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Home My WebLink About09/06/2006 AGENDA m... ~ FILE <50\1\7 @I? ~~ CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337-1873 03 (360) 473-5280 SEPTEMBER 6, 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 CHAMBERS LOCATED ON FIRST FLOOR A. Pledge of Allegiance B. Invocation 3. MAYOR'S REPORT 4. PUBLIC RECOGNITION & ANNOUNCEMENTS 5. CONSENT AGENDA A. Claims & Check Register (#AB06-180) B. Meeting Minutes - August 16, 2006 (#AB06-181) C. Meeting Minutes - August 23, 2006 (#AB06-182) D. Professional Services Agreement with the Bremerton School District for School Resource Officer (#AB06-183) , E. Contract Award to Coating Applicators, Inc. for Reservoir No. 16 Interior Coating Replacement (#AB06-184) F. Interlocal Agreement with Kitsap County for Public Access Television (BKAT) Capital Funding ( #AB06-185) G. .Resolution No. 3006, authorizing the Sale of Real Property and Granting a temporary Construction Easement to the State of Washington for Right-of-Way for Bremerton Transportation Center Ingress/Egress Improvement Project (#AB06-186) 6. PUBLIC HEARINGS A. Ordinance No. 4977, amending several sections of the Zoning Code, Title 20 of the Bremerton Municipal Code (#AB06-187) B. Ordinance No. 4978, vacating various streets and alleys lying South of Burwell Street, West of Pacific Avenue, and South of 151 Street in Downtown Bremerton (#AB06-188) 7. GENERAL BUSINESS A. Resolution No. 3007, approving the 2007 to 2012 Six-Year Transportation Improvement Plan (#AB06-189) B. Resolution No. 3008, approving the Annexation proceedings for territory in the Tracy ton area of East Bremerton (#AB06-190) 8. COUNCIL MEMBER REPORTS 9. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING rI Americans with Disabilities Act (ADA) ~ccommodations 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. BILL # ()(c --~ DATE SUBMITTED: AGENDA BILL CITY OFBREMERTON CITY COUNCIL SA ......................................................................................., SUBJECT: Claim & Checks Register Approval Committee Meeting Date: COUNCIL MEETING Date: Department: Presenter: Phone: 9-&-0(; Financial Services Cathy Johnson SUMMARY: ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount): APPROVALS: DEP ARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: -."," ,,,.,,,..,, '"M:A:'Y0 R:' "."'''''''''"'''''''.'W'''~_', ""'..' ',_,,_M," '" ..."",,,,,,,,,,,---,.,,, ,""'''.''''''-'' ",,,,,,,, FISCALIBUDGET: OPERATIONS: COUNCIL PRESIDENT: \ CONSENT AGENDA IZJ I ~~/'~~~ RECOMMENDED MOTION: Move to approve: 1) Check #'s 3/087'/- 3/)/ t; / EFT's 9 /7S- - 9;<> 1/ $ ?) 9~0 >,,/0# /y $ 7~238: II $ ?O.27G.,. 57 ( 2) Regular Payroll for 5""- /)" --00 3) Retiree Payroll for y -- 3/-o~ COUNCIL ACflON, d'pprove 0 Deny o Table o Continue 0 No Action 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 N\~~WQ\~ 'v{MLf\ ~ M-1'1 s~ 1/1 DATE SUBMITTED: A IAl-'!A.S+-:i-1 j )..ooG J AGENDA BILL CITY OF BREMERTON CITY COUNCIL BILL# 00 -( 9 ( 56 ........................................................................8............... SUBJECT: Minutes of Meeting - Av3U.s+- I ~ I 2ooc;o Committee Meeting Date: N/ A COUNCIL MEETING Date: 5~+-e.~er- (0. ;;)..00 Co Department: City Council' Presenter: Cecil McConnell, Council President Phone: (360) 473-5280 SUMMARY: Attached are the meeting minutes for the Council Meeting held A vJust- I (pJ 2C:O (0. ATTACHMENTS: Meeting Minutes for AvJuS+- (01 :J.-co0 ~ FISCAL IMPACTS (Include Budgeted Amount): None APPROV ALS: DEP ARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: ~ONS~NT AGENDA IZIj / ~,.; -:~,':':..; //~i-?~~:):~;" :.,"~~{_>'":-(.(l~ RECOMMENDED MOTION: Move to pass the CONSENT AGENDA as presented. COUNCIL ACTION: r;j Approve r-I LJ r)en~v [J Table o Continue 0 No Action DIGITAL RECORDING CITY COUNCIL MEETING MINUTES VVednesday, August 16, 2006 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, VVashington, VVednesday, August 16, 2006, at 5:30 PM, with Council President Cecil McConnell presiding. Council members present were Nick VVofford, VVill Maupin, Carol Arends, Dianne Robinson, VVendy Priest, Adam Brockus, and Brad Gehring. Council Member Mike Shepherd was absent. Also present were City Attorney Roger Lubovich; City Clerk Paula Johnston, and Legislative Assistant Lori Smith. The Pledge of Allegiance was led by Council Member Brad GehrinQ followed by the invocation provided by Reverend Debbie Little of First Christian Church. President McConnell announced that a Pre-Council Session to discuss General Council Business was held in Council Conference Room 603 from 5:00 to 5:30 PM; Item 5E will be pulled from the agenda; and there will be a STUDY SESSION held in the Council Conference Room immediately following the Council Meeting for a briefing on the "Downtown Bremerton Pedestrian/BTC Access Improvement Project". MAYOR'S REPORT On behalf of Mayor Bozeman and the City of Bremerton, Bob Battin of the Bremerton Central Lions Club and Chairman of the Student Exchange Program, introduced and welcomed Kure, Japan Exchange Students Ms. Maki Miyawaki; Ms. Ayaka Ishida; and Ms. Kazumi Isobe who will be visiting Bremerton for a few weeks. Mr. Battin thanked Elaine Valencia for her efforts with this program, and also thanked the host families. PUBLIC RECOGNITION & ANNOUNCEMENTS Gordy & Pam Byrd, representing New Life Assembly of Bremerton, provided a letter to the Council to request school supplies and backpacks for children of all ages, which can be delivered during the "Back 2 School Bash" in the parking lot located at the intersection of 4th Street & VVarren Avenue on Saturday, August 26, 2006 from 11 :00 AM to 2:00 PM. Sabrina Woodend, cousin of Council Member Dianne Robinson, was enjoying the area of Bremerton while on her first visit here from Phoenix, Arizona. CONSENT AGENDA A. Check Numbers 310585 through 310787; and EFT-9150 through EFT-9153; EFT-9155 through EFT-9161 in the amount of $656,493.26 (#AB06-169) B. Meeting Minutes - August 2, 2006 (#AB06-170) C. Meeting Minutes - August 9, 2006 (#AB06-171) D. Appointments of Judy Friedberg-Nerf and Barbara Mail to the Public Service Citizen Advisory Committee; and Appointment of Anne Strange and Reappointment of Joyce Davison to the Capital and Planning Citizen Advisory Committee (#AB06-172) E. Professional Sorvicos .'\groomont bet'.veen the CITY OF BREMERTmJ and P/\RKER, MESS/,N/\' & ^SSOCI.^,TES to provide engineering associated installation of generators and interf-ace for 3 Firo Stations (#/\806 173) This item was pulled... F. Bid Award to HD FOWLER COMPANY for purchase of Ductile Iron Pipe for Year 2006 (#AB06- 174) G. Contract Award to PIVETTA BROTHERS CONSTRUCTION, INC. for Sewage Pump Station CE-6 2006 Modifications" (#AB06-175) City Council Reg. Mtg. Minutes VVednesday, August 2, 2006 Page 2 of 4 H. Resolution No. 3005, setting a Public Hearing Date of September 6,2006 for Vacating various Streets and Alleys lying South of Burwell Street, West of Pacific Avenue, and South of 1 sl Street in Downtown Bremerton (#AB06-176) I. Collective Bargaining Agreement between the City of Bremerton and Bremerton Police Management Association (#AB06-177) There were no comments from the public. 05:44:25 M/S/C/U (PriesUArends) Move to approve the Consent Agenda as presented. Betsy Howe, with the City's CDBG Program, introduced Barbara Mail and Anne Stranae, who each thanked the Council for approving their appointments; and President McConnell thanked them for volunteering to serve the City. 6A - BUDGET ADJUSTMENT IN THE AMOUNT OF $60,000 TO THE STREET FUND [FUND 1021 OUT OF THE CONTINGENCY RESERVE FUND [FUND 1031 TO COVER THE COSTS ASSOCIATED WITH PREPARING THE CAPITAL HILL FIRE STATION FOR FUTURE SALE (#AB06-178): Bob Tulp, Public VVorks & Utilities recommended that Council approve a budget adjustment in the amount of $60,000 for the preparation of Capital Hill Fire Station to prepare the property for sale. There were no comments from the public. Brad Gehrina asked what improvements the $60,000 would pay for. Mr. Tulp responded that there was some radio and telecommunications equipment that will be relocated from the building to the right-of-way, asbestos will be removed from the building, and fire pits will be moved to the new training facility. Adam Brockus asked if other cities use the test pits. Mr. Tulp answered that other cities do use the test pits, but the City will continue to maintain the pits since it is a requirement to certify the pumps for our fire trucks. 05:49:32 M/S/C/U (Arends/Robinson) Move to approve a budget adjustment of $60,000 for the Street Fund (Fund 102) and the related transfer of funds from the Contingency Reserve (Fund 103) to the Street Fund to cover cost associated with preparing the Capital Hill Fire Station for future sale. COUNCIL MEMBER REPORTS Will Maupin provided a briefing on the Joint Study Session with the Council and the Bremerton Housing Authority; stated that one of the current exchange students was the younger sister of a previous exchange student from Kure, Japan from a few years ago; and mentioned his attendance at the "First Friday Art VValk" last week and felt it was the best one he has ever attended. Carol Arends was impressed with the exchange students and their mastery of language skills. Dianne Robinson asked citizens of Anderson Cove to please contact Ron Jefferson of the Mt. Zion Missionary Baptist Church at (360) 813-1156 if you had children who were in need of school supplies or backpacks. Adam Brockus encouraged people to visit the Chamber of Commerce website to receive more information on the "Chamber's "After Hours" Events on August 24th or the "Eggs & Issues" Candidate Forums held weekly. City Council Reg. Mtg. Minutes VVednesday, August2,2006 Page 3 of 4 Brad GehrinQ thanked Tracy ton residents who attended the recent annexation meeting and encouraged anyone with questions to contact the Council Office at (360) 473-5280; and also congratulated fellow Council Member Adam Brockus who will be getting married this weekend. Cecil McConnell noted that Mrs. Arends would be "one year younger" on Monday, August 21 SI, and wished her a happy birthday. VVith no further business, the meeting of the City Council was adjourned at 5:55 PM. Council reconvened in the Council Conference Room for a STUDY SESSION to receive a briefing on the "Downtown Bremerton Pedestrian/BTC Access Improvement Project" and the "Manette Bridge". Prepared and Submitted by: ~c ~'it 6/ J ' 1jj)(. , ) L "RI SMITH ........... Legislative Assistant Attest: PAULA JOHNSTON, City Clerk CECIL McCONNELL, City Council President CM:PJ:ls:cg DATE SUBMITTED: A-!A~IAS-r ;Z 31 ).oo~ J AGENDA BILL CITY OF BREMERTON CITY COUNCIL BILL # () (; -/6:J- 5<:' ........................................................................................ SUBJECT: Minutes of Meeting - AV\.Jl,;tst ;L3; 2000 Committee Meeting Date: NI A COUNCIL MEETING Date: 5~ ((J~00 Department: City Council Presenter: Cecil McConnell, Council President Phone: (360) 473-5280 SUMMARY: Attached are the meeting minutes for the Council Meeting held A 1ll.:s-r .< 3 j ;1-00 <0 ATTACHMENTS: Meeting Minutes for AlAj tAS +- ;l3) dOO CO FISCAL IMP ACTS (Include Budgeted Amount): None APPROV ALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: I CONSENT AGl,NDA ~ . "">~,.~ . p/''- .'. . ...../ rf7 d:"<~c'::<1./:; :.":~;?~?~"';c,:';l?'"(</ ~. /' } RECOMMENDED MOTION: Move to pass the CONSENT AGENDA as presented. COUNCIL ACTION: 0 Approve D Denv j""1T" L~abje [] Contimif: :i ',; (' .1 ,~i; ")l'j l........-.J .1.1 J .t .l._........ DIGITAL RECORDING CITY COUNCIL MEETING MINUTES VVednesday, August 23, 2006 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, VVashington, VVednesday, August 23, 2006, at 5:30 PM, with Council President Cecil McConnell presiding. Council members present were Nick VVofford, VVill Maupin, Carol Arends, Dianne Robinson, Mike Shepherd, VVendy Priest, and Adam Brockus. Council Member Brad Gehring was absent. Also present were City Attorney Roger Lubovich; Deputy City Clerk Cherie Henry; and Legislative Assistant Lori Smith. The Pledge of Allegiance was led by Council Member Dianne Robinson followed by the invocation provided by Pastor Dennis Payne of Ebenezer African Methodist Episcopal Church. President McConnell announced that a Pre-Council Session to discuss General Council Business was held in Council Conference Room 603 from 5:00 to 5:30 PM; and invited the public to attend the Council STUDY SESSION in Council Conference Room 603 immediately following the Council Meeting. PUBLIC RECOGNITION & ANNOUNCEMENTS Vivian Henderson, representing the Kitsap Alliance of Property Owners, was here to learn more about the ordinance that would provide a property tax exemption for new multi-family housing in designated areas, and asked the Council to consider this proposal carefully. CONSENT AGENDA A. Check Numbers 310788 through 310890; EFT-9154; and EFT-9162 through EFT-9174 in the amount of $704,668.56 (#AB06-179) There were no comments from the public. 05:32:05 M/S/C/U (Priest/Arends) Move to approve the Consent Agenda as presented. VVith no further business, the meeting of the City Council was adjourned at 5:35 PM. The Council reconvened in Council Conference Room 603 for a STUDY SESSION to hear presentations on upcoming agenda items. Prepafed and Submitted by: ~Sm.dJu LG'RI SMITH Legislative Assistant Attest: PAULA JOHNSTON, City Clerk CECIL McCONNELL, City Council President CM:PJ:ls:cg DATE SUBMITTED: August 10, 2006 BILL # 00 - /63 AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5D ........................................................................................ SUBJECT: Professional Services Agreement with the Bremerton School District for School Resource Officer Committee Meeting Date: August 23, 2006 COUNCIL MEETING Date: September 6, 2006 Department: Police Presenter: Captain Wolfe Phone: 473-5841 SUMMARY: The City of Bremerton Police Department is providing a full-time School Resource Officer to assist faculty, staff, students and families and Bremerton High School, Junior High School and Mountain View Middle School. The Bremerton School District is funding $32,287 from September 1, 2006 to August 31, 2007 towards the cost of School Resource Officer. ATTACHMENTS: Proposed Professional Services Agreement FISCAL IMP ACTS (Include Budgeted Amount): $32,287 in revenue will be paid to the general fund and a full-time dedicated police officer serves as the School Resource Officer. FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: RECOMMENDED MOTION: -- ~-----"Sl w/ ~ I CONSENT AGENDA l& I APPROVALS: DEP ARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: Move to approve the Professional Services Agreement with the Bremerton School District for funding a full-time School Resource Officer and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action PROFESSIONAL SERVICES AGREEMENT September 1, 2006 through August 31, 2007 The City of Bremerton ("City") and the Bremerton School District 100-C ("District"), referred to collectively as the "Parties," enter into the following Agreement for security services: I. Scope: City will provide a full-time School Resource Officer (SRO) to assist faculty, staff, students, and families at Bremerton High School, Bremerton Junior High School and Mountain View Middle School. Assistance at other Bremerton Schools will depend upon the availability of the SRO. The SRO, along with the Chief of Police or his designee, will work with the District and building administrators to provide a positive, safe environment for students and employees. City officials will work with the District to plan and carry out in-services for staff which will help staff learn to identify safety risks and learn appropriate responses in unsafe situations. The SRO will work with individual students and groups of students to encourage positive behavioral choices. The SRO will at all times follow the procedures laid out by building principals. District and SRO will work closely to plan and implement specific activities designed to improve student behavioral choices at each site. All parties agree to meet together on a regularly scheduled basis. II. Term: This Agreement shall be effective September 1, 2006 through August 31, 2007. School calendar dates attached as Exhibit "A". III. Compensation: In consideration of the services provided pursuant to this Agreement, the District shall pay City of Bremerton Treasurer Thirty Two Thousand Two Hundred Eighty Seven Dollars ($32,287). The City Treasurer will invoice District monthly in the amount of Two Thousand Six Hundred Ninety Dollars and Fifty-Eight Cents ($2,690.58) from September 1, 2006 through July 31, 2007 and Two Thousand Six Hundred Ninety Dollars and Sixty-Two Cents ($2,690.62) for August 2007. This Agreement shall not exceed Thirty Two Thousand Two Hundred Eighty Seven Dollars ($32,287) per year. IV. Relationship of Parties: SRO is an employee of the City of Bremerton Police Department and will answer to the Police Chief. V. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. VI. Nondiscrimination: City 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. School Resource Officer Page 1 of3 VII. Termination: This Agreement may be terminated without cause at any time by mutual agreement of the parties hereto, or by either party after 30 days following the other party's receipt of a written intent to terminate. Each party shall have the right to cancel and immediately terminate this agreement without prior notice upon breach of the agreement by the other party. VIII. Indemnification: The School District shall defend, indemnify and hold harmless the City and its officers, agents and employees, or any of them, from any and all claims, actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever, arising out of any act or omission of the School District, its officers, agents, and employees or any of them relating to or arising out of the performance of the agreement; however, the School District shall not defend, indemnify or hold the City harmless from any claims, actions or suits for injury, damage or loss of any kind caused by either intentional act(s) or the sole negligence of the City, its officers, agents and employees, or any of them. In any action which the School District defends the City, the School District shall have the right to select ~ounsel; however, the City may associate additional counsel at the City's own expense. If final judgment be rendered against the City and the School District and their respective officers, agents and employees, or any of them, the School District shall satisfy the same; however, in the event that the final judgment contains any award for injury, damage or loss of any kind caused by the intentional act(s) or the sole negligence of the City, its officers, agents and employees, or any of them, the City shall pay that portion of the judgment. In executing this agreement, the City does not assume liability or responsibility for, or in any way release the School District from any liability or responsibility which arises in whole or in part from the existence or effect of School District policies, rules or regulations. If any cause, claim, suit, action, or administrative proceeding is commenced, in which the enforceability and/or validity of any such School District policy, rule or regulation is at issue, the School District shall defend the same at its sole expense and if judgment is entered or damages are awarded against the School District, the City or both, the School District shall satisfy the same, including all chargeable costs and attorney's fees. The City shall defend, indemnify and hold harmless the School District and its officers, directors, agents and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever, out of any act or omission of the City, its officers, agents and employees, or any of them in the performance of this agreement; however, the City shall not defend, indemnify or hold the School District harmless from any claims, actions or suits for injury, damage or loss of any kind caused by either intentional act(s) or the sole negligence of the School District, its officers, directors, agents and employees or any of them. In any action which the City defends the School District, the City shall have the right to select counsel; however, the School District may associate additional counsel at the School District's own expense. If final judgment contains any award for injury or loss of any kind caused by the intentional act(s) or the sole negligence of the School District, its officers, School Resource Officer Page 2 of3 directors, agents and employees or any of them, the School District shall pay that portion of the judgment. IX. Venue Stipulation: This agreement shall be construed as having been made and delivered with the State of Washington, and the laws of the State of Washington shall be applicable to its construction and enforcement. Any action at law, suit in equity, or judicial proceeding for the enforcement of this agreement or any provision hereto shall be instituted in Kitsap County, Washington. CITY OF BREMER TON BREMERTON SCHOOL DISTRICT lOO-C Cary Bozeman, Mayor Date Dr. Elizabeth Hyde, Superintendent Date Craig Rogers, Police Chief Date Board Member Date Roger A. Lubovich, City Attorney Date R:\Legal\Legal\Contracts\Police\Brem School Dist 2006-2007.doc School Resource Officer Page 3 of3 Au st Mon Tue Wed Thu Fri 1~~ 2" 3 4 7 8 10 11 14 17 18 21 24 25 LID ... tember W'ed Thu Fri 1 5 I 6 7 8 11 12 13 14 18 19 20 21 25 26 27 28 October Mon Tue Wed Thu Fri 2 3 LID 10 16 17 23 24- 30 31 November Mon Tue Wed Thu 1 6 7 8 13 14 15 20 21 22 27 28 29 December Wed Thu Frl 1 5 6 8 January Wed Thu 2 3 4 9 10 11 16 l" 18 19 I 24 25 26 - BREMERTON SCHOOL ,~ 2006- 2007 SCHOOL CALENDAR ;. All Wednesds]'B Yri.I1 be 2h.r. 5 min. fJ8r}y releue. AUG. Leaming Improvement Day Non-StudentDay (~ Non-Student Day ("'PPi-lo.l) First Day of School ." ~ Aug. as Aug. 29 Aug. 30 Aug. 31 SEP. Labor Day Non-Student,Day (wppl......-J) Sep.. Sep. 22 ocr. Oct. 9 Oct. 1 e..20 Leaming Improvement Day Parent Conference. (_below) Nov. 9 Non-Student {~ Nov. 10 Veterans' Day Nov. 23-24 'Thanksgimg Break DEe. Dec.. Non-Student Day (""l'P1emenlo.l) Dec. lS-Jan.l Winter Break Jan. 1 New Yean Day Jan. 12 Non-Student Day (~ Jan. 15 Martin Luther King Jr. Day Feb.S Non-Student Day (~lo.l) Feb. 19 Presidents'Day March 9 Non-Student Day 1~W) March 12-16 Week I, 10th Grade WASL March 29...3Q Parent Conferences (.....below) April 2.-6 Spring Break Aprill6-May .. Grades 3-8 WASL April17-AprilSO Week 2, 10th Grade WASL May 2.5 Non-Student Day c-J-) . Mayas Memorial Day June 20 LalIt Day of School June 21 Snow Make-Up Day PAREJltr CONFERENCES I (Evening coofcn:occs to be determined by building) I -- - ---- -- -----~ ElIt"D OF REPORTL"'G Pf:RlODS ElementarY 1. Dee. 4 1. Mardi 16 3. June 20 &-rondarv I. Oct. 6 1- 00:. 4 3. f..:b. 1 (s.encSler) 4. Mar. 16 $. May. 9 6. June 20 (s.em:.sa:r) I. I LID !n'f i~ f~ ILYd lsnow I" LEGEND Holiday/No School Lurning Improvcment Day P:!renl Conference Day (non-student ooy) Noe-Studenl Day (.upplcnrut"O Snow Make.Up Day. if necessary FirstlLast Day of school; Early Release Day Brurd Mceling Dales EXHIBIT A MOD 5 6 7 8 ,9 , 13 14 15 16 , 20 21 22 23 27 28 March MOD Tue Wed Thu 1 5 6 7 8 12 13 14 19 .20 21 26 27 28 April Tue Wed Thu l\1a MOD Tue 'Wed Thu Fri 1 2 3 4 7 8 9 10 11 14 15 16 17 18 22 23 24- 29 30 31 'June Mon l'ue Wed TIm Fri 1 4 5 6 7 8 11 12 13 14 15 18 19 ... snow 22 25 26 27 28 29 July MOll Tue Wed TIm Fri :2 3 4 5 6 9 10 11 12 13 16 17 18 19 20 23 24 25 26 27 30 31 -- RF'Vl,FJ)~ 8/17i(JS DATE SUBMITIED: August 16,2006 BILL # 06-194_ SE AGENDA BILL CITY OF BREMERTON CITY COUNCIL ..........................................................................................., SUBJECT: CONTRACT AWARD- Coating Applicators, Inc. - Reservoir No. 16 - Interior Coating Replacement Committee Meeting Date: August 23,2006 COUNCIL MEETING Date: September 6, 2006 Department: Public Works & Utilities Presenter: Dan Miller Phone: 473-2314 SUMMARY: Bids were opened on Tuesday, August 8,2006 for Reservoir No. 16 - Interior Coating Replacement Project. A total of nine (9) bids were received for the project (see attached Bid Opening List). The low bidder is Coating Applicators, Inc. from Stanwood, W A for the Total Lump Sum Bid of $119,200.00. The total contract amount, including Washington State Sales Tax, is $129,451.20 The interior coating estimate was $133,000 to $137,000. ATTACHMENTS: Bid Opening List; Water Tank Coating Evaluation, dated 2-22-2000; and Reservoir 16 - Aerial Photo. FISCAL IMPACTS (Include Budgeted Amount): The Water Fund 401 Maintenance Budget listed under "Structures & Grounds - 54830" in the amount of$185,000 shall support this project. APPROVALS: ~' I --- J DEPARTMENTDIRECTOR~ / .. . /, CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: (fjt I CONSENT AGENDA Jlil! RECOMMENDED MOTION: That City Council approve the contract award to Coating Applicators, Inc. in the amount of$129,451.20 including Washington State Sales Tax, and authorize the Mayor to finalize and execute the Contract. COUNCIL ACTION: D Approve D Deny D Table D Continue D No Action CITY OF BHEMERTON BID tABULATION BID TITLE:!k<'f'.YV01C /6. - In-!?rlO[ (\5Q~J(~{:&{({td OPENED BY: /~I/;'C ./ ~ --r-- l., i j 0 /~1! '. -"17-' ;' . . , f' /' , ~.:_t:~-':':~.__ [\ATE: OPEf\JED: . '8'" --~>-O G "7 \ /""- TIME OPENELI: (.x ~ 0:::> 1t/jtt..C; I .) , J'- I " RECORDED By:1i;I/>;r '~-r;--/~~;/J (.n. r.-' t J..L4,--'-J-c,;--p--'b- -....J-f- _. "' . ......-....-.-.....-...-.-.-----.-- NAME OF BIDDER BOND ITEM 1 ITEM 2 ITEM 3 ITEM4 ITEM 5 L Vt~f~_ ,) <.J t.t +T~ SALES-n_--l~(51;\:I_-' - . I . TAX I -----. ----..-.------..--- '~---"--"--"'I --~--'--_. -- ----.-.-----.---..--...---- "'--. /' // /. V v SUMMARY -:~;=ipArlE~IT.Low BIDDE~- ,Al +-. L- oee I -sEcmITiTo" 81DDE (l~Li2.;"'n j~,d:')s-f-r(cJ TfIIRO LciiNB'i615ER TOTAL BID COMMENTS ______________ ---ENGINEER ESTIMATE (JNC 81\'tES-i'"-AA}- $ eO ":2 -~ . I . ;;>---.... ,'.,---. / /. /i()Q=_ , :) / O(,,'--L._____nu_ J ',DO 1.._________ BAILEY AND ASSQCIA TES, INC. Coating Consultants WATER TANK COATING EVALUATION Conducted For: Paul Wandling Vate: 2-22-2000 Owner: City of Br~merton Engineer: Citv - ~ Structure Description: Tank #16. Reliable /976. 95 'x19' Size: IMG Surrounding Environment: Wooded A (:cess limired on back side INTERIOR I. Visual evaluation of the degree of rusting in accordance with ASTM-D-61 0-85 A. Ceiling - Raring 4 B. Shell walls - Rating 7 C. Floor - NOT observed D. Interior structural - Raring 3 II. Evaluation of the coatings A. Surface appearance 'Poor on ceiling and beams B. Blistering, peeling, cracking Cracking on ceiling & wall above warerline C. Discoloration RUST swim; O. Growth of algae, mildew or moss None E. Adhesion Good F. Previous surf.lce protlle identified No G. Dry film thickness measured 1. Ceiling 2. Shell walls 3. Floor H. Coating hazards L Lead 2. Coal Tar 20-30 mils, 8-26 mils on beums 25 - 35 mils Nor tested Below defection limir Presenl as interior lining III. Remarli.s, recommendations Some: r~lsting wus noriced around {he floor - shdI lvall weld seam. This lining should be sdlr:duledj(}r replacr;menf 'rFirhin rhe nr:xrfe'1,' years. 21832 S.E. 175'h SL Maple Valley. W i\ 9803R Phone/Fax -!-25-41:-9043 Attachment DATE SUBMITTED: 8-14-2006 BILL # 010 -/8 E; AGENDA BILL CITY OF BREMERTON CITY COUNCIL SF ........................................................................................ SUBJECT: Interloca1 Agreement with Kitsap County for Public Access Television (BKA T) capital funding. Committee Meeting Date: 08-23-06 COUNCIL MEETING Date: 09-06-06 Department: Financial Services Presenter: Laura Lyon Phone: 473-5722 SUMMARY: The City manages Bremerton Kitsap Access Television ("BKAT") - providing Public, Governmental, and Educational (PEG) Access Television for the City ofBremerton and for Kitsap County. The current PEG Funding agreement with the County which was executed on January 11, 1999 and as subsequently amended and extended, has now expired and is in need of replacement. Staff is recommending the City Council approve execution of a new Interloca1 Agreement with the County that provides BKA T with a pass through of a portion of the County's cable franchise PEG Access Revenues in the total amount of $163,500 to fund specified BKA T capital expenditures over the next five year period. Payments will be made as follows: $86,590 immediately upon execution of this agreement, $44,000 in January 2009, and $33,000 in January 2010. All funds are to be used for capital purchases as described in Addendum A to the agreement. A TT ACHMENTS: Discussion Memorandum and Interloca1 Agreement FISCAL IMP ACTS (Include Budgeted Amount): Provides revenues to the Public Access Television Fund to support capital costs. .~~ /~Jrff;'I?2 ,- ~ ~~/(~~~~? (il- I CONSENT AGENDA !ill APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: RECOMMENDED MOTION: Move to approve the Interloca1 Agreement between Kitsap County and the City of Bremerton for Public Access Television Funding and authorize the Mayor to finalize and execute the agreement in substantially the same form as presented. COUNCIL ACTION: D Approve D Deny D Table D Continue 0 No Action _,..,_,.'",_,.,._,.,"_',',',_,.,.,_______u "'._..