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Home My WebLink About01/04/2006 AGENDA FI"LE CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337-1873 03' (360) 473-5280 JANUARY 4, 2006' 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 MEETING CHAMBERS LOCATED ON FIRST FLOOR A. Pledge of Allegiance B. Invocation 3. COUNCIL OFFICER ELECTIONS 4. MAYOR'S REPORT 5. , PUBLIC SERVICE ANNOUNCEMENTS 6. CONSENT AG,ENDA A. Claims & Check Register (#AB06-001) B. Minutes of Meeting - November 30, 2005 (#AB06-0Q2) C. Minutes of Meeting - December 7,2005 (#AB06-003) D. Minutes of Meeting - December 14, 2005 (#AB06-004) E. Minutes of Me~ting - December 21,2005 (#AB06-005) F. Minutes of Me'eting - December ~8, 2005 (#AB06-006) G. Contract Award for Anderson Creek Wellfield Improvements, Pump Station No.2 Upgrade , (#AB06-007) , . H., Resolution No. 2986 authorizing the first amendment and extension of the Reimbursement Agreement between the City of Bremerton and Bank of America (#AB06-008) 7. PUBLIC HEARINGS - There are no PUBLIC HEARINGS this week.:. 8. GENER,AL BUSINESS - There are no GENERAL BUSINESS Items this week... 9. PUBLIC RECOGNITION 10. COUNCIL MEMBER REPORTS 11. 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. ...~ >. ~"V . "}. ':mUH I":' ,I I. :! IfjS .: ~ , " I I , I . .. ' ^ +' ~ <IJ CL. ..c c +' <IJ 4- '" o ~ L -0 J;1 C '" W <IJ '" 0.. 'C V) ..c c:i.U 0.. Vi -C .2 ~ '" .8 U 5 <( L ~ "Vi <IJ C .~ Lf)~~E g ciS :>:. E N '" 0 ~ t U ~~:J~ '" L c ~ ~ ^ :J r' :g (3 CL. 0.. 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", ....;.,:i\'..;,'.::<:.>>;(\,; '1 '; _ 't,:::~_::'~'-~;~:, '- :~,,:, ',' , :"::,:,,';.;';:, ,.'~",;-:~ :,~ ':::, , . ",..:: ~.r:,::'.~':"', .: :,','. .:' ,:.'~ :,'. .,: ~::~ ~,;', '~'\.~,;~~./>:'~:\~;{{ ,; , " ,'... I'.' . ~'. ",_ ",~' .':~ , ,r .~.. ,':~_.-_ ;,~.: -::,t.-., ':'i:':'~;~:-:'~':"I:-<~''':;J'~''~':~~::/:' ,': <' '.-:< -"'-.-. --:~.~..: :":,~"-'R"':/- ; ,... . .n, ,_ . . CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 03 Phone (360) 473-5280 ~fl~i};j PROCLAMATION A PROCLAMA liON by the City Council of the City ,of Bremerton, Washington, ' recognizing the "You Count So We Will Too" count of homeless people January 26 and January 27,. 2006. WHEREAS, the City of Bremerton is concerned about the citizens in our community who are homele~s or at risk of homelessnes~; and WHEREAS, t!:le Department of Housing & Urban Development provides funding through the, McKINNEY PROGRAM to fund housing and services' for people who are homeless; and WHEREAS, in order to access these funds, a community must have a Continuum of Care plan, which identifies both the' existing services and gaps in services for people who are homeless; and (' . WHEREAS, Kitsap County housing providers, service proviqers, members of City and County government, the faith community, and others have come together to form the Kitsap County Continuum of Care Coalition; and WHEREAS, in order to better understand the needs of those people who are homeless, and,the number of people who are homeless in our community..the Continuum of Care Coalition is conducting a count of. people who are homeless in Kitsap County; , , , NOW, THEREFORE, BE IT RESOLVED, that the City Council of Bremerton hereby officially recognize the Continuum of Care count of people who are homeless on January 26 and January 27, 2006. SIGNED this 28th day of December, 2005. p~ Daren Nygren, President Bremerton City Council' National Homeless Count Day - From 4 pm january 26, 2006 to 4 pm January, 27, 2006 Information fr.om Washington State' Homelessness Housing and Assistanc~ Act (ESSHB 2163 - 2005) · Provides an estimated $12 million/year for housing and services for homeless persons. c , · Makes-county (and optionally city) governments responsible for developing - ten year plans to address homelessness. · Allows cities to assume responsibility .for homelessness, and allows counties to opt out of. respol'1sibiiity. · State must-develop' a ten year plan to address homelessness, and report ~esults annually. ' · Both state and local plans must minimally aim to re~uce homelessness by" 5Q% ill ten,years (2015). , ' ': ' .. · A census Qf homeless persons must be don~ ,annually. , _ Information taken from Kitsap County Action Plan to Reduce Homelessness by 50% ~y 2015 report: ' "KitsaD Count Individuals Households All homeless - ,'1,132 880 Minor children 365 304 In emergency shelter : 95 59 In transitional, housina 147 '68 In permanent supportive ' 158 152 housina Temporarily Iivi,ng with 248 171 family or friends Livina out of doors 72 62 Living in vehicle 49 40 2005 Homeless Count Situations That Cause ' , Number Homelessness Substance Abuse 202 Family Issues 191 Employability Issues 400 Mental Health 89 Criminal Record 91 Medical Issues 92 Other 42 Source~ of Income Government Assistance 342 Working 126 Family 27 None 90 Other 36 AGENDA BILL CITY OF BREMERTON CITY COUNCIL BILL# ~ -00/ , DATE SUBMITTED: G,~ .......~..~.....................................................................-......... . , SUBJECT: Claim & Checks Register Approval Committee Meeting Date: COUNCIL MEETING Date: ;-f-o,(; Department: Financial Services , , Presenter: Cathy Johnson , Phone: SUMMARY: ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount): APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCALlBUDGET: OPERATIONS: COUNCIL PRESIDENT: RECOMMENDED MOTION: Move to approve: I. CONSENT AGENDA [811 1) Check#'s ,.;SOS-t?.:20 - ~~O 30 EFT's ~Vi%7tpG.) /(7b~ $, /93, &;2 t. 31 ~ $ $ 2) Regular Payroll for 3) Retiree Payroll for COUNC~ACTION: ~ro~ D Deny D Table D Continue .0 No Action AGENDA BILL CITY OF BREMERTON CITY COUNCIL l ~. !... .....- BILh# ~ ~"~ ,Pt?~ DATE SUBMmED: (.8 .........................~...................................'............................ Committee Meeting Date:, N/ A COUNCIL MEETING Date: JtJY1/it::Jj ~ :1.0Dh. Departmet:lt: City Co, il " Presenter: Daren Nygren, Council President Phone: (360) 473-5280 ' SUMMARY: Attached are the minutes for the Council Meeting held NfJl/tw.ber- \101 <<-DOS- SUBJECT: Minutes of Meeting - Alove,." htr .30, d.O~ ATTACHMENTS: Minutes for Nov~""ber 3", c;)ODS" FISCAL IMPACTS (Include Budgeted Am.ount): -0 APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: . I CONSENT A,GENPA ~ I ~~ RECOMMENDED MOTION: Move to pass the Consent Agen4a as presented. COUNCIL ACTION: 0 Approve D Deny D Table D Continue rJ No Action DIGITAL, RECORDING CITY COUNCIL MEETING MINUTES Wednesday, November 30; 2005 The' weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, of the NORM DICKS GOVERNMENT CENTER 345 6th, Street, Bremerton, Washington, Wednesday, November 30; 2005, ,at 5:30 PM, with'Council President Daren Nygren presiding. Council members present were Mike Short, Will Maupin, C~rol Arends, -Dianne Robinson, Mike ~hepherd, Wendy Priest, Cecil McConnell,' and Brad Gehring. Also presen,t were City Attorney Roger Lubovich, City Clerk Paula' Jo~nston, and Legislative Assistant Lori Smith. , , The Pledge of Allegiance was led by Council Member Cecil McConnell followed by the invocation provided by ~astor Larrv,Robertson of EmmanuelAp~stolic Church. Pres'ident N'varen announced that a Pre-Council session was held in Council Conference Room 603 from 5:00 to 5:30 PM; and informed citizens that if they would like to receive information on upcoming Council meetings, they may go to the City's website at.htto:/IWWW.ci.bremerton.wa.us. or call the Council Office at (360) 473-5280. MAYOR'S REPORT, Mavor Bozeman provided his comments regarding the Zoning Code that was on the agenda tonight, including his opinion that the height restrictions of the current plan were very limiting, PUBLIC SERVICE ANNOUNCEMENTS'& PUBLIC RECOGNITION President Nvaren announced that the Council would hold a Study Session on Monday, D,ecember 5, 2005 to hear an "Update on the Bremerton Marina" from the Port of Bremerton, President Nvaren invited representatives from the Bremerton School District to his next District 3 Community Meeting to allow citizens an opportunity to learn more about the "Bremerton School support Levy" on Tuesday, December 6 from 7:00 to 8:30 PM at the Manette, Senior Center located at East 13th Street & Nipsic Avenue; announced that Winterfest events would be held in conjunction with the First Friday Art Walk this Friday, December 2nd within areas located on Callow Avenue, Downtown Bremerton, and'Manette; and also invited members of the public to attend a combined-District meeting for Districts 6,7,8 & 9,to hear a presentation on the "Bremerton School Support' Levy" with reprel;tentatives from the Bremerton School District tomorrow from 7:00 to 8:30 PM at the Oyster Bay Conference Room at the Public Works Facility located at 100 Oyster Bay. ' Will Maupin presented the City Pride, Award for the Month of November 2005 to Jerrv & Laureen Miller in recognition of their home and property located at the end of Marine" Drive. CONSENT AGENDA A. Check Numbers 304089 through 304146; EFT-8694 through EFT-8710,; 8692P and 8693P in the amount of $729,569.97; Regular Payroll in the amount of $643,243,64 for the ,pay period ending N~vember 30,2005; and Retiree Payroll' in the amount of $73,787,33 for the pay period ending November 30, 2005 (#AB05-270) B. Minutes ,of Meeting,- Nov~mber 16,2005 (#AB05-27.1) , C. Professional Services Agreement with WALKER MACY for Landscape Architecture & Urban Design Planning for Harborside Park; Building 50, addition, and adjo!ning grounds; and Memorial PI~za (#AB05-272) There were no comments from the public. 5:45:30 M/S/C/U (McConnell/Priest) Move to approve the Consent Agenda as presented. City Council Reg. Mtg, Minutes Wednesday, November 30,2005 Page 2 of 8 " , 5A - PUBLIC HEARING AND ORDINANCE NO. 4954 ADOPTI,NG THE 2005 COMPRE- HENSIVE PLAN AMENDMENT :DOCKET (#AB06-273): Andrea SDencer, Department of ,Community Development, summarized that the action before Council is ,to conduct a public hearing and adopt the ordinance for the 2005 Comprehensive Plan ,Amendment Docket. Linda Streissauth, Planning Commission, added ,comments to 'support the recommendations made by the Planning Commission. Amendments include (1) to change a portion of the plan's land U$e map designation from Oyster Bay Neighborhood Center (OBNC) to Low, Density Residential (LDR) and Commercial Corridor (CC) 'along Kitsap Way, generally betwe,en National Avenue and Oyster Bay Avenue; (2) to change the pfan',s'land use map designation from Low Density Residential (LDR) to Downtown Regional Center (D~C) in the general vicinity of Chester & ,Warren and 6th & Burwell, and (3) to make certain related amendments to descriptive text and illustrations in the, Comprehensive Plan. ' Reverend Larry Robertson asked that the, Council reconsider rezoning the area around Emmanuel 'Apostolic Church since the rezone would cause the church's bookstore and potential new businesses to be in violation of the new code, Karen M. Gentry read a letter into the re!