HomeMy WebLinkAbout04/05/2006 AGENDA
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CITY COUNCIL 3456th Street, Suite 600, Bremerton, WA 98337-1873 cg (360) 473-5280
***AMIEINlIOED***
APRIL 5, 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
B. 10-Minute Executive Session to Review Labor Negotiations per RCW 42.30. 140(4)(b).
2. CALL TO ORDER: 5:30 P.M. in MEETING CHAMBERS LOCATED ON FIRST FLOOR
A. Pledge of Allegiance
B. Invocation
3. MAYOR'S REPORT
4. PUBLIC RECOGNITION & ANNOUNCEMENTS - itA Call to Citizens..."
5. CONSENT AGENDA
A. Claims & Check Register (#AB06-067)
B. Amendment No. 1 to the Professional Services Agreement with GRANT SOLUTIONS for
Grant Writing Services (#AB06-068)
6. PUBLIC HEARINGS
A. Public Hearing and Ordinance No. 4967, approving and authorizing termination of the
Development Agreement with NORTHWEST CORPORATE CAMPUS, LLC (#AB06-069)
B. Public Hearing and Resolution No. 2991 to continue the Moratorium enacted November
30,2005; and continued by Resolution No. 2987, on development over 40-feet high in the
Highland/Pleasant Avenues District (#AB06-071)
C. First of 2 Public Hearings and Resolution No. 2993 regarding the Change-in-Use and
Future Sale of City Parks Property located at 1109 Warren Avenue; and demolition of
current structure Second Public Hearing to be held on Apri/19, 2Q06 (#AB06-072)
7. GENERAL BUSINESS
A Professional Services Agreement with P/\RAMETRIX, INC. for Port \Nashington Narrows
Be3ch Se'.ver, B03rd',\'3Ik, 3nd Evergreen P3rk Exp3nsion Project (lIAB06 073) Pulled...
8. COUNCIL MEMBER REPORTS
9. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING
fI 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
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My name is Jean Markovich.
I live at 4417 Petersville Rd, NE, Bremerton.
I am a former Field Director of this Girl Scout Program Center.
Thank you for giving us this opportunity to tell you about
ourselves, for we are noteworthy.
The following is a discription of a few of the things
that happen at the Program Center.
We are serving about 3000 girls and 900 adults.
The Center is used for many kinds of Girl Scout
& Camp Fire programs, planning and training.
A few of these are:
+ Leadership training -- helping train new leaders.
+ Consultant training -- resources for leaders.
+ Service Unit Manager Training - leader support.
+ Outdoor training - skills and safety.
+ Program Aid Training for older girls -they are a resource to the
leaders and the Service Unit.
+ Day Camp Training - learning your job and how it all fits
together.
+ Encampment planning and training.
As an example: Wildside: their 20 yr. Program success and
others.
+ Social and Thinking day events.
+ Planning for participation in a parade.
+ Overnites for beginning campers
Some of the Service Projects include:
+ Collecting food and clothing, making "toilet kits" for the
YWCA Alive Shelter.
+ Make favors for food trays for every holiday.
+ Singing in "adopted" nursing homes and retirement facilities.
+ 34,000 Boxes of Girl Scout Cookies were collected for:
Iraq
The USS Stennis
The USS Lincoln
Submarines and Marines stationed at Bangor. For the USS
Camden Homecoming the Girl Scouts used Troop Funds and
some donations to purchase ribbons
To make bows, distributed them and placed them everywhere
downtown Bremerton. For this service the Chamber
of Commerece of Bremerton made the Girl Scouts, "Special
Members" of the month.
+ Prepared bags of grain, (a special mix of different kinds)
some donated, some purchased with Girl Scout Troop funds.
This "Special Project" was for the "Feed the Chirldren" program.
+ Wrapped packages at Christmas for "Toys For Tots".
+ In partnership with the Humane Society by working. Went to
the shelter and played with the animals, cleaned cages,
collected food.
+ The Girl Scouts have had Olympic College Students from
Childhood Development classes, volunteer for us.
+ Supported the American Heart Association walk, this year.
+ Many members of the troop provide service to the building by
painting and cleaning, to keep it looking nice.
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Learning Values, being respectfull of others,
encouraging/promoting their self esteem are some of the goals
For the girls and these values and skills can transfer directly
Into their regular lives.
Do you have any questions?
Thank you very much for your time.
DATE SUBMITTED:
BILL # [J ~ .... () ("., 7
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
A
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SUBJECT:
Ciaim & Checks Register Approval
Committee Meeting Date:
COUNCIL MEETING Date:
Department:
Presenter:
Phone:
if-- 5"~ {/ 0
Financial Services
Cathy Johnson
SUMMARY:
ATTACHMENTS:
FISCAL IMP ACTS (Include Budgeted Amount):
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT: ~d;;;/ ~
RECOMMENDED MOTION: Move to approve:
1) Check #'s 3073 $';;( - '3 ()7t.R ~/
I CONSENT AGENDA IZII
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2) Regular Payroll for
$
. 3) Retiree Payroll for
$
COUNCIL ACTION: ~ove
o Deny 0 Table
o Continue- 0 No Action
DATE SUBMITTED: March 21, 2006
BILL #J2kj)1013
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
58
........................................................................................
SUBJECT: Amendment No. 1 to
Professional Services Agreement with Grant-
Solutions for Grant Writing Services
Committee Meeting Date: March 29,2006
COUNCIL MEETING Date: April 5, 2006
Department: PW &U, Engineering
Presenter: Tom Knuckey
Phone: (360) 473-2376
SUMMARY: In September, 2005 the City contracted with Grant Solutions for limited grant writing
services to be performed on a trial basis. Working with the grant writer, staff have identified several
grants and loans to be pursued in 2006. The requested action before Council is amendment to the
existing contract with Grant-Solutions for professional grant writing services.
ATTACHMENTS: 1. Council Summary; 2. Professional Services Agreement; 3. Amendment No.1
to Professional Services Agreement
FISCAL IMPACTS (Include Budgeted Amount): The amount of the Professional Services
Agreement is increased $30,000 to a not to exceed total of $50,000. The 2006 budget for this work is
included in the Water and Wastewater Funds.
APPROV ALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
I CONSENT AGENDA ~
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
RECOMMENDED MOTION: Move to approve Amend ent No.1 to the existing Professional
Services Agreement with Grant-Solutions for professional grant writing services and authorize the
Mayor to finalize and execute the necessary contact documents for the agreement.
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
ab, Agenda Bills 2006, PSA Grant Writing Services Arum No 1,3-06
o Continue 0 No Action
COUNCIL SUMMARY
AMENDMENT No.1 TO PROFESSIONAL SERVICES AGREEMENT WITH
GRANT-SOLUTIONS FOR GRANT WRITING SERVICES
Contract Summary
The WORK to be completed under this Professional Services Agreement is identification
of grant and loan funds, submittal of applications for the identified funds, and agency
follow-up and coordination as required for obtaining the funds.
Working with the Consultant, staff identified 6 Public Works Trust Fund and Drinking
Water State Revolving fund loans to pursue in 2006, see table below. In addition, a
placeholder amount of $20,000 is included to allow Grant-Solutions to provide funding
assistance support for the Port Washington Narrows Beach Sewer and Public Access
project, and other currently undefined projects.
