SH]BA EASY LEASE LESSOR: Toshiba America Information Systems, Inc. Equipment Model & Oe~criot~on Serial Number O see attached schedule for additional Equipment TRANSACTION TERMS: RENT S ff5~'''~ / ''~ (plus applicable taxesl LEASE TERM J-- /'2 / ? e PAYABLE: {check onei ~'r~nthly 0 Quarterly 0 Semi-Annually 0 Annually PURCHASE OPTION AT END OF LEASE TERM: (~) Fair Market Value ~' g'~--~-g~) ADVANCE RENT $ Iplus applicable taxes) C) SECURITY DEPOSIT Equipment Location {if different from Lessee address above): Lessee ContacC'etephone: We have written this Lease ia pteil~ language because we want you To ~oderstand its terms fully. Please ~ealt your copy of this Lease cereiuOy anii feel free to ask us any que~ions you may ha~e about it ~e words ~ou" and "you~ mean the Levee ~med above. The words ~we", 'us". and "DuC refer to the ~or ~med above. 1. L~SE Sub}eot to me :e~s of mis Lease, you agree :o lease fr~ us the Equipment described ab~ when we accept [his Lease at cut o¢fice in Missouri. ONCE WE ACCE~ THIS L~SE YOU MAY NOT CANCEL ~ DURING THE ~LL ~SE T~M. You agree ~o be bound by all the terms of [hi~ Lease. Z DELIVERY AND ACne.ANne OF EQUIPME~. Acceptance of the E~ui~em occu~ u~n deliver. When you receive ~e E~ui~ment you agree m ~nspec[ it and m veri~ ~ telephone such info~auon as we mav re~uire ~r. at our re~esT, ~d us a wn~en cemficate of a~eom~e ~ o~er evidence Qf acceptance. Oeiive~ and mStatladdn costs are tour respdns~cil[~, if you have s~gn~ a ~urcha~ comrac[ f~ ~be Equ[~ent. ~ si~ni~g m,s Lease you have assigned ~ur rign~ but not your obligations under it ~o us. 3. RENT, You agree to pay us Advance Rent or Securi~ Oeposit if applicable. And Rem for ~e use of ~e Equipmentin ~he amount, plus a~ciicabie taxes, when each ~ayment is ~e. JFyour Rent ~yments are due in Advance. your firs[ Ren~ payment }s ~ue on ~he ~ate you acced~ ~e Equipment stat~ above. Sure.cent Rent p~men~s witl be due on ~e dam we :oil you. ~f your Rent :aymenm are due in Armors. all Rent payments will be due cn · e da~e we [ett you. All Rent must ~ sen[ :o ~he address we ~ell you. R~t is due whether or not you r~mve an invoice from us. You w~it Cay any required Advance Rent or Securi~ De.sit when ~u sign ~is Lease. Security Oe~si~ or Adva~e Rems may ~e commmgied a~ do nm earn tn~es[. As long as you are not in default, we may either aDpty ~ur Securi~ Deposit [o ~e last Rm~T or to ,,'our purpose Option or we m~ rcund ~e S~uriw 9epmiT ~e you wh~ me Lease Term expires a~ the Equipment is returned in ge~ operating condition. I~ we collem more ~an one pavmem as 4dvance ~ent, we may a~¢y such A~vance Rent ~o ~e Rent palm(s) due at ~he en~ et · e ~ase Term. If we bill you. ,leu will pay maintenance Fees ~r the Equipment with The Rent. You au~edze us [o change ~e R~[ by nm more man 15% in ~e ~en~ of price c~anqes, changed orders, returns, etc. You a~so authorize us [Q inse~ or correct missing infor~Tion on {~is ~ase, including your official name. We will send you ¢Oies ~f such changes. Restrimive endorsemen~ on ~ec~s y~u send m us will n~[ r~uce your o~ligand~s m us. Unle~ a proper exemption ce~ificate is provided, applicable sat~ and use taxes will he added to ~e Rent IMPORTANT: READ BEFORE SIGNING, THE'TERMS OFTHIS LEASE (INCLUDING THOSE ON THE REVERSE SIDE) SHOULD BE READ CAREFULLY BECAUSE ONLY THOSE TERMS IN WRITING ARE ENFORCEABLE. TERMS OR ORAL PROMISES WHICH ARE NOT CONTAINED IN THIS WRITTEN LEASE MAY NOT BE LEGALLY ENFORCED. YOU MAY CHANGE THE TERMS OFTHIS LEASE 0 NLY BY ANOTHER WRITTEN AGREEMENT BETWEEN YOU AND US. YOU AG REE TO COMPLY WITH THE TERMS AND CONDITIONS OFTHIS LEASE. THIS LEASE IS NOT CANCELLABLE. YOU AGREE THATTHE EQUIPMENTWILL BE USED FOR BUSINESS PURPOSES ONLY AND NOT FOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES. YOU CERTIFY THAT ALL THE INFORMATION GIVEN IN THIS LEASE AND YOUR APPLICATION WAS CORRECT AND COMPLETE WHEN THIS LEASE WAS SIGNED. THIS LEASE IS NOT BINDING UPON US OR EFFECTIVE UNTIL AND UNLESS WE EXECUTE THIS LEASE. THIS LEASE WILL BE GOVERNED BY THE LAWS OF THE STATE OF MISSOURI. YOU AGREE TO THE JURISDICTION AND VENUE OF FEDERAL COURTS IN MISSOURI AND STATE COURTS IN RANDOLPH COUNTY, MISSOURI. ACCEPTED BY: PROPOSED BY: LESSEE' W ~-- ,'Jo.! 0"~ '(~--~'" '" ~'~' '~ '~ ~ LESSOR: TOSHIBA AMERICA INFORMATION SYSTEMS, INC. '/ '1 J ~,i ~L~ar~ '" ~, - -- ) . ~.,'mm:l blame, a~ ,~ el IJN£ONBITIONAI. GUARANTY in cons;aeration de Lessor .~n,'ar;ng nog rne 3~ave Leaee in reliance on (his guaranty. ,'he undersigned, together and seeara[ely, unco¢ci:rc!'all¥ and ~rre,¢ocabtv guara2[ee [o Lessor. ;[S successors and assr?s, ;.ne 2ramco ga,=em a¢.o .~ereermence cf ,ail cci,ga;,ons :,hoer ,~he Lease. We agree ,'nat ~al Jh~s is a guaranty of Day'men[ ana nat or collection, and tra~. Lessor .':.an oroceed altec;iv against '.'s wi;,"nu~ d~sDosing ,ar any S ec:,Jri..'-/or see';m; tO COtleC: ¢rOm L--.'s~ae :bi ne ',rowe al defenses ar~ notices, it, eluding :,hose of oretRst, 2resentment and demanc. 'ti Lessor ,,-'ay renew -~.,,:end or l~er~vlse caar,'..'e rne ',arms cf The Lease wimcut 2outs :~ '.'s ar.,c ',e w, li ~e :6:~n~ by such ':2:loges. ,mc ~c~ '.','e .'r ii :ay ail of Lessors cos,'s ~f enforcement and ccdecrlan. Th~s guaranT,~ ;ur/wes ;ne oa~r:,s'%' ':t L~%ee ~nn binds cur -~c,.-.m:sL'a:or,~ successors and assigns. 3t, r om ga[ ,::' 4 ~.r, Qer :~s r]uarm',"¢ %~qm,oe ~.,te~ f L':.%~.e :ecam~ insolvent or ban,'cat .~r ;s discnarge~ From ~an~ructC; ant ':~e %3rea cot ;o -:ae~ 'c :;e r~-oa~(/by ~e%sae in :re -.-,.,er,.'. ',~e mt;s[ ~,¢ vassar THIS GUARANTf' WILL DE GOVERNED aY THE SAME STATE LAW AS THE L,'~ASE. WE AGREE TO JURISDICTION AND VENUE !N THE STATE AND FEDERAL COURTS IN THE SAME ~'ATE AND COUNTY. PERSONAL: PERSONAL: 9'4 .... indMduall¥ ~v Address: AdOres2: Social Secur:tv ;'lumber' .Social Sacurie/*lumber: Witness: .... Wimess:_~* Requesting Department: CITY OF BREMERTON BUDGET ADJUSTMENT REQUEST GENERAL FUND - PARK DEPARTMENT NO. 97-15 SOURCE OF FUNDS: Description Amount INCREASE: CAPITAL LEASE 16,629 DECREASE: PARKS SUPPLIES & SER. 2,936 USE OF FUNDS: Description INCREASE: CAPITAL - COPY MACHINE Amount 16,629 INCREASE: DEBT SERVICE 2,936 NARRATIVE: This adjustment will allow the purchase of a copy machine by the Park Dept. on a capital lease and provide for the required payments in the current fiscal year. Department Head Signature Treasurer Comments: Date ~~Recommended Mayor Comments: Not Recommended Treasurer's Sig~ ~ Date Recommended Not Recommended [-~ Approved ~---~ Denied M~yo¢ ~'~ ~'//~ ,/~,7 s Signature Fiscal & Budget Committee Comments: Date ~/'Recommended ~-~ Approved {-~ Not Recommended Denied AGENDA BILL - BREMERTON CITY COUNCIL SUBJECT: Resolution # o~,O ~ Authorizing lAC Applications for Smith Cove Development and Pendergast Field Lights FOR AGENDA OF: 25 June, 1997 ORIGINATING DEPT: Parks & Recreation ORIGINATOR: Jim Spencer, Interim Director DATE SUBMITTED: 16 June, 1997 CLEARANCES: 3. (Comment on back if necessary) Parks & Recreation Directork-/~-.- C~ty Treasurer: EXHIBITS: Resolution Summaries & Site Plans Grant Submittal/Award Notification Worksheets THIS ISSUE WAS PRESENTED AT THE 22 APRIL 1997 FISCAL & BUDGET COMMITTEE MEETING ENDORSEMENT 5<. INFO/RM~TION APPROVED BY COUNCIL PRESID~EkNT FOR S .I~BMITTAL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Smith Cove Development (Phase II of the Evergreen Park Project) and Pendergast Field Lighting projects are being submitted to IAC for funding in 1998. The Smith Cove Project provides for the renovation of the southeast portion of Evergreen Park (2.5 acres) and the development of 4.5 acres of property being acquired around Smith Cove on the Port Washington Narrows. Development includes two open play areas, an amphitheater, picnic shelter, restrooms, walking path, reconfigured boat launch parking and additional general use parking. This exciting project expands Bremerton's oldest Park (Evergreen) by 4.5 acres by converting an old industrial brown field into a beautiful new waterfront park. Pendergast Field Lighting Project will provide athletic lighting to the three softball fields, two soccer fields, and the parking lot. A total of 20 light standards around the three softball fields, 12 light standards serving the two soccer fields, and 22 standards in the parking lot will be installed. The softball fields will be lit to tournament level, and the soccer fields to recreational level. This will provide the ability to program the complex to its maximum potential by lengthening the programmable hours as well as providing year round use of the soccer fields to take advantage of the all-weather surface. The total cost to the Pendergast Field Lighting Project was increased by $102,003 from the time it was presented to the Fiscal & Budget Committee to accommodate the necessary illumination for the parking lot. 8. RECOMMENDATION: To adopt Resolution # ~O'~ authorizing the Mayor to submit grant applications for Smith Cove Development and Pendergast Field Lighting to the IAC (lnteragency Committee for Outdoor Recreation) for funding assistance. 9. RESPONSIBLE OFFICIAL: Jim Spencer ENFORCEMENT OFFICIAL: Jim Spencer EXPIRATION DATE: REVIEW DATE: PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED DISAPPROVED DATE: AMENDED 11. AGENDA BILL #: q7- CLEARANCE COMMENTS: 5. IMPACT OF NON-PASSAGE: Grant application process would be halted. 6. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES: If successful, the grants will assist in developing facilities and expanding services to the citizens of Bremerton. Due to nature of the improvements, there should be minimal impact on maintenance and operations. 7. RESEARCH SOURCES: RESOLUTION NO. BREMERTON CITY COUNCIL A RESOLUTION Regarding approval of Proposed Grant Funding Requests for two Washington Wildlife & Recreation Program projects to the Interagency Committee for Outdoor Recreation (I.A.C.) as provided in Chapter 43.98A RCW, a Washington Wildlife & Recreation Program. WHEREAS, the City of Bremerton has approved a Comprehensive Parks and Recreation Plan that includes Evergreen Park, a community/regional park in the central part of the city and is the number one Capital Improvement Program Project; and Pendergast Regional Park, a regional park in the southwestern part of the and is also identified as a Capital Improvement Program Project; and WHEREAS, under the provisions of Washington Wildlife & Recreation Program, state and federal funding assistance has been requested to aid in financing the cost of land and facilities for local public bodies; and WHEREAS, the City of Bremerton considers it in the best public interest to develop these parks; NOW, THEREFORE, BE IT RESOLVED, by City Council of the City of Bremerton, That the mayor is authorized to make formal application to I.A.C. for funding assistance for the development of the Smith Cove Development Project (Evergreen Park Project Phase 2) ($300,000) and the Pendergast Regional Park Field Lighting Project ($300,000). That any funding assistance received be used for the development of the Smith Cove Development Project (Evergreen Park Project Phase 2) and/or the Pendergast Regional Park Field Lighting Project. That City of Bremerton anticipates its matching share of project funding will be derived from General Obligation Bonds. Smith Cove Development - $849,660 and Pendergast Field Lights - $311,787. 4. City of Bremerton acknowledges that they must support all non-commitments to the local share should they not materialize. 5. City of Bremerton acknowledges that any property acquired or facility developed with I.A.C. financial aid must be placed in use as an outdoor recreation facility or habitat Page I 06/16/97 o conservation area and be retained in such use in perpetuity unless otherwise provided and agreed to by City ofBremerton, I.A.C., and any affected federal agency. That this resolution becomes part of a formal application to I.A.C. That City of Bremerton provided appropriate opportunity for public comment on these applications. Passed by Bremerton City Council on .,1997. David Fan' Council President Signed and approved by the Mayor and City Clerk of the City of Bremerton this (date) ,1997 Lynn Horton Mayor Kathleen McCluskey City Clerk Page 2 06/16/97 Washington Wildlife and Recreation P~gram Local Parks Category Application Project Summary TITLE: Smith Cove Development (Development) NUMBER: STATUS: 97-1139D Application Submitted APPLICANT: Bremerton Parks & Rec Dept CONTACT: Jim Spencer (360) 478-7252 COSTS: lAC $300,000 26% Local $849,660 74% Total $1,149,660 100% SPONSOR MATCH: Bonds - Council $~9,~0 DESCRIPTION: Smith Cove Development provides for the renovation of the southeast portion of Evergreen Park (2.5 acres) and development of 4.5 acres of recently acquired land around Smith Cove on the Port Washington Narrows. This exciting project expands Bremerton's oldest park (Evergreen) by 4.5 acres by converting an old industrial brown field into a beautiful new waterfront park! Development includes an amphitheater, 2 multi-purpose playfield areas, new picnic shelter, restrooms at the southend, walking path, reconfigured boat launch parking to add additional general use parking. LOCATION INFORMATION: From the Bremerton Ferry Dock, proceed north on Washington Street. Continue through the intersection at Washington & Manette Bridge, Washington tums into 11u~ Avenue. Proceed west on 11t" Ave. to Park Avenue, turn dght. Proceed North on Park Avenue until you reach Evergreen Park, 1400 Park Ave. The project is newly acquired property at Smith Cove between Sheldon Ave/13th Street and Smith Cove to Pacific Avenue. COUNTY: Kitsap SCOPE (ELEMENTS): Architectural & Engineering Parking Trails Fencing & Gates Restrooms Utilities Landscaping Shelters Viewpoints Park Amenities Signing Park Furniture Site Preparation LAND CHARACTERISTICS: ANTICIPATED Existing Acres ACREAGE TYPE Acres To Acq Acres To Dev Acres To Renov Total Uplands 11.5 7.00 .00 LAND COMMENTS: Land is relatively fiat and bordered on the east by Port Washington Narrows. LAST UPDATED: M~6,1~7 DATE PRINTED: Mac 16,1997 Addendum #1 City of Bremerton ._ GRANT SUBMITTAL/AWARD NOTIFICATION WORKSHEET Department: Bremerton Parks & Recreation Project/Grant Contact: Jim Spencer Phone Number: 478-5305 Project Title: Evergreen Park - Phase 2 (Smith Cove Development) Project Summary: Evergreen Park - Phase 2 (Smith Cove Development) includes: completion of the renovation of the existing park by developing an amphitheater area, expanded trail system, and reconfigm'ed parking lot; development around Smith Cove includes further expansion of the trail system, a much needed multi-purpose playfield, restroom and additional parking. Granting Agency: Submission Deadline: May 1, 1997 Beginning Date: May, 1998 Federal CDFA #: FINANCIAL/BUDGET DATA: Interagencv Committee for Outdoor Recreation (IAC), Washington State Ending Date: December 31, 1998 Other Award,,. "' SUBMITTAL AWARD Grant Amount: Match Amount: Project Amount: Fund #: MATCH: 72.7% · Match Specifics: $,, 300,000.00 $ 800.000.00 $ 1,100,009.00 Fund Name: Fund #: Name: O.O. Bond~* $ 800.000.00 *G.O. Bonds paid by revenue fitom Fund 407 (Gold Mountain Golf Course) All Bold Items to be complet~l and [n--~aented to Fiscal & Budg~ r~vicw before submitting application. All Award items to be updated and pres~t~d ,~dth Council Ageuda Bill for formal a,a~-d acceptance. APPLICATION NOTIFICATION Cornmitte~~ - L/Z.a/-~, Date: ~L- 7~2.