=ord explaining tnat her and her husband own two 4- plexes to finandally provide for their retirement, and was concerned that the new zoning as proposed 'would cause their 4-plex to no lon~er be a conforming use, Darrel Fields also asked for reconsideration of zoning change for Emmanuel Apostolic Church. Tobie Wilkens emphasized that her hair salon would be'imp~cted by the proposed zoning change, ' Rebecca Maauire has owned property that is currently zoned multi-family and a change in zoning would mean that if any units were destroyed, she would not be able to rebuild the structures and hoped that Council would not allow for this change in the zoning code which would discourage any improvements in urban density, Ronald Flemister offered his support for Emmanuel Apostolic Church and hoped that Council would not make ~oning changes that would impact the church and neighboring businesses. ODal Robertson' supported keeping the Emmanuel Apostolic Church in the Business Core Center, and urged the Council to support the staff's previous recommendations. Henry Waldsforf Lonafellow SheDherd agreed with previous comments and hoped that Council would follow staff recommendations and further economic development by doing so. Chris Huao, Director of Community Development, clarified that the changes being proposed are actually cor,rections to the Comprehensive Plan and are not considered "emergency amendments", Mike SheDherd thanked Council for the opportunity to, remand' concerns bac~ to the Planning Commission so that the zoning issues could now be resolved. ' Brad Gehrina recognized the efforts put forth by Emmanuel Apostolic Church, but felt that there was another process to address their concerns. Cecil McConnell asked what was con'sidered to make Area A an emergency amendment, but not B, C, and D. Mr. Huao responded that Area A requires a correction to be consistent with the rest of the Comprehensive Plan, City Council Reg. Mtg, Minutes Wednesday, November 30, 2005 Page 3 of 8 . Dianne"Robinson asked what ,establishes an emergency, Mr. Huao explained' that when the Director of Community Development comes to the Council and states that there ,is an error ,in the Comprehensive Plan, or as the staff tries to work with the policy, they find they can not, the director with the assistance of the 'Planning Commission would then ask the Council to confirm the emergency to make the r;lecessary' c9rr~ctions. Mike Short asked what timeline would the City be under if the issues were not dealt with tonight. Mr. Huao answered that if it were related to Areas Band C then the issues 'could be ~aken care of within a few months, but the actual code amendments are required and can only be done once in 2006. ,Mr. Short also asked how residents are notified if they, reside, in an affected ,area of a possible'rezone. Mr. HUGO stated tflat large signs are posted for large areas and for smallet areas then each resident is notified which could be done by email, by letter, or through neighborhood meetings, Carol Arends asked if changes that would affect Emmanuel'Apostolic Church be considered Com"prehensive Plan or Zoning Code changes: Mr. HUGO stated that Council could deal with Zoning Code issues at a later time, but Comprehensive Plan issues would need to be dealt with tonight. ' 6:34:03 Main Motion was made, but no vote was taken at this time as the discussion by the Council continued. . . 6:36:03 A-M/S/C/U (Gehring/Robinson) Move that the Department of Community Development be directed to include "Area B" as illustrated in 'Attachment V "Commercial Uses Outside of 2004 DRC Boundaries'" map as part of the 2006 regular Comprehensive Plan Amendment Cycle with consideration to designating this a'rea a~ "Institutional". Amending Motion was made, but no vote was taken at this time as the discussion by the Council continued... ' 6:42:03 M/S/C/U ,(Arends/Short) Move to adopt Ordinance No: 4954 adopting the amendments to the Comprehensive Plan Official Land Use Map as recommended by the Planning Commission, as amended,' , ' Council recessed from 6:42 to 6:51 P.M, 5B - Co.NTINUED PUBLIC HEARING AND ORDINANCE NO.. 4950. ADo.PTiNG,AMENDMENTS TO TITLE 20"OF'THE BREMERTON MUNICIPA,L CODE. RELATING TO ZONING (#AB05-239): Chris Huao, CommunitY"Develo'pment Director, explained that the proposed ordinance enacts the fifth and final "package" of new section of the zoning code and a neW zoning map, This is the final step in the implementation of the 2004 Comprehensive Plan. The enactment of development regulations consistent with the 2004 Comprehensive Plan is necessary to maintain compliance with the State Growth Management Act. Package #5 consists of the full proposed Title 20 zoning code. Amendments, edits, and revisions to the zoning packages #1 through #4, previously , reviewed and adopted but not enacted, are contained in Package #5,' Adoption of the proposed " ordinance' (Package #5) will make Title 20 'zoning code and official zoning map effective. Previously adopted Ordinances No. 4932 (Package #1), No. 4937 (Package #2), No, 4941 (Package #3), and No, 4946 (Package #4) will be' simultaneously repea'led. ' Andrea Spencer. Department of Community Development. discussed the following amendments: 'Amen~ment 1: Recommends that the b.uilding height for the residential areas north of 6th Street be limited to 40'; Amendme~t 2:' Recommends that a new section "Allowable Density and Lot Area in Under-utilized City Cquncil Reg, Mtg. Minutes Wednesday, ,November 3D, 2005 Page 4 of 8 Urban Fringe Areas"; Amendment 3: Addresses "Residential Cluster Development"; Amendment 4: Designates East Park and West Park properties as "Master Development Zone" on the Official Zoning Map; and Amendment 5: Revises "Satellite Parking" to ,indude the term "Public. Use". Linda Streissauth acknowledged'the members of the Planning Commission; and .provided a briefing to support the recommen~ations, ' Pastor Larry Robertson expressed his gratitude for the work done by the Planning Commission members. ' - Shane Schrodt referred to a Kitsap SUN article which indicat~d people were opposed to height restrictions and clarified that he a~ an owner of 19 properties supports height restrictions but at 60 feet not 40 feet as proposed; and commended the ~ayor and Council for the revitalization efforts, Claire Schrodt read her letter into the record supporting higher height restrictions than' currently proposed. ' Olivia Voiats, Real Estate Manager for CLEAR CHANNEL OUTDOOR Company-which owns approximately 24 billboards in the City of Bremerton, read. her letter into the record which opp.osed amortization of the signs which clearly have not worked in other c~ties. Bob Erickson from VIACOM, agreed that while cities may look at limiting the use of signs but that may not be beneficial for a city such as Bremerton. Connie Christman also supported a change in height restrictions for the downtown area, Donald Smith Miser asked the Council to consider setting height restrictions at 60 feet which would benefit ~he downtown area by increasing density and also improving the t~x ba,se for the City. J. David Rubie, read a letter into the re~ord to address his concerns that included the lack of proper notific~tion, errors in the proposal, off..street parking; and the amortization of outdoor signs; encourag'ed the Counci,1 to vote no on the proposed changes to the zoning code; and submitted a copy of the CHARLESTON COMMUNITY PLAN dated August 1997, and pointed out that the Planning Commission did not consider this plan. Curtis Landina emphasized that condominium projects will generate revenue and will improve the standard of living for downtown residents, John Lvle was opposed to the height restrictions and hoped that a final determination of what height should be allowed may be made at a later time, H. Emily Moshay did not support the height restrictions on a temporary basis and asked that the limit be set at 60-feet. Francis Mey'ers former owner of Charleston Cinema, now G-Style Knights, was, not in favor of the propos'ed zoning changes, unless the City can explain how the changes would benefit the businesses. Brett Warner owner of STRATEGY REAL ESTATE, believed that a change in the restrictions may stop the influx of interested real estate investors. Den~is Peterson owner of businesses on Callow Avenue, expressed concerns over proposed changes in zoning relating to parking. ' City Council Reg. Mtg, Minutes Wednesday, November 30, 2Q05 Page 5 of 8 Steve Priest resident 'of Highland Avenue, supported downtown revitalization efforts and asked that C,ou'ncil be careful in their decisions in order to preserve the historic character of ' neighborhoods such as Highland. ' Jim Webber asked that no' height restriction be imposed. Rebecca Maa'uire was ,concerned about the ,impact to the neighborhood from parking set aside for the new Police Station that is planned ,for an R-10 Zone. ' ' Rex Garland resident o,f the 900 block of Highland Avenue, thanked the Council for providing a ~oning code, but is shocked ,that the controversy over the difference'of 20-feet for the height restriction of one neighborhood is holding 'Up the process. Michael Brown resident of 1900 clock of Marine Drive, agfeed with a lot of the comments that, were made tonight, but particularly addr~ssed the issue of height restrictions, and how they can affect future development. Wes Larson addressed the Highland Avenue,project, and believed 35 feet would limit viable . projects, and would work with the City to develop design standards through the sub-area planning effort..to allow some flexibility in downfQwn projects, - - A recess' w.;ts C?alled to change the tape from 7:40,to 7:56'P,M, Nick Smith supported a' 60-,foot height restriction and referred to Ordinance No. 4873 passed in 2002 relating to community :renewal. ' Cindy Crenshaw asked the Council to reconsider the zoning for the area proposed for the new Police Station on Burwell. David Toyer supported the approval of the zoning code tonight. Helen Miller asked if the zoning code did not pass tonight, could the City inquire how many. projects could be delayed or what economic impacts may be felt by the'City. The question was referred to Mr. Hugo. ' Unn,amed Speaker, ~as concerned -about the lack of notice to affected businesses. Wendy Priest provided history about the