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HomeMy WebLinkAbout10/05/05 AGENDA '. I m FILE ." ...[6 ',,; ,," .... ~, II_~ .""_,,,.'.,.<;n"':_; ~'';'''_'.~;'''''''''_~'''' CITY COUNCIL 345 6th Street, Suite 603, Bremerton, WA 98337-1873 C6 (360) 473-5280 ***AMENDED*** OCTOBER 5, 2005 CITY COUNCIL MEETING AGENDA 1. PRE..cOUNCIL STUDY SESSION: 5:00 - 5:30 P.M. in COUNCIL CONFERENCE ROOM 603 A. General Council Business 2. CALL TO ORDER: 5:30 P.M. in COMMUNITY CHAMBERS LOCATED ON FIRST FLOOR A. Pledge of Allegiance B. Invocation 3. MAYOR'S REPORT 4. PUBLIC SERVICE ANNOUNCEMENTS 5. CONSENT AGENDA A. Claims & Check Register (#AB05-225) B. Minutes of Meeting - September 21,2005 (#AB05-226) C. Minutes of Meeting - September 28, 2005 (#AB05-227) D. Bid Award to THYSSEN KRUPP ELEVATOR for Hydraulic Passenger Elevator Replacement and Modernization at the 4th Street & Washington Parking Garage (#AB05-228) E. Contract Award to NORDIC CONSTRUCTION, INC. for Reservoirs No. 21 & 22 Seismic Upgrade Project (#AB05-229) F. Transfer of Risk Management Funds to General Fund (#AB05-230) 6. PUBLIC HEARINGS A. Resolution No. 2981 regarding Purchase & Sale Agreement with BEALKO, INC. of $1.4 Million for 38.89 acres of City-owned Surplus Property in Tracyton (#AB05-231) 7. GENERAL BUSINESS A. Purchase and Sale Agreement betv.:een the City of Bremerton and CHEVRON U.S.A. INC. regarding 3cquisition of real property adjacent to E'.(ergreen Park (ltAB05 207) Item pulled B. Resolution No. 2980, amending the City Council Rules & Procedures to allow "Telephonic Appearance" (#AB05-222) C. Request to amend Comprehensive Plan outside the Biennial Process (#AB05-232) 8. PUBLIC RECOGNITION 9. COUNCIL MEMBER REPORTS 10. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING . Americans with Disabilities Act (ADA) accommodations provided upon request. Those requiring special accommodations should contact the City Clerk's Office at (360) 473-5323 by noon on the Monday preceding the Council meeting. --------- ------ - CITY COUNCIL MEETING SPEAKERS LIST PLEASE NOTE THAT ALL REQUESTS FOR INFORMATION FROM THE CITY OF BREMERTON MUST BE SUBMITTED IN WRITING. THANK YOU. PLEASE PRINT YOUR NAME BELOW IF YOU PLAN TO SPEAK DURING THE COUNCIL MEETING TONIGHT SCO( G>"? 0 L{ L- II~ .'\ ~U' RqN~D t-C " {-ttd --- -- --- - - --- 10/05/05 louis Mentor Boardwalk Memorial -- - ----------- / -------- GratefuCC'Y ac~nawCed8es ] antes tf. parks Jor fiis dedicated service to tfie cornrnunit'Y Si8ned tfiis 28th da'Y of septernber, 2005 ~. :1~~~~ J;ta'lor car 'Bozeman 1)aren :N'll3ren. Prest ent 'Bremerton Cit':! counci( - - -- - 1,!"""i'iii',,:QJiiiiiilii'llIii,,gi'i"jiiill Ii' 11: : ~ " I t ~ll V '1# i'ii , I !!lli~i!~~I~~~~tllijij {iratefuCCy acknowCedges "'Rayn6ow " .for !iis Coyafty to !iis owner James 'E. Parks ancC !iis cCedicatecC service to t!ie community SignecC t!iis 28tft cCay of September, 2005 r:~ ~ :D-- ~/ , Mayor C~ry 130zeman 'Daren NYBren, lIr~sicCent 13remerton City Counci{ CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 C6 Phone (360) 473-5280 PROCLAMATION WHEREAS, at the end of World War II many people wanted to share our country's abundance with European war victims; and Church World Service and CROP's first purpose was to gather wheat and other crops from U.S. farms for shipment to Europe; and, WHEREAS, today, locally~organized, Church World Service~sponsored CROP WALKS are an important part of community life for more than 2,000 towns and cities in the United States, bringing together people of different faiths, diverse cultures, and all age groups; and, WHEREAS, in the last 16 years alone, CROP WALKS have raised over $200 million to bring help and hope to people in need in more than 80 countries, including the U.S.; and, WHEREAS, each year CROP WALKS help more than 3,200 local food pantries, food banks, and meal sites in the U.S. provide food to neighbors in need, including our own food bank in Bremerton; and. WHEREAS, the Annual CROP WALK will be held on Sunday, October 16th to help our community become aware of and concerned about hunger and its causes; and, WHEREAS, the CROP WALK will raise funds to help stop hunger both locally and globally; NOW, THEREFORE, I, Daren Nygren, President of the Bremerton City Council, do hereby proclaim Sunday, October 16, 2005 as CROP WALK DAY In the City of Bremerton, and urge the citizens of our community to support this CROP WALK. SIGNED this 5th day of October 2005. y~/~ Daren Nygren, President Bremerton City Council CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 C6 Phone (360) 473-5280 PROCIAMATION WHEREAS, Ebenezer Mrican Methodist Episcopal Church is at the threshold of culminating the year-long celebration of its 93rd Anniversary; and WHEREAS, the City of Bremerton recognizes Ebenezer Mrican Methodist Episcopal Church as one of the oldest churches in Bremerton; and WHEREAS, through the efforts and accomplishments of Ebenezer AME Church, they have made our community a better place to live; and WHEREAS, Ebenezer AME Church has the vision to expand to support their on going ministry; and WHEREAS, the City of Bremerton joins hands with the surrounding communities in celebrating and sharing this historical moment; NOW, THEREFORE, I, Daren Nygren, President of the Bremerton City Council, do hereby proclaim October 23, 2005 as Ebenezer A.M.E. Church 93rd Anniversary Celebration Day SIGNED this 5th day of October, 2005. \ ' ~~ Daren Nygren, President Bremerton City Council f< DATE SUBMITTED: BILL # 05'~..:2 ~ AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5A ........................................................................................ SUBJECT: Approval of Claims and Checks Committee Meeting Date: Register COUNCIL MEETING Date: ~.".) 005 Department: inancial Services Presenter: Cathy J oh11son Phone: 473-5296 SUMl\1ARY: Consent agenda item. Approval of payroll, checks and electronic fund transfers. ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount): APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: CONSENT AGENDA ~ OPERATIONS: COUNCIL PRESIDENT: y~ 0'fV" ~ RECOMMENDED MOTION: Move to approve: - 1) Check #s 30300L through .3031 bY- and EFTs through intheamountof$ Bq--')/~Cjl. Lla-. B~I-gCoOt.f 9fol~ -6lJi8 ... . . 6606-. fol5 0~'P1 6folL/-P 2) Regular payroll for the pay period ending in the amount of$ 3) Retiree payroll for the pay period endin~ tf ~4 ';"OOS'in the amoilllt of $ 7 3, ~ l.f.f. () i COUNCIL ACTION: ~prove o Deny o Table o Continue o No Action DATE SUBMITTED: BILL # 05-d.~~ AGENDA BILL CITY OF BREMERTON 53 CITY COUNCIL ........................................................................................ SUBJECT: Minutes of Meeting - Committee Meeting Date: N/A ...... COUNCIL MEETING Date: ()vfob~ S; d 0 D,~ ..)e pf e l"vl b-e-y d-II ;) 0 Dr Department: City Council Presenter: Daren Nygren, Council President Phone: (360) 473-5280 SUMMARY: Attached are the minutes for the Council Meeting held Se f fe.m be--,- :2 ( .;( D i> S-' I ATTACHMENTS: Minutes for Sepfe-r",J:'Ji&- d-I dDD~ I FISCAL IMPACTS (Include Budgeted Amount): 0 APPROV ALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: CONSENT AGENDA cg] OPERATIONS: COUNCIL PRESIDENT: ~~ RECOMMENDED MOTION: Move to pass the Consent Agenda as presented. COUNCIL ACTION: n AODfove n Denv n Table n Continue n No Action DIGITAL RECORDING CITY COUNCIL MEETING MINUTES September 21, 2005 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 345 6th Street, Bremerton, Washington, Wednesday, September 21, 2005, at 5:30 P.M., with Council President Daren Nygren presiding. Council members present were Mike Short, Will Maupin, Dianne Robinson, Mike Shepherd, Wendy Priest, Cecil McConnell, and Brad Gehring. Council Member Carol Arends was absent. Also present were City Attorney Roger Lubovich; City Clerk Paula Johnston; and Legislative Assistant Lori Smith. The meeting opened with the Pledge of Allegiance led by Council Member Cecil McConnell, followed by the invocation provided by Council Member Dianne Robinson. President NVQren made the following announcements: 1. A Pre-Council session was held in the Council Conference Room to discuss updates to the meeting agenda; which included a 15-minute Executive Session to discuss "Pending Litigation" per RC.W. 42.30.110(1 )(i); and 2. Item 7 A under GENERAL BUSINESS was pulled from the agenda tonight. MAYOR'S REPORT Mayor Bozeman... . Was pleased to see the completion of liThe Frank Chopp Place", formerly Chester Manor; . Acknowledged the work ahead for the Council, listing several upcoming items they will need to make decisions on including the proposed consolidation of the Bremerton Housing Authority and the Kitsap County Consolidation Housing Authority; the relocation of Municipal Court; sale of the Tracy ton Watershed property; acceptance of the Chevron property for expanding Evergreen Rotary Park; and the FY2006 Budget by the end of December; and . Announced that Ken Mickelsen will soon begin a tree-thinning project for Lions Park. PUBLIC SERVICE ANNOUNCEMENTS Debora Woodard, NAACP, Bremerton Branch, announced several upcoming events including the "Community Service Healthcare Event" this Saturday from 10:00 AM to 2:00 PM at the Norm Dicks Center; a 5-week "Back to School, Stay in School" program and "Earn to Learn" program beginning on Saturday, October 1 from 9:30 AM to 12:30 PM at the West Sound Skill Center; and the "Reach for Success Parent's Fair" on Thursday, October 13 from 5:30 to 8:30 PM at the Bremerton High School Auditorium. President NVQren proclaimed the Month of September 2005 as "PTA Membership Month"; and proclaimed October 12, 2005 as "Walk Across Washington Day". CONSENT AGENDA A. Checks 302636 through 302829; EFT-8579 through EFT-8587for the period ending September 21, 2005 in the amount of $659,066.70 (#AB05-210) B. Minutes of Meeting - September 7,2005 (#AB05-211) C. Minutes of Meeting - September 14, 2005 (#AB05-212) D. Contract Amendment with DURA COATINGS, INC. for Painting Services for the Louis Mentor Boardwalk (#AB05-213) E. Rental Agreement with Peter Voight III for Kitsap Lake House (#AB05-214) F. Interlocal Agreement with Kitsap County for Funding Assistance related to the Construction of the Skatepark (#AB05-215) G. PC Replacement Program through Washington State WSCA Contract (#AB05-216) ------- City Council Reg. Mtg. Minutes September 21,2005 Page 2 of 6 H. Interlocal Purchasing Agreement with ISLAND COUNTY FIRE DISTRICT 1 (#AB05-217) I. Professional Services Agreementwith DAVID SMITH & ASSOCIATIONS, INC. for Acquisition of Orthophotography and Aerial Mapping Services (#AB05-218) J. Professional Services Agreement with WILLIS OF SEATTLE, INC. for Insurance Broker Services Contract (#AB05-219) There were no comments from the public. 5:42:30 M/S/C/U (McConnell/Short) Move to approve Consent Agenda as presented. 