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HomeMy WebLinkAbout06/26/96 AGENDABREMERTON CITY COUNCIL 239 4TH STREET BREMERTON, WA 98337 CITY COUNCIL AGENDA JUNE 26t 1996 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 the request of a Council member. A. Minutes - June 5, 1996 B. Minutes - June 12, 1996 C. Bid Award Recommendation For Ductile Iron Pipe For The Year 1996 on the Regular Agenda at #AB96-137 [ #AB96-138 /5 3. CLAIMS/CHECK REGISTERS 4. COUNCIL MEMBER REPORTS 5. MAYOR'S REPORT 6. PUBLIC RECOGNITION -- (Comments Limited to 3 Minutes) NEW BUSINESS A. Wastewater Treatment Plant Odor Control Project, Approval Of Contract Change Order #9 And Revision To Administrative Change Order Authority B. Approve Contract For State Planning And Environmental Review Fund (PERF) Grant To Develop Charleston Community Plan #AB96-141 39 (CONTINUED NEXT PAGE) Budget Adjustment - Department Of Community Development Position Changes Only (Building Development Permit Manager And Development Specialist II) #AB96-142 55 ORDINAi~CES A. ordinance #4560 (Second Reading Final Assessment #AB96-124 ~ ~ Roll U.L.I.D. #327, Kitsap Lake Sewer B. ordinance #4561 (Second Reading) Authorizing #AB96-135 q ~ A Borrowing Of $237,000 And Accepting The Purchase Offer Of Seafirst Bank 1. SUBJECT: AGENDA BILL BREMERTON CITY COUNCIL MINUTES - JUNE 5, 1996' FOR AGENDA OF: JUNE 26, 1996 ORIGINATING DEPT: City Council ORIGINATOR: John Law~ Preside~ DATE SUBMITTED: 2. C~_~: (comment on back if necessary) 3. EXHIBITS: ENDORSEMENT__ INFORF~ATION__ APPROVED BY coUNciL PR~S~NT FOR SUBMITTAL: co No L PRESIDENT MAYOR / 4. SUMI4~ARy STATEMENT AND REQUIREMENT FORCOUNCIL ~CTION: 8. RECOM~4ENDATION: 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE:. REVIEW DATE: PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED __ DISAPPROVED __ AMENDED DATE:~ 11. AGENDA-~!LL NO: TAPE #1384 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES JUNE 5, 1996 #0015 #0020 The regular meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4th Street, Bre~erton, Washington, Wednesday, June 5, 1996, at 5:30 P.M., with Council President John Law presiding. Council members present were Bob Winters, A1 Colvin, Cecil McConnell, Carlos Montgomery, David Farr, Richard Neville, and Lon Overson. Council member Sherril Huff-Menees was absent. Also present were City Attorney Ian Sievers and City Clerk Kathleen McCluskey. The meeting opened with the Pledge of Allegiance led by Council President Law and Invocation given by Pastor G.T. Johnson of Brownsville United Methodist Church. CONSENT AGENDA A. Minutes - May 15, 1996 #AB96-113 M/S/C/U(Neville/Farr) to approve Consent Agenda as presented. CLAIMS/CHECK REGISTERS Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090, have been recorded on a listing that had been made available to the Council. M/S/C/U(Colvin/Montgomery) on June 5, 1996, the Council does approve for payment those vouchers included and further described as follows: 198320 through 198491 in the amount of $304,720.71; and Regular Payroll for the period ending 5/31/96 in the amount of 863,205.93. COUNCIL MEMBER REPORTS Mr. Overson stated he has noticed the combined efforts of the Parks Department and the Street Department renewing some of the trees around the city, which he views as a positive move and complimented the staff involved with the tree replace project. Even though there is concern about some of the businesses downtown coming and going, he urged everyone to remember there are some positive and active businesses. One of the newer businesses is the Batter Box, located on 4th Street Mr. Neville urged everyone to pick up their Parks Department Summer Program Schedule, which contains activities for the young and those more senior. He extended a "Happy 90th Birthday" greeting to his grandmother. TAPE #1384 City Council Reg. June 5, 1996 Page 2 of 13 Mtg. Minutes Mr. M¢Connell stated there will be no District #2 Neighborhood meeting in June, July or August, and the next meeting is scheduled for September 11. He expressed concern over a parking lot sweeper noise issue that has plagued residents on Hollis Street and as far away as Hope Street (4-blocks from K-Mart) for the past year. A resident within that area placed 63 calls to CENCOM starting November 11, 1995, and continued on with 10-11 calls per month. Mr. McConnell talked with the affected residents, who felt their earlier attempts to resolve the problem with the City was just a "run-around" until they quit complaining. When Mr. McConnell discussed the issue with City staff, he was lead to believe, for quite some time, that something would be done about the situation. The City did take a decimal reading and even after subtracting car noise from a block away, the equipment, which is the quietest the sweeper company owned, still violated the decimal reading of the City's Noise Ordinance. As of this date, nothing has been done to curtail that noise. The latest information given to him by the City Administration was that he should write up something and present it to the City Attorney for him to convert into an ordinance. Mr. McConnell believes the City's current ordinance could be enforced in this instance to resolve the situation. Since he is not an attorney, he did not feel he could write an ordinance; however, he can request the city Attorney to write one. He recited some of the responses from Police officers responding to the CENCOM calls: "nothing can be done about the noise", "so you were awakened in the middle of the night", "The Sergeant and City Attorney commented the sweepers were not doing anything illegal". On February 8, Mr. McConnell personally received a call, which prompted him to go down and talked to the driver of the sweeper truck, which resulted in the noise stopping, but resumed an hour later. He had only one suggestion to the citizens and that was to take the same action that the residents around the sewer plant did when they were told over a period of several years that the place did not smell. It appears the City is taking the same attitude that the noise does not exist. He also offered the suggestion that they might call their elected officials at 1-2:00 A~ and let them know they are being bothered by excessive noise. Mr. colvin extended words of sympathy to the Paul Goheen family in the recent loss of Paul. Mr. Colvin believes he is a better person for having known Paul. In regard to the Sinclair Landing project, he was pleased to know that Mary McClure, Executive Director of the Sinclair Landing Association, had contacted all of the downtown property owners and that she has his appreciation and respect for her diligent effort in that regard. He congratulated Sandra Howes, new Executive Director of the Bremerton Area Chamber Of Commerce and John Curtis, President of the Chamber, for their positive outlook for the City of Bremerton. Lastly, he wished his wife, TAPE #1384 City Council Reg. Mtg. June 5, 1996 Page 3 of 13 Minutes Hazel, a "Happy Birthday". Mr. Winters reminded everyone in the Kitsap Lake area that the Kitsap Lake Neighborhood Association meeting will be held June 10, 6:30 P.M., at the Cascade Gas building. He announced he will be out-of-town the week of June 13 - 17, and suggested that anyone having concern with any upcoming Agenda items to write a letter to the City Council conveying that information. As a follow on to Mr. Overson's comments about the Batting Cage, he has tried it and encouraged others to give it a try. He extended a "Happy 14TH Birthday" to his niece Jill Winters. MAYOR'S REPORT Mayor Lynn Horton reported on Sunday she attended the renaming ceremony of the Bremerton Municipal Swimming Pool to Jarstad Aquatic Center. She thanked the Parks Department staff and especially Jeff Elevado, who worked hard putting the ceremony together. She also thanked Congressman Norm Dicks for taking time out of his schedule to attend that event and honoring former Mayor Glenn Jarstad. She reminded members of the public that beginning June 10th, 9:00 AM, llth Street will be closed, between Chester Avenue and Warren Avenue, for three weeks while renovation work is completed and reopening on July 1. Also, parking signs in the downtown area have been changed from 3-hours to 2-hours, and at the present time only WARNINGS are being issued if parked vehicles exceed the 2-hour limit. One courtesy warning will be issued per vehicle within a month time frame. The City will be going to a different Utility billing format, a stuffer type, that will be contracted out. A billing analysis revealed that contracting out that function was cheaper than just the unprinted format currently in place. It will also give the City the ability to produce a Community Newsletter that can be included in the billing mailing. Mayor Horton read the following Proclamation: (1) JUNE 8-15, 1996, AS PHILIPPINE INDEPENDENCE WEEK,AND JUNE 12, 1996 AS PHILIPPINE INDEPENDENCE DAY IN BREMERTON, which was accepted by a representative of the Filipino community. President Law announced the City Council will hold a RETREAT on June 8, 10:00 A.M. - 2:00 P.M., in the City Council Chambers; and the topic of discussion will be "Planning For Fiscal Year 1997". Also, a brief Study Session will be held following this Council meeting and the subject of discussion will be "Procedures". PUBLIC RECOGNITION Don Atkinson, KITZ Radio, life will be held June 12, announced a celebration of Paul Goheen's 4:00 P.M., at the Bayview Best Western. TAPE #1384 City Council Reg. June 5, 1996 Page 4 of 13 Mtg. Minutes Starting June 6, KITZ is starting a "teenage" radio broadcast, which will be on a periodic basis during the summer and on a regular basis in the fall. The program is called "Minor Issues" and participation will include students from all of the High Schools in Kitsap and Mason Counties. Topics for the first broadcast will include student curfews and public education. John Thomas announced Kids Day At The Firehouse will be held June 8, at the Kitsap County Fairgrounds from 10:00 AM to 3:00 PM. Gord¥ Byrd commended Councilman McConnell's comments about getting noises controlled in the City. Last week he asked Mayor Horton if the city government would be moving into the Penny's building as part of the Sinclair Landing project and her response to him was that it was a proposal and no final decision had been made. He noted the gift of pennies he received recently for his Byrd's Nest Shelter amounted to $10.02. 7A - DEPARTMENT OF PARKS & RECREATION BUDGET ADJUSTMENT FOR SENIOR #0877 CENTER COPIER, #AB96-114 The Parks & Recreation Department requests a budget adjustment to allow the purchase of a copier machine for the Bremerton Senior Center. The old machine is no longer operational. The cost of the new machine is $3,788.91. The Seniors Uncover Money Solutions (SUMS) group from the center have donated $2,000 towards the purchase of the machine. The balance ($1,788.91) will be paid by the City. Jim Spencer, Director of Parks & Recreation, referenced the data presented in the Summary Statement. He noted over the past 2 1/2 years the SUM's group has donated over $11,000 to the Parks Department to procure chairs, material to recover the pool tables, kitchen improvements in the form of stoves, cabinets, equipment, etc., which has proved to be very beneficial for the Senior Center. Public comment - none. M/S/C/U(Farr/Winters) to approve Budget Adjustment Request 96-16, to allow for the purchase of a new copier machine for the Senior Center with the City's portion ($1,788.91) coming out of Supplies & Services from BARS number 574.3051 (Senior Center). 7B - CONTRACT EXTENSION FOR JANITORIAL SERVICES FROM JULY 1, 1996 TO JUNE 30, 1998, ~AB96-115 In July 1994, the City of Bremerton contracted Golden Globe Janitorial Services, Inc. of Silverdate, Washington to perform janitorial services in City offices and facilities. The current TAPE #1384 city Council Reg. June 5, 1996 Page 5 of 13 Mtg. Minutes contract expires June 30, 1996. Golden Globe's performance during the past two years has been satisfactory. Since their performance has been satisfactory and due to security reasons, it is recommended that their contract be extended for two years until June 30, 1998. This approach will be advantageous to the City in that there will not be a need to solicit new bids and to check new bidders' references and qualifications. The contract extension includes the following changes: 1. Addition of other City facilities: DARE office and Conference Room/ 245 4th Street Police Underground Parking/ 239 4th Street Parking Regulators Office/ 220 Burwell PW&U (Administration)/ 3027 Olympus Drive (new areas) PW&U (Forestry)/ 4398 W. Old Belfair Highway Total Addition: $132.74/month 40.91/month 50.44/month 154.58/month 75.10Jmonth $453.77/month Increase in costs of cleaning supplies (from $885.39 to $1,186.97) $301.58/month 3. Deletion of 245 4th Street Building ($588.12) NET INCREASE IN CONTRACT PRICE $167.23/month The proposed monthly rate of $6,645.47 includes cleaning supplies. Wayne Hamilton, Utility Operations Manager, pointed out the small increase of $167.23 per month and urged Council's approval. Public comment - none. Mr. Winters asked how long Golden Globe has provided janitorial services to the City? Mr. Hamilton stated two years. Mr. Overson stated it was noteworthy that several office areas were being added and other deleted with the total increase amount of $167.23 per month. In the past, the City has had challenges with janitorial services and requested open bids several time. He asked if this janitorial firm was more effective for the city? Mr. TAPE #1384 City Council Reg. Mtg. June 5, 1996 Page 6 of 13 Minutes #1060 Hamilton stated Mr. Overson was correct, the City has had minimal problems with this service and they have been very responsible securing city buildings. Mr. Fart asked the City Attorney if the City was on a firm basis extending this contract for two years to the existing recipient verses going out to bid? Ian Sievers, city Attorney, emphasized it is a service contract and First Class cities are not required to go out to bid on service contracts nor does the City's ordinance require that process. The City Council has the option of going to bid, if they so choose. M/S/C/U(McConnell/Colvin) to authorize and direct the Mayor to extend the existing contract with Golden Globe Janitorial Services, Inc. to perform janitorial services from July 1, 1996 to June 30, 1998 in the amount of $6,645.47 per month, excluding Washington State sales tax, subject to City Administrative Policies & Procedures. 7C - EXTENSION OF PROVISIONAL CONFIRMATION OF BUILDING OFFICIAL #1167 APPOINTMENTt ~AB96-116 Scott Erickson was appointed provisional Building official according to BMC 2.49.040. His provisional appointment expires May 31, 1996. The hiring process for a Building Development Permit Manager, who is proposed to hold Building Official authority, is not yet completed. The estimated completion date is 8/31/96. In order to cover this gap, the administration proposes to extend Mr. Erickson's provisional appointment through that time. Public comment - non. Mr. Winters referenced comments on the Agenda Bill under "Impact of Non-Passage and questioned why would this request come to Council? Don Pratt, Director Of Community Development, stated the Bremerton Municipal Code states the Mayor is allowed to make a provisional appointment without Council confirmation, but it could only last 180 days. If Council chooses not to extend Mr. Erickson's current appointment, under the code, another person could be appointed for another 180 day term because it would be another provisional appointment. If the same person is reappointed, then Council must agree to the extension. M/S/C/U(Montgomery/Colvin) to extend Scott Erickson's provisional appointment as Building official until 8/31/96. 7D - BUDGET ADJUSTMENT, STREET FUND #102t #AB96-117 In 1995, two capital projects were not completed, the perimeter fence and the site drainage at the Public Works Complex on Oyster TAPE #1384 City Council June 5, 1996 Page 7 of 13 Reg. Mtg. Minutes #1230 #1360 Bay. The Perimeter Fence was budgeted for $25,000; we spent $13,545 in 1995. The Site Drainage was budgeted for $7,500; we spent $200 in 1995. To complete these capital improvements, we need $2,500 for the perimeter fence and $7,300 for the site drainage. Bob Tulp, Public Works recommending extension of complete the two projects. due to weather conditions. Operations Manager, stated he is these funds into 1996 in order to Both projects were previously delayed Public comment - none. M/S/C/U(Farr/Montgomery) to approve budget adjustment 96-15 to Street Fund #102 in the amount of $9,800 to complete the capital improvements at the Public Works Complex on Oyster Bay Avenue as follows: Perimeter Fence $2,500 Site Drainage 7,300 Total Adjustment $9,800 7E - RENEWAL OF INTERLOCAL DRUG TASK FORCE AGREEMENTt #AB96-118 The purpose of this Agreement is to provide for and regulate the joint efforts of the Counties of Jefferson, Kitsap, and Mason, and the cities of Bainbridge Island, Bremerton, Port Orchard, Port Townsend, Poulsbo, and Shelton, and the Washington State Patrol law enforcement agencies to combat violation of controlled substance laws within the contracting jurisdictions for their mutual advantage. chief Paul Du Fresne, Bremerton Police Department, noted this interlocal agreement has been in existence for a number of years and Council approval is required on a yearly basis. Public comment - none. Mr. MeConnell asked if the Interlocal Agreement carried any cost to the city? Chief Du Frense stated the cost to Bremerton is the agreement to provide one Officer full time to the Task Force with the City paying their salary and benefits. M/S/C/U(Montgomery/Overson) to approve the Interlocal Drug Task Force Agreement. 8A - ORDINANCE NO. 4553 (SECOND READING) AMENDMENT TO B.M.C. CHAPTER 1310 - MUNICIPAL TREE ORDINANCEt ~AB96-101 Ian Sievers, City Attorney, stated as promised at the previous Council meeting, a couple of small changes were made to the TAPE #1384 City Council Reg. June 5, 1996 Page 8 of 13 Mtg. Minutes ordinance. Also, this evening he distributed a memo to Mr. Parypa responding to Mr. Parypa's comments that he provided at the previous Council meeting. Mr. Sievers identified the changes as: (1) under Section 13.10.03 RESPONSIBILITY FOR MUNICIPAL TREES, subsection (a) second line...change "owner" to "owners", as suggested by Mr. Parypa, so that the liability is extended to all past owners. When a signed agreement is involved, the addition of a "recordlnq on the deed" is included in the ordinance, which allows sorting out an ambiguous liability. Under subsection (b) at the end of the sentence added "or removed" as a clarification. Elsewhere in the ordinance it states the owner may "either prune or remove" with the Department's approval. If approval is denied by the Department, then the tree becomes the City's responsiblity and they need to create a record to reflect that assumed responsibility. Under Section 13.10.040 DAMAGE TO TREES AND SHRUBS - a minor clean up of this section was made, but it did not change the original intent. Under Section 13.10.070 a little clean up in the title was made so that now the City is not simply concerned with a Master Tree Plan for streets, but included master planning for parks and streets and calling it a Master Urban Tree Plan and removed the restriction "Central Business District". The most important thing relating to Mr. Parypa's comments was that the Master Urban Tree Plan has to be approved by City Council Resolution. A lot of Mr. Parypa's concerns had to do with plantings in front of view properties and there may be other safety considerations that Council should consider, such as width of sidewalks where trees are planted, which can be brought to Council when they approve the Master Urban Tree Plan. Mr. Sievers addressed some of the other points raised by Mr. Parypa: this ordinance addresses a "love-hate" relationship with street trees, i.e., the City wants to foster volunteer planting of trees in the right-of-way, but they can create a substantial cost to the city in terms of liability and damage. The City's approach in making the property owners responsible for potential hazards they create is consistent with the recent court case cited by Mr. Parypa. That case states a law cannot be passed in the City passing liability along to the property owner when the City is responsible, but the corollary is that if the owner creates a hazard the City can make them responsible. Such action is identified under volunteer plantings and it was done in two ways: (1) the primary way is knowing who planted the tree and created the hazard. The difficult problem identified by Mr. Parypa had to do with trees that had been in place for a long time. There are records in the Parks Department, but it may come down to a proof problem, if it causes damage to a third party. At least the City would have an opportunity in court to show, based on the nature of the tree, how it is planted in the right-of-way, whether there has TAPE #1384 city Council Reg. Mtg. June 5, 1996 Page 9 of 13 Minutes been continued maintenance by the property owner and that this was a privately planted tree, and if the City has no record may prevail on their burden of proof. The City does have the burden of proof because the City has the primary responsibility for things that go on in the right-of-way. A section was added to the ordinance that allows the owner to