Highland area, felt that most of the residents would prefer to, preserve the neighborhood; and' clarified that developing design'stan~ards would take- from 3 to 6 months, ' Chris Huao felt that there could be an appr.oach to include a 60' limit in the motion right ,now under a moratori~m while they worked to ~evelop design guidelines, Public input would be incl'uded, There would be a focused effort to address'the current'issue, limited to the area east of Pleasant Avenue. ' Mike Shepherd discussed that th'is was a residential area that included a larger area outside of '''Highland'', so other developers are involvec and other neighbors are affected". Ms. Priest expressed c~ncerns that the 60' height restriction would not work for all areas ,designated. Mr. HUGO stated that ~he City is never locked into a "zoning".code, it can always be reviewed and 'changed. He clarified that there are different requirements for residential areas and shoreline areas, City Council Reg. Mtg, Minutes VVednesday, November 30, 2005. Page 6 of'8 Mr. Maupin believed that when considering a comprehensive plan, higher height would allow development of the area. ' , ' Mr. McConnell was not supportive of increas'ing the height restriction tonight prior to any study. , , ,Mr. Short agreed with the compromise that was being proposed; arid agreed that there is opportunity to increase the 'density, 'Mr. Gehring: asked for clarification on devel.opment of a nl!ighborhood plan. Mr.,Huao responded that the neighborhood plan could,be accomplished in 60 days. ' Mr. Shepherd was very concerned- that ,this project was moving along without the development of a neighborhood plan, Mr. Huao assured the Council that representatives from. the neighborhood and members of the Plannin'g Commission would be included in the process, . Mr. Lubovich explained that if the,Council adopted a 60 foot limit and instilled a moratorium, a hearing would have t() be held within 60-days, Ms. Priest asked for assurance that proper . notification would be provided. ' In addition, an e-mail received 11/30/05, 2:28- PM from Teresa Fox was made a part, of the record, 8:47:17 Main Motion w~s made, but no vote was taken at this time as the discussion by the Council continued. . . 8:52:50 M/S/C/U (Robinson/McConnell) Move to amend the main motion to include a new' section 20.60.68 "Allowable Density and Lot Area in Underutilized Urban Fringe Areas" as recommended by the Planning Commission on October 18, 2005 with minor ~odifications; and subsequeritly amended by staff on 11/30105. ' ' 8:53:20 M/S/CIU (Sbepherd/Short) Move to amend the mai~ moti~n to revise Section 20.58,060 , "Residential Cluster Development", 8:54:12 M/S/C/U (Priest/Short) Move to amend the main motion by designating the East Park and VVestpark properties as "Master Development Zone" on the Official Zoning Map and to, revise Chapter 20.80 Master Development zone text as recommended by the Planning Commission on ' November 15, 2005. ' 8:55:45 M/S/C/U (Short/Maupin) Move to revise "Satellite Parking" Section 20.48,220(b) to include, the term i'Public Use".' . 8:56:21 M/S/C/U (Robinson/McConnell) Move that the City staff report back to the, Council on January 5, 2006 with ,a new, provision' to allow the incubator business as an allowable use in'the R- 10 in association with a worship or religious facility or by conditional.use permit. 9:00:58 (Maupin/Shepherd) Move to revise Figure 20.74(a) as proposed with th~ areas north of 6th Street limited to 40 feet in height as desi!:j,r:'Iated except that area east of and including those " properties abutting Pleas,ant, south of 11 Street and east to the shoreline be approved at 60 feet subject to the Shoreline Master Program height restrictions; and ,further that a moratorium be imposed on all permits,in the area for development oyer 40 feet in the ar:ea designated 60 feet, said moratorium to be in effect for 60' days from the effective date of the ordinance in order to consider design guidelines for development in the area so designated with the 60 foot height limit. City Council Reg. Mtg, Minutes . Wednesday, November 30; 2005 Page 7 of 8 9:02:02 M/S/C/U (Arends/Short) Move to pass Ordinance No. 4950 adopting the proposed zoning code amendments and proposed official zoning map, all relating to Land Use, , , 6A - ORDINANCE NO. 4955. AMENDING CHAPTER 3.01 OF THE BREMERTON MUNICIPAL CODE UPDATING "RATES AND.FEES" FOR 2006 (#AB05-2741: Laura LYon, Financial ,Services Director stated that in conjunction with preparation of the 200q, Proposed' Budget, the administration is recommending that certain fees and rates found in Chapter 3.01 Rate Tables be amended. Specifically, Rate Table C - Community Dev~lopment rate 'changes reflect modifications to land use procedures and new terminology in the proposed zoning code; Rate Table D - Police Department amends animal license fees to gain uniformity with Kitsap County; Rate Table E - Fire Department proposes rate increases in ambulance transport fees that reflect .the increase in costs of providing services; Rate Table F - Parks Department establishes 'Not to Exceed' rates for more, flexibility in pricing user feels; and Rate Table G - Pubic Works and Utilities permit fee increases reflect the rise in inspection fees. ' , ' Unnamed Soeaker wanted to know how he could comment if he did not have copies of the "tables" mentioned, President NY-aren apologized for the lack of enough agendas ,for the meeting tonight, but stated that the Council packets are available during the, Study Sessions, and 1-week before the Council meetings, The information is also available on., the City website at www.cLbremerton.w~.us. or by calling the City Council Office at (360) 473-5260, Mr. Sheoherd commented that the rate changes equate to b~ about a 3 to 5% change in ' recreational fees. ' Mr. Gehrina noted that fees for seniors ,at the Gold Mountain Golf Complex have decreased. 9:08:09 M/S/C/U (Maupin/Short) Move to pass Ordina,nce No. 4955 amending Chapter 3.01 of the Bremertc.>n- Mu~icipal Code updating rates and fees for 2006. 6B - ORDINANCE NO. 4956. ADOPTING 2006 UTILITY RATES AND GENERAL FACILITIES CHARGES: AND AMENDING CHAPTER 15.06 OF TH.E BREMERlON, MUNICI'PAL CODE (#AB05-275l: Phil Williams, Public Works & Utility Directc;>r, explained that ~he City hired an independent rate consultant in 2004 to conduct a complete rate analysis and Cost of Service Study (COSA). That effort resulted in a three-year'recommended package of rate adjustments for the City',s three utilities, The first of those adjustments was effective on November 1, 2004. After updating and confirming the revenue requirements in October 2005, the second phas~ 'of this, three-year plan is now required to meet the utilities needs for O&M (operation and maintenance) and capital, and comply with changing state and federal'Tegulations. The overall revenue growth is 15% for Water, 14% for Wa$tewater, and 25% for Stormwater, The rate design bei ng recommended for Wastewater ,is identical to that used in 2004 but is at 14% which combines the 2005 and 2006 increases recommended in the rate study, Water rates have all been adjusted by the 15% overall recommendation. Stormwater is also adjusted by 'an even 25%. Helen Miller asked if ;an explanation regarding how much of an ,increase would be exp~cted by the rate payers. Mr. Williams responded that approx. $12 per month for all three utilities combined, or approximately ,18%, ' Stuart Demoster was concerned that this would still create a hardship for a lot of residents. He was also concerned that there are no incentives for water conservation. President Nyaren explained that costs have increased due to increased federal regulations and standards" and the City is obligated to charge what. it costs to provide the service, The issue of conservation was addressed during prior discussion and in the rate changes. City Cp,uncil Reg. Mtg. Minutes Wednesday, November 30,2005 Page 8 of 8 ' Mr. Maupin emphasized that collecting charges at a more appropriate rate would offset the debt the City incurred through completion of. utility improvement projects. ' Mr. Short stated that the system is complicated bY' unfund,ed mandates which drive up the costs of service. Mr. McC.onnell stated that it would save the ratepayers money in the long run. Mr. Shepherd was concerned about the excise tax applied on the rates: 9:32:39 M/S/C/U (Short/McConnell) Move to pass Ordinance No, 4956' adQpting new utility rates and General Facilities charges effective January 1, 2006, and amending Bremerton Municipal ' Code Chapter 15.06, 9:38:30 A-M/S/F (Shepherd/Robinson) 'Amendment to have Public Works Committee come back with a recomm~ndation on how to accomplish reduction of the tax rate or consideration of a ,diversion of that increase to low-incomc;!" Voted in favor of A-Motion: RobinsQn,' Priest, Shepherd, Nygren Voted opposed to A-Motion: Arends, Maupin, Short, Gehring, McConnell A-Motion failed: 4-Yes; 5-No With no f~rther business, the meeting of the City Council was adjourned at 9:39 PM. - , Prepared and Submitted by: LORI SMITH Legislative Assistant fL. ~~ ~r. CI1RISTINE GRENIER ' Coun~i1 Assistant Attest: PAULA JOHNSTON, City Clerk DAREN NYGREN, City Council President DN/PJ/ls/cge DATE SUBMITIED: BILL # O(P- 003 AGENDA BILL CITY OF BREMERTON ciTY COUNCIL (,,~ ........................................................................................ SUBJECT: Minutes of Meeting - /)eleh-thH-- 7, ~oo.s- Committee Meeting Date: COUNCIL MEETING Date: Department: Presenter: :N/A JA~w..'..!J If' ~ DOb City Council' Daren Nygren, Council President (360) 473-5280 Phone: SUMMARY:, Attached are the minutes for the Council Meeting held beulk6er- 7, .;1 DOS- ATTACHMENTS: Minutes for l>~l.eWlb4U"" 7 I Ct. oos- FISCAL IMPACTS (Include Budgeted Amount): 0 APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: 'FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: I CONSENT AGENDA [gJ I ~~ RECOMMENDED MOTION: Move to p'ass the Consent Agenda as presented. COUNCIL ACTION: D Approve D Deny D Table D Continue D No Action DIGITAL RECORDING CITY COUNCIL MEETING MINUTES , Wednesday, December 7, 2005 The, weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, of the NORM DICKS GOVERNMENT CENTER 345, 6th Street, Bremerton, Washington, Wedne$day,' December 7, 2005, at 5:30 PM, with Council President Daren Nygren presiding, Council members present were Mike Short, Carol Arends, Dianne Robinson, Wendy Priest, Cecil McConnell, and Brad Gehring. 