6A - PUBLIC HEARING AND RESOLUTION NO. 2979 ADOPTING THE CITY OF BREMERTON WASTEWATER COMPREHENSIVE PLAN (#AB03- 220): Phil Williams, Public Works & Utilities Director, narrated the POWER POINT presentation made to summarize the Wastewater Comprehensive Plan; as well as explained that the City of Bremerton desires to plan for future growth in its wastewater service area. The Wastewater Comprehensive Plan provides a means to evaluate future wastewater collection system and treatment plant needs. This new Wastewater Comprehensive Plan will replace the current 1995 plan, and will bring the City into compliance with all State Department of Ecology regulations for Wastewater Comprehensive Plan elements as specified in WAC 173-240-050. This plan outlines a detailed strategy to improve redundancy in bio-solids handling, transport, and application. It also increases reliability of treatment operations by improving emergency power capability. There were no comments from the public. Mr. Gehrinq asked questions about the use of membrane [filtering] technology for nutrient removal. Mr. Williams responded that it was one available technology, but might be expensive, and discussed a few other available treatment processes. Mr. Shepherd asked if the City had considered purchasing the homes along the Beach Main. Mr. Williams responded that if it was only one or two homes that would be considered, but there are many homes affecting the Kitsap Lake Beach Main. Mr. Maupin raised concerns about failing septic systems on Marine Drive. 6:11 :00 M/S/C/U (Short/Maupin) Move to pass Resolution No. 2979, adopting the City of Bremerton Wastewater Comprehensive Plan. 6B - PUBLIC HEARING AND ORDINANCE NO.. 4948 VACATING THE NORTHERLY 850 FEET OF RUSSELL ROAD TO OYSTER BAY AVENUE (#AB05-221): Michael Mecham, City Engineer explained that the City received a petition from Bremerton Housing Authority to vacate the northerly 850 feet of Russell Road to Oyster Bay Avenue for the development of an assisted senior housing complex within Westpark. The road will be relocated southerly of its current position. This date was scheduled for a Public Hearing in accordance with state law and the Bremerton Municipal Code on the proposed ordinance vacating the subject property. This is a Class I right-of-way, and compensation will be paid by dedication of a like-kind right-of-way in the anticipated redevelopment of Westpark. There were no comments from the public. 6:14:45 M/S/C/U (Shepherd/Maupin) Move to adopt Ordinance No. 4948, vacating the northerly 850 feet of Russell Road to Oyster Bay Avenue. 7A RESOLUTION NO. 2900 J\MENDING THE CITY COUNCIL RULES AND PROCEDURES TO ALLOW "TELEPHONIC APPEARJ\NCE" (#1\803 141): Item pulled City Council Reg. Mtg. Minutes September 21 , 2005 Page 3 of 6 7B - SALE OF FIRE STATION 1 (#AB03-142): President NYQren stated that the City has received two proposals to purchase Fire Station 1. One from the PORT OF BREMERTON for the location of a fire museum; and another from LEX DIAMOND COMPANY for locating a restaurant and office space. Tim Thompson, Chief Operations Officer from the PORT OF BREMERTON, discussed the PORT'S proposal to purchase Fire Station 1 and then leasing it to FIRE SERVICE MUSEUM NORTHWEST (FSMNW) with an option for the museum to purchase the property. Ken Boad discussed the 3-year effort by FSMNW to utilize Fire Station 1 for a museum during a POWER POINT presentation. Elie Benaron, CEO of LEX DIAMOND COMPANY explained his desire to purchase the building; and also included an offer to provide use of the building to FSMNW for one-year to see if the museum can be successful. Don Forth, firefighter with the City of Portland, Oregon, shared his experience of a similar and successful operation in Portland; and cautioned that even though a generous offer was made by Mr. Benaron, it would probably take more time one-year to establish a first-quality museum. Maryellen Babbit, as a home owner who lives directly behind fire Station 1, expressed her reasons for favoring the use of the building for a museum, and not a restaurant because she had concerns with the increased noise from a busier establishment. Donald Green liked the idea of a museum, and offered to donate fire memorabilia. Stanley Hess, Museum Curator of the AURORA V ALENTINETTI PUPPET MUSEUM, provided his comments in favor of the fire museum. Don Larson liked the idea of a fire museum combined with a Fire Station-themed restaurant and brew pub, similar to Tacoma's Engine House Number 9. Volunteer Battalion Chief Terry Bontraqer, representing SOUTH KITSAP FIRE & RESCUE, provided comments in full support of using Fire Station 1 for a fire museum. Council's questions to Mr. Benaron regarding his proposal: Mr. Short asked Mr. Benaron if he purchased the building, what would he do if the restaurant failed. Mr. Benaron stated that he would locate another business in the building because he could not make any money from a vacant building. He also stressed that the art deco was unique and he had no plans to change the structure. Mr. Maupin asked more details of his vision. Mr. Benaron responded he would like to make it a nice place where people could gather to eat and have a drink, more like a restaurant. Mr. McConnell questioned why the previous use was listed as a "diamond store and pool hall". Mr. Benaron explained he originally thought the brick building could be used as a diamond store, but he then realized he would need the space for a parking lot. Ms. Priest asked if Mr. Benaron has owned a restaurant before; and expressed her concern about whether Mr. Benaron would be willing to register the building as a historical sight to maintain the historical integrity of the building even after the 5-years indicated in the proposal. City Council Reg. Mtg. Minutes September 21,2005 Page 4 of 6 Mr. Benaron first acknowledged that he has owned a restaurant before; and that he had every intention of preserving the art-deco section of the building. He also expressed his willingness to negotiate a longer term, but was hesitant to register the building as a historic site because of the limitations that would be placed on the land forever. After further discussion, he agreed to consider registering the building as a historical site. Council's questions to the Port of Bremerton regarding their proposal: Mr. NVClren asked if the museum would be able to comply with ADA access requirements. Mr. Loun stated that the primary portion of the museum that would have access for the public would be located on the first floor. Mr. Short reiterated his concern about maintaining the art-deco structure if the museum plan fails and it is decided by the Port to put the building back on the market. Mr. Thompson stated that if the building was put up for sale, it would be sold for the appraised value, and added that the Port would work with the City to formulate the terms of the agreement that would be in line with what the City wanted. They assured the Council that they have every intention of preserving the art-deco structure, and may even expand the facade. Ms. Priest also questioned accessibility requirements now that the Change-in-Use for the building has gone from a "B Occupancy" to a "Place of Assembly". Mr. Loun stated they were aware of the Change-in-Use, and said there would be no problem in complying with the new requirements, and discussed a number of volunteers who will assist with the compliance. Mr. GehrinQ commented that although he thinks that having this type of museum would be good for Bremerton and for families, he cautioned that it will take quite a bit of cash flow to keep this type of enterprise going. He felt that Mr. Benaron's generous offer should be considered, and further suggested a cooperative effort. Ms. Robinson expressed her support for using the building for a museum because she felt it was in line with what the City was trying to do; and also was happy to hear that fire prevention would be included. Mr. Shepherd stated that he did his own research and believes that the marketing capability of the fire fighters would help make this museum a great success. 7:07:20 M/S (Shepherd/Robinson) Move to approve the sale of Fire Station 1 to the Port of Bremerton in the amount of $320,000; and authorize the Mayor to finalize and execute all documents necessary in order to close the transaction. No vote was taken as the discussion continued... Ms. Priest stated she liked the idea of museum, but expressed a number of concerns, particularly how they would create repeat business. She felt that the ideal situation would be a combination of the two proposals to increase the tax base. Mr. Maupin felt the fiscally responsible decision was to accept Mr. Benaron's proposal. Mr. Short would also like to see a combination, but acknowledged that Bremerton needs another restaurant, and another business on the tax rolls. He asked for restrictions on the use of the building, and wanted the City to maintain some control about what is done with the building if it is sold in the future. City Council Reg. Mtg. Minutes September 21,2005 Page 5 of 6 Mr. Priest asked if this item could be delayed to allow time for gathering more information. Laura Lyon, Finance Director, addressed the financial implications related to this sale, and indicated that it would be their desire to have the transaction concluded by the end of the year to resolve the interfund repayment. Mr. Gehrina felt the opportunity to create something unique with a fire station outweighed the fiscal aspects of a restaurant. President Nyaren stated for the record that he did his best to provide equal opportunity for both groups to present their proposals to the Council; and indicated that several letters of support would be added to the official record, as well as a memorandum from the City Auditor. Mr. NYQren provided his opinion that by choosing the proposal from the PORT OF BREMERTON, the City's options would remain open because of the generous offer from the Port to put the building back on the market if the museum was not successful. 7:21 :29 Prior to the vote, Mr. Shepherd asked for a Point of Order regarding a possible amendment to the Motion to include the requirement for registering the building for historical preservation. Mr. Lubovich cautioned this action because the implications of such a request were not fully known, and he only heard this request made by a few of the Council members. He suggested that instead, the Council include a "friendly amendment" to the Main Motion that the Final Agreement be brought back for "final Council approval". A recess was taken from 7:30 to 7:36 PM...President NVQren cautioned the Council members not to have discussions with the audience... 