- q ~ Fiscal&Budget "' d,-/~ TRJEASURER OFFICE COMPLETES FOR GP,~NT AWARDS ***Revenue Code: ***Project #: Project Name: ***TO BE USED ON ALL ACCOUNTING AND EXPENSE P~kPERWORK 04/22/97 Grant Submittal. Doc Washington Wildlife and Recreation Program - Local Parks Category Application Project Summary TITLE: Pendergast Field Lighting NUMBER: 97-1093D STATUS: (Development) Application Submitted APPLICANT: Bremerton Parks & Rec Dept CONTACT: Jim Spencer (360) 478-7252 COSTS: lAC $300,000 49% Local $311,787 51% Total $611,787 100% SPONSOR MATCH: Bonds - Council $311,787 DESCRIPTION: This project will provide athletic lighting to the three softball fields, two soccer fields, and parking lot at Bremerton's newest athletic complex, Pendergast Regional Park. Phase 1 on the project wes opened to the public of July 28, 1995. A total of 20 light standards around the 3 softball fields, 12 light standards serving the two soccer fields, and 22 parking lot standards will be installed. The softball fields will be lit to tournament level, and the soccer fields to recreational. This will provide the Bremerton Parks & Recreation Department the ability to program this complex to its current maximum potential by lengthening the softball and soccer fields' programmable hours and providing year round access to the soccer fields to take advantage of their all-weather surface. LOCATION INFORMATION: Coming into Bremerton from the south on Highwey 16, follow Highwey 3 to Bremerton/Silverdale signs. Take the Loxie-Eagens Exit. At the stop sign turn west, onto Wemer Road. Travel .5 miles to Union Avenue and turn left. Travel about 1 mile on Union to the park entrance. Pendergast Regional Park address is 1199 Union Avenue West. COUNTY: Kitsap SCOPE (ELEMENTS): Lighting PERMITS ANTICIPATED: Building Permit LAND CHARACTERISTICS: ANTICIPATED Existing Acres Acres Acres ACREAGE TYPE Acres To Acq To Dev To Renov Total Uplands 48.00 17.00 48.00 Wetlands 2.00 0.00 2.00 LAND COMMENTS: Approximately 15 acres of Pendergast Regional Park remains to be developed with 3 more ball fields, an RV component and wetland development. However, the site for this grant request is fully developed as athletic fields and parking lot and is ready to add the lighting*. The development acreage shown reflects the approximately 17 acres associated with already developed athletic fields that would benefit from the lights. ANTICIPATED SIGNIFICANT PUBLIC ACCESS RESTRICTIONS: No LAST UPDATED: May 1, 1997 DATE PRINTED: May 16, 1997 lAC Form 056 (lapsuml.rpt) Pendergast Field Lighting /~ltllillllllllllltillll ~llllllllllllllltlllllllllltlltlllllllllll~, Addendum #2 City of Bremerton - GRANT SUBMITTAL/AWARD NOTIFICATION WORKSHEET Department: Bremerton Parks & Recreation Project/Grant Contact: Jim Spencer Project Title: Pendergast Regional Park - Lighting Project Phone Number: 478-5305 Project Summary: Light the five (5) fields developed during Phase I construction at Pendergast Regional Park. Included would be the illumination of 3 softball fields to tournament level standards and 2 soccer fields to recreational standards. Granting Agency: Submission Deadline: .May I, 1997 Beginning Date: May, 1998 Federal CDFA #: FINANCIAL/BUDGET DATA: Interagency Committee for Outdoor Recreation (IAC), Waskin~on State · Ending Date: December 31, 1998 Other Award #: SUBMITTAL AWARD Grant Amount: $ 254,892.00 $ Match Amount: $ 254.892.00 $ Project Amount: $ 509,784.00 $~ Fund #: Fund Name: MATCH: 50% Fund #: Name: G.O. Bonds* $ 254,892.00 · Match Specifics: *G.O. Bonds paid by revenue from Fund 407 (Gold Mountain Golf Course) All Bold It~rm to b~ comply'ant and pr~r~mtl~cl to Fiscal & Budget r~ri~-w b~f~ra submitting application. All Award items to b~ updated and pr~at~[ with Council Ag~ada Bill for frnmal award acc, qXance. APPLICATION NOTIFICATION OFnCE CO LEr S FOR o vr AWAm S ***Revenue Code: ***Project #: Project Name: ***TO BE USED ON ALL ACCOUNTING .aaND E,'~ENSE PAPERWORK 04/22/97 Grant Submittal. Doc '-fO AGENDA BILL - BREMERTON CITY COUNCIL RESOLUTION ~2605 1. SUBJECT: CALLOW AVENUE BASIN CSO - PRIORITY 2 CONSTRUCTION, ACCEPTANCE OF PUBLIC WORKS TRUST FUND LOAN (NO PW-97-?91-003) 2. CLEARA~C-'E~: (Comment on back Director ~'{ ~u,~c~ Utilities C ty City. Treasu~rer ( __ Council.Fisca lYua,,ei (~ommittee Council Operations Committee FOR AGENDA OF: June 25, 1997 ORIGINATING DEPT: Public Works & Utils ORIGINATOR: R. Witt, City En~"--~0jA~'} DATE SUBMITTED: June 12, 1997 3. EXHIBITS: 1. Resolution # '~ ~ O ~ 2. PWTF Loan vs. Bond Cost Comparison 3. Loan Agreement ENDORSEMENT>~ INFORMATION [] APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: MA5 COUNCIL PRESIDENT /'4t. ~¥./4~/zz2,'//~/ //./? 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION' The City applied for and received a Public Works Trust Fund (PWTF) loan in the amount up to $662,000 for construction of the Callow Avenue Basin CSO Reduction Project, Priority 2 improvements. The loan is to be paid back over 20 years at 1% interest. The attached Resolution accepts the loan and authorizes the Mayor to sign all documents relative to the loan. 5. RECOMMENDATION: The City Council pass attached Resolution # documents relative to the loan. 2605 accepting the loan and authorize the Mayor to sign all PULLED [] TABLED [l COUNCIL DIRECTIVE: 9. RESPONSIBLE OFFICIAL: Director Pub Wks & Util ENFORCEMENT OFFICIAL: Director Pub Wks & Util EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION APPROVED [l DISAPPROVED [1 AMENDED [] (OVER) 7[ 11. AGENDA BILL NO.: q7-/43 2. CLEARANCE COMMENTS: - 3. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION - Continuation 5. IMPACT ON NON-PASSAGE: The loan funds will not be available for City use and other funding will be required to perform this work. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES. EQUIPMENT AND OTHER RESOURCES: Staffing: No impact. Budget: See attached comparison. Facilities/Equipment: No impact. 7. RESEARCH SOURCES: RESOLUTION NO...~,~_~ A RESOLUTION authorizing the Mayor to sign all applications, agreements and amendments, and other documents relating to Public Works Trust Fund Loan documents, for the Callow Ave Basin CSO Priority 2 Project (PWTF Loan No.PW-97-791-003) WltEREAS, the City of Bremerton developed a plan for and is undertaking a program of construction relating to Combined Sewer Overflow (CSO) Reduction in the Callow Avenue Basin and, WHEREAS, for the City of Bremerton such project being necessary to address the needs of the area and to protect the health, safety, and well being of the people; and, WAC and, WHEREAS, the plan was developed in accordance with the requirements of 173-245, and sets forth facilities required to be constructed to serve the needs of the area; WHEREAS, the construction costs of the Callow Avenue Basin CSO Separation Project, Priority 2 facilities in accordance with the plan are eligible for State funding; now, therefore, BE IT RESOLVED BY THE BREMERTON CITY COUNCIL THAT SECTION 1: The Mayor is duly authorized to sign applications, loan agreements and amendments, and other documents relating to Callow Avenue Basin CSO Priority 2, Project Public Works Trust Fund Loan. Passed this __ day of July, 1997, by the City Council of the City of Bremerton David Farr, President Bremerton City Council 97219\bk 73 CITY Of BREMERTON WASTEWATER UTILITY- CALLOW CSO PRIORITY II COST OF FUNDS COMPARISON PWTF LOAN vs REVENUE BONDS YEAR PWTF LOAN * REVENUE NPV BOND** SAVINGS SAVINGS*** 1998 1999 41 2000 41 2001 40 2002 40 2003 40 2004 39 2005 39 2006 39 2007 38 2008 38 2009 37 2010 37 2011 37 2012 36 2013 36 2014 36 2015 35 2016 35 2017 35 462 114 765 417 068 72O 372 023 675 326 978 629 281 933 584 .236 887 539 191 46 46 46 46 46 46 46 46 46 46 708 782 782 782 782 782 782 782 782 782 782 782 46 782 5 320 5 668 6 017 6 365 6714 7 062 7 410 7 759 8 107 670.456 (37,978) (37,629) (37,281) (36,933) (36,584) (36,236) (35,887) (35,539) (35,191) 45,419 5,015 5,187 5,346 5,491 5,623 5,742 5,850 5,947 6,033 484,351 (26,637) (25,624) (24,647) (23,706) (22,798) (21,923) (21,o8o) (20,267) (19,484) TOTAL 728.200 ~ 448.402 373.836 * PWTF loan is level principal with interest at 1%. ** Assumes revenue bonds would have been '~vrapped around" existing bonds; $662,000 at 5.65% matudng in 2008. *** Future savings discounted at 3% per year. PUBLIC WORKS TRUST FUND CONSTRUCTION LOAN AGREEMENT NUMBER PW-97-791-003 Bmmerton PART I: ENTIRE AGREEMENT This agreement, and incorporated attachments, contains all terms and conditions agreed to by the DEPARTMENT and the LOCAL GOVERNMENT. This contract consists of ten pages and two attachments. An attachment to this agreement, ATTACHMENT I: SCOPE OF WORK, consists of a description of local project activities, certification of the project's useful life, and identification of estimated project costs and fund sources and is, by this reference, incorporated into this agreement as though set forth fully herein. In addition, ATTACHMENT Ih A'I-I'ORNEY'S CERTIFICATION, is by this reference incorporated into this agreement. The DEPARTMENT and the LOCAL GOVERNMENT have executed this agreement as of the date and year last written below. DEPARTMENT OF COMMUNITY, TRADE AND ECONOMIC DEVELOPMENT LOCAL GOVERNMENT Sandra L. Benbrook Name Assistant Director Title Title Date Date Approved as to Form by Attomey General Si.qnature on File Suzanne Shaw Assistant Attorney General January 6, 1997 Date Federal Taxpayer Identification Number Page PWTF 1997 Construction Loan Agreement Pdnted 3/19/97 CTED Contract Number S97-791-003 PART I1: INTRODUCTION This loan agreemenlt is made and entered into by and between the DEPARTMENT OF COMMUNITY, TRADE AND ECONOMIC DEVELOPMENT, a department of the state of Washington (referred to as the "DEPARTMENT") on behalf of the PUBLIC WORKS BOARD (referred to as the "BOARD"), and Bremerton (referred to as the "LOCAL GOVERNMENT"). The DEPARTMENT . has received an appropriation from the Washington State Legislature under the authority of Chapter 43.155 RCW to provide financial assistance to selected units of local government for the repair, replacement, reconstruction, rehabilitation, or improvement of bridges, roads, domestic water systems, sanitary sewer, and storm sewer systems. Acting under the authority of Chapter 43.155 RCW, the BOARD has selected the LOCAL GOVERNMENT to receive a Public Works Trust Fund loan for an approved public works project. PART II1: PURPOSE The-DEPARTMENT and the LOCAL GOVERNMENT have entered into this agreement to undertake a local Public works project which furthers the goals and objectives of the Washington State Public Works Trust Fund Program. The project will be undertaken by the LOCAL GOVERNMENT and will include the activities described in ATTACHMENT I: SCOPE OF WORK, as well as in the Public Works Trust Fund Application submitted to the BOARD by the LOCAL GOVERI'~IMENT and upon which this agreement is based. The assisted project must be undertaken in accordance with PART IV: TERMS AND CONDITIONS, and all applicable state and local laws and ordinances, which by this reference are incorporated into this agreement as though set forth fully herein. PART IV: TERMS AND CONDITIONS The parties to this agreement agree as follows: 4.01 Rate and Term of Loan The DEPARTMENT, using funds appropriated from the Public Works Assistance Account, shall loan the LOCAL GOVERNMENT a sum not to exceed $662,000.00. The interest rate shall be one percent (1%) per annum on the outstanding principal balance. The term of the loan shall not exceed 20 years, with the final payment due July 1, 2017. 4.02 Local Project Share The LOCAL GOVERNMENT pledges an amount of locally-generated revenue not less than thirty percent (30%) of the total eligible portion of the project cost not funded by federal or state grants as identified in ATTACHMENT h SCOPE OF WORK, to be verified at the time of project close-out. Any change in the percentage of locally-generated funds may require an adjustment ~n the loan amount or interest rate charged, or both. In such event, the LOCAL Page 2 PWTF 1997 Construction Loan Agreement Pdnted 3/19/97 CTED Contract Number S97-791-003 GOVERNMENT~.g~e~e.._s'~..!.;t~;.~.~_x_e__cute an amendment to this agreement adjusting the loan amount or interest rate, as appropriate. _ Lo~l p~ject~share' muSt.~Dsist~ 0f e~penditures ;eligible 'under,;WAC 399-30-030(3) and be related/only ~:t~ ;project.~a~ivities~:descd~e~'~in~A~ACHMENT~l:. :SCOPE OF expenditum's~.may_ be. ;ma~e.;up;~to ~el~e~:(t2). months.~pdo[ to the 'exertion' of ;the loan agreement and verified at the time of project close-out. PUBLIC:~ORKS~RUS~ F,UND:MONIESM~NO~ BE USED TO:EEIMBURSE THE LOCAL GOVEE~M~;~.F.OR ~AN~'-'COSTS-INC~EEED~ PRIOR TO: EXECUTION OF THIS,~_EOAN :.~qC~,,' :'.t~; ::,:~:::'::7~:~.' :;: ~:}' ~:,:';:~ :~. ~. ' :"~:. " :- ~'~' . : 4.03 D,isbursemeqt;of Loan:Proceeds: ..... ':~ -.,:, . ..:. The DEPARTMENT shall issue wa~ants to the LOCAL GOVERNMENT for payment of allowable expenses incuffed by the LOCAL GOVERNMENT While unde~aking and adminis~edng~app~e_~.[p~0ject activities in accordance with A~ACHMENT I: SCOPE OF WORK. In no event shall the total Public Works Trust Fund loan exceed seven~ percent (70%) of;the~.l~gib~',actual project ~os~sc~be'~isb~seme~t'of;Ioan pro.ods s~allbe ini~ia, ted by the, LOGA~ GQVERNM~NT;.on .a ~Washington State Invoi~-Voucher-fo~ -provi~d- DEPARTMEN~ ~h~ !0an ~fun~s wi.ll.:b~ disbursedto the .~OCAE'GOyE~.NMENT~ as ~oJl0ws:. Within :~i~y~ (30):. d~ys 9fJ the ~formal'~xe:cutionof this~ag[eemen~,~; a~s~m percent- (15%); :o~ the.~ approye'dTPublic .~orks ;-~mst~ 'Fund.:~oan ~shall -be~: disbursed~:by: Within :thi~y, (30):days ~:of :the ~xecution, of:a: Notice to Proceed which follows the focal award of a construction contract, a sum not to exceed seventy-five percent (75%) of the approved Public Wo~s Trust Fund loan shall be disbursed by the DEPARTMENT to the LOCAL GOVERNMENT; exqep.t:~,~the:case.o['engineedng se~ices contracts. If the approved project described in A~'C~'~-~T'-I:'-~'C~P~'-O'~WORK is solely for the completion of engineering studies;;asum~not.tO.-e~ed~seventy;five p~rceet (75%) of the approved Public Wo~s Trust Fund loan shall be disbursed by the DEPARTMENT to the LOCAL GOVERNMENT within thidy (30) day~ ~[;thZf;.~x~u~i0n;_O.f~_~.otice to Proceed following the formal award of a contract for engineenng seduces. At the ~time of:~ pmjec~::c0mp etion,~. CI0~,out Repo~, ([efe[:.~ Sec~io~n :~4.19 for,Close-out Repo~); .~hall b~,:~b~tted ~to .the ~:DEPARTMENT by the L~AL GQ~ERNME~T ce~ify ng total actual project: ~s.ts.;~ :The Close-out-~Repo~ shall include :COpie~ of:the approved closure repo~s from the Depa~ment of Revenue and the Depa~ment of Labor & Industries. The fin~ 'Public W~"~ T~u~{Fund loan disbursement shall not bring the~tal loan in excess of seven~-pe~9Ot..(70~/~,.,o~;-the ~9..igibl~ ;~p.ro~t~. costs~r th~ tota! ~of, $~o~o.oo. ~hi~ever is less, nor:,.~ha~.l,-:tbis ,d~sb~r~eme~t. 9cc~r?d~:: to, ~e.: completio~ clearance-of all Close, out doc~ents: from-,the.gepa ~ment ,of ,~eveoUe, an~ the D~a ~ent o[ Labor ~:, JDdu~ries.~,,. The~-~lose~out ;Repo~,shall~ se~ as,, a conEact ~AMEN D~NT :.. fo~ dete~inJ;ng;the.fina~ I~an;,amo~nt, interestrate~.a~:~oca .share~ PWTF 1997, Col~struction LoamAgreefnent-~. ~,~,- Printed 3/19/97~:, :. i; '- CTED Contract NumberS97-791-003; ~ -'i ' In the.~event,'that,.':.the-~finat~.costS:-.identified in the Close-out Report indicate that the LOCAL GOVERNMENT has received Public Works Trust Fund monies in excess of seventy percent (70%)!o~,eligible costs ~allfunds :in.excess ,of.:seventy percent (70%).shallbe repaid .to the DEPAP, TMEN~'within~thirty;('30):daYs~of:submissiOi30fthe ClOse-out Rep0rt.i:~:' , C~,.~ ':-:. 4.04 :--Interest :Earned on!Public;Works-~rust FunddVIonies:. All interest~ea .n3ed~on;~funds ?disb~rsed'.:.b'.y.2the DEPARTMENT, .and .;held 1)y-.the LOCAL .. GOVEENMENT ;Shall :aCcrue ~to' tht~;be'n~fit',.of the' EOCAL~ GOVERNMENT.~ and' be apPlied to'," the elig-il~te;e:,OS[s ~(~f the approved project.. Benefits shall accrue in one of two ways: 1..:::.~;_Re~.cl_ugp'_~_Aa_m_0~p.t_0.[_.the:?~blig~_~Norks Trust Fund loan. 2. ":-i*~Pa~:~)ert;bf'~the~'eligible!iproject costscthat areJn excess of.i~ATT-ACPIMENT :'!:; SCOPE" ~!iOF.:WORK~estimate~:(Owe~'run,of Project 'dOStS.)?.' ';! '~ '.;, ~;'I~ ",;-'i~ . _~,~:~;~ The LOCAE. GOVERNMENt' ~atk~blish~ p~cedures .tO- e~u~e:that ~l:mo~es received ~rom the pQblic Wo~ssT~sb F~:,'loanj :~be~readilyddentified :'and ~a~ounted~ fo[~ at any ~time dufing;~the:.li[~e~,.~is;Ida~me~e'ht.:, 'Such' procedures' shall: consist of the :es~blishment.:of a sepata[~.~a~d.;-~a~o'~nt,' h:sub:a~0unt ~ or~ anY:~.o~er :-method';: meetihg ~g~neral[y" ack,ed accounting principles. The LOCAL GOVERNMENT shall begin the a~ivities identified within A~ACHMENT I: SCOPEOF~W~RELno;iate~.than, O~ber :~, ~:~ 997,..and reac~Pro~ct compleQo~ no:later than · thi~=six.(36) mon~"affe~,thed~e:of agreement 'execution. '~ "~. ;:': .:~ ~-:::.:.:~-.' ..7 ~ ;:,, ~:, ;;~ .. FailuCe;to ~e~o~'. Within::~e time frame descd, bedjn the preceding.~paragraPh may: constitu~..:: default of, [his; agree~e~:and ~e'quire :.~e im~ediate; repayment, of~ any :loan'fUads~-disbumed: In the .event.of e~enuating ,drcums~nces;.the :LOCAL' GO~ER ~MEN~: may request; ;in Wdting, ,' that the-BOArD :e~end;tha 'deadline fo~ ~rdject;cbmPletion.' ~he BOARD..