'Council Members Mike Shepherd and Will Maypin were absent. Als9 present were Assistant City Attorney Ken Bagwell, City Clerk Paula Johnston, and Legislative Assistant L~ri Smith. The Pledge of Allegiance was led by Council Member Cecil McConnell followed' by the invocation provided by Pastor Butch Hall of Kitsap Lake Baptist Church. President Nvaren announced that a Pre-Council session and Executive Session to discuss "Labor Negotiations" ~as held in Council Conference Room 603 from 5:00 to 5:30 PM; and stated that if citizens would like to receive information on upcoming Council meetings, they may go to the City's website at http://www.cLbremerton.wa.us. or call the Council Office at (360) 473-5280. , , MAYOR'S REPORT Mayor Bozeman... . Recognized volunteers, businesses, and staff' from the Parks, Fire, and Police Departments ,whose efforts contributed to the success of Winterfest 2005; . Congratulated Thelma Swem of 'the Legal Department as the recipient ,of ,the Employee Appreciation Award for the Month of Dec~mber 2005; and . Presentec;f plaques and keys to the City.to Council Members Mike Short and Daren Nvaren in appreciation for their service the last f~ur years on'the ,City Council, PUBLIC SERVICE ANNOUNCEMENTS ' P,resident Nvaren presented a certificate of appreciation to the ,late Ed Rollman for his dedicated service to the ,City as a Council Member, which was accepted by his surviving wife" Pranvera Rollmar:-, CONSENT AGENDA A. Check Numbers 304147 through 304-377; EFT-8711 through EFT-8715; EFT-8717 through EFT- 8726; 8716P; 8127P in the amQunt of $2,26~, 146,04; and Regular Payroll in the amOl:Jnt of $658,152.19 for' the Pay Period ending November 30, 2005 (#AB05-276) , B. Appointments to the Bremerton Arts Commission ,<#AB05-277) C, Br~merton Housing Authority (BHA) Contact for Supplemental Services in Westpark Housing Development (#AB05-27e) , D, Pre-purchase of of HDPE Pipe from FERGUSON ENTERPRISES for Pacific Avenue BaSin Combined Sewer Overflow (CSO) Reduction Phase I Project #AB05-279) E. Bid Award. to ALPENGLOW CONSTRUCTION SERVICES, INC.. for Public Works Operations Shop Building Roof Restoration (#AB05-280) , F, In,terlocal Agreement for Professional Services with Kitsap County to perform Bienniaf Inspection of 11th Street Bridge (#AB05-281) G, Interlocal Agreement for Professional Services with the Washington State Department.of Transportation (VVSDOT) for Landscape Design Services on the SR304 Transportation Improvement Project (#AB05-282) . >, _ H, Interlocal Agreement with Public Utility District (PUD) No. 1 to provide Billing and Collection Services for Street Lights within the former Tracy ton Water District (#AB05-283) I. Ordin.ance No, 49,57, recodifying Chapter 2.32 of the 8remerton Municipal Code (8M C) entitled "Gold Mountain Golf Complex Board of Directors" ~s Chapter 2.34 (#:\805 284) Moved to General Business as Item 7C... ' City Council Reg. Mtg, lY1inutes Wednesday, December 7, 2005 Page 2 of 4 J, Approval'to set Pay Band assignment for the Police Chief at Band 22 of the Management Pay Plan; and to Confirm an~ approve of Craig E. Rogers as Police Chief at Pay Step 8 of Band 22, effective January 1, 2006 (#AB05-285) , Th~re were no comments from the public. 5:56:48 M/S/C/U (Priest/Robinson) Move to approve the Consent Agend,a as presented less Item 51. , ' 6A - FINAL PUBLIC HEARING ON THE PROPOSED FY2006 BU.DGET: AND ORDINANCE NO. 4959 ADOPTING ,THE FY2006 BUDGET (#AB05-286): Laura, Lvon, Financial Services Director explained that 'the City' of Bremerton 'prepares its budget on an annual basis under the authority granted by Chapter 35,33 RCW.. The budget process is de,signed to meet the operations and service needs of the City by integrating the planning and impl~mentation of City programs and objectives with the allocation of resources' sufficient to support such services and programs. ' A preliminary annual budget for fiscal year 2006 has been prepared and filed with the Office of the City Clerk, Public, hearings have been held for the purpose of fixing the final City budget and t!1e City Council has deliberated and made adjustments and ,changes deemed necessary and proper. 6:05:47 Main Motion was made but discussion by Council Members continued." 6:12:41 A-M/S/F (Ge!1ring/Priest) Move to remove the r~classification of Economic Development Director from the FY2006 Budget document for further discussion. Voted in favor of the motion: Priest, Robinson, Getuing Voted against the motion: McConnell, Arends, Short, Nygren Motion failed: 3-Yes; 4-No 6:13:47 M/S/C (Short/Arends) Move to approve Ordinance No, 4959 adopting the City o~ Bremerton 2006 Annual Budget. Voted in favor of the motion: Priest, Robinson, Arends,' Short, McConnell, Nygren Voted against the motion: ,Gehring , Motion carried: 5-Yes; 1-No 6:15:28 M/S/C/U (Robinson/McConnell) Move to adopt the FY2006 Lodging Tax Allocation as follows: Bremerton Chamber, of Commerce at $42,000; Kitsap Peninsula VCB at $31,000; Admiral Theatre at ,$90,000; City of Bremerton at $100,000; and the Washington State Science and Engineering Fair at $2,000, ' 7A - ORDINANCE NO. 4958 AMENDING CHAPTERS 15.02 AND 18.02 OF ,THE BREMERTON MUNICIPAL CODE (BMC) TO ALLOW INTEGRATED FIRE SPRINKLER SYSTEMS AND WAIVER OF F'EES IN NEW 'RESIDENTIAL CONSTRUCTION (#AB05-287l: Fire Chief AI Duke 'stated that the current 'City. Fire Code does not require the installation of automatic sprinkler systems in buildings containing two or less residential dwelling units, The proposed or~inance provides for the incorporation of automatic sprinkler systems as a component of the domestic water system of residential, units providing an incentive to instal!' such systems when, not required and provides' a tool for innovative " development such as incorporating reduced 'street widths into a development design, A fee. offset will also be provided to encourage installation of automatic sprinkler systems. Art Castle of- the HOMEBUILDERS ASSOCIATION thanked Chief Duke for his, willingness to have open discussions regarding the sprinkler issue and for accommodating a language change in the ordinance, , '- , City Council Reg. Mtg, Minutes , Wednesday, December 7,2005 Pag~ 3'of 4 ' Dick Bruskrud, indicated that a change in street standards improves pedestrian safety anQ has eliminated extra pavement in upcoming projects. Mr. McConnell asked for clarification on kitchen fires. Chief Duke responded that while putting water on a grease fire may make the fire worse, most kitchen fires are related to steves and sprinklers would limit a fire to the kitchen area, Mr. Short t,hanked' Chief Duke, 'for addressing his concerns and supported the Qrdinanc~ with the incorporate~ changes; and than~ed Mike Eliason and ~rt Castle f~r their input. Mrs. Arends provided' her comments in support of the ordinance, Ms. Robinson asked ,for clarification on the term ,iGroup R". Chief Duke expl~ined that Group R includes single family homes and muUi-family'residences such as town homes, , ' Mr. Short asked if passage of the o'rdinance would facilitate the Eastpark Sub-Area Plan. Mr. Huao responded that technical fire' issues brough,t up, during discussion on Eastpark would be resolved by passing the ordinance. " 6:28:09 M/S/C/U (Short/Arends) Move to pass Ordinance ,No. 4958 amending BMC Chapters 15.02 and 18.02 in order to allow integrated sprinkler systems and waiver of fees in neyv residential construction ,of ' two or less re'sidential units.' ' 7B - BRI'EFING AND PUBLIC DISCUSSION ON BROWNSFIELDS GRANT APPLICATION r=OR THE OLD BREMERTON GASWORKS SITE AN-D SURROUNDING PROPERTY rNO ACTION REQUIREDl Phil Williams, Public Works and'Utilities Director, provided 'information on the grant application process regarding brownsfields recQvery in the area also referred to as the."Gasworks Property" bounded' by 15th Street, Pennsylvania Avenue, Thompson' Drive: and Port Washington Narrows. ' 7C - ORDINANCE NO. 4957. RECODIFYING CHAPTER 2.32 OF THE BREMERTON MUNICIPAL CODE' (BMCl ENTITLED "GOLI?'MOUNTAIN GOLF COMPLEX 'BOARD OF DIRECTORS" AS CHAPTER 2.34 (#AB05-284):' Ken Baawell, Assistant City Attorney stated" that Ordinance No. 4936 created BMC Chapter 2.32 as the Gold Mountain. Golf Complex Board of Directors. Ordinance No. 4940 created BMC Chapter 2,32 as the Arts Commissidn. The proposed ordinance recodifies 'BMC Chapter 2,32, Gold Mountain Golf Complex Board of Directors as BMC Chapter 2.34 'in order to correct the duplicative numbering, , , There were, no comments from the public. 6:39:30 M/S/C/U (McConnell/Robinson) Move to 'pass Ordinance No, 4957 recodifying BMC Chapter 2.32: Gold Mountain Golf Complex Board of Directors as BMC Chapter 2.34, PUBLIC RECOGNITION Jack Buesch of the Bremerton Symphony Association asked Council to consider the BSA for funding , even though the Lodging, Tax Advisory Committee di~ not recommend funding for 2006 and hoped that ' the Council would discuss the issue. with BSA. P,resident Nvaren .emphasize~ that further discussipn on lodging tax allocations could ta'ke pla'ce in a few weeks and that he would not address q'uestiolis abouUhe advisory com'mittee at this time; and ad,ded that passage of the 1 % of the Arts 'Program could possibly offer assistance 'to performing arts, programs. Mavor Bozeman provided his support to the Symphon'y and emphasized that there may be,additional funds ~vailable during the first quarter of next year which could be used to help the symphony, City Council Reg, Mtg, Mi'nutes Wednesday, December 7, 2005 Page 4 of 4 Silv,ia Klatman, Executive Director, of the BREMERTON AREA CHAMBER OF COMMERCE, invited Council Members to an ISC NASCAR Luncheon to be hosted by 'the Chamber tomorrow, ' Art Castle, HOME BUILDERS ASSOCIATION, invited Council Members to the Housing Summit to be held on Friday, December 16th in the Meeting Champers, ' COUNCIL .MEMBER REPORTS Brad' Gehrin'a attended Winterfest last Friday in Man.ette; plans :on attending the ISC NASCAR forum;' and clarified that he wanted issues discussed ope~ly ,regarding the budget. Wendy Priest thanked all of the businesses and City staff fo( m.aking Winterfest a wond~rful event; and added that lodging tax funding to larger groups like the VCB and Chamber of Commerce will be used to promote smaller groups., and added that the Council will be tracking progres's next year, Carol Arends visited the Collective Visions Gallery during Winterfest; and commented that many 9r9ups need support and hopes where the City can not provide adequate funding, that individuals could offer their assist~nce by supporting local programs. She also reported on her attendance at the Kitsap Regional Coordinating Council meeting. Mike Short thanked citizens for attending the neighborhood meeting and will make school levy information available through the Council office; thanked Laura 'Lyon and staff for their assistance in addressi'ng concerns raised by the Audit Committee during the budget process; and thanked the Mayor for the plaque and his support, ' Daren Nvaren reported on his attendance at the funeral service for the late Ed Rollman, former Council Member, last Saturday; and thanked those who attended his district meeting, ' , With no further business, the meeting of the City Council was adjourned at 6:56 PM. Prepared and Submitted by: 11~~.A-::-. CHRISTINE GRENIER Council Assistant Attest: PAULA JOHN$!ON, City Clerk DAREN NYGREN, City Council President DN/PJ/ls/cge DATE SUBMITTED: ,AGENDA BILL CITY OF BREMER,TON CITY COUNCIL BILL.