7:37:42 M/S/C (Shepherd/Robinson) Move to approve the sale of Fire Station 1 to the PORT OF BREMERTON in the amount of $320,000; and authorize the Mayor to finalize and execute all documents necessary in order to close the transaction, subject to Council final approval. Voted in favor of the Motion: Shepherd, Robinson, Gehring, McConnell, Nygren Voted in opposition to the Motion: Maupin, Short, Priest Motion carried: 5-Yes; 3-No PUBLIC RECOGNITION Kelsey Himes and Danielle Prusaitis express their concerns about the increase in trash, litter and pollution, particularly on the beach and along Navy Yard Highway. Don Larson reported on the success of the "Sinclair Inlet Clean-Up Event" this past weekend; and thanked all the participants and sponsors. COUNCIL MEMBER REPORTS Brad Gehrina discussed his attendance at the POW & MIA Remembrance Ceremony last Saturday; sadly reported on the loss of his good friend John Horton who was killed in a motorcycle accident on Sunday leaving a wife and four children. Lastly, he invited the public to attend the "5th Annual Biker Blues Blast" this weekend on September 23 & 24 at the Jefferson County Fairgrounds in Port Townsend to benefit veterans and the ABATE Scholarship Fund. Cecil McConnell welcomed fellow Council Member Wendy Priest back. City Council Reg. Mtg. Minutes September 21, 2005 Page 6 of 6 Wendy Priest thanked Cecil and reported her baby is just recently letting her get some sleep! She also encouraged citizens to volunteer to serve on the 1 % for the Arts Commission. Mike Shepherd mentioned the tree-thinning project to take place at Lions Field next week; and his plans to participate in the "Wild Salmon Hall of Fame Awards Dinner" on Saturday, September 24 beginning at 6:00 PM at the Harborside Conference Center. Lastly, he reported on the "One Church, One Family" program organized to provide relief assistance for Hurricane Katrina victims. Dianne Robinson also welcomed Wendy back. Will Maupin reported on his attendance at the Puget Sound Regional Council (PSRC) Growth Management Board; and the Kitsap Transit Board Meeting and Retreat. He was also pleased to represent the City at the Navy Region Northwest luncheon, which included the unveiling of new military housing. Mike Short was pleased to attend the opening of "Frank Chopp Place". Daren Nyqren was pleased to accept the "LiHi Award of Excellence" presented to the Bremerton City Council for their contribution to "Frank Chopp Place" affordable housing; and thanked the Council Members for their willingness to attend events on behalf of the City when there are conflicts with his schedule. With no further business, the regular meeting of the City Council was adjourned at 7:57 P.M. Prepared and Submitted by: LORI SMITH Legislative Assistant Attest: PAULA JOHNSTON, City Clerk DAREN NYGREN, City Council President City of Bremerton CA/PJ/ls/cge DATE SUBMITTED: BILL # D5~d.;;)7 AGENDA BILL CITY OF BREMERTON 5c, CITY COUNCIL ........................................................................................ SUBJECT: Minutes of Meeting - Committee Meeting Date: N/A Septelfvlbe1 as I ~ocS' COUNCIL MEETING Date: OCf()~A 5" JDO~ Department: City Council t Presenter: Daren Nygren, Council President Phone: (360) 473-5280 SUMMARY: Attached are the minutes for the Council Meeting held Se po\- e"", Ioe.-r- ;;>. 8, d. 0 () S- f A TT ACHMENTS: Minutes for Septe""" Ioee a~ aOD~ . FISCAL IMP ACTS (Include Budgeted Amount): 0 APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: CONSENT AGENDA [2J OPERATIONS: COUNCIL PRESIDENT: ~~ RECOMMENDED MOTION: Move to pass the Consent Agenda as presented. COUNCIL ACTION: n Approve n Deny n Table n Continue o No Action DIGITAL RECORDING CITY COUNCIL MEETING MINUTES September 28, 2005 The weekly meeting of the City Council of the City of Bremerton was called to order in the Meeting Chambers, Norm Dicks Government Center, 345 6th Street, Bremerton, Washington, Wednesday, September 28, 2005, at 5:30 P.M., with Council President Daren Nygren presiding. Council members present were Mike Short, Will Maupin, Carol Arends, Dianne Robinson, Mike Shepherd, Wendy Priest, Cecil McConnell, and Brad Gehring. Also present were City Attorney Roger Lubovich; City Clerk Paula Johnston; and Council Assistant Christine Grenier. The meeting opened with the Pledge of Allegiance led by Council Member Cecil McConnell, followed by the invocation provided by Pastor Orin CovinQton of Central Kitsap Christian Church. President NVQren made the following announcements: 1. A Pre-Council session was held in the Council Conference Room to discuss updates to the meeting agenda; and a 15-Minute EXECUTIVE SESSION was held to "Review the Performance of a Public Employee" per RCW 42.30.110 (1) (g); 2. Invited the public to attend the Study Session immediately following the Council Meeting and reminded the public that if anyone wishes to receive a copy of the agenda, feel free to contact the Council Office at (360) 473-5280 or visit the City's website at http://www.ci.bremerton.wa.us. 3. Commented that it has been some time since a full Council has been in attendance due to extended absences by Council Members Wendy Priest and Carol Arends, and welcomed them back. PUBLIC SERVICE ANNOUNCEMENTS Dale BurQener, Fraternal Order of Eagles, announced that the Annual Poker Run and Walk to benefit Neurofibromatosis research will be held on October 8th at 10:00 AM beginning at the corner at the Eagles Hall located at 6th & Washington, at a cost of $5 per person which will include hotdogs provided after the event; and a breakfast will also be offered preceding the event at 9:00 AM which will cost $3 per person. CONSENT AGENDA A. Checks 302830 through 303008; and EFT-8588 through EFT-8600 for the period ending September 28, 2005 in the amount of $878,274.05; and Regular Payroll for the period ending September 15,2005 in the amount of $646,695.47 (#AB05-224) 5:35:15 M/S/C/U (Priest/McConnell) Move to approve Consent Agenda as presented. PUBLIC HEARINGS 5A- RESOLUTION NO. 2973 REAFFIRMING AND RATIFYING RESOLUTION NO. 2971 APPROVING BOUNDARY LINE ADJUSTMENT; AND AUTHORIZING QUIT CLAIM DEEDS TO PROPERTY OWNERS ADJACENT TO THE CITY PROPERTY (CAPITAL HILL FIRE STATION AND FOREST RIDGE PARK) (#AB03-173): Ken Mickelson, Parks and Recreation Director explained that the City approved Resolution No. 2971 approving boundary line adjustment and authorizing quit claim deeds to property owners adjacent to City property on July6, 2005. Pursuant to BMC 13.12.020, following submission of a reporter recommending the sale by the Parks and Recreation Board, two public hearings and unanimous approval by City Council is required, in order to sell portions of the subject property. Proceeds from the sale of the park property will be placed in the Contingency Fund and designated for Parks and ---_._._------~ ~------- I City Council Reg. Mtg. Minutes September 28,2005 Page 2 of 2 Recreation purposes. Public hearings were scheduled August 3, 2005 and September 28, 2005. Roaer Lubovich, City Attorney summarized that this is the second reading of this resolution and Council will need to take action at this time. There were no comments from the public. Mr. Shepherd asked where proceeds of the sale would be directed. Mr. Lubovich responded that the proceeds of the sale would first be placed in the Contingency Fund and then dedicated back to the Parks Fund. Mr. Gehrina requested for clarification regarding structures on the south side of the property, specifically if the structures are located on parks or fire property. Mr. Lubovich answered that it could not be determined at the time of the hear~ng. Mrs. Arends was satisfied that details between property owners and the City have been worked out, and would support the boundary line adjustments. Mr. McConnell emphasized that these adjustments are necessary because initially the street and property line do not line up and was an inadvertent encroachment. Mr. Lubovich affirmed that the property owners would pay for property at fair value to correct this encroachment. 5:41 :45 M/S/C/U (Arends/McConnell) Move to pass Resolution No. 2973 reaffirming and ratifying Resolution No. 2971 approving boundary line adjustments, and authorizing the Mayor to execute quit claim deeds in favor of the residential property owners adjacent to the Capital Hill Fire Station and Forest Ridge Park properties. With no further business, the regular meeting of the City Council was adjourned at 5:43 P.M. Council then reconvened in Council Conference Room 603 for a STUDY SESSION to hear presentations on upcoming agenda items. Prepared and Submitted by: IL- - Jrt.~~~ ' .?f:Lo Christine Grenier Council Assistant Attest: PAULA JOHNSTON, City Clerk DAREN NYGREN, City Council President City of Bremerton CA/PJ/ls/cge ----- DATE SUBMITTED: 9/21/05 BILL # OS -.;>.~~ AGENDA BILL CITY OF BREMERTON 5)) CITY COUNCIL ........................................................................................ SUBJECT: Bid Award Recommendation - Committee Meeting Date: 9/28/05 Hydraulic Passenger Elevator Replacement COUNCIL MEETING Date: 10/05/05 and Modernization Department: PW&U Presenter: Wayne Hamilton Phone: X 5207 SUMMARY: Call-For-Bids was prepared, advertised, distributed and received in accordance with City Bid Procedures. Two (2) bids were received. The low bidder is Thyssen Krupp Elevator, Univeristy Place, Washington. The City of Bremerton uses this company for elevator service and maintenance in its facilities and this company has proven to be a responsible, reliable and cooperative company. ATTACHMENTS: Bid Tabulation Form FISCAL IMPACTS (Inc1ude Budgeted Amount): $80,000.00 ;'^- .fGt.v~vt~FuvoJ LOs-Caf)ita..I for 2ODS--' APPROVALS: //<--<) / 'F .. If i, DEPARlMENT DIRECTOR: y-'A:.f {~~ CITY ATTORNEY: \~<.- ~~~ FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: Al' , , CONSENT AGENDA (K1 -/"~I ,_ _ ?l ;<"".J"~) 4/ ' ._ -~' J OPERATIONS: !1)~ ~ ~./ COUNCIL PRESIDENT: RECOMMENDED MOTION: That the City Council approve the low bid of Thyssen Krupp EleV~UthOrize the Mayor to execute the contract for the Hydraulic Passenger Elevator Replac ent and Modernization, subject to City Administrative Policies and Procedures. '"" 'f fl., . i "I, , 1ri"l(;'(lA,'. ' ~j i I" \\;'l i\..r, 1 l COUNCIL ACTION: 0 Approve o Deny o Table o Continue o No Action --- ~~ \ .- ~ cD ~ IQ (p - \ \- ,-- ,- a ,,^ ,,{0 F 0" \ JJ j ~ ('1"1 J 1\ (/J 0 ": . \j) \-L; ';1 ~ G 1 \ \ 4.\- 0 ~ \ ) (/J ~r- '" -' \ J ~ c '-f. ~ __ ~.!i: cD 7'J.J> ~ " ~ r ~" \' m ~ '& (/J " r ~~_, u.I - '..~ -' ~ _ ry 4 o (/J ~ w '" ~ \ o ~ m ~ u.I 0 r u.I z " _ r u.I ~ 4 ~ ~ ~ 0.... i= Z ~ (/J o z u.I (/) u.I ~ Q \,:: ~ ffi w~ WW ~5 '" ~~ ' ~~ ~ o~ _~ u.I o~ .... 'J r: u...... . -- ol- ~ o t;;,jQ t= - - . ~ ~ IXI '" ;;:. ;..; 0 ~ ~ \- \. - <: - " ,~ _ ,_ w m III 0 ~...- (.) ? 1'1 z ..) " " 'J) .:,_ w \,:: "4 - \,0 :l ~ r ,I) - ,~ "" 0 _ 0 0'" :' Q r ~ ~ Q u.I ~ ~ ~ '>i q ;; ~ 1-' w"S:' \- W "}., '_ r::. '-.:J ~ ~~ t'^ I:.D ,.:-' 0 ,:t- 'v 5\ 'j Q ~ q d f- = Pc ~ ~ ':. ~ It: 'f' 4 '" ~ ?:,I ~ W ~ ~.~"'~ '-J 0 ':?"". \1> ~ 0 ':l,.u..\ '" o "" ' j :::> g "-<- 0 " · .' ";:;:\ _... \ ,\ (/)Ct:I ",-.J 9 JD o ~ ~ .~ ~ ~~ ' 0 w::" is c, ~~ ffi Z u. "", " ,j"iS D.- ..0 0 ,~v I- >"" 1~ , ' ~ u.I ,f..' " J\ 0 ~-' ~ ~ ~ 8"':, ~ 'i'15 }J ~ r 0 <( \,,1 \""" ,,' _ u.l Z ~~ 7:., %c. \,,'If, "'IF r r ," ~ \ \ I"" o <( \\-\ \ - \ co 0 \ "'-", ~-~ DATE SUBMITTED: September 19, 2005 BILL # 05- ~~'1 AGENDA BILL SE CITY OF BREMERTON CITY COUNCIL ...........................................................................................1 SUBJECT: CONTRACT AWARD - Committee Meeting Date: September 28, 2005 Nordic Construction, Inc.