~Y~ b~ ~a'~O,thirds~,' The term of this agreement shall be for the entire term of the loan, irrespective of actual project completion, unless,terminated:sooner:as prOVidedherein. -.: '-;: :: ,,:. -; The first loan repayment under this agreement is due July 1, 1998, and subsequent installments ate.dUe ~On: JulY: ~ :of ea~ year dudng the te~ of the ~an; .;The first:repayment under,this agreement ;~h~l ,consist of i.aterest~o~nly at the rate of onePerc~nt (1%).per annum, ~lcUlated :on' a':'360~day :y.ear ~'o~'~elve. f30~day months, applied, to.:.funds ;rec~i~e.d fmm::the DEPARTMENTal Interest ~will.;begin~t~. a~me, frOm ;the date the~ DEPARTMENT ~issaes .'each wa~ant:to the ~LQCA~GOVE~NMENT:; SubSequent repayments: shall consist of,~lLlg'::~f ~e Page'4:,: PWTF '1997;Constrdctlon Loan:Agreement. Printed :~/1:9/97 ~ CTE D C0ntmct Number S97,791q:)03 principal plus interest on the unpaid balance of the loan. The final payment shall be an amount sufficient to bring the loan balance to zero. The LOCAL GOVERNMENT has the dght to repay the unpaid balance of the loan in full at any time, and the dght to repay at a faster rate than is provided in this agreement, provided that any such payment must equal or exceed the amount normally due on an annual basis. The LOCAL GOVERNMENT will repay the loan in accordance with the preceding conditions through the use of a check, money order, or equivalent means made payable to the DEPARTMENT and sent to: Department of Community, Trade and Economic Development Administrative Services Division/Fiscal Unit 906 Columbia Street S.W. P.O. Box 48300 Olympia, Washington 98504-8300 4.07 Repayment Account The LOCAL GOVERNMENT shall repay the loan solely from utility revenues, general obligation revenues, or a combination thereof. The name of the fund, account, or sub-account shall be 4.08 Default in Repayment Loan repayments shall be made to the DEPARTMENT in accordance with Section 4.06 of this agreement. A payment not recieved within thirty (30) days of the due date shall be declared delinquent. Delinquent payments shall be assessed a daily penalty begining on the thirty-first (31) day past the due date. The penalty will be assessed on the entire payment amount. The penalty will be twelve percent (12%) per annum calculated on a 360-day year. Upon default in the payment of any annual installment, the DEPARTMENT may declare the entire remaining balance of the loan, together with interest accrued, immediately due and payable. Failure to exercise its option with respect to any such repayment in default shall not constitute a waiver by the DEPARTMENT to exercise such option for any succeeding installment payment which may then be in default. The LOCAL GOVERNMENT shall pay the costs and reasonable legal fees incurred by the DEPARTMENT in any action undertaken to enforce its rights under this section. Page 5 PVVTF 1997 Construction Loan Agreement Printed 3/19/97 CTED Contract Number S97-791-003 7? 4.09 Loan Security The LOCAL GOVERNMENT must select one of the following options for securing repayment of the loan. Please initial the appropriate option. GOVERNMENT. General Obligation: This loan is a general obligation of the LOCAL 2. Revenue Obligation: This option may be used only if the entire project is a domestic water, sanitary sewer or storm sewer utility project. LOCAL GOVERNMENTS performing a storm sewer project that have not created a storm sewer utility or a combined sanitary sewer/storm sewer utility may not use this option. Projects providing for a mixture of bridge, road, domestic water, sanitary sewer, and storm sewer activities may not use this option. This loan is a revenue obligation of the LOCAL GOVERNMENT payable solely from the net revenue of the utility system indicated below. Payments shall be made from the net revenue of the utility after the payment of the principal and interest on any revenue bonds, notes, warrants or other obligations of the utility having a lien on that net revenue. As used here, "net revenue" means gross revenue minus expenses of maintenance and operations. The DEPARTMENT grants the LOCAL GOVERNMENT the right to issue future bonds and notes that constitute a lien and charge on net revenue superior to the lien and charge of this loan agreement. Please choose and initial one of the following utility systems: Water Sanitary Sewer (Wastewater) Stormwater WatedSanitary Sewer StormwatedSanitary Sewer Nothing in this section shall absolve the LOCAL GOVERNMENT of its obligation to make loan repayments when due, and to adjust rates, fees, or surcharges, if necessary, to meet its obligations under this agreement. 4.10 Recordkeeping and Access to Records The LOCAL GOVERNMENT agrees to keep such records as the DEPARTMENT may require. Such records will include information pertinent to work undertaken as part of the project, including demonstration of compliance with the terms and provisions of this agreement and all applicable state and local laws and ordinances. The LOCAL GOVERNMENT agrees to retain these records for a period of three years from the date of project completion. Page 6 PVVTF 1997 Construction Loan Agreement Pdnted 3/19/97 CTED Contract Number S97-791-003 The DEPARTMENT and duly authorized officials of the state shall have full access and the dght to examine, excerpt, or transcribe any pertinent documents, papers, records, and books of the LOCAL GOVERNMENT and of persons, firms, or organizations with which the LOCAL GOVERNMENT may contract, involving transactions related to this project and this agreement. 4.11 Reports The LOCAL GOVERNMENT, at such times and on such forms as the DEPARTMENT or the BOARD may require, shall fumish the DEPARTMENT with such periodic reports as it may request pertaining to the activities undertaken pursuant to this agreement including, but not limited to, quarterly progress reports, the Close-Out Report, and any other matters covered by this agreement. Failure to file periodic reports as requested may result in termination of this agreement as per Section 4.15. 4.12 Indemnification The LOCAL GOVERNMENT will defend, protect, indemnify, save, and hold harmless the DEPARTMENT, the BOARD, and the state of Washington from and against any and all claims, costs, damages, expenses, or liability for any or all injuries to persons or tangible property, arising from the acts or omissions of the LOCAL GOVERNMENT or any of its contractors or subcontractors, or any employees or agents of either in the performance of this agreement, however caused. In the case of negligence of both the DEPARTMENT and the LOCAL GOVERNMENT, any damages allowed shall be levied in proportion to the percentage of negligence attributable to each party. 4.13 Amendments, Modifications, and Waivers Except for an increase in the amount of the loan governed by this agreement, the LOCAL GOVERNMENT may request an amendment of this agreement for the purpose of modifying the SCOPE OF WORK or for extending the time of performance as provided for in Section 4.05. No modification or amendment resulting in an extension of time shall take effect until a request in writing has been received and approved by the Board in accordance with Section 4.05. No amendment or modification shall take effect until approved in writing by both the DEPARTMENT and the LOCAL GOVERNMENT and attached hereto. No conditions or provisions of this agreement may be waived unless approved by the DEPARTMENT in writing. 4.14 Disputes Except as otherwise provided in this agreement, any dispute concerning a question of fact arising under this agreement that is not disposed of by this agreement shall be decided by a panel consisting of a representative of the DEPARTMENT, a representative of the LOCAL GOVERNMENT, and a representative of the BOARD. The panel shall reduce its decision to writing and furnish a copy to all parties to the agreement. The decision of the panel shall be final and conclusive. This clause does not preclude the consideration of questions of law in connection with decisions provided for in the preceding paragraph provided that nothing in this agreement shall Page 7 PWTF 1997 Construction Loan Agreement Printed 3/19/97 CTED Contract Number S97-791-003 be construed as making final the decisions of any administrative official, representative, or board on a question of law. 4.15 Termination for Cause If the LOCAL GOVERNMENT fails to comply with the terms of this agreement, or fails to use the loan proceeds only for those activities identified in ATTACHMENT h SCOPE OF WORK, the DEPARTMENT may terminate the agreement in whole or in part at any time. The DEPARTMENT shall promptly notify the LOCAL GOVERNMENT in wdting of its determination to terminate, the reason for such termination, and the effective date of the termination. Upon termination of the loan agreement, the DEPARTMENT shall declare the entire remaining balance of the loan, together with any interest accrued, immediately due and payable. 4.16 Goveminq Law and Venue This agreement shall be construed and enforced in accordance with, and the validity and performance hereof shall be governed by, the laws of the state of Washington. Venue of any suit between the parties arising out of this agreement shall be the Superior Court of Thurston County, Washington. The prevailing party is entitled to recover costs in accordance with Washington State Law (Chapter 4.84 RCW). 4.17 Severability If any provision under this agreement or its application to any person or circumstances is held invalid by any court of rightful jurisdiction, this invalidity does not affect other provisions of the agreement which can be given effect without the invalid provision. 4.18 Project Completion The DEPARTMENT will require and notify the LOCAL GOVERNMENT to initiate a Close-out Report when the activities identified in ATTACHMENT h SCOPE OF WORK are completed. In the report, the LOCAL GOVERNMENT will provide the following information to the DEPARTMENT: A description of the actual work performed, in addition to a certified statement of the actual dollar amounts spent, from all fund sources, in completing the project as described. Certification that all costs associated with the project have been incurred. Costs are incurred when goods and services are received and/or contract work is performed. Copies of the approved closure reports from the Department of Revenue and the Department of Labor & Industries, certifying that all sales taxes have been paid and appropriate industrial insurance and prevailing wages have been paid. Page 8 PWTF 1997 Construction Loan Agreement Pdnted 3/19/97 CTED Contract Number S97-791-003 4.19 Proiect Close-out In accordance with Section 4.03 of this agreement, the LOCAL GOVERNMENT will submit, together with the Close-out Report, a request for a sum not to exceed the final ten percent (10%) of the loan amount. This disbursement shall not occur pdor to the completion of all project activities and clearance of all Close-out documents from the Department of Revenue and the Department of Labor & Industries. The LOCAL GOVERNMENT shall be responsible to ensure compliance with the Department of Revenue and the Department of Labor & Industries requirements by their contractor(s). 4.20 Audit Audits of the LOCAL GOVERNMENT'S project activities may be conducted by the Municipal Division of the State Auditor's Office in accordance with' state law and any guidelines the DEPARTMENT may prescribe. Payment for the audit shall be made by the LOCAL GOVERNMENT. 4.21 Proiect Signs If the LOCAL GOVERNMENT displays, dudng the pedod covered by this agreement, signs or markers identifying those agencies participating financially in the approved project, the sign or marker must identify the Washington State Public Works Trust Fund as a participant in the project. 4.22 Utilization of Minority and Women Business Enterprises (MWBE) The LOCAL GOVERNMENT is encouraged to utilize business firms that are certified as minority-owned and/or women-owned in carrying out the purposes of this loan agreement. LOCAL GOVERNMENTS may set their own utilization standards, based upon local conditions, or may utilize the state of Washington MWBE goals, as identified in WAC 326-30-041. 4.23 Nondiscrimination Provision During the performance of this contract, the LOCAL GOVERNMENT shall comply with all federal and state nondiscrimination laws, including, but not limited to chapter 49.60 RCW, Washington's Law Against Discrimination, and 42 U.S.C. 12101 et seq, the Americans with Disabilities Act (ADA). In the event of the LOCAL GOVERNMENT'S noncompliance or refusal to comply with any applicable nondiscrimination law, regulation, or policy, this contract may be rescinded, canceled, or terminated in whole or in part, and the LOCAL GOVERNMENT may be declared ineligible for further contracts with the DEPARTMENT. The LOCAL GOVERNMENT shall, however, be given a reasonable time in which to cure this noncompliance. Any dispute of fact may be resolved in accordance with the Section 4.14, Disputes. Page 9 PWTF 1997 Construction Loan Agreement Pdnted 3/19/97 CTED Contract Number S97-791-003 PART V: SPECIAL ASSURANCES The LOCAL GOVERNMENT assures compliance with all applicable state and local laws, requirements, and ordinances as they pertain to the design, implementation, and administration of the approved project. Of particular importance are the following: 5.01 RCW 43.155.060 The LOCAL GOVERNMENT shall comply with the provisions of RCW 43.155.060 regarding competitive bidding requirements for projects assisted in whole or in part with money from the Public Works Trust Fund program. 5.02 WAC 399-30-030(3) The LOCAL GOVERNMENT assures compliance with WAC 399-30-030(3) which identifies eligible costs for projects assisted with Public Works Trust Fund loans. Page 10 PWTF 1997 Construction Loan Agreement Printed 3J19/97 CTED Contract Number S97-791-003 PUBLIC WORKS TRUST FUND ATTACHMENT 1' SCOPE OF WORK PW-97-791-003 City of Bremerton (Jurisdiction) Callow Avenue Basin Combined Sewer Overflow Reduction-Priority 2 Construction (Project Title) 1. Provide a clear description of the project to be financed in part by a Public Works Trust Fund loan. (Attach additional sheets if necessary): This project consists of constructing a separate storm drainage system in the lower portion of the Callow Avenue Basin. The area of separation is bounded by Yantic Avenue on the west, Callow Avenue on the east, First Street on the north, and Preble Street on the south. New storm drainage mains are expected in Preble, Porter, Farragut, Rogers, and Coontz Streets. This project includes approx/mately 3000' of 8" storm pipe, 3720' of 12" storm pipe, 2000' of 15" storm pipe, 890' of 24" storm pipe, 320' of 27" storm pipe, 26 manholes, and 150 catch basins. The term of this loan will be based on an engineer's certification of the expected useful life of the improvements, as stated below, or 20 years, whichever is less. the local government prefers the term of its loan to be less than either 20 years or the useful life of the improvements, the preferred loan term should be indicated: ;~ q) years. ¸. I, Randy Witt , licensed engineer, certify that the average expected useful life for the improvements described above is 20 years. Date: Telephone: 478-5348 C:\CONTTEMP\CONST~ATTACH 1 .DOT Scope of Work Page Two PW-97-791-003 Estimated P. roiect Costs: Preliminary Engineer Report Design Engineering Land/R-O-W Acquisition Sales or Use Taxes Other Fees Construction Inspection Start-up Costs Financing Costs Contingency (:[5 %) Construction TOTAL ESTIMATED COSTS Repair or Replacement $ 83,000 78,000 112,500 750,000 $1,023,500 Expansion or Growth $ Total $ 83,000 787000 112,500 750,000 $1~023~500 Anticipated Fund Sources: A. Federal Grants State Grants Locally Generated Revenue General Funds Capital Reserves Other Fund Rates Assessments (LID, RID, ULID) Special Levies' Federal Loan(s) from: (identify all) State Loan(s) from: (identify all) CCWF Loan Other: identify sources) TOTAL LOCAL REVENUE C. PUBLIC WORKS TRUST FUND LOAN 361,500 -0- $361,500 $662,000 C:\CONTTEMP~ONS'I~ATTACH1.DOT Scope of Work Page 3 PW-97-791-003 Calculatinq Local Percentaqe: Notes: 1. Expansion/Growth costs are not eligible for PWTF funding, Please exclude any expansion or growth related costs and funding before calculating the local percentage. 2. Grant funds can not be counted as local match. Calculate as follows: Total Local Revenue PVVTF Loan + Total Local Revenue Local Loan Percentage 35.3 The local contribution must be at least: Ten percent (10%) for a loan interest rate of Twenty percent (20%) for a loan interest rate of Thirty percent (30%) for a loan interest rate of 3% 2% 1% C:\CONTTEMP\CONS'ISATTAC H 1 .DOT Public Works Trust Fund ATTACHMENT ii: ATTORNEY'S CERTIFICATION I, , hereby certify: I am an attorney at law admitted to practice in the State of Washington and the duly appointed attorney of the (the LOCAL GOVERNMENT); and I have also examined any and all documents and records which are pertinent to the loan agreement, including the application requesting this financial assistance. Based on the foregoing, it is my opinion that: The LOCAL GOVERNMENT is a public body, properly constituted and operating under the laws of the State of Washington, empowered to receive and expend federal, state and local funds, to contract with the State of Washington, and to receive and expend the funds involved to accomplish the objectives set forth in their application. 2. The LOCAL GOVERNMENT is empowered to accept the Public Works Trust Fund financial assistance and to provide for repayment of the loan as set forth in the loan agreement. o There is currently no litigation in existence seeking to enjoin the commencement or completion of the above-described public facilities project or to enjoin the LOCAL GOVERNMENT from repaying the Public works Trust Fund loan extended by the DEPARTMENT with respect to such project. The LOCAL GOVERNMENT is not a party to litigation which will materially affect its ability to repay such loan on the terms contained in the loan agreement. 