terminate this responsiblity and if he is denied that right, the tree becomes the City's responsibility. (2) Mr. Parypa is correct that if a tree is actually encroaching on private property, the property owner can act by trimming the tree and there is no restriction in the ordinance addressing that point. The only restriction on pruning, trimming or damaging or destroying is when the activity is in the public area within the right-of-way or park. Finally, the responsiblity for notifying of a hazard is not a criminal responsibility nor is there a penalty and again may create a burden of proof problem for the City if they are trying to allocate some fault to the private property owner under this section. Mr. Parypa was concerned about an absentee land owner and how they would be affected. Mr. Sievers believes the City would have little success and would probably not even attempt to show that owner had actual notice of the hazard and should share in any liability. The importance of the Council Resolution and approving the Master Urban Tree Plan is that future plantings by the City will come before Council and then everyone will have an opportunity to have their say and state that damage to their property might out weigh the benefit of a specific planting. Mr. Sievers recommended an additional change to Section 13.10.080 PLANTING, PRUNING, REMOVAL AND MAINTENANCE, subsection (d)(1) Maintenance, deleting the words "in the Central Business District". Mr. Parypa commended Jim Spencer, Parks and Recreation Director, for getting rid of a tree problem on llth Street between Pacific and Pleasant Avenue. He asked for clarification of Section 13.10.030(c)...does this mean the planted trees someone else planted or is it talking about municipal trees that the City planted? He agreed with Mr. Sievers that the first prong of a Supreme Court ruling was the person who knows of the hazard should be the person that notifies the City. He suggested that notification be made via a Certified Letter. Mr. sievers stated in response to Mr. Parypa comment, we don't have this agreement and never had an occasion to have one developed. He believes the only times such an agreement will come into play is when a problem tree is identified and the liability is ambiguous. The recording of such an agreement would become a covenant that runs with the adjoining property and would bind future owners of that property. Mr. Parypa stated he feels the word "liability" should be more clearly defined. Mr. sievers stated he did not see the meaning of "liability" as ambiguous and he believes it is understand world TAPE #1384 city Council Reg. June 5, 1996 Page 10 of 13 Mtg. Minutes wide that it is responsiblity of third person's injuries. Mr. Overson stated his appreciation of Mr. Parypa reviewing this proposal and recommending changes. Mr. Neville questioned if he understood correctly that the City has a full time Urban Forester and that he is available to answer questions from the public? Jim Spencer, Parks and Recreation Director, stated Mr. Neville was correct. Mr. Neville asked if the city has a tree inventory for the City? Mr. Spencer stated not totally, a partial inventory is available primarily of park property and the Department is in the process of developing the broader program. Mr. Neville pointed out the ordinance states that a Master Urban Tree Plan will be developed and asked if Mr. Spencer had a time frame when Council would see that plan? Mr. Spencer stated he anticipates the plan will be developed during the Parks Department off season, which would mean a October-November-December time frame. Mr. McConnell asked if the liability will be spelled out in the recorded agreement? Mr. Sievers stated yes. Mr. McConnell asked if the City ends up pruning a tree that is the responsiblity of the abutting property owner, will the owner have to pay the cost of city employees time for doing the actual pruning/maintenance? Mr. sievers stated no, the owner would be responsiblity for maintaining the tree to avoid hazards, i.e., it must be a certain height over sidewalks and over the roadway. Mr. Spencer concurred with the city Attorney and if there was need for pruning, the City would encourage that owner to take care of the problem, but if there were safety issues that needed to be taken care of in relation to that tree and the owner was not willing to do the pruning, then the City would notify them that if it wasn't done by them the City would do the work and recoup the cost for the responsibility from the owner. Mr. M¢Connell asked if he understood correctly that if the sidewalk was only 4 ft. wide the City would not allow a tree to be planted? Mr. Spencer stated in such a situation metal grates could be used, which are flush with the sidewalk and allow peculation to the trees and roots. Of course, that would be done only assuming adequate funding is available. He emphasized there are lots of trees in the city that will be grandfathered in and the ordinance will mostly address newly planted trees. Mr. Farr also thanked Mr. Parypa for giving of his time to study this issue and offer suggestions and solutions to possible changes. He pointed out this was an example where one person made an impact on an issue and considerable changes were made because of one individual. He believes it speaks well for the process of passing legislation and in his opinion this is citizen involvement at its best and shows that it does work. TAPE #1384 city Council Reg. Mtg. Minutes June 5, 1996 Page 11 of 13 #2330 Mr. Neville asked if he understood correctly that all municipal trees will be reviewed on a four year cycle? Mr. Spencer stated it means that the Parks Department will be responsible for parks in the Central Business District and the responsibility for other right-of-way trees will be Public Works Operations. Mr. Colvin asked if a property owner would be responsible for a tree that was planted by the City? Mr. 8ievers stated no, the City has undertaken that as a public benefit of municipal program and are responsible for liability imposed in that program. Mr. Colvin thanked Mr. Parype for his work on this issue. President Law stated he had some concern that the property owner would be held liable for work if the City ended up having to do the work of removing a safety hazard from a particular tree. He hoped the Parks Department would take that power and use it judiciously because there are some homeowners that are physically unable to do the work or financially able to meet such an obligation. Mr. Spenoer stated he was speaking more of a rare exception than the rule. Since he has worked for the City, he is not aware that such a situation has occurred. Mr. Colvin asked the City Attorney if the recommended changes to the ordinance constituted substantial change in intent of the ordinance that was approved on first reading? Mr. sievers explained as long as the changes were within the scope of the ordinance and does not change the subject matter of the ordinance, Council can take that opportunity to make changes without having to revert back to first reading. M/S/C/U(Montgomery/Overson) to pass Ordinance No. 4553 on second reading repealing Chapter 13.10 of the Bremerton Municipal Code, including the revisions distributed to Council and the one additional revision to page 7 of the ordinance as recommended by the City Attorney, and adopting a new Chapter regulating the planting, removal, maintenance, and protection of municipal trees and shrubs directly affecting public areas in the City of Bremerton, Kitsap County, Washington. 8B ORDINANCE (FIRST READING) TO ESTABLISH L.I.D. ~329 FOR PORTIONS OF JENNER AVENUE, #AB96-119 The City has received a petition requesting formation of a Local Improvement District (LID) to fund construction of curb and gutter, sidewalk, and storm drainage improvements along portions of Jenner Avenue. Attached is a LID boundary map. On May 15, 1996, the City Council passed Resolution No. 2545 establishing June 5, 1996 as the hearing date on formulation of the TAPE #1384 City Council Reg. Mtg. June 5, 1996 Page 12 of 13 Minutes LID. Ail property owners have been notified of the hearing as required by Resolution No. 2545. The estimated total project costs are $11,400, of which the city will contribute $2,000 from the Stormwater Utility Fund. The estimated assessment will be $30.00 per linear foot of frontage improvement. The action before the City Council is an ordinance to establish the LID. Mark Souza, Senior Engineer, reviewed the need for the L.I.D., explaining that during a storm in April of 1995, water cascaded down Fir Avenue and Jenner Avenue and caused some damage to the properties in that area. In order to stop that kind of damage in the future, it was suggested by the City to form an L.I.D. to construct curbs, gutters and sidewalks, which would convey the water further down to an existing catch basin that empties into the City's sewer system. The subject area is made up of six properties with four of those owners signing the petition requesting to form the L.I.D.. Once the city received the petition, Mr. Souza reviewed the policy and using that as a guideline came up with some estimated costs and informed the property owners it would cost approximately $30.00 per linear foot. The two end properties have curb, gutters and sidewalks on half of their properties, so they will not get charged the full frontage fee. The City will be using $2,000 from the Stormwater Fund to place a catch basin and tie it into the storm system, which will take some of the water out of the sanitary sewer system. Also, $1,000 will come from the Engineering Division budget for design and administration of the project. The total estimated cost of the project is $11,400. Roy McGinnis stated he lives above the subject area and from his knowledge that area did not always experience severe drainage problems. He felt strongly that a closer look needed to be given to what has been placed in that particular area over the past 12-15 years that could impact water runoff. Mr. Souza stated the proposed project would not eliminate the problems experienced in the April 29, 1995 storm; however, it will stop many occurrences that do occur. The proposed improvements will convey the water to a better location and stop many of the occurrences from happening. Mr. Overson questioned the information provided in Mr. Witt's letter, which was contained in the packet stating the City's contribution is $3,000, and the information being conveyed by Mr. Souza? Mr. Souza restated the $2,000 would come from the Stormwater Fund and $1,000 from the Engineering Department budget. TAPE #1384 city Council Reg. Mtg. June 5, 1996 Page 13 of 13 Minutes #2925 Mr. McConnell questioned why include only six lots? Mr. Souza stated six other lots in that area already have curbs, gutters and sidewalks. Mr. McConnell asked if the improvements would just push the water further down the street? Mr. Souza stated no, a new catch basin will be installed within the limits of the project. M/S/C/U(Colvin/Montgomery) to approve ordinance, on first reading, ordering the Jenner Avenue 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. President Law thanked the TV crew Stephanie James, Aaron Daniels, Valerie Daniels and Mike Peebles for their services this evening. With no further business meeting adjourned at 7:00 P.M. KATHLEEN L. McCLUSKEY, City Clerk JOHN E. LAW, Council President city of Bremerton KLM/JL/me cc: Normal Distribution File/Vault 1. SUBJECT: AGENDA BILL BREMERTON CITY COUNCIL MINUTES - JUNE 12, 1996 FOR AGENDA OF: ORIGINATING DEPT: ORIGINATOR: DATE SUBMITTED: 6-26-96 City Council John Law, President 6-20-96 2. C_~NCES: (comment on back if necessary) 3. EXHIBITS: ENDORSEMENT__ INFOPJ4ATION__ APPROVED BY coUNcIL?~DENT FOR SUBMITTAL: MAYOR COUNCIL PRESIDE~~~-~ ---~ 4. SUMR43d~Y STATEMENT AND REOUIREMENT FORCOUNCIL ACTION: 8. COM~ENDA ION: 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIO-L: EXPItLATION DATE: REVIEW DATE: PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED DISAPPROVED __ DATE: AMENDED __ 11. AGENDA-BILL NO: TAPE #1385 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES JUNE 12, 1996 #0010 #0020 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 12, 1996, at 5:30 P.M., with Council President John Law presiding. Council members present were Carlos Montgomery, Sherril Huff-Menees, David Farr, and Richard Neville. Council members Bob Winters, A1 Colvin, Cecil McConnell, and Lon Overson were absent due to their attending the Annual AWC Conference. Also present were city Attorney Ian Sievers and City Clerk Kathleen McCluskey. The meeting opened with the Pledge of Allegiance led by Council President Law and Invocation given by Pastor David Snapper of the Anchor of Hope Christian Reformed Church. CONSENT AGENDA A. Minutes - May 22, 1996 #AB96-120 M/S/C/U(Farr/Neville) to approve Consent Agenda as presented. CLAIMS/CHECK REGISTERS Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090, have been recorded on a listing that had been made available to the Council. M/S/C/U(Huff-Menees/Montgomery) on June 12, 1996, the Council does approve for payment those vouchers included and further described as follows: 198546 through 198714 in the amount of $514,074.89. President Law noted four Council members were absent due to their attending the Annual Association Of Washington cities Conference, which is being held in Pasco, WA. COUNCIL MEMBER REPORTS Mrs. Huff-Menees congratulated all of the graduating High School seniors in Kitsap County and cautioned them in their celebrations and wished them God speed in their future plans. Mr. Fart commented on The Sun's newspaper article about the Sinclair Landing Project and urged members of the public to take a good look at that article and become familiar with the project. He felt it was about time Bremerton saw some redevelopment activity similar to what has been happening in other parts of the County. TAPE #1385 City Council Reg. June 12, 1996 Page 2 of 15 Mtg. Minutes Mr. Neville reminded everyone of the meeting on June 18, 6:00 - 8:00 P.M., at the Bremerton High School, in the Career Center room, to discuss removing parking on planting strips, which will initially affect the neighborhoods north of llth Street going down Naval Avenue to the water and down llth Street to Chester Avenue to the water as well as Park Avenue. This meeting is open to the general public. He extended congratulations to all the youth who graduated from the Vocational Centers in Kitsap County. He was quite impressed that 477 students graduated from the Skill Center, which means they are getting a step ahead with their vocational plans stepping into the future. He was especially proud of his son being one of those that graduated. Mr. Law reminded everyone of the closure of llth Street from Chester Avenue to Warren Avenue for renovation work. Today's "Sun" newspaper contained an insert that has a valuable section on entertaining children during the summer months. The next District #2 Neighborhood Meeting will be held June 18, 7:00 P.M., at the Senior Center. The subject for that meeting will be whatever the attendees wish to discuss. MAYOR'S REPORT Mayor Lynn Horton gave special recognition to Richard Goetz, who was leaving the Planning Commission, after serving several years, due to his moving out of the City. She presented Mr. Goetz with a plaque and thanked him for the many hours of dedicated service he gave to the City, especially during development of the new Comprehensive Plan, revisions to the Zoning Ordinance and Development Ordinance. Richard Goetz stated it was his pleasure serving on the Planning Commission over the past four years. However, he felt strongly that it was a job that could not be done without the excellent help emanating from the Planning Department and its very talented staff. Mayor Horton read the following Proclamation: (1) JUNE 14, 1996, as FLAG DAY, which was accepted by Bob Sauter. Mr. Sauter announced a Flag Day ceremony will be held on June 14, 3:00 P.M., on the boardwalk. Mayor Horton reported she recently had the opportunity to visit the City of Boston and while there she walked along the "freedom walk" and viewed the meeting halls where the beginnings of the Revolutionary War took place, Paul Revere's house, and many other historic sites. That experience made her pause and think about the history of our country and acknowledging Flag Day is an extension of that history. PUBLIC RECOGNITION Bob Sauter reported several weeks ago he brought a concern to the Council regarding the transit system not having "EMERGENCY EXIT SIGNS" posted on some buses. He received a response from Kitsap TAPE #1385 city Council Reg. Mtg. Minutes June 12, 1996 Page 3 of 15 Transit telling him they were rectifying that situation; however, while riding the bus he observed that notification was posted on the back of the drivers seat, which is not visible to the public. Kathleen McCluske¥, City Clerk, announced an item has been added to NEW BUSINESS, Item "7D" Bremerton/Kitsap County DUI Task Force Agreement. 7A - BID AWARD RECOMMENDATION FOR TIMBER SALE 96-1 TO CASCADE POLE, #0505 #AB96-121 Per the Public Works & Utilities Sustained Yield Forest Management Program, the above timber sale was prepared and bids called for. Bid tabulation is attached. This sale is a selective harvest of approximately 108 MBF of pole quality timber on approximately 35 acres. Bill McKinne¥, Forester, stated he would standby for any questions. Public comment - none. Mr. Neville asked Mr. McKinney to explain the purpose of this action? Mr. McKinne¥ explained this particular timber sale is part of the ongoing revenue program for the Water Utility. The City undertakes an annual cut and the revenue generated from that is put back into the Water Utility to support capital projects and the operations of the Utilities. This is one timber sale that was put together and offered for bid under existing guidelines; and is a selected harvest cut, which means only 10-15 trees will be removed per acre. Mr. Montqomer¥ asked who selected the trees to be removed? Mr. McKinne¥ stated the trees are selected on the basis they are a pole grade tree and have been premarked under his direction. M/S/C/U(Farr/Montgomery) to approve the high bid submitted by Cascade Pole for $76,103.00, and authorize the Mayor to execute the contract per City administrative policies and procedures. 7B - PROFESSIONAL SERVICES AGREEMENT WITH WASHINGTON TIMBERLAND M/~NAGR~RNT, INC. FOR LAMINATED ROOT DISEASE MITIGATION, ~AB96-122 Identification of laminated root disease pockets on Water Utility forest lands has been accomplished under an existing Professional Services Agreement for updating the Utility Land Management Plan. Extensive areas throughout the Utility forest have been identified as disease centers. To maintain forest health and recover timber value requires implementing specific silvicultural practices to mitigate the disease and salvage merchantable timber. Washington Timberland Management has extensive experience in this field and it is the opinion of the Forestry Manager that their assistance will TAPE #1385 City Council Reg. June 12, 1996 Page 4 of 15 Mtg. Minutes expedite developing an ongoing program to mitigate this disease as well as provide training for Forestry Division staff. Washington Timberland Management will be compensated by receiving a percentage (10%) of the delivered log price on salvaged timber. Bill McKinne¥, Forester, stated for clarification the Land Management Plan should be completed by October of 1996. The mitigation for root rot is an off shoot from the Utility Land Management project. He emphasized this action has been discussed with the Advisory Committee and they have given their approval on moving forward to mitigate the disease. It is important that the City address this problem as soon as possible because it can spread to healthy trees from dead timber both standing and on the ground. This time of year is very prone for infestations of insects and when that happens it downgrades wood. If the City does not address some of these priority areas with some of the higher value wood and it sets another season, we'll probably lose a lot of what would have been merchantable timber and is an asset that would not be recovered. Public comment - none. Mr. Neville asked if just infested logs would be removed? Mr. McKinne¥ explained the majority of the trees will be what is already mortality. In order to fully clean up the pockets of disease, which comprises one half acre to three acre small blocks, part of the mitigation will be to clear out the dead trees as well as the closest healthy tree to those infected. Mr. Neville asked if Mr. McKinney was providing training to select personnel? Mr. McKinne¥ stated he will have a City employee working with the contractor and it is his plan to rotate several people through that process. He also expects to have the Washington State Pathologist inspect the site. He noted the subject firm has extensive experience in working with soil cultural aspects mitigating for the disease. Mr. Neville asked if all of this will fit into the forestry management computer program? Mr. McKinne¥ stated yes. The disease pockets were identified through a process of scanning aerial photographs through a computer program that was developed for the City's Utility Land Management Plan. It has also identified potential disease pockets. They did check a certain percentage of the areas that were designated on the computer generated map, which turned out to be almost 100% accurate. Mr. Fart asked the total number of acres of forest land? Mr. McKinne¥ stated the Water Utility owns approximately 8,500 acres. In one section of 640 acres, they identified 50 potential disease centers. In looking at the rest of the ownership that has been scanned through this system, that is probably fairly average of #0872 TAPE #1385 City Council Reg. June 12, 1996 Page 5 of 15 Mtg. Minutes what will be found throughout the entire ownership. Mr. Fart asked how did he become aware that the City had a potential problem? Mr. McKinne¥ stated a forester should know if his forest is sick and this disease is quite noticeable through casual observation. It was known that disease pockets existed, but what they did was to try and systematically identify them. There are several issues involved and generating revenues is probably the last on the list. The first step will be to mitigate for the disease by removing the infected trees. He emphasized if the areas are not treated, it precludes growing Douglas Fir back on those sites. One of the components of the agreement is to reforest those pockets with a resistant Conifer species. Mr. Montqomer¥ asked if Douglas Fir was the only species susceptible to the disease? Mr. McKinney stated it is the most susceptible and probably 90-95% of the City's forest lands are Douglas Fir, which is fairly typical of the northwest. There are other trees that have varying degrees of susceptibility. Fortunately, there are valuable Conifer species that can be replanted into these area that are either resistant or immune to the disease. M/S/C/U(Montgomery/Neville) to authorize and direct the Mayor to execute a Professional Services Agreement with Washington Timberland Management for mitigation of laminated root disease pockets and salvage of merchantable timber. 