- COUNCIL MEETING Date: October 5, 2005 Reservoirs No. 21 & 22 - Seismic Upgrade Department: Public Works & Utilities ~y Presenter: Dan Miller Phone: 473-2314 SUMMARY: Bids were opened on Wednesday, September 14,2005 for Reservoirs No. 21 & 22, Seismic Upgrade Project. A total of seven (7) bids were received for the project (see attached Bid Opening List). The low bidder is Nordic Construction, Inc. from Tacoma, W A for the Total Lump Sum Bid of $83,569.00. The total contract amount, including Washington State Sales Tax, is $90,755.93 The engineer's estimate was $121,000 to $128,000: Reservoir 21 (3MG) $91,500 to $94,000; and Reservoir 22 (O.2MG) $31,000 to $34,000 (see attached Engineer Estimates). ATTACHMENTS: Bid Opening List; Reservoir 21 & 22 Aerial Photos; Engineer Estimates; and Nordic Construction, Inc. Reference Check. FISCAL IMP ACTS (Include Budgeted Amount): Budgeted in Water 2005 in the amount of $353,000 to include Reservoirs 10 N&S ($98,674), Reservoir 21, and Reservoir 22 for 100% cost funded by FEMA-Hazardous Mitigation Grant Program. APPROVALS: /-", , DEPARTMENT DIRECTOR, CITY ATTORNEY: - -- ...-"................ _.~-". ~~., .,,""' ~--='=;="""":~-"""-'"'= FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: ,a)j!!!};7k:~' - CONSENT AGENDAJIf OPERATIONS: L-.d{/t1~#" t _e-<J;. .:;:_/ '. fi COUNCIL PRESIDENT: -p~~ ~- RECOMMENDED MOTION: That City Council approve the contract award to Nordic Construction, Inc. in the amount of$90,755.93 including Washington State Sales Tax, and authorize the Mayor to fInalize and execute the contract. COUNCIL ACTION: 0 Approve o Deny o Table o Continue o No Action err" of eREMERiO\'! 6\D -( J\6\JLJ\ 1\ON \\10 III It {Z[?{'[_'Loi{'y,:~j?~;~J)-f-jffI-d-G OPENED B'{: ~ .. . q~ f_ <;' liME OPE~EO_iL.2.Lfffi--- RECORDED pN'. 01\ IE ()\'H~ I'. \) _--1-'(_0---/--- _---.------~- rn::.M 4\ \1EM 5 \"tEM 6 ...... _--/ // _-----:j-\1EM0 ~ ~Nif()\ BIOOER BO~Or:~l_ -&..~i&_i.<2-tzJ-' ///_- 9K J)O 00. :.-. [G ( t &.3'1;;21 3'-f'{23-1-~ r s C\ €v . 'le'f',ev t).-. - lr< - --~ --- - N d' . J5~.3LW3-':-0,2dUJ!1 .otlc.LO^-St:------- ---_/- --- L:; --in fcJ (oAS -t J jQ3,.'JJ)1- _Y2,1 0(2- 3:t,SJ1Q111 (LY\ ljA..f...{ ---..-., /- .' . ._ .., _-..- . I R - . VlA t GC \f{! \ CD0--r- / '13~_32f"X'2-- . .? . jlY. (L _- .... / _--/- _-4 . 00 :J" 6D let i :(""(../ .:1// 23,Z(2Q2~/J.(i2- .fl1~2Q0. lfV\ (Sf; (ots-r GI 0 ~9j----"E-U2D-f-33'OQO- ~ o ... .. _._f / I?~ 9{j). . < _ C _ -r. v. .'l!2,oD-0---.if!.e. 'lQf2---- _-------r-. t:fi t A2 >1-'>- .-.-/./. I -_....---------- ..-----.----- --------------- . SUNltJ\';:K'I':==-= ~::::Ic51]>'bl3"lCi-==~~~~;; f-SI\MA If- \\~c SA\.f-S I p;j..) $ }\pr~R[~\;fC()\N 8\D\)cf{ NeC' ewe;!' /'i3-tSJ/!.,OJ2// -// 0(1 C. .----- s,e.OctO i oW B'D~'" 9< 0 ~ . (). 0 .--.----. r. if . kr {;70uJlCLL-./ _~,2.i1--// l jl Grl. t----- _n- . II \\8.D lOW \:I\\)DER , . I 'OL )0(2. OQ.--/-/'// ........_..--.---.. "...-_.----... _ . r~" -.--'" CITY OF BREMERTON COST ESTIMATE RESERVOIR 21 - SEISMIC UPGRADE Location: 6002 Kitsap Way & Austin Drive (adjacent to NAD Park) Capacity: 3MG Tank Diameter: 95 Feet Tank Height: 60 Feet Reservoir 21 - Interior Concrete , - .> Foundation Ring:: .... Task Measure Quantity Value Extension - Mobilization and Clean Bottom ofTank Each 1 $ 3,500.00 $3,500.00 - Tank Opening Cutting & Remove Each 1 $ 1,000.00 $1,000.00 - Tank Opening Re-Welding Each 1 $ 3,000.00 $3,000.00 - Tank Repair / Repainting of Exterior/ Gasket Each 1 $ 5,500.00 $5,500.00 - Caulking LF 290 $ 11.00 $3,190.00 - Equipment (Heavy) month 1 $ 3,500.00 $3,500.00 - Horizontal Welded Headed Anchors Each 580 $ 3.50 $2,030.00 Concrete Ring Cubic Yard 117 $ 325.00 $38,025.00 - Subtotal $59,745.00 - - General Conditions @ 14% $8,364 Subtotal $68,109 - Insurance @ 1.15% $783 - B & 0 Taxes@ 0.54% $368 Small Tools & Safety @ 3% $2,043 Performance & Payment Bond @ 1.5% $1,022 Subtotal $72,325 - - Contractor's Overhead & Profit @ 8% $5,786 Subtotal $78,111 WSST @ 8.6% $6,718 Project Total $84,829 Contingency 10% $8,483 Engineer's Estimate $ 93,312 - - Estimate .................. Say ........................ $91~500 to $94~OOO. Seismic Upgrade Estimates 8/15/05.DJM CITY OF BREMERTON COST ESTIMATE RESERVOIR 22 - SEISMIC UPGRADE Location: Bremerton Watershed (Secured Site) Capacity: O.2MG Tank Diameter: 35 Feet Tank Height: 32 Feet Reservoir 22 - Exterior Concrete Foundation Ring Task Measure Quantity Value Extension -- Sitework: EarthworklTrench & Backfill Cubic Yards $ 3,000.00 24 $3,000.00 --- Concrete Ring Cubic Yard 24 $ 325.00 $15,000,00 ~ Caulking LF 110 $ 11.00 $1,208.90 ~ Equipment (Heavy) month 1 $ 3,500.00 $3,500.00 Horizontal Welded Headed Anchors Each 110 $ 3.50 $770.00 ~ LS $ 100.00 $100.00 Landscape Restoration 1 Subtotal $23,579 General Conditions @ 14% $330 ~ Subtotal I $23,909 -- Insurance @ 1.15% $275 ~ B & 0 Taxes @ 0.54% $129 ~ Small Tools & Safety @ 3% $717 ---- Performance & Payment Bond @ 1.5% ------------ $359 Subtotal --- $25,389 Contractor's Overhead & Profit @ 8% $2,031 Subtotal $27,420 -~._,- WSST @ 8,6% $2,3581 -. Project Total $29,718 -- Contingency 10% $2,978 I ---~-~-------~--- -- $ 32,756 j Engineer's Estimate ----. -r------~ ! """"",,- ~"'" i i , i ---~---------------- --- -----------1-___~~_____ ..J Estimate 000... ............... Say... ... ......... ..... $31,000 to $34~OOO. Ssismic Upgfade Estimates 8tj 5j{J5.D.Ji~,t <!dNORDIC CONSTRUCTION General & Mechanical FAX COVEF~ SHE E T DATE: September 14, 2005 TO: City of Bremerton PHONE: (360) 473-2314 FAX: (360) 473-5018 ATTENTION: . Dan Miller FROM: Martin Ericksen PHONE: (253) 922-3100 FAX: (253) 922-4594 : ! RE: Reservoirs No. 21 and 22 Seismic Upgrades ; i Number of pages including cover sheet: 1 I 1 j j Hello Dan, The follow is a short list of references. ! 111 Rocky McElderry, Senior Project Manager Centennial Contractors, 206 730&7840 Dave Hall, Lakewood "'!ater District (253) 279-7514 III Bill Connolly, Chief of Maintenance, Yakima Research Station (509) , 577 -3460 Ext. 107 , - txu~ ~ III Jamey Barker, Senior Engineer, .<:ing County (206) 296-8444 p~/b;~M &#.IY;&l -Danny Miles, Snohomish County PUD(425) 783-8312 Virvl{ f3triL$f/a-tJ ~ I . \It Denis Fitzpatrick, USACE Retired, NACE Inspector. (253) 228-1137 ~/h?til~ o'wod -:AAt:Lf George Jackson, Engineering Construction Coordinator, City of Tacoma (253) 591-5789 III Anna Jacobs, U.S. Air Force ProjE~ct Manager, (253) 982-9026 WI.' M#~ Ran~y Parker, Ma~ac Construction, (360)871-8001 'W ~. . ''11M." DaVId Kingsbury, King County, (206) 263.3211 'd/f!, UIt;JaI) j ~Ukwenga OIaru, King County (206) 263-3214 1 ~ (.; wbd .. Patrick Kloster, Alutiiq (253) 964-1645 ! - l Thank you, Martin Ericksen I 106 -- S51M Avenue East.. Tacoma, WA 98424-2426 .. Phone: 253-922-3100 " Fax: 253-922-4594 Contractor's License No. NORDICI11 OlZ "An Equal Opportunity Employer" l d Lll8Ll0909 'ON/lp'9[ 'lSnp:9l 9003 pl 6 !01M) I~Nn~ ~la~ON WO~j DATE SUBMITTED: September 15,2005 BILL # 05 - 230 AGENDA BILL CITY OF BREMER TON SF CITY COUNCIL ........................................................................................ SUBJECT: Rebate from Risk Management Committee Meeting Date: September 28, 2005 Fund COUNCIL MEETING Date: October 5, 2005 Department: City Attorney's Office Presenter: Peggy Lesser ~~ Phone: 473-5302 SUMMARY: There is an immediate need to mitigate potentially dangerous conditions at Lions Field and to re-equip Bremerton's police force with appropriate body armor. The Mayor proposes, and Risk Management supports, rebate from theliisk Management Fund's higher-than-budgeted beginning fund balance to fund these projects. ATTACHMENTS: 1. Position paper outlining the proposed transactions. 2. Bullet Proof Vest Program Fact Sheet FISCAL IMPACTS (Include Budgeted Amount): The Risk Management Fund's 2005 Ending Fund Balance will be approximately $64,000 lower, but still within budget. APPROVALS: DEPARTMENT DIRECTOR: (--_....__.__~-::__.. ~0~i{;~=~OR: ~~._- ._~ 4' ). -7 , FISCAUBUDGET: / &0 .'- . :! 1/ ,. d .t / CONSENT ~ !X) OPERA nONS. /4tr:AL_e:~, !.. ,_"-V /~d~".-/ COUNCIL PRESIDENT: ~~ ~ I RECOMMENDED MOTION: I move that the City ounci1 authorize: 1. A rebate of$63,796 from the Risk Management Fund. 2. Expenditure authority for the Parks Department to make $20,000 of improvements at Lions Field. 3. A transfer of $20,000 from the Contingency Reserve Fund to the Police Department to be reimbursed by the National Institute of Justice. 4. Expenditure authority for the Police Department to purchase body armor for $40,000. COUNCIL ACTION: D Approve D Deny D Table D Continue D No Action Proposed Rebate from Risk Management Fund The Risk Management Fund began 2005 with a beginning cash balance of $1 ,365,572. This exceeded the budgeted beginning fund cash balance by approximately $78,000. It also exceeded the estimated liability of the fund at year-end 2004 by approximately $365,000. The Risk Management Fund's performance during 2005 is expected to remain within budget. There is an immediate need to mitigate potentially dangerous conditions at Lions Field and to re- equip Bremerton's police force with appropriate body armor. Neither the Parks Department nor the Police Department has funds budgeted for these expenses. The Mayor proposes, and Risk Management supports, a rebate from the Risk Management Fund in support of these projects. All rebates from the Risk Management Fund to general fund departments require an appropriate rebate to the utility funds in approximately the same proportion that these funds make contributions to the Risk Management Fund. The proposal is to rebate $63,796 to the following departments: Parks Department $20,000 for improvements at Lions Field Police Department $20,000 for 50% ofthe cost of body armor Water Utility $ 9,569 Wastewater Utility $12,823 Storm water Utility $ 1,404 The proposal also contemplates a $20,000 payment from the Contingency Reserve Fund to cover 50% of the cost of replacing the body armor. It is anticipated that this amount will be reimbursed by the National Institute of Justice and then credited back to the Contingency Reserve Fund. City Council action is requested to authorize: 1. A rebate of$63,796 from the Risk Management Fund to City funds as specified in this memo 2. Expenditure authority for the Parks Department to make improvements at Lions Field-$20,OOO 3. Expenditure authority for the Police Department to purchase body armor-$40,000 4. A transfer of $20,000 from the Contingency Reserve Fund to the Police Department to be reimbursed by the National Institute of Justice U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance Bulletproof Vest Palrtnership PROGRAM FACT SHEET History The Bulletproof Vest Partnership (BVP), created by the Bulletproof Vest Partnership Grant Act of 1998 (Public Law 105-181) and reauthorized by the BVP Act of 2000 (Public Law 106-517), is a unique U.S. Department of Justice initiative designed to provide a critical resource to state and local law enforcement. Since 1999, over 11,500 jurisdictions have participated in the BVP Program, with $118 million in federal funds committed to support the purchase of an estimated 450,000 vests. The Office