Base Total
Proposed Application Application Application Potential Encumbered
Application Date Amt Fee Bonus Value
CW1 Upgrade - PWTF May-06 $650,000 $1,250 $0 $1,250
WWTP Upgrade -
PWTF May-06 $3,500,000 $2,000 $0 $2,000
Sheldon Blvd Sewer -
PWTF May-06 $300,000 $1 ,000 $0 $1,000
Ultraviolet Disinfection
- DWSRF May-06 $2,500,000 $2,000 $0 $2,000
24-lnch TM Under
SR3 - DWSRF May-06 $1,500,000 $1,750 $0 $1,750
E490 & W256
Pressure Zone
Extensions - DWSRF May-06 $1,000,000 $2,000 $0 $2,000
Miscellaneous Future
proposals for
Conservation, Parks,
Boardwalk, culverts, March-Dec-
infrastructure, etc. 06 $10,000,000 $14,000 $6,000 $20,000
Total - Propos~d $19,450,000 $24,000 $30,000
Fiscal Summary
Grant writing is funded by the individual projects that the funds will be obtained for and
by the appropriate Utility Fund when no project currently exists.
City of Bremerton
Beach Sewer Replacement Pre-design
PROFESSIONAL SERVICES AGR.EEMENT
Grant-Solutions
Grant Writing Services
The City of Bremerton ("City") and Grant-Solutions ("Consultant"), referred to
collectively as the "Parties," enter into the following Agreement for professional services:
I. Scope: The Consultant agrees to perform the services more specifically described in the
Scope of Work attached hereto as Exhibit A, which is incorporated by reference herein. The
Scope of Work may be modified only pursuant to Section VII.G. of this Agreement. If the Scope
of Work provides for unspecified additional services such services shall only be performed upon
the express written request of the City. Consultant further represents that the services furnished
under this Agreement will be performed in accordance with generally accepted professional
practices in effect at the time such services are performed.
II. Term: The City and the Consultant agree that work will begin on the tasks described in
Exhibit A immediately upon execution of this Agreement. The parties agree that the work
described in Exhibit A is to be completed on a case by case basis as authorized by the City. The
Term of this Agreement is from September 1,2005 to September 1,2006.
III. Compensation: In consideration of the services provided pursuant to this Agreement, the
City shall pay Consultant in an amount not to exceed $20,000. Consultant's charges and bills
shall conform to the fee schedule attached hereto as Exhibit B and incorporated herein by this
reference.
The Consultant shall submit regular billing statements detailing the work performed and
the amount charged on each task or portion thereof. The descriptions shall conform to and fall
within the categories set out in the Scope of Work and/or Fee Schedule. Upon receipt of a
conforming billing statement, the City shall promptly process payment. PROVIDED,
HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay
work tasks under the time frame set forth in Section II herein. The Consultant's labor rates and
billing fees shall be as delineated in Exhibit B.
Consultant shall not perform work beyond the Scope of Work, nor shall be compensated
for such work, unless the Scope of Work or amount of compensation is modified pursuant to this
Agreement. Consultant shall only be compensated for additional services if requested pursuant
to Section I and, if not otherwise provided, such compensation shall be in accordance with
Exhibit B.
If a billing statement does not conform to this Agreement, the City may withhold
payment until the statement is brought into compliance. Such withholding does not relieve
Consultant of its obligations under this Agreement.
IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed
in the Scope of Work and is performing independent functions and responsibilities within its
field of expertise. Consultant and its personnel are independent Consultants and not employees
Bremelion/Grant Solutions
Grant Writing Services
Page 1 of6
/1i51
of the City. Consultant and its personnel have no authority to bind the City or to control the
City's employees and other Consultants. None of the benefits provided by the City to its
employees, including, but not limited to, compensation, insurance, and unemployment insurance
are avaiiable from the City to the employees, agents, representatives, or sub-Consultants of the
Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of
Consultant's agents, employees, representatives and sub-Consultants during the performance of
this Agreement. The City may, during the term of this A)sreement, engage other independent
Consultants to perform the same or similar work.
As an independent Consultant, Consultant is responsible for its own management. The
City's administration CLl1d enforcement of this Agreement shall not be deemed an exercise of
managerial control over Consultant or its personnel.
As an independent Consultant, Consultant is responsible for payment of all taxes and
licensing fees necessary to perform its obligations under this Agreement. These taxes and fees
include but are not limited to State industlial insurance, Business & Occupation, State
professional licensing, and City business licensing. If any taxes or fees due the City have been
declared delinquent, the City may witIiliold the delinquent amount, plus any additional charges
arising from the delinquency, from any payments due Consultant.
V. Indemnification: Consultant shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages,
losses or suits, including all legal costs and attorney fees, arising out of or in connection with the
performance of this Agreement, except for that portion of the injuries and damages caused by the
City's sole negligence.
The City's review or acceptance of any of the work when completed shall not be grounds
to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to
RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons
or damages to property caused by or resulting from the concurrent negligence of the Consultant
and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability
hereunder shall be only to the extent ofthe Consultant's negligence.
IT IS FURTHER, SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S
WANER OF IMrvf(JNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY
FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER
ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this Agreement.
BremertonJGrant Solutions
Grant Writing Services
Page20f6
II/D--..
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VI. Insurance:
Before beginning work on the project described in this Agreement, the Consultant shall
provide a Certificate of Insurance evidencing: Professional Liability insurance with limits no less
than $1,000,000 limit per occurrence/claim.
VI!.
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A. Reports and Information: When requested by the City, Consultant shall furnish
periodic reports and documents on matters covered by this Agreement. The reports and
documents shall be furnished in the time and form requested. Consultant shall maintain
accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to
substantiate all billed amounts.
B. Ownership and Use of Records and Documents: Original documents, drawings,
designs and reports, including those in electronic format, developed under this Agreement are the
property of the City. All written information submitted by the City to the Consultant in
connection with the services performed by the Consultant under this Agreement will be
safeguarded by the Consultant to at least the same extent as the Consultant safeguards like
information relating to its own business. If such information is publicly available or is already in
Consultant's possession or known to it, or is rightfully obtained by the Consultant from third
parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise.
All data, documents and files created by Consultant under this Agreement may be stored
at Consultant's office in Poulsbo, Washington. Consultant shall make such data, documents, and
tiles available to the City upon its request at all reasonable times for the purpose of editing,
modifying and updating as necessary until such time as the City is capable of storing such
information in the City's offices. Duplicate copies of this information shall be provided to the
City upon its request, and at reasonable cost.
All documents, including all reports, drawings, specifications, computer software or other
items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service
with respect to the project and are the property of the City. Any reuse by the City for other than
the specific purpose intended will be at City's sole risk.
\
C. Work Performed at Consultant's Risk: Consultant shall take all precautions necessary
and shall be responsible for the safety of its employees, agents, and sub-consultants in the
performance of the work hereunder and shall utilize all protection necessary for that purpose.
All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss
of or damage to materials, tools, or other articles used or held for use in connection with the
work.
D. Place of Work: The Consultant shall perform the work authorized under this
Agreement at its offices in Poulsbo, Washington. Meetings with the City staff as described in
BremertonlGrant Solutions
Grant Writing Services
Page 3 of6
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IV]
Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed
upon by the parties.
E. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement
between the Parties, and the Pmiies acknowledge that there are no other agreements, written or
oral, that have not been set forth in the text ofthis Agreement.
F. Severability: Should any pmi of this Agreement be found void, the balance of the
Agreement shall remain in full force and effect.
G. Modification: This Agreement may only be modified by wlltten instrument signed by
both Parties.
H. Written Notices: All communications regarding this Agreement shall be sent to the
parties at the addresses listed below by registered or 1st class mail, or by personal service, and
shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement
or such other address as may be hereafter specified in writing.
City Address
Michael Mecham
3027 Olympus Drive
Bremerton W A, 98310
Consultant Address
Grant-Solutions
17212 Lemolo Shore Drive
Poulsbo, W A 98370
1. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a
waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be
deemed waiver of any other right or power.
1. Non-Waiver of Breach: The failure of the City to insist upon strict performance of any
of the covenants and agreements contained herein, or to exercise any option herein conferred in
one or more instances shall not be construed to be a waiver or relinquishment of said covenants,
agreements or options, and the same shall be and remain in full force and effect.