__'. ..m...';;',.'.'..I....;;'.,'m;' '0- ,::, .. :,:,; .' ~,...,.,..;.:..:,......,.;;.....,. 111: "" ~:~ ~ .< i: '-c.___, . ,,'P,',' ,-,"',' - .:'_ '._;.;~.":',',:,.',,,', , '-":~ i Memorandum To: City Council Mayor Cary Bozeman From: Laura Lyon, Director of Financial Services Re: Interlocal Agreement with Kitsap County for BKA T Capital Funding Date: August 14, 2006 Bremerton Kitsap Access Television (BKA T) is an important resource for the City of Bremerton and for the greater Kitsap community. The City manages BKA T and has provided production and access services through professional service agreements with Kitsap County, the City of Poulsbo, and the City of Port Orchard (among others). In addition, the City has operated under a separate funding agreement with Kitsap County - which provides BKA T with a portion of the County's Public, Education, and Government (PEG) pass through fees collected pursuant to their cable franchise agreements. The County PEG fees are provided to BKA T for the purpose of ensuring public access television is provided throughout the County. In response to the growing concern about BKA T's financial viability and future (and recognizing that cable franchise agreement negotiations were about to get underway), the City in cooperation with County staff prepared a business plan for BKAT and presented that plan to the City Council on June 14, 2005. Subsequent public and County Commission input have resulted in minor revisions to the plan. Key elements of the plan include: . Service Contracts with other Public/Government Entities . Significant and Immediate Reinvestment in Capital Facilities . Changes in How Operations Were Conducted (Efficiencies) . Identified Targeted Franchise Renewal Objectives . Affirmed the Role of Advisory Groups As of this point in time, new service contracts have been established with the County, the City of Poulsbo, and the City of Port Orchard in accordance with the expectations of the business plan as outlined in the first bullet above. In order to proceed with the second and third bulleted items - a new Interlocal Agreement with the County to provide PEG access fee revenues collected pursuant to their cable franchise agreements is needed, as well as a successful conclusion to the City's Comcast cable franchise renewal process. These two actions combined provide the funds necessary to cover the capital needs of SKAT and provide funds for ongoing operating costs. The Comcast cable franchise renewal is well underway and is expected to be concluded prior to the end of 2006. Kitsap County recently concluded their cable franchise renewal process with Comeast and accordingly are now able to address a new funding agreement with the City. A new Interlocal agreement with the County for PEG access funding has been developed by City and County staff and is being presented to City Council for approval at this time. The County Commission has already formally approved this agreement on August 2, 2006. Specifically the proposed new Interlocal Agreement provides for: 1. A total of $163,500 of PEG access revenues to be provided to SKAT for capital equipment purchases as follows: $86,500 upon execution of the agreement, $44,000 in January 2009, and $33,000 in January 2010. 2. The Interlocal Agreement clearly expresses the County's requirement that PEG fees collected under the County franchise agreement and passed through to SKAT - must be used for capital equipment as specifically described in the Addendum to the agreement. 3. The agreement sets forth required annual reporting requirements to the County demonstrating compliance with 2. above and recapping key service statistics. 4. The agreement provides for the continued use by SKAT of the administration building at 7266 Tibardis Rd. NW, with the County paying for all electricity, security alarm system, sewer, and water costs at this site, while the City will continue to pay for the garbage and telephone services. The capital funding provided by this Interlocal Agreement in combination with the recently established service contracts and the anticipated new Comcast franchise agreement (still pending) is expected to provide SKAT with the funds needed to implement the required immediate and substantial capital investment in 2006 and 2007 as well as provide for operational costs for the next five year period of time. The infusion of capital dollars in large up front payments (Interlocal Agreement and Pending City Cable Franchise Agreement) negates the need to issue debt to accomplish that objective - saving the City considerable money in foregone financing costs. Removing the need for a debt issuance allowed the total PEG fees allocated to SKAT from the County to be lower than the original plan estimates called for without negatively impacting the capital investment expectations. Currently, the City Council is being asked to approve the Interlocal Agreement with Kitsap County for SKAT capital funding. It is expected that a new franchise agreement with Comcast will be presented to Council before the end of 2006, which is the last major agreement necessary to fully implement the business plan elements for SKAT. INTERLOCAL AGREEMENT BETWEEN KITSAP COUNTY AND THE CITY OF BREMERTON FOR PUBLIC ACCESS TELEVISION FUNDING KC-339-06 This agreement is made and executed by and between Kitsap County (hereinafter referred to as the "County") and the City of Bremerton, a municipal corporation (hereinafter referred to as the "City") which agrees.as follows: WHEREAS, the County and City each have the authority and responsibility to issue and oversee cable television franchise agreements; WHEREAS, Federal law allows cable television franchise authorities to require chamlel capacity for public/education/government programming access; and WHEREAS, the City and County cable television franchises provide that certain payments shall be made by the franchisees to support the public, educational, and government access channels (PEG fees); and WHEREAS, the County and City have previously executed agreements, which established the City of Bremerton as the entity responsible for the management and operation of the public/education/government access channel and community access center for video productions through Bremenon Kitsap Access Television (hereinafter referred to as "BKA T"); and WHEREAS, the Funding Agreement by and between the County and City related to BKAT - executed on January 11, 1999, and as subsequently amended and extended - has now expired and is in need of replacement; and WHEREAS, public access television serves a base need for public, education, and governmental programming in the City of Bremerton and throughout Kitsap County; and WHEREAS, the County and City have determined that they will provide support for public, education, and government access television through the dedication of certain PEG fees; NOW THEREFORE in consideration of the mutual covenant contained here in, it is hereby agreed as follows: Section 1. Definitions. For the purposes of this Agreement, the following words, terms, phrases, and their derivations shall have the meanings given herein. Access Channel or Public, Educational, or Governmental Access (PEG) Channel means any channel or portion of a channel utilized for non-commercial programming where any member of the general public or any organization may be a user. Bremerton Kitsap Access Television (BKA T) means the program, facilities and services provided by the City under this funding agreement. Channel means a portion of the digital or electromagnetic frequency spectrum which is used in a cable system and which is capable of delivering a television channel. Franchise or Franchise Agreement means all franchise agreements with cable companies, including all referenced material, adopted in the appropriate manner by the City of Bremerton and Kitsap County. User means any person, organization, institution, business, or group of persons representing such organization or business who use services or resources provided by BKA T or provide programming for cablecast on the access channels. Section 2. Scope of Services. In exchange for the funding provided by the County to the City, pursuant to this agreement, City shall manage the following access services. A. Operate the Access Channels - Public, Education, and Government. Operate the public, educational, and government access channel(s) provided by cable companies to the County for community access programming purposes in a manner which is in compliance with applicable laws, rules, regulations and City and County franchise ordinances, with the primary purpose being to administer, coordinate and assist those requesting access on a non- discriminatory basis. B. Operate a Community Access Center. Manage a video production facility and equipment which shall be available for public use at such hours and times as are determined by the City. Access to equipment and facilities shail be open to all those who satisfactorily complete training class( es) provided by BKA T or who receive a certification from BKA T, identifying said user(s) as having satisfied training requirements through means other than BKA T training classes. C. Provide Equal Access. Provide access to the use of the equipment, facilities, channels, and services provided hereunder on a non-discriminatory basis to all members of the community for non-commercial programming purposes, whether individuals, groups, or organizations on a first-come, first-served non-discriminatory basis, pursuant to operating rules promulgated by BKA T. D. Establish and Maintain Operating Policies and Procedure. Develop policies and guidelines for use and operation of the access equipment, facilities, channel(s) and file such policies, procedures, and rules with the City and County. E. Maintenance of Equipment. Provide regular maintenance and repair of all video equipment purchased with monies received pursuant to this Agreement. F. Promotion. Actively promote the use and benefit of the public, educational, and government access channel(s) and facilities to cable subscribers, the public, access users, and the cable compames. G. Training. Train interested residents in the techniques of video production and provide technical advice in the execution of productions when requested. H. Other Activities. Based upon available funding, undertake other public, educational, and government access programming activities and services as deemed appropriate by the City and consistent with the obligation to facilitate and promote access programming and provide non-discriminatory access. 1. Technical Standards. BKA T shall develop technical standards as a part of its operating rules and procedures. A decision, if any, to not cablecast a program due to technical problems shall in no way involve consideration of the actual content of the program itself. The City or County will not be held responsible for technical problems under control of the cable system. J. Charges for PEG Access Facilities, Equipment, Training, or Cablecast Time. The purpose of PEG access is to allow members of the community within the Service Area to communicate their activities, opinions, and ideas without interference or censorship. However, the City may find it necessary to charge a fee for use of facilities, equipment, cablecast time, or training. These fees will be limited to that which is necessary to cover operating costs of providing those services and facility use including a provision for administrative and overhead costs. Such fees shall not be used to interfere with or censor a user who seeks to produce PEG access programming. The City will also establish a process to enable individuals without sufficient funds to use equipment, facilities, cablecast time, or to receive training. K. Emergencies/Disasters. Access shall be provided to the broadcast facility for City and County broadcasting of public infOlmation during periods of local disasters and public emergenCIes. L. Public Service Notices. Provide equal access to County subscribers who are affiliated with government, education, or nonprofit organizations, to post public service announcements using a character generator. Section 3. Channels Open to Public. The City agrees to keep the access channel(s) open to all potential users, subject to FCC regulations, the Cable Communication Policy Act of 1992, and other relevant laws. Neither the City, County, nor the cable company(s), shall have the authority to control the content of programming placed on the public access channel(s) so long as such programming is lawful. Provided that, nothing herein shall prevent the City, County or cable company(s) from producing or sponsoring programming, prevent the City, County, or cable company(s) from underwriting programming, or prevent the City, County or cable company(s) from engaging in activities designed to promote production of certain types of programming or use by targeted groups as consistent with applicable law and rules for use of channels. BKA T may promulgate and enforce policies and procedures which are designed to promote local use ofthe channel(s) and make the programming accessible to the viewing public, consistent with such time, manner, and place regulations as are appropriate. Section 4. Copvri2ht Clearance. Before cable casting video transmissions, the City shall require all users to agree in writing that they shall make all appropriate arrangements to obtain all rights to all material cablecast and clearances from broadcast stations, networks, sponsors, music licensing organizations representative and without limitation from the foregoing, any and all other persons as may be necessary to transmit program material over BKA T authorized channels unless such clearance is otherwise provided by the cable company(s). The City shall maintain for the County inspection, upon reasonable notice and for the term required pursuant to applicable records retention laws, copies of all such user agreements. Section 5. Copvri2ht and Ownership. The City and County shall own the copyright of any programs which they may choose from time to time to produce. Copyright of programming produced by the public shall be held by such person(s) who produces said programming. Section 6. Distribution Ri2hts. The City shall require that all programs produced with funds, equipment, facilities, or staff granted under this Agreement shall be distributed on the PEG channels. This Section shall not be interpreted to restrict other distribution, so long as such distribution is consistent with the