7C - PROFESSIONAL SERVICES AGREEMENT WITH HDR ENGINEERING & INTERLOCAL AGREEMENT WITH THE TRACYTON WATER DISTRICT, #AB96-123 The Tracyton Water District is a separate water system for which the city provides water, operation, and maintenance through a contract. The District is responsible for capital planning which has been neglected for many years. They must now complete a Water System Plan in accordance with Department of Health regulations. Since the City provides sources and has much of the documentation for the infrastructure of the Tracyton System, it is practical for the same consultant that wrote the City's plan to perform this task for Tracyton and for the City to coordinate this activity. This ensures the format is compatible with the City's Water Comprehensive Plan. Payment for the consultant will be by Tracyton Water District as outlined in the interlocal agreement. Kathleen Cahall, Water Resources Manager, reported the Tracyton Water District serves approximately 2,000 customers and as mentioned the City of Bremerton has provided operations and maintenance through a contract since the late 1960's. However, the City does not do any capital improvements for the District. The Water District has been required by the Health Department to develop a Water System Plan, which will outline what improvements #1009 TAPE #1385 city Council Reg. Mtg. June 12, 1996 Page 6 of 15 Minutes are needed to bring their system up to standards. The city wants to assist them with this task because the poor condition of the system makes it difficult for the City to do a good job with operations and maintenance. Much of the information needed for the plan was gathered in the City's Comprehensive Plan, which was adopted in 1992. There have been some minor changes to the consultant agreement since the draft agreement was published. The start date has been changed to a later date and some liability language was included, which was agreed to by the consultant and the City. Public comment - none. Mr. Neville asked by moving the start date to a later time will it also move the completion time? Ms. Cahall stated yes, it would move by approximately one month. She noted the July 1 date is the correct start time. Mrs. Huff-Menees questioned the time commitment by City staff that will be required in the development of this plan? Ms. Cahall stated it would be minimal. M/S/C/U(Montgomery/Farr) to approve the contract for professional services; approve the interlocal agreement for Tracyton to pay for these services; and authorize the Mayor to sign, subject to City administrative policies and procedures. 7D - BREMERTON/KITSAP COUNTY DUI TASK FORCE, #AB96-126 By accepting this continuation of the project agreement from WTSC, the Bremerton/Kitsap County DUI Task Force will continue to function in its present capacity. This program provides additional support to the City by means of law enforcement, revenue, and education. Lynn Drake, Traffic Safety Coordinator, stated accepting these funds will complete the second year of a 2-year program. Traffic statistics for 1995 revealed 1,329 traffic stops with 552 citations, 129 DUI arrests with 267 drivers found to be drinking during an emphasis patrols during that time. Currently, in 1996, there have been 402 traffic arrests with 149 citations, 50 DUI arrests with 98 drivers that had been drinking. So far this program has been very successful. During the April Drug and Alcohol Fair at the Kitsap Mall. a survey was taken and resulted in the Kitsap County DUI Task Force being rated third in the County of all the drug and alcohol programs in the County, ranking second to D.A.R.E. and M.A.D.D.. The program will be extended into the high schools providing DUI presentations and Alcohol Safety to the Traffic Safety classes and Business Law classes. In addition, there is a combined effort by all the law enforcement agencies in the #1145 #1223 TAPE #1385 City Council Reg. Mtg. June 12, 1996 Page 7 of 15 Minutes County to provide the "Grim Reaper" program at all the high schools. As part of that program, last week they issued 170 tee shirts to students leaving the parking lots wearing their seat belts and they found 5-7 students not wearing their seat belts at that time. A new program will target the younger children (pre- schools and Head Start programs), which is called "Berry Safety" covering bicycle education and bicycle helmet safety. Public comment - none. Mr. Neville raised a question as to the appropriateness of adding this Agenda item without public notification? Ian Sievers, City Attorney, stated this is an administrative task of the Council in accepting the grant and is not legislation that affects the public. M/S/C/U(Neville/Montgomery) to approve the Washington Traffic Safety Commission Project Agreement, and request the signature of the Mayor. 8A - ORDINANCE NO. 4558 (SECOND READING) FOR PORTIONS OF JENNER AVENUE~ $AB96-119 Public comment - none. TO ESTABLISH L.I.D. $329 M/S/C/U(Huff-Menees/Montgomery) to pass Ordinance No. 4558 on second reading ordering the Jenner Avenue 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. 9A - PUBLIC HEARING AND ORDINANCE (FIRST READING) FINAL ASSESSMENT ROLL FOR U.L.I.D. $327, KITSAP LAKE SEWER, $AB96-124 At the city Council meeting on May 15, 1996, the City Council passed Resolution No. 2546 setting June 12, 1996 as the hearing date for the final assessment on Utility Local Improvement District No. 327. Ordinance No. 4450 was passed by City Council on March 16, 1994 establishing U.L.I.D. No. 327. The improvements generally consist of the extension of sanitary sewer on Northlake Way and Kitsap Lake Road. The value of the Final Assessment Roll is $349,243.23. The action before the City Council is a public hearing, during which time the Council will sit as a Board of Equalization for the purpose of considering the Assessment Roll. During the hearing, the Council will consider the objections made and will revise, raise, lower, change, or modify the Assessment Roll or any part thereof, or set aside the Assessment Roll and order the assessment by made my De Novo. Following the hearing, the Council shall TAPE #1385 city Council Reg. Mtg. June 12, 1996 Page 8 of 15 Minutes confirm the Assessment Roll by Ordinance. Ail persons who desire to object to the Assessment Roll must make their objections in writing and file them with the City Clerk at or prior to the date fixed for the hearing. President Law announced at the end of the staff presentation he will request a motion from Council to continue this hearing until June 19. Anyone present, who wishes to comment on this issue, has the opportunity to give their testimony or they can wait until the June 19th meeting. He asked those testifying to not make the same presentation two weeks in a row. The Council members absent from this meeting, which includes the District #9 Councilman, will be requested to review the proceedings from this Council meeting in order to seated during the discussion on this issue at the June 19 presentation. He will also ask the Council, by a motion, to accept comments from anyone in the public even if they did not submit written comments. President Law asked the "Appearance Of Fairness/Conflict Of Interest" question with all Council members present being seated. Randy Witt, City Engineer, stated prior to getting into the history of this project, he felt it was important to recognize the efforts of Jack Lefcoski for his efforts in working with the residents in the ULID area organizing the U.L.I.D. Furthermore, Jack was their conscious on the project, pushed them on the project and Mr. Witt doubted the project would have become a reality without that kind of effort. Tim Richard, Senior Engineer, provided the following recap of the history on this project: the hearing for formation of the ULID was conducted March 9, 1994. Prior to that, in February 1994, notification was sent out to the property owners within that ULID boundary notifying them of the hearing and estimated assessment of $4,275.00 per lot. The City Council passed Ordinance #4450 forming the U.L.I.D. the following week after the Public Hearing. In August of 1994, bids were opened for the ULID with the low bidder claiming a bid error. As a result of that claim, the second low bidder cost was used and the estimated assessment, at that time, was $6,270 per lot. Notification was sent out to the property owners and a public meeting was conducted where the City was encouraged by the property owners to reject the bid and look at some possible redesign options. The City Council did reject the bids and the project was redesigned to eliminate a pump station and go to gravity flow all the way into the existing system. The project was rebid and opened on May 30, 1995. A meeting was held with the ULID members on June 13, 1995. The residents were provided a notice of that meeting, which also included an estimated assessment, based on the bid, of $5,360 per lot, a decrease of #1600 #1618 TAPE #1385 city Council Reg. Mtg. June 12, 1996 Page 9 of 15 Minutes approximately $900 from the previous estimate. The project was constructed and the final assessment has been determined to be $4,517.19 per lot, which is approximately $900 less than the estimate announced in June 1995. A meeting was held with the property owners on June 10, 1996, to discuss the ULID and some of the financing options available. Twenty two of the 77 lots were represented at that meeting, and one of the major issues was financing. He wished to correct a statement he made at that meeting that the billing was done along with the County taxes, which was incorrect, that billing is done on an annual basis by the City on a special bill. The members of the ULID present at that meeting agreed to recommend the terms of the Bond for the ULID be a 13 year term at 8.2% per the City Treasurer. M/S/C/U(Farr/Huff-Menees) at the end of public comment to continue this hearing for one week. M/S/C/U(Farr/Huff-Menees) to waive the written requirement for speakers at this public hearing. Kathleen McCluske¥, city Clerk, read into the record the following letters: (1) Myrna L. Peterson, 1533 Kitsap Lake Road NW, Bremerton, WA 98312 - "Am writing to tell you of my objections to the assessment for the sewer. I have been assessed the amount of $4,517.19 for the Utility Local Improvement District #327 for the sanitary sewer on Kitsap Lake Road. Have objected to the sewer because some of my neighbors and I felt that the sewer was unnecessary because our septic tanks were sufficient at this time. Paying this assessment will be a hardship for myself and my neighbors, who like me, are on a fixed income. My total income a year is $10,000, so paying the above amount would be almost impossible. I will be sixty five in August and money is tight for me. Mr. Lefcoski pushed the sewer through because it was for his benefit, not ours. He appears to be quite affluent but the rest of us are not. Please advise as to other developments about this sewer project. How can this be worked out? Thank you, Sincerely." (2) Robert B. Griffith, 4823 N. Leber Lane, Bremerton, WA 98312- 8829 - "Being the owner of the above described property, I am responding to the notification which I received from you on May 24, 1996. Said notification informed me of the upcoming meeting of Wednesday, June 12, 1996, at the Council Chambers and the necessity to file any objection I have to the assessment. I am concerned that we are being assessed for something that we are not adequately receiving. The sewer line, installed in 1995 on the Kitsap Lake Rd. and on North Lake Way does not extend to our TAPE #1385 city Council Reg. June 12, 1996 Page 10 of 15 Mtg. Minutes property. I have enclosed here map of the area which clearly shows that the sewer line is stubbed off at the end of a short road that branches off from the Kitsap Lake Rd. In order for us to connect up to this terminal would require excavating a ditch uphill from our home and 800 feet in length and through adjoining neighbors property. The length of this excavation would require a heavier pump and larger pipe line at a much greater cost. I have been in contact with Civil engineer who is familiar with this system and he estimated that it would cost us approximately $15,000 to connect to the sewer. For a couple of 80 year old kids in their little grey home in the West, that to me is ridiculous. The City of Bremerton is saving many thousands of dollars by using a gravity flow system which requires no pumping station. Since we are beyond their gravity system it appears that they are passing some of it off on to us. Respectfully." (3) Jack Lefcoski, 1700 Kitsap Lake Road, Bremerton, WA 98312 - "During the petition and ULID development phase, the neighborhood signed the petition; 65% for and 34% against. Then and now there are 34% unhappy residents affected by the project. These comments stem from the interest of the whole group, but particularly from the residents who voted against the project. The city of Bremerton Council approved the project and allotted $300,000 as the City's share. The City's primary concern was to protect the lake just as any other park. From the beginning to the end many unanswered and unexplained cliches have occurred, not to mention the unit price has increased about 6 times the original estimates. Items of concern: 1. The original estimate and drawing preparation include a 50K to 60K booster pump. That pump was eliminated and the system converted to gravity. It's hard to understand why there is not a reduction in the project price. (The pump was in the bid price.) 2. Ten (10) manholes were eliminated after installation costs of a manhole is about $1,200 should represent about a $12,000 reduction in Where is that shown? the bid. (Unit to $1,500.) That the project cost. 3. On a side lane one property had to have the main line installed twice due to an error, i.e. the customer was promised that this property would drain by gravity but the line was installed too shallow, requiring him to install a lift pump. The city recognized TAPE #1385 City Council Reg. Mtg. June 12, 1996 Page 11 of 15 Minutes the error and corrected it by removing the installed pipe and reinstalling it lower, that was great on behalf of the City. but it surely wasn't part of the original plan or the bid price. Question: why should the customers have to pay for the City's error? 4. At the west end of N. Lake Way the City made an error in surveying prior to ditching, and an additional manhole was required to properly install the main. This extra manhole was not in the plan or bid. Question: why should the customers have to pay for the extra manhole? 5. During development of the ULID, about a dozen neighborhood meetings were held and representatives from the City utilities and Parametrix attended several of them to explain all aspects of the project. Of course the project required to dig up an 8' strip generally down the middle of the road. Obviously that strip would have to be restored and this would be part of the project cost. After piping installation, it turned out that Kitsap Lake road was paved curb to curb. The head Engineer and Lefcoski talked about that and how it would be funded. He said that Lefcoski through it was nice to resurface the whole street to finish the project. That is true - but there was never a mention prior to the paving that the price would be added to the project cost. The residents have always considered the ditch restoration was in the original project cost. In resurfacing the street in the area north of Camp McKean, several slumps have appeared in way of manholes and side connections. Actually the surface is rougher now than it was before the project. It seems the ballast is slumping beneath the blacktop. 6. In talking to the City utilities office, it was agreed to have an ULID participants meeting to hash over the project and explain the assessments. Instead we got an assessment letter and notification to come to a City Council meeting for the hash-over. Very few people can probably do this. We would prefer a neighborhood meeting. Council may prefer that too. 7. About the $300,000, we must all realize that the money was authorized prior to the City's lawsuit and stormwater up-date expenses. It was authorized in good faith, acknowledging that the lake is considered as a park and must be protected as any other park, i.e.,everybody pays a share. (Not unlike the City buying a new lawn mower, etc., for the City parks.) Some people think the $300,000 was unjustified and unfair for most citizens. Question: Aren't all city residents paying for the city stormwater update even if the updates aren't in their TAPE #1385 city Council Reg. June 12, 1996 Page 12 of 15 Mtg. Minutes neighborhoods? Aren't all citizens paying for city parks even though they don't all use them? Kitsap Lake i__s a city park and available to everyone whether it is officially designated as one or not. What else would one call it? 8. The cost of the project should be funded as a project. Not the city will pay for this and not that. The assessment price should be the bottom project cost minus the $300,000. The balance should be divided by the number of units involved. Sincerely." Bob Griffith, Leber Lane, passed out copies of a map showing the location of his property in relationship to the sewer project. He restated his opposition, as stated in his letter that was read into the record, to being included in the ULID. He emphasized the distance between his property and the closest connection available for him to hook up to the sewer and the fact that he would have to gain an easement over his neighbor's property. He felt strongly that his neighbor would not easily grant him an easement, which could result in further costs to him to gain that access and the assessment would be a financial burden for he and his wife. He urged Council to give his request serious consideration and exclude him from the ULID. Jack Lefcoski stated he agreed that Myrna Peterson and the Griffiths would be adversely affected, financially, by the assessment. Because the main sewer line is not adjacent to Mr. Griffith's property, he would like the City Council and Mayor to agree to do the ditch digging for him or give Mr. Lefcoski a piece of equipment and he would personally dig the ditch. He also would like the City to help Mr. Griffith gain an easement across his neighbor's property. He assumed the two County property owners that installed 6" laterals in order to connect up to the sewer sometime in the future, would be asked to sign an outside Utility Agreement. One of those property owners wants to annex into the City; therefore, Mr. Lefcoski urged the City to pursue bringing those properties within City boundaries. The assessment is based on 77 parcels, not including the two County property owners. He suggested the assessment should be based on 79 units, not 77. Twenty two units attended the meeting on June 10th and there were no strong arguments, but there was discussion on why the paving was added to the LID. In his opinion, paving the whole street was never in the original concept when the ULID was formed. It turns out this is a new City policy and he was told this was the first project for that policy to be implemented. The first thing that comes to everyone's mind is the added paving cost was compensation for the $300,000 - the City's share of the project. The residents are very thankful for the $300,000, but they do not look at it as a favor to just a few residents. TAPE #1385 City Council Reg. Mtg. June 12, 1996 Page 13 of 15 Minutes 9B - PUBLIC HEARING AND ORDINANCE (FIRST READING) FINAL ASSESSMENT ROLL FOR L.I.D. #328t WHEATON WAY