K. Compliance with Laws: Consultant shall comply with all applicable Federal, State,
and local laws in performing its obligations under this Agreement.
,
L. Choice of Law and Venue: This Agreement shall be interpreted according to the laws
of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement
shall be brought in Kitsap County Superior Court.
M. Attorneys' Fees: 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.
consent of the City shall be void.
N. Assignment: A..'1y assignment of this agreement by the Contractor without the written
Bremerton/Grant Solutions
Grant Writing Services
Page 4 of6
1.,1\
IV}!,
VIII. Nondiscrimination: Consultant shall not discriminate in employment or services to the
public on the basis of race, color, national origin, sex, religion, age, marital status, or disability,
except for employment actions based on bona fide occupational qualification.
IX. Termination: This Agreement shall remain in force until completion and acceptance of
the services, terminated by written instrument upon mutual consent, or by the City of Bremerton
for convenience. This Agreement may be immediately terminated for cause by a Pm1y if the
other Party substantially fails to perform tI->...rough no fault of the terminating Party, and the non-
performing Party does not commence correction of the failure of performance within thirty (30)
days of the terminating Party's sending notice to the non-performing Party. Any Notice by
Consultant shall include a report showing the status of all items listed in the Scope of Work
current through the termination date.
If the City receives reimbursement by any federal, state, or other source for work described in
Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is
cancelled or substantially reduced after the execution date of this Agreement and prior to the
completion of the work, the City may summarily terminate this Agreement.
A. Excusable Delays: The right of Consultant to proceed shall not be terminated nor shall
Consultant be charged with liquidated damages for any delays in the completion of the work due
to: 1) any acts of the federal government in controlling, restricting, or requisitioning materials,
equipment, tools, or labor by reason of war, national defense, or other national emergency; 2)
any acts of the City, its consultants, or other public agencies causing such delay; and 3) causes
not reasonably foreseeable by the parties at the time of the execution of the Agreement that are
beyond the control and without the fault or negligence of the Consultant, including, but not
restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED,
HOWEVER, that the Consultant must promptly notify the City within ten (10) calendar days in
writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement,
the delay is properly excusable, the City shall, in writing, extend the time for completing the
work for a period of time commensurate with the period of excusable delay.
B. Rights Upon Tennination: In the event of termination, the City shall pay for all
services performed by the Consultant to the effective date of termination, as described on a final
invoice submitted to the City. After termination, the City may take possession of all records and
data within the Consultant's possession pertaining to this project which may be used by the City
without restriction. \Any such use not related to the project which Consultant was contracted to
perform shall be without liability or legal exposure to the Consultant.
CITY OF BREMERTON
CONSULTANT
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BremertonlGrant Solutions
Grant Writing Services
Page 5 of6
R:iLEGALIContracls\FORMS\ProfessionaJ Services Agreement Form (2003).doc
Bremerton/Grant Solutions
Grant Writing Services
Page 6 of6
EXHIBIT A: SCOPE OF WORK
L Scope of Services
A. General Description
Consultant agrees to provide general agency identification and grant procurement services to
make and submit complete grant proposals on the behalf of the City. Consultant agrees to
provide any and all services required to effectively achieve the objective of this Agreement. Any
work conducted outside the scope of this Agreement is subject to additional fees and no such
additional work shall be undertaken except pursuant to an amendment to this Agreement signed
by both parties.
B. Research, Assessment and Funding Plan
1. Within thirty (30) days after execution of this Agreement, Consultant agrees to facilitate
and conduct an assessment meeting to identify priority areas.
2. Within forty-five (45) days ofthe assessment meeting, Consultant agrees to generate and
provide an "initial" report of potential funding sources for specified projects within the priority
areas. This report can be verbal or via email.
3. City agrees to discuss this "initial" report to determine the most effective funding
sources/strategies for each specified project and priority area.
4. Upon Completion of the "initial" report Consultant shall issue a Final Funding report.
5. Both parties understand and agree that other funding sources not set forth in the Final
Funding Report may be identified or become available.
6. Consultant agrees to conduct continued research during the term ofthis Agreement and to
compile a report of grant funding sources as they become available or are announced.
C. Information Provision
1. As soon as possible, and in all cases prior to authorization to prepare an application for
funding, Consultant shall notify City whether, and the amount of, any matching funds which may
or shall be required \n order to qualify for award of funding, or which mayor shall be required to
complete tasks identified in the objectives ofa specific application.
2. Upon written request, Consultant shall provide a copy of the Request for Proposal (RFP)
for each funding source specified, such copy to be provided within five (5) working days of said
request and subject to the availability ofthe RFP.
D. Conditions ofRFPs
1. City understands that the RFPs contain all conditions, regulations, and requirements
associated with the grant for use of any funds awarded by the funding source. City accepts
responsibility for understanding the terms and conditions and for complying with said terms.
2. City shall review the requested RFPs within five (5) working days, or by a time mutually
agreed upon by both parties, from the date of City's receipt ofRFPs.
E. Authorization of Proposals Identified
1. Following City's review, and before Consultant prepares any application, City shall
authorize Consultant in writing or by electronic mail to prepare and submit such application.
F. Program Design for Authorized Proposals
1. For any application authorized to be prepared by Consultant, Consultant shall collaborate
with City to develop a program design for the parameters of such grant application.
a. Consultant shall provide for City a written list of all information reasonably
necessary to submit the application.
b. City agrees to use its best efforts to provide Consultant requested materials within
five (5) working days of the program design meeting, or by a time mutually agreed upon by both.
(i) Any time other than five (5) working days mutually agreed upon shall be
determined during this meeting, initialed by a representative at the prOg!alll design meeting, and
returned to Consultant.
(ii) "Provision of information" or "provision of requested materials" shall
include, but are not limited to, the reasonable provision of complete and accurate disclosure of
financial, programmatic or other information Consultant requests to complete authorized
applications.
c. Where both parties agree, Consultant may pursue applications with short
deadlines by using teleconferencing to develop program design.
(i) Upon electronic or faxed and initialed approval by City, Consultant shall
request that all requisite supporting information be provided it either orally or in writing.
(ii) City agrees to provide Consultant all such requisite supporting information
within seven (7) working days from the date of the request or within such other time mutually
agreed upon by both parties.
II. Grant Writing
1. Consultant shall be responsible to write grant applications identified by and in
cooperation with Ci~y.
2. Consultant agrees to review all potential funding opportunities and to receive written
approval to submit applications from City, prior to any solicitation efforts by Consultant.
Consultant reserves the right to initiate discussion with grantors prior to submission of any grant
application including review of draft proposals. As Consultant requests requisite supporting
information from City, City agrees to use best efforts to provide requested materials within seven
(7) working days, or within such other time mutually agreed upon by both parties.
Grant Writing Services
Exhibit A: Scope of Work
Page 2 of3
2
III. Obligations of City
1. City agrees to comply with all reasonable requests of Consultant and to provide access to
pertinent documents necessary for Consultant to provide services under this Agreement.
2. Such pertinent documents include but are not limited to budget information, previously
written proposals, background, research, maps and other source documents, demographic data,
and review of proposal drafts. Consultant may, subject to City approval, use these and other
materials such as maps, documents and presentations for other grant applications.
3. City understands the services offered and described in this Agreement are time-sensitive,
and will comply with all Consultant's informational requests by ensuring Consultant receives all
reasonable requests for information within the time period, as specified in this Agreement.
4. If after authorizing Consultant to submit an application, City fails to provide necessary
materials, approvals, signatures or other pertinent information which results in an incomplete
proposal or failure to meet grant deadlines, City agrees to compensate the contractor according to
the project fee table in Exhibit B.