rules and procedures governing such which shalLbe promulgated by BKAT and filed with the City and County. Section 7. Equipment and Facilities. A. The City shall be responsible for maintenance of all equipment owned, leased or loaned to it under this Agreement or purchased with funds provided pursuant to this Agreement. B. The City and County each shall own all equipment acquired directly by each entity prior to this Agreement and furnished to BKA T for the purposes of providing public, educational, and government access channel(s). All other property acquired prior to the effective date of this Agreement shall be the property of the City. Equipment or facilities purchased with funds received pursuant to this Agreement shall become the property ofthe City and County upon termination or non-renewal ofthis Agreement proportionate to their share of revenues contributed pursuant to this Agreement. C. The County agrees to continue providing the facilities at 7266 Tibardis Rd. NW, Bremerton Washington for the use of BKA T for public access purposes during the term of this agreement unless the City provides one hundred eighty (180) day advance written notice of the intent to no longer use those facilities for BKA T purposes except for health or safety reasons. Utilities for the 7266 Tibardis Rd. NW, Bremerton Washington building will be paid as follows: The County will provide (pay) electricity, security alarm system, sewer, and water. The County will perform routine maintenance on the building, grounds, and the parking lot. The City is responsible for garbage and telephone. Section 8. Non-discrimination in Emplovment and Service. A. The City shall not discriminate against any person, employee or applicant for employment or subcontractor on the basis of race, color, creed, religion, sex, marital status, an ancestry, national origin or physical or mental handicap. B. The City shall not discriminate in the delivery of services on the basis of race, color, creed, religion, sex, marital status, an ancestry, national origin or physical or mental handicap. Section 9. Assignment and Sublettim!:. Neither this Agreement nor any interest herein shall be assigned or transferred by either party. Section 10. Annual Reports. Prior to March 15 of each year, the City shall submit to the County the following information: A. Statistics on programming and services provided in the preceding year (January 1 - December 31). B. Current and complete listing of Public Access Advisory Committee members. C. Current and complete schedule of rates and charges for PEG access related activities. D. A summary of formal user and viewer complaints or comments along with BK.t\ T responses from the preceding year (January 1 - December 31). E. A copy ofthe City's adopted budget and supporting schedules for BKA T for the current year. F. Unaudited financial reports for BKAT for the preceding year (January 1 - December 31). G. Network status report describing service interruptions, duration of outages, and cable company response and follow-up. Section 11. Records. A. The City shall maintain all necessary books and records, in accordance with generally accepted accounting principles and applicable records retention laws. B. The City will maintain adequate records and information to demonstrate that funds received from the County pursuant to this Agreement are used for capital expenditures or debt service payments on debt issued to pay for capital expenditures. C. The City shall provide a quarterly budget status report available online at the City website or in the absence of an online report being available the City will provide such report directly to the County. Section 12. Fundimr. A. The County shall pay to the City $163,500 from fees provided by the cable companies to support public, educational, and government access channels (PEG fees) for the purchase of capital equipment. The City shall spend funds received from the County pursuant to this Agreement for facilities and equipment based on attached Addendum A: BKAT Capital Equipment Funding Plan. Based on Addendum A, payment should be made by the County to the City as follows: $86,500 for the first two years of capital improvements upon execution of this agreement. $44,000 in January 2009 for 2009 capital improvements and $33,000 in January 2010 for 2010 capital improvements. Section 13. Term of A2reement. The Agreement shall be for a period of five (5) years commencing January 1, 2006 and terminating December 31,2010. Section 14. Termination of A2reement. A. The County or City shall have the right upon one hundred eighty (180) days written notice to the other party to terminate this Agreement without cause. Section 15. Severability. In the event any provision in this Agreement is deemed unconstitutional, illegal, or void as a matter oflaw, the parties agree that all of the provisions of this Agreement that are not affected by such occurrence, shall constitute a full and complete Agreement between the parties. Section 16. Indemnifv and Hold Harmless. The County and City shall each indemnify, defend, and hold the other harmless from and against any and all claims, suits, actions, causes of action, losses, damage, or liabilities arising or resulting from any alleged negligent or intentional acts or omissions arising out ofthe performance or non performance oftheir respective responsibilities as set out in this agreement. Section 17. Notices. All notices and other communications to be given by either party may be given in writing addressed to the appropriate party as follows: Director of Financial Services City of Bremerton 345 6th Street, Suite 600 Bremerton, Washington 98337 Department of Information Services Director Kitsap County 614 Division Street MS-21 Port Orchard, Washington 98366 Section 18. Public Access Citizens Advisorv Committee. The Mayor of Bremerton, with confirn1ation of the Bremerton City Council, and the County Commissioners shall appoint the Public Access Citizens Advisory Committee composed of nine members pursuant to Chapter 2.100 of the Bremerton Municipal Code as follows: City County Government Staff Representatives 1 1 User Representatives 1 1 Communi ty Representatives 2 2 Youth Representative Joint Appointment (1) Section 19. Entire Agreement. This Agreement is the entire agreement of the parties and supersedes all prior negotiations and agreements whether written or oral. This Agreement may be amended only by written agreement. day of ,2006. Dated this CITY OF BREMERTON CAR Y BOZEMAN, Mayor APPROVED AS TO FORM: Roger A. Lubovich, City Attorney Dated thisJ ~L day of August, 2006. BOARD OF COUNTY COMMISSIONERS KlTSAP COUNTY WASHINGTON ATTEST; ~~- LL r4.-- Opal Robertson Clerk of the Board ~'\ "-:::>-:::;S:S:S~,'\~ ~-- CO;;" --..:,'" ~.~. "'1/1.< ,_,T-. ~ ...... .11 Vi "1" '70' .........'.. /1tS'''\.,,:-~ ~;~.:"0~f\TE ~~.~*~' t1~ : '. -Z (.~O[ * jm 'Q) . ';0 ~~*~..~ ~.""0' '1-- ""~ .' * ,/~..':?t,lING~9"4. f!/ ~~- ADDENDUM A: SKAT CAPITAL EQUIPMENT FUNDING PLAN Item/Description Requested 2006 County Funded Replace Studio Cameras (2), tripods, Dollies, remote controllers, cables And switcher. $ 40,000.00 $ 30,000.00 Playback System additions Replace/add 4 tape and/or dvd decks 4 @$1,800 $ 8,000.00 $ 5,000.00 TOTAL $ , 48,000.00 $ 35,000.00 ... Requested County Item/Description 2007 Funded The Cityof Bremerton's PEG fees for Capital will kick in after their franchise is finalized in 2007. Microphone Replacement - for public $ 10,000.00 $ 5,000,00 And government use. 20 lavaliere mics, 10 Handhelds w/windscreens, 5 wireless Lavaliere for studio, 1 shotgun/boom mic Truck Equipment re-furbishing $ 5,000.00 $ 5,000,00 Continued upgrading of truck equipment Teleprompter for studio $ 4,000.00 $ 4,000.00 Assists "talent" w/ script Cameras for Public $ 7,000.00 (3) AG_DVC 7 w/ cases and tri-pods Public can borrow these cameras for their productions Edit stations (public) to be compatible $ 2,250.00 with new cameras, w/ scanner and external hard drives. Software for staff and Public $ 2,200.00 $ 1,500.00 (music library, background Screens, weather service info) Playback system additions $ 16,000.00 $ 16,000.00 Add Web streaming, this will upgrade the Channel(s) Camera Replacement - government use $ 10,000.00 $ 10,000.00 SONY - 2 (staff will use these for government productions Misc: Government and Public $ 22,000.00 $ 10,000.00 Edit software, laptops, cameras (2) and tripods TOTAL $ 78,450.00 $ 51,500.00 Requested County Item/Description 2008 Funded Purchase "Sprinter Van" and install equipment $ 100,000.00 This would replace the BKA T truck. It is more compact and efficient. It is a mobile Director space and will haul cameras and other Equipment. The equipment that would be installed In the van would be taken from the truck. Misc Assorted items for the new van that are not compatible $ 3,000.00 From the truck conversion. TOTAL $ 103,000.00 $ Requested County ItemlDescription 2009 Funded Sprinter Van equipment Upgrades to the new van for mobile productions $ 25,000.00 Robotic system; cameras (3) switcher and recorder. $ 23,000.00 $ 23,000.00 This allows 1 person to do a field shoot (government meetings in various locations) It is easy to transport, set up and operate. Office furniture; desks, chairs, for public use $ 10,000.00 Web streaming equipment $ 16,000.00 $ 16,000.00 Continued addition of equipment for citizens to Access programs for the BKA T library Satellite install $ 17,000.00 To be used for uplink and downlink. BKA T could access Programs for the channels. The BKA T studio could be used for teleconferencing, etc. Misc. $ 10,000.00 $ 5,000.00 To be used if extra funds are needed for any of the above equipment TOTAL $ 101,000.00 $ 44,000.00 Requested County Item/Description 2010 Funded Computers for staff (4), w/printers and laptops $ 25,000.00 $ 15,000.00 Cameras for Public (3) $ 9,000.00 This will be new technology to replace the cameras Purchased in 07. Edit stations (public) to be compatible $ 4,000.00 with new cameras, wi scanner and external hard drives Software (music library, background screens, $ 3,000.00 $ 2,000.00 To stay current with technology) Web streaming equipment $ 26,000.00 Continued addition of equipment for citizens to Access programs for the BKA T library Camera Replacement - government use $ 12,000.00 $ 6,000.00 Replace cameras purchased in 07 to keep current With technology Misc To be used if extra funds are needed $' 20,000.00 $ 10,000.00 for any of the above equipment TOTAL $ 99,000.00 $ 33,000.00 Grand Total $ 429,450.00 $ 163,500.00 DATE SUBMITTED: August 22, 2006 BILL # .f) to - / Bro AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5q ........................................................................................ SUBJECT: Resolution No. 3oo<p authorizing the sale of real property and granting a temporary construction easement to the State of Washington for right of way for BTC Ingress/Egress Improvement Project Committee Meeting Date: August 23,2006 COUNCIL MEETING Date: September 6, 2006 Department: Economic Development Presenter: Gary Sexton Phone: 473-5282 SUMMARY: The state has requested conveyance of certain real property and the granting of a temporary construction easement for construction of the BTC Ingress/Egress Improvement Project. The proposed resolution authorizes the sale of the property and granting of the easement and authorizes the Mayor to finalize and execute the documents necessary to close the transaction. ATTACHMENTS: Proposed Resolution; Quit Claim Deeds and Temporary Construction Agreement FISCAL IMP ACTS (Include Budgeted Amount): The City will receive a minimum of $248,400 as consideration for the property and easement. _\"\.~ e~ ~"o~~~ ""\ \\ \o.IL~lo"'~ ~ \ -~ Co ~~ \t~...,,-\':-"'\. "'\$~___ ~~~ s;;.l'" .v....... .._\~ ~O~O~._ _"'-'Co.\"" ~;;r. ~c;"v~~ ,~s. ~ ~~ . ~ \ ~.-.-:\ .....).l;<...... ~\:. \~J:~t10 '':0 <;l..Y;~ ~,,~ ~ .'-'L ~<:1'J>'~~ ,...."- ~ ~....".\,~~\~ "\>c....... ~ ~<,,)...cl. APPROVALS: · DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: ~.., MAYOR: /-/ '~ w_ I CONSENT AGENDA ~I FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: /~~ /4I';d- /;./' -"'> ~F".-J ~ t.(.-,.:.....c::?>.<-. {. ~.:=7 _,...... . .,,__ (:. " ......'--- ........... ~~/~~~.~"{ ~~ or RECOMMENDED MOTION: Move to pass Resolution No. 300~ authorizing the sale of real property and granting a temporary construction easement to the State of Washington for right of way for BTC Ingress/Egress Improvement Project. COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action RESOLUTION NO. 3oo(P A RESOLUTION of the City Council of the City of Bremerton, Washington, declaring certain property surplus to the City's needs and approving a sale of the property in accordance with the provisions ofBMC 2.78.010. WHEREAS, the State of Washington has requested that the City convey certain real property as right of way and grant a temporary construction easement for construction of the BTC Ingress/Egress Improvement Project; and WHEREAS, the City has no current or future need or plans for use of the requested property; and WHEREAS, BMC 2.78.010(b) authorizes the City to dispose of real property using any appropriate means; and WHEREAS, the City Council has determined that this property is not utility property and is surplus to the City's needs; and WHEREAS, the property has no beneficial public use at this time; and WHEREAS, the City will receive as compensation for the real property and granting of the temporary construction easement a minimum amount of$248,400; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The property legally described in Exhibit A and Exhibit B is hereby declared surplus to the City's needs and approved for sale to the State of Washington pursuant to BMC 2.78.010 in an amount not less than $248,400. SECTION 2. The City is authorized to grant a temporary construction easement to the State of Washington across the property legally described in Exhibit C. SECTION 3. The Mayor is authorized to execute any and all documents, including but not limited to quit claim deeds, the temporary construction easement, real estate excise tax affidavits, and any and all other documents necessary to complete the transaction. SECTION 4. Severability. If anyone or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. 1 Surplus and Sale of Property and Temporary Construction Easement to the State of Washington SECTION 5. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. of PASSED by the City Council of the City of Bremerton, Washington this ,2006. day CECIL McCONNELL, Council President APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney P AULA JOHNSTON, City Clerk R:\LegaI\Legal\Resolutions\Economic Development\Surplus and Sale to State of Washington.doc 2 Surplus and Sale of Property and Temporary Construction Easement to the State of Washington PIF,\SE \fAKF :-:0 \L\RK 1:-: Till', \f,\RGI:-: SP.\C!, - RFSFR\'I:D FOR COlXIY "LDITOR'S ISI-. O:-:IY QUITCLAIM DEED All that portion of the hereinatler described Parcel "A" lying Southerly of a line described as beginning at the intersection of the West margin of Vacated Park Avenue and the North margin of Burwell Street as delineated on the face of the plat of Town of Bremerton, as recorded in Volume 2 of Plats, page 30, records of Kitsap County, Washington; thence South 88026'13" East along said North margin 106.64 feet; thence along a curve to the left with a radial bearing of North 0 1030'27" East and a radius of 289.89 feet and an arc length of 74.20 feet; thence along a curve to the left with a radial bearing of North 13009'26" West and a radius of289.89 feet and an arc length of24.02 feet; thence along a curve to the right with a radial bearing of South 17054' 19" East and a radius of 308.00 feet an arc length of 38.55 feet; thence along a curve to the right with a radial bearing of South 10044'00" East and a radius of 308.00 feet an arc length of 19.41 feet; thence North 82052'37" East 81.69 feet; thence on a curve to the right with a radial bearing of South 7007'22" East and a radius of 305.00 feet an arc length of 168.53 feet; thence South 67003'41" East 33.99 feet; thence along a curve to the left with a radial bearing of North 22048'27" East and a radius of 215.86 feet an arc distance of 34.74 feet to a point on said North margin lying 241.53 feet West of the Southeast corner of Block 14, of Town of Bremerton, as per Plat recorded in said Volume 2 of Plats, Page 30, records of Kitsap County Auditor, and the terminus of this line description. PARCEL "A": Tract I: The West 6 feet of Lot 47 and all of Lots 48, 49 and 50, in Block 14, of Town of Bremerton, as per Plat recorded in Volume 2 of Plats, Page 30, records of Kitsap County Auditor; The North 13 feet of the Vacated Alley from extension of the West Line of Lot 24, Block 19, Town of Bremerton, and continuing East to the line 6 feet East of the line between Lots 47 and 48, Block 14, Town of Bremerton; ALSO that portion of vacated Park A venue between 4th Street and South line of the Alley described above, Town of Bremerton; RES-306 Parcel No. 3-09578 PLL\SI-. M.\KE 1';0 MARK II'; fHE MARGIN SPACE - RESERVED EOR COUNTY AUDI roR'S LSE ONL Y EXHIBIT A PLEASE MAKE SO \IARK IN TilE \lAROIN SPAlE RESERVED fOR ('OliNTY AUDITORS USE O:-.iLY QUITCLAIM DEED Tract II: All of Lots 1, 2, 3 and 4, in Block 14, of Town of Bremerton, as per Plat recorded in Volume 2 of Plats, Page 30, records of Kitsap County Auditor; The South one toot of the Vacated Alley from the line between Lots 16 and 17, Block 19, Town of Bremerton, and continuing East to the line six feet East of the Line between Lots 3 and 4, Block 14, Town of Bremerton; ALSO that portion of vacated Park A venue between Burwell Street and the South line of the Alley described above, Town of Bremerton; Tract III: Beginning at a point nine feet West of the Northeast comer of Lot 47, Block 14, Town of Bremerton, as per Plat recorded in Volume 2 of Plats, Page 30, records of Kitsap County Auditor; Thence South parallel with the East line of Lot 47 to the South line of said Lot; Thence West along the South line of said Lot 15 feet; Thence North parallel with the East line of said Lot to the North line of said lot; Thence East 15 feet to the point of beginning; Situate in the City of Bremerton, County of Kitsap, State of Washington. The lands herein described contain an area of 232 square feet, more or less, the specific; , details concerning all of which are to be found in that certain map of definite location now of! t record and on file in the office of the Secretary of Transportation at Olympia, revised March t , 17,2006. Grantor's lnitials RES-306 Parcel No. 3-09578 I'LEISL V1,\KE NO \IARK IN THE VIARGIN SPACE - RESE.RVED FOR COLIN ry AUDITOR'S lJSE ONE Y AUG-18-2006 FRI 02:36 PM DR RES TACOMA W \ CY '~ ~ ~ C\J FAX NO, 253 552 5190 p, 01 ---- Post-it" Fax Note 10 L \ L c.. co.lDept. 7611 pate ffot ~ ~..., pages 'SI' ~ From co, phone ~:,;;l..s' 3" 55 2 - S I"') 7'7 c:osO F;))(# FfP<1I :J~O - :? =:76 pnons II shuler-f " iL'l: '. m ic\SR 304 Bremer T .24No R.lE.. W.M. I I ,- 103.02' : , ...' :, ."'.. ;3; ,;..".. ............,..,..., ......... ...~... . ~r N 1"34'26;;"E'''''''''' '-l~ - VACATED ORD NO. 719 ~- Nl ~ ~I,!~ VACATED ORD NO. 598 CDI!~ --1 ': I 30' Ja' a~ 'll I } 2 I I I I L> -+--~~ ---7 c.. I '. """I I o I ;S-, ~ I ~ : I I I I I I ,------- ----- I I I~ 10 I~ 10: l/'l ~ ~ I --J PARK AvE. D ~ (\) ? TEMPORARY CONSTRUCTION EASEMENT BLOCK 13 :~: )I '. ' .. "\,.... \.C :_: Ln 01 : lf1; m ~ ~~l ~ _ 't"\.J. - p~ 1~f - CJ; zf 103.02' I ~] sa NI ~ 0', ' ~r :1 L3 ~: -l: :('\1 :~.- ,.rI,."... ....J.9.~,~.~~ ~__. ...,..7~;i .,.....-,'1.. ,., " I ! j I I ' ---.J I I I I I I ,..~ ( I I I I ___J 1 I I I I! h-- L 3: L-. ~ C ~ I N; 0: 81 nr.K 14 QUITCLAIM DEED PI.LISI- \LIKF :\,) \LIRK 1:\ rill' \LIIU,I:\ SP,ICE - RI.SIRHIl H1R (()I,XI Y AI.'IJITOR'S ISI. O:\I.Y All that portion of the herein described Parcel "A" lying Northeasterly of a line described as follows: Commencing at a cased monument at the intersection of the centerlines of First Street and Pacific A venue in the Plat of 'Town of Bremerton", recorded in Volume 2 of Plats, Page 30, records of Kitsap County, Washington; thence South 88024'32" East along the center line of said First Street 41.47 feet; thence South 01035'28" West 35.00 feet to the Southerly margin of said First Street; thence North 88024'32" West along said Southerly margin 63.39 feet to the True Point of Beginning of the herein described line; thence on a curve to the right having a radius of 88.00 feet, the center of which bears South 04058'36" West, an arc distance of 30.25 feet; thence South 65019'30" East 68.94 feet; thence South 59040'59" East 21.48 feet; thence on a curve to the left having a radius of 20.00 feet, the center of which bears North 30019'01" East, an arc distance of 9.83 feet; thence on a curve to the right having a radius of 10.00 feet, the center of which bears South 02009'54" West, an arc distance of 2.64 feet; thence on a curve to the right having a radius of 43.00 feet, the center of which bears South 17016'15" West, an arc distance of 26.34 feet; thence South 29014'24" East 26.71 feet; thence South 29027'18" East 88.02 feet to the terminus of said line description. PARCEL "A": That portion of the Plat of "Town of Bremerton" recorded in Volume 2 of Plats, Page 30, situate within Government Lot 3 of Section 24, Township 24 North, Range 1 East, W.M., City of Bremerton, Kitsap County, Washington, described as follows: RES-306 Parcel No. 3-09930 PI.EASE \1.IKE '0 \fARK II'; TilE \f,IRGI:-i SP,ICE RE.SFRVl:D fOR CO!.ii\TY AI.:fJITOR'S I.,SF 0"'- Y EXHIBIT B PIF..\SF ~LIKE ~O ~l.\RK I~ Till' \1,IRlil:\ SP..IlT. RESFR\'FIJ H)R CtJL;\;'J Y .IU1ITOR'S I.SF ()~IY QUITCLAIM DEED Commencing at a cased monument at the intersection of First Street and Pacitic A venue; thence South 880 24' 32" East along the centerline of said First Street 149.02 feet to a brass monument; thence South 010 36' 57" West 35.00 feet to the Southerly right-of-way margin of said First Street; thence North 880 24' 32" West along said Southerly right-of-way margin 14.00 feet to the Westerly line of the alley in Block 10 of said Plat and the point of beginning; thence South 01035' 20" West along said Westerly line 87.24 feet; thence North 29014' 24" West 44.17 feet; thence South 60046' 07" West 96.34 feet to the beginning of a non-tangent curve concave to the Southwest from whence its center bears South 41029' 40" West 150.00 feet distant; thence Northwesterly along the arc of said curve 35.20 feet through a central angle of 130 26' 40"; thence North 610 57' 00" West 43.68 feet to the beginning of a curve concave to the Northeast from whence its center bears North 280 03' 00" East 67.00 feet distant; thence Northerly along the arc of said curve 74.31 feet through a central angle of 630 32' 46" to the Southerly right-of",way margin of said First Street; thence South 880 24' 32" East along said Southerly margin 211.01 feet to the point of beginning; Situate in the City of Bremerton, County of Kitsap, State of Washington. The lands herein described contain an area of 4,256 square feet, more or less, the i specific details concerning all of which are to be found in that certain map of definite location, : now of record and on file in the office of the Secretary of Transportation at Olympia, bearing. , date of approval of June 26, 2006, revision pending'. Grantor's Initials RES-J06 Parcel No. 3-09930 PILISE M..\KE so ,IIARK I" TIll' \1..\RGIN SP.\l'1 . R1SERVFD lOR COINTY ,\l;IJIlORS USE O:\L Y AUG-18-2006 FRI 02:36 PM OR RES TACOMA \ I I \ \ I ~\ \ , FAX NO. 253 552 5180 P. 02 o [tbO- 2 N01~3W3>Ji "au 11VJ.3C 3'35 TEMPORARY CONSTRUCTION EASEMENT PI.F.ISF If.lKL ~O If,IRK I~ TIlE ILIRGIN SP,ICF - RI,SI,R HIl H)R COt:N I Y ALIJITOR S I'SF 0\;1. ,. All that portion of the hereinafter described Parcel "A" described as beginning at the intersection of the West margin of Vacated Park Avenue and the North margin of Burwell Street as delineated on the face of the plat of Town of Bremerton, as recorded in Volume 2 of Plats, page 30, records of Kitsap County, Washington; thence South 88026'13" East along said North margin 106.64 feet; thence along a curve to the left with a radial bearing of North 01030'27" East and a radius of 289.89 feet and an arc length of 74.20 feet to a point on the East margin of Lot 4, in Block 14, of said Town of Bremerton, lying 9.52 feet North of the Southeast comer of said Lot 4; thence North along said East margin a distance of 10.35 feet; thence Westerly on a curve to the right with a radial bearing of North 01030'27" East and a radius of 279.89 feet and an arc length of 74.27 feet to a point which lies North 1 030'27" East 1 0.00 feet from the True Point of Beginning; thence Southwesterly a distance of 10.00 feet to the True Point of Beginning. Tract I: The West 6 feet of Lot 47 and all of Lots 48,49 and 50, in Block 14, of Town of Bremerton, as per Plat recorded in Volume 2 of Plats, Page 30, records of Kitsap County Auditor; The North 13 feet of the Vacated Alley from extension of the West Line of Lot 24, Block 19 , Town of Bremerton, and continuing East to the line 6 feet East of the line between Lots 47 and 48, Block 14, Town of Bremerton; ALSO that portion of vacated Park A venue between 4th Street and South line of the Alley described above, Town of Bremerton; Tract II: All of Lots 1, 2, 3 and 4, in Block 14, of Town of Bremerton, as per Plat recorded in Volume 2 of Plats, Page 30, records of Kitsap County Auditor; The South one foot of the Vacated Alley from the line between Lots 16 and 17, Block 19, Town of Bremerton, and continuing East to the line six feet East of the Line between Lots 3 and 4, Block 14, Town of Bremerton; ALSO that portion of vacated Park Avenue between Burwell Street and the South line of the Alley described above, Town of Bremerton; RES-325 Parcel No. 3-09578 PI.F.-ISL \1AKF \;0 11.IIlK IN TIIf' IflR(;IN SPoIee - RLSERVHJ tOR COUNTY ,I\:DITOR'S IJSE ONI.Y EXHIBIT C TEMPORARY CONSTRUCTION EASEMENT TractI III: PLEASE \!.\KF ~O \I.\RK I~ TilE \IARt;l:-; SntT . RI'.SICR\EIlI'OR (m:-; IV \LIlIIl.lR"S 1.51' (l~I.V Beginning at a point nine feet West of the Northeast corner of Lot 47, Block 14, Town of Bremerton, as per Plat recorded in Volume 2 of Plats, Page 30, records of Kitsap County Auditor; Thence South parallel with the East line of Lot 47 to the South line of said Lot; Thence West along the South line of said Lot 15 feet; Thence North parallel with the East line of said Lot to the North line of said lot; Thence East 15 feet to the point of beginning; Situate in the City of Bremerton, County of Kitsap, State of Washington. The lands herein described contain an area of 742 square feet more or less, the specific . details concerning all of which are to be found in that certain map of definite location now of. , record and on file in the office of the Secretary of Transportation at Olympia, revised March 17,2006. Grantor's Initials RES-325 Parcel No. 3-09578 PLI'.\S!' \l.\KI: ~o \lARK 1~IIlE \IARGII" SPACE RESIcRVEO HJR COU:-;TY .\loDITOR'S L;SI, O~LY AUG-18-2006 FRI 02:15 PM OR RES TACOMA ~ ~ ~ ~ ~ ~ FAX NO, 253 552 5190 p, 01 Post-it'"' Fax Note 7671 Dale II of ... 3 pagus To From L\LC- Co.lDept. P/lone II Co. Phone~.s3 - SS 2 ~ Sf7 FBJlIf Faxi/ -3 73.-5f?SO C:\Fl""OI1l Re III ic\SR 30~ Bremer Sllulerf 09/13/2005 07:20:37 AM 'j: " T ..24N.. RolE. W.M. I' ~ H-- 0 ~ Ii 3: L BLOCK 13 a: I: (j") ,.., ~ jiPAR!(]NG .~ -- ---..... . I.f) e1 l: I f . n r;;\ o ~ :) ~ t,A () -I-- -;, ") ~ C ~ +L-S It\ ~ C/\ , rb $ I\) 0 (> ) --r ,.. , TEMPORARY CONSTRUCT[DN EASEMENT I 1._-' !O3. 02' __:. ~ r~"" '. ,.. ... .-". ,'...... -. ,., ...,.. .....:, :. ,~:., .,.... b( N 1"34'26"E __ ~L'.". c VACATED ORD NO. 1 ~ ~I~ VACATED ORD NO. '0' 'O~" "is. 11 . Y I --J PARK AVE. :):; . )I o . IJJ -; t1l CI'I In; C1 . . rn ljl: rn ~ ~. .......... -., roo eo, ~; 103.02' r "..1 .....j 779 598 : ~ : ~ : -.: 50 i q N; "., 0: N " : "" f'o-: "" ~: "2 I I I I I J I I , I I I f I , I I L3 :N i~::........ -9~.49' 3] ..__....J,~.:..l:-:~...... 103.01' ,.'oj _. _ 4. .. . . ._,'.. ,... .. . . _. __. ,~.. -- - :-_._,~ l.6 -.! . ~ F'ARK lNG, : _~ lOT_' . ,..... o' l,)1 .. .. .; .. -t 01: I I I , I . I I I I I I I , I I I I j I I l- I .. BLOCK I ~ 14 I I- " RI nrK 14 :. <11 . ~9' r"I _ -61.51' .: r- .,..---,..--" ,~.~_o;t:; I . ;~ N ~ a: I 0: I :::! .3'. · '01 ; .0 I : t.:J I :N .... . 