# O~- tJOq '~l> ........................................................................................ Committee Meeting Date: N/ A COUNCIL MEETING Date: Ja""~:6 'I. .:2oo{, , Department: . City Co . il , Presenter: Daren Nygren, Council President Phone: (360) 473-5280 SUMMARY: At~ached are the minutes f~r the Council Meeting held Dec.e.";"ber It.f, d.OOS- SUBJECT: Minutes of Meeting - /)e(,e Wt~"'" I C{, ~ ooS- , ATTACHMENTS: Minutes for ])~c-'.e~b<<- I~ ;}ooS- FISCAL IMPACTS (Include Budgeted Amount): 0 APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: , ' , FISCAUBUDGET: OPERATIONS: COUNCIL PRESIDENT: I CONSENT AGENDA [gJ I ~~ RECOMMENDED MOTION: Move to pass the Consent Agenda as presented. COUNClL ACTION: D Approve D Deny, D Table D Continue n No Action DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wedn~sday, December 14, 2005 The weekly m~eting of the City Council of, the City of Bremerton was called to order in the City Cou~cil Chambers, of the NORM DICKS GOVERNMENT CENTER 345 6th Street, Bremerton, Washington, Wednesday, December 14, 2005, at 5:30 PM, 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 ~Ierk Paula, Johnston, and Council Assistant Christine Grenier. , ' The Pledge of Allegiance was led by Council Member Cecil McConnell followed by the invocation provided by Pastor Dennis Payne'of Ebenezer African Methodist Episcopal Church, President Nyaren announced that a Pre-Council session was held in Council Conference Room 603 from 5:00 to 5:30 PM and that a Study Session will be held immediately following the meeting. PUBLIC SERVICE ANNOUNCEMENTS President Nvaren announced that a Joint Session will be held with the Central Kitsap Fire . Commissio~e'rs to'discuss the '~Proposed Merger" on Monday, December 19th beginning at 5:00 P.M. in the Mayor's Conference Room, Cecil McConnell' congratulated Boy Scouts John Alexander Timmerman and Nicholas Martin Parsons of Boy Scout Troop 1549 affiliated with the Holy Trinity Catholic Parish on attaining the rank of Eagle Scout. President Nyaren thanked City Clerk Paula Johnston for her efforts in making the Council process run more smoothly with regards to making sure Council has all of the necessary and acc~rate information in their packets prior to Council meetings. ' CONSENT AGENDA A. Check Numbers 304378 through 304559; EFT -8728 through EFT -8730; EFT -8732 through EFT- 8735; 87316P 'in the amount of $833,352,03 (#AB05-288) There were no comments from the public. 5:36:20 M/S/C/U (Priest/McConnell) Move to approve the Consent Agenda as presented. With no further bu,siness, the meeting of the City Council was adjourned at 5:37 P,M. The Council reconvened in the Council Conference Room for a STUDY SESSION to hear presentations on upcoming agenda items. Prepared and Submitted by: ~~.- ~~ C RISTINE GRENIER " Council Assistant Attest: PAULA JOHNSTON, City Cler,k DAREN NYGREN, City Council President DN/PJ/ls/cge PATE SUBMITTED: , AGENDA'BILL CITY OF BREMERTON .CITY COUNCIL BILL # 01::, - 60S" '("f ..................................~....................................................... Committee Meeting Date: N/ A COUNCIL MEETING Date: ;JIJ 111~4~ 1, ~ DI)' , Department: . City Coun, I Presenter: Daren Nygren, Council President Phone: (360)473-5280 SUMMARY:' Attached are the minutes for the Council Meeting held l>ea,,"~ ,;)..1, OlD~ SUBJECT: Minutes of Meeting - Dtc.ethb6r ;)./. a OoS" ATTACHMENTS: Minutes for Dece I ,.,., C -e.r- d-~ ~ oc)S" FISCAL IMPACTS (Include Budgeted Amount): 0 APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: .1 CONSENT AGENDA jgJ I ~~ RECOMMENDED MOTION: Move to pass the Consent Agenda as presented. COUNCIL ACTION: 0 Approve n Denv n Table n Continue n No Action DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, December 21, 2005 The weekly meeting of the City Council of the City of Bremerton was called to order in'the City Council Chambers, of the NORM DICKS GOVERNMENT CENTER 345 6th Street, Bremerton, Washington, Wednesday, December 21, 2005, at 5:30 PM, 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 Pledge of Allegiance was led by' Council Member Cecil McConnell followed by the invocation provided by Pastor Brian Banke of Memorial Lutheran ' Church. President Nvaren announced that a Pre-Council ses~ion was held in Council Conference Room 603 from 5:00 to 5:30 PM; if citizens would like'to ,receive information on upcoming Council meetings, they may ~o to the City's website at httD:/Iwww.ci.bremerton.wa.us. or call the Council Office' at (360) 473-5'280; and Item 7C was added under GENERAL BUSINESS. MAYOR'S REPORT '-, There was no report tonight. .. PUBLIC SERVICE ANNOUNCEMENTS President Nvaren read a proclamation .to proclaim The Month of January 2006 as 'IIKitsap County Mentoring Month", which he accepted on behalf of Maureen. Thacher of ~he ' Bremerton Housing Authority. CONSENT AGENDA A. Check Numbers 304560 through 304933; and EFT-8736 through EFT-8745 in the amount , of $1,249,984.56 (#AB05-289) . . B. Purchase of Property Insurance (#AB05-290) , C. Acceptance of Public Works Trust Fund Loan Agreement PW-05-691-PRE-135 (#AB05- 291) . D, Contract Award to L YDEL CON,STRUCTION for project titled "12-lnch Transmission Main, Union Avenue to Pump 8.tation 4" (#AB05-292) E. Purchase of inHANCE Utility Solutions -Billing Software by HARRIS (#AB05-293) F. Professional Services Agreement with RIVER OAKS COMMUNICATIONS CORPORATION for Consulting Services relating to Cable Franchise Renewal Process (#AB05-294) G. Assistant City Attorney Position (#AB05-295) H. Resolution No, 2983, authorizing the extension of an interfund loan from the Equipment Rental Reserve Fund to the Civic Improvement Fund (previously authorized by Resolution No. 2760) (#AB05-296) I. Resolution No, 2984, authorizing the extension of an interfund loan from the Equipment Rental Reserve Fund to the Wastewater Utility Fund (#AB05-297) There were no comments from the: public, 5:37:20 M/S/C/U (Priest/McConnell) Move to approve the Consent Agenda as presented, 6A - ~LOSED RECORD HEARING REGARDING RESOLUTION NO. 2985. APPROVING WATERSIDE LANE FINAL PLAT AND PLANNED UNIT DEVELOPMENT. FILE BP0400231 (#AB06-298): JoAnn Vidinhar, Community Development,' summarized that Resolution No. City Council 'Reg, Mtg, Minutes Wednesday, December 21,2005 Page 2 of 5 2938 granted preliminary approval to the Waterside Lane Plat and Planned Unit Develofment to divide 2,48 a,cres into 22 lots at the northeast corner of North Wycoff Avenue and 25 Street. The City Engineer and Community Development Director signatures accompany the final plat recommending approval. . President Nvaren read the Appearance of Fairness Doctrine and asked if any Council Members felt they have 1) demonstrated bias or prejudice Jor or against any party to the proceedings 2) a direct. or indire.ct monetary interest in the outcome of the proceedings 3) a ' prejudgment of the issue prior to the hearing the facts of the record or 4) ex parte contact with any individual, excluding administrative staff, with regard to an issue prior to the hearing, All Council Members were seated, . ' President Nvaren then asked if any member of the public believed any Council Members should excuse themselves due to a conflict with the Appearance of Fairness Doctrine. All Council Members remained seated, Mr. Lubovich summarized that the final plat is based on the preliminary plat which was already approved., the issue is whether or not conditions have been met which were discussed at the time of the preliminary plat approval. Mr. Gehrina asked if the viewing platform was included in the final plat. Ms. Vidinhar stated that the platform was discussed as part of the preliminary review but was not a condition of final approval, and that the platf~rm is still being discussed. 5:43:36 M/S/C/U (Arends/Short) Move to pas$ Resolution No, 2985 approving the final plat' for Waterside Lane and authorizing the City Cou,ncil President to sign the Mylar, 6B - HABITAT FOR HUMANITY OF KITSAP COUNTY REQUEST FOR $307.000 IN, HOME PROGRAM FUNDS (#ABOS-;299): Betsv Howe, Community Development, explained that as a rt:'eniber of the K.itsap 'County HOME Consortium. the City of Bremerton receives an annual allocation of HOME funds from the Department of Housing and Urban Development (HUD) to expand the supply of safe, sanitary and affordable housing for low income persons, The City Council will make the final determination concerning the use of HOME funds, There were no comments from the public. Mr. Gehrina provided comments in support of the project which would improve the availability of affordable housing,' ' , Mr. McConnell asked if there have been other applicants for this funding, Ms. Howe responded that there have been few applicants and that there are other ways of helping the community such as the First Time Home Buyers' Down Payment Assistance Program, Mr.' McConnell also asked how long the City could keep the money without allocating it. Ms. Howe answered that the funds would be obligated for 2 years and the project would need to be completed within 5 years. Mr. Shepherd ~entioned that providing affordable ho,using is one of the City's goals. Mr. Nvaren affirmed that affordable housing is on both the Mayor's and Council's list of goals. Ms. Howe encouraged people to contact either herself or Hugh Morgan at the Department of Community Development by calling (360) 473-5211 or (360) 473-5375 respectiyely to receive more information on the First Time Home Buyers' Down Payment Assistance Program, City Council.Reg. Mtg. Minutes 'Wedn~sday, December 21,2005 Page 3 of 5 ' 5:48:35 M/S/C/U (Gehring/Short) Move to approve allocation of $307,000 to Habitat for Humanity of Ki~sap 'County from HOME program funds, . 