5. City shall notify Consultant within 3 business days from receipt of notification of grant
award, rejection, or a request for more information from the funding agency. Whenever possible,
City agrees to provide Consultant with copies of any letters, faxes or other notification/funding.
Grant Writing Services
Exhibit A: Scope of Work
Page 3 of3
3
EXHIBIT B: COMPENSATION
Compensation, Costs, and Method of Payment:
A. Payment Schedule
1. $500 upon execution of this Agreement as a retainer for the Consultant's services that
___~11 Le ,....~-,-,: .-l~--e...l -~~.~ ~-+ +-.......~wn-rl..... +t............ de"e1r.........-v'oo.n+ .-..+....... .g"lY\,...1;nrr c.'YY'Ior)+r~"V" a.......rl rnsc>"rCh
Will U CUll:SIUt:1 U VaYlllt:llL LV tllU;:' Ule; v IV'plllc..1 l VI a lUllUII/:, lllUlli.'\. 11U 1v vUl 11
conducted to determine funding opportunities as described under scope of services.
2. If the consultant is tasked with other consultant related work on behalf ofthe City, and
approved by the City after proposal for said work, costs are payable at $65 per hour.
3. In addition to and including the retainer provided for in A.1. City shall pay project fees
for alI approved projects and award bonuses for all grants actualIy awarded in accordance
with the following schedule:
Authorized Project Request (Fee)
ot Project Fee Grand Award Total Potential
A warded Grant (Bonus) Bonus Compensation
$0 $20,000 $750 $750
20,001 50,000 1,250 $500 1,750
50,001 75,000 1,500 750 2,250
75,001 100,000 1,750 1,000 2,750
100,001 200,000 2,250 1,500 3,750
200,001 500,000 2,500 1,750 4,250
500,001 1,000,000 3,000 2,000 5,000
1,000,001 10,000,000 4,000 0.2% ~6400 to 24,000
B. Costs and Expenses: Consultant will draft, copy and mail all proposals and solicitations.
1. All copying, mailing and other materials, as requested from funding agency, associated
with solicitations will be paid by Consultant.
2. Consultant shall be responsible for all other costs and expenses associated with activities
and solicitations undertaken pursuant to this Agreement. Such cost includes, but are not limited
to, all costs of equi~ment provided by Consultant, communication costs, all professional fees, all
licenses, office overhead and any other costs of doing business.
3. Consultant shall retainthe right to use telecommunications and telecommuting tools and
instruments to complete tasks under this Agreement.
AMENDMENT NO.1 TO
PROFESSIONAL SERVICES AGREEMENT
Grant-Solutions
Grant Writing Services
The City of Bremerton (City) and Grant-Solutions (Consultant) desire to supplement the
Professional Services Agreement executed on September 20, 2005.
All provisions in the Agreement remain in effect except as expressly modified in this
Amendment No.1 as follows:
Paragraph II, Term is revised as follows: the contract termination date is extended to
December 31, 2007.
Paragraph III, Compensation is revised as follows: total compensation under this contract is
increased $30,000 from the $20,000 previously authorized. Total compensation under this
contract shall not exceed $50,000. The Consultant's labor rates and billing fees are further
revised as set forth in the attached Exhibit B.
In witness whereof, the parties have executed this Amendment and agree to the changes as
stated above as of , 2006.
Grant-Solutions
City of Bremerton
Kathleen Byrne-Barrantes
Sole Proprietor
Cary Bozeman
Mayor
DEPARTMENTAL APPROVAL
Phil Williams,
Director of Public Works and Utilities
APPROVED AS TO FORM:
Ken Bagwell
Assistant City Attorney
EXHIBIT B
ADD the following under Section A. Payment Schedule:
4. Payment for Public Works Trust Fund Loan and Drinking Water State Revolving Fund Loan
applications shall be paid in accordance with the following schedule.
Authorized Project Request Application Fee Grand Award Total Compensation
Bonus
$0 $500,000 $1,000 $0 $1,000
$500,001 $1,000,000 $1,250 $0 $1,250
$1,000,001 $2,000,000 $1,750 $0 $1,750
$2,000,001 $10,000,000 $2,000 $0 $2,000
DATE SUBMITTED: March 22,2006
BILL # f:;t. - (J/p q
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
~A
........................................................................................
SUBJECT: Public Hearing on Ordinance
No. 1Cf(P 7 approving and
authorizing termination of the Development
Agreement with Northwest Corporate
Campus, LLC
Committee Meeting Date: March 29,2006
COUNCIL MEETING Date: April 5, 2006
Department: City Attorney's Office
Presenter: Roger Lubovich
Phone: 473-2345
SUMMARY: The City entered into a Development Agreement with Northwest Corporate Campus,
LLC. L160-l Kitsap, LLC has purchased the property subject to the Development Agreement and
desires to develop the property with residential units consistent with the current zoning of the
property. L 160-1 Kitsap, LLC, as successor in interest to the Development Agreement, is requesting
termination of the Development Agreement in order to develop the property consistent with its current
zonmg.
ATTACHMENTS:
1. Proposed Ordinance
2. Proposed Agreement Terminating Development Agreement Between the City of Bremerton and
Northwest Corporate Campus, LLC
FISCAL IMPACTS (Include Budgeted Amount):
APPROV ALS:
DEP AR TMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
J.tp tJJIYJ "3/..2.1:{ /0 &
k~~~f~~
~!d/ (hV
CONSENT AGENDA
RECOMMENDED MOTION:
Move to pass Ordinance No. {q" 7 approving and authorizing termination of the Development
Agreement Between the City of Bremerton and Northwest Corporate Campus, LLC.
COUNCIL ACTION: D Approve D Deny D Table
D Continue D No Action
ORDINANCE NO. 4- ~ ro 7
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, approving and authorizing termination of
the Development Agreement between Northwest Corporate
Campus and the City of Bremerton.
WHEREAS, the legislature of the state of Washington enacted RCW 36.70B.170
through 36.70B.210 (the "Development Agreement Statute), which authorizes a local
government to enter into a development agreement with the owner of real property regarding the
development of such property and establishing certain development rights; and
WHEREAS, The City Council adopted provisions in its development regulations,
Bremerton Municipal Code (BMC) Section 21.02.900, which allow for a Development
Agreement consistent with state law; and
WHEREAS, During 1999, Northwest Corporate Campus (NWCC) owned certain
real property consisting of approximately 188 acres located in the City Urban Growth Area, as
diagramed in Exhibit A (Conceptual Site Plan) and more particularly described in Exhibit B
(Legal Description) ofthe Development Agreement; and
WHEREAS, NWCC intended to develop an Industrial Park and planned to
provide a range of employment opportunities and the infrastructure systems to support them; and
WHEREAS, NWCC filed with the City of Bremerton, a proposed Development
Agreement; and
WHEREAS, the City of Bremerton Planning Commission conducted a public
meeting on November 16, 1999, and recommended to the City Council approval of the
Agreement containing those terms as modified by the Commission; and
WHEREAS, the Bremerton City Council, after a duly noticed public hearing on
December 29, 1999, made appropriate findings and adopted Ordinance No. 4693 approving the
Development Agreement, which was recorded on November 28,2000 under Kitsap County
Auditor's File No. 200011280204; and
WHEREAS, no development has occurred on the site following execution and
recording of the Development Agreement; and
1
NWCC Development Agreement
Termination
WHEREAS, the City adopted a new Comprehensive Plan for the City on or about
December 1, 2004; and
WHEREAS, the City adopted a new Zoning Code on or about November 30,
2005 which zones the property R -10; and
WHEREAS, on or about October 10,2005, L160-l Kitsap, LLC acquired most of
the property subject to the Development Agreement and is thereby successor in interest to said
property. The property acquired by L 160-1 Kitsap, LLC is legally described in Exhibit A
attached hereto and incorporated herein by this reference; and
WHEREAS, L160-l Kitsap, LLC desires to develop the property with residential
units consistent with the new zoning; and
WHEREAS, L160-1 Kitsap, LLC's anticipated development ofthe-property is
inconsistent with the Development Agreement and therefore L160-1 Kitsap, LLC has requested
that the Development Agreement be terminated; and
WHEREAS, pursuant to the terms of the Development Agreement, any major
modification of the terms of the Agreement must be processed in the manner in which the
Agreement was processed and approved; and
WHEREAS, the City held a public hearing on this ordinance terminating the
Development Agreement; and
WHEREAS, the City Council finds that termination of the Development
Agreement would be consistent with and further the City's land use goals and policies for
development of the area; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The City Council approves and authorizes the termination of the
Development Agreement between Northwest Corporate Campus, LLC and the City of
Bremerton, which was recorded under Kitsap County Auditor's File No. 200011280204 on
November 28, 2000.