of Justice Programs' Bureau of Justice Assistance (BJA) administers the BVP Program. Eligibility Eligible jurisdictions include general purpose units of local govE~rnment such as cities, counties, parishes, and municipalities; federally recognized Indian Tribes; the 50 states; the District of Columbia; American Samoa; Guam; the Northern Mariana Islands; Puerto Rico; and the U.S. Virgin Islands. Eligible law enforcement officers for BVP Program purposes include police officers; sheriff deputies; correctional officers; parole and probation agents; prosecutors; and judicial officials. Funding BVP funds up to 50 percent of the cost of each vest purchased or replaced by law enforcement applicants. Only vest models that comply with the requirements of the Office of Justice Programs' National Institute of Justice (NIJ) may be purchased with BVP Program funds. The BVP Act of 1998 requires that at least half of all appropriated funds support applications from jurisdictions with populations under 100,000 people. When the BVP Program was reauthorized for an additional three years (FY 2002 - 2004), a new allocation principle required funding the full 50 percent of requested vest needs for applications from jurisdictions under '100,000, with any remaining funds available for applications from jurisdictions over 100,000 people. Vest Selection In November 2003, Attorney General John Ashcroft announced a Body Armor Safety Initiative in response to the failure of a bullet-resistant vest worn by a police officer in Pennsylvania. NIJ was directed to initiate an examination of Zylon@-based bullet-resistant vests (both new and used) and to review the existing program by which bullet-resistant vests are tested to determine if the program needs modification. Having completed its latest phase of ballistic and mechanical properties testing, NIJ has determined that used Zylon@ - containing vests may not provide the intended level of ballistic resistance. In response to this determination, NIJ has issued a body armor standard advisory notice concerning Zylon@ , and has issued new interim requirements for its body armor compliance testingl program that will become effective on September 26, 2005. Until the effective date of the interim requirements, jurisdictions that participate in the Bulletproof Vest Partnership Program Fact Sheet BVP program will be ineligible to receive payment for new ordl~rs placed for any body armor vest that contains Zylon@. A list of vest models that comply with the NIJ interim requirements will be maintained at: http://www. iustnet.orq. Additional Funds for FY 2005 Pursuant to the FY 2005 Department of Justice Appropriations Act, $23.6 million was made available for the purchase of vests through the annual BVP Program application process. Further to the Body Armor Safety Initiative, to better meet the vest replacement needs of America's law enforcement agencies this year, Attorney General Alberto Gonzales will make an additional $10 million available immediately. This additional funding will be available through a special BVP solicitation that will open on August 24, 2005 and close on September 22,2005. How to Apply The entire BVP application and payment process occurs online at https://vests.oip.qov. Related Links FY 2005 BVP Payments Contact Linda Hammond-Deckard, Program Manager Bureau of Justice Assistance Office of Justice Programs U.S. Department of Justice 810 Seventh Street NW Washington, DC 20531 1-877 -758-3787 Linda. Hammond-Deckard@usdoi.qov Bulletproof Vest Partnership Program Fact Sheet DATE SUBMITTED: September 27,2005 BILL # oS '~3J AGENDA BILL CITY OF BREMERTON 4A CITY COUNCIL ........................................................................................ SUBJECT: Public Hearing and Resolution Committee Meeting Date: September 28, 2005 No. ~ (1 e j to surplus property and approve COUNCIL MEETING Date: October 5,2005 the sale to Bealko, Inc. of 38.89 acres of Department: PW&U City-owned land in Tracyton for $1,400,000 Presenter: Phil Williams Phone: 473-5755 SUMMARY: The City has received and evaluated a proposal for the purchase of the 38.89 acre Tracyton property. The successful proposal is a $1,400,000 offer from Bealko, Inc. for construction of a residential development of 100 units on approximately half of the site. The actual lot count and development details will be determined during the preliminary plat process. ATTACHMENTS: Proposed Resolution; Proposed Purchase and Sale Agreement with Bealko, Inc. FISCAL IMPACTS (Include Budgeted Amount): $1,400,000 revenue to Water Utility APPROVALS: ~~~, DEPARTMENTDIRECTOR:~:::9 _.---" - :""~~ ::~:~=~OR ~~--' ,-<" , ~ ft' \~~ FISCAUBUDGET: . . A.<< " ,C;;.;:::t:; . - CONSENT AGENDCfP OPERATIONS. ~-~<"<' ,/_c/ ,..-,'<.,.--.- lJ 0 I COUNCIL PRESIDENT: 21'/\/\..(.....- {\/~'\..~ . RECOMMENDED MOTION: Move to pass ResolutIOn No. ;;.:1/l1) 1 declanng the Tracyton property surplus to the City's needs and authorizing the sale of the property to Bealko, Inc. for $1,400,000 and further to modify the 2005 budget to place the earnest money proceeds into Fund 401. COUNCIL ACTION: D Approve D Deny D Table D Continue D No Action --- - -------.--- RESOLUTION NO. ~t 'i '6 i A RESOLUTION of the City Council of the City of Bremerton, Washington, declaring certain public utility property surplus to the City's needs and approving a sale of the property in accordance with the provisions of BMC 2.78.040 and RCW 35.94.040. WHEREAS, the City has received an offer to purchase the public utility property legally described in Exhibit A from Bealko, Inc., for $1,400,000, which sum is the fair market value of the property; and WHEREAS, the City Council has determined that the property is surplus to the City's needs and is not required for providing continued public utility service; and WHEREAS, pursuant to BMC 2.78.040 and RCW 35.94.040, a public hearing was held on October 5,2005 relating to the proposed surplus and sale of the property; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The public utility property legally described in Exhibit A is hereby declared surplus to the City's needs and is not required for providing continued public utility servIce. SECTION 2. The Director of Public Works and Utilities and the City Attorney are hereby authorized to finalize a purchase and sale agreement with substantially the same terms and conditions as set forth in the proposed agreement attached as Exhibit B authorizing the sale of the property to Bealko, Inc. for $1,400,000. SECTION 3. The Mayor is authorized to finalize and execute any and all documents, including but not limited to, the purchase and sale agreement, statutory warranty deeds and real estate excise tax affidavits, necessary to complete the transaction. SECTION 4. Severabilitv. If anyone or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. 1 Surplus and Sale of Public Utility Property ( SECTION 5. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. PASSED by the City Council of the City of Bremerton, Washington this _ day of ,2005. DAREN NYGREN, Council President APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney PAULA JOHNSTON, City Clerk R:\LEGAL\Files\Current Active Files\Tracyton Watershed Sale\Surplus and Sale Resolution.2.doc 2 Smplus and Sale of Public Utility Property EXHIBIT A LEGAL DESCRIPTION SW VI NW VI EXC FDP BAT NW COR OF SD SEC TH S2057'05W 2778.15 FT TO Wl/4 COR OF SD SEC TH N89058'24E 560 FT TH N2057'05E 400 FT TO POB TH CONT N2057'05E 220 FT TH S89058'24W 220 FT TH S2057'05W 220 FT TH TH E TO POB TGW & SUBJ TO ESMTS EXCLUDED PROPERTY: [If sale is approved by City Council, Buyer will prepare legal at its expense for the excluded property] REAL ESTATE PURCHASE AND SALE AGREEMENT WITH EARNEST MONEY PROVISION (Tracy ton Property) This contract controls the terms of the sale of real property. (Please read carefully before signing.) This Agreement is entered between the CITY OFBREMERTON, a Washington municipal corporation, whose mailing address is 345 6th Street, Bremerton, Washington 98337, ("Seller"), and BEALKO, INC., a Washington Corporation, whose mailing address is , Washington, ("Buyer"), for the sale and purchase of real property as follows: 1. PROPERTY. The property, which Buyer agrees to buy and Seller agrees to sell, including all improvements and appurtenances situated thereon is commonly known as the Tracyton Property and is located at , Bremerton, Washington (the "Property"), and which Property is legally described in Exhibit A, attached hereto and incorporated herein by this reference. The Property excludes approximately 1.11 acres ofland and the water tank situated thereon as well as access to and from said excluded parcel. Said exclusions are set forth in Exhibit A. Certain timber harvest is also reserved by the Seller as set forth in Paragraph 12 below. A map indicating the location of the Property is attached as Exhibit B, incorporated herein by this reference. 2. EARNEST MONEY. Received from Buyer, Two Hundred Fifty Thousand and Noll 00 Dollars ($250,000.00) as earnest money and part payment on the purchase price of the Property. 3. PURCHASE PRICE. The total purchase price for the Property is One Million Four Hundred Thousand and No/I00 Dollars ($1,400,000.00), including earnest money ("Base Price"), payable on closing. The base purchase price will be $1,400,000.00. This number may be adjusted based on the final number oflots in the approved preliminary plat. The base sale price assumes 100 individual lots will be approved. Buyer agrees to pay the City an additional $15,000.00 per approved lot over 100 lots to a maximum of$300,000.00 (assumes 120 lots are approved). Additionally, the City agrees to reduce the Base Price $15,000.00 per approved lot for each lot less than 100 approved lots for a maximum Base Price reduction of $300,000 (assumes only 80 lots are approved). Upon approval of the preliminary plat, Buyer agrees to pay City the adjusted Base Price minus Earnest Money and applicable closing costs at closing. 4. CONTINGENCIES. This agreement is contingent upon: (a) Acceptance of its terms by the Bremerton City Council. (b) If less than 80 lots are approved during the platting process, Buyer may terminate this agreement at its sole discretion. REAL ESTATE PURCHASE AND SALE AGREEMENT Page 1 of 1 EXHIBIT B (c) The Property being annexed into the City ofBremerton. Should any of these contingencies not be met prior to the closing date in Paragraph 8, then this Agreement shall terminate except neither Buyer nor Seller shall have any further rights, duties or obligations hereunder, except that the Earnest Money held in escrow shall be immediately returned to Buyer. 5. CONVEYANCE AND CONDITION OF TITLE. The title to the real property shall be conveyed by Seller to Buyer at closing by Statutory Warranty Deed, free and clear of all liens, encumbrances or defects except those described in Paragraph 6 below. 