SEWER, #AB96-125 At the City Council meeting on May 15, 1996, the City Council passed Resolution No. 2547 setting June 12, 1996 as the hearing date for the final assessment on Utility Local Improvement District No. 328. Ordinance No. 4460 was passed by City Council on May 11, 1994 establishing L.I.D. No. 328. The improvements generally consist of the extension of sanitary sewer on Wheaton Way. The value of the Final Assessment Roll is $109,107.90. The action before the City Council is a public hearing, during which time the Council will sit as a Board of Equalization for the purpose of considering the Assessment Roll. During the hearing, the Council will consider the objections made and will revise, raise, lower, change, or modify the Assessment Roll or any part thereof, or set aside the Assessment Roll and order the assessment by made my De Novo. Following the hearing, the Council shall confirm the Assessment Roll by Ordinance. Ail persons who desire to object to the Assessment Roll must make their objections in writing and file them with the City Clerk at or prior to the date fixed for the hearing. President Law asked the "Appearance Of Fairness/Conflict of Interest" question with all Council members present being seated. Randy witt, city Engineer, gave recognition to Dayton Griffin for his efforts in putting together the petition for the L.I.D. Tim Richard, Senior Engineer, stated this L.I.D. was formed in 1994 and a meeting was held with the L.I.D. members on April 11, 1995. prior to the public hearing. The notification of the Public Hearing included a preliminary assessment at a rate based on a total cost of $9,850.00, or $89.57 per front foot. The L.I.D. formation hearing was held on May 4, 1994, and Ordinance #4460 forming the L.I.D. was passed the following week. The bid for the project was opened on March 1995. A pre-award meeting was held with the participants and at that time they were notified, based on the bid, the L.I.D. cost would be $135,542 or $126.67 per front foot. Those who participated in that meeting asked the City to proceed with the project and the bid award was approved on April 5, 1995. The project was constructed during the summer of 1995 and the final assessment roll for this project is $109,107.90. or $101.97 per front foot. The total cost of the project was $125,701.58, with the assessment roll being $109,107.90 and the difference in cost is the City's paid share, which is approximately 13%, based on Resolution #2467 City's Participation In Local #3116 TAPE TAPE #1385 City Council Reg. June 12, 1996 Page 14 of 15 Mtg. Minutes Improvement Districts. A meeting was held with the members of the L.I.D. on June 10th and those present unanimously agreed to ask for a 13 year term at 8.2% for financing per the City Treasurer. Kathleen M¢Cluske¥ read into the record a letter from the law firm of Sanches, Paulson, Mitchell and Laurie regarding the land owner of Tax Lot Reorganized Church Of Jesus Christ Of Latter Day Saints - Dear Mrs. McCluskey, the Reorganized Church Of Jesus Christ Of Latter Day Saints objects to the assessment made with regard to Wheaton Way property. It has been made clear by its filing a lawsuit against the City, the City and the contractor that was employed to provide the improvements did substantial damage to the Church's land that has rendered it unusable and currently valueless. Until such time as the City of Bremerton has resolved the flooding of stormwater from Wheaton Way onto this lot and adjacent property, the assessment is excessive and unwarranted. The $12,236.40 assessment should be suspended until the lawsuit has been resolved and a determination has to been made as to whether this property retains any value whatsoever." M/S/C/U(Huff-Menees/Farr) to waive the requirement for written objection and allow verbal comment this evening. Public comment - none. Mr. Neville asked if the City had a response to the letter read into the record? Ian Sievers, City Attorney, stated the protester on the final assessment roll has to produce evidence that he has not been specially benefitted to the amount of the assessment. This letter addresses an event that caused some damage to the property, but in his opinion he did not see that evidence was produced that the property was unusable, non-buildable; therefore, won't benefit from being connected to the sewer. Obviously, the property is on a slope and subject to the Critical Lands Ordinance, but he believes there is substantial buildable area of the lot that remains. The City's Critical Lands Ordinance does allow building even within the 50-ft. setback of a bluff with an engineered design. There is no minimum lot size for the particular zoning involved on this lot and if topography did prevent buildable lot area they would be allowed to apply for a variance, and certainly if there was no use for the property, they should be granted a variance as that would constitute a "taking". #1386 Mr. Neville referenced the part in the letter that stated the damage to the property was caused by stormwater runoff. Mr. Sievers stated that is an additional problem with the letter, it is alleged in a claim against the City, which has developed into a #0125 TAPE #1386 city Council Reg. June 12, 1996 Page 15 of 15 Mtg. Minutes lawsuit, that there was some fault of the city, either maintenance or design of stormwater facilities that caused some erosion to the property. He thinks there is also an allegation that an independent contractor of the city that was working on Wheaton Way at the time of the storm may have contributed through his construction activities. But for purposes of this hearing, that was in the range of a 100 year storm. Secondly, it may have been contributed to by these unusual circumstances of roadway construction at the time, so for the Council to draw an assumption based on these unusual events, that the property would continue to be valueless because of continued erosion or stormwater intrusion on the property is pretty speculative and remote. Mr. Neville stated he has heard reference where we've had five 100-year storms already this year. Mr. Sievers stated the point here is that to say this is a continuing problem that makes the property valueless is difficult. Mr. Neville asked if the project separated the stormwater from the sanitary sewer and if new gutters were installed? Mr. Richard stated no. Mr. Neville asked how many of the 11 property owners affected signed the L.I.D.? Mr. Richard stated of the 11 lots in the L.I.D. there were six in favor and one lot was counted as neutral because it is a City owned lot. Based on front footage, 69.2% were in favor of the L.I.D. M/S/C/U(Montgomery/Huff-Menees) to approve ordinance on first reading adopting and confirming the assessment roll for Local Improvement District No. 328 providing for the improvements by extension of sanitary sewer in Wheaton Way as described in Ordinance 4460 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. President Law thanked the TV camera crew for their services this evening: Mike Peebles, Deborah Harris and Patrick Hirsch. With no further business meeting adjourned at 7:10 P.M. KATHLEEN L. McCLUSKEY, City Clerk JOHN E. LAW, Council President city of Bremerton KLM/JL/me cc: Normal Distribution File/Vault AGENDA BILL BREMERTON CITY COUNCIL SUBJECT: BID AWARD RECOMMENDATION - PURCHASE OF DUCTILE IRON PIPE FOR THE YEAR 1996 FOR AGENDA OF: June 26, 1996 ORIGINATING DEPT: Public Wor~ Utilities ORIGINATOR: W. Hamiltor~til ODr Mqr DATE SUBMITTED: June 20, 1996 CLEARANCES: (comment on back if necessary) city Treasurer ~_~/ -\ city Attorney_----~__~ - City Clerk-~~,.~., Purchasing Supr -~ . Fin & ~udget Comm ~,~ Operations Comm ~/~ ~ 3. EXHIBITS: Bid Tabulation 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ,~TION. Se Call for Bids was prepared, advertised, distributed and received in accordance with accepted Call for Bids procedures for ductile iron pipe for the Utilities Operations Division. Two (2) bids were received. One bidder did not meet the requirements. The other bidder is United States Pipe & (Continuation on Page 2) RECOMMENDATION: The city Council approve the bid award and authorize the Mayor to execute the contract for the purchase of ductile iron pipe from United States Pipe and Foundry, Auburn, Washington, at the unit prices indicated, subject to City Administrative Policies and Procedures. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: Public Works and Utilities Director Utilities ODerations Manager PULLED [] TABLED [] COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED [] DISAPPROVED [] AMENDED [ ] 2. CLEARANCE COMMENTS: 3. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION - Continuation Foundry, Auburn, Washington. We have purchased from this company in the past and have proven to be responsible and cooperative. The bid tabulation is attached. As in the past, ductile iron pipe will be ordered as needed during the year. An open purchase order will be established to facilitate the process. IMPACT ON NON-PASSAGE: The Department would have to purchase ductile iron pipe from other vendors in less quantities and would not receive the lower unit prices offered by United State Pipe and Foundry. IMPACT ON STAFFING~ BUDGETS, FACILITIES, EQUIPMENT AND OTHER RESOURCES: Staffinq: N/A Budqet: Sufficient iron pipe. Facilities: N/A Equipment: N/A funds are budgeted for the purchase of ductile 7. RESEARCH SOURCES: CITY OF BREMERTON: BID TABULATION FORM .BID OPENING DATE: TIME: ~ ', F3 ~ RECORDED BY IBID BIC ,_~-n ~ ~' ~'~ /~" N~ TAX TOTAL ,~NALYSIS NET REMARKS/REFERENCE~ERIFICATIONS, ~C. LOW BID VENDOR: SEC~D LOW BID: THIRD LOW BID: AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: WWTP Odor Comrol Project, Approval of CCO #9 and Revision to Administrative Change Order Authority FOR AGENDA OF: JUNt~ 2.61996 ORIGINATING DEPT: Public Works/Utilities ORIGINATOR: R. Witt, City_ Engineer DATE SUBMITTED: June 17, 1996 2. CLEARANCES: (comment on back~ .ecessary) ,., 3. EXHIBITS ~"t~Effrector, Public Works/Utilities ~ a. Contract Change Order #9 City Attorney ._....~ .~----~--~ City Treasurer Budget & Finance Committee ~'[5~ ~. Operations Committee ENDORSE~X' INFO ,RM~TION APPROVED BY COUNCIL PRESIDENT/F~r~ 11'1 AL: . mvoR ;. 4. SUlvlIVIARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: St. aff have negotiated Contract Change Order (CCO) #9 on the Wastewator Treatment Plant (WWTP) Odor Control Project in the amount of $14,990~93 for modifications to the centrifuge room odor containment area. This brings the total amount of change orders on tiffs project to $2~-~30.24. The Mayor's administrative change order authority as provided by City Council for tiffs project of $250,(X)0 ',','iH be excecded by CCO #9, therefore City Council must approve this change order. Staff requests that the Mayor's administrative change order authority be re-authorized in an amount of $175,000 above thc cumulative total of CCO #9. This amount is ex'pected to meet the requirements of the project and is xvithin the 10% of the construction contract mount budgeted for change orders. The request is made to expedite the change order process and facilitate timely completion of the project. Council will continue to be apprised of the project slaws, including change orders, as part of the monthly project status repons. Staff recommends approval of CCO #9 and re-authohzation of the Mayor's change order authority. 8. RECOMMENDATION: A) That the City Council authorize and direct the Mayor to execute contract change order ~') to the Wastewater Treatment Plant Odor Control Project in the mount of $14,990.93 B) That the City Council move to approve re-authorization of the Adnfiuistrative Change Order Authority of the Mayor on the Wastewater Treatment Plant Odor Control Project in the mount of $175.000 above the cumulative total in Change Order #9. 9. RESPONSIBLE OFFICIAL: City Engineer ENFORCEMENT OFFICIAL: N/A EXPIRATION DATE: N/A REVIEW DATE: N/A PULLED TABLED COUNCIL DIRECTIVE 10. NOTICE OF ACTION APPROVED DISAPPROVED AMENDED DATE: 11. AGENDA BILL NO: q(o - {4(.> 2. CLEARANCE COMMENTS: IMPAi2T ON NON-PASSAGE: a) The modification to the centrifuge odor control area will not be made. This will then require that the sludge "cake" truck not be loaded in an optimum and efficient manner. b) Extra time will be required to process change orders. As the project has currently exceeded the working days allowed, slow processing of change orders will allow the contractor to request additional work days or file a claim for delay. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUI]?MENT OR OTHER RESOURCES: none 7. RESEARCH SOURCES 96437 CEL42qGE ORDER NO.9 ~ CITY OF BREMERTON WASTE WATER TREATMENT PLANT ODOR CONTROL PROJECT DATE OF ISSUANCE: June 17, 1996 E~t:CTIVE DATE: OWNER: CO~CTOR: ENGINEER: CITY OF BREMERTON PACIWIC MECHANICAL CORPORATION R.W. BECK You are directed to make the following changes in the Contract Documents. Description: Provide various changes as described in Attachment A. Reason for Change: See Attachment A Attachments: Attachment A CHANGE 1N CON'InR~CT PRICE: Original Contract Price: $ 5,123,940.00 Net change through Change Order No 8 $ 249,439.31 Contract Price prior to this Change Order: $ 5,373,379.31 Net increase (decrease) of this Change Order: $ 14,990.93 Contract Price with all approved Change Orders: $ 5,388,370.24 CHANGE IN CONTRACT On or before December 31, 1995 On or before May 25, 1996 Original Contract Times Operational Completion Ready for final payment: Net change through Change Order No.8 0 days Contract Times prior to this Change Order Operational Completion: On or before December 31, 1995 Ready for final payment: On or before May 25, 1996 Net increase (decrease) of this Change Order: 0 days Contract Times with all approved Change Orders Operational Completion: On or before December 31, 1995 Ready for final payment: On or before May 25, i996 RECO~[~NDED: APPROVED: Engideer (A-~t~"orized ~i~tur~ v ~_ Owner (Au~ofized Signature) (Based on ff3CDC ~0. ~0-8-8, ~0 fidition) ~.w. ~oekfil~codo: 4~2 ACCEPTED: ATTACItMENT A CHANGE ORDER NO. 9 BREMERTON WASTE WATER TREATMENT PLANT ODOR CONTROL PROJECT Item No. 1: Provide modifications to centrifuge room as described in sketches SK I-8 dated May 10, 1996 and Field Order No. 39 dated February 29, 1996. This change will increase the length of the dewatered sludge loading area in the centrifuge room, thereby permitting the loading of all three feed ports of the City of Bremerton's sludge cake truck (currently limited to two) and containment of the odorous air during this operation. The additional cost of this work including sales tax is $14,990.93 Total Cost of Item No's. 1 through 1 is $14,990.93 AGENDA BILL BREMERTON CITY COUNCIL SUBJECT: APPROVE CONTRACT for State PERF Grant to develop Charleston Community Plan FOR AGENDA OF:June 26, 1996 ORIGINATING DEPT: Dept. of Comm.Dev. ORIGINATOR: Kay Wilson, Sr. Planner/l/~ DATE SUBMITTED: June 18, 1996 2. CLEARANCES: (Comment on back if necessary) EXHIBITS: Director of Com~;Z~'~ City Attorney: 1 - PERF Contract ~v/Attachment A 2 - Charleston Community Plan Area (map) City rreasurer~ Fiscal/Budget Comm: Operations Comm. ENDORSEMENT/~INFORMATION APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: o SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIL ACTION: The City has been awarded a PLANNING AND ENVIRONMENTAL REVIEW FUND (PERF) grant to help fund development of a Specific Area Plan for the Charleston Community. Approximately $39,000 in CDBG funds is earmarked to do a Charleston Business District plan. The PERF grant will provide an additional $40,000 to expand the scope of the plan to include surrounding neighborhoods. The PERF grant is targeted for development of an "Integrated GMA/SEPA Plan" under the new State regulatory reform legislation. The grant will also fund a "poster-brochure" version of the land use plan, and a videotape to help explain the streamlined permitting system that will be possible with the plan. RECOMMENDATION: Approve contract as submitted. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED DISAPPROVED AMENDED 11. AGENDA BILL NO.: q(~-/4[ BREMERTON CITY COUNCIL AGENDA BILL (CONT.) 2. CLEARANCE CO1VIMENTS: IMPACT OF NON-PASSAGE: A Charleston Business District plan will be funded under the CDBG grant. The plan will not address surrounding neighborhoods, and a poster-brochure and videotape will not be done. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: The grant will cover City staff time to expand the scope of the plan to include surrounding residential areas. In addition, it will make it possible to hire a consultant(s) to help develop the Integrated GMA/SEPA Plan, the poster- brochure, and the videotape. RESEARCH SOURCES: Bremerton Comprehensive Plan, 1995. Staff, State Department of Community, Trade and Economic Development / Grow~th Management Services. INTERGOVERNMENTALAGREEMENT WASHINGTON STATE DEPARTMENT OF COMMUNITY, TRADE AND ECONOMIC DEVELOPMENT CONTRACT NUMBER: 96-160-098 This AGREEMENT, entered into by and between the City of Bremerton, hereinafter referred to as the CITY, and the Washington State Department of Community, Trade, and Economic Development (hereinafter referred to as the DEPARTMENT), WITNESSES THAT: WHEREAS, the DEPARTMENT has the statutory authority under RCW43.63A.065 to cooperate with and provide assistance to local governments and local agencies serving the communities of the state, for the purpose of aiding orderly, productive, and coordinated development of the state; and WHEREAS, the DEPARTMENT also has the responsibility to administer programs and projects assigned to the DEPARTMENT by the Governor or the Washington State Legislature; and WHEREAS, the DEPARTMENT has the statutory responsibility under RCW36.70A.190 (1) to establish a program of financial assistance and incentives to counties, cities, and towns to encourage and facilitate the adoption and implementation of comprehensive plans and development regulations throughout the state; and WHEREAS, the DEPARTMENT has the statutory responsibility under RCW36.70A.490 and 36.70A.500 to administer a program of financial assistance and incentives to counties, cities, and towns to assist with the preparation of a detailed environmental impact statements that are integrated with a comprehensive plan or subarea plan and development regulations; and WHEREAS, the DEPARTMENT desires to engage the CITY to perform certain tasks as hereinafter specified. NOW, THEREFORE, in consideration of covenants, conditions, performances, and promises hereinafter contained, the parties hereto agree as follows: FUNDING The total funds to be disbursed to the CITY, for the agreement period shall not exceed forty thousand dollars ($40,000.00). AGREEMENT PERIOD The effective date of this AGREEMENT shall be July 1, 1995. The termination date shall be June 30, 1997. Funds provided to the CITY under this AGREEMENT shall be used solely for activities undertaken to fulfill the requirements of the Growth Management Act and the State Environmental Policy Act in accordance with RCW 36.70A.500 and the ATi'ACHMENT: SCOPE OF WORK, which, by this reference, is made a part of this AGREEMENT. REIMBURSEMENT PROVISIONS A. During the course of the AGREEMENT PERIOD the CITY shall submit six (6) invoice vouchers (Form A-19) to the DEPARTMENT. The CITY will submit the first voucher in Page 1 the amount of five thousand dollars ($5,000.00) upon execution of this AGREEMENT. Thereafter, the CITY must submit vouchers for each of the five (5) subsequent calendar quaders in the amount of seven thousand dollars ($7,000.00). All funds must be disbursed by June 30, 1997. Within ten (10) days after receiving a voucher, if approved, the DEPARTMENT shall remit to the CITY a warrant for the amount indicated, subject to the provisions of section 4(B) below. Payments shall be contingent on compliance with the provisions of this AGREEMENT, including the tasks, products, deliverable, and other work items specified in the A'I-I'ACHMENT: SCOPE OF WORK may, at the DEPARTMENT'S discretion, result in funds being withheld pending completion of the items outstanding at the end of each calendar quarter. EVALUATION AND MONITORING The DEPARTMENT or the State Auditor and any of their representatives shall have full access to and the right' to examine during normal business hours and as often as the DEPARTMENT or the State Auditor may deem necessary, all the CITY'S records with respect to all matters covered in this AGREEMENT. Such representatives shall be permitted to audit, examine, and make excerpts or transcripts from such records and to make audits of all contracts, invoices, materials, payrolls, and records of matters covered by this AGREEMENT. Such rights last for six years from the date final payment is made hereunder. EMPLOYMENT PROVISIONS There shall be no discrimination against any employee who is paid by the funds indicated in the AGREEMENT or against any applicant for such employment because of race, religion, color, sex, age, handicap, or national origin. This provision shall include, but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training. AGREEMENT MODIFICATIONS The DEPARTMENT and the CITY may, from time to time, request changes to this AGREEMENT. Any such changes that are mutually agreed upon by the DEPARTMENT and the CITY shall be incorporated herein by written amendment to this AGREEMENT. It is mutually agreed and understood that no alteration or variation of the terms of this AGREEMENT shall be valid unless made in writing and signed by the parties hereto, and that any oral understanding or agreements not incorporated herein, shall not be binding. DISPUTES Except as otherwise provided in this contract, when a bona fide dispute arises between the parties and it cannot be resolved through discussion and negotiation, either party may request a dispute hearing. The parties shall select a dispute resolution team to resolve the dispute. The team shall consist of a representative appointed by the DEPARTMENT, a representative appointed by the CITY, and a third party mutually agreed by both parties. The team shall attempt, by majority vote, to resolve the dispute. The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial tdbunaL TERMINATION OF AGREEMENT A. If, through any cause, the CITY shall fail to fulfilI in a timely and proper manner its obligations under this AGREEMENT, or if the CITY shall violate any of its covenants, agreements or stipulations of this AGREEMENT, the DEPARTMENT shall thereupon Page 2 10. 