7A - PROFESSIONAL SERVICES AGREEMENT WITH TAX RECOVERY SERVICES LLC TO ~ERFORM BUSINESS AND O,CCUPATION .AND UTILITY TAX AUDITS (,#ABOS.3~0): Cathy Johnson, Financial Services believed that Financial SerVices has identified several, areas of potential tax recovery that could have a positive ongoing impact on future revenue collections. A review by TAX RECOVERY SERVICES' (TRS) has revealed several large national aod . international companies that are' not currently reporting or. paying required B & 0 tax to the City, , Since TRS has signJficant expertise in this area we propose to contract with them to identify those companies, audit their records and work'with them until they are paying their lawful share of B & 0 tax to the City, There were no c9mments from the public, Mr. McConnell asked how'long it ,would take to perform the audit. Cathy Johnson estimated that it would take about 75 tc;>110 hours per audit Ms. Lvon added t~at time would only be invested in audits that would ~ield a large recovery. . , Mr. Short asked'Where the,se types of,audits been done successfully and requested more background information'on TRS. Ms.',Lyon answered that the Cities of Seattle, Tacoma, Olympia",and Bellingham ha've had audits conducted by TRS. Mr. Short also expressed concerns of costs associated with this agreement for services. Ms. Lvon provided ,assurance , th~t per the agreement for the expectation of large recovery, if no money is collected then no fees will be collected. Mr. Nvaren asked if there were a possibility of recovering an amount and then paying equal amQ,unt in fees.' Ms. Lvon stated that was not her expectation. ' ' Ms. Robinson asked if coatract would be for 2 years, Ms. Lyon answered that the, contract could span up to 2 years, but she did not anticipate'the audit to take that amount of time, . , Mr. Gehrina asked if this audit will include review of the utility tax, Ms., Lvon responded that utility tax was included, in error and will not be subject to the audit. Mr~ Gehrina asked if there were any revenue steam projections available. Ms. Lvon was provided an estimate from TRS that the City could see a recovery of about $140,000 to $170,000 per company which could include 5 years 'retroactive payment. ' , Mr. Nyaren clarified that this is' about going after taxes that are owed to the city not creating new taxes; added that there will be future discussion about possibly reducing 8 and 0 taxes, Ms. Lyori emphasized that are several companies that are compliant and this wou'ld not affect them. , , 5:58:40 M/S/C/U (Arends/Priest) Move to approve the PSA with Tax Recovery Services, LLC to provide audit services and authQrize the Mayor to finalize and execute the necessary contract documents for the agreement in substantially the same form as presented. 7B - ORDINANCE NO. 4960 TO AMEND ORDINANCE NO. 4947. WHI,CH AMENDED' T~E FY2005 BUDGET AS ORIGINALLY ADOPTED 'BY ORDINANCe- NO. 4921 (#AB05-301 ): City Council Reg. Mtg, Minutes Wednesday, December 21, 2005 Page 4 of 5 Laura LYon, Financial Services Director stated that the Bremerton City Council adopted the 2005 annual City budget by .ordinance No, 4947 on September 7,2005, Certain progr~ms have been implemented, and actions taken since the September amendment which have an impact on the City's 2005 budget resulting in the need to further amend the 2005 budget document. Some of the changes address building association fees, general facilities costs, rebudgeted personnel costs and labor settlements, adjustment to the water fund for debt service, and placing the unexpended funds of the conference center construction fund into the ending balance of, the general capita'l improvement fund. ' ' There were no comments from the .public. Mr. MauDin, was pleased with the budget process that was accomplished ,this year" Mr,"SheDherd acknowledged the efforts of the finance committee to improve the budget process, 6:04:46 M/S/C/U ,(Arends/Robinson) Move to 'approve Ordinance No. 4960 amending Ordinance No. 4947 which amended the Fiscal Year 2005 Budget as originally a(topted. by Ordinance.No. 4921. 7C - APPROVAL OF ExtENSION OF THE CLOSING DATE ON THE SALE OF OLD FIRE STATION NO. 1 (#AB05-302l: Mr. Lubovich explained that Mr, Elie Benaron requested a one week ex.tension of the closing date of the purchase and sale transaction, Staff worked out the interfund loan payment. There were no comments from the public, 6,:07:14 M!S/C/U (Priest/Maupin) Move to approve extension of closing on the sale of old Fire Station No. 1 to no later than, January 6, 2q06 and that the interfund loan between the, ERR Fund and the Public Safety Bond' be authorized to remain outstanding until no later than , January 6, 2006 and that the 2006 budget shall be ame.nded to provide for the receipt of these funds and the repayment of the interfund loan accordingly in 2006. PUBLIC RECOGNITION - There were no questions or concerns addressed tonight. COUNCIL MEMBER REPORTS Mike Short thanked District 9 residents, fellow Council Members, and his wife for the.ir support; spoke well of Nick Wofford a~ his successor; and wished the community a Merry Ch'ristmas and Happy Holidays, ' Will MauDin commended Daren Nygren and Mike Short for their work during their terms; and wished all a Merry Christmas. ' Carol Arends wished everyone a Happy Hanukah and Merry Christmas; and congratulated Sue Sholtz of the Police Department for being mentioned in the Seattle Post Intelligencer and thanked her for her work on domestic violence, Dianne Robinson also thanked Mike Short for working closely on the cell phone committee, and commended Daren Nygren for his work as Council President; wished everyone a Merry ChrisJmas; and offered special thanks to Block Watch member Ron Jefferson who has provided gifts to the children and food for families living in Anderson Cove. 'City Council Reg. N1tg,.. Minutes Wednesday, 'December 21, 2005 Page 5 of 5 ' M,ike SheDherd attended the One Church One Family m.eeting last week and hoped that next month the group will transition from helplng 'other communities to applying,that data to Kitsap to see how we could help here; thanked Mi,ke Short and Daren Nygren for their service and hoped to see them as community activists'in the future. Wendy Priest 'will miss Mike Short and his wife's cookies; thanked Daren Nygren for his positive leadership; and also wished the community a Merry Christmas, ' Cecil McConnell, has "worked closely with. Mike Short and Daren Nygren over the past 2 years and will miss them; and wishec;l everyone a Merry Chri,stmas; Happy New Year, and Happy Holidays, - Brad Gehrina found that being on Council has been very informative, and enjoyed working with Mike Short and Daren Nygren; welcomed'Nick Wofford and Adam Brockus to the Council; encouraged safety during the holidays; and wished everyone a Merry Christmas and Happy Hanukah. ' Daren Nvaren mentioned that he wQuld be providing a resp~mse to Don Larson of Kitsap Trees regarding 'his complaint about a large tree being cut down, At this time it appears' that the'tree' was located on private property, and there is no City program i.n place to protecUrees on.private property; he also wished everyone a safe and happy holiday season,' . With no further business, the meetin9 of the CiW Council was adjourned at .6: 18 PM. Prepared and. Submitted by: tLJt'.~~ iJv~ CHRISTINE GRENIER' - Council Assistant Attest: PAULA JOHNSTON, City Clerk DAREN NYGREN, City Council President DN/PJ/ls/cge DATE SUBMITTED: AGENDA BILL CITY OF BREMERTON CITY COUNCIL BILL # 01&,- DO~ l.F' ......................................................................................... SUBJECT: Minutes of Meeting - Committee Meeting Date: Nt A , ' COUNCIL MEETING Date: ~1O'1l~<<~ 'I; ;).6^.f. Department:.. CIty Coun il Presenter: Daren Nygren, Council President Phone: (360)473~5280 SUMMARY: Attached are the minutes for the Council Meeting held l>eutlt\ber alBi Cl () DS . ]).e le.... b.r c;t 8, Ol 0 oS ATTACHMENTS: Minutes for /)eC:en-.', _. ce:r OlD, eXDoS FISCAL IMPACTS (Include Budgeted Amount): 0 APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAUBUDGET: OPERATIONS: COUNCIL PRESIDENT: I CONSENT AGENDA [gI1 ~~ RECOMMENDED MOTION: Move to pass the Consent Agenda as presented. COUNCIL ACTION: n Annrove n Df'nv n T~hlf' fI rn....+~,.'u10 rll\.T_ A ,..+~....._ DIGITAL RECORDING CITY COUNCIL MEETING MINUTES , , 'Wednesday, December 28, 2005 The weekly'meeting of the .city Council of the City of'Bremertcm \!Vas called to order in the City Counc,il Chambers, Qf the' NORM DICKS GOVER~MENT CENTER 345 6th Street,' Bremerton, Washington, Wednesday, DecemQ~r 28,,2005; at 5:30 PM, with 'Council President "Daren Nygren presiding, Council members present were Mike Short, Will Maupin, Carol, Arends, Dianne Robinson, Mike Sheph~rd, Wendy Priest; Cecil MqConnell, and Brad Gehring. Also present were Assistant City Attorney'Ken Bagwell, City Clerk Paula John$ton, and Legislative Assistant Lori Smith, . The Ple<;fge of, Allegiance was led by Council Member Cecil McConnell followed by' the invocation provided by Council Member Dianne Robinson, . President Nyaren announced that a Pre-Council session was held in Council Conference Room '603 from 5:00, to 5:30 PM to discuss upcoming, agenda items; and if citizens would like to receive'information on upcoming Council meetings, they may go to the City's website at http://\IW!wci,bremerton.wa.lJs,:or,calltheCounciIOffice,at (360) 473-5280. Vice President McConnell presented appreciation plaques to Council, Member Mike' Sho~ and C9uncil Member & President Daren Nyaren in reCognition' ~f their service to. the City of Bremerton for the last ,four years. ' CONSENT AGENDA , A. Gh~ck Numbers 304934 throu'gh 305019; and EFT-8746 through EFT-8757 in th~ amount of $601,418..73; Regular Payroll in the amount of'$628.080: 12 for the 'Pay period endi~g' December 15, 2005; and Retiree Payroll in the amount of $73,623.42 for the pay period ending December 31, 2005 (#AB05-303) " B. ReapP,ointment of Dennis Treger, CPA to the ~u~it Committee (#AB05-305) There were no comments from the public. 5:37:22 M/S/C/U (Priest/McConnell) Move to approve the Consent Agenda as presented, SA - PURCHASE AND SALE AGREEMENT BETWEEN THE CITY AND' CHEVRON U.S.A. IN~. REGARDING ACQUISITION 'OF REAL PROPERTY ADJACENT TO ~ERGREEN PARK (#AB05-207): Gary Sexton, Economic Development Director, explair:Jed :that the proposed purchase and sale agreement relates to the acquisition of 1,5-acres 'of land"adjacent to Eve~green p~r~ from CHEVRON U.S.A. INC.' The purchase price is $100,00. The City snail assume er:Jviron'mental responsibili~ies relating to ide~tified hazardous substances loca~ed at, on, and/or under the property as outlined in the Agreement. Bill Webb, 'of PARAMETRIX was avail~ble to address any questions ,or concerns. There were no comments from the public. President Nyaren noted that a citize~, John Hall! called him today to express his concern that the City was accepting too much 'liability with the purchase 'of this property. 