6. TITLE INSURANCE. At Closing, Seller shall cause Land Title Company, whose address and telephone number is , to issue a standard form owner's policy of title insurance to Buyer in an amount equal to the total purchase price of the Real Property, and insuring the Real Property be discharged by Seller shall be paid from Seller's funds at Closing. If an extended coverage owner's policy is requested by Buyer, then Buyer shall pay the increased costs associated with that policy including the excess premium over that charged for a standard coverage policy, and the cost of any survey required by the title insurer. For purposes of this Agreement, the following shall not be deemed encumbrances or defects: rights reserved and federal patents or state deeds; building or use restrictions consistent with current zoning, and utility and road easements of record. If title cannot be made so insurable prior to the Closing date called for herein, unless, Buyer elects to waive such defects or encumbrances, this agreement shall terminate. 7. CLOSING COSTS AND PRO-RATIONS. The cost of escrow shall be shared equally between Buyer and Seller, except those fees which are expressly limited by Federal Regulation. Seller shall pay for excise tax and revenue stamps. Taxes for the current year, rents, interest, Association, Condominium and/or Homeowner's fees, water and other utility charges, if any, shall be pro-rated as of date of closing unless otherwise agreed. 8. CLOSING OF THE SALE. WITH THE UNDERSTANDING THAT TIME IS OF THE ESSENCE FOR THIS AGREEMENT, this sale shall be closed no sooner than thirty (30) days but no later than sixty (60) after all contingencies set forth in Paragraph 4 are met but in no event later than ("Closing Date") which shall also be the termination date of this agreement unless said closing date is extended in writing by mutual agreement ofthe parties. When notified, the Buyer and Seller will deposit, without delay, in escrow with Land Title Company, , Bremerton, Washington 98_, all instruments and monies required to complete the transaction in accordance with this agreement. Closing, for the purpose of this agreement, is defined as the date that all documents are executed and the sale proceeds are available for disbursement to the Seller. REAL ESTATE PURCHASE AND SALE AGREEMENT Page 2 of2 9. CONDITION SUBSEQUENT TO CLOSING. In the event efan appeal ofthe plat of the property is filed prior to closing of this transaction, the following shall apply: (a) Condition Subsequent. If such an appeal results in a decision of a court of competent jurisdiction which decreases the number of buildable lots below 80, or makes development of 80 lots impossible or non-viable, Buyer may terminate this agreement at its sole discretion, and Seller will repurchase the Property for the purchase price paid by Buyer and neither Buyer nor Seller shall have any further rights, duties or obligations hereunder. (b) During the pendency of any and all appeals as noted herein, Buyer shall not perform any development activity on the Property unless this condition subsequent in subsection (a) is waived and released. (c) If an appeal of the plat as approved is not filed prior to closing of this transaction, this condition shall terminate and be of no force or effect. (d) This paragraph shall survive closing to the extent an appeal is filed prior to closing. 10. CASUALTY LOSS. If prior to closing, improvements on said premises shall be destroyed or materially damaged by fire or other casualty, this agreement, at option of the Buyer, shall become null and void. 11. POSSESSION. Buyer shall be entitled to possession on closing. 12. TIMBER HARVEST. The City will be given an option at its sole discretion to harvest any merchantable timber identified in the approved site plan as being in an area where development will occur. Should the City exercise this option it will remove the stumps remaining after removal of any trees. This provision shall survive closing. 13. SELLER'S REPRESENT A TIONS. Seller represents that: (a) Seller will maintain the property in present or better condition until time of agreed possession, (b) Seller has no knowledge or notice from any governmental agency of any violation oflaws relating to the subject property, and (c) the property is not encumbered by any leases. 14. SELLER'S ENVIRONMENTAL REPRESENT A TIONS. Seller represents that to the best of his /her knowledge that he/she is not aware of existence of, or has caused or allowed to be caused, any environmental condition (including, without limitation, a spill, discharge or contamination) that existed as of and/or prior to the closing date or any act of omission occurring prior to the closing date, the result of which may require remedial action pursuant to any federal, state or local law or may be the basis for the assertion of any third party claims, including claims of REAL ESTATE PURCHASE AND SALE AGREEMENT Page 3 of3 governmental entities. This provision shall survive closing. 15. INDEMNIFICATION. As partial consideration for the purchase ofthe Property, Buyer purchases the property and improvements "as is" and agrees to indemnify and hold harmless the Seller, against and in respect of, any and all damages, claims, losses, liabilities, judgments, demands, fees, obligations, assessments, and expenses and costs, including, without limitation, reasonable legal, accounting, consulting, engineering and other expenses which may be imposed upon or incurred by Seller, or asserted against Seller, by any other party or parties (including, without limitation, a governmental entity), arising out of or in connection with any environmental condition existing as of and/or prior to the closing date, including the exposure of any person to any such environmental condition, regardless of whether such environmental condition or exposure resulted from activities of Buyer or Buyer's predecessors in interest. This indemnity shall survive the closing. 16. DEFAULT AND ATTORNEY'S FEES. (a) Buyer's Default. IF BUYER DEF AUL TS HEREUNDER, SELLER'S SOLE REMEDY SHALL BE LIMITED TO DAMAGES AGAINST BUYER IN THE LIQUIDATED AMOUNT OF THE EARNEST MONEY PREVIOUSLY PAID THE BUYER. BUYER AND SELLER INTEND THAT SAID AMOUNT CONSTITUTES LIQUIDATED DAMAGES: AND SO AS TO A VOID OTHER COSTS AND EXPENSES TO EITHER PARTY IN CONNECTION WITH POTENTIAL LITIGATION ON ACCOUNT OF BUYERS' DEF AUL T. BUYER AND SELLER BELIEVE SAID AMOUNT TO BE A FAIR ESTIMATE OF ACTUAL DAMAGES. (b) Seller's Default. IF SELLER DEF AUL TS HEREUNDER, BUYER SHALL HA VE ALL THE RIGHTS AND REMEDIES AVAILABLE AT LAW OR IN EQUITY. (c) Attorney's Fees and Costs. In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. 17. NOTICE TO BUYER. This form contains provisions for an agreement for the purchase and sale of real estate. The Seller makes NO WARRANTY OR REPRESENTATION OF ANY KIND that this form, or any of its provisions, is intended to meet the factual and legal requirements of a particular transaction, or that it accurately reflects that laws of the State of Washington at the time you enter the agreement. THIS AGREEMENT HAS SIGNIFICANT LEGAL AND FINANCIAL CONSEQUENCES AND YOU ARE ADVISED TO SEEK INDEPENDENT LEGAL AND FINANCIAL COUNSEL REGARDING THESE CONSEQUENCES. If you do not understand the effect of any part, consult your Attorney before slgnmg. 18. NON-MERGER. The terms, conditions, and provisions ofthis Agreement shall not be deemed merged into the deed, and shall survive the Closing and continue in full force and effect. REAL EST A TE PURCHASE AND SALE AGREEMENT Page 4 of 4 19. NOTICES. All notices required or permitted to be given hereunder shall be in writing and shall be sent U.S. certified mail, return receipt requested, or by facsimile transmission addressed as set forth below: (a) All notices to be given to Seller shall be addressed as follows: Mayor City of Bremerton 345 6th Street, Suite 600 Bremerton, Washington 98337-1873 (b) All notices to be given to Buyer shall be addressed as follows: Either party hereto may, by written notice to the other, designate such other address for the giving of notices as being necessary. All notices shall be deemed given on the day such notice is personally served, or on the date of the facsimile transmission, or on the third day following the day such notice is mailed in accordance with this paragraph. 20. ENTIRE AGREEMENT. This agreement, including all incorporated exhibits, constitutes the full understanding between seller and buyer. There have been no verbal or other agreements that modify this agreement. 21. BINDING EFFECT AND SURVIV AL. This Agreement shall be binding upon parties hereto and their respective heirs, successors and assigns; and the terms, conditions and provisions of this Agreement shall survive the closing of this transaction. 22. DATE OF MUTUAL ACCEPTANCE. For the purposes of this Agreement, the date of mutual acceptance of this Agreement shall be the last date on which the parties to this Agreement have executed this Agreement as indicated below. 23. EXPIRATION OF OFFER. Buyer shall have only until 5:00 p.m. on , to accept the purchase and sale agreement as written, by delivering a signed copy thereof to the Seller or the Seller's agent. If Buyer does not so deliver a signed copy within said period, this agreement shall lapse and all right of the parties hereunder shall terminate. REAL ESTATE PURCHASE AND SALE AGREEMENT Page 5 of5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date set forth below. SELLER: BUYER: THE CITY OF BREMERTON BEALKCO, INC. By: By: Cary Bozeman, Mayor Its: Dated: Dated: By: Its: Dated: APPROVED AS TO FORM: By: Roger A. Lubovich, City Attorney R:\LEGAL\Files\Current Active Files\Tracyton Watershed Sale\REPSA- Tracyton Property. doc REAL ESTATE PURCHASE AND SALE AGREEMENT Page 6 of6 EXHIBIT A LEGAL DESCRIPTION SW ~ NW ~ EXC FDP BAT NW COR OF SD SEC TH S2057'05W 2778.15 FT TO Wl/4 COR OF SD SEC TH N89058'24E 560 FT TH N2057'05E 400 FT TO POB TH CONT N2057'05E 220 FT TH S89058'24W 220 FT TH S2057'05W 220 FT TH TH E TO POB TGW & SUBJ TO ESMTS EXCLUDED PROPERTY: [If sale is approved by City Council, Buyer will prepare legal at its expense for the excluded property] Map Layout Page 1 of 1 Kitsap County Parcel Search :"~;;~'-r ..-: '~j;Lj ..... ........i.". ~::::d ~.~ .. .....t.::.: i:1l . " . .,. .'... '.';' Road:Names .i~~\'Il*""~ \'~ , , Mill..., _,'f"~-;:' . .. <~ um ..... ..m ....,0.; ~;", I,i J~;:.;;... ,_:! ;"::; .. SYl.:VJ1.1N1I'l1li~" ". >;;, .i , 'c , ,><wo '" T~'~~:'::: :>",q \ '_ ; !'ji:; ....! 0224~1.2..o~3-2008. .. .~J . . . u Go Il\iro ht KiI:sa Il Go u nk2004 m.,' . . u DISCLAIMER: This map is intended for display purposes only and is not intended for any legal representations_ [Click here to Print] EXHIBIT B http://kcwppub3.co .kitsap. wa. us/we bsite/parcelsearch/presentation/ chameleon/PRINT .ASP?CMD... 9/26/2005 (9ty~ou~~~.: info'.for City Co-u,~~~m~~!in~S aT~~9P~~an'd ~:3()pm Vier} Oct 5~!.