SECTION 2. The Mayor is hereby authorized to execute and record any and all
documents necessary to terminate the Development Agreement.
SECTION 3. Severa b ilitv. If anyone or more sections, subsections, or
sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not
2
NWCC Development Agreement
Termination
affect the validity ofthe remaining portion ofthis ordinance and the same shall remain in full
force and effect.
SECTION 4. Effective Date. This ordinance shall take effect and be in force ten
(10) days from and after its passage, approval and publication as provided by law.
PASSED by the City Council the
day of
,2006
CECIL McCONNELL, Council President
Approved this
day of
,2006
CARY BOZEMAN, Mayor
ATTEST:
APPROVED AS TO FORM:
PAULA JOHNSTON, City Clerk
ROGER A. LUBOVICH, City Attorney
PUBLISHED the
EFFECTIVE the
ORDINANCE NO.
day of
day of
,2006
,2006
R:\LEGAL\Ordinances\Community Development\NWCC Development Agreement termination. doc
3
NWCC Development Agreement
Termination
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03/14/2005 13:32 4255095883
BARCLAYSNORTH
PAGE 39/40
April 41 2000
, .File #2652210
,"
NORTHWEST CORPORATE cAMPus
COMMERCIAL PROPERTY'
LEGAL DJ:SCRIPTJON
A PARCEL ,OF 4AND L TIN 0 IN nIB ~ORTIIWEST QUARTER. 9F SECTION. 4,
TOWNSHIP 23 NORm, RANGE 1 EAST,' AND TIm SOVTHWEST QUARTER OF
SECTION 33, TOWNSHlP 24 NORTH, RANGE 1 EAST, WILLAME1J'E MERIDIAN, CITY.
OF.BREMERTO~J KITSAP. COUNTY, W A~HING:ON, PESCRIBED AS FOLLOWS:
CO~CING AT THE NORTIiWEST ,CORNER OF SAID SECTION 4; TfmNCE.SOtrrn '
02"'43'16",'''W'EST, AL'ONG THE WEST LINE lHEREOF A DISTANCE OF 2760.06 FEET "
TO THE SOtTrnWEST CORNER OF nmNORmwEST QUARTER OF SAID SEcnON~; ,
. THENCE SOUTH 88049'32" EAST ALONG THE SOU1H L1NE OF SAID NOR'IHWSST :, .
QUAR'I'ER A DIST~CE OF 746.00 FEET; THENcE NORm 2.3c40~09" EAST. 130.04- ,', .
Fttr;!'fHENCE No~rn 061l40'Z8" E.AsT2(}4.96 FEET; THENCE NORlll'S3010'28M BAST' .'
350.00- FEET; 1HENCE 'NORTH 33.01.0'28'" EAST 404.00 FEET; THENCE NOltTH IS"40'28" .
EAST 5:33.00 FEET; THENCE NORm 31oSS'28!' EAST 375.06 FEET; 'IHENCE NORm' .,
38"10'28" EAsT 4'16.00 FEET; TIIENGE NORTH'070]O'2~tt EAST 199.99 ~ ntENCE ~,
NORTH 89"'04'20" WEST. 170.00 FEET;. THENCE NORTH 05019'32" WEST 235:00 FEET; ,
THENCE Nd:RTH'28"55~28" EAST 275.00 FEET; THENCE NORm 20"'25'is" EAST 231.00 : .-
FEET; ntENCE NORm 11025'28" EAST, 136.00 FEET; THENCE NORm 25004'54" WEsT .
.92.53 FEET; THENCE NORm 23<>.26'29" EAST 1256.74 FEET; "l1-rENCE NORTH 88005'54'"
WEST 971.43 FEET; TIIENCE SOUTIl 01"39'50" WEST 1599.27 FEET TO 'fi-mNoRm
LINE OF SAlD ~ORTHWEST QUARTER OF SECTION 4;. 'ffiENCE~'NQR11:l ~7a56'29~
WEST ALONG .SAID NORTH LINE A DlSTANCE OF. 1309.46 FEET TO THE POINT OF
BEGINNING., "., "., .' . ..'...
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EXHIBIT A
.'
IIIwm~ll~ JIIIIU 1111 r~~;~~~s:4
03/14/2008 TUE 13: 35 [TX/RX NO 8970] ~ 039
~
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. 1
03/14/2005 13:32
4255095883
BARCLAYSNORTH
PAGE 40/40
. 1
. ; DESCRIPTION FOR THE ~ KNoWN AS LUNDESC2 NEAR ANDERSPN C~EEK.
lO/~/94 G~~ THORNBURGH
. {
· 1
t 1
, ,
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. r
The north 1/2 of the SE1/4 of the NE1/~ of the NE~/4 of Section S,
T23N/ ~E, WM in ~itsap County Washinqton.
ALSO
The NEL/4 ot the NE1/4 of the NE1/4
Kitsap county'Washington.
of Section'S, T23N, R1E, WM in
A. F_ -tt:. 9501030128
RFF=1 0843' F.R 2404-
Section 32, T24N, ~~,'WM in
ALSO .
The El/2.of the SE1/4 of the SE1/4 of
. Ki tsa.p .County Washington.
--"'"
ALSO ,
'The swii4 of. the SW1/4 .of ~iection 3~, T:2.4N, lUE, m{ in' Xitsap
County Wash~ng-ton, EXCEPT a. Tra.ct. in the NW described as. follo~s:
Beginni.nq at:. the NW corner of said SW1/4 of. the SlU/"': tp.ence east.
along 'the north linQ of said ,SW1/4 of the SWlf4', a. distance ~f' 13l.
feet., More or 1ess, to the centerline of a creek and the true poin~
of beginning: thence continue. east' 400 feet; thence south para11el
with the west line of sa.id .SW1/4 of the SW1/4, a distance of S44.S
feet: thenc@ 'West parallel with. the north line of said. swr/-4 of, t;he
5W1/4. a distane~ of ~oo feet, ~ore or less, to the,cente~line of
the creek: thence northe41y along. the centerlinQ of said creek to
the ,true point of heginning. .
ALSO-
'l'hat pOrtion. of Section 32, T24N, R1.E, W.N. described as follow$.:
Beginhi:n~ ,!3-t. the SE: corner of. Govt. .:Lot 2 of, said Section 32;:
thence NaS 17'22nW 330.01 ft; thanea Nl"S6'36"E 401.06 ft ~ore or
less t:o: the sou:therly -margin of state Highway, thence easterly
along said southerly'~argin to its intersection with the e~st line
of said Govt. Lot <. said point bearing Nl" 50' 1611E. .of the .point of
begs'nning; thence S1." SO' l'6"W along said east line of GoVt.' Lot 2 to
the point of beg1nn~ng~' . '
EXHIBIT A
\ \llil~\U~l\\I\\\\ I\\I\~\I\\ ~~.~I\ r[~i~~::!;
03/14/2006 TUE 13: 35 (TX/RX NO 8970] I4J 040
Return Address:
City Attomey's Office
City of Bremerton
345 6th Street, Suite 600
Bremerton, W A 98337
AUDITOR/RECORDER'S INDEXING FORM
Document Title(s): 1. Agreement Terminating Development Agreement
Reference Number(s) of Documents assigned or released: 200011280204
Grantor(s): 1. Ll60-1 Kitsap, LLC
2.