5:47:42. M/S/C '(Arends/Priest) Move to approve the Purchase and Sale Agreement between the City of Bremerton and CHEVRON U.S,A. INC. for the, purchase of 1.5-acres of land adjacent to Evergreen Park; and authorize the Mayor to execute the Agreement in substantially, the 'same form as presented and further'authorize the Mayor to execute all documents necessary for closing the transaction. City Council Reg. Mtg. Minutes VVednesday,December28,2005 " Page 2 of 2 , ' Voted in 'favor of Motion: McConnell, Priest, Robinson, Arends, Maupin, Short, Gehring, Nygren Abstained: Shepherd Motion carried: 8-Yes; 1-Abstention 68 - ORDINANCE NO. 4961 TO AMEND ORDINANCE NO. 4956 TO MAKE: CORRECTIONS TO THE WASTEWATER SCHEDULE I#AB05-304): Ken Baawell, Assistant City Attorney, stated that Ordin~nce No: 4956 adopted 'new assessments, rates, fees, and charges for , , municipal water, wastewater, and stormwater service. The Retail VVastewater Service Rates in Ordinance No. 4956,did not incorPorate the increases as intended. The 'propos,ed ordinance amends Ordinance No. 4956 to establish the increase as intended. There were no comments from the p,ublic., 5:50:40 M/S/C (McConnell/Short) Move to pass Ordinance No. 4961, ,!"hich amends Ordinance No. 4956 to include wastewater rate increases as intended by Ordinance No. 4956.' , , Voted in favor of Motion: McConlJell, Priest, Robinson, Arends, Maupin, Short, Gehring, Nygren Voted opposed to the Motion: Shepherd . Motion carned: 8-Yes; 1-No Mike Short thanked his, wife Patricia for all her patience during his term as a Council Member, Daren Nyaren read a statemenHo express his pride in serving these past four years for the City of Bremerton; acknowledged the challenges that the Council still must face; thanked hi~ ' wife Lynn, his fellow Council, members and staff, City employees, and the citizens for allowing him to serve, He also thanked Mayor l30zeman for his friendship and leaderShip; and Elaine Valencia for her suggestion that he run for C'ouncil. , , VVith no further business, the meeting of the City Council was adjourned at 5:54 PM. Prepared and Submitted by: Attest: LORI SMITH LeQislative Assistant PAULA JOHNSTON, City Clerk. DAREN NYGREN, City Council President DN/PJlls/cge DATE SUBMITTED: December 16, 2005 BILL # 0/. - F; ~'; ~-,' ~:J - 1.,.>-.1_ AGENDA BILL CITY OF BREMERTON CITY COUNCIL . (.,G, ........................................................................................ Committee Meeting Date: Dece:r;nber,28,2005 COUNCIL MEETING pate: ' Janillrry 4, 2006 Department: PW& U, Engineering Presenter: Tom Knuckey Phone: 473-5288 SUMMARY: Sealed bids for construction of the project titled "Anderson Cr~ek Welltield Improvements, Pump Station 2 Upgrade" were opened on December 14,2005. The engineer's estimate for cqnstruction of the project is $ 470,000. Six bids were received for this project. Stan Palmer C;onstruction was the lowest. responsive, responsible bidder with a bid of $459,921.00 (including sales tax).. SUBJEC~: 'Award Contract for Anderson Creek W e~lfleld Improvements, Pump Station 2 Upgrade. ' ATTACHMENTS: 1) Bid Tabulation ~) Council Summary FISCAL IMPACTS (Include Budgeted Amount): The project is partially funded by a DWSRF loan at $1 ,03'5~ 700. Tp.e 2006 budget for this project is $600,000. : APPROVALS: ,,' /:-,..--~) DEPARTMENT DIRECTOR~ ~'~.~:.; c CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: y~ ~/'--- . RECOMMENDED MOTION: Move to award a contract in the amount of $459,921.00 (including. 'sales tax) with Stan Palmer Construction for construction of the project titled "Anderson Creek Wellfield Improvements, Pump Station 2 Upgrade" and authorize the Mayor to finalize and execute the necessary contract documents for construction. COuNCIL ACTION: 0 Approve 0 Deny 0 Table ab, Agenda Bills 2005, Anderson Creek Wellfield Improvements, PS 2 o Continue 0 No Action :;. . ,~. ..' _ a r- , ~ ' COUNCIL, SUMMARY ANDERSON CREEK WELLFIELD IMPROVEMENTS PUMP STATION 2 UPGRADES Contract Summary This project will inc~ease the discharge capacity for Pump Station ,2 from approxim~tely 2000 gpm to 4000 gpm. This increase in capacity will allow the City to take full, advantage of the increased Anderson Creek Wellfield yield, which was made possible by , the initial Wellfield I,mprovements Project. . The pump station upgrades will include an upgrade of the existing PSE electrical service, the replacement of all, four of the' existing pumps, replacement of .the existing' Motor Control Center, the installation.offourVariable Frequency Drives.(VFD's), and a manual transfer switch to allow the con~ection of an emergency generator. This project also includes installation of the electrical service, telemetry fiber optics, Motor COr:'ltrol Center, and Programmable Logic Controller for the new Well 6-R which wa$ constructed as part of the initial Wellfield Improvemen~s Project. Stan Palmer Construction was the low bidder at $459,921 (including sales tax), There were five other bids ranging from $472,953 to $535,081. The engineer's estimate for this project was $470,000,00. The construction will be completed within 180 days of Notice to Proceed. The estirpated completion date is mid July 2006. This project is included in the capital projects list for the recently cpmpleted rate study, the current Water System Comprehensive plan, and the CIP. Fiscal Summaiv The project is partially funded. by Drinking Water State R~volving Fund (DWSRF) Loan No. 01-65101-003. The loan has been executed and the loan terms are as follows: Loan Amount = ' , Loan Fee (included in Loan Amount) = Match Required = Term = ' I nterest Rate = ' Annual Debt Service (Approx) = $1,055,700.00 $20,700,00 $0 20-years 2.5% $66,068 The remaining project costs are funded by water utility rates, City of Bremerton . Anderson Creek Onsite Chlorine GeneratIOn December 2005 000000 0000<0<0 c:i c:i c:i c:i cO ,cO, 0.0001010 , "E ~,~ (;; ~,~HJ ,g'<tN <0 '<to, c:(")...... '<tEo')IO SEo')Eo') Eo') Eo') U) oooo"'~ 10 0 0 '10 (") ,CO ccic:ic:icci"':m '<too '<t (")1"- '" ,0 10 N '" 0)' r-: LON' LO"":CO: ..ll: (") '<t Eo') 'CO '<t ,N: CI) (") ...... '<t Eo') 'IX) I-Eo')Eo') Eo') ~ 000000, 000000: c:i c:i c:i c:i M (Ii' 00001010: .. q q ~ 10_ '<t~ ~ Cl)100 IO"'~ "CCOIO (")(")r;.,. ,:J ~ (;; ~ Eo') ~ .s '.\'. U) , --',- 00000'0 It) C! C! C! C! C! 'G;l g.=8888fijlJ; U)N ftI00101O"''C',I, 11.1 - ~ ci en Eo') ai r-:';:.; C'" :J 0 (") (") (") "'"', ec...... 0 (") ...... '<t Eo') '!:t~ 0::' ~ E Eo') Eo') Eo') ,~ ....Q .. a: E S ',>' ::) CI) :=" ~~:' N ~ zC ,,' Oz 00000)'0): ~O C!C!C!C!~~, <C~ ~8g~~~ t; CC, tl "'_ o. o. ''''. ("). 9.: .JllI'<t"'......NNt,Q., tl.::)U)~'<tEo')O)f%m; ::EIII"CEo')(;; ~ ~ ~~.~ i;i c c ,(;~ ai ~~ ,en 11.1 o ~ ':~ Cl a::: 2 '~'J a. 0 0 ; ::) .... ~ '>i N<<(11.I 0$; a:::>O()':m z Cl cc - cq ...: OWUa:::CO","",,' FI-xtl. ~. C<(2WC~@;': o - - , :s.ti:E:r: III I- W~ .- 11.1 U ...I en .; "0.1-2ecWOl: ~ :E CJi 11.1 I- ..J .,"," CI)::)>-a:::OCCO C a. en I- 'I- en iji' .E ~ ...... N (") "'" 10 ~, "C iXi i.;:-=~ DATE SUBMITTED: 12-21-05 BILL # AGENDA BILL CITY OF BREMERTON CITY COUNCIL (;(- ,-- !./{.) r? ~/ ~H ........................................................................................ SUBJECT: Resolution authorizing the first amendment and extension of-the Reimbursement Agreement between the City of Bremerton and Bank of America Committee Meeting Date: COUNCIL MEETING Date: Department: Presenter: Phone: 12-28-05 1-04-06 , Financial Services Laura Lyon 473-5722 SUMMARY: The City has issued and sold $10,865,000 par amount of 2003 Kitsap Regional Conference Center Parking Garage Weekly Rate Demand Revenue Bonds pursuant to Ordinance No. 4846. The payment of principal and interest on the Bonds is supported by an irrevocable direct-pay Letter of Credit issued by Bank of Nnerica, N.A. pursuant to the Reimbursement Agreement dated February 1,2003 between the City and the Bank. The,initial Lett~ of Credit expires on February 10, 2006 and per the terms of the Trust Ind~ture with US Bank National Assocation (trustee) the City must provide an extension or replacement of the Letter of Credit by January 11, 2006. Bank of America has provided a non-binding proposal letter dated December 13, 2005 which extends the expiration date of the initial Letter of Credit to Febru8.ry 10, 2008 and reduces the Letter of Credit fee accrual rate to 0.375% per annum. This resolution authorizes the Mayor and/or Director of Financial Services to execute the First Amendment to the Reimbursement Agreement in substantially the form as the Exhibit A attachment to the Resolution. ATTACHMENTS: Resolution with Attachment, Non-Binding Proposal Letter from Bank ofAmenca, N.A., Transmittal Memo FISCAL IMPACTS (Include Budgeted Amount): The adopted 2006 budget includes fees a,ssociated with the 2003 Conference Center Parking Garage Weekly Variable Rate Demand Revenue Bonds. The Letter of Credit fee per this amendment will be less than that budgeted for in 2006 due to the reduction of the fee ac~al rate fr~m the current 0.45% to 0.375% per annum. ' "? APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: RECOMMENDED MOTION: .' Move to approve Resolution No. :J '18 ~ authorizing the Mayor or Director of Financial Services to execute the First Amendment to the Reimbursement Agreement dated February 1, 2003 by and between the City and Bank of America N.A. extending the expiration date to February 10, 2008 for' the irrevocable direct-pay letter of credit issued by Bank of America supporting the payment of the principal and interest on the City's 2003 Kitsap Regional Conference Center Parking Garage Weekly Rate Demand Revenue Bonds. COUNCIL ACTION: n Approve n Deny D Table . n Continue D No Action B , ~~... . .~. ~:lt:?";{ :-t" t:>> ~;~j~" . t' F~ ',\:> ~~~:,,:: 'Me,morandum . . "~., -;.