'I ~.I After recording return document to: State of Washington Department of Transportation Real Estate Services Office POBox 47338 Olympia, W A 98504-7338 PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY AUDITOR'S USE Document Title: Quitclaim Deed Reference Number of Related Documents: None Grantor: City of Bremerton Grantee: State of Washington, Department of Transportation Legal Description: Lots 1-4, Portion Lot 47, and All of Lots 48-50, Block 14, Town of Bremerton Additional Legal Description is on Page 3 & 4 of Document. Assessor's Tax Parcel Number: 37180140010007 QUITCLAIM DEED SR 304, BURWELL ST. TO WASHINGTON AVE. The Grantor, CITY OF BREMERTON, A MUNICIP AL CORPORATION OF THE STATE OF WASHINGTON, for and in consideration of the sum of TEN AND NOIlOO ($10.00) Dollars, and other valuable consideration, conveys and quitclaims to the STATE OF WASHINGTON, DEPARTMENT OF TRANSPORTATION the following described real pr<?perty, and any after acquired interest therein, situated in Kitsap County, in the State of Washington, under the imminent threat of the Grantee's exercise of its rights of Eminent Domain: For legal description and additional conditions See Exhibit A attached hereto and made a part hereof. Also, the undersigned hereby requests the Assessor and Treasurer of said County to set-over to the remainder of the herein described Parcel "A" the lien of all unpaid taxes, if any, affecting the property hereby conveyed, as provided by RCW 84.60.070. It is understood and agreed that delivery of this deed is hereby tendered and that the terms and obligations hereof shall not become binding upon the State of Washington unless and until accepted and approved hereon in writing for the State of Washington, Department of Transportation, by the Director of Real Estate Services. RES-306 Revised 09/05 Page 1 of 4 Pages FA No. HP-1998(029) Project No. 330405A Parcel No. 3-09578 PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY AUDITOR'S USE ONLY. ------ ----~, ~._. ----..--..'"'.----.-"---- ------ ------------- -----,-- ----- ------ QUITCLAIM DEED Dated: CITY OF BREMERTON By: Cary Bozeman, Mayor By: City Attorney, approved as to form Accepted and Approved STATE OF WASHINGTON Department of Transportation By: Gerald L. Gallinger Director, Real Estate Services Date: STATE OF WASHINGTON) : ss ! County of Kitsap ) On this day of , 2006 before me personally appeared CARY BOZEMAN to me known to be the duly elected and qualified Mayor and City Commissioner of the City of Bremerton, Washington, that executed the within and foregoing instrument and acknowledged said instrument to be the free and voluntary act and deed of said City, for the uses and purposes therein mentioned, and each on oath stated that he was authorized to execute said instrument by resolution of the Mayor and City Commissioners of said City, and that the seal affixed, if any, is the official seal of said City. GIVEN under my hand and official seal the day and year last above written. Notary Public in and for the State of Washington, residing at My commission expires RES-306 Page 2 of 4 Pages Parcel No. 3-09578 PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY AUDITOR'S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY AUDITOR'S USE ONL Y QUITCLAIM DEED EXHIBIT A All that portion of the hereinafter described Parcel "A" lying Southerly of a line described as beginning at the intersection of the West margin of Vacated Park A venue and the North margin of Burwell Street as delineated on the face of the plat of Town of Bremerton, as recorded in Volume 2 of Plats, page 30, records of Kitsap County, Washington; thence South 88026'13" East along said North margin 106.64 feet; thence along a curve to the left with a radial bearing of North 01030'27" East and a radius of 289.89 feet and an arc length of 74.20 feet; thence along a curve to the left with a radial bearing of North 13009'26" West and a radius of 289.89 feet and an arc length of 24.02 feet; thence along a curve to the right with a radial bearing of South 17054'19" East and a radius of 308.00 feet an arc length of 38.55 feet; thence along a curve to the right with a radial bearing of South 10044'00" East and a radius of 308.00 feet an arc length of 19.41 feet; thence North 82052'37" East 81.69 feet; thence on a curve to the right with a radial bearing of South 7007'22" East and a radius of 305.00 feet an arc length of 168.53 feet; thence South 67003'41" East 33.99 feet; thence along a curve to the left with a radial bearing of North 22048'27" East and a radius of 215.86 feet an arc distance of 34.74 feet to a point on said North margin lying 241.53 feet West of the Southeast comer of Block 14, of Town of Bremerton, as per Plat recorded in said Volume 2 of Plats, Page 30, records of Kitsap County Auditor, and the terminus of this line description. PARCEL "A": Tract I: The West 6 feet of Lot 47 and all of Lots 48,49 and 50, in Block 14, of Town of Bremerton, as per Plat recorded in Volume 2 of Plats, Page 30, records of Kitsap County Auditor; The North 13 feet of the Vacated Alley from extension of the West Line of Lot 24, Block 19 , Town of Bremerton, and continuing East to the line 6 feet East of the line between Lots 47 and 48, Block 14, Town of Bremerton; ALSO that portion of vacated Park A venue between 4th Street and South line of the Alley described above, Town of Bremerton; RES-306 Page 3 of 4 Pages Parcel No. 3-09578 PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY AUDITOR'S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY AUDITOR'S USE ONLY QUITCLAIM DEED Tract II: All of Lots 1, 2, 3 and 4, in Block 14, of Town of Bremerton, as per Plat recorded in Volume 2 of Plats, Page 30, records of Kitsap County Auditor; The South one foot of the Vacated Alley from the line between Lots 16 and 17, Block 19, Town of Bremerton, and continuing East to the line six feet East of the Line between Lots 3 and 4, Block 14, Town of Bremerton; ALSO that portion of vacated Park A venue between Burwell Street and the South line of the Alley described above, Town of Bremerton; Tract III: Beginning at a point nine feet West of the Northeast comer of Lot 47, Block 14, Town of Bremerton, as per Plat recorded in Volume 2 of Plats, Page 30, records of Kitsap County Auditor; Thence South parallel with the East line of Lot 47 to the South line of said Lot; Thence West along the South line of said Lot 15 feet; Thence North parallel with the East line of said Lot to the North line of said lot; Thence East 15 feet to the point of beginning; Situate in the City of Bremerton, County of Kitsap, State of Washington. The lands herein described contain an area of 232 square feet, more or less, the specific details concerning all of which are to be found in that certain map of definite location now of record and on file in the office of the Secretary of Transportation at Olympia, revised March 17,2006. Grantor's Initials RES-306 Page 4 of 4 Pages Parcel No. 3-09578 PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY AUDITOR'S USE ONL Y. After recording return document to: State of Washington Department of Transportation Real Estate Services Office PO Box 47338 Olympia, W A 98504-7338 PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY AUDITOR'S USE Document Title: Quitclaim Deed Reference Number of Related Documents: None Grantor: City of Bremerton Grantee: State of Washington, Department of Transportation Legal Description: ptn of Govt Lot 3, Sec 24, T 24 N, R 1 E, W.M. Additional Legal Description is on Pages 3 & 4 of Document. Assessor's Tax Parcel Number: 37180100020004 QUITCLAIM DEED KITSAP COUNTY SUNDRY SITE PLANS, BREMERTON FERRY TERMINAL The Grantor, CITY OF BREMERTON, A MUNICIPAL CORPORATION OF THE STATE OF WASHINGTON, for and in consideration of the sum of TEN AND NOll 00 ($10.00) Dollars, and other valuable consideration, conveys and quitclaims to the ST ATE OF WASHINGTON, DEPARTMENT OF TRANSPORTATION the following described real property, and any after acquired interest therein, situated in Kitsap County, in the State of Washington, under the imminent threat of the Grantee's exercise of its rights of Eminent Domain: For legal description and additional conditions See Exhibit A attached hereto and made a part hereof. Also, the undersigned hereby requests the Assessor and Treasurer of said County to set-over to the remainder of the herein described Parcel "A" the lien of all unpaid taxes, if any, affecting the property hereby conveyed, as provided by RCW 84.60.070. It is understood and agreed that delivery of this deed is hereby tendered and that the terms and obligations hereof shall not become binding upon the State of Washington unless and until accepted and approved hereon in writing for the State of Washington, Department Transportation, by the Director of Real Estate Services. RES- 306 Revised 09/05 Page I of 4 Pages FA No. HP-1998(029) Project No. 330405A Parcel No. 3-09930 PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY AUDITOR'S USE ONLY QUITCLAIM DEED Dated: CITY OF BREMERTON By: Cary Bozeman, Mayor By: City Attorney, approved as to form Accepted and Approved STATE OF WASHINGTON Department of Transportation By: Gerald L. Gallinger Director, Real Estate Services Date: STATE OF WASHINGTON) : ss County of Kitsap ) On this day of , 2006 before me personally appeared CARY BOZEMAN to me known to be the duly elected and qualified Mayor and City Commissioner of the City of Bremerton, Washington, that executed the within and foregoing instrument and acknowledged said instrument to be the free and voluntary act and deed of said City, for the uses and purposes therein mentioned, and each on oath stated that he was authorized to execute said instrument by resolution of the Mayor and City Commissioners of said City, and that the seal affixed, if any, is the official seal of said City. GIVEN under my hand and official seal the day and year last above written. Notary Public in and for the State of Washington, residing at My commission expires RES-306 Page 2 of 4 Pages Parcel No. 3-09930 PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY AUDITOR'S USE ONL Y PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY AUDITOR'S USE ONLY. QUITCLAIM DEED EXHIBIT A All that portion of the herein described Parcel "A" lying Northeasterly of a line described as follows: Commencing at a cased monument at the intersection of the centerlines of First Street and Pacific Avenue in the Plat of "Town of Bremerton", recorded in Volume 2 of Plats, Page 30, records of Kitsap County, Washington; thence South 88024'32" East along the center line of said First Street 41.47 feet; thence South 01035'28" West 35.00 feet to the Southerly margin of said First Street; thence North 88024'32" West along said Southerly margin 63.39 feet to the True Point of Beginning of the herein described line; thence on a curve to the right having a radius of 88.00 feet, the center of which bears South 04058'36" West, an arc distance of 30.25 feet; thence South 65019'30" East 68.94 feet; thence South 59040'59" East 21.48 feet; thence on a curve to the left having a radius of 20.00 feet, the center of which bears North 30019'01" East, an arc distance of 9.83 feet; thence on a curve to the right having a radius of 10.00 feet, the center of which bears South 02009'54" West, an arc distance of 2.64 feet; thence on a curve to the right having a radius of 43.00 feet, the center of which bears South 17016'15" West, an arc distance of 26.34 feet; thence South 29014'24" East 26.71 feet; thence South 29027'18" East 88.02 feet to the terminus of said line description. PARCEL "A": That portion of the Plat of "Town of Bremerton" recorded in Volume 2 of Plats, Page 30, situate within Government Lot 3 of Section 24, Township 24 North, Range 1 East, W.M., City of Bremerton, Kitsap County, Washington, described as follows: RES-306 Page 3 of 4 Pages Parcel No. 3-09930 PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY AUDITOR'S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY AUDITOR'S USE ONLY QUITCLAIM DEED Commencing at a cased monument at the intersection of First Street and Pacific Avenue; thence South 880 24' 32" East along the centerline of said First Street 149.02 feet to a brass monument; thence South 01036' 57" West 35.00 feet to the Southerly right-of-way margin of said First Street; thence North 88024' 32" West along said Southerly right-of-way margin 14.00 feet to the Westerly line of the alley in Block 10 of said Plat and the point of beginning; thence South 01035' 20" West along said Westerly line 87.24 feet; thence North 29014' 24" West 44.17 feet; thence South 60046' 07" West 96.34 feet to the beginning of a non-tangent curve concave to the Southwest from whence its center bears South 410 29' 40" West 150.00 feet distant; thence Northwesterly along the arc of said curve 35.20 feet through a central angle of 130 26' 40"; thence North 610 57' 00" West 43.68 feet to the beginning of a curve concave to the Northeast from whence its center bears North 280 03' ,00" East 67.00 feet distant; thence Northerly along the arc of said curve 74.31 feet through a central angle of 630 32' 46" to the Southerly right-of-way margin of said First Street; thence South 88024' 32" East along said Southerly margin 211.01 feet to the point of beginning; Situate in the City of Bremerton, County of Kitsap, State of Washington. The lands herein described contain an area of 4,256 square feet, more or less, the specific details concerning all of which are to be found in that certain map of definite location now of record and on file in the office of the Secretary of Transportation at OIYIDpia, bearing date of approval of June 26, 2006, revision pending. Grantor's Initials RES-306 Page 4 of 4 Pages Parcel No. 3-09930 PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY AUDITOR'S USE ONLY After recording return document to: State of Washington Department of Transportation Real Estate Services Office PO Box 47338 Olympia W A 98504-7338 PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY AIIDITOR'S USE Document Title: Temporary Construction Easement Reference Number of Related Documents: None Grantor: City of Bremerton Grantee: State of Washington, Department of Transportation Legal Description: Lots 1-4, Portion Lot 47, and All of Lots 48-50, Block 14, Town of Bremerton Additional Legal Description is on Page 3 & 4 of Docume~t. Assessor's Tax Parcel Number: 37180140010007 TEMPORARY CONSTRUCTION EASEMENT SR 304, BURWELL ST. TO WASHINGTON AVE. The Grantor, CITY OF BREMERTON, A MUNICIPAL CORPORATION OF THE STATE OF WASHINGTON, for and in consideration of the sum of TEN AND NOll 00 ($10.00) Dollars, and other valuable consideration" conveys and grants unto the State of Washington, Department of Transportation, and its assigns under the imminent threat of the Grantee's exercise of its right of Eminent Domain, the right, privilege and easement over, upon, and across the hereinafter described lands for the purpose of operation, maintenance and construction of a tunnel. The temporary rights herein granted shall terminate on June 30. 