4. Assumption of this obligation would not exceed statutory and administrative rule debt limitations applicable to the LOCAL GOVERNMENT. Signature of Attorney Date Name Address AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Resolution No. ,,~ t9 5~ 1997 Traffic Calming Program. 2. CLEARANCES: (comment on b~ Director, Public Works/Utilities p City Attorney Fire Chief ~ regarding the City FOR AGENDA OF: ORIGINATING DEPT: ORIGINATOR: DATE SUBMITTED: June 25, 1997 Public Works & Utilities Randy Witt, City Engineer June 17, 1997 ,""/k~ ,xn~.u~¥k A. Resolution Presented to City Council at the Study Session of June 16, 1997 ENDORSEME~NT X_ , I~N-FORMATION ,-:X-. APPROVED BY COUNCIL PP,~~ FOuR SIJBMITTAL: COUNCrL PR SrD m /:/. 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The City received two Community Development Block Grants for the construction and evaluation of Traffic Calming Devices in four neighborhood areas; Park Avenue, Anderson Cove, Lebo Boulevard, and West Park. Engineering Division staff me~ with citizens from each area to review the traffic calming devices available and develop recommendations for each area. The Park Avenue, Anderson Cove and Westpark neighborhood areas selected the use of speed humps. Lebo Boulevard selected to have no traffic calming devices in their area. Staff will evaluate the effectiveness of these traffic calming devices. The attached 1997 City Traffic Calming Program paper provides detail on the development and direction of the program. Staff recommends approval of the attached resolution regarding the traffic calming program. 8. RECOMMENDATION: That the City Council approves Resolution No. a~ff~'t9 ~ regarding the City Traffic Calming Program. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: City Engineer N/A PULLED TABLED 10. NOTICE OFACTION APPROVED DI: COUNCIL DIKECTIVE 11. AGENDA BILL NO: 2. CLEARANCE COMMENTS: IMPACT ON NON-PASSAGE: The City will not expend the CDBG funding available for traffic calming devices. IMPACT ON STAFFING, BUDGETS. FACILITIES. EQUIPMENT OR OTHER RESOURCES: CDBG funding in the mount of $50,000 is available for construction of the traffic calming devices. 7. RESEARCH SOURCES 97377 RESOLUTION NO. o~ O ~ A Resolution regarding the 1997 City Traffic Calming Program WHEREAS, the City recognizes the need to reduce potential for conflicts between automotive vehicles and pedestrians in residential neighborhood; and, WHEREAS, the City has received requests for traffic calming devices in certain residential neighborhood areas; and, WHEREAS, the City received a Community Development Block Grant to construct and evaluate traffic calming devices; and, WHEREAS, the City staff have worked with citizens in the Park Avenue, Anderson Cove, Lebo Boulevard and Westpark neighborhood areas to determine desirable and appropriate traffic calming devices for each area, and, WHEREAS, City staff have developed a traffic calming program for expenditure of the grant funds; now, therefore BE IT RESOLVED by the City Council of the City of Bremerton: That the "City of Bremerton 1997 Traffic Calming Program" attached hereto is the City program for expending the Community Development Block Grant funds received to date on traffic calming devices. PASSED this ~ day of ,1997 by the City Council of the City of Bremerton David Farr, Council President 97377A\bk CITY OF BREMERTON 1997 TRAFFIC CALMING PROGRAM INTRODUCTION Throughout many residential neighborhoods in the City, automobile traffic competes with pedestrians for space on roadways. Additionally, in some areas, children use the street for a play area. Consequently, community concerns are expressed about speeding traffic, along with child and pedestrian welfare within these areas. These concerns have lead to specific requests for non-standard traffic calming devices, since standard strategies of lower speed limits and increased enforcement have not been successful. Some examples of non-standard devices include; speed humps, traffic circles, intersection bulbing, and traffic diverters. In response to these community concerns, the City applied and received funding for installation of these traffic calming devices in specific areas of the City. Both grants, each in the amount of $25,000, are Community Development Block Grants. The first grant was received in late 1996, while the second was received in early 1997. Associated with these grants is a City matching fund of up to $30,000 for design and engineering construction services. An evaluation of the traffic calming devices used will be made as part of this project. This project will principally benefit Iow and very low-income neighborhoods. The neighborhoods included under this project are the following; the Westpark community, the Anderson Cove area, which consists of Olympic/Rainier/Bloomington Avenues, Park Avenue, and Lebo Boulevard. Public Works staff met with each of these neighborhoods and presented to the residents an overview of the traffic calming program and the devices available. It was our intent to solicit public comment and consensus on the type of traffic calming device desired and the general location of the device. Below is a summary of the meeting results. The attached diagram provides additional detail. WESTPARK NEIGHBORHOOD The Westpark neighborhood street under consideration includes Baer Boulevard between Russell Road and Shorewood Drive along with Gaylan Boulevard, bounded on both ends by Baer Boulevard. Public Works staff attended several monthly Resident Council community meetings to discuss with the residents the project. The results and consensus of these meetings was unanimous support for the installation of speed humps along the two named streets, with the possibility of a reworked or narrowing of the Baer Boulevard/Russell Road intersection, after an evaluation of the effectiveness of the speed humps. City 1997 Traffic Calming Program OLYMPIC/BLOOMINGTON/RAINIER AVENUES (ANDERSON COVE) A meeting with the residents here resulted in unanimous support and eager anticipation for speed humps along the three avenues, bounded by 15th and 19th Streets. PARK AVENUE The area of interest along Park Avenue is the area included between 1 lth street and 17th street. Public comment on this issue was initially mixed and emotional, with varying points of views. After a meeting and lengthy discussion, consensus favoring the installation of two or three speed humps was developed. Park Avenue is also the location of the first traffic circle in the city, located at the intersection of 14th Street and Park Avenue. The feedback on this traffic calming device has been generally favorable. Speeds have reduced in the vicinity of the traffic circle, as vehicles are forced around and through the circle. The addition of the speed humps is expected to compliment the existing traffic circle and further reduce speeds and the bypass traffic. There is some discussion, in the neighborhood, to stop bypass traffic in this area by closing 17th Street at Elizabeth Avenue. Staff recommends first installing the traffic calming devices to address the neighborhood concerns, and continue the evaluation to determine if a street closure is appropriate. LEBO BOULEVARD This was the only neighborhood where strong and unanimous opposition to the program was voiced, in spite of the fact of a past fatality. After two neighborhood meetings, public opinion remained steadfast against use of any of the traffic calming devices available on Lebo. However, the community voiced a strong desire for the installation of a four way stop and/or signal at the intersection of Lebo and Hefner Avenue. This request will not be included under the traffic calming program, and will be evaluated as a separate issue by the public works staff. SPEED HUMP OVERVIEW All neighborhoods supported construction of speed humps as the preferred traffic calming device. The City street department recently completed a test speed hump along Highland Avenue between 6th and 9th streets in order to expose the public to this type of calming device. It had 2 humps, spaced 24 feet apart. Public reaction to the humps have been generally favorable with many citizens requesting them in their neighborhoods. The current hump proposed, based upon public and City staff comment, is for a 12~foot wide hump with a 3.5~inch high crown at the center. A single rather than a double hump is preferred. Spacing between the humps should generally be increased to between 200 to 350 feet apart. The double hump should be used in extreme problem areas and should have a spacing of 46 feet to 60 feet. Field conditions within each of the neighborhoods would dictate the location and layout of the speed humps. A minimum of two speed City 1997 Traffic Calming Program humps shall generally be installed on any given street location, as a single hump is less effective in speed control. Kitsap Transit along with the City of Bremerton Police and Fire Departments were invited to drive their vehicles over these humps at different speeds in order to evaluate the effects the humps have on vehicles. The results of the testing from the two agencies involved included a slowing of the vehicles to about 10 miles per hour for the average passenger car, and to a speed considerably less than that for the larger fire and transit vehicles. Kitsap Transit reaction was one of general acceptance of the speed humps, with the request to extend the hump spacing to at least equal to the wheel base length of a full size bus or 45 feet. City Fire Department opposed the humps, as in their opinion they are an obstacle in the roadway that will slow their response time. The Fire Department is willing to live with this initial limited program, however it is felt that further deployment will add time to emergency responses; jeopardizing patients with spine or neck injuries and reduce service life of medic fire units. Traffic circles were the preferred method over speed humps. City construction and related signage and striping costs for the double speed hump amounted to approximately $1,500. This amount can be reduced to approximately $1,000 for the single hump. It is anticipated that this cost may additionally decrease over time, as the crew becomes more accustomed and productive to constructing them over time. IMMEDIATE ACTION PLAN Pending City Council approval, the next step in this program is to proceed with the construction of speed humps within the particular neighborhoods as shown on the attached diagram. Construction will be carried out by the City Street Department under the oversight and assistance of the engineering staff. Once approved, construction can begin in a timely manner and continue throughout the summer months. City staff will monitor traffic speeds and volumes "before" and "after" installation of the speed humps at certain locations to determine their effectiveness. FUTURE ACTION PLAN Construction costs for these devices will be closely accounted for and monitored. Should any funds remain, the funds may be used to provide additional traffic calming in the identified areas or other areas within the City meeting the guidelines of the grants. An amendment to the grant will probably be required. Once identified, the process of public comment and consensus, followed by City Council notification would be repeated. Construction would then occur until the remaining grant money is exhausted. City 1997 Traffic Calming Program CONCLUDING REMARKS It is anticipated that the installation of these speed humps within the three areas of the City will reduce significantly the problems of speeding traffic along the targeted residential streets. Consequently, child and pedestrian welfare and the probability of accidents within these areas can be reduced. Once the grant money for these areas have been exhausted, other areas, based upon public requests can be evaluated for the traffic calming devices. Staff will pursue additional funding opportunities to continue the program. City 1997 Traffic Calming Program J~QOOH~IOgH~)IgN J.:l:ll~/g HI'Vd ONV a ~ a ~ DAOO NO~lgQNV ')II~VJISDM NOISlAIO IDNIId:IgNII)Ng gqOIAgC] DNIIN'IVO Ol:ldVl~/ - g~llJ, rllJ. t'l · g~MOM Ollgfld ..40 J. NaV~J.~lVd';aa NO.L~gI~IgI:IE! =10 AJ. IO 'IOJiUOD peeds JOl aA!il)aJle NOUD3S SSOIYD 133MJS lou s! las auo so 'iaaJiS ue^~b o ua pa:iaid aq i1!~ sdLunq p~Dds o~1 ~I]LLFIO a:~ua,u~,^uogu, puo pards p~:)npaJ eql jo esno:)~q sd~unq p~ads ql!~ iOiJUQp!GDJ J'~LJISrl UJOJJ pgJJia)gp ~q plno/~ ~;alnoJ a^!JoOJallJO $0 ~ie~JJS IOtluap!saJ I~sa:):)o q)!qM Sel3!qa^ JO e~Diu;DJed O 'OSIV J~Oi OOJ DUl(~SoJg UDHM Jo ;sl~o3Qq sdudnq paads sc~ojD S:Je^!Jp ~o esoaJ~ep pi^oM speeds ~§oJa^V ,,g!HDJi Xl!Op e6oJe^o., puo .paeds e :),tiaa e[IOJeAO,, ~JO Si)odLu! ~SeLJJ. leeJi$ '~' )tqYM301S MOll :)!JloJI aqi ua si::)oduJ! JDaJ!p 0~1 e^OLI OJ papualu! a Jo sdtunLI peadS · pe3uoqua si X'jajos 31lqnd 'seuJnlo^ puo speeds ap!He^ eql §u!:)npeJ /8 's§u!puno~ms eLIl jo eJo/~o eJouJ ~e^!~p aql e)to~ pUD siaeJis asahi uo se~nlo^ ::)!.lJoJ] puo speeds ap!He^ e:)npaJ o) si siaaJiS io!tuap!seJ uo sd~nq paads jo asodJnd xYm .OCjg - Nllfl ,gt, · 3AI/O-qPSO hlVHOOHd ~.o,~ ~o~ .o,,~o.o 31qN~AV ~HVd 3AOO NOSH3L.qNV ~HVd_LS3M J ~. .m 91Vl]O 33S ///x/// i ~' ~ /// ' AGENDA BILL BREMERTON CITY COUNCIL SUBJECT: Resolution # o~/tg) Manette Bridge Replacement Recommendation 2. CLEARANCES: (comment Director, Public Works/Utilities City Attorney Discussed at City Council Study Session of June 16, 1997 FOR AGENDA OF: ORIGINATING DEPT: ORIGINATOR: DATE SUBMITTED: June 25, 1997 Public Works & Utilities Randy Witt, City E~3girkee~r June 18, 1997 A. Location Map B. Resolution 260 lO MAYOR .%~.~,~ENDORSEMENT/5c7¢). ~ORMATION __ APPROVED BY COUNCIL PRT~E~ ~OR ~Ufl3MITT~: COUNCIL PRESDENT ~ .?~'..~/Z~-..~-~ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The Manette Bridge is in an advanced state of deterioration and has an expected life often years or less. The bridge is owned and maintained by the State, and Washington State Department of Transportation (WSDOT) is the lead agency in the bridge replacement project. WSDOT and city staffhave held four public meetings and three Council study sessions to receive input on the replacement bridge location, elevation, and aesthetics. Based upon this input, staff have formulated a recommended bridge replacement alternative. WSDOT staff will present the recommended alternate to the Council at this meeting. Council is requested to concur or modify the preferred alternative by passage of the attached resolution. 8. RECOMMENDATION: That the City Council ~ resolution~re~gg~din~g replacement of the Manette Bridge. 9. RESPONSI2BLE OFFICIAL: ENFORCEMENT OFFICIAL: N/A EXPIRATION DATE: N/A REVIEW DATE: N/A City Engineer PULLED TABLED COUNCIL DIRECTIVE 10. NOTICE OF ACTION APPROVED DISAPPROVED AMENDED DATE: 11. AGENDA BILL NO: c:~'7-/4-~ 97 2. CLEARANCE COMMENTS: IMPACT ON NON-PASSAGE: City input to the replacement of the Manette Bridge will be reduced. e IMPACT ON STAFFING, BUDGETS. FACILITIES. EO_UIPMENT OR OTHER RESOURCES: None 7. RESEARCH SOURCES 97363 RESOLUTION NO. ~f~ A Resolution regarding the replacement of the Manette Bridge WHEREAS, the Manette Bridge is in an advanced state of deterioration and has an anticipated remaining life of ten years or less; and, WHEREAS, the Manette Bridge is owned and maintained by the State of Washington; and, WHEREAS, the State desires to develop the replacement bridge in partnership with the citizens of Bremerton; and, WHEREAS, the State and City of Bremerton jointly hosted public meetings on December 11 and 16, 1996 and on April 15 and 17, 1997 and held public discussion with the City Council on December 2, 1996, April 7, 1997 and June 16, 1997, to seek input and develop consensus on the location, elevation and architectural features of a replacement to the Manette Bridge; and, WHEREAS, the State has made recommendation to the City for bridge replacement concepts to be carried forward into final design; and, WHEREAS, the State requests a City recommendation on the bridge replacement concepts for the final design; now, therefore BE IT RESOLVED by the City Council of the City of Bremerton: That the following bridge replacement concepts be carried forward into the final design process: a) The new bridge structure be south ~)f and adjacent to the existing bridge structure. b) The new bridge connect to the existing street system at the termini of the existing bridge. c) That a turn lane be added to the east end of the bridge. d) The bridge cross section include two 12-foot vehicular travel lanes, two 5-foot bike lanes/shoulders and two 6-foot sidewalks. e) That the bridge be a variable depth girder structure with five piers. f) That conduit be provided for decorative lighting at the bridge structure and piers. 