D Additional names on page of document.
Grantee(s): 1. City of Bremerton
D Additional names on page of document.
Legal Description: A portion of Sections 32 & 33 T24N R1E, W.M. and portions of Sections 4 & 5, T23N R1E,
( abbreviated) W.M., City of Bremerton, Kitsap County, Washington
D Additional legal is on page of document.
Assessor's Property Tax Parcel/Account Number: 042301-2-001-2009,322401-4-016-2003,322401-4-017-
2002,322401-4-018-2001, 052301-1-004-2007, 052301-1-023-2004, 052301-1-024-2003, 052301-1-025-
2002, 052301-1-026-2001, 322401-4-026-2001, 332401-3-013-2007
AGREEMENT TERMINATING
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF BREMERTON AND
NORTHWEST CORPORATE CAMPUS, LLC
WHEREAS, the City and Northwest Corporate Campus, LLC entered into a Development
Agreement which was recorded under Kitsap County Auditor's File No. 200011280204 on
November 28,2000; and
WHEREAS, no development has occurred on the site; and
Page 1 of3
WHEREAS, on or about October 10,2005, L160-1 Kitsap, LLC acquired most of the
property subject to the Development Agreement; and
WHEREAS, Ll60-1 Kitsap, LLC desires to develop the property with residential units that
are consistent with current zoning; and
WHEREAS, the Bremerton City Council, in Ordinance No.
termination of the Development Agreement;
, approved
NOW, THEREFORE, the City and L160-1 Kitsap, LLC, as successors in interest to
Northwest Corporate Campus, LLC hereby agree as follows:
1. The Development Agreement between the City of Bremerton and Northwest
Corporate Campus, LLC recorded under Kitsap County Auditor's No. 200011280204 on November
28, 2000 is hereby terminated and of no further force or effect.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year written
below.
L160-1 KITSAP, LLC
, Managing Member
Date
STATE OF WASHINGTON )
) ss.
COUNTY OF )
On this day, before me appeared of
L160-1 Kitsap, LLC, a Washington limited liability company that executed the foregoing instrument,
and acknowledged the said instrument to be the free and voluntary act and deed of said limited
liability company, for the uses and purposes therein mentioned, and on oath stated that he/she was
authorized to execute the said instrument on behalf of said limited liability company.
GIVEN under my hand and official seal this
day of
,2006.
Notary Public in and for the State of
Washington, residing at
My appointment expires:
Page 2 of3
CITY OF BREMERTON
CARY BOZEMAN, Mayor Date
STATE OF WASHINGTON )
) ss.
COUNTY OF KITSAP )
On this day, before me appeared Cary Bozeman, Mayor of the City of Bremerton, the
municipal corporation that executed the foregoing instrument, and acknowledged the said instrument
to be the free and voluntary act and deed of said municipal corporation, for the uses and purposes
therein mentioned, and on oath stated that he was authorized to execute the said instrument on behalf
of said municipal corporation.
GIVEN under my hand and official seal this
day of
,2006.
Notary Public in and for the State of
Washington, residing at
My appointment expires:
APPROVED AS TO FORM
Roger A. Lubovich, City Attorney
R:\Legal\Legal\Files\Current Active Files\Northwest Corporate Campus\Termination Agreement.doc
Page 3 of 3
DATE SUBMITTED: March 22, 2006
BILL # ~blo
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
'8
........................................................................................
b
March 29, 200B'"
April .5; ;;;200(p
DCD
Chris Hugo
473-5243
SUBJECT: Public Hearing and Resolution
No. ~ continuing the moratorium
enacted November 30, 2005 and continued
by Resolution No. 2987 on development over
40 feet high in the Highland / Pleasant
Avenues district
Committee Meeting Date:
COUNCIL MEETING Date:
Department:
Presenter:
Phone:
SUMMARY: On November 30, 2005, the Council approved a 60-day moratorium on development
over 40 feet in the Highland / Pleasant Avenues district between 6th and 11 th Streets until design
guidelines could be developed. On February 1, 2006, City Council adopted Resolution No. 2987
continuing the moratorium until April 13, 2006. Staff is requesting an additional continuation ofthe
moratorium, until June 12,2006, to allow for City Council's consideration and adoption of design
standards which are expected to be presented on April 19, 2006.
ATTACHMENTS: Proposed Resolution
FISCAL IMPACTS (Include Budgeted Amount): This item has no fiscal impact to the City.
APPROVALS: __ j
DEP ARTMENT DIRECTOR: _----ol;:!J.J/-U!U'~ [)
.(""
CITY ATTORNEY: \ 0:2'
FINANCE DIRECTOR:
MAYOR:
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
~ e-o..vv;L :3 /~ /0 h
14e><nl 3~:>J{ (:~ ..
'~~,t/~i% /V: .4/
RECOMMENDED MOTION: Move to pass Resolution No. :J.. q't l continuing the moratorium
enacted on November 30, 2005 and continued by Resolution No. 2987 on permits for development
over 40 feet in the area designated 60 feet on BMC Figure 20.74(a) until June 12,2006.
[ CONSENT AGENDA
:
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue 0 No Action
RESOLUTION NO. ;l. 't '\ \
A RESOLUTION of the City Council of the City of
Bremerton, Washington, adopting findings of fact and continuing a
moratorium on the acceptance of applications for any building,
land use, or development permit or approval for development over
40 feet in height in the area designated with 60 foot height limits
within the City of Bremerton. Such area being MR zoned
properties east of and including those properties abutting Pleasant,
south of 11 th Street, north of 6th Street and east to the shoreline.
WHEREAS, RCW 35.63.200 authorizes cities to adopt moratoriums, provided a
public hearing is held within sixty days of adoption; and
WHEREAS, on November 30, 2005, the City Council approved a motion
imposing a moratorium barring acceptance or approval of any building, land use, or development
permit for development over 40 feet in height in the area designated with 60 foot height limits
within the City of Bremerton until additional review has been completed and any necessary code
revisions have been adopted by the City Council implementing design guidelines for
development in the area so designated with the 60 foot height limit. Such area subject to the
moratorium being MR zoned properties east of and including those properties abutting Pleasant,
south of 11 th Street, north of 6th Street and east to the shoreline; and
WHEREAS, the moratorium became effective upon the effective date of
Ordinance No. 4950, which was December 13,2005; and
WHEREAS, RCW 35.63.200 provides that a city adopting a moratorium shall
adopt findings of fact immediately after the public hearing held within sixty days of adoption of
the moratorium; and
WHEREAS, a public hearing was held on February 1, 2006, before the Bremerton
City Council and following said hearing, Resolution No. 2987 was passed continuing the
moratorium until April 13, 2006; and
WHEREAS, staff is requesting an additional continuation of the moratorium, until
June 12,2006, to allow for City Council's consideration and adoption of design standards; and
WHEREAS, a public hearing was held on April 5, 2006 to consider the
continuation of the moratorium; and
WHEREAS, the City Council has considered written comments and public
testimony and finds it is in the best interest of the City of Bremerton to continue the moratorium
1
60FootBuildmgHe~ht
Moratorium Continuation
for the protection of the health, safety, and general welfare of the community; NOW
THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Recitals and Finding of Fact IncorlJorated. The recitals and
findings of fact set forth in this resolution are hereby incorporated as if fully set forth herein.