11. 12. 13. have the right to terminate this AGREEMENT and withhold the remaining allocation if such default or violation is not corrected within twenty (20) days after submitting wdtten notice to the CITY describing such default or violation. Notwithstanding any provisions of this AGREEMENT, either pady may terminate this AGREEMENT by providing written notice of such termination, specifying the effective date thereof, at least thirty (30) days prior to such date. Reimbursement for services performed by the CITY, and not otherwise paid for by the DEPARTMENT prior to the effective date of such termination, shall be as the DEPARTMENT reasonably determines. SPECIAL PROVISION The DEPARTMENT'S failure to insist upon the strict performance of any provision of this AGREEMENT or to exemise any right based upon breach thereof or the acceptance of any performance during such breach, shall not constitute a waiver of any right under this AGREEMENT. AMERICANS WITH DISABILITIES ACT The DEPARTMENT and the CITY agree to comply with all the provisions of the Americans with Disabilities Act, Public Law 101-336, 28 CFR Part 35, and all regulations interpreting of enforcing such act. HOLD A. HARMLESS It is understood and agreed that this AGREEMENT is solely for the benefit of the parties hereto and gives no right to any other party. No joint venture or partnership is formed as a result of this AGREEMENT. Each party hereto agrees to be responsible and assumes liability for its own negligent acts or omissions, or those of its officers, agents, or employees to the fullest extent required by law, and agrees to save, indemnify, defend, and hold the other party harmless from any such liability. In the case of negligence of both the DEPARTMENT and the CITY, any damages allowed shall be levied in proportion to the percentage of negligence attributable to each party, and each party shall have the right to seek contribution from the other party in proportion to the percentage of negligence attributable to the other party. This indemnification clause shall also apply to any and all causes of action arising out of the performance of work activities under this AGREEMENT. Each contract for services or activities utilizing funds provided in whole or in part by this AGREEMENT shall include a provision that the DEPARTMENT and the state of Washington are not liable for damages or claims from damages adsing from any subcontractor's performance or activities under the terms of the contracts. GOVERNING LAW AND VENUE The 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 CITY, Washington. Page 3 14. 15. 16. 17. In the event any term or condition of this AGREEMENT or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other terms, conditions, and applications of this AGREEMENT which can be given effect without the invalid term, condition, or application. To this end the terms and conditions of this AGREEMENT are declared severable. RECAPTURE PROVISION A. In the event that the CITY fails to expend state funds in accordance with state law or the provisions of this AGREEMENT, the DEPARTMENT reserves the dght to recapture state funds in an amount equivalent to the extent of noncompliance. Such right of recapture shall exist for a pedod not to exceed three (3) years following termination of the AGREEMENT. Repayment by the CITY of state funds under this recapture provision shall occur within thirty (30) days of demand. In the event that the DEPARTMENT is required to institute legal proceedings to enforce the recapture provision, the DEPARTMENT shall be entitled to its cost thereof, including reasonable attorney's fees. REDUCTION IN FUNDS The DEPARTMENT may unilaterally terminate all or part of this AGREEMENT, or may reduce its scope of work or budget under this AGREEMENT, if there is a reduction of funds by the source of those funds, and if such funds are the basis for this AGREEMENT. ADMINISTRATION A. The DEPARTMEN'FS representative shall be Peter Riley. B. The CITY'S representative shall be Kay Wilson. IN WITNESS WHEREOF, the DEPARTMENT and the CITY have executed this AGREEMENT as of the date and year written below: Stephen R. Wells, Assistant Director Department of Community, Trade, and Economic Development CITY Title Date: Date: APPROVED AS TO FORM: TOMMY PRUD'HOMME Assistant Attorney General Date: January_ 4. 1996 Page 4 SCOPE OF WORK ATTACHMENT A SCOPE OF WORK City of Bremerton Charleston Community Plan I. Project Summary The City of Bremerton and/or its consultants will prepare a commtmity plan for the historic Charleston neighborhood, located west of the Puget Sound Naval Shipyard. The project will include three final products: · An Integrated GMA/SEPA Plan for the Charleston Community; A poster-brochure summarizing the Plan and explaining the streamlined development permit/environmental review process within the plan area; A videotape describing the Plan and project review process within the plan area. The video will be designed for viewing by prospective applicants but will also be appropriate for affected members of the community. The Integrated Plan will include: A comprehensive plan for the Charleston community, including all elements required by the Growth Management Act; · Consideration of possible future annexation of adjacent unincorporated area; · Development regulations to implement the plan; A detailed environmental impact statement (EIS) or supplemental EIS/SEIS consistent with ESHB 1724 provisions for an Integrated GMA/SEPA Plan; Mechanisms to monitor the consequences of growth as it occurs in the plan area and provide ongoing data to update the plan and environmental analysis. The project will be jointly funded by the Growth Management Planning and Environmental Review (PER. F) Fund and Community Development Block Grant (CDBG) funds awarded to the City by the federal Department of Housing and Urban Development (DHUD). Although there may be some overlap, in general, the basic GMA plan for the business district will be funded by CDBG funds, while the GMA plan for the surrounding residential area, development regulations, SEPA activities, the poster- brochure and videotape will be funded by PERF funds. Charleston Community Plan Scope of Work II. City. Responsibilities The City of Bremerton will be responsible for preparing all deliverables set forth in Section D. below. The process and product shall be substantially consistent with the City's proposal submitted to the Department January 8, 1996 and RCW 36.70A.500. Deliverables will be provided in paper and electronic format compatible with Microsoft Word and ESRI Arclnfo as appropriate. Deliverables in videotape fbrmat will be compatible with VHS playback systems. The City shall be responsible for the following: The City will participate in meetings and/or workshops as mutually agreed upon by the City and the Department. The City will keep the Department informed at alt times of project status, including timely notification of opportunities for Departmental participation, such as meetings with staff, consultants, public, and decision-makers. The City will prepare a brief end-of-project evaluative report on what was learned about SEPA/GMA integration during this process, including: what worked; what didn't work; where is improvement, clarification, coordinantion, etc. necessary in terms of process, statues, WAC's, other agencies, etc. D. The City will prepare quarterly deliverables, as specified below: Milestone Dates for Deliverables: Milestone #1: June 30, 1996 Milestone #2: September 30, 1996 Milestone #3: December 31, 1996 Milestone #4: March 31, 1997 Milestone #5: June 30, 1997 Milestone #1 Deliverables -- June 30, 1996 1. Project Outline and Schedule The City will prepare an organizational outline and schedule for the project. The outline will describe how the project is being administered and how project objectives are being met, including: project organization, project outline, and consultant roles in the project. It will also address the coordination of PERF and CDBG funding for the project. The schedule will include a matrix showing how the SEPA process will fit into the GMA plarming program. Charleston Community Plan Scope of Work 2 Work Products: Project Outline and Schedule Milestone #2 Deliverables -- September 30, 1996 2. Public Participation Strategy The City will prepare a description of the process to be used to solicit public participation for the project. The strategy will identify key groups to be included, the role of the public, and the objectives of the public involvement process. It will address use of the legally required scoping process to provide "visioning" and expanded public participation. Work Product: Public Participation Strategy 3. Consultant Services The City will prepare and issue a Request for Proposals (RFP) to complete the SEPA work and to prepare a public information video and poster-brochure. A single consultant will be preferred, but not required. The RFP will be issued in summer 1996, ~vith the intent of signing a contract(s) by early September. Work Products: RFP and consultant contract(s) 4. Baseline Environmental Analysis The City will prepare a summary of baseline enviromnental information on existing conditions in the plan area. The summary will include a compilation of existing studies and identification of potential constraints to development. This information will be used as the background for development of alternatives and possible land uses in the plan area. Work Product: Work paper 5. Integrated Plan Outline The City will prepare an outline of the Integrated Plan. The outline will specify the mariner in which environmental review per SEPA will be integrated with the plan. Work Product: Work paper Charleston Community Plan Scope of Work Planning Assumptions The City will prepare a statement of assumptions about the planning period (assumed to be 1997-2015, consistent with the latest OFM forecasts). These assumptions will provide a consistent basis for the plan (build-out scenario, population and employment forecasts, etc.) and environmental analysis. Work Product: Work paper Milestone #3 Deliverables -- December 1996 7. Scoping Notice and Meeting The City will prepare and issue a Scoping Notice and will combine a scoping meeting with a community meeting early in the planning process. Work Product: Scoping notice and meeting summary 8. Preliminary Draft Integrated Plan The City will prepare a preliminary draft integrated plan. The draft plan will incorporate environmental review per SEPA as applicable. The draft plan will consist of plan sections prepared to date, and may be incomplete. Work Product: Preliminary draft plan 9. Conceptual Poster-Brochure The City will prepare a mock-up of the poster-brochure. It will present a conceptual scheme for the brochure, showing the general layout for the text and plan map. Work Product: Conceptual layout 10. Video Script The City will prepare a draft script outline for the public information video. The script will identify the proposed audience and outline the general form the video will take to present a summary of the plan and the streamlined permit process within the plan area. Work Product: Work paper Charleston Community Plan Scope of Work Milestone #4 Deliverables -- March 31, 1997 11. Draft Integrated Plan The City will prepare a draft integrated plan. The plan will consist of products completed for both the CDBG and PERF grants funding the project. The draft plan will incorporate environmental analysis per SEPA as applicable. The plan may include the draft regulations (see below) and streamlined development permit process. Work Product: Draft plan 12. Draft Regulations The City will prepare draft regulations, including a streamlined development permit process, to implement the plan. The form of the regulations has yet to be determined. The regulations may be folded into the plan, or may be under separate cover. Work Product: Draft regulations 13. Draft Community Plan Poster-Brochure The City will prepare a draft poster-brochure for public review. The brochure will include a summary of plan proposals and the land use plan map from the draft plan. It will also explain the streamlined development permit process for the plan area. The brochure will be available in draft form for public hearings on the plan. Work Product: Draft poster-brochure 14. Draft Community Plan Video The City will prepare a draft videotape depicting highlights of the draft plan and describing the streamlined development permit process for prospective applicants and interested citizens in the plan area. The video will be shown at public hearings on the plan. Work Product: Draft video Charleston Community Plan Scope of Work Milestone #5 Deliverables -- June 30, 1997 15. Adopted Integrated Plan and Regulations The City will publish the final Integrated Plan after adoption by the City Conncil. The plan will include environmental analysis per SEPA as applicable. Work Product: Final plan 16. Final Community Plan Poster-Brochure The City will publish the final Poster-Brochure after adoption of the Integrated Plan by the City Council. Work Product: Final poster-brochure 17. Final Community Plan Videotape The City will publish the final Videotape after adoption of the Integrated Plan by the City Council. Work Product: Final videotape III. Department Responsibilities The Department shall be responsible for the following: The Department shall provide assigned staff to monitor progress and participate in the project to the extent Departmental resources will allow and in a manner mutually agreed upon by the City and the Department. The Department may participate in the development of deliverables to assure consistency with the Department's Request for Proposals for the Planning and Environmental Review Fund grants. SCOPWORK.PRF (6/I 9/96) Charleston Community Plan Scope of Work 6 Charleston Community Plan SR-3 · · · · · · · · · · · · · · · · · · · · · · · · · · · · · PSNS CHARLESTON COMMUNI~T¥ PLAN AREA Requesting Department: CITY OF BREMERTON BUDGET ADJUSTMENT REQUEST Co~tm~nity Development SOURCE OF FUNDS: Descriotion oo1-16 333.- - - Intergovernmental Revenue Washington State CTED. Amount £40,000 USE OF FUNDS: Descriotion oo1-16 558.2016 Long Range Planning Amount $ 40,000 NARRATIVE: The City has been awarded a Planning and Enviror~nental Review Fund Grant to develop a S. pecific Area Plan for the Charleston C~[~[~unity. This grant will be matched by 1996 CDBG in t~ amount of $39,000. Department Head Signature Date C/ Director Signature Treasurer Comments: Date [~ Recommended [---] Not Recommended _~,~.~_ (_3b..~3~] ~. Treasurer's Signature[ Mayor Comments: Date [-~ Recommended ~-~ Approved Not Recommended Denied Fiscal & Budget Committee Comments: Mayor's Signature Date Recommended Approved ~ Not Recommended r-~ Denied Fiscal & Budget Committee Signature Date AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Budget Amendment: Department of Community Development Position Changes Only FOR AGENDA OF: ~ - ~ - ORIGINATING DEPT: Oept of Comm. Dev.. ORIGINATOR: D. Pratt DATE SUBMITTED: 2. CLEARANCES: (Comment on back if necessary) Director of Comm. De/~ ~{~.~_ Human Resources: [~!~ ~.~ Treasurer: / ]~--~--~ ,~-~ E. Fiscal and Budge Commi~ee: ~ ~ 3. EXHIBITS: A. Budget Adjustment B. Organization Chart DCD C. Organizational Memo Building and Code Official Job Description Building Development Penmit Mgr. Job Description Planner Job Description G. Building and Development Spec. II Job Description H. Management and Professional Staff Salary Plan ENDORSEMENT__ ,_T MAT,ON AP"ROVEDB COU.C ,DENT ORSUBM, A.: MA OR: X COUNCIL P RESIDENT - 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL A~TION: The process of reorganizing the City's permitting function requires replacing the Building and Code Official position with a more service and systems oriented position. Additionally, the Planner position in the permit process needs to be replaced with the more general and service oriented position of Building and Development Specialist II. Both these changes require budget adjustments. 8. RECOMMENDATION: I move to approve Budget Adjustment Request No.~.~ 9. RESPONSIBLE OFFICIAL: Mayorand D. Pra~ ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: PULLED TABLED COUNCIL DIRECTIVE: i0. NOTICE OFACTION APPROVED DISAPPROVED DATE: AMENDED 2. CLEARANCE COMMENTS: 5. IMPACT OF NON-PASSAGE: 1. Either a new Managerjob description will be developed o._[r a Building Official will be hired. 2. A Planner will be hired to fill the vacant Planner position in the permit process. 6. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES: All position changes carry the same personnel costs as the current positions. 7. RESEARCHSOURCES: CITY OF BREMERTON BUDGET ADJUSTMENT REQUEST Requesting Department: Community Development SOURCE OF FUNDS: oo1-16 Description No funds involved Amend organization listing. 1. Delete Building Official 2. Delete Planner Amount NARRATIVE: USE OF FUNDS: oo1-16 Oescriotion NO funds involved Add Building Development Perm/t. Manager Add Building Develo~znent Specialist It Amount ~'~e reorganization of the City Permitting process requires job descriptions which are more systems and custcmer service oriented. These two job description changes accomplish · this goal. Departmen~ Head Signature Treasurer Comments: Director Signature ate Recommended ~-] Not Recommended Mayor Comments: Treasurer's Sig natu r'~... Date /~ Recommended ~ Not Recommended , Approved ~ Denied Fiscal & Budget Committee Comments: Signature Date ~ Recommended L---] Approved Not Recommended Denied Fiscal & Budget Committee Signature Date CITY OF BREMERTON COMMUNITY DEVELOPMENT MAYOR DIRECTOR OF COlv~IUNITY DEVELOPMENT I BLDG & DEV, SPEC. BLDG. & DEV. SPEC. 1I ] BLDG. & DEV. SPEC. II I BLDG. & DEV. SPEC. 1 I BLDG. & DEV. SPEC. I 1 PLANNER, SENIOR PLANNING MAIqAGER PLANNER, SENIOR I CITY OF BREMERTON ..TME~NT: Community Development t General 001-16 DEPARTMENT FUNCTION The Department of Community Development's responsibilities include administrative support of the PlanningI Commission, development of Land Use Planning/Zoning policies, and administration of the zoning codes. The I Director of Community Development administers the Building, Land Use, and Environment Program, the Long-Range Planning Program, and the Development Program. This portion represents the administrative, Long-Range, and portions of the Development budgets of th s Department. EXPENDITURE SUMMARY 1994 1995 1996 Ending Working Capital Personnel 654,000 744,783 578,213 Supplies & Services 69,592 50,341 70,093 Capital Outlay 9,009 0 OperaUng Transfers 17,496 17,500 17,500 TOTAL 750,097 812,624 665,806 STAFFING AUTHORIZATION POSITION COMMUNITY DEVELOPMENT Dir. of Community Development Office Assistant II LONG RANGE PLANNING Planning Manager Planner Senior Planner NEIGHBORHOOD DEVELOPMENT Development Manager Sub-Total 1994 1995 1996 ACTUAL l~ ~ 1.00 1.00 1.00 2.00 1.00 1.00 1.00 1.00 1.00 2.00 1.00 1,00 1.00 0,00 0,00 0.20 0.30 0.00 7.20 4.30 4.00 BUILDING. LAND USE & ENVIRONMENT Bui~ing & Dev. Spec. I 1.00 1.50 1.80 Planner, Senior 0.00 1.00 1.00 4,00 6.50 6,80 Sub-Total CDBG ADMINISTRATION * Development Manager Project Coordinator Planner Senior Accounting Assistant St, TOTAL STAFFING 0.40 0.35 0.00 0.33 0.33 0.00 1.00 2.00 0.00 0.87 0.67 0.00 13.60 14.15 10.80 * Beginning in 1993, the City administered Kitsap County's Community Development Block Grant program under a professional services contract. Staffing for that contract which terminates 12/95 is shown here. The budget of the City's CDBG program is shown on pages 108 and 109. Department Of Community Development MEMORANDUM DATE: TO: FROM: SUBJECT: March 26, 1996 City Council Committees Donald L. Pratt, Director of Community Development ~ Preliminary Discussion on Re-organization - Building, Land-use, and Environment/DCD I. Basic Principles We Want To Implement: Organize around outcomes, not functions. Code enforcement is not the primary function of a permit - understandable, prompt decisions are. Development parallel processes, not sequential processes. Enter the system once at one place. Bring downstream information upstream. Get afl requirements and information up front. Capture information once, at the source. Do not require multiple systems for one city permit. Provide as close to a singular point of contact for the customer as possible. Give the customer a contact for afl City business for one project. Ensure a continuous flow of the primary process. Keep the process going even though one aspect slows. Depatlznent of Cornrnunify Development preiminary RecommendatiOn Bu~c~ng, Land-use, and EnvironrnenCOCO Establish clear authority and accountability within the permit process. Make clear to staff and customers who is responsible for which decision. Understand the process from the public side of the counter. Staff members work on these issues daily. Customers rarely in a life time. We need the system to be understandable to the most naive customers. II. How To Get There: Changes needed in our system. · Establish an organization designed to reflect basic principles. · Define Job Classifications to be trained for and accountable for basic principles. REMINDER: Clearances and concurrences needed to develop a project within the City of Bremerton: · Zoning Code (DCD) · Environmental Code (DCD) · Building Code (DCD) · Fire Code (Fire Dept.) · Utility Code (PW&U) · Streets Standards (PW&U) Department of Community Development preEminary Recornrnenda~on Building, Land-u~e, and Environment/DCD 111. Proposed Steps to Implement Getting There: Step #1 - Implement proper management. · Establish System CoordinatorlManager position assigned to bringing principles to the process. · Retain code authorities within system but not placing a specific code authority over the whole system. Task A: · Amend budget to reflect change in Building Official position. Step #2 - Implement proper staff job descriptions. · Assure other job descriptions within DCD - BLUE/permit system allow and are supportive of achieving basic principles. This implies a fair amount of cross-training and customer service training not present in some current job descriptions assigned to the process. Task A: . · Amend budget to reflect change in Planner position. Depertznent of Cornmunify Development PreErr~lat~ Recornrnenda~fon Bu#~ng, Land-use, and En~fronrnent~DCD )A']~C~k · r,. Step #3 - Implement support systems. · Finish implementation of a computerized system capable of micro- monitoring each permit and macro-monitoring performance of the overall system. · Provide regular reports for the status of each project and the general performance of the system. Task A: · Put all Building, Land-use, Environmental permits on the system. Step ~ - Train and implement. · Purchase outside customer service training. · Review/amend policies and procedures to reflect customer service principles and strategies. · Hire/train employees on customer service principles and strategies. · Review permit management system to determine if it is supportive of customer service principles and strategies. Department of Cornmuni~ Development PreEmina~y Recornrnenda~Jo~ Bu~ng, Land~u.