2. That the State continue its parmership with the citizens of Bremerton during the design process to address issues of mutual interest. PASSED this __ day of ., 1997. 97363A\bk David Fart, Council President ~o~,'-~:~a aV~ NOI/¥OOq INa~aOVqaaB :~alBe ~//3NV~ ~ o~ NO/~a~a~8 -!0 ,kilo (XAVN) SNS~ (~0~ A~AH) 'iS ll]M~fl8 (OL~) 'O~ 3>~1 d~Sil)~ 3 M'V-I dVSllM 'O~t N'~OI~3H$ (AAYN) Manette Bridge Pedestrian/Bicycle Options Existing Bridge 9' Io 12' Vari('m 22' Io 2~1' 1 9' Io 12' ~!~ 4' ,"', I ] Cenler Liue Preferred Option 46' SMewalk 5' Shldr. Bikes 12' l_ano 12' Lane L 5' ShMr ~L~ 6' Sidewalk Bikes I Cenl~r I_ine I 3DIJJO S'-3~N.L.~N~J.LS (]NV 3D(]I~J~] ,~] (]3~Vd3~ld 3~N_L...-)N~_LS~3dNS HJ.d3C] 398¥1):1¥A 'NVdS S ~# NOIJ_d33NO~ S,.LSI.L~IV NV 31 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: 6rdinanceNo. - Final Assessment Roll for LID No. 329 - Jenner Avenue Improvements Public Hearing Required Director, Public Works/Utilities ,~?C~r'--F- ,,_ City Attorney City Treasurer_ City Clerk ('0( FOR AGENDA OF: ORIGINATING DEPT: ORIGINATOR: DATE SUBMITTED: ENDORSEME~NT MAYOR ~'~ /_,, June 18, 1997 PW & Utilities Randy Witt, City~r~ineer June 3, 1997 F'~I~)IN 3. EXItlBITS A. Ordinance #/4 5q(o Final Assessment Roll B. Location Map C. Ordinance ~4558 Forming District Assessment Roll D. Notice of Hearing, Engineers Certificate E. Resolution #2594 ~/. 7~RMATION APPROVED BY COUNCIL P~ENT FOR SUDMITTAL: · COUNCIL PRESIDENT ~"~, A//zo'&'/f-~ /../7/~3, 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: On May 7, 1997, the City Council passed Resolution No. 2594 setting June 18, 1997 as the hearing date for the final assessment on Local Improvement District (LID #329) Jenner Avenue. Any person who objects to the assessment must make their objection in writing and file them with the City Clerk at or prior to this heating. The LD was formed by Council adoption of Ordinance No. 4558. The improvements funded by the district generally include the construction of curb and gutter, sidewalk and storm drainage improvements. A meeting was held with the property owners on March 19, 1997 to discuss the assessments and establish an interest rate and term. The action before the City Council is the public heating and on the ordinance adopting and confirming the Final Assessment Roll, and then the passage of the ordinance. 8. RECOMMENDATION: ~ pass Ordinance No. ,q~)dopting and confirming the assessment roll for Local Improvement District No. 329 Jenner Avenue sidewalk improvements. PULLED TABLED 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW APPROVED DISAPPROVED City Engineer Treasurer N/A COUNCIL DIRECTIVE 10.5 DATE: qT- 34 11. AGENDA BILL NO: 2. CLEARANCE COMMENTS: Se IMPACT ON NON-PASSAGE: That the LID will not be formed and the City will bear the costs of the improvement construction. 6. IMPACT ON STAFFING, BUDGETS, FACII JTIES, EQUIPMENT OR OTHER RESOURCES: 7. RESEARCH SOURCES 97156 ORDINANCE NO. ~/5P~" AN ORDINANCE adopting and confirming the assessment roll for Local Improvement District No. 329 providing for the improvement to Jenner Avenue as described in Ordinance 4558 providing for the levying and assessing for the costs and expense thereof against the parcels and lots of land within the boundaries of said improvement district; providing for the collection thereof; creating and establishing a special fund therefore. THE CITY OF BREMERTON DOES HEREBY ORDAIN: Section 1. That the Assessment Roll for Local Improvement District No. 329 providing for the improvement of said Jenner Avenue, together with the doing of any and all work in connection therewith as may be necessary to make such improvement a complete job, all in accordance with the plans and specifications on file in the Office of the City Engineer and as approved by Ordinance No. 4558; the same is hereby approved and confirmed. Section 2. That each parcel and lot of land or part thereof, as shown in said assessment roll is specially benefitted by said improvement and that there be and is hereby assessed against each parcel and lot of land and part thereof and other property contained in said improvement district as shown in said roll, including any property belonging to the City of Bremerton and the respective amounts in said roll set against each parcel and lot of land or part thereof and other property as determined by the front footage method abutting upon, adjacent or proximate to said improvement, and such amounts so assessed are hereby declared to be first lien against each parcel or lot or part thereof against which the same is assessed in said roll. Section 3. Upon passage and publication of this ordinance, the City Clerk shall place the assessment roll with the Treasurer, who shall then publish a notice in the City's official newspaper, once a week for two consecutive weeks, that the roll is in his hands for collection and that all or any portion of the assessment may be paid within thirty (30) days from the date of the first publication of the notice, without penalty, interest or costs. Within fifteen (15) days of the first newspaper publication, the City Treasurer shall notify each owner or reputed owner whose name appears on the assessment roll, at the address shown on the tax rolls of the County Treasurer for each property described on the list, of the nature of the assessment, of the amount of his real property subject to such assessment, of the total amount of assessment due, and of the time during which such assessment may be paid without penalty, interest or costs. 1 /o7 Section 4. Failure by the owner of any property charged with an assessment to pay the total assessment within thirty days of the first publication of notice in the newspaper, shall thereafter be required to pay the assessment on an annual installment basis over a period of 5 years, at a rate of 7.9% per annum, on the outstanding balance. The owner of any property charged with an assessment may redeem it from all liability for the unpaid amount of the assessment at any time after the thirty day period allowed by payment of assessments, without penalty or interest by paying the entire installments of the assessments remaining unpaid to the City Treasurer with interest thereon to the date of maturity of the installment next due. Section 5. This ordinance shall become effective ten (10) days from passage and publication. APPROVED by the City Council of the City of Bremerton this __ day of 1997. PASSED by the City Council of the City of Bremerton this day of 1997. DAVID FARR, Council President APPROVED this day of ., 1997 LYNN S. HORTON, Mayor ATTEST: KATHLEEN McCLUSKEY, City Clerk 97297\bk 2 2441/43 2437/39. :2423/25, LID JENNER AVENUE TAX LOT NUMBER ~) 2419/2,1 3915-000-010-0006 ~ 2423/25 3968-004-009-0403 2427/29 3968-004-00~-0304 ' 2433/35 3968-004-009-0205 (~) 2437/39 3968-004-009-0007 (~) 2441/43 3968-004-009-0106 Iii HORIZ. PLOT DRAWING NO. ENGINEERING DIVISION DRAWN BY: S. JANKOWSKI I DESiGN BY: DAT,E I DATE St. JENNER AVENUE LID BOUNDRY AREA JCHECKED BY: DATE SHEET OF ADMINISTK .....IVE SERVICES · KATHLEEN McCL,.~XEY, DIRECTOR May 12, 1997 Notice of the hearing on the Assessment Roll for Local Improvement District No. 329 for curb and gutter, sidewalk and storm drainage improvements along portion of Jenner Avenue. TO: <~TO, ~ADDRESS>> ((STATE~ TAX LOT NUM]BER: .TAX LOT~ ASSESSMENT: $<~ASSESSMENT>> As the reputed owner of the above described property, you are hereby notified that the Assessment Roll for Local Improvement District No. 329 is now on file in the office of the City Clerk, and is open for inspection. Local Improvement District No. 329 provides for the improvement of curb and gutter, sidewalk and storm drainage along portions of Jenner Avenue, together with the doing of any and all other work in connection therewith as may be necessary to make such a complete job, all in accordance with ordinance No. 4458 passed by the City Council on the 12th day of June, 1996, creating said Local Improvement District No. 329 and providing that payment for said improvement shall be made by special assessment upon the property in said district specially benefited by such improvement. You are further notified that the hearing on such Assessment Roll is fixed for 6:00 P.M., or after, on Wednesday, the 18th day of June, 1997, at City Council Chambers, City Hall, in Bremerton. You are further notified to file any objection you may have to such assessment, or the assessment Roll, in writing at or before the time scheduled for hearing with the City Clerk, which objection, if any, must state clearly the grounds thereof. Failure to make objections in the time and manner herein stated shall be waived. BY ORDER OF THE CITY COUNCIL CITY CLERK 239 4TH STREET · BREMERTON, WA 98337 · (3(:/d) 478-5290 · FAX (360) 473-5200 - l/O- TO ADDRESS STATE RE TAX LOT ASSESS MENT Wayne 7410 Lazy S. Ln Bremerton, WA 2419-21 Jenner Ave, 3915-000- 2,130.67 Manchester NE 98310 Bremerton 010-0006 Richard 2423 Jenner Ave Bremerton, WA 2423-25 Jenner Ave 3668-004- 1,718.28 Herse¥ 98310 009-0403 Joseph 2429 Jenner Ave Bremerton, WA 2427-29 Jenner Ave 3968-004- 1,718.28 Palmer 98310 009-0304 Deballi 1187 Pear Tree Ln Napa CA 94558 2433-35 Jenner Ave, 3968-004- 1,718.28 Bremerton, WA 98310 009-0205 Ben & Carol 6058 Osprey Bremerton, WA 2437-_~.8'~.n~ve, 3968-004- 1,718.28 Zlateff Circle 9831~ Bremert6n'( Amos & 12121 Wallingford Silverdale, WA 2441-43 Jenner Ave, 3968-004- 1,065.34 Diane P1 NW 98383 Bremerton 009-~0-7-' Gordon O l o(~ STATE OF WASHINGTON ) COUNTY OF KITSAP ) The undersigned, being first duly sworn on oath, deposes and states: I am a resident of the State of Washington, am of legal age, and am competent to be a witness. On ~z~-/0- , 1997, I mailed a copy of a Notice of the hearing on the Assessment Roll for Local Improvement District No. 329, for the improvement of curb, gutter and sidewalk along portions of Jenner Avenue to all the property owners in the LID District as listed on the attached mailing list for first class mail, postage prepaid. SIGNED AND SWORN TO before me this ~ day of(.~h~' ?._ .... 1997, by Kathleen McCluskey ~tary-P~blic i~ ~nd for-the Star'of Washington, residing at Bremerton. My appointment expires: ,5--/,g-° 97297BA',bk f/a-- ENGINEER'S CERTIFICATE To the City Council of the City of Bremerton, in accordance with Ordinance No. 4558 which created Local Improvement District No. 329, I have prepared the following Assessment Roll pursuant to the laws of the State of Washington. I find that the actual cost of said improvement is $10,069.14. Said amount is to be equitable apportioned and assessed against the property owners specially benefitted from said improvements, as specified in the Assessment Roll. The Assessment Roll consists of 1 sheet and 1 diagram, and is a true and correct Assessment Roll for the aforesaid improvement, I hereby submit the roll for equalization and confirmation. SUBMITTED this ~q day of I~K'[ ,1997. RANDY WITT, City Engineer CERTIFICATE OF CITY COUNCIL This is to certify the Assessment Roll for Local Improvement District No. 329 was confirmed by Ordinance No. of the City of Bremerton, on the __ day of ,1997. DAVID FARR, Council President KATHLEEN McCLUSKEY, City Clerk 971~OB/bk REsoLtrno / A RESOLUTION s~ttmg a date and time for the hearing upon the assessment roll for Local Improvement District 329 and directing the issuance of said hearing by mail and publication. WltlgREAS, an ordinance providing for the sidewalk improvements on a portion of Jermer Avenue and establishing Local Improvement District 329 has been passed by the City Council; and WHEREAS, the assessment roll for Local Improvement District 329 providing for the assessments for said improvements has been filed with the City Clerk of the City of Bremerton; now, therefore, BE IT RESOLVED by the City Council oft. he City of Bremerton: That the lSth day of/mae, 1997, at 6:00 p.m. or after of said day at the Council Chambers, City Hall, Bremerton, Washington, be and the same is hereby fixed at the time and place of the hearing upon said assessment roll and that any person who desires to object thereto must make their objections in writing and file them with the City Clerk at or prior to the date set for hearing. That the time and place fixed for hearing and at times which the hearing may be adjourned, the Council will sit as a Board of Equalization for the purpose of considering the roll and the City Council will consider the objections made and will correct, revise, raise, lower, change or modify the roll or any part thereof or set aside the roll and order the assessment to be made de novo. BE IT FURTHER RESOLVED, that the City Clerk be and she is hereby directed and authorized to give notice of the time and place of said hearing by publishing notice of hearing at least once a week for two consecutive weeks in the official newspaper of the City of Bremerton, the last publication to be at least fifteen (15) days before the date fixed for hearing. The City Clerk shall further give notice of said hearing by mailing a notice at least fifteen (15) days prior to said hearing to the owners or reputed owners of the different properties whose names appear upon said assessment roll at the address of such owners as described on the tax rolls of the County Treasurer for each property described on the list. PASSED by the City Council of the City of Bremerton this 7.D~day of~, 19~c~. DAVID FAR.R, Council President AN ORDINANCE ordering the Jenner Ave Sidewalk Improvement Project all in accordance with Resolution No. 2545 of the City Council; establishing Local Improvement District No. 329; ordering the carrying out of the proposed improvement; and providing that payment for the improvement be made by City funds and special assessments upon the property in the District. WHEREAS, by Resolution No. 2545 adopted May 15, 1996, the City Council declared its intention to order the improvement of Jenner Avenue, and fixed June 5, 1996 at 6:00 p.m. or later, in the Council Chambers of the City Hall as the time and place for hearing all matters relating to the proposed improvement and all objections thereto and for determining the method of payment for the improvement; and WHEREAS, the City Engineer caused an estimate to be made of the cost and expense of the proposed improvement and certified that estimate to the City Council, together with all papers and information in his possession touching the proposed improvement, a description of the boundaries of the proposed local improvement district and a statement of the cost and expense of the improvement to be borne by the property within the proposed district and which are on file in the Office of the City Engineer; and WHEREAS, that estimate is accompanied by a plan of the proposed improvement showing thereon the lots, tracts, parcels of land, and other property which will be specifically benefitted by the proposed improvement and the estimated cost and expense thereof to be borne by each lot, tract and parcel of land or other property and which is on file in the office of the City Engineer; and WHEREAS, due notice of the above hearing was given in a timely manner provided by law, and the hearing was held by the City Council on the date and at the time above mentioned, Page 1 115 and ail objections to the proposed improvement were duly considered by the City Council, and ail persons appearing at such hearing and wishing to be heard were heard; and WHEREAS, the City Council has determined it to be in the best interests of the City that the improvement as hereinafter described be carried out and that a Locai Improvement District be created in connection therewith; NOW, THEREFORE, THE CITY OF BREMERTON DOES HEREBY ORDAIN.' Section 1. That the area described as: Beginning at the northwest comer of Lot 9, block 4, Fourth Addition to Sheridan Park; Thence south aiong the west line of said Block 4, and continuing south along the west line of Dewey Addition to the southwest comer of Lot 10 of said Plat; thence northeasterly along the south line of said Lot 10 to the West margin of Jenner Ave; thence northerly aiong said west margin to the northeast comer of Lot 9, Block 4, Fourth Addition to Sheridan Park; thence northwesterly aiong the north line of said Lot 9 to the Point of Beginning. be improved by the construction of necessary curb and gutter and sidewalk, together with the doing of any and all other work in connection therewith as may be necessary to make such improvement a complete job. Ail of the foregoing shall be in accordance with the plans and specifications therefor prepared by the City Engineer, and may be modified by the City Council as long as such modification does not affect the purpose of the improvement. Section 2. That the maps, plans and specifications prepared by the City Engineer, now on file in the office of said City Engineer, for the aforesaid improvement be and the same are hereby adopted. Page 2 Section 3. That there is hereby established and created a local improvement district, Local Improvement District No. 329. Payment of the costs and expense of the improvement herein ordered to be assessed shall be paid from available city funds. The collections of special assessments, interest and penalties thereon shall be deposited in the City fund incurring the expense of constructing the improvements. Section 4. The total estimated cost and expense of the improvement is declared to be $10,400 of which $2,000 of that cost shall be paid from the City's stormwater utility funds, and the remainder thereof shall be borne by and assessed against the property specially benefitted by such improvement included in the District which embraces as nearly as practicable all property specially benefitted by such improvement. Section 5. In accordance with the provisions of RCW 35.44.047, the City finds that a per linear foot of improvement method of computing assessments may be deemed to fairly reflect the special benefits to the properties being assessed. Section 6. The preliminary assessment roll on file in the City Engineer's office is hereby confirmed and adopted. Section 7. Within fifteen (15) days of the passage of this ordinance there shall be filed with the City Treasurer the title of the improvement and District number, a copy of the diagram or print showing the boundaries of the District and the preliminary assessment roll or abstract of such roll showing thereon the lots, tracts and parcels of land that will be specifically benefitted thereby and the estimated cost and expense of such improvement to be borne by each lot, tract or parcel of land. The City Treasurer immediately shall post the proposed assessment roll upon his index of local improvement assessments against the properties affected by the local improvement. Page 3 Section 8. Engineering and surveying costs as provided under the supervision of the City Engineer, and other necessary costs such as legal, financing, accounting, clerical and advertising described in RCW 35.44.015(2)-(5) and (7) and City Policy #1-17, shall be included in the costs to be assessed against the properties in the local improvement district. Section 9. This ordinance shall become effective ten (10) days from passage and publication. APPROVED by the City Council of the City of Bremerton thi~day of~mt.