SECTION 2. Findings of Fact. The City Council hereby adopts the following
findings of fact:
1. The City Council is currently reviewing its policies under the zoning code with
regard to design guidelines for development in the area so designated in the moratorium with the
60 foot height limit; and
2. The existing character of the Highland / Pleasant Avenue neighborhood is
predominately single-family, detached housing up to 35 feet high; and
3. During public hearings on the adoption of the new zoning code, there was
substantial public testimony in favor and in opposition to heights over 40 feet; and
4. Within the moratorium area, the City Council is concerned about the potential
impacts to public health, safety, and general welfare that development of 40 feet in height may
create; and
5. The Bremerton Municipal Code does not contain provisions to adequately address
the various impacts that development over 40 feet present and the protection of the public health,
safety, and general welfare would be jeopardized by allowing development over 40 feet prior to
a review of the matter and possible adoption of new design guidelines by the City Council; and
6. At the direction of the City Council, the Department of Community Development
has initiated a stakeholder planning process with public involvement to prepare new design
guidelines, and
7. Public meetings were held that were well-attended by neighborhood residents,
property owners, and other interests to provide direction on new design guidelines, and
8. On March 21,2006, the Planning Commission approved proposed design
guidelines and forwarded the same to the City Council for consideration and action, and
9. The protection of the health, safety, and welfare supports imposing a moratorium
on the acceptance of all applications for issuance of any building, land use, or development
permit or approval under the Bremerton Municipal Code for development over 40 feet in height
in the area designated with 60 foot height limits within the City of Bremerton until additional
review has been completed and any necessary code revisions have been adopted by the
Bremerton City Council; and
10. RCW 35.63.200 authorizes cities to adopt moratoriums provided a public hearing
is held within sixty (60) days of adoption; and
11. The purpose of this moratorium continuation is to provide time in which the City
Council may consider the proposed guidelines as recommended by the Planning Commission.
SECTION 3. Continuation of Moratorium. Based on the findings of fact
adopted in Section 2, the City Council hereby determines that it is necessary for the moratorium
2
60 Foot Building Height
Moratorium Continuation
enacted by motion on November 30, 2005, and continued by Resolution No. 2987 until midnight
on April 13, 2006, be further continued until midnight June 12,2006, unless the moratorium is
shortened or extended by action of the City Councilor until the effective date of any ordinance
or resolution establishing design guidelines in the Highland A venue/Pleasant Avenue area
designated with 60 foot height limits within the City of Bremerton, whichever is sooner. During
said moratorium, no building, land use, or development permit or approval shall be issued, nor
shall any such permit or application be accepted for any land use permit or approval for the
purpose of development over 40 feet in height in the area designated with 60 foot height limits
within the City of Bremerton.
SECTION 4. Severa b ilitv. 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 5. Effective Date. This Resolution shall take effect and be in force
immediately upon its passage.
day of
PASSED by the City Council of the City of Bremerton, Washington this _
,2006.
CECIL McCONNELL, Council President
APPROVED AS TO FORM:
ATTEST:
ROGER A. LUBOYICH, City Attorney
PAULA JOHNSTON, City Clerk
R:ILegallLegallResolutionslCommunity Developmentl60 Foot Height Moratorium Continuation.2.doc
3
60FootBuildmglle~ht
Moratorium Continuation
DATE SUBMITTED: March 13,2006
BILL # Of..g..- 01 ,
AGENDA BILL
CITY OF BREMER TON
CITY COUNCIL
'c
........................................................................................
~5() l"'-1"\'b Y'\ No, ~:~q3
SUBJECT: Public Hearing on the change of
use and future sale of parks property at 1109
Warren Avenue
Committee Meeting Date:
COUNCIL MEETING Date:
Department:
Presenter:
Phone:
March 22, 2006
~4-5-06 ~_/9_uOCt
City Attorney's Office
Peggy Lesser p~
473-5302
SUMMARY: The Parks Department staff has determined that the property located at 1109 Warren
Avenue, known as the Warren Tennis Courts and Community Center or the Girl Scout/Camp Fire
property, is underutilized due to its location at a very busy intersection and its lack of parking
facilities. Public Works and Utilities has determined that right-of-way improvements at the
intersection of Warren Avenue and 11 th Street are important for citizen safety and that these
improvements will necessitate demolition of the community center. The City wants to include
extensive landscaping in the form of a streetscape with the right-of-way improvements and wishes to
sell the remainder of the property and reinvest the funds into other park facilities. Prior to a
significant change in use or sale of this park property, BMC 13.12.030 requires (1) that the Parks
Board submit an advisory report; (2) the City Council hold two public hearings; and (3) the City
Council, by a unanimous vote of the full Council membership, declare the property surplus and no
longer suitable for use as a park, play field, open space or recreational activity by the Bremerton
community. The Parks & Recreation Commission has submitted its advisory report and public
hearings are scheduled for March 29, 2006 and AprilS, 2006.
ATTACHMENTS: (1) Report from the Parks and Recreation Board; (2) Exhibit Map for
intersection improvement; (3) Proposed Resolution
FISCAL IMPACTS (Include Budgeted Amount): The proceeds from the proposed sale will exceed
the cost of demolition.
APPROV ALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
_::::::-:---
-::;:.
-----.-
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
RECOMl\1ENDEDMOTION: pqSS f<.eSolu-\1OV\ No" 2..QQ3 .
Move to approve the change in use and possible future sale of the property located at 1109 Warren
and authorize the Mayor to execute all documents necessary to demolish the structure(s).
I CONSENT AGENDA 0 i
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue 0 No Action
After reviewing and discussing the City of Bremerton's proposal to utilize a portion of
the property located at 1109 Warren Avenue, commonly known as Warren Tennis Courts
and Community Center, for right-of-way improvements and to sell the remainder of that
property for development, the Parks and Recreation Commission hereby advises the
Mayor of the City of Bremerton and the Bremerton City Council that it supports the
proposed action for the following reasons:
1. The property is currently underutilized due to its location at a very busy intersection
and its lack of parking facilities. It has minimal usage and provides little direct value to
the parks system. Funds spent on maintaining underutilized facilities would be better
applied to maintenance and improvement of actively used parks.
2. Planned right-of-way improvements, to include sidewalk, a separate bike lane, and a
streetscape, are important for citizen safety. They wiil necessitate demolition of the
building located on the property at 11 09 Warren Avenue.
3. The total proceeds from the sale of the remaining property not used for the right-of-
way, will be direct capital used to enhance other parks and recreational facilities only.
This action is taken today to comply with the requirements of Bremerton Municipal Code
section 13.12.030(a) and shail constitute the Bremellon Parks Commission's advisory
report to the Mayor ofBremerton and to the Bremerton City Council.
/~. / /'
41!A~C /l~
Doug~ Groneman, Chair
ParkJ and Recreation Commission
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CITY OF BREMER TON
DEPARTMENT OF PUBLIC WORKS & UTILITIES
ENGINEERING DIVISION
DESlCN BY: G.F. CHECKED BY:
WASH. P,E. I OATE 2/05 WASH, P.L ,
PORTION OF
SEC.14, T.24N.,R.1.E., W.M.
LEGEND
- -PROPOSED LANE UNES
- -PROPOSED SIDEWALK
- -EXISTING LANE UNES
cc:o::J -EXISTING ROCKERY
o -PROPOSED TREES
EXHIBIT MAP
11TH S. AND WARREN AVE. INTERSECTION
IMPROVEMEN T
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RESOLUTION NO. d..-'t <t3
A RESOLUTION of the City Council of the City of
Bremerton, Washington, declaring certain park property surplus to
the City's needs and approving a possible sale and change in the
use of the property in accordance with the provisions of BMC
13.12.030.