- '::', .,:I'~ To: Re: City Council Mayor Cary Bozeman' , :' ;/ Laura Lyon, Director of Financial service/. First Amendment to Reimbursement Agree':1ent with Bank of Ameri,ca " From: Date: December 21, 2005 I am ,asking the City Council to approve by Resolution the First Amendment to the Reimbursement Agreement providing for the extension ofthe Letter of Credit to, , February 10, 2008 and reducing the annual Letter of Credit fee to 0.375% per annum. Bank of America ~ , ~ Nancy D. Nuerenberg Senior Vice 'President Government Banking Bank of America 800 5111 Ave WA1-501-34-03 Seattle, WA 98104 Tel: 206.358.6279 Fax: 206.358,8818 nancy.d,nuerenberg@bankofamerica.com December 13, 2005 Ms. Laura Lyon , Director of Financial Services City of Bremerton 345-6th Street Suite 600 Bremerton, WA 98337-1873 (Delivered via Email to:Laura.Lyon@ci.bremerton.wa.us) I RE: City of Bremerton" Washington, Weekly Rate Demand Revenue Bonds, 2003 (Kitsap Regional Conference Center Parking Garage), Letter of Credit '. Dear Laura: Attached is a proposal by Bank of America ,to extend the expiration date of the above referenced Standby Letter of Credit. Please call me at (206)358-6279, or Tana Aardal at (206)358-8935 if you have any questions or comments regarding this proposal. Sincerely, r'7~~ Nancy Nuerenberg, SVP Senior 'Credit Products Officer cc: Judy Andrews, Gottlieb, Fisher & Andrews, PLLC Alan Schulkin, Schulkin Law Tana Aardal,' Bank of America BankofAmerica ~ '~ Summary of Terms and Conditions City of Bremerton December 13, 2005 Lender: , City of Bremerton, Washington (the "Borrower") Bank of America, NA (the "Bank") Irrevocable Transferable Letter of Credit No. 30q3581 issued by Bank for the Borrower's account, to U,S, Bank National Association ("Trustee") as 'beneficiary, in the oFiginal stated amount-of $10,975,139,00. (The "Credit Facility"). Borrower: Credit Facility: Expiration Date: , The Expiration Date of the Credit Facility shall be extended from February 10, 2006 to February 10, 2008. . Letter of Credit Fee: The annual Letter of Credit Fee shall be_reduced from 0.45% per annum to 0,375% per annum. Extension Fee: $2,000 extension fee, payable upon issuance of the extension 10 the Letter of Credit. ' All other terms and conditions: Borrower will pay Bank of America's reasonable attorney fees incurred in connection with the extension of the Cre~iit Facility, Borrower to provide Bank a legal opinion of nationally recognized bond counsel, in form and substance acceptable, to Bank and its legal counsel, that (i) the Ordinance and ,all documents related to the extension of the Credit Facility have been properly adopted, authorized and executed; and (ii) the Ordi'nance and all documents related to the extension of the Credit Facility constitute a legally binding obligation of the Borrower, enforceable according to their ter~s. No change to existing terms and conditions. Expenses: Legal opinion: For Discussion Purposes Only: This Summary of Terms and Conditions does n.ot constitute a commitment to lend by Bank of America or any of its affiliates and is' presented for discussion purposes only. The actual terms and conditions upon which Bank of America may extend credit to Borrower is subject to satisfactory completion of due diligence, necessary credit approval and such other terms and conditions as determined by Bank of America, in its sole discretion: ORAL AGREEMENTS ,OR ORAL COMMITMENTS TO LOAN MONEY, TO EXTEND CREDIT, OR TO FORBEAR FROM ENFOR<;:ING REPAYMENT OF A DEBT ARE NOT - ENFORCEABLE UNDER WASHINGTON LAW. RESOLUTION NO. 2l.18b A . RESOLUTION of the City Council of the City of Bremerton, W as~ngton, approving and authorizing the execution of the First Amendment to Reimbursement Agreement, amending the Reimburs~ent .Agreemen~ dated February 1, 2003, by and between the City and Bank of America, N.A., in order to extend the expiration date of the irrevocable direct-pay letter of credit issued by Bank of America, N.A., supporting the payment of the principal of and interest on the City's WEEKLY RATE DEMAND REVENUE BONDS, 2003 (Kitsap Regional Conference Center Parking Garage) and other documents necessary for the extension' of such letter of credit. WHEREAS, pursuant to Ordinance No. 4846 and the Trust Indenture (the "Indenture"), dated February 1,2003, by and between the City and U.S. Bank National Association, as trustee (the "Trustee"), the City of Bremerton (the "City") issued and sold its WEEKLY RATE DEMAND REVENUE- BONDS, 2003 (~tsap Regional Conference Center Parking Garage) (the "Bonds"), in the original aggregate principal amount of $1 0,865,000, to pay part of the costs of constructing and equipping a parking garage and public plaza in connection with the Kitsap Regional Conference Center; and . WHE~AS, the payment of the principal ,of and interest on the Bonds is supported by an irrevocable direct-p~y letter of credit (the "Initial Letter of Credit") issued by Bank of America, N.A. (the "B~") pursuant to a ReimburseD;1ent Agreement (the "Initial Reimbursement Agreement"), dated February 1,2003, by and between the City and the Bank; and ' WHEREAS, the Initial Letter of Credit expires on February 10, 2006; and WHEREAS, by way of a nOQ.-binding proposal letter dated December 13, 2005 (the "Proposal"), a-copy of which is on file with the City Clerk, the Bank has offered to extend. the expiration date of the Initial Letter of Credit to February 10,2008 and reduce the letter of credit fee accrual rate to' 0.375% per annum; and WHEREAS, the City deems it necessary and advisable that expiration of the Initial Letter of Credit be extended Under the terms and conditions in the Proposal; and , WHEREAS, it is deemed necessarY and advisable that certain documents necessary to the extension of the Initial Letter of Credit be authorized; NOW, THEREFORE, , THE CITY COUNCIL OF THE CITY OF BREMERTON; WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: 1 First Amendmentto Reimbursement Agreement 'with Bank of America, N.A. SECTION 1. Approval of Documents Pertaining to Extension of Initial Letter of Credit, For the purpose of extending, the ~xpiration date of the' Initial Letter of Credit to February 10,2008 and reducing the letter of credit fee accrual rate to 0.375% per annum, according to the ter:m.s of the Proposal, the City Council hereby authorizes, accepts and approves all the terms and conditions of the First Amendment to Reimbursement Agr:eement, b~tween the City and the Bank, in substantially the form attached as, Exhibit A hereto (the "First . Amendment"). The City Council further authorizes and directs either the Mayor or the Director of Financial Services of the City to execute and,deliver, for and on behalf of the City, to the Bank, the First Amendment, with such additions, deletions and modi~cations as are hereafter deemed by the Mayor or the Director of Financial Services of the City (whoever actually executes the First Amendment) to' be in the best interests of the City, and any other do~ents or certificates necessary for the extension of th€?o Imtial Letter of Credit. SECTION 2. Severability. .If anyone or more sections, subsections, or sentences of this Resolution are held t6 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 Coun<?il <?fthe City ofBremerton, Washington this ,2005. day of DAREN NYGREN, Council President APPROVED AS TO FORM: ArrEST: ROGER A. LUBOVICH, City Attorney PAULA JOHNSTON, City Clerk R:\LEGAL\Resolutions\Finance\Reimbursement Loan Extension.doc 2 First Amendment to Reimbursement Agreement , . with Bank of America, N.A. Attachment A to Resolution No, BankofAmerica. FIRST AMENDMENT TO REIMBURSEMENT AGREEMENT This First Amendment to Reimbursement Agreement ("First Modification") ,modJfies the Reimbursement Agreement dated Feb~uary 1, 2003 ("Agreement"), betw~n THE CITY OF BREMERTON, WASHINGTON ("the City") and BANK OF AMERICA, N.A. ("Bank"). Terms used in this Fir~t Modification, an<;j defined in the Agreement shall hav~ the meaning given to such terms in .the Agreement. For mutual consideration, the City and Bank agree to amend the Agreement as follows: 1. Expiration Date. Section 1.5 of the Agreement is amended to change the definition of "Expiration Date" to be February 10, '2008. Bank will, upon ,satisfaction of the conditions of Section 4 below, execute an amendment to the Letter of Credit reflecting such amendment of the Expiration Date. 2. Letter of Credit Fee. Subsection 3.1(d) of the Agreement is amended to provide that the "Letter of Credit Fee" shall be calculated as 0.375% of the Letter of Credi't Balance. 3. Representations and Warranties, When the City signs this First Modification, the City represents and warrants'to Bank that: ,(a) there is no event which is, 'or with notice or lapse of time or both would be,' a Default under the Agreement except those events, if any, that have been disclosed in writing to Bank or waived in writing'by Bank, (b) the representations and warranties,in the Agreement are true as of the date of this First Modificati'on as if made on the date of this First Modification, except to the extent they pertain 'specifically to a different date" (c) this First Modification does not conflict with any law, ordinance, resolution, agreement, indenture or obligation by which the City is bound, and (d) this First Modification is within the City's powers, has been duly authorized, and is a binding obligation of the City. 4. Conditions. This First Modification will be effective when Bank receives the following items, in form and content acceptable to Bank: (a) Evidence that the execution, delivery, and performance by the City of this First Modification and any instrument or agreement required under, this First Modification have been duly authorized. ' ' (b) Payment by the City of an extension fee of $2,000. (c) Payment by the City of all costs, expenses; and attorneys' fees (including allocated costs for in-house legal services) incurred by Bank in connection with this First Modification, 5. Other Terms. Except as specifically am~nded by this First Modification o.r any prior amendment, all other terms, conditions, and definitions of the Agreement, and all other documents, instruments, or agreements entered into with regard to the Letter of Credit, shall remain in full force and effect. ' 6. FINAL AGREEMENT. BY SIGNING THIS DOCUMENT EACH PARTY REPRESENTS AND AGRE~S THAT: (A) THIS, DOCUMENT REPRESENTS THE FINAL AGREEMENT BETWEEN PARTIES WITH RESPECT TO THE SUBJECT MATTER HEREOF, (B) THIS DOCUMENT SUP~R$EDES ANY COMMITMENT LETTER, TERM SHEET, OR OTHER WRITTEN OUTLINE OF TERMS AND 'CONDITIONS RELATING TO THE SUBJECT MATTER HEREOF~ UNLESS 'SUCH, COMMITMENT LETTER, ,TERM SHEET, ,OR OTHER WRITTEN OUTLINE OF TERMS AND CONDITIONS EXPRESSLY PROVIDES TO THE CONTRARY, (C)THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES, AND (D)THIS DOCUMENT MAY NOT BE.." CONTRADICTED BY EVIDENCE OF ANY PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL:' AGREEMENTS OR UNDERSTANDINGS OF THE PARTIES. 7. STATUTORY NOTICE. ORAL AGREEMENTS OR ORAL COMMITM~NTS'TO LOAN MONEY, TO EXTEND ,CREDIT, OR to FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON- LAW. FIRST MODIFICATION -1 - awsl0484/bremerton Attachment A to Resolution No. DATED as of January _' 2006. Bank: / ' BANK OF AMERICA, N.A. By Title FIRST MODIFICATION City: THE CITY OF BREMERTON By Title -2- aws/0484/bremerton