~e, and Env~ronment/~CD ¢.I · Review physical environment of the permit center to determine how the setting can better support customer service principles and strategies. Step #5 - Include other Departments. Bring City departments outside DCD into the permit management system and customer service system. Task A: · Network computers to the permit management system. · Provide customer service policies/procedures and training to outside department personnel. IV. Policy Issues Involved: A. "At will" signature authority of Building Official. B. Cost C. Current Charter conflict. Building Official reports to Public Works Director. Department of Community Development pre~rninary Recommendation Building, Land-use, and Entdronrnent/DCD BREMERTON CLASSIFICATION SPECIFICATIONS February 16, 1990 TITLE: BUILDING AND CODE OFFiCiAL DEFINITION Under the general direction of a city executive, performs work necessary to the building and code enforcement requirements of the city and to the effective administrative operations of the city's building and code enforcement function. DISTINGUISHING FEATURES This is a professional building and code enforcement management classification. Work consists of continuing responsibility for implementing the city's building and code enforcement policies by personally performing and providing direction to others in executing the building and code enforcement work necessary tc multiple building and code enforcement programs/projects and fcr providing general direction over the building and code enforcement's administrative support operations. EXAMPLES OF DUTIES > Direction and Sumervision: Prepares th~ budget request and annual goals and objectives for the city's building and code enforcement function. Provides guidance and coordination for building and code enforcement staff to assure that work is progressing toward established goals. Provides general direction over general building and code enforcement office operations. Participates in the selection, training and evaluation of building and code enforcement personnel. Establishes general operating policies and procedures. Inter-aqency Coordination: Coordinates the city's building and code enforcement activity with other city departments, other local jurisdictions, regional, state and federal agencies. Maintains professional currency through professional literature and involvement in professional organizations. Ordinance Administration: Personally administers and coordinates the ordinance administration activity of building and code enforcement staff related to municipal building, zoning, engineering, utility, nuisance and other ordinances or regulations relating to the safety, health and welfare of the public. Researches problems and complaints regarding commercial and residential code compliance. Interprets, applies provisions, documents and processes actions in conformance with regulatory requirements. Coordinates work on appeals with the City Attorney. Prepares. the detailed language and provisions of changes to ordinances and processes to enactment. BREMERTON February 16, 1990 CLASSIFICATION SPECIFICATIONS Page 2 EXAMPLES OF DUTIES (Continued) Proposed Proiects: Coordinates all building and code enforcement work connected with proposed projects. Reviews and analyzes project plans for conformance with city, local, regional, state and federal requirements. Approves or denies permits, conducts inspections, issues work correction or stop notices, determines which legal and regulatory procedures apply to the project and provides professional building and code enforcement advice and assistance to project applicants, concerned members of the community, reviewing bodies and agencies. Prepares written reports with supplemental graphics and makes recommendations necessary to the processing of project proposals for approval or denial. Records: Provides general direction to the maintenance of current building and code enforcement records related to various activities such as: permits, inspections, notices, code interpretations, fees, etc. General: Represents the city at public and non-public meetings of public or private officials and governmental bodies involved in the city's building and code enforcement programs. ~. Compiles and prepares reports on building and code enforcement o~erations necessary to effective monitoring. Conducts special studies or surveys and prepares associated reports as needed to evaluate specific issues. Makes oral public presentations before bodies such as the City Council. Provides information to members of the public and other persons on building and code enforcement policies, regulations, etc. Receives, investigates and responds to complaints connected with building and code enforcement operations or personnel. Meets with community groups on building and code enforcement activities. Performs other assigned work which is consistent with the scope of the responsibilities of the position. Knowledge of: QUALIFICATIONS Principles, practices and methods of municipal building and code enforcement technical and support functions Fundamental intent and basic provisions of state and federal legislative building and code enforcement enactments All types of building construction, materials and methods and of construction stages BREMERTON February 16, 1990 CLASSIFICATION SPECIFICATIONS Page 3 QUALIFiCATiONS (Continued) Ability to: Evaluate/plan and direct building and code enforcement operations/staff Analyze complex situations and information, formulate alternative courses of action Provide verbal and written information and advice to a wide variety of people and officials Guide events toward accomplishment of goals Enforce ordinances and regulations firmly, tactfully, and impartially Education: Graduation from college with degree in civil or mechanical engineering or a closely related field Experience: Three years of full time increasingly responsible professional building and code enforcement work including at least two years of supervisory experience Other combinations of education and experience which provide the necessary knowledge and abilities may qualify. > Required License: Valid Washing'ton State driver's license Required Certification: International Conference of Examiner or Inspector Certification Building Officials Plans CLASSIFICATION SPECIFICATION JOB TITLE: BUILDING DEVELOPMENT PERMIT MANAGER MAY 1996 GENERAL FUNCTION Under general direction; manages, directs, plans and coordinates the City's development permit system in a manner consistent with good customer service. Administers and has signature authority for all building codes as assigned. REPRESENTATIVE ESSENTIAL DUTI3ES Manage assigned operations to achieve objectives within budgeted funds and available personnel, plan and organizes workload and staff assignments, review progress, directs changes in priorities and schedules as needed. Develops, monitors and modifies, as necessary, a system to issue ail applicable development permits within the City. Recommends, establishes and implements Citywide customer service oriented policies, procedures, and standards for the efficient and effective operation and maintenance of assigned programs. Explains and interprets all applicable codes to architects, engineers, building contractors, property owners and others. Suggests design changes to assure code compliance. Exercises signature authority for assigned building codes in approving or disapproving commercial and residential construction. Identifies training needs of all City staff involved in development permit processing; recommends, coordinates and/or conducts necessary training. Prepares division budget based on objective, staffing and resources. Monitors and documents division expenditures. Assists in the preparation of the department's annual budget. Directs the resolution of problems or emergencies affecting availability or quality of customer services. Personally 'responds to the most sensitive or complex public inquiries or service complaints. Prepares necessary correspondence, notices, reports, records and other necessary documents. Perform related duties as assigned. BLrtl'.DING DEVELOPMENT PERMrr MANAGER Page Two WORKING CONDITIONS Work is generally conducted in an office setting. Occasional field inspections and/or meetings are required with exposure to traffic, weather conditions, irregular terrain and obstacles commonly found at construction sites. REQUIRED QIJALn~ICATIONS SKILLS, KNOWLEDGE AND ABILITIES Good skills in the use of computers and related equipment. Good skills in making presentations to various audiences. Skill in working in a political environment. Good knowledge of all aspects of the permit process, with emphasis on codes related to building construction, materials, methods and the stages of construction. Good knowledge of communication principles, methods, strategies and techniques. Good knowledge of computer operation as it applies to the permit process. Knowledge of applicable federal, state, local laws, the functioning of local government and the political process. Knowledge of management principles, including team, coaching, training and motivational techniques. Ability to work in an understanding manner with diverse individuals and/or groups advocating various points of view and agendas. Ability to resolve conflict, make decisions, solve problems, collaborate and negotiate, both within and outside the City's organization. Ability to analyze and evaluate operations and develop and implement corrective action to resolve problems. Ability to set objectives, influence and motivate staffand others. B/III,DING DEVELOPMENT PEKMIT MANAGER Page Three Ability to listen effectively. Ability to utilize computer technology to improve the City's permit process. QUALIFYING EXPERIENCE AND EDUCATION Any combination equivalent to: College level work in a public administration related field, I.C.B.O. certification in Building Inspector and Plans Examiner, plus three years experience in the construction or development field and three years of supervisor experience. LEGAL AND REGULATORY EMPLOYMENT CONDITIONS FAIR LABOR STANDARDS ACT: The classification is exempt under the laws of Fair Labor Standards Act minimum wage and overtime provisions. REPRESENTATION: The classification is not included in the bargaining unit. CIVIL SERVICE: The classification is not included in the City's Civil Service System. APPROVALS: Human Resources Manager President, City Council Date: Date: cITY OF CLASSIFICATION DESCRIPTION Class Cod~: 2201 ~ Grade: 13 JOB TITLE: planner DEPARII~SNT: plannir~ REPORTS TO: V~rious DATE: Jun~, 1986 p~c~iVeS, evaluates and processes land use applications ~d ~mandments to cirf zonir~ ordinance in accordance with established Pr~mes' R~searches, develops, snd implements plannir~ s~W~ies, repo_ rts 8rzt rec~mm~ndations '~rtsir~ir~ to l~r~l ~ ~ envirorsm~nt~ impa_ ct. EX~_aS ~ JOB ~TIES. 1. R~views lsm~l use applications and site pl~ for ~li~ wi~ 1~ ~ state ~atio~ ~ pl~. ~to~ ~i~ 1~ ~ ~li~- ti~ ~h ~ ~ ~tion s~, ~1~ ~ pre~L~ ~ti~ ~lat~ ~ ~ ~r~. pl~ s~a~ ~ ~r~ wi~ o~r ci~ ~u~, ~lic ~r~, ~k, fi~, ~li~, ~ f~, stmte ~ o~r S. ~ pl~ r~r~ ~TM ~ti~ ~ ~rt~ for ~ ~ ~i~ to pl~ ~i~ a Ci~ ~cil. ~~tio~ ~or ~t~ or ~is~ l~ l~islation ~ pl~, proj~ t~, ~tor~ s~i~c c~, or ~o~ ~ ~lic. 5. ~i~ ~o~ti~ ~o p~r~ ~, ~to~, re~ ~tmte ~l~ ~ o~ ~te~t~ ~ti~ ~r~ to l~ ~li~ti~, o~' ~ ~ ~lmt~ pl~ ~isi~ ~f~ ci~ pl~. 7. Att~ ~ ~ p~ti~ to ~ Pi~ c~i~, Ci~ ~il 0205:1S.1 Planner City of Bremerton Pmg~ 2 8e Attends city, federal, state, and local area planning meetirz3s relative to planndr~ assignmants to review and coord/nate develo.um~_nt and planning activities. 9. Pre_meres 9z-~phics and maps for written rt~po~ rts and presentations; ~in- tmJms rezone map files. 10. Performs research, data collection, and r_eport writing for ad~-anced ii. Perfoz~ns other related duties as assigned. Positions ~igr~d to the Planner classification are dist~sh~d frcrn the Senior Planner clm~ification by a lesser degree of respo_ nsibilit7 for supervision and t_he design, implenentation, e~a~uation of la~d use plans. Work is performed primarily in an office environment, but also requ/_ ~res driving to ~tir~J~ ~ ~ site visits. Atter~b~nce at m~etir~s may KnoNled9~ of principles, practices, regulations, ~ techn/quas in the field of municipal land use plannirz3. Kno~leckje of research methods and ability to compile s_nd analyze originsd data. Basic knowledge of c~rtcgraphy and graphic design. Ability to write clear and concise re_~0rts and plans. Ability to organize ar~ p~rticipate in public meetings and commu~/cate Jd~s effectively. Ability to establish and m~ntain effective ~0rkirz3 relations with public officials, planning st~f, the develo_~r~_nt C~u, udr~ty and citize_~. 0205:1S.2 Planner Cit~ of Br~merton P~ge 3 Bachelor of Arts degree in plmurdng or a related field such as gec~phy, econom/cs, political science or envirom~ntal studies, or any combination of expe_ rience ~ e~tion WgLich provide~ the ~t:plicant witZ~ ~ desired skills, kncgled~e ~nd ~bility requi_ 'red to perform the job. Valid W~sb_~on State driver's license. 0205:1S.3 Class Code: 2300 'Wage Grade: CITY OF BREMERTON CLASSIFICATION DESCRIPTION JOB TITLE: Building Specialist II (Permit Technician/Plans Examiner) REPORTS TO: Building O~cial DEPARTMENT: Building DATE: August, 1992 GENERAL FUNCTION: ReceDes, evaluates and processes building, mechanical, and plmmbing permit applications, in accordance with established procedures. Coordinates the application and plan review process. Assists in plan review process. Coordinates complaint inspection process. Maintains related records and reports. EXAMPLES OF 1OB DUTIES: Accepts permit applications from the public and reviews to ensure conformance with local and state regulations. Organizes pre-application conferences with architects, engineers, and City departments involved irk the application procexs._ Coordinates processing of build.lng permit applications with other city departments, including engineering, f~re, utilities, planning, traffic., and outside agencies including health department and liquor control board az required. Monitors the review process by routing applications and plans; tracks applications through the approval process and expedites approval of permit applications as necessary. Verifies application's adherence to land use and building codes. Coordinates and performs Building Department plan review procexs with the assistance of other Building and Planning Department personnel to verify compliance with all applic.-zble codes, including Uniform Building, Plumbing and Mecha2ical Cod~, W=hington State Barrier-Free Standards, and Bremerton Zoning Ordinance. Informs applicants of deficiencies in plans, or of denial of permit and possible solutions. 4. Performs Washington Stare Energy Code plan review and provides guidance to applicants in complylng with thc Energy Code. 5. Prepares statistical reports to project =ends ofbuilding permit applications for submittal to City Council, state and federal agencies, or the public. 6. Calculates and advises applicants of permit fees due and proper payment procedure; collects receipts and deposits funds collected. 7. Issues permits onc~ application h~ rec~Ned all required revi~vs amd approYa~, and ail nect~sa_V documents are signed or posted. Informs applicants of conditions plac~d on permits and inspections required. 8. Prepares and distributes statistical reports of monthJy, quarterly and yearly permit activity; prepares and maintains permit files and other records. Provides information to property owners, investors, real estate developers and other interested pardes pe~'raining to building permit applications, ordinances, codes and related building information. 10 Composes letters and reports as needed. Collects, interprets and prepares reports and recommendations to CityAttorney for citadons and court acdons. Prepares abatement nodces for building code violations. 1 i. Schedules, attends, and makes presentations to Board of Appeals for building code violation appeals, and acts as secretary. . 12. Attends state and local building code update meedngs and training sessions reladve to code interpretation and changes. 13. Performs other related work as assigned. Performs building inspections as required._ WORKING CONDITIONS: Work is performed while standing or sitdng in an office environment. DESIRABLE SKILLS, KNOWLEDGE AND ABILITIES Knov~ledge of terminology and codes related to the building trades. Ability to ant, vet building, mechanical, plumbing and energy code queifions for applicants and the general public. Ability to perform plan review ftmcdon. Knowledge of Brcmerton Municipal Code. Familiarity with Uniform Code for thc Abatement of Dangerous Buildings and Brcmcrton Housing Code. Ability to refer complainants to dcparrarnent or agency having jurisdiction. · Ability to prepare and maintain correspondence, files, reports, and stadsdcal information. Ability to operate standard office equipment, including word processor, typewriter and adding machine. Knowledge of numerous software programs for personal computers, including Word Perfect, Lotus 1-2-3, Microsoft Word, Microsoft Windows, Ha_ward Graphics. Ability to learn and operate City's permit tracking system. Ability to work 'with City's Information Services Dep~rtment to correct deficiencies in tracking system. Ability to troubleshoot tracking vystem problems. Ability to .read, interpret, and apply work-related cedes, ordinances, legal property descriptions, and other regulations and guidelines governing the building permit process. Ability' to work independently with minimal supervision. Ability to work effectively under stress and to meet d¢=dlines az required. Ability ro communicate effectively, both verbally and in writing. Ability to follow verbal ~nd written instructions. · Ability to read and interpret maps, drawings, and blueprints. Ability to maintain effective working relafionsbSps with building owners, arckirects, contractor~ and the general public. :~DUCATION AND EXPERIENCE ligh School diploma or G.E.D., completion of ceurse in the Uniform Building Code or . f~tce 'management from an accredited two (2) year cellege, or any combinadon of :xperlcnce and education 'wkich provides the applicant with the desired skil.ks, knowledge ad ability required to perform the work- Must be an International Conference of Building O~cials certified building inspector or ~lans examiner within one (1) year from hiring. Must possess a valid Washington State driver's license. CITY OF BREMERTON MANAGEMENT AND PROFESSIONAL STAFF SALARY PLAN APPENDIX A Fire Chief 'olice Chief 2 Dir, Admin S~rv/City Clerk APPROX MO 4,87? 