~, 1996. PASSED by the City Council of the City of Bremerton this ~ay of ~g..~_, 1996. ~OFI~q~AW, Council President Approved this ~c.~ dayof -'~'~ ,1996. LYNN S. HORTON, Mayor ATTEST: L. M ccLus,IItEY, City Clerk KATHLEEN 96395 · TAT~ OF WASHINGTON "1 COUNTY OF KITSAP f The Above and foregoing is Hereby Certified to be a true and correct copy of; CltyClerk:/'¢'~4,'~[~'~----~'' EFFECTIVE DATE PUBLICATION DATE ORDINANCE NUMBER //7 Page 4 AGENDA BILL BREMERTON CITY COUNCIL SUBJECT: ORDINANCE To adopt the Charleston Community Plan and related amendments to the Zoning Code and Zoning Map. · FOR AGENDA OF: June 25, 1997 ORIGINATING DEPT: DCD/Planninq ORIGINATOR: Ron W. Hough DATE SUBMITTED: June 19, 1997 CLEARANCES: (,~~k i_f necessary) City Attorney.--~-'<~- Dir. Comm. Dev.~ ::¢,C~ ' 3. EXHIBITS: ,/ Ordinance to adopt Plan and Zoning Exhibit A--- Revised Plan Exhibits B through I --- Zoning Code changes lSCal & uuoge[ ~omm:~.,,-~-.x. cw-,-/~/,..~.,~,,- · , Operations Co~ ~__.~-.~._g.,~' ENDORSEMENT/A INFORMATION__ APPROVED BY COUNCIL PR.E.SIDENT FOR SUBMITTAL: c 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The Charleston Community Plan is one of the first plans to combine the provis0ns of GMA and SEPA and will be a model for other jurisdictions. The Plan addresses the problems and concerns of the City's oldest business district. Public involvement was encouraged at a series of neighborhood meetings held within the district, as well as study sessions and public hearings before the Planning Commission. Following its public hearing on June 11, 1997, the City Council tentatively approved the Plan, pending review of any comments that may be received from State agencies following their 60-day review. An ordinance has been prepared to adopt the Charleston Plan and to amend the Zoning Code per Plan recommendations, including the addition of a new "CD (Charleston District)" zone. That ordinance is ready for Council approval on first reading. RECOMMENDATION: City Council approval of the attached Ordinance on first reading. City Council passage of the Ordinance on second reading. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPI RATION DATE: REVIEW DATE: Donald L. Pratt 10. NOTICE OF ACTION: PULLED TABLED APPROVED COUNCIL DIRECTIVE: DISAPPROVED DATE: 11. AGENDA BILL NO: AMEND 97-127 2. CLEARANCE COMMENTS: IMPACT ON NON-PASSAGE: Non-passage would have the following effects: 1. The problems and proposed solutions that are addressed in the Plan will not be addressed and corrected at this time. 2. The proposed new "Charleston District (CD)" zone will not be considered. 3. There will be no planning basis for the proposed design guidelines that are now being developed with a State grant. 4. The area will remain as presently planned and zoned. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES' The overall effect of the proposed changes should be minimal on City staff and budgets. The proposed changes to the Capital Facilities Program are very important to the budget process and to the implementation of proposed capital projects. 7. RESEARCH SOURCES: Summary of ORDINANCE NO. AN ORDINANCE adopting the Charleston Community Plan as an Amendment to the Bremerton Comprehensive Plan and Adopting Related Amendments to the Text and Maps of the Bremerton Zoning Code, BMC 21.02. Section 1. The Charleston Community Plan is adopted to provide a long-range comprehensive vision and specific plan policies and action recommendations to guide future public and private improvements and land uses within the area generally bounded by Thirteenth Street on the north, Rainier and Bryan Avenues on the east, Forest Ridge Park on the west, and the southern City limits and PSNS on the south. The Plan addresses identified problems and opportunities within the areas of land use, transportation, housing, recreation, capital facilities and utilities, and urban design. This is an Integrated GMA/SEPA Plan that includes an Environmental Impact Study and establishes the basis for allowing certain types of land uses as "Planned Actions" without further environmental review. Section 2. Based on recommendations in the Charleston Plan, the text and maps of the City's Zoning Code are amended as follows: (a) The Charleston Business District map is amended. (b) Figure 080 (Zones) is amended to add the description of the "CD" zone to the commercial category. (c) Figure 090 (Primary Zone Consistency) is amended to include the "CD" Comprehensive Plan designation and its related zones. (d) Figure 120 (Zone Summary) is amended to add the description, intent, and minimum standards for the "CD" zone. (e) Figure 130 (Lot Requirements) is amended to add the development requirements for the'new "CD" zone. (f) Figure 140 (Land Use Tables) is amended to establish the uses allowed in the new "CD" zone. (g) The Official Zoning Map is amended to apply the "IP (Industrial Park)" and "CD (Charleston District)" zones within the Charleston Business District; to change the zoning from "MX" to "MF" along portions of Wycoff Avenue between-Coontz and Sixth Streets; and to remove zoning from lands that will be acquired for Highway 304 right-of-way. (h) Figure 600 (Special Parking Districts) is amended to indicate that non- residential land uses within the Charleston Business District are exempt from off-street parking requirements. (i) BMC 21.02.670(a)(iv)(c) is amended to include the off-street parking exemption for the Charleston Business District. APPROVED by the City Council on June 25, 1997 and PASSED on July 2, 1997. The full text of this ordinance will be mailed to interested persons upon request. ORDINANCE NO. AN ORDINANCE adopting the Charleston Community Plan as an amendment to the Bremerton Comprehensive Plan and adopting Related Amendments to the Text and Maps of the Bremerton Zoning Code, BMC 21.02. · WHEREAS, the City of Bremerton adopted a revised Comprehensive Plan by Ordinance No. 4545 in February 1996 to comply with the Growth Management Act and with an Order of the Central Puget Sound Growth Management Hearings Board; and WHEREAS, the Comprehensive Plan discussed the need for a "Specific Area Plan" for the Charleston Business District to address the needs and concerns of those who live, work, shop, or own property in the area; and WHEREAS, Bremerton combined its resources with a Community Development Block Grant (CDBG) and a State Planning and Environmental Review Fund (PERF) grant to develop an Integrated GMA/SEPA plan for the Charleston District that includes the Plan, an EIS, and specific policies and recommendations aimed at desired neighborhood improvements, including public and private actions, a process for the streamlined approval of"planned actions", improvement concepts for future action, and zoning amendments that include a new "Charleston District (CD)" zone; and WHEREAS, the Charleston Plan was developed to comply with the provisions of the Growth Management Act and to be consistent with the Bremerton Comprehensive Plan and related development regulations; and WHEREAS, the preparation of the Charleston Community Plan and related Environmental Impact Statement (EIS) involved the citizens, property owners, merchants and others in an early and continuous series of neighborhood meetings, study sessions and a public hearing before the Planning Commission on May 20, 1997, after which the Commission recommended Council adoption of the Plan and zoning recommendations; and WHEREAS, the Plan was submitted for the mandatory 60-day State agency review in April 1997; and Charleston Plan Ordinance: Page 1 WHEREAS, the Bremerton City Council conducted a public hearing on June 11, 1997 to accept public comments and to consider the recommendations of State agencies, the public, and the Planning Commission; now therefore THE CITY OF BREMERTON DOES HEREBY ORDAIN Section 1. The Charleston Community Plan, attached hereto as Exhibit "A", is hereby adopted as an amendment to the Bremerton Comprehensive Plan. Section 2. The Bremerton Zoning Code (BMC 21.02) is amended as follows: (a) The map in Appendix Figure 070(a), delineating the Charleston Business District, is amended per attached Exhibit "B". (b) Appendix Figure 080, Zones, is amended to add the "CD (Charleston District)" zone under the Commercial category per attached Exhibit "C". (c) Appendix Figure 090, Primary Zone Consistency, is amended to include the "CD" Comprehensive Plan designation and its related zones, as shown in Exhibit "D". (d) Amend page 11 of Appendix Figure 120, Zone Summary to add the description, intent, and minimum standards for the "CD" zone, as shown in Exhibit "E". (e) Amend Appendix Figure 130, Lot Requirements, to add the development requirements for the "CD" zone, as shown in Exhibit "F". (f) Amend Appendix Figure 140, Land Use Tables, to establish the uses allowed in the "CD" zone, as shown in'Exhibit "G": (g) Amend the Official Zoning Map to apply the "IP (Industrial Park)" and "CD (Charleston District)" zones within the "Charleston Business District" Comprehensive Plan designation; change the zoning from "MX" to "MF" along WycoffAvenue generally between Coontz and Sixth Streets; and remove zoning from lands to be within the Highway 304 right-of-way as shown in Exhibit "H". Charleston Plan Ordinance: Page 2 (h) Amend Appendix Figure 600, Special Parking Districts, to indicate that all non- residential land uses within the Charleston Business District are exempt from the off-street parking and loading space requirements of the Zoning Code, as shown in Exhibit 'T'. (i) Amend BMC 21.02.670(a)(iv)(c) to include an off-street parking exemption for the Charleston Business District as follows: ( )" ..... ~ ~..~: .... ~,:~,_:~ ,,^_,.:_~ Parking EXomptio~ (1) ~e CBD P~king ~ea, as sho~ in Figure 600, is exempt from the off-street p~king ~d loading space requirements of the Zoning Ordin~ce. id6htiala~S~§':i (3) ::~I.Iowcvcr, Parking facilities that are provided voluntarily in ~i~.~¢~Di'6r:;:Ch~st~!~!::~c[ shall conform to the minimum design standards of this Chapter for Class "B" lots. APPROVED by the City Council on the first reading this day of June, 1997. of PASSED by the Bremerton City Council this ,1997. day DAVID FAR_R, President Bremerton City Council APPROVED this day of .., 1997. ATTEST: LYNN S. HORTON, Mayor KATHLEEN McCLUSKEY, City Clerk Charleston Plan Ordinance: Page 3 Exhibit "C" Figure 080 ZONES The following table lists the zones that are iancluded in this Zoning Code, by major category of Residential, Commercial, Industrial and Special Purpose: RESIDENTIAL: SF-1 Res. Low-density (1-3 Did/Acre-- Single-unit) SF-2 Res. Low-density (1-8 DU/Acre-- Single-unit) SF-3 Res. Low-density (3-8 DU/Acre-- Single-unit) DR Res. Low-density (3-8 DU/Acre-- 1- & 2-unit) MF Res. Medium-density (8-18 DU/Acre -- Multi-unit) CBR Res. Medium-density (8-18 DU/Acre-- Multi-unit/mixed) MR Res. High-density (8-44 DU/Acre-- Multi-unit/mixed) COMMERCIAL: PO Professional Office NB Neighborhood Business GB General Business SC Shopping Center BC Business Core CD Charleston District INDUSTRIAL: BP Business Park IP Industrial Park IG Industrial General SPECIAL MX Mixed Use PURPOSE: SMU Shoreline Mixed Use HC Health Care PS Parks & Schools FM Forest Management WS Water Supply URD Urban Renewal District DRO Design Review Overlay LPO Limited Parking Overlay Figure 090 PRIMARY ZONE CONSISTENCY Exhibit "D" For purposes of initial zoning and consideration oi' rezone requests, these primary zones are considered to be consistent with their related Comprehensive Plan designations. COMPREHENSIVE PLAN PRIMARY ZONES LDR: Low-density Residential 3 to 8 DU/Acre MDR: Medium-density Residential 8 to 18 DU/Acre HDR: High-density Residential More than 18 DU/Acre C-G: General & Highway Commercial C-P: CBD: CD: General & Professional Offices Central Business District Charleston District SF-I: SF-2: SF-3: DR: LPO: PS: Res. Low-density (single-unit) Res. Low-density (single-unit) Res. Low-density (single-unit) Res. Low-density (1- & 2-unit) Limited Parking Overlay Parks & Schools MF: CBR: SMU: LPO: PS: Res. Med.-density (multi-unit) Res. Med.-density (multi-unit/mixed) Shoreline Mixed Use Limited Parking Overlay Parks & Schools MR: SMU: LPO: PS: Res. High-density (multi-unit/mixed) Shoreline Mixed Use Limited Parking Overlay Parks & Schools GB: SC: HC: SMU: General Business Shopping Center Health Care Shoreline Mixed Use PO: HC: SMU: Professional Office Health Care Shoreline Mixed Use BC: GB: PO: MF: MR: URD: DRO: Business Core General Business Professional Office Res. Med.-density (multi-unit/mixed) Res. High-density (multi-unit/mixed) Urban Renewal District Design Review Overlay CD: IP: BP: PO: Charleston District Industrial Park Business Park Professional Office Title 21 Appendix: Page 7 Exhibit "E" ZONES Description/Intent Min. Standards (See Table Z-4) NB The NB zone provides areas l'or limited retail activity Min. Lot Size: None and personal services in or adjacent to residential areas Max. Coverage: 50% Neighborhood for the convenience ofneighb0rhood residents. Min. Lot Width: None Business Businesses are encouraged to locate in a tight cluster Max. Bldg. Ht: 30 ft. and reflect the scale and'character ofth~ surrounding Max. Bldg. Size: 5,000 s.f. neighborhood. Businesses that have a community- wide or regional market or service area, or that have SETBACKS: large land, floor area, or parking requirements are Front: Same as abutting zone. probably not well suited to this zone. Side: None from non-res, zones. 10 ft. (from R zones only) Rear: 20 ft. Gm This is Bremerton's primary auto-related, highway- Min. Lot Size: None oriented, high-intensity retail and service commercial Max. Coverage: 100% General zone. It is designed primarily for locations along Min. Lot Width: None Business arterial streets and allows a wide variety of business Max. Bldg. Ht: 60 ft. and office uses. The City may limit driveway access and require landscaped setbacks and other SETBACKS: improvements that enhance the aesthetic and visual Front: 20 ft. qualities, increase safety, encourage pedestrian and Side: None from non-res, zones. transit usage, and help ensure compatibility with less 10 ft. (from R zones only) intense adjacent land uses. Rear: None from non-res, zones. 