~~cytorWa~~rs~e~wo6ds .',~'=-~ '-=-= Pag~:J] f From: "Groulik Scot E KPWA" <sgroulik@kpt.nuwc.navy.mil> To: "Daren Nygren (Bremerton Council President)" <daren1698@yahoo.com>, "Bremerton City Council (CityCouncil@ci.bremerton.wa.us)" <CityCouncil@ci.bremerton.wa.us> Date: Wed, Oct 5, 2005 10:02 AM Subject: info for City Council meetings at 5:00pm and 5:30pm Wed Oct 5 - T racy ton Watershed Woods Greetings! A quote by the City of Bremerton's Mayor from an article in the Kitsap Sun 3/29/05: "But I am a huge believer in the power of green spaces and parks in urban environments. If you're going to ask a lot of people to live in a small space, you have to have some breathing room. You want a space where you go walk and hang out. It's kind of everybody's urban backyard." A neighborhood resident, Glenn Carden, informed me he wouldn't be able to attend the City Council meeting this evening, but asked the following: On the eastside of Pine road, between Roswell & Pinwood Dr., a developer has clear cut 9.45 acres to build 70 homes. In addition to this there is a proposal, from a King county developer, before the county to clear cut 8.28 acres just east of the Tracy ton Woods for a 48 home development and if Bealko gets his way that's another 80 -100 homes all of these within 1/4 mile of the other. Has anyone really looked at the true impact 200-plus new homes will have on traffic, the environment and the quality of life for the residents already living in this community? I attended the August 4th meeting to review the only proposal to develop the Tracy ton property that was submitted in response to the RFP that was announced. Please see the attached document that is a response to the proposal (response to 7-18-05 Bealko proposal...). During the August 11 th proposal review meeting, which included the proposed developer, it was stated by the proposed developer that the wetlands in these woods is a classification 1 (the most severe classification, and requires the biggest buffer). According to the REPSA (see attached document) the proposed housing density of up to 80 houses can't even meet the lowest housing density of the GMA (low density is 5-9 houses per acre), and 80 houses per 40 acres is only 2 houses per acre. Of course, the proposed development isn't a big lot size, in fact it's pencil lot size (or finger lot size), in order to get 80 houses jammed into what's developable. In order to get the up to 80 houses into the woods, they have to destroy critical area to reach the southwest corner of the property to build homes. There's no road access to this area. In conclusion, the entire property should be designated what is really is: critical area. .-~_____ ~_n,~~~~~'~-~~__'._~~___ _.~._---~.- )'" " -'p~iE1J ~_c1ty Coun<?il-inc!~"!?r gi!LSOun~i! me~!ings'~f5:0fiprr1,~';'d})9p~_Y:2e9~ct 5 ~_T r~cytonV\l~ters~~~ Wi:jjs """~'. x- , Respectfully submitted, Scot Groulik (1 st District of Bremerton resident) and a leading member of the Tracy ton Watershed Woods Coalition work ph: 360-396-4601 work email: sgroulik@kpt.nuwc.navy.mil home ph: 360-792-0279 home email: 4kidzone@comcast.net CC: "Patty Lent (plent@co.kitsap.wa.us)" <plent@co.kitsap.wa.us> ~ . Scot Groulik 3556 Ridgetop 0: Bremerton, W A 98310 (360) 792-0279 August 3, 2005 Mr. Phil Williams Director, Dept of Public Works & Utilities 3027 Olympus Dr Bremerton, W A 98310 Re: Bealko Development Response to RFP #186982, A Sale of Surplus Utility Land The proposal submitted by Bealko Development on July 18,2005 should not be accepted. In general, the cart is before the horse - meaning a significant amount of critical area would be destroyed first and then homes would be built. Instead, critical areas should not be part of the areas to be built on (or environmental worse case, truly minimized), and then determine if it's feasible to build on what's left. Continually encroaching upon critical areas needs to stop for the sake of the community at large. Also, there are too many open issues in the proposal that should be addressed prior to the proposed sale. There are several reasons the proposal shouldn't be accepted, and are outlined below: 1. The proposal doesn't satisfy Chapter 21.22 Critical Areas of the Bremerton Municipal Code. The proposal's estimate of 5.3 dwelling units per acre is actually much lower when all of the critical areas are taken into consideration, which then misses the City's goal of base density between 5 and 10 dwelling units per acre. 2. No public entries exist for this property, and a minimum of two are required. The proposal's proposed main entry (from east adjacent property) is tied to one of the three contingencies - preliminary plat approval of adjacent property. The proposal's second proposed entry, located by the Pinewood Community Pool, is not available and not acceptable by the community. 3. A traffic impact analysis should be performed prior to the proposed sale. A brief mention was made in the proposal that an analysis would be made as part of the preliminary platting process. 4. No details of their market research were presented in the proposal that might substantiate their claims they could build this development profitably. 5. The proposed arborist, Northwest Arborvitae, isn't given the authority to have their recommendations incorporated. It's very doubtful that an arborist employed by a developer will have the power necessary to significantly change any plans. I . . 6. A we-tland delineation is proposed to be conducted after the sale. An Environment5l1 Impact Statement (EIS) should be done prior to the sale by a responsible third party, and the EIS should be performed in accordance with WAC Chapter 197-11, and RCW 43.21C.240. It's also not in the community's best interest to have the proposed developer have any authority (implied or otherwise) over whomever performs the EIS, which would be the case if the proposed developer was responsible for an EIS (including associated costs). 7. The proposal calls for above average homes on below average lot sizes. The proposal plans to construct homes in the $250,000 to $500,000 price range, and lot sizes are small compared to adjacent residential homes. 8. The proposal clearly demonstrates financial ties between Bealko Development and Pageantry Communities. It would not be wise to believe there won't be any construction development direction by Pageantry Communities - direction that could very well override Bealko Development proposed intentions. 9. The Storm Water Plan (Figure 2) and the Water Plan (Figure 3) don't adequately address how the existing storm water run off will be handled. 10. The proposal is offered only upon completion of three contingencies, the highlights being: 1) property annexation by the city, 2) preliminary plat approval, and 3) completion of permit appeals. . There was only one response to the City's RFP #186982. This should be a key indicator that this property is very hard, or near impossible, to develop and still be profitable to a developer. In 1999 the property owner at that time, the Tracyton Water District, tried to sell the property for $1,000,000 but only received offers up to $600,000 - the main complaints being property access rights, wetlands and steep ravines/slopes. It's readily apparent the Bealko Development proposal would destroy a significant amount of critical area in order to construct homes. And as aforementioned, there are several other open issues (e.g., property access, potential city annexation, etc), which leaves a reviewer with little confidence that the proposal can be implemented. The open issues should be addressed prior to the proposed sale. "Many of the critical areas in Bremerton have been lost or degraded through past development." - as stated in the City of Bremerton Municipal Code 21.22. The community needs open space and this is one of the last spaces left untouched and all of the property (38.89 acres) should be zoned as critical area. It would behoove the City of Bremerton to stop proposed future destruction of critical areas (and immediately adjacent land), instead of encroaching upon critical areas. The Kitsap County Commissioner for this area, Patty Lent, expressed her opinion that this property shouldn't be developed. Patty Lent walked the property from the southern service entry 2 -- . to the northern border and back on February 17,2005. Cris Gears, Administrator for all three Kitsap County r1)w~issioners, expres<:p-a three options besides developing this pmperty -at the Bremerton City Council meeting March 2, 2005. This property resides within the county and should be properly zoned as critical area - all 38.89 acres. As one of the leading members of the Tracyton Watershed Woods Coalition, I'm requesting the Bealko Development proposal for the City's RFP #186982, A Sale of Surplus Utility Land, not be accepted. Respectfully Submitted, Scot Groulik 3 DATE SUBMITTED: August 16,2005 BILL # 05-~ AGENDA BILL CITY OF BREMERTON 1,) CITY COUNCIL .......................................................................................1 SUBJECT: Resolution No.;:;).q ~O Committee Meeting Date: September 14, 2005 amending Rules and Procedures for the City COUNCIL MEETING Date: September 21, 2005 Council Department: City Attorney's Office Presenter: Roger A. Lubovich Phone: 473-2345 SUMMARY: The City Council desires to update the Rules and Procedures for the City Council to provide for attendance at meetings via telephone. The proposed resolution amends the current rules of procedure to provide for attendance at meetings via telephone. ATTACHMENTS: Proposed Resolution FISCAL IMPACTS (Include Budgeted Amount): None APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: < FISCAL/BUDGET: CONSENT AGE OPERATIONS: COUNCIL PRESIDENT: RECOMMENDED MOTION: I move to pass Resolution No. 1'180 , amending the Rules and Procedures for the City Council a.5 o..rne..rd.ect +0 o...d.D- The woyds .. oV" 'VV\oY'~" b e..twc:...e..V\ "One." o..V'V:t · o~ 14 "' y\ +'-'e. \ ~+ 1 \ V'\e.. of ila.). COUNCIL ACTION:. ~rove o Deny o Table o Continue o No Action ~/ , \c RESOLUTION NO. 2980 A RESOLUTION of the City Council of the City of Bremerton, Washington, amending the Rules and Procedures for the City Council as adopted by Resolution No. 2951 to provide for telephonic appearances at City Council meetings under limited circumstances. WHEREAS, the City Council adopted Resolution No. 2951 on January 26,2005, which adopted Rules and Procedures for the City Council to conduct its business; and WHEREAS, the City Council desires to update the Rules and Procedures to provide for telephonic appearances at City Council meetings; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: . SECTION 1. Rule 1 of the Bremerton City Council Rules and Procedures, entitled "Meetings" is hereby amended to add the following Section 7, entitled "Telephonic Appearance:" 7. Telephonic Appearance: Council Members may appear at a council meeting via telephone under limited circumstances. Telephonic appearances are for the benefit of the City of Bremerton and not for the benefit of an individual Council Member. Telephonic appearances may occur as follows: (a) The Council President may approve a Council Member's appearance at a council meeting via telephone when action on a measure to be voted on cannot be delayed but rather requires immediate action or remedy and one of the following circumstances exists: I. Due to fire, flood, earthquake, or other emergency, there is a need for action by a governing body to meet the emergency; 11. A vote of the council of the whole is required for action; or Ill. A unanimous vote of the whole council is required for passage of a measure. (b) In the event that subsection 7(a) of Rule 1 ofthe Bremerton City Council Rules and Pro~edures has been satisfied and more than one Council Member is absent, reasonable efforts shall be given to provide all absent members an opportunity to appear via telephone. In no event shall the Council President approve a Council Member's telephonic appearance unless satisfactory equipment is available. Satisfactory equipment shall mean any telephone equipped with a speakerphone function capable of broadcasting the Council Member's voice attending via telephone clearly and sufficiently enough to be heard by those in attendance at the meeting. The telephone must allow the Council Member to take and answer questions as posed from time to time. 1 Council Rules and Procedures - 2005 Amendment (c) During any meeting that a Council Member is attending via telephone, the Council President or presiding Council Member shall state for the record that a particular Council Member is attending via telephone and the reasons for such attendance. (d) Council members appearing via telephone may participate and vote during the meeting as if they were physically present at the meeting. (e) Council Members appearing via telephone shall comply with all rules and procedures as if they were physically present at the meeting. SECTION 2. Severability. If anyone or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 3. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. PASSED by the City Council of the City of Bremerton, Washington this _ day of ,2005. DAREN NYGREN, Council President APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney PAULA JOHNSTON, City Clerk R:\LEGAL\Resolutions\City Council\Council Rules and Procedures-2005 Amendment2.doc 2 Council Rules and Procedures - 2005 Amendment I' C itYw~<:;ouncIJ~">~ [~1:AM] :~iell1erfon~~itY COLJncirMIri9rity~til r~~nts ,toUpfi_9Ile!t In!! Vvh>~>!s \l\{ron~J?! d/~" . .~>~ "U'! '#//..;' , ,.;.-unn m.w . Page, ,:!J From: <GoJoe1966@aol.com> To: <cbozeman@ci.bremerton.wa.us> Date: Tue, Oct 4, 2005 6:00 PM Subject: [SPAM] Bremerton City Council Minority Still wants to phone It In!! Whats Wrong?! If It Aint Broke, Don't Fix It! The Rollman Report by Ed Rollman Well it's another day and another attempt by a minority on the Bremerton City Council who want to be able to "phone it in" when it comes to their vote at city council meetings in Bremerton. Whats wrong (again!) with this picture? Well, while the new-- old version of this poorly timed and just plain wrong all or nothing at all admenment to the city council rules and charter has been slightly re-worded it does not go far enough to ensure there's no abuses by council members or their president. The minority who proposed this stinker said they just wanted to make sure that in case both bridges went out they could still get a council majority of 5 on crucial votes...well there's nothing in the wording about both bridges going out at the same time BUT there is mention of fires,flooding and "other" emergencies as deemed so by the council president, and therein lies the rub and the ruse. The wording means a council president could excuse himself from a crucial council meeting merely because his or her baby "puked" on his or her shirt, respectively, and created an "other" type of emergency for which they could just phone in their vote! But the really terrible thing about this proposal it that it sends a really bad message to the community and it's citizens by sending the very clear signal that: "My business or my shopping is really much more important than my city council job!" Voting yes for this resolution-unless it is restricted to only the severest of emergencies,{and it is NOT in this poorly worded resolution), says you don't really care about your district,your neighborhood or your city,that your work place or your home or your local store is much more important than say something so low priority as your city council job! (Besides, does the council really want councilor Jane's Aunt Bee phoning in a vote for her while she's out buying herself a new hat, too busy and tied up to come in to do the pesky job the elctorate hired her to do?!) Let reason and common sense ring forth: councilors should turn down this resolution by a wide margin! Ed Rollman,626 Highland Avenue,Bremerton,Wa. 98337 CC: <citycouncil@cLbremerton.wa.us>, <astrosn ider@kitsapsun.com>, <biznews@wetapple.com>, <Bobwnters7@aim.com>, <cendrese@mail1.co.kitsap.wa.us>, <daren 1698@yahoo.com>, <editor@bremertonpatriot.com>, <ewilliams@kitsapsun.com>, <helenmiller@prodigy.net>, <info@leadershipkitsap.org>, <jbrody@Kitsapsun.com>, <jccam pbell@kitsapsun.com>, <jimccambel@kitsapsun.com>, <johnsond@shns.com>, <jabacon@baconsrebellion.com>, <krugman@nytimes.com>, <m .Ievy@kitsapsun.com>, <marathonermike@comcast.net>, <rhorn@kitsapsun.com>, <sstagner@wetapple.com>, <sware@kitsapsun.com>, <timmonsk@shns.com>, <askhr@shns.com>, <woodsj@shns.com> "" DATE SUBMITTED: October 5, 2005 BILL # 05 -d3;( AGENDA BILL CITY OF BREMERTON 7C CITY COUNCIL ........................................................................................ SUBJECT: Request to amend Committee Meeting Date: -- Comprehensive Plan outside the Biennial COUNCIL MEETING Date: October 5,2005 Process Department: Community Develop. Presenter: Andrea Spencer Phone: 473-5283 SUMMARY: The City of Bremerton Planning Commission, as a result of its review of the zoning amendments, has recommended that the Oyster Bay Neighborhood Center as designated in the Comprehensive Plan Land Use Map be reduced in size in order to maximize the pedestrian friendly theme of a walkable mixed-use living environment. Implementation ofthis recommendation requires an amendment to the Comprehensive Plan outside the Biennial Process. ATTACHMENTS: 1) Staff Report FISCAL IMP ACTS (Include Budgeted Amount): None. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FIS CALIBUD GET: ~~~' CONSENT AGENDA~' &- OPERATIONS: ~- din-- COUNCIL PRESIDENT: y~ ~/l--- RECOMMENDED MOTION: Move to find that an emergency situation as defined by BMC 21.06.050(e) exists and authorize staffto initiate a Comprehensive Plan amendment process outside the biennial review period to consider amending the Oyster Bay Neighborhood Center. Move to find that an emergency situation as defined by BMC 21.06.050(e) exists and authorize staff to initiate a Comprehensive Plan amendment process outside the biennial review period to consider amending the Oyster Bay Ne~borhood Center and the commercial area generally bounded by Chester and Warren and 6 and Burwell. ( COUNCIL ACTION: ~pprove D Deny D Table o Continue D No Action ~ I~"- ' "" . -;:;--;;,;;:;:;;---;;;:;;;,,-~::;-;;;;;;:-:;-;;;::;;;-;--;-;;;;;:;----;;:;;-;;;'=---~-;;;:;.:.;:;;:.;::..-;;;:~._....;;--;-.-~=-...::::;;:- =- ~ ~-;;;;,-;;;;--~.;;;:;;;. -,;.,~~--;-;-;;;:-;:;....-;;;.;;.--_._--;;;-.:-;;.=.;,;:;;:-;;:.-:;~-.;;;--..:;=.;;:; ~~..;-.=~;- - ~;:::;;:;:::;-=-.;;,~-;;;-.;:._= ,,:::::;;.;;;;:;;;:;"~;;:;;,--:::;---=..;:;.,,--.;::"~~;;.;~;:;;;;;;-.;:.-=~-;;;;;;;;:;::;;;;:;:;;;:;::;;;:;:=.;;;.-_._';:;;;:~::'::;;;:-':;;;:,';":;~"""-;;;:,;;;:;;--~--=.:;;;':";;';;;":;; MEMORANDUM CITY OF BREMERTON, DEPARTMENT OF COMMUNITY DEVELOP2HENT ~==:;::;:~;~;::,-':;:-:;::;'=~.;;;;:::;';;:;;;;;;:;:;-.;;"';'==::'-_-=:_;:;;;;;,.:===:.:::=~.:.=.,..;;;:~:~,==:;;;;;~:"=7=-=,=:'=.=---:;;'--::::;;'==::':::::="::::':"-::=-:;-_"'::"'::'::;:;:';"-=;:~"';:;:;::"':;=;=~:;;:':""';:;;o.-::;;~,=====,,;;;;::;;;:;;;;-'=;;;;;;:;;:;;:::'~;:;;~;:;;';:;;;';;~=='-::::;:;'-q;';:;::-:;;; TO: CITY COUNCIL FROM: ANDREA L. SPENCER, PLANNING MANAGERort( SUBJECT: COMPREHENSIVE PLAN AMENDMENT REQUEST TO AMEND OUTSIDE OF BIENNIAL PROCESS IN 2005 DATE: OCTOBER 5, 2005 ,,"""--=____-=-_ _ ':: __ _=~---;::___=_= _-=-=-=-_ ----= _O-==-".="~_-=="7==-==-,,"O""-:::O="'-=._'''''--'-=_-==--==C:-;;:'="-:-;O,"''''-===''_-_-====".-".."o-"....o=-_---=-=-_=-= =_==o-=-_=="=~"-=.-'-=_=__=___==__:;_:"''_~,.,._,~_'___=__c==__==oo_ On September 20, 2005 the Planning Commission completed the review of the zoning amendments ("Package 5") and forwarded its recommendation to City Council. During this meeting, the Planning Commission reviewed and deliberated on each of the proposed zoning changes that implement the vision established by the 2004 Comprehensive Plan Land Use Map. The Council received the Planning Commission recommendation at a special study session on September 27,2005. During deliberations, staff presented to the Planning Commission various options for rezoning the "Oyster Bay Neighborhood Center" (OBNC). As background, the Comprehensive Plan establishes "Centers" as a walkable mixed-use living environment that can include green areas, shops, civic buildings, residential, and commercial uses. The Planning Commission and Staff believe that in its current configuration the OBNC is much larger than it should be (in fact OBNC is much larger than any of the other Neighborhood Centers). The Planning Commission and staff believe its current configuration minimizes the pedestrian friendly theme that it should have to meet the intent of the Comprehensive Plan as a mixed-use walkable area. Because of this, the Planning Commission has recommended rezoning only a portion of the OBNC, and if Council accepts Planning Commission's recommendation, a Comprehensive Plan Amendment will be required to ensure that the official Land Use and Zoning maps are not in conflict. BMC 21.06.010 limits Comprehensive Plan amendments to a biennial process, with amendments allowed only on even-numbered years. However amendments are allowed outside of the biennial process if an emergency situation exists as such is defined in the city code (BMC 21.06.050(e)). At the September 27,2005 Council study session, Chris Hugo briefly reviewed the Planning Commission recommendation for the OBNC with you and the Comprehensive Plan amendment process and the need to proceed with an amendment this year. Staff believes that we can complete the Comprehensive Plan Land Use map amendment process prior to Council taking action to adopt the official zoning map, and therefore there would be no inconsistencies between the two maps. The code requires that prior to considering a comprehensive plan amendment outside the biennial process, the Council shall by resolution or motion make a finding that an emergency situation exists as defined in BMC 21.06.050(e). BMC 21.06.050(e)(4) allows Council to confirm the Planning Director's finding that a conflict, inconsistency, deficiency or other internal defect in the comprehensive plan that requires correction for clear, complete and consistent policy direction. Staff is recommending adoption of such a motion so that staff may proceed with scheduling the Planning Commission public hearing for the 2005 Comprehensive Plan amendment for OBNC. No other amendments to the Comprehensive Plan will be considered during this process.