5,124 5,252 5,383 5,518 5,656 5,797 5,942 ACTUAL BI-M 2,438.44 2,561.88 2,625.95 2,691.59 2,758.86 2,827.85 2,898.54 ~,971.0~ 3 City Engineer APPROX MO 4,642 4,877 4,999 5,124 5,252 5,383 5,518 5,656 Dir, Comm Development ACTUAL BI-M 2,320.94 2,438.44 2,499.40 2,561.88 2,625.95 2,691.59 2,758.86 2,827.85 Dir, Parks & Recreation 4 Assistant Fire Chief APPROX MO 4,418 4,642 4,758 4,877 4,999 5,124 5,252 5,383 Ciiy Treasurer ACTUAL BI-M 2,209.11 2,320.94 2,378.96 2.438.44 2.499.40 2.561.88 2.625.95 2.691.59 ACTUAL BI-M 2,102.66 2,509.11 2,264.34 2.320.94 2.378.96 2.438.44 2.499.40 2.561.88 6 il~idl~p~imttM~d~g~ APPROX MO 4,003 4,205 4,310 4,418 4,529 4,642 4,758 4,877 Development Maniger ACTUAL BI-M 2,001.34 2,102.66 2,155.23 2,209.11 2,264.34 2,320.94 2,378.96 2,438.44 Forestry Manager Planning Manager Project Manager Public Works Opms. Mgr. ~nior Engineer Utility Operations Manager ?olice Community Res. Mgr WWTP Manager Pumh Supv/Dep C.CIk HUMAN RESOURCES DEPARTMENT Mary Blanchard Barbara Forbes Jim Meith Virginia Schneider 239 4th Street · Bremerton, WA 98337 · (360) 478-5283 · FAX (360) 478-5161 May 29, 1996 Mr. Doug Bush General Teamsters' Local 589 P.O. Box 5000 Bremerton, WA 98312 RE: New Classification Dear Doug: In accordance with Article 2.4 of the Labor Agreement, I am notifying you of the creation of the new classification of Building Development Permit Manager (see attachment). The classification will replace the Building Official classification. It is proposed that the classification be exempt fi.om the bargaining unit. If you have any questions or wish to discuss this matter, please call. Sincerely, ces Manager cc: Don Pratt, Director of Community Development Mayor Horton Enc.: as cited Equal Opportunity Employer JOB TITLE= CLASSIFICATION SPECIFICATION BUILDING Dh¥~LOPMENT PERMIT MANAGER MAY 1996 GENERAL FUNCTION Under general direction; manages, directs, plans and coordinates the City's development permit system in a manner consistent with good customer service. Administers and has signature authority for all building codes as assigned. REPRESENTATIVE ESSENTIAL DUTIES Manage assigned operations to achieve objectives within budgeted funds and available personnel, plan and organizes workload and staff assignments, review progress, directs changes in priorities and schedules as needed. Develops, monitors and modifies, as necessary, a system to issue all applicable development permits within the City. Recommends, establishes and implements Citywide customer service oriented policies, procedures, and standards for the efficient and effective operation and maintenance of assigned programs. Explains and interprets all applicable codes to architects, engineers, building contractors, property owners and others. Suggests design changes to assure code compliance. Exercises signature authority for assigned building codes in approving or disapproving commercial and residential construction. Identifies training needs of all City staff involved in development permit processing; recommends, coordinates and/or conducts necessary training. Prepares division budget based on objectives, staffing and resources. Monitors and documents division expenditures. Assists in the preparation of the department's annual budget. Directs the resolution of problems or emergencies affecting availability or quality of customer services. Personally responds to the most sensitive or complex public inquiries or service complaints. Prepares necessary correspondence, notices, reports, records and other necessary documents. Perform related duties as required. BUILDING DEVELOPMENT PERMIT MANAGER Page Two WORKING CONDITIONS Work is generally conducted in an office setting. Occasional field inspections and/or meetings are required with exposure to traffic, weather conditions, irregular terrain and obstacles common found at construction sites. REQUIRED QUALIFICATIONS SKILLS, KNOWLEDGE AND ABILITIES Good skills in the use of computers and related equipment. Good skills in making presentations to various audiences. Skill in working in a political environment. Good knowledge of all aspects of the permit process, with emphasis on codes related to building construction, materials, methods and the stages of construction. Good knowledge of communication principles, methods, strategies and techniques. Good knowledge of computer operation as it applies to the permit process. Knowledge of applicable federal, state, local laws, the functioning of local government and the political process. Knowledge of management principles, including team, coaching, training and motivational techniques. Ability to work in an understanding manner with diverse individuals and/or groups advocating various points of view and agendas. Ability to resolve conflict, make decisions, solve problems, collaborate and negotiate, both within and outside the City's organization. Ability to analyze and evaluate operations and develop and implement corrective action to resolve problems. Ability to set objectives, influence and motivate staff and others. BUILDING DEVELOPMENT PERMIT MANAGER Page Three Ability to listen effectively. Ability to utilize computer technology to improve the City's permit process. QUALIFYING EXPERIENCE AND EDUCATION Any combination equivalent to: College level course work in a pubic administration related field, I.C.B.O. certification in Building Inspector and Plans Examiner, plus three years experience in the construction or developmen~ field and three years of supervisory experience. LEGAL AND REGULATORY EMPLOYMENT CONDITIONS FAIR LABOR STANDARDS ACT: The classification is exempt under the laws of Fair Labor Standards Act minimum wage and overtime provisions. REPRESENTATION: The classification is not included in the bargaining unit. CIVIL SERVICE: The classification is not included in the City's Civil Service System. AGENDA BILL BREMERTON CITY COUNCIL 1. ~J/tkJ_F~g=~l ORDINANCE NO. ~/%-~ FINAL ASSESSMENT ROLL FOR - U.L.I.D. 327 KITSAP LAKE SEWER ~nt on back Dir~o~. ~fubllc Wot' f-r~/-~ ~' ~"~'-~-- ks & Utilities City Treasurer N/A Council Operations Committee N/A Council Fiscal & Budget Committee FOR AGENDA OF: ORIGINATING DEPT: ORIGINATOR: DATE SUBMITTED: 3. EXHIBITS: June 12, 1996 Public Works & Utils R. Witt, City En~ May 28, 1996 1. Ord. # Final Assessment Roll 2. Ord. #4450 Establishing L.I.D. 3. Assessment Roll 4. Assessment Map 5. Engineer's Certification of Assessment Roll ENDORSEMENT~'z INFORMATION [] APPROVED BY COUNCIL 3~[DENT FOR SUBMITTAL: 00 C L PRESIDENT 4. SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIL A~N: At the City Council meeting of May 15,1996, the City Council passed Resolution No. 2546 setting June 12, 1996 as the hearing date for the final assessment on Utility Local Improvement District No. 327. Ordinance 4450 was passed by City Council on March 16, 1994 establishing U.L.I.D. No. 327. The improvements generally consist of the extension of sanitary sewer on Northlake Way and Kitsap Lake Road. The value of the Final Assessment Roll is $349,243.23. (Continued of Page 2.) 5. R E T : S~cU~ __ · The City Council pass Ordinance No.~/~g~/confirming the Assessment Roll for Utility Local Improvement District 327. PULLED [1 TABLED [] COUNCIL DIRECTIVE: 10. APPROVED [] RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPII~ATION DATE: REVIEW DATE: NOTICE OF ACTION Director Pub Wks & Util Director Pub Wks & Util DISAPPROVED [] AMENDED lSA 11. AGENDA BILL NO.: (OVER) 2 o CLEAP3kNCE COMMENTS 3. SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIL ACTION - Continuation The action before the City Council is a public hearing, during which time the Council will sit as a Board of Equalization for the purpose of considering the Assessment Roi1. During the hearing, the Council will consider the objections made and will revise, raise, lower, change or modify the Assessment Roll or any part thereof, or set aside the Assessment Roll and order the assessment be made De Novo. Following the hearing, the Council shall confirm the Assessment Roll by Ordinance. Ail persons who desire to object to the Assessment Roll must make their objections in writing and file them with the City Clerk at or prior to the date fixed for the hearing. 5. IMPACT ON NON-PASSAGE: The assessments to the property owners will not be collected and the City will fund the entire project. 6. IMPACT ON STAFFING. BUDGETS, FACILITIES, EOUIPMENT AND OTHER RESOURCES: $_~qu~g: No Impact. Budget: No Impact. Facilities/Equipment: No impact. 7. gESEARCH SOURCES: ORDINANCE NO. d//~-~d-P AN ORDINANCE adopting and confirming the assessment roll for Utility Local Improvement District No. 327 providing for the improvements by extension of sanitary sewer in Northlake Way and Kitsap Lake Road as described in Ordinance 4450 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 Utility Local Improvement District No. 32'7 providing for the improvement by extension of sanitary sewer in said Northlake Way and Kitsap Lake Road, 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. 4450; the same is hereby approved and confirmed. Section :~. That each parcel and lot of land or part thereof, as shown in said assessment roll is specially benefited 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, and the respective amounts in said roll set against each parcel and lot of land or part thereof and other property as determined per lot 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 (1:5) 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 1 amount of assessment due, and of the time during which such assessment may be paid without penalty, interest or costs. 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 years, at a rate of % 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 for 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 Passed by the City Council of the City of Bremerton this __ day of ,1996. ,1996. Approved this __ day of ,1996. JOHN LAW, Council President ATTEST: KATHLEEN L. MCCLUSKEY, City Clerk LYNN S. HORTON, Mayor 2 ORDINANCE NO. ~L~'~ AN ORDINANCE ordering the West Kitsap L~e Road Sewer Extension Project all in accordance with Resolution No. 2459 of the City Council; establishing Utility Local Improvement District No. 327; ordering the can'ying 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. 2459 adopted February 16, 1994, the City Council declared its intention to order the improvement of West Kitsap Lake Road and Northlake Way, and fixed March 9, 1994, 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 expense of the proposed improvement together with improvement, caused an estimate to be made of the cost and and certified that estimate to the City Council, all papers and information in his possession touching the proposed 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 K. Lake2.l-M - Disk 2 - 3/9/94 mentioned, and all objections to the proposed improvement were duly considered by the City Council, and all persons appearing at such hearin~ 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 utility local improvement district be created in connection therewith; NOW, THEREFORE, THE CITY OF BRF_3qF, RTON DOES HEREBY ORDAIN: Section 1. That the area described as: Beginning at a point 75 feet east of the Northwest comer of lot 10, in Lake Kitsap Summer Homes, as recorded in Vol. 3 of Plats pg. 94, Records of Kitsap County, Washington; thence South to the south margin of Northlake Way and the TPOB: thence westerly along said south margin and continuing northwesterly along the westerly margin of said Northlake Way to the east margin of Leber Road; thence south along the east margin of Leber Rd to its intersection with the west line of Section 8, T24N, R1E, W.M.;thence south along said west line to the easterly margin of the United States Railroad right- of-way; thence southerly along said right-of-way to a point 510.6 feet north of the center of Section 17, T24N, RiE, W.M.; thence east parallel to the center of said section 17 to the shoreline of Kitsap Lake; thence following said shoreline northerly to its intersection with a point on the south line of said lot 10 said point being 50 feet east of the west line of the east 1/2 of said Lot 10; thence Nl°28'33"E95 feet; thence northwesterly along a straight line to a point 151 feet north and 45 feet east of the southwest comer of said east i/2; thence northwesterly along a straight line to a point 193 feet north and 40 feet east of the southwest comer of said 1/2; thence west 15 feet; thence Nl°28'33"Ealong a line 25 feet east, measured at right angles form the west line of said east 1/2 to the TPOB. EXCEPT: That portion of the North 33.08 feet of Govt. Lot I, Section 17, T24N, R1E, W.M. lying west of the west margin of West Kitsap Lake Road. be improved by the construction of necessary sewer system, together with the doing of any and all other work in connection therewith as may be necessary to make such improvement a complete job. K-Lak¢2.LM- Diak 2 - 3t9/94 All of the foregoing shall be in accordance with the plans and specifications therefor prepared by the City Engineer, and may be modifi~ 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. Section 3. That there is hereby established and created a utility local improvement district, Utility Local Improvement District No. 327. 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 $624,800 of which $300,000 of that cost shall be paid from the City's wastewater 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 lot method of computing assessments may be deemed to fairly reflect the special benefits to the proper'des 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 K-Lak¢2.LM - Disk 2 - 3/9/94 3 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 I~istrict 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 locad improvement assessments against the properties affected by the local improvement. 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), shall be included in the costs to be assessed against the properties Section 9. This ordinance publication. in the utility local improvement district. shall become effective ten (10) days from passage and APPROVED by the City Council of the City of Bremerton this (~;P/~ day of /~4~7r~ ,1994. PASSED by the City Council of the City of Bremerton this //,~,l~ day of 1994. APPROVED EILEEN FITZ, Cou/ncil'"~rresident this ~2 I day of \%;~c,..,,.c~,_.. , 1994. LYNN HORTON, Mayor K-Lak¢2.LM - Disk 2 - 319194 4 <37 EFFECTIVE DATE ~- ~ f- 9~_ PUBLICATIOI',~ DATE ~-/:] - ~ . ORDINANCE NUMBER -~'~.~'-~ KITSAP LAKE SEWER U.L.I.D. 327 FINAL ASSESSMENT ROLL 2 3 4 7 ROBERT GRIFFITH 4823 N LEBER LN BREMERTON, WA 98312 DAVID 8,: ALICE VIERA 4847 NW LEBER LM BREMERTON, WA 98312 PATRICIA HOXER 1903 KITSAP LAKE RD NW BREMERTON, WA 98312 MARK MORGAN 1893 KITSAP LAKE RD NW BREMERTON, WA 98312 CLIMUTH E & IRENE E FROST 4035 NW COUNTRY LN BREMERTON, WA 98312 RONALD A RALSTIN 1839 NORTHLAKE WAY NW BREMERTON, WA 98312 STEPHEN MARTZ 1721 KITSAP LAKE RD NW BREMERTON, WA 98312 082401-3-197-2006 082401-3-215-2004 082401-3-130-2006 082401-3-131-2005 082401-3-132-2004 082401-3-133-2003 082401-3-134-2002 $ 4,517.19 $ 4,517.19 $ 4,517.19 $ 4,517.19 $ 4,517.19 $ 4,517.19 $ 4,5t7.19 9 10 11 12 13 14 15 16 REX E 8,: CAROL J TAUSCHER & DANIEL & TANDIE STEINMETZER 10808 WEST OLD BELFAIR HWY BREMERTON, WA 98312 SHARON STONE 4071 SEABECK HWY NW BREMERTON, WA 98312 RICHARD BUTLER P O BOX 1447 SILVERDALE WA 98383 DIANE M HARLOW 1833 KITSAP LAKE RD NW BREMERTON, WA 98312 G O & LINDA MCCLINTOCK 1823 KITSAP LAKE RD NW BREMERTON, WA 98312 NORMAN M KINDT 2622 HILTOP LANE NW BREMERTON, WA 98312 SHARON Y STONE 4071 SEABECK HWY NW BREMERTON, WA 98312 MICHAEL A PETROWSKI 9960 SILVERDALE WAY SILVERDALE WA 98383 MICHAEL A PETROWSKI 9960 SILVERDALE WAY SILVERDALE WA 98383 082401-3-129-2009 082401-3-128-2000 082401-3-135-2001 082401-3-136-2000 082401-3-137-2009 082401-3-185-2000 082401-3-124-2004 082401-3-175-2002 082401-3-138-2008 $ 4,517.19 $ 4,517.19 $ 5,083.12 $ 4,517.19 $ 4,517.19 $ 4,517.19 $ 4,517.19 $ 4,517.19 $ 4,517.19 17 18 19 2O 21 22 23 24 25 26 JACK LEFCOSKI 1700 KITSAP LAKE RD NW BREMERTON, WA 98312 JACK LEFCOSKI 1700 KITSAP LAKE RD NW BREMERTON, WA 98312 MICHAEL & SHERLE PAPPAS 1718 KITSAP LAKE RD NW BREMERTON, WA 98312 MARK & RUTH KUHLMAN 1748 KITSAP LAKE RD NW BREMERTON, WA 98312 JAMES PAPPAS JR 1746 KITSAP LAKE RD NW BREMERTON, WA 98312 GLEN P BRAMWELL 16604 NE 145TH WOODINVILLE WA 98072 GEORGENEA INGRAM 1661 NORTHLAKE WAY NW BREMERTON, WA 98312 J F MITCHELL P O BOX 4447 BREMERTON, WA 98312 GEORGE H LAWTON 1651 NORTHLAKE WAY ;REMERTON, WA 98312 ~UN S HONG 18035 14THNW SEATTLE, WA 98177 082401-3-212-2007 $ 082401-3-213-2006 082401-3-140-2004 082401-3-141-2003 082401-3-142-2002 082401-3-193-2000 082401-3-145-2009 082401-3-146-2008 082401-3-147-2007 3765-000-012-0005 4,517.19 4,517.19 4,517.19 4,517.19 4,517.19 4,517.19 4,517.19 4,517.19 4,517.19 4,517.19 27 28 29 30 31 32 33 34 35 36 EDWARD JR & MAURENE HEUSS 1573 NORTHLAKE WAY NW BREMERTON, WA 98312 LORETTA M GEER 1561 N LAKE WAY BREMERTON, WA 98312 DIANE SCHWOCH 1525 NORTHLAKE WAY NW BREMERTON, WA 98312 CITY OF BREMERTON UTILITIES DIV. KEVIN HAUGEN & JENNIE BLAIR 1565 KITSAP LAKE RD NW BREMERTON, WA 98312 RICHARD DUNLAP 1630 KITSAP LAKE RD NW BREMERTON, WA 98312 ROGER HUDSON & DEBRA KURRE 1610 KITSAP LAKE RD NW BREMERTON, WA 98312 JACQUALINE R WILSON 1611 KITSAP LAKE RD NW BREMERTON, WA 98312 ROGER HUDSON & DEBRA KURRE 1580 KITSAP LAKE RD NW BREMERTON, WA 98312 ROGER HUDSON & DEBRA KURRE 1580 KITSAP LAKE RD NW BREMERTON, WA 98312 3765-000-011-0006 3765-000-010-0007 3765-000-010-0106 172401-2-049-2007 172401-2-048-2008 172401-2-002-2002 172401-2-003-2001 172401-2-047-2009 172401-2-066-2005 172401-2-064-2007 $ 4,517.19 $ 4,517.19 $ 4,517.19 $ 4,517.19 $ 5,370.86 $ 4,517.19 $ 4,517.19 $ 4,517.19 $ 4,517.19 37 38 39 40 41 42 43 44 45 ROGER HUDSON & DEBRA KURRE 1580 KITSAP LAKE RD NW BREMERTON, WA 98312 LEWIS E & JESSIE E WHITE 1544 KITSAP LAKE RD NW BREMERTON, WA 98312 ROBERT J GORDON 1540 KITSAP LAKE RD NW BREMERTON, WA 98312 STEPHEN L GORDON 1518 KITSAP LAKE RD NW BREMERTON, WA 98312 JAMES H FISH 1547 KITSAP LAKE RD NW BREMERTON, WA 98312 MYRNA L PETERSON 1533 KITSAP LAKE RD NW BREMERTON, WA 98312 NAVY YARD BIBLE CHURCH 3648 F ST BREMERTON, WA 98312 KIM A TOPP 1503 KITSAP LAKE RD NW BREMERTON, WA 98312 LARRY S CONTI 1484 KITSAP LAKE RD NW BREMERTON, WA 98312 172401-2-065-2006 172401-2-005-2009 172401-2-006-2008 172401-2-007-2007 172401-2-046-2000 172401-2-045-2001 172401-2-008-2006 172401-2-058-2005 172401-2-060-2001 $ 4,517.19 $ 4,517.19 $ 4,517.19 $ 4,517.19 $ 4,517.19 $ 4,517.19 $ 4,517.19 $ 4,517.19 $ 4,517.19 46 47 48 49 50 51 52 53 54 55 LARRY S CONTI 1484 KITSAP LAKE RD NW BREMERTON, WA 98312 LARRY S CONTI 1484 KITSAP LAKE RD NW BREMERTON, WA 98312 LARRY $ CONTI 1484 KITSAP LAKE RD NW BREMERTON, WA 98312 GEORGE DASHO 1471 KITSAP LAKE RD NW BREMERTON WA 98312 GEORGE DASHO 1471 KITSAP LAKE RD NW BREMERTON WA 98312 LEONARD E & MARY A CLICK 1437 KITSAP LAKE RD NW BREMERTON WA 98312 MICHAEL J MCKINNEY i1416 KITSAP LAKE RD NW BREMERTON WA 98312 MICHAEL J MCKINNEY 1416 KITSAP LAKE RD NW BREMERTON WA 98312 JOE ROSTAD 1408 KITSAP LAKE RD NW BREMERTON. WA 98312 J & C POLLAK 1417 KITSAP LAKE RD NW BREMERTON, WA 98312 172401-2-061-2000 172401-2-062-2009 172401-2-063-2008 172401-2-055-2008 172401-2-056-2007 172401-2-013-2009 172401-2-012-2000 172401-2-054-2009 172401-2-014-2008 172401-2-017-2005 $ 4,517.19 $ 4,517.19 $ 4,517.19 $ 4,517.19 $ 4,517.19 $ 4,517.19 $ 4,517.19 $ 4,517.19 $ 4,517.19 $ 4,517.19 56 57 58 59 60 61 62 63 64 BREMERTON, WA 98310 STEPHEN MARCHARIK 1356 KITSAP LAKE RD NW BREMERTON, WA 98312 WILLIAM VONESSEN 1346 KITSAP LAKE RD NW BREMERTON, WA 98312 JEROME R MEARS 1345 KITSAP LAKE RD NW BREMERTON, WA 98312 TERRY M & SHEILA SCATENA 1237 KITSAP LAKE RD NW BREMERTON, WA 98312 HERBERT O CAMM 1310 KITSAP LAKE RD NW BREMERTON, WA 98312 DONALD FINGARSON 1278 KITSAP LAKE RD NW BREMERTON, WA 98312 TERRY M & SHEILA SCATENA 1237 KITSAP LAKE RD NW BREMERTON, WA 98312 TERRY M & SHEILA SCATENA 1237 KITSAP LAKE RD NW BREMERTON, WA 98312 172401-2-016-2006 172401-2-015-2007 172401-2~019-2003 172401-2-018-2004 172401-2-042-2004 172401-2-020-2000 172401-2-021-2009 172401-2-041-2005 172401-2-023-2007 $ 4,517.19 $ 4,517.19 $ 4,517.19 $ 4,517.19 $ 4,517.19 $ 4,517.19 $ 4,517.19 $ 4,517.19 $ 4,517.19 65 66 67 68 69 70 71 72 73 74 PATRICIA A SEAMANS 1270 KITSAP LAKE RD NW BREMERTON, WA 983 ! 2 GERALD CAROLLO 1218 KITSAP LAKE RD NW BREMERTON, WA 98312 L MACINTYRE 1207 KITSAP LAKE RD NW BREMERTON, WA 98312 JEFFERY & SHANNON LEWIS 1187 KITSAP LAKE RD NW BREMERTON, WA 98312 WAYNE & EVELYN STEWART 1186 KITSAP LAKE RD NW BREMERTON, WA 98312 LARRY A & SUZANNE DECK 1180 KITSAP LAKE RD NW BREMERTON, WA 98312 ROBERT J SPRENG 1175 KITSAP LAKE RD NW BREMERTON, WA 98312 DARRELL T INGRAM 1151 KITSAP LAKE RD NW BREMERTON, WA 98312 MARILYN P MUTCHLER 1128 KITSAP LAKE RD NW BREMERTON, WA 98312 HAROLD P REAUME 1103 KITSAP LAKE RD NW BREMERTON, WA 98312 172401-2-022-2008 172401-2-025-2005 172401-2-024-2006 172401-2-027-2003 172401-2-026-2004 172401-2-028-2002 172401-2-053-2000 172401-2-036-2002 172401-2-029-2001 172401-2-035-2003 $ 4,517.19 $ 4,517.19 $ 4,517.19 $ 4,517.19 $ 4,517.19 $ 4,517.19 $ 4,517.19 $ 4,517.19 $ 4,517.19 $ 4,517.19 75 76 77 78 D E MORITZ 1098 KITSAP LAKE RD NW BREMERTON, WA 98312 DALE E MORITZ 1098 KITSAP LAKE RD NW BREMERTON, WA 98312 B STEVENSON 1048 KITSAP LAKE RD NW BREMERTON, WA 98312 DIANE PHILLIPS SIEBER I 111 KITSAP LAKE RD NW BREMERTON, WA 98312 172401-2-031-2007 172401-2-030-2008 172401-2-032-2006 172401-2-034-2004 $ 4,517.19 $ 4,5t7.19 $ 4,517.19 $ 4,517.19 TOTAL NOTES: * This assessment includes actual cost ($565.93) of extra lateral. ** This assessment includes actual cost ($853.67) of extra lateral. $ 349,243.23 ENGINEER'S CERTIFICATION To the City Council of the City of Bremerton, in accordance with Ordinance No. 4450 which created Utility Local Improvement District No. 327, 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 $ 349,243.23. Said amount is to be equitable apportioned and assessed against the property owners specially benefited from said improvements, as specified in the Assessment Roll. The Assessment Roll consists of 9 sheet and 1 diagram, and is true and correct Assessment Roll for the aforesaid improvement. I hereby submit the roll for equalization and confirmation. SUBMITTED this ~c~ day of I~1~ ,1996. RANDY WITT, City Engineer CERTIFICATION OF CITY COUNCIL This is to certify the Assessment Roll for Utility Local Improvement District No. 327 was confirmed by Ordinance No. of the City of Bremerton, on the day of ., 1996. JOHN LAW, Council President KATltLEEN MCCLUSKEY, City Clerk q8 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: ORDINANCE NO. ,'~/_5-~,/~ AUTHORIZING A BORROWING OF $237,700 AND ACCEPTING THE PURCHASE OFFER OF SEAFIRST BANK FOR AGENDA OF: June 19, 1996 ORIGINATING DEPT.:Treasurer ORIGINATOR: R. Hanna DATE SUBMI1-]'ED: June 4, 1996 2. CLEARANCES: Comment of back if necessary) Dir. Admin. City Attorne~-~ · Council Fiscal & Budget ~ ~ ~.