2009. Said lands being situated in Kitsap County, State of Washington, and described as follows: For legal description and additional conditions See Exhibit A attached hereto and made a part hereof. It is understood and agreed that delivery of this Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon the State of Washington, unless and until accepted and approved hereon in writing for the State of Washington, Department of Transportation by its Director of Real Estate Services. RES-325 Revised 09/05 Page 1 of 4 Pages FA No. HP-1998(029) Project No. 330405A Parcel No. 3-09578 PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY AUDITOR'S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT Dated: CITY OF BREMERTON By: Cary Bozeman, Mayor By: City Attorney, approved as to form Accepted and Approved STATE OF WASHINGTON Department of Transportation By: Gerald L. Gallinger Director, Real Estate Services Date: STATE OF WASHINGTON) : ss County of ) On this day of , 2006 before me personally appeared CAR Y BOZEMAN to me known to be the duly elected and qualified Mayor and City Commissioner of the City of Bremerton, Washington, that executed the within and foregoing instrument and acknowledged said instrument to be the free and voluntary act and deed of said City, for the uses and purposes therein mentioned, and each on oath stated that he was authorized to execute said instrument by resolution of the Mayor and City Commissioners of said City, and that the seal affixed, if any, is the official seal of said City. GIVEN under my hand and official seal the day and year last above written. Notary Public in and for the State of Washington, residing at My commission expires RES-325 Page 2 of 4 Pages Parcel No. 3-09578 PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY AUDITOR'S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY AUDITOR'S USE ONLY. -~'-'-"-_._---------'- - ... ----_.__._._-----,.__._-._-~--,_...~------------ -- ---------._-- --.~-"-- .- .----.,...--..-.'"'---.-.,---...."'.-..-- _.- -_.._---._---~- -.------- --- TEMPORARY CONSTRUCTION EASEMENT EXHIBIT A All that portion of the hereinafter described Parcel "A" described as beginning at the intersection of the West margin of Vacated Park Avenue and the North margin of Burwell Street as delineated on the face of the plat of Town of Bremerton, as recorded in Volume 2 of Plats, page 30, records of Kitsap County, Washington; thence South 88026'13" East along said North margin 106.64 feet; thence along a curve to the left with a radial bearing of North 01030'27" East and a radius of 289.89 feet and an arc length of 74.20 feet to a point on the East margin of Lot 4, in Block 14, of said Town of Bremerton, lying 9.52 feet North of the Southeast comer of said Lot 4; thence North along said East margin a distance of 10.35 feet; thence Westerly on a curve to the right with a radial bearing of North 01030'27" East and a radius of 279.89 feet and an arc length of 74.27 feet to a point which lies North 1 030'27" East 1 0.00 feet from the True Point of Beginning; thence Southwesterly a distance of 10.00 feet to the True Point of Beginning. Tract I: The West 6 feet of Lot 47 and all of Lots 48,49 and 50, in Block 14, of Town of Bremerton, as per Plat recorded in Volume 2 of Plats, Page 30, records of Kitsap County Auditor; The North 13 feet of the Vacated Alley from extension of the West Line of Lot 24, Block 19, Town of Bremerton, and continuing East to the line 6 feet East of the line between Lots 47 and 48, Block 14, Town of Bremerton; ALSO that portion of vacated Park A venue between 4th Street and South line of the Alley described above, Town of Bremerton; Tract II: All of Lots 1, 2, 3 and 4, in Block 14, of Town of Bremerton, as per Plat recorded in Volume 2 of Plats, Page 30, records of Kitsap County Auditor; The South one foot of the Vacated Alley from the line between Lots 16 and 17, Block 19, Town of Bremerton, and continuing East to the line six feet East of the Line between Lots 3 and 4, Block 14, Town of Bremerton; ALSO that portion of vacated Park Avenue between Burwell Street and the South line of the Alley described above, Town of Bremerton; RES-325 Page 3 of 4 Pages Parcel No. 3-09578 PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY AUDITOR'S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY AUDITOR'S USE ONL Y. - - ---. - -~- ~"~.__.._,_.._'""--,--~-~-- ---- -- ------ -- ."-"'--..---- ..---- --..-. -- ----,,-_..--- - -----.-.-- ----- ~_._--,-,,--- ---- --.--" -- -- - -- - ----- . TEMPORARY CONSTRUCTION EASEMENT T ractl III: Beginning at a point nine feet West of the Northeast corner of Lot 47, Block 14, Town of Bremerton, as per Plat recorded in Volume 2 of Plats, Page 30, records of Kitsap County Auditor; Thence South parallel with the East line of Lot 47 to the South line of said Lot; Thence West along the South line of said Lot 15 feet; Thence North parallel with the East line of said Lot to the North line of said lot; Thence East 15 feet to the point of beginning; Situate in the City of Bremerton, County of Kitsap, State of Washington. The lands herein described contain an area of 742 square feet more or less, the specific details concerning all of which are to be found in that certain map of definite location now of record and on file in the office of the Secretary of Transportation at Olympia, revised March 17,2006. Grantor's Initials RES-325 Page 4 of 4 Pages Parcel No. 3-09578 PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY AUDITOR'S USE ONLY DATE SUBMITTED: BILL # O~ -/6'7 AGENDA BILL CITY OF BREMERTON CITY COUNCIL f.A ........................................................................................ SUBJECT: Public Hearing to approve ordinance No 417 7amending several sections of the Zoning Code, BMC title 20. Committee Meeting Date: 8-23-06 COUNCIL MEETING Date: 9-6-06 Department: DCD Presenter: Nicole Ward Phone: 360-473-5279 SUMMARY: The action before the Council is to conduct a public hearing and adopt Ordinance No.t{t'j17 amending several sections of the Zoning Code, BMC title 20. ATTACHMENTS: A. Ordinance No.1tQincluding Planning Commissions Findings and Conclusions B. Staff Memo with detailed description of amendments and Planning Commission minutes FISCAL IMP ACTS (Include Budgeted Amount): None APPROV ALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: /~~. ;;~ ~ /~~ . c RECOMMENDED MOTION: Move to pass Ordinance No.1 177 to amend several sections of the Zoning Code, BMC title 20. I CONSENT AGENDA 0 I COUNCIL ACTION: D Approve D Deny D Table D Continue D No Action c ".~ " . ORDINANCE NO. ~ AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending numerous sections of the Zoning Code, Title 20 of the Bremerton Municipal Code relating to development standards, sign code, nonconforming uses, and administrative provisions. WHEREAS, the City Council adopted ordinance 4950 on November 30, 2005 establishing a new Zoning Code, Title 20 of the Bremerton Municipal Code; and WHEREAS, through practical use and application of the new Zoning Code the need for several minor modifications have been identified; and WHEREAS, the City of Bremerton has established a procedure for amending the Zoning Code in Title 20.18.020( d) of the Bremerton Municipal Code (BMC), which requires amendments to the Zoning Code to be both consistent with the goals and policies of the comprehensive plan and to be consistent with other city, state, and federal codes, regulations and ordinances; and WHEREAS, these minor amendments are consistent with the City's Comprehensive Plan, County Wide Planning Policies, The State Growth Management Act, and other city, state, and federal codes regulations and ordinances; and WHEREAS, on June 30, 2006 the proposed Zoning Code amendments were circulated to the State Agencies for the requisite 60-day review and comment period; and WHEREAS, on July 8, 2006 the public was notified by a legal advertisement in the Kitsap Sun of the opportunity to make comment and participate in the public hearing held by the Planning Commission; and WHEREAS, on July 18,2006 the Planning Commission conducted the public hearing on the minor Zoning Code amendments and formulated a recommendation for City Council consideration; and WHEREAS, on July 24,2006 a SEPA DNS was issued for the proposed action with an administrative appeal deadline of Aug. 4, 2006 and no appeals were filed; and WHEREAS, on Aug. 26, 2006 the public was notified by a legal advertisement in the Kitsap Sun of the opportunity to make comment and participate in the public hearing by the City Council; and WHEREAS, on Sept. 6, 2006 the City Council conducted a public hearing and considered all testimony prior to their decision; NOW, THEREFORE, I Zoning Code Amendments THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The findings and conclusions adopted by the Planning Commission attached hereto as Exhibit A are adopted and incorporated as if set forth fully herein. SECTION 2. Subsection 6.32.10 (c) of the Bremerton Municipal Code entitled "Definitions" relating to Noise Levels is hereby amended to read as follows: (c) "District" means the land-use zones to which the provisions of this chapter apply. For the purposes of this chapter, the following noise control districts shall be established, which . I dId d. d. h B . d. Ii II mc u e an use zones eSlgnate mt e remerton zomng or mance, as 0 ows: Noise Control Land Use Zones District District I SFl, SF2, SF3, CBR, DR, MF R-I0, CCR, MR District II l2G, NB, GB, SC, BC, BP, MX, PS, LPO, CC, WWRC, NCC, DCC, NB, DW, DC, LC, EC, INST, District III IP, !GI, WSCUL, FMWS, ML FC SECTION 3. Section 20.02.090 of the Bremerton Municipal Code entitled "Determination of Completeness" relating to Project Permits is hereby amended by replacing the word incomplete with the word complete as follows: (b) Failure to Notify. Failure to provide a written determination within the required time shall automatically deem the application fficomplete. SECTION 4. Subsection 20.04.210 (a) of the Bremerton Municipal Code entitled "Appeals" relating to the State Environmental Policy Act is hereby amended by clarifying the appeal period as follows: (a) The City establishes the following administrative appeal procedures under RCW 43.21C.075 and WAC 197-11-680: (1) Any agency or person may appeal the City's procedural compliance with Chapter 197 -11 WAC for issuance of the following (The appeal must be made to the Administrative Hearing Examiner within ten (l0) days ofthe date of issuance): (i) A final DNS; (ii) A OS: The appeal must be made to the Administrative Hearing Examiner ','.'ithin ten (10) days of the date the OS is issued. SECTION 5. Chapter 20040 of the Bremerton Municipal Code entitled "Definitions" is hereby amended by including the definition of "Incubator for Business" and by adding language to "Worship and Religious Facility" to read as follows: 2 Zoning Code Amendments INCUBATOR FOR BUSINESS means a facility that provides organizational, mentoring or capital support intended to accelerate the successful development of start-up companies, or imparts iob and business skills to employees or trainees. Incubated businesses make progress toward graduation to independence and relocation into permanent facilities. SECTION 6. Subsection 20.50.030 (a) of the Bremerton Municipal Code entitled "Exceptions" relating to Landscaping Standards is hereby amended to include short sub- divisions, as follows: (a) Landscaping standards do not apply to residential short sub-divisions or developments of single-family units on individual lots, except that all undeveloped areas of the property shall be landscaped and continually maintained or retained in a natural undisturbed state; SECTION 7. Figure 20.52 (a) of the Bremerton Municipal Code entitled "Freestanding Signs" relating to Sign Standards is hereby amended to read as follows: Freestanding Signs: Zone-Specific Size and Design Requi.rements4 Commercial Zones Freestanding Sign Type Max. Height Max. Sizel, 2 Commercial Corridor (CC) Monument only 8' 60 sq. ft. Wheaton Way Redev. Corr. (WWRC) Monument only 8' 60 sq. ft. Neighborhood Business (NB) Monument only 6' 48 sq. ft. Limited Commercial (LC) Monument only ~8' 100 sq. ft. Freeway Corridor (FC) Any . 35' 100 sq. ft.3 Marine Industrial (MI) Monument only 8' 100 sq. ft. Industrial Park (IP) Monument only 8' 100 sq. ft. Industrial (I) Any 25' - Downtown and Centers Zones Freestanding Sign Type Max. Height Max. Size Neighborhood Center Core (NCC) Monument only 8' 60 sq. ft. District Center Core (DCC) Monument only 8' 60 sq. ft. Downtown Core (DC) Monument only 8' 60 sq. ft. Downtown Waterfront (DW) Monument only 8' 60 sq. ft. Business Core (BC) Monument only 8' 60 sq. ft. Employment Center (EC) Monument only 8' 60 sq. ft. SECTION 8. Subsection 20.58.060 (f) entitled "Development Standards" relating to Residential Cluster Developments is hereby amended to update the references to the critical area regulations, as follows: (f) Development Standards. The following standards are applicable to a RCD: 3 Zoning Code Amendments e (1) Lot Requirements. (i) Density. The minimum and maximum density of the underlying zone shall apply. Within the low density residential (R-l 0) zone the density shall be detennined pursuant to the provisions in BMC 20.60.065, 20.60.066, and 20.60.068. For the purposes of the RCD, uribui1dab1e environmentally sensiti'.'e c11tica1 areas as defined in BMC 20.14.2&00 shall be included in the area for calculating density. A right-of-way assumption shall be deducted from the total area of the environmentally sensitive critical area. The assumed right-of-way deduction is a percentage of the total environmentally critical area equal to the percentage of the developable site devoted to rights-of way. SECTION 9. Sections 20.60.020 of the Bremerton Municipal Code entitled "Pennitted Uses" relating to Low Density Residential Development is hereby amended to add incubator for businesses as an allowed use, as follows: e 20.60.020 PERMITTED USES Only one (1) principal use shall be allowed on each residentially zoned lot unless allowed for otherwise by law. This limitation shall not include permitted accessory uses associated with a pennitted principal use. The following uses are permitted outright: (a) Cemetery; (b) Co-location of wireless telecommunication per BMC Section 20.46.140. (c) Day care facility of 12 or fewer persons receiving care; (d) Education & Schools (K-12) of 12 or fewer students; ( e) _ Foster home; (f) Group residential home; (g) Manufactured home per BMC Section 20.46.040; (h) Parks, playground and open space equal or less than 0.5 acres (21,780 square feet); (i) Single-unit dwelling unit - detached; (j) Single-unit dwelling unit - attach (Zero lot lines) per BMC Section 20.60.060(b); (k) Worship and religious facilities of 20,000 square feet gross floor area or less; (1) Incubator for Business associated with a Worship and Religious Facilitv or Communitv Facility provided the following conditions are met: (1) The Incubated Business is a use that