10 ft. (from R zones only) CD The intent of this zone is to strengthen the business Min. Lot Size: None district of the Charleston neighborhood by providing a Max. Coverage: 100% Charleston compatible combination.of allowed uses, along with Min. Lot Width: None District development standards that reflect the historical Max. Bldg. Ht: 60 ft. character and design limitations o£the district. The "CD" zone encourages compact and mixed use SETBACKS: development, pedestrian activities, and retail and Front: No min. setbacks. service businesses. It includes most of the uses 10 ft. max. to Callow Ave. allowed in the "GB" and "PO" zones, but without between Burwell & 1 lth some of the larger disruptive auto-related businesses Side: 10 ft. from resid, zones. that often locate along highways. None from non-resid, zones Rear: 10 ft. from resid, zones None from non-res, zones. SC This zone is intended to accommodate clusters of retail Min. Lot Size: None* activity, personal services, entertainment, and office Max. Coverage: None* Shopping Center uses in accessible, well-designed, and pedestrian- Min. Lot Width: None* oriented shopping centers. These centers should Max. Bldg. Ht: None* provide more desirable alternatives to strip-commercial development. These centers will be larger than * Shopping Center development neighborhood business centers in scale and use, and requires a master plan consistent will usually be anchored by a junior department store, with City PUD standards and variety store, major supermarket, or may consist of a approved through the PUD combination of smaller stores and offices, process. Title 21 Appendix: Page 11 Exhibit "F" Figure 130 LOT REQUIREMENTS ALLOWED 2 3 MIN. MIN. ZONES RESID. I FRONT SIDE REAR LOT LOT MAX. MAX. DENSITY Setback Setback Setback SIZE WIDTH HEIGHT COVEIO, GE SF-I 1-3 DU/Ac. 20 ft. 10 ft. 15 ff. 13,000 s.f. 60 ft. 30 ft.. 25 % SF2 1-8 DU/Ac. 20 ft. 10 ft. 15 ft. 9,000 s.f. 50 ft. 30 ft. 30 % SF-3 3-8 DU/Ac. 15 ft. 2 5 ft. 15 ff. 5,000 s.f. 40 ft. 30 ft. 40 % DR 3-8 DU/Ac. 15 ff. 2 5 ft. 15 ft. 4,000 s.f. 40 ft. 30 ft. 40 % MF 8-18 DU/Ac. 10 ft. 2 5ft. 20ft. 3,000 s.f. 30ft. 40ft. 50% CBR 8-18 DU/Ac. 10 ft. 2 5 ft. 15 ft. 3,000 s.f. 30 ft. 30 ft. 50 % MR 8-44 DU/Ac. 10 ft. 2 5ft. 3 10ft. 5,000 s.f. 40ft. 120 ft. 60% PO ....... 10 ft. - ...... $ 20 ft. ' ....... ....... 30 ft. 45 % NB 7 ....... 10 ft. - ...... 5 20 ft. - ............. 30 ft. 50 % GB ....... 20 ft. - ...... 5 ....... $ .............. 60 ft. 100 % SC 6 .............. 4 ....... 4 ....... 4 ....... 6 ....... 6 ....... 6 ....... 6 BC ..................... 5 ....... 5 .............. 120 ft. 100 % CD .............. 8 ....... 5 ....... 5 .............. 60 ft. 100 % BP ....... 20 ft. - ...... 5 ....... 5 .............. 30 ft. 50 % IP ....... 20 ft. - ...... 5 ....... 5 .............. 40 ft. 50 % IG ....... 20 ft. - ...... 5 ....... 5 .............. 40 ft. 100 % MX 8-44 DU/Ac. 10 ft. - ...... 5 ....... $ 3,000 s.f. 30 ft. 30 ft. 50 % SMU ....... 10 ft. 5 ft. 10 ft. - ............. 40 ft. 50 % HC ....... 10 ft. - ...... 5 ....... 5 .............. 60 ft. 60 % PS ....... 30 ft. 30 ft. 30 f. - ............. 40 ft. 25 % Base density ranges do not include additional incentive "bonus" densities that may be offered. All garages and carports shall maintain a Front setback of 20 feet. Zero Lot Line development shall add the normally-required side yard to the opposite side ol' the lot. ZLL development along a rear property line may be approved only through the PUD process. Development is subject to the same setback that is required on the residential side of the lot line for any development abutting a residential zone. Structures higher than two stories or 30 ft. (whichever is higher) shall double the setback when abutting any other residential zone. A 10 ft. setback is required from any residential zone. Development within this zone shall be consistent with a master plan approved through the PUD process. An individual building may not exceed 5,000 sq.ft, in this zone. Maximum setback of 10 ft. from Callow frontage between Burwell and Eleventh Streets. Title 21 Appendix: Page 19 'CATEGORIES: MEANING OF SYMBOLS: 1. Residential 2. Other Lodging 3. Entertainment / Culture A The use is allowed outright as a principal use. Figure 140 4. Medical & Social Services 5. Recreation & Health S The use is subject to approval of a Special Use Permit. LAND 7. Government & Utility Services P The use is allowed only within an approved Planned Unit Development 8. Eating & Drinking USE · Uses with an asterisk may not be located on properties that front on 9. Other Retail Business 10. Personal Services TABLES ~a"°w Avenue between Burwell Street and Eleventh Street. 12. Auto / Transportation 13. Construction Related No Symbol The listed use is NOT PERMITTED in this zone. 14. Industrial / Manufacturing l~ses allowed -- h~ zone s~ s~ s~ I 2 3 DR MF CBR MR PO NB GB SC BC CD BP IP IG MX SMU HC Single-unit Dwelling --- Detached A : A A A A A P : Single-unit Dwelling - Attached (ZLL) A A A A A A P Accessory Dwelling Unit (ADU) A A A A A A A* Duplex (Two dwellings in one bldg.) A A A A Triplex (Three dwellings in one bldg.) S A A A Multi-unit Structure (4 or more units) S A A S* A Townhouse (attached units on own lots) S A S A A* A Manufactured Home on Individual Lot A A A A A Manufactured Home Park P P P P p Residential --- as a secondary use. A A A A S S S A S A A S Title 21 Appendix: Page 20 Exhibit "13" Uses allo ved--byzone sv sT sE 1 2 3 DR MF CBR MR PO NB GB SC BC CD BP IP IG MX SMU HC Boarding/Rooming House S S S S A A A Foster Home A A A A A A A A A A A A A* A A A A A A Convalescent / Rest Home S S S S A A Day Care Facility (13 or more - all ages) S S S S S S S S S S S S S* S S S S A A( Day Care Facility (12 or fewer - all ages) A A A A A A A A A A A A A* A A A A A A Group Residential Facility --- Class I S S S S S S S S S S S A S Group Residential Facility --- Class II S S S S S S S Bed & Breakfast S S S S S A A A A A A Hotel or Motel A A A* A A Resid. Hotel or Inn (weekly/monthly) S ' A S A A* A A 3i:: ENTERT~I~N~ : i:.i :. ~' Theater (Perf. arts or motion picture) S A A A A ( Theater--- drive-in S S S Adult Business (see definition) S S Video/Pinball Arcade S A S S Bowling Lanes A S A Pool / Billiard Facility A A A A A Title 21 Appendix: Page 21 Uses allosved -- by zone sF SE SE 1 2 3 DR MF CBR MR PO NB GB SC BC CD BP IP IG MX SMU HC Youth or Teen Center (social/recre'l) S S S S S S S S S S S S S S Senior Center (social/recreational) S S S S S A A A A A A S S Community or Neighborhood Center S S S S S S A S S A A S S Dance Hall or Multi-purpose Hall A A A S S S Clubhouse, Frat. Lodge, or similar S S S S S A A A A* S S S { 4:. MEI)iC~ & S:OCIAL i : : Hospital A A A Medical -- Out-patient Clinic S A S A A A A A A A Medical Services (diagnostic, ENT, etc.) S A S A A A A A A A Medical Laboratory S A A A A S A A A A Veterinarian 8: Animal Hospital : A A A A A A Animal Boarding Kennel S Social Service Facilities S S A S A A A S S S A A Welfare & Charitible Svcs./Fac's. S S A S A A A S S S A A~ Detoxification Cntr. & similar facilities S S A A S A :5, RECREATION& : :::: .. HEALTH : :: : : , Golf Course S S S S Gymnasium or similar facility S S S A S A A A A* S S A S Title 21 Appendix: Page 22 Uses allosved -- by zone sE sE sE 1 2 3 DR MF CBR MR PO NB GB SC BC CD BP IP IG MX SMU HC Indoor Athletic/Recreation Facility S S S A S A A A A S S A S S A Tennis or Swim Club (or similar fac.) S S S S S S S A A S A* S A A A S Weight Control and Aerobics S S A S A A A A S S A S A A Tanning Salon, Spa, and similar uses S S A A A A A S S A A Park, Playground, Rec. Area & Fac's. S $ S S S S S A A A A A A A A A A A Stadium/Athletic Field/Sports Complex S S S S S S S S A( Rifle and Pistol Range S S Public Schools (see "PS" zone) S S S Private Educ. Facilities (see "PS" zone) S S S S S S S A S S S S S S S S Religious Worship & Related Facilities S S S S S S S S S A A A A S S S S Library S S S S S A A A A A A A A Cemetery S S S Museum -- in designated historic bldg. S S S S S A A A A A A A A A A A A Museum -- other S S S S A A A A S Art Gallery (2,000 sq.ft, or smaller) A A A A A A A A A A A A A Art Gallery (larger than 2,000 sq.ft.) S S S A A A A A 7. GOVERNMENT & : UTILITY SERVICES :: ~ Title 21 Appendix: Page 23 Uses alio ved--byzone SF 1 2 3 DR MF CBR MR PO NB GB SC BC CD BP IP IG MX SMU HC Law Enforcement & Fire Facilities S S S S S S S A A A A A A A S A Equipment & Materials Storage Yard S S A Water, Sewer, Stormdrain Facilities A A A A A A A A A A A A A A A A A A A Sewage Treatment Facilities S Utility Substation S S S S S S S S S A A A S S A A S S S Communication Antenna/Relay Tower S S S S S S S S S S S S S S S S S S( Antenna Tower (non-commercial) S S S S S S S S S A A A S A A A A S Restaurant/Cafe (2,500 sq.ft, or larger) S A A A A S S A A Restaurant/Cafe (Under 2,500 sq:ft.) S S S A A A A A S A A A · A A Fast Food Restaur. (no drive-through) S A A A A S A Fast Food Restaur. (w/drive-through) A A A S S Food/beverage take-out (no inside S S A A A A A A A A A A A A seating) Donut Shop, Baked Goods -- retail A A A A A A A A A A A A Delicatessen S S A A A A A A A A A A A Drinking Place --- with entertainment A A A S Drinking Place - without entertainment S A A A A Title 21 Appendix: Page 24 Uses allowed -- by zone SF SF SF 1 2 3 DR MF CBR MR PO NB GB SC BC CD BP IP IG MX SMU HC Market - general (7,000 sfor larger) A A A A Market - convenience (Under 7,000 sf) A A A A A A A Any business w/accessory gasoline sales S A A S S* S S A S Specialty Food Sales S A A A A S A ( Liquor Store A A A A A Drug Store/Pharmacy S A A A A A A A Fum. & Appliance Sales & Leasing A A A A S S Music systems, Instruments & related A A A A Pre-recorded Movie/Music sales/rental A A A A A Book store (newspapers, mags & related) S S A A A A A A A Stationery, Paper Products, Ofc. sup. A A A A A A A A A Antiques and Second Hand Goods S S A A A A A Sporting Goods -- sales and services A A A A Clothing (incl. shoes, hats, uniforms..) A A A A A Department Store (variety retail) A A A A S Factory Outlet (accessory to on-site mfg.) A A A A A A A A Jewelry, Clocks, Watches and related A A A A Flowers, Gifts and Greeting Cards S S A A A A A A A A Pipes, Tobacco and related products A A A A A Title 21 Appendix: Page 25 Uses allowed -- by zone 1 2 3 DR MF CBR MR PO NB GB SC BC CD BP IP IG MX SMU HC Toys, Hobbies, Arts and Crafts A A A A A A Cameras, Photo Supplies and Services A A A A A A A A A Glasses & Optical Goods and Services A A A A A A A A A A i 0. !:.~ERS:ONA~ :SERviCES · Laundry & Dry Cleaning Services S S A A A A A A A Self-service Laundry (laundromat) S S A A A A A Non-auto Repair (rum., appliances, etc.) A A A A A A A A A Small Engine Repair A A S* S A A Personal Apparel Repair/Alterations A A A A A A A A A A A A Hair Care and Personal Grooming S S A A A A A A A. A A Tatooing, Body Piercing and related S A A A A A A Photographic & Art Studio S S A A A A A A A A A A Funeral Services S S S A A Personal/Family Counseling Services A A A A A A A A A A A Personal Services --- other than listed S S S A A A A A S S S S Home Occupations (subj. to guidelines) A A A A A A A A A A A A A A A A A A A ::iL: susI SS s RvIcE:s Banking & Other Financial Services A A A A A S A A Title 21 Appendix: Page 26 .~ .. .. .~.,llses aliowecl -- hv zone sE sE sE 1 2 3 DR MF CBR MR PO NB GB SC BC CD BP IP IG MX SMU HC Insurance and Investment Services A A A A A A A A A A A A A A Real Estate, Title, Escrow & sim. svcs. A A A A A A A A A A A A A A Accounting, Tax Prep. and sim. svcs. A A A A A A A A A A A A A A Copying, Mailing, FAX, and sim. svcs. A A A A A A A A A A A A A A Office/Business Assistance Services A A A A A A A A A A A A A Commtmicatior~s/Broadcasting Studio S A A A A A A A S Property. Mgmt_/Maint. Svcs. Offices A A A A A A A A A A A A Property Maint. Svcs. w/supply storage S S S S S A A A S Consultants (Arch., Plan, Design, etc.) A A A A A A A A A A A A A Computer assistance, training & repair A A A A A A A A A A A A A A General Offices (other than listed) A A A S A A A A A A A A S A Auto, Track, Trailer and RV Sales A S S* S A Automotive Services (repair, maint, etc.) A S (See '** footnote at end of table) Motorcycle & Bicycle Sales & Service A A A A S A Automobile, Motorcycle, Rental A S A S* A A Bicycle Rental A A A A A A A A A A A A Truck, Trailer, RV rental S S* A A Title 21 Appendix: Page 27 Uses allosved -- by zone SE 1 2 3 DR MF CBR MR PO NB GB SC BC CD BP IP IG MX SMU HC Marine Craft Sales and Service A S S S* S A A Tires, Batteries, & related sales & svcs A A S S* A A Other Auto & Marine Accessories A A A A A A Gas Station (incl. related services) A A A S* A A S Automotive/Maxine Painting & Detail S S* S A Car Wash (self-service or automated) A S S S* A A Non-accessory Parking (see LPO zone) S A A A A* A A A SUP A Commuter Parking (see LPO zone) S S S S S S Parking Structure A A A A A A A A A A A Auto Impound Lot S S* S S Motor Freight Transportation Facility S S* A A Marine Freight or Passenger Terminal A A S S A Bus Passenger Terminal S S S S A* S S A S Bus Maint. an&'or Storage facility S S A 1:3~i cONSTRUC~ION ' i i :. i : Construction Services Office A A A A A A A A A. A Construction Services with Yard S A General Hardware Sales and Services S A A A A A Lumber & othea' Bldg. Materials sales A A S* S A Title 21 Appendix: Page 28 Uses allowed -- by zone sF sg sF 1 2 3 DR MF CBR MR PO NB GB SC BC CD BP IP IG MX SMU HC Heating, Plumbing, A/C Equip. & Svcs A A A S* A A A Eleclxical Supplies and Services A A A A A A A Paint, Glass, Int. Decor (carpet, drapes) A A A A A A A Nursery & Garden Supplies A A A A* S A S Greenhouse (primarily retail sales) A A A* S A A Greenhouse (primarily wholesale) S A i4i ,INDU~~/MFG'' i i! :. Automotive Manufacturing/Assembly S A Rec. Vehicle and Trailer Manufacturing S A Marine Craft & Related Manufacturing S A Manufactured Homes - Mfg. / Assembly S A Manufactured Home Sales Lot S S A A Wood, Lumber and Paper Milling S Paper Products Manufacturing S A A Wood Products Mfg. (furn, cabinets...) S A* S A A Electrical & Electronics Products Mfg. A A* A A A Wholesaling - Products Permitted in Zone A A S A A Warehousing -- General S S A A Mini-warehousing (small-unit storage) A A S* A A A S Title 21 Appendix: Page 29 Uses allowed -- by zone sE sT sT I 2 3 DR MF CBR MR PO NB GB SC Be CD BP IP IG MX SMU HC Research, Dev. & Testing Svcs. S A A S* A A A Professional / Scientific Instru. Mfg. A A S* A A A Printing, Publishing & Related Svcs. A A A A S A A S Paints & Allied Prod. Mfg. or Processing S S A Electrical Machinery & Equip. Mfg. S S A A Apparel and other Textile Prod. Mfg. S S* A A A 5 Drugs, Chemicals & related Mfg. S S Soap, Cleaning Products Mfg. S S Food Products Mfg. S S A A Machinery & Metal Products Mfg. S A A Machine Shop - general purpose S S A Recycling Center S A Recycling Collection Station S S S* S S A Recycling Collection Sta. (Limited) * S S S A A A A A A* A A A A Junk Yard S S Petroleum bulk Storage & Terminals S A * Allc,w only when it meets all design standards. ** These uses are permitted by SUP on properties fronting on Callow Ave. between Burwell and Eleventh Streets. Title 21 Appendix: Page 30 .-. Ridge Park PS P S N S !?'?i.~ Eleventh Street Exhibit "H" PS Sixth Bunvell Street Porter SF-3 DR CBR taF tar CD GB IP PS Single-unit Residential 3-8 dwellings per acre Duplex Residential 3-8 dwellings per acre Central Bremerton Residential 8-18 dwellings per acre Multiple-unit Residential 8-18 dwellings per acre Mixed Residential 8-44 dwellings per, acre Charleston District General Business Industrial Park Parks & Schools CHARLESTON COMMUNI~ Figure 600 SPECIAL PARKING DISTRICTS A B WEST BREMERTON PARKING AREA: Reduced parking provisions for multi-unit residential developments. CENTRAL BUSINESS DISTRICT: Off-street parking not required within the CBD, with the exception of the Waterfront Urban Renewal District (See URD description in Figure 120). Exhibit "1" C CHARLESTON BUSINESS DISTRICT: Off-street parking not required for non-residential uses within this district. Reduced parking provisions £or the West Bremerton Parking Area apply to multi-unit residential development. Title 21 Appendix: Page 32 KITSAP TRANSIT May 27, 1997 ~. Roa Hough Communit~ Devel.opmenl D~trtmeut City of Bremerton 286 Fouffit St. Bremerton, WA [}8310 SU'IIJ£CE: Charleston Commuuity lqan Thank you for prodding Kit~p Trandt with the opportunity to comment on tl~ plan. Hopefully as thc tlis~ct ~edevelops, it will t~ke on. Ibe pedestrian vision that i_~ depicted in the pla~,. One i~e that is a concern to Transit is the pXOl~OSal for Kitsap Trnnsit to improve its facilities in the district and thc policy to encourage improved service along the Callow corridor (page P-13). As stated in the pin, the Charleston distric$, nl~eady fcc .eives frequent transit service to both downtown and thc west side transfer center. Any increases or changes to this service will be dependent on resoarces to start new service and on.demand for, and ridership on that service. Additional service along Callow would have to be supported by the community, including the merchants in the dis'uict, to ensure ils success. Language should be added to the plan that xeco~t, niTeS these issues. The demand and ridersh{p n.ecessto/to get increased service along Callow could be affected by two other issues addressed in the plan. The first issue is parking. The more l~ee parking ~at exists in the area, the more likely people will drive to the district and not ride the bus. Although one of the primary themes o£tbe pla~..is to build a pedestrian friendly district, excessive free puking will challenge the succe~ of the pedestrian enx4ronment. This is not to say that parldng is not a ca'itical piece of the p,;---lc when it comes to the district being a tluiving ¢ommRrci~ area; but any htves~ment in new parking should be weighed heavily agn_inr, t existing parking including, its .looation and how- it is being used. Once the new parking structure at Puget $oun.d Naval Shipyard (PSN5) is completed and operating, how will parking demand change in the surrounding neighborhoods? Is it in thc best interest to the f,~omlllP,,[t~ial community for puking in the Callow business district to be leased as long term p~rkin8 roi PSNS workers? Th.ese are questions thatshould be answered before new inve,.