WHEREAS, the City has determined that the park property commonly known as
the Warren Tennis Courts and Community Center and legally described in Exhibit A is
underutilized; and
WHEREAS, the Parks Board of the City ofBremerton has been consulted and has
issued an advisory report supportive of the proposed change in use and sale of this property; and
WHEREAS, the City has determined that right-of-way improvements important
to citizen safety necessitate demolition of the structure at 1109 Warren Avenue; and
WHEREAS, City Council has evaluated the advisory report of the Parks Board
and finds that the property's value for serving park and recreation needs has diminished and the
property is no longer suitable for use as a park; and
. WHEREAS, pursuant to BMC 13.12.030, public hearings were held on March 29,
2006 and April 5, 2006, relating to the proposed surplus, change in use and sale of the property;
NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council finds and concludes that the Warren Tennis
Courts and Community Center, legally described in Exhibit A is hereby declared surplus to the
City's needs and is no longer suitable for use as a park, play field, open space or recreational
activity.
SECTION 2. The net proceeds from the sale of the above-mentioned property
will be used to improve parks and recreation facilities.
SECTION 3. The Director of Public Works and Utilities and the City Attorney
are hereby authorized to demolish the structures on this property and market some of it for sale.
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 Park Property
SECTION 5. Effective Date. This Resolution shall take effect and be in force
immediately upon its passage.
day of
PASSED by the City Council of the City of Bremerton, Washington this _
,2006.
CECIL McCONNELL, Council President
APPROVED AS TO FORM:
ATTEST:
ROGER A. LUBOVICH, City Attorney
P AULA JOHNSTON, City Clerk
R:\Legal\Legal\Files\Current Active Files\II09 Warren (Campfire-Girl Scout)\Surplus and Sale Resolution.doc
2
Surplus and Sale of Park Property
EXHIBIT "A"
ORDER NO.: 32089630
PARCEL A:
THAT PORTION OF THE FOLLOWING DESCRIBED PROPERTY LYING NORTH OF 11TH STREET
AND SOUTH OF 12TH STREET, BEING A PORTION OF LOTS 2 AND 3, TRACT 8, WARREN SMITH'S
ACRE TRACTS, ACCORDING TO PLAT RECORDED IN VOLUME 2 OF PLATS, PAGE 51, IN KITSAP
COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT 834.85 FEET WEST OF THE QUARTER SECTION CORNER ON THE
EAST LINE OF SECTION 14, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY.
WASHINGTON; THENCE NORTH 190 FEET; THENCE WEST 139 FEET TO EAST MARGIN OF
BROADWAY; THENCE SOUTH 190 FEET; THENCE EAST 139 FEET TO THE POINT OF BEGINNING.
PARCEL B:
THAT PORTION OF THE FOLLOWING DESCRIBED PROPERTY LYING NORTH OF 11TH STREET
AND SOUTH OF 12TH STREET. BEING A PORTION OF LOTS 1 AND 2, TRACT 8, WARREN SMITH'S
ACRE TRACTS, ACCORDING TO PLAT RECORDED IN VOLUME 2 OF PLATS, PAGE 51, IN KITSAP
COUNTY. WASHINGTON, DESCRIBED AS FOLLOWS:.
BEGINNING AT A POINT ON THE WEST MARGIN OF WARREN AVENUE 149 FEET NOATH OF THE
NORTHEAST CORNER OF BLOCK 3, DIETZ'S ADDITION TO THE TOWN OF BREMERTON,
ACCORDING TO PLAT RECORDED IN VOLUME 2 OF PLATS, PAGE 57; IN KITSAP COUNTY,
WASHINGTON; THENCE WEST 139.25 FEET TO A POINT MIDWAY BETWEEN THE WEST MARGIN
OF WARREN AVENUE AND THE EAST MARGIN OF BROADWAY AVE; THENCE NORTH ON SAID
LINE 319.07 FEET TO THE SOUTH MARGIN OF 12TH STREET; THENCE EAST 138.89 FEET TO THE
SOUTHWEST CORNER OF 12TH STREET AND WARREN AVENUE; THENCE SOUTH 320.5 FEET
TO THE POINT OF BEGINNING;
EXCEPT WARREN AVENUE.
PARCEL C:
THAT PORTION OF THE FOLLOWING DESCRIBED PROPERTY lYING NORTH OF 11TH STREET
. AND SOUTH OF 12TH STREET, BEING A PORTION OF LOT 3, TRACT 8, WARREN SMITH'S ACRE
TRACTS, ACCORDING TO PLAT RECORDED IN VOLUME 2 OF PLATS, PAGE 51, IN KITSAP
COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT 973.77 FEET WEST OF THE QUARTER SECTION CORNER ON THE EAST
LINE OF SECTION 14, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY,
WASHINGTON; THENCE NORTH 190 FEET; THENCE WEST 50 FEET; THENCE SOUTH 190 FEET;
THENCE EAST 50 FEET TO POINT OF BEGINNING;
EXCEPT THAT PORTION LYING WITHIN THE WEST 80 FEET OF SAID LOT 3:
. . . END OF EXHIBIT "A" . . .
Page 1
DATE SUBMITTED:
A~ENDA BILL ~-teM
CITY OF BREMERTON O. a";" 1
CITY COUNCIL .- ~ 'CJA
BILL # JJl.L 01;}-
lA
SUBJECT: Professional Services
Agreement with Parametrix, Inc., for Port
Washington Narrows Beach Sewer,
Boardwalk, and Evergreen Park Expansion
Proj ect
Committee Meeting D e:
COUNCIL MEETING ate:
Depa
March 29,2006
April 5, 2006
Public Works and
Utilities
Tom Knuckey
(360) 473-2376
...'......................................................... ..........................
SUMMARY: The existing sewer main located on the beach belo Washington Street is prone to failure and
requires replacement. Several options for replacing the pipe have een identified. The preferred alternative
would construct a new sewer main on the beach in conjunction 'lth an extension of the existing boardwalk to
Evergreen Park. This Contract will provide for the public inv vement, predesign, permitting and design of the
new sewer main, extension of the existing boardwalk, and re evelopment of the former Chevron Property into
an expansion of Evergreen Park. The requested action be[; e the City Council is approval of a contract with
Parametrix Inc., for Professional Services, increase the W stewater budget by $346,750 and authorize the
creation of a new budget Fund (Boardwalk Project) for 06 with budget expenditure approval of $603,250.
ATTACHMENTS: Professional Services Agree nt; Council Summary
FISCAL IMPACTS (Include Budgeted Arno nt): The project has two components; the sewer component
which has a current budget of $30,000 for 2006, nd the Boardwalk component which is not currently
budgeted. Funds for this work will come from. roceeds of the sale ofthe East Park Property. Use of these
funds for this purpose require National Park S rvice Approval which is pending. The amount of the
Professional Services Agreement is not to ex.eed $2,500,096. Required budget for 2006 is $950,000.
Approval of this PSA will require budget adi"ustments to fund the work and authorization to transfer East Park
Proceeds from the Contingency Reserve t cover the expenditures. The City will limit the consultant's
expenditures to the amount budgeted and authorized.
I CONSENT AGENDA 0 I
APPROV ALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDE
RECOMMENDED MOTION: Move to approve the professional services agreement with Parametrix,
Inc., for the Port Washington Narrows Beach Sewer and Public Access Project and to authorize the Mayor to
finalize and execute the necessary documents for this agreement; and move to amend the 2006 budget to
establish a new fund (Boardwalk Project) and authorize transfers of $603,250 and $346,750 from the
Contingency Reserve Fund to the Boardwalk Project Fund and to the Washington Street Sewer Project in the
Wastewater Fund, respectively, contingent upon National Park Service approval of the expenditure of the
proceeds of the East Park property on parks and trail-type projects, and amend the 2006 budget to approve
expenditure of those funds in 2006.
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue 0 No Action