~t ~,cc~' ENDORSEMENTS ~ INFORMATION MAYOR~ 3. EXHIBITS: Proposed Ordinance Project Financing Solution Financing Offer APPROVED BY__RESIDENT FOR SUBMITTA COUNCIL PRESIDE~,~_~ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: By prior action, the Council has authorized the replacement of the City's main computer system. Staff has negotiated the financing needed to allow for the replacement project to go forward. The proposed Ordinance will authorize the City to borrow $237,700 from Seafirst Bank to be repaid over a period of four years with interest at 5.2%. 8. RECOMMENDATION: MCT',C~,; TC, APPRGVT_ C,N-Ft V/ MOTION TO PASS ON SECOND READING ORDINANCE NO./-/~- ~/' . 9. RESPONSIBLE OFFICIAL:Treasurer ENFORCEMENT OFFICIAL: Mayor EXPIRATION DATE: July 1,2000 REVIEW DATE: N/A PULLED COUNCIL DIRECTIVE; 10. N~ TABLED APPROVED DISAPPROVED AMENDED__ 11. AGENDA BILL NO: ~ ~ - J 3 5 8B 2. CLEARANCE COMMENTS: _5, IMPACT ON NON-PASSAGE: Other financing arrangements will be necessaP/or the project will be terminated, IMPACT ON STAFFING. BUDGETS. FACILITIES. EQUIPMENT OR OTHER RESOURCES; Budget adjustment is provided under separate Agenda Bill. 7. RESEARCH SOURCES: Cash Flow Projections. Bond Counsel. Negofiafions with lending bank. FOSTER PEPPER & SHEFELMAN June 7, 1996 VIA FACSIMILE AND REGULAR MAIL Mr. Richard E. Hanna Treasurer City of Bremerton 239 - 4th Street Bremerton, WA 98310 Re: Dear Rich: $237,700 Limited Tax General Obligation Bond, 1996 Enclosed for your review and comment is an ordinance authorizing the issuance of the above- referenced bond to Seafirst Bank. I anticipate an ordinance in final form will be available for first reading on June 19, with passage of the ordinance on June 26. As you may know, I will be out of the office until June 17, however my partner, Lee Voorhees, or in his absence, Tracy Becht, are happy to assist you and answer any questions. I understand the financing schedule has been delayed with the closing now anticipated to be July 12. It is a pleasure to once again be serving the City and we look forward to a successful closing on July 12. Sincerely, Enclosures cc (w/encl.): Ian R. Sievers Kathleen McCluskey Kerrin M. Gibbons FOSTER PEPPER & SHEFELMAN George M. Mack CITY OF BREMERTON, WASHINGTON ORDINANCE NO. / AN ORDINANCE of the City of Bremerton, Washington, relating to contracting indebtedness; providing for the issuance, specifying the installment payments, interest rate, terms and covenants and fixing the form of a $237,700 par value Limited Tax General Obligation Bond, 1996, of the City for general City purposes to provide funds with which to pay the cost of upgrading an existing City computer system and acquiring new computer systems and equipment; establishing a bond redemption fund and an acquisition fund; and approving the sale and providing for the delivery of the bonds to Bank of America NW, N.A., doing business as Seafirst Bank. Passed June 26, 1996 This document was prepared by: Foster Pepper & Shefelman 1111 Third Avenue, Suite 3400 Seattle, Washington 98101 (206) 447-4400 0244239.01 CITY OF BREMERTON, WASHINGTON ORDINAiNCE NO. AN ORDINANCE of the City of Bremerton, Washington, relating to contracting indebtedness; providing for the issuance, specifying the installment payments, interest rate, terms and covenants and fixing the form of a $237,700 par value Limited Tax General Obligation Bond, 1996, of the City for general City purposes to provide funds with which to pay the cost of upgrading an existing City computer system and acquiring new computer systems and equipment; establishing a bond redemption fund and an acquisition fund; and approving the sale and providing for the delivery of the bonds to Bank of America NW, N.A., doing business as Seafirst Bank. WHEREAS, the City of Bremerton, Washington (the "City") , is in need of upgrading an existing City computer system and acquiring new computer systems and equipment, the estimated cost of which is $344,500, and the City does not have available sufficient funds to pay the cost; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DO ORDAIN as follows: Section 1. Debt Capacity. The assessed valuation of the taxable property within the City as ascertained by the last preceding assessment for City purposes for the calendar year 1995 is $1,223,940,521, and the City has outstanding general indebtedness evidenced by limited tax general obligation bonds and notes in the principal amount of $10,083,210 incurred within the limit of up to 1-1/2% of the value of the taxable property within the City permitted for general municipal purposes without a vote of the qualified voters therein, unlimited tax general obligation bonds in the principal amount of $1,710,000 incurred within the limit of up to 2-1/2% of the value of the taxable property within 0244239.01 --1-- the City for capital purposes only, issued pursuant to a vote of the qualified voters of the City, and the amount of indebtedness for which bonds are authorized herein to be issued is $237,700. Section 2. Definitions. As used in this ordinance, the following words shall have the following meanings: "Bank" means Bank of America NW, N.A., doing business as Seafirst Bank in Seattle, Washington. "Bond" means the Limited Tax General Obligation Bond, 1996, of the City in the principal amount of $237,700, which is authorized to be issued by this ordinance. "Bond Fund" means that special fund of the City known as the Obligation Bond Fund, 1996, created by this Limited Tax General ordinance. "Bond Purchase Offer" means the Bank's purchase offer dated April 29, 1996, offering to purchase the Bond. "Bond Registrar" means the Treasurer of the City. "City" means the City of Bremerton, Washington. "Code" means the Internal Revenue Code of 1986, as amended. "Project" means the upgrading of an existing City computer system and acquiring new computer systems and equipment. Section 3. Authorization and Description of Bond. The City shall borrow money on the credit of the City and issue negotiable limited tax general obligation bonds as a single Bond evidencing that indebtedness in the amount of $237,700 for general City purposes to provide the funds to pay the cost of the Project and to pay the costs of issuance and sale of the Bond (the "costs of issuance"). The general indebtedness to be incurred shall be 0244239.01 -2- within the limit of up to 1-1/2% of the value of the taxable property within the City permitted for general municipal purposes without a vote of the qualified voters therein. The Bond shall be called the Limited Tax General Obligation Bond, 1996, of the City; shall be issued in registered form; shall be in the principal amount of $237,700; shall be dated as of its date of delivery to the Bank; shall mature four years from the dated date of the Bond; shall be numbered R-l; and shall bear interest at the rate of 5.20% per annum (computed on the basis of a 360-day year of twelve 30-day months). The Bond shall be payable in semiannual installments of principal and interest amortized over four years on each January 1 and July 1, commencing January 1, 1997, as set forth in Exhibit A to the Offer, to the maturity or earlier redemption of the Bond. The life of the Project to be acquired with the proceeds of the Bond exceeds the term of the Bond. Section 4. Bond Reqistrar; Reqistration and Transfer of Bond. The Treasurer shall serve as Bond Registrar for the Bond. The Bond shall be issued to the Bank only in registered form as to both principal and interest and recorded on the books or records maintained by the Bond Registrar (the "Bond Register"). The Bond Register shall contain the name and mailing address of the owner of the Bond. The Bond may not be assigned or transferred by the Bank, except that the Bank may assign or transfer the Bond to any successor to the business and assets of the Bank. When the Bond has been paid in full, both principal and interest, the Bond shall 0244239.01 -3- be surrendered by the Bank to the Bond Registrar, who shall cancel the Bond. The Bond Registrar shall keep, or cause to be kept, at his office, sufficient books for the registration of the Bond. The Bond Registrar shall serve as the City's authenticating trustee, transfer agent, registrar and paying agent for the Bond and shall comply fully with all applicable federal and state laws and regulations respecting the carrying out of those duties. The Bond Registrar is authorized, on behalf of the City, to authenticate and deliver the Bond in accordance with the provisions of the Bond and this ordinance, to serve as the City's paying agent for the Bond and to carry out all of the Bond Registrar's powers and duties under this resolution and City Ordinance No. 3862 establishing a system of registration for the City's bonds and obligations. No assignment or transfer of the Bond shall be effective until the name of the new owner and the new owner's mailing address, together with such other information deemed appropriate by the Bond Registrar, shall be recorded on the Bond Register. The Bond shall state on its face that the principal of and interest on the Bond shall be paid only to the owner thereof registered as such on the Bond Register as of the record date set forth therein and to no other person or entity, and that the Bond may not be assigned except on the Bond Register. Section 5. Payment of Bond. Both principal of and interest on the Bond shall be payable in lawful money of the United States of America and shall be paid by checks or drafts of the Bond Registrar mailed on the installment payment date to the Bank at the 0244239.01 -4- address appearing on the Bond Register or by electronic transfer on the payment date to an account designated by the Bank. The Bond will be surrendered upon the final payment of principal and interest, and destroyed or cancelled in accordance with law. Section 6. Redemption Provisions. The City reserves the right and option to prepay the Bond prior to maturity as a whole at any time upon 5 business day's prior written notice to the Bank at the address appearing on the Bond Register at the time the Bond Registrar prepares the notice and payment of a potential prepayment penalty as described in the Bond Purchase Offer and in the Bond. Section 7. Failure to Pay Installments. If any installment of principal and interest is not paid when due, the City shall be obligated to pay interest on that installment at the same rate provided in the Bond from and after its installment, both principal and interest, sufficient money for its payment in full payment date until that is paid in full or until is on deposit in the Bond Fund and the Bond has been called for redemption. Section 8. Pledqe of Taxes. For as long as the Bond is outstanding, the City irrevocably pledges to include in its budget and lev-y taxes annually within the constitutional and statutory tax limitations provided by law without a vote of the electors of the City on all of the taxable property within the City in an amount sufficient, together with other money legally available and to be used therefor, to pay when due the principal of and interest on the Bond, and the full faith, credit and resources of the City are pledged irrevocably for the annual levy and collection of those taxes and the prompt payment of that principal and interest. 0244239.01 -5- /o7 Section 9. Form and Execution. The Bond shall be printed, lithographed, typed or multicopied on good bond paper in a form consistent with the provisions of this ordinance and state law, shall be signed manually or in facsimile in the corporate name of the City by the Mayor and City Clerk, and the seal of the City or a facsimile thereof shall be impressed or printed thereon. The Bond shall bear thereon a Certificate of Authentication in the following form, manually signed by the Bond Registrar, and only if so executed shall the Bond be valid or obligatory for any purpose or entitled to the benefits of this ordinance: CERTIFICATE OF AUTHENTICATION This Bond is the fully registered City of Bremerton, Washington, Limited Tax General Obligation Bond, 1996, described in the Bond Ordinance. BOND REGISTRAR By Treasurer of the City of Bremerton, Washington The authorized signing of a Certificate of Authentication shall be conclusive evidence that the Bond so authenticated has been duly executed, authenticated and delivered and is entitled to the benefits of this ordinance. If any officer whose facsimile signature appears on the Bond ceases to be an officer of the City authorized to sign bonds before the Bond bearing his or her manual or facsimile signature is authenticated or delivered by the Bond Registrar or issued by the City, that Bond nevertheless may be authenticated, issued and delivered and, when authenticated, issued and delivered, shall be as binding on the City as though that person had continued to be an 0244239.01 --6-- officer of the City authorized to sign bonds. The Bond also may be signed on behalf of the City by any person who, on the actual date of signing of the Bond, is an officer of the City authorized to sign bonds, although he or she did not hold the required office on the date of issuance of the Bond. Section 10. Preservation of Tax Exemption for Interest on Bond. The City covenants that it will take all actions necessary to prevent interest on the Bond from being included in gross income for federal income tax purposes, and it will neither take any action nor make or permit any use of proceeds of the Bond or other funds of the City treated as proceeds of the Bond at any time during the term of the Bond which will cause interest on the Bond to be included in gross income for federal income tax purposes. The City certifies that it has not been notified of any listing or proposed listing by the Internal Revenue Service to the effect that it is a bond issuer whose arbitrage relied upon. Section 11. Small Governmental certifications may not be Issuer Arbitraqe Rebate Exception and Desiqnation of the Bond as a "Qualified Tax-ExemQt Obliqation." The City finds and declares that (a) it is a duly organized and existing governmental unit of the State of Washington and has general taxing power; (b) the Bond is not a "private activity bond" within the meaning of Section 141 of the United States Internal Revenue Code of 1986, as amended (the "Code"); (c) at least 95% of the net proceeds of the Bond will be used for local governmental activities of the City (or of a governmental unit the jurisdiction of which is entirely within the jurisdiction 0244239.01 -7- of the City); (d) the aggregate face amount of all tax-exempt obligations (other than private activity bonds and other obligations not required to be included in such calculation) issued by the City and all entities subordinate to the City (including any entity which the City controls, which derives its authority to issue tax-exempt obligations from the City or which issues tax- exempt obligations on behalf of the City) during the calendar year in which the Bond is issued is not reasonably expected to exceed $5,000,000; and (e) the amount of tax-exempt obligations, including the Bond, designated by the City as "qualified tax-exempt obligations" for the purposes of Section 265(b) (3) of the Code during the calendar year in which the Bond is issued does not exceed $10,000,000. The City therefore certifies that the Bond is eligible for the Section 148(f) (4) (D) of "qualified tax-exempt Section 265(b) (3) of the Code. Section 12. Bond is Neqotiable. arbitrage rebate exception under the Code and designates the Bond as a obligation" for the purposes of The Bond shall be a negotiable instrument to the extent provided by RCW 62A.8-102 and 62A.8-105. Section 13. Refunding or Defeasance of the Bond. The City may issue refunding bonds pursuant to the laws of the State of Washington or use money available from any other lawful source to pay when due the principal of and interest on the Bond, or any portion thereof included in a refunding or defeasance plan, and to redeem and retire, refund or defease all of such then-outstanding Bond (hereinafter called the "defeased Bond") and to pay the costs 0244239,01 -8- //0 of the refunding or defeasance. If money and/or "government obligations" (as defined in chapter 39.53 RCW, as now or hereafter amended) maturing at a time or times and bearing interest in amounts (together with money, if necessary) sufficient to redeem and retire, refund or defease the defeased Bond in accordance with its terms are set aside in a special trust fund or escrow account irrevocably pledged to that redemption, retirement or defeasance of the defeased Bond (hereinafter called the "trust account"), then all right and interest of the owner of the defeased Bond in the covenants of this ordinance and in the funds and accounts obligated to the payment of the defeased Bond shall cease and become void. The owner of the defeased Bond shall have the right to receive payment of the principal of and interest on the defeased Bond from the trust account. The defeased Bond shall be deemed no longer outstanding, and the City may apply any money in any other fund or account established for the payment or redemption of the defeased Bond to any lawful purposes as it shall determine. Section 14. Bond Fund and Deposit of Bond Proceeds. There is created and established in the office of the City Treasurer a special fund designated as the Limited Tax General Obligation Bond Fund, 1996 (the "Bond Fund"). Accrued interest on the Bond, if any, received from the sale and delivery of the Bond shall be paid into the Bond Fund. All taxes collected for and allocated to the payment of the principal of and interest on the Bond shall be deposited in the Bond Fund. The principal proceeds received from the sale and delivery of the Bond shall be paid into a special Project account in the City's 0244239.01 -9- General Fund and used for the purposes specified in Section 2 of this ordinance. Until needed to pay the costs of the Project and costs of issuance of the Bond, the City may invest principal proceeds temporarily in any legal investment, and the investment earnings may be retained in the General Fund and be spent for the purposes of that fund. Section 15. Approval of Bond Purchase Offer. The Bank has presented its Bond Purchase Offer to the City offering to purchase the Bond under the terms and conditions provided in the Bond Purchase Offer, which written Bond Purchase Offer is on file with the Treasurer and is incorporated herein by this reference. The City Council finds that accepting the Bond Purchase Offer is in the City's best interest and therefore accepts the same. The Bond will be printed at the expense of the City and will be delivered to the Bank in accordance with the Bond Purchase Offer, with the approving legal opinion of Foster Pepper & Shefelman, municipal bond counsel of Seattle, Washington, regarding the Bond. Bond counsel shall not be required to review and shall express no opinion concerning the completeness or accuracy of any official statement, offering circular or other sales material issued or used in connection with the Bond, and bond counsel's opinion shall so state. The proper City officials are authorized and directed to do everything necessary for the prompt delivery of the Bond to the Bank and for the proper application and use of the proceeds of the sale thereof. 0244239.01 -10- Section 16. Effective Date of Ordinance. This Ordinance shall take effect 10 days from its passage and publication. APPROVED by the City Counci of the City of Bremerton, Washington, this 19th day of June, 1996. PASSED by the City Council of the City of Bremerton, Washington, this 26th day of June, 1996. APPROVED this JOHN LAW Council President __ day of June, 1996. ATTEST: LYNN HORTON, Mayor KATHLEEN McCLUSKEY, City Clerk APPROVED AS TO FORM: George M. Mack, Bond Counsel Publication Date: Ordinance Number: 0244239.01 -11- I, KATHLEEN L. McCLUSKEY, City Clerk of the City of Bremerton, Washington, certify that the attached copy of Ordinance No. is a true and correct copy of the original ordinance passed on the 26th day of June, 1996, as that ordinance appears on the Minute Book of the City. DATED this day of June, 1996. Kathleen L. McCluskey City Clerk 0244239.01