~auents ara.made in more parking. Msybe the ex~dng puking in the di~aict is sufficient to serve the needs o£the merchants and their customers flit ~s properly designed and managed. .. 234 South Wycofl Bremerton, Washington 98312-4199 (360) 479.6962 FAX (360) 377-70~6 The second issue is ~at o£roadway design. Turning radii at Ca/low intersections ,~ccd ~o bc su~cicnt to allow a bus to make tn_ming movements onto and off of Callow safely. Also ~uy "humps" (P-16; Action C) designed for tra~c calniug nccd to be designed so as not to adversely affect a buses ability to -service the street at a reasonable speed. I would also like to suggest a couple concepts that would improve pedestrian access in the district. Fk~ to allow bette~ access to businesses f~om existing paxking areas be3iud busiaesses, eucourage building owners to imp. rove the back building facades and provide entraaces to tire businesses thzough rear doorways. Second, pedestrian access points should be required in new cai-de-sacs which axe being built to help deter vehicle traffic. Again, thank you for the opport,~U'ty to comn~at on thc pla~. If'you have a~.~y questions'on ~y of these issues please do not heSitate to call me at 478-6912. Platmer '"-~ F~OH:DCTED GROWTH HGT TO: 560 4?85262 JUN 18, 1999 2:5?PM ~G24 STATE OF WASHINGTON DEPARTMENT OF C©Mh~UNITY, TRADE AND EC()NC)h41C L)EVEL()IL~,~iN I' 906 CoIumb;a St. SW · PO Box 48300 · Olympi,~, WashJng~ot) 98504.83(]f) * ('.?[~0~ 753-2200 June 19, 1997 The Honorable Lynn Horton, Mayor City of Bremerton 239 - 4th Street Bremerton, Washington 98310 Post-it* Fax Note 7671 ITM ,~.~/,, Dear Mayor Horton: Thank you for sending us your Draft Charleston Community Plan and Draft Environmental Impact Statement (DEIS). We think you have done sorne good work to implement your comprehensive plan in the form of an integrated subarea plan and Environmental Impact Statement (ELS). We would like to complement you on some outstanding items in the plan and indicate some of our concerns. We especially like the following: · Your efforts to involve Charleston area residents, merchants and property owners in the development of a plan to renovate a historic business district. Creation of a new "CD" zone tailored for the Charleston Business District and designed to encourage a mix of land uses to strengthen a pedestrian-oriented business core. Organization of area merchants to develop a coordinated urban design approach for the district. We have the following concerns and recommendations for improvement in the final plan and ElS: We note that you plan on designating certain projects in the Charleston District as "plann'ed actions" under State Environmental Policy Act (SEPA),:e.g., Iow- density and medium density housing. There is some discussion within the plan notifying the reviewer that this is the only chance to comment upon the planned action projects. However, the "Notice of Availability df Draft Integrated Plan and Environmental Impact Statement" makes no mention of the use of planned actions. We cannot stress enough the importance of letting the public know that this is their only opportunity to comment under SEPA on these projects. F~OM:DCTED GROWTH MGT 360 4985262 JUN 18, 1999 2:5?PM ~624 P.02 The Honorable Lynn Horton June 19, 1997 Page 2 We understand from conversations with planning staff that planned actions have been discussed at public meetings, It should also be highlighted in meeting notices and factual materials. We encourage you to be very clear about the proposed use of planned actions in the notice of hearing to the public as you go through the process of adopting your ordinance designating these projects as planned actions. I would be happy to assist your staff with this based upon my experience in developing the SEPA rule on planned actions. You have begun to identify the environmental impacts of your plan on the built environment. However, you have not identified any impacts on the natural environment, There may not be any impacts on the natural area due to the built out nature of the district. If this is the case, it should be discussed in the DEIS. The plan and ElS need to make clear what environmental impacts have been addressed in the subarea plan such that additional analysis, e.g., traffic studies, would not be required for a project application in the Charleston District under SEPA. It is not clear from reading the DEIS that the level of detail in the environmental analysis is sufficient to address all of the impacts of a project designated a planned action, a~, required by Revised Code of Washington (RCW) 43.21C.031 and the rule soon to be adopted. For example, what traffic studies have been done and improvements proposed such that the traffic impacts of the increased build out potential for residential units have been addressed? Can the ElS be used to establish that the traffic impacts of a medium-density housing project designated as a planned action have been mitigated or otherwise addressed in the plan? Congratulations to you, your staff, and involved citizens for the good work this draft subarea plan and ElS embodies. If you have any questions or concerns about our comments or any other growth management issues, please call me at (360) 664-2364. We look forward to receiving copies of your final subarea plan and ElS, and extend our continued support to the City of Bremerton in integrating growth m~nagement and environmental analysis under SEPA. Sincerely, -~-~)A~---'~ e at h or Ballash Growth Management Planner Growth Management Division CC; Donald L. Pratt, Director, Department of Community Development Kay Wilson, Senior Planner, Department of Planning and Community Development AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Public Hearing Resolution # -~D ~ , regarding recovery of fees for the removal of garbage and debris from the property located at 1316 Warren Avenue, Bremerton. FOR AGENDA OF: June 25~ 1997 ORIGINATING DEPT.: Building Dept. ORIGINATOR: Judy Johnson DATE SUBMITTED: 2. CLEARANCES: (Comment on back if necessary) City Clerk~ City Attorne~ ENDORSEMENT )<~INFORMATION 3. EXHIBITS: 1. Resolution # ,~tg~ 2. Clerk Report 3. Photos APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: On May 8, 1997, the City removed garbage and debris from the property located at 1316 Warren Avenue, after the owners, Lany and Lyvell Hail, failed to do so as ordered by the building official. The cost charged to the revolving abatement fund for this action totaled $1997.50. Council must now decide if the fees are just and reasonable. RECOMMENDATION: It is recommended that Council, by Resolution # ,~'d?~, , order that the fees incurred for the removal of garbage and debris from the property located at 1316 Warren Avenue be collected as reasonable abatement costs and become a personal judgment against the property owner, which if not collected within 30 days shall become a lien against the property. 9. RESPONSIBLE OFFICIAL: Judy Johnson ENFORCEMENT OFFICIAL: Judy Johnson EXPIRATION DATE: N/A REVIEW DATE: N/A PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED DISAPPROVED AMENDED DATE: 11. AGENDA 2. CLEARANCE COMMENTS: 0 IMPACT OF NON-PASSAGE: The City would forfeit the costs incurred for this action. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ E(~UIPMENT OR OTHER RESOURCES: The City's revolving abatement fund would suffer the deficit of not collecting these funds. e RESEARCH SOURCES: N/A soi v io # A RESOLUTION reviewing charges for the removal of garbage and debris from the property at 1316 Warren Avenue and determining means of collection. WHEREAS, the City of Bremerton incurred costs for the removal of garbage and debris from the property located at 1316 Warren Avenue, Bremerton and WHEREAS, the Bremerton Municipal Code, allows the City to recoup these costs by personal judgment against the property owner which if not collected within 30 days shall become a lien against the property; and WHEREAS, the City Council is charged with determining whether the fees are just, and has considered the report of charges filed by the Building Official and any protests or objection filed; now, therefore, BE IT RESOLVED, by the City Council of the City of Bremerton: 1. That the abatement charges included in the report of the Building Official in the amount of $1,997.50 for the property located at 1316 Warren Avenue, Bremerton, attached hereto, are just and reasonable. 2. That the City of Bremerton will exercise its right to recapture abatement fees by pursing a personal judgment against the property owner, which if not collected within 30 days shall become a lien against the property. PASSED, by the City Council of the City of Bremerton this day of 19 DAVID FARR Council President ITY OF BRE~~N · 239 4th Street * Bremerton, WA 98337 Memorandum DATE: TO: FROM: RE: CC: June 3, 1997 Paula Johnston, Deputy City. Clerk Janet Lunceford, BDS i1~' Public Hearings Judy Johnson, Dev. Pints. Mgr. The Public Works Department removed garbage and debris from the property located at 1316 Warren Avenue aiter the owners, Lani and LyvelI Hall, failed to do so as ordered by the Building Department. The cost for this action totaled $1,997.50. I have scheduled a public hearing for Wednesday, June 25, 1997 for Council to decide if the fees are just and reasonable. 15o · Celebrating 50 Years of Freedom · Wed May 28, 1997 10:20 am City of Bremerton - Streets Work Order History Date Customer Description work Order ~ :8D970032 Ti=le :BLAB - 1316 Warren - clean debris Status Customer :BLAB Date Targeted: Labor Hours Work Type :AO DaCe Entered :04/22/97 Materials Es~ Foreman :225 Date Assigned:04/22/97 Ecfuipment Est Lead Eml~loyee:243 Date Started :05/08/97 Priority : Date Finished:05/12/97 Location PAGE Regular OverUime Costs So So :N4014280 05/08/97 BLAB 05/12/97 BLAB BLAB BLAB - 1316 Warren - clean debris Colen Corey John Corey IV Ronald Hager '93 GMC 1-TON DUMP '92 GMC 1-TON P/U Mark A. Thompson '90 INT. 10 YArD DUMP TRUCK Riley Thompson '91 GMC S-!5 4X4 EXT. CAB P/U Hadley Ken=her '90 INT. 5 YARD DUMP TRUCK '94 JD410 BACKiKOE '95 KING 40 TON TRAILER DUMP FEES FOR 1997 BLAB - 1316 Warren - clean debris Ronald Hager '93 GMC 1-TON DUMP Hadley Kentner '90 INT. 5 YARD DUMP TRUCK '95 KiNG 40 TON TRAILER '94 JD410 BACKHOE Mark A. Thompson '90 INT. 5 YARD DUMP TRUCK Riley Thompson '91 GMC S-15 4X4 EXT. CA~ P/U DUMP FEES FOR 1997 Dump appliances at O!y.View San. Landfill Dispose of tires SUMMARY FOR W.O. ~ SD970032 Labor $1,140.00 Benefits $0.00 Equipment $543.00 Materials $314.50 Sales Tax $0.00 Total $1,997.50 4.0 hr 114.00 4.0 hr 114.00 2.5 hr 71.25 2.5 HR 20.00 4.0 HR 36.00 2.5 hr 71.25 1.0 HR 26.00 3.0 hr 85.50 1.0 HR 6.00 4.0 hr 114.00 2.0 HR 26.00 2.0 HR 64.00 1.0 HR 9.00 !0.0 YID 103.80 6.0 hr 171.00 6.0 HR 48.00 6.0 hr 171.00 6.0 HR 78.00 2.0 HR 18.00 4.0 HR 128,00 6.0 hr 171.00 6.0 HR 78.00 2,0 hr 57.00 1.0 HR 6.00 15.0 YD 155.70 2.0 in 30.00 10.0 ea 25,00 40.0 hrs .0 hrs $1,997.50 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Public Hearing Resolution #~, d 7 , regarding recovery of fees for the removal of garbage and debris from the property located at 2100 - 19th Street, Bremerton. FOR AGENDA OF: June 25~ 1997 ORIGINATING DEPT.: Building Dept. ORIGINATOR: Judy Johnson x:2~f DATE SUBMITTED: 2. CLEARANCES: (Comment on back if necessary) City Clerk: ~ City Attorn~ EXHIBITS: 1. Resolution # 2. Clerk Report 3. Photos ENDORSEMENT )<. INFORMATION APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: COUNCIL PRESIDENT . ~../Y 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: On May 1, 1997, the City removed garbage and debris from the property located at 2100 - 19th Street, after the owner, Jack Champion, failed to do so as ordered by the building official. The cost charged to the revolving abatement fund for this action totaled $671.40 Council must now decide if the fees are just and reasonable. RECOMMENDATION: It is recommended that Council, by Resolution # o¢~d~ 7, order that the fees incurred for the abatement of garbage and debris located at 2100 - 19th Street be collected as reasonable abatement costs and become a personal judgment against the owner, Jack Champion, which if not collected within 30 days shall become a lien against the property. 9. RESPONSIBLE OFFICIAL: Judy Johnson ENFORCEMENT OFFICIAL: Judy Johnson EXPIRATION DATE: N/A REVIEW DATE: N/A PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED ~ DISAPPROVED ~ AMENDED DATE: 11. 2. CLEARANCE COMMENTS: 0 IMPACT OF NON-PASSAGE: The City would forfeit the costs incurred for this action. IMPACT ON STAFFING, BUDGETS, FACILITIES~ EQUIPMENT OR OTHER RESOURCES: The City's revolving abatement fund would suffer the deficit of not collecting these funds. RESEARCH SOURCES: N/A A RESOLUTION reviewing charges for the removal of garbage and debris from the property at 2100 - 19th Street and determining means of collection. WHEREAS, the City of Bremerton incurred costs for the removal of garbage and debris from the property located at 2100 - 19th Street, Bremerton, and WHEREAS, the Bremerton Municipal Code allows the City to recoup these costs by personal judgment against the property owner which if not collected within 30 days shall become a lien against the property; and WHEREAS, the City Council is charged with determining whether the fees are just, and has considered the report of charges filed by the Building Official and any protests or objection filed; now, therefore, BE IT RESOLVED, by the City Council of the City of Bremerton: 1. That the abatement charges included in the report of the Building Official in the amount of $671.40 for the property located at 2100 - 19th Street, Bremerton, attached hereto, are just and reasonable. 2. That the City of Bremerton will exercise its right to recapture abatement fees by pursuing a personal judgment against the owner, which if not collected within 30 days shall become a lien against the property. 19 PASSED, by the City Council of the City of Bremerton this day of DAVID FARR Council President II CITY OF BR~VIERTON * 239 4th Street * Bremerton, WA 98337 Memorandum DATE: June 3, 1997 TO: FROM: RE: Paula Johnston, Deputy City Clerk Janet Lunceford, BDS I1.-,~ Public Headngs Judy Johnson, Dev. Pmts. Mgr. The Public Works Department removed garbage and debris fi'om the property located at 2100 - 19th St. after the owner, Jack Champion, failed to do so as ordered by the Building DeparUnent. The cost for this action totaled $671.40. I have scheduled a public hearing for Wednesday, June 25, 1997 for Council to decide if the fees are just and reasonable. Celebrating 50 Years of Freedom Thu May 22, 1997 3:03 pm City of Bremerton - Streets Work Order History Date Customer Description Regular Work Order ~ :SD970031 Status : clean vacant lot Customer :BLAB Work Type :AO Foreman :225 Lead Employee:243 Priority : Date Targeted: Date Entered :04/22/97 Date Assigned:04/22/97 Date Started :05/01/97 Date Finished:~5/01/97 Labor Hours Est: Materials Est : Equipment Est : 0 $0 $0 Location :N4014280 Overtime PAGE ~ I Costs BLAB BLAB BLAB-2100 19th St. clean vacant lot Jofn7 Corey IV Hadley Kentner Riley Thompson '90 INT. 5 YA~ DUMP TRUCK '90 INT. 10 YARD DUMP TRUCK JTD410 BACKf{OE '95 KING 40 TON TRAILER Dump appliances at Oly. View San. Landfill DUMP FEES FOR 1997 4.0 hr 4.0 kr 1.0 hr 4.0 HR 4.0 HR 3.0 HR 4.0 HR 5.0 in 5.0 YD 9.0 hrs SLr~Y FOR W.O, ~ $D970031 Labor $256.50 Benefits $0.00 Equipment $288.00 Materials $126.90 Sales Tax $0.00 Total $671.40 Use Tax $0.00 · 0 hrs 114.00 114.00 28.50 52.00 104.00 96.00 36.00 75.00 51.90 $671.40