is permitted outright in the Neighborhood Business Zone Section 20.82.020; and (2) Landscaping and signage requirements of the Neighborhood Business zone, BMC Chapter 20.82 shall be met. (3), The parcel upon which the incubated business is situated shall have frontage on an arterial street. SECTION 10. Section 20.60.040 of the Bremerton Municipal Code entitled "Conditional Uses" relating to Low Density Residential Development is hereby amended to eliminate duplication by listing senior housing complex only once, as follows: e 4 Zoning Code Amendments 20.60.040 CONDITIONAL USES. The following uses may be permitted, provided a conditional use permit is approved pursuant to BMC 20.58.020 subject to the corresponding conditions. (a) Bed and breakfast, provided: (l) The operators of the business shall occupy the house as their primary residence; (2) No more than one (1) full-time equivalent (FTE) employee who is not a resident of the dwelling may be employed; (3) No more than six (6) bedrooms are made available for rent to guests and all guest rooms are contained within the principal structure; (4) Two (2) off-street parking spaces, plus one (1) off-street parking space per each guest bedroom, are required; (5) Off-street parking spaces may be reduced, provided the applicant can demonstrate parking will not spill over into nearby residential properties and any streets; (6) Rooms shall not be made available to guests for more than fourteen (14) days during any thirty (30) day period; (7) No commercial receptions, parties, or other public gatherings, or serving of meals to nonresident guests for compensation are allowed; and (8) Any remodeling of the residential structure shall maintain the residential nature of the structure and not alter the structure in such a manner that would prevent it from being used as a residence in the future. (b) Group residential facilities - Class I, provided: (l) All state licensing requirements are satisfied; (2) The site is located on a collector or higher street; (3) Minimum setbacks, height and lot coverage of the underlying zone shall apply; (4) Off-street parking shall be at a minimum of one (l) space per each employee during the peak shift, plus one (1) space per two (2) residents the facility will provide service to; (5) If counseling services are provided to nonresidents, additional parking spaces are required at one (1) per three hundred (300) square feet of gross floor area used for counseling services; (6) The number of required off-street parking spaces may be reduced, provided the applicant can demonstrate that parking will not spill over into nearby residential properties and any streets; and (7) Landscaping is provided meeting the minimum requirements for nonresidential uses prescribed in Chapter 20.50 BMC. Additional landscaping for screening purposes may be required if it is found necessary to mitigate any impacts to adjoining residential properties. (c) satisfied. (d) Senior housing complex, provided the conditions set forth in BMC 20.46.090 are Nursing/convalescent homes, provided: (l) All state licensing requirements are satisfied; (2) The site is located on a collector or higher street; (3) Minimum site area shall be no less than one (1) acre; 5 Zoning Code Amendments (4) Minimum setbacks, height and lot coverage of the underlying zone shall apply; (5) Off-street parking shall be a minimum of one (1) space per six hundred (600) square feet of gross floor area; (6) The number of required off-street parking spaces may be reduced, provided the applicant can demonstrate that parking will not spill over into nearby residential properties and any streets; and (7) Landscaping is provided meeting the minimum requirements for nonresidential uses prescribed in Chapter 20.50 BMC. Additional landscaping for screening purposes may be required if it is found necessary to mitigate any impacts to adjoining residential properties. (e) Day care facilities (thirteen (13) or more persons receiving care), provided: (1) All state licensing requirements are satisfied; (2) The site is located on a collector or higher street; (3) Off-street parking shall be a minimum one (1) space per each five (5) children based on the state license maximum occupancy load; (4) One (1) loading/unloading space without backup is required for the first twenty (20) children and one (1) additional space for up to each, additional twenty (20) children; (5) The number of required off-street parking spaces may be reduced, provided the applicant can demonstrate that parking will not spill over into nearby residential properties and any streets; . (6) Landscaping is provided meeting the minimum requirements for nonresidential uses prescribed in Chapter 20.50 BMC. Additional landscaping for screening purposes may be required if it is found necessary to mitigate any impacts to adjoining residential properties; and (7) The maximum height of a fence or wall within a front yard setback may be increased up to six (6) feet, provided it enhances safety and security of an outdoor play area. (f) Adaptive reuse of public and semi-public buildings, provided the conditions set forth in BMC 20.46.070 are satisfied. (g) Manufactured home park or expansion of existing parks, provided: (1) It is exempt pursuant to RCW 58.17.040 from requirements for property segregation; (2) The minimum site size shall be five (5) acres; (3) Density shall meet the underlying zone; (4) Adequate water, sewer, and utility services are available to all building sites; (5) A fire protection system meeting the requirements of the City Fire Marshal is provided; (6) Interior circulation shall meet the City Engineer road standards plus the following standards: (i) All interior circulation routes shall be constructed within a tract or easement; (ii) Roads and driveways shall be paved; (iii) The City Fire Marshal and City Engineer shall approve all fire turnarounds; 6 Zoning Code Amendments ~ . . (7) The following setbacks shall apply to manufactured homes or mobile homes, together with their additions and appurtenant structures, accessory structures, and other structures on the site (excluding fences), excluding any hitch or towing fixture: (i) From interior roads at least fifteen (15) feet from centerline of the tract or easement, but in no case shall the setback be less than five (5) feet from the paved surfaced edge; (ii) Structures near the perimeter lot lines of the property shall comply with the setbacks of the underlying zone; (iii) A minimum often (10) foot separation between all manufactured homes; (8) Off-street parking spaces shall be provided in the following manner: (i) One (1) parking space per home site; plus (ii) One (1) parking space for each five (5) home sites for guest parking; plus (iii) Additional parking spaces to provide for the parking needs of offices, community buildings, recreational facilities, or other uses within the park that may be used by park residents or others; (9) Outside storage of vessels (boats), housel:lOld items and equipment is prohibited, except a common central storage area may be provided for residents of the park. The storage area shall be screened by a minimum five (5) foot high by five (5) foot wide sight- obscuring barrier consisting of landscaping and fencing or wall, and shall meet minimum setbacks of the underlying zone; (10) Ten (10) percent of the site shall be maintained as common recreational open space for the use of residents and: (i) May include community areas and facilities such as playgrounds, swimming pools, and hobby and craft shops; (ii) However, it shall not include required landscaping areas, perimeter setback areas, parking areas, storage areas, building separation areas or other areas deemed impractical by the Director for the recreational enjoyment of the residents; (11) Trees meeting the standards set forth in Chapter 20.50 BMC shall be provided along all property lines abutting a residential zone and public streets. Exceptions for trees may be allowed when a property line abuts an alley or is obstructed by a building or other structure; (12) Adequate lighting to illuminate streets, driveways, and walkways for the safe movement of pedestrians and vehicles is required; and (13) All water, sewer, electrical, and communication service lines shall be underground. (h) Worship and religious facilities greater than twenty thousand (20,000) square feet, provided: (1) The site is located on a collector or higher street; (2) The site area shall be one (1) acre or more; and (3) Landscaping is provided meeting the minimum requirements for nonresidential uses prescribed in Chapter 20.50 BMC. Additional landscaping for screening purposes may be required if it is found necessary to mitigate any impacts to adjoining residential properties. 7 Zoning Code Amendments (i) Golf course, provided: (1) A site plan review and a site development permit are approved pursuant to Chapter 20.58 BMC; (2) Through the conditional use permit, modifications to parking and landscaping may be allowed in order to facilitate good design; (3) Access to the site shall be from an arterial street or highway; and (4) Other conditions are applied as deemed necessary to mitigate impacts to nearby residential properties and ensure compatibility with the neighborhood. (j) Schools, parks and associated uses may be approved in accordance with the following: (1) The following uses are permitted through approval of a conditional use permit: (i) All public schools and associated gymnasiums and auditoriums; (ii) Private schools (K-12) with thirteen (13) or more students; (iii) Parks and playgrounds greater than one-half (112) acre; (iv) Outdoor athletic fields; (v) Boat launching and related facilities; (vi) Maintenance and service yards; 0 (vii) Bus and other vehicle and equipment maintenance and storage facilities; (viii) Administrative office related to the facilities greater than two thousand (2,000) square feet gross floor area; (ix) Buildings and structures for nonprofit groups on public lands; (2) Uses permitted pursuant to subsection (j)(I) of this section shall be subject to complying with the following conditions: (i) Front, side and rear yard setbacks of structures and outdoor storage areas shall be at least thirty (30) feet; (ii) Setbacks may be reduced for those portions of a structure fronting interior streets; (iii) The maximum height for any new construction may be increased to match the architecture of existing buildings; provided, that it is set back an additional foot from any property line for each additional foot of allowed height, and in no case shall the new construction exceed forty-five (45) feet; (iv) Landscaping is provided meeting the minimum requirements for nonresidential uses prescribed in Chapter 20.50 BMC. Additional landscaping for screening purposes may be required if it is found necessary to mitigate any impacts to adjoining residential properties; (v) Additional measures may be required if deemed necessary to mitigate any noise impacts to adjacent residential uses; and (vi) The maximum height of a fence or wall within a front yard setback may be increased to six (6) feet, provided it enhances safety and security around an outdoor play area. (k) Public utility facilities located above ground, provided: (I) Landscaping is provided meeting the minimum requirements for nonresidential uses prescribed in Chapter 20.50 BMC. Additional landscaping for screening 8 Zoning Code Amendments , ". purposes may be required if it is found necessary to mitigate any impacts to adjoining residential properties; (2) The maximum height of a fence or wall may be increased within a front yard setback that will provide screening from adjacent uses and enhance safety and security around the facility; and (3) Exceptions to setbacks may be allowed if the applicant can demonstrate that the public interest is better served by allowing the modification. (1) Law enforcement and fire facilities, provided: (I) Landscaping is provided meeting the minimum requirements for nonresidential uses prescribed in Chapter 20.50 BMC. Additional landscaping for screening purposes may be required if it is found necessary to mitigate any impacts to adjoining residential properties. (2) The maximum height of a fence or wall may be increased within a front yard setback that will provide screening from adjacent uses and enhance safety and security around the facility. (m) Neighborhood businesses, provided: (1) The use is listed as a permitted use in BMC 20.82.020; (2) The use is a preexisting use that has legally operated within the previous twelve (12) month period; and (3) The use is not expanded beyond its existing footprints. (n) Senior housing complmc, provided the conditions set forth in BMC 20.16.090 are satisfied. SECTION 11. Subsection 20.64.060 (a) ofthe Bremerton Municipal Code entitled "Lot Development Standards" relating to the Wheaton Way Redevelopment Core is hereby amended to modify the height requirement, as follows: (a) Lot development shall be in accordance with the following standards, unless allowed for otherwise by law: (1) Maximum front yard setback is five (5) feet except that front yard setback may be increased if the Director finds that such increase is necessary to accommodate pedestrian features per BMC Section 20.64.070 or equivalent. At least sixty-five percent (65%) of the building's front fa9ade must meet the maximum front yard setback; (2) Minimum side yard setback is zero from non residential zones, and thirty (30) feet from the low density residential zone; (3) Minimum rear yard setback is zero from non residential zones, and thirty (30) feet from the low density residential zone; (4) Maximum building coverage. Fifty percent (50%) unless increased per BMC Section 20.64.060(c). In no case shall maximum lot coverage exceed seventy-five percent (75%); (5) Maximum development coverage. Seventy-five percent (75%) unless increased per BMC Section 20.64.060(c). In no case shall maximum lot coverage exceed ninety- five percent (95%); 9 Zoning Code Amendments (6) Maximum height. F arty (40) feet, except that and structures within one hundred (100) feet of the Low Density Residential zone shall not exceed thirty five (35) feet three stories in height. SECTION 12. Subsection 20.79.060 (a) of the Bremerton Municipal Code entitled "Lot Development Requirements" relating to the Multiple Residential Zone is hereby amended to reference figure 20.74 (a), as follows: (a) Lot development requirements shall be in accordance with the following standards unless allowed for by law otherwise: (1) Density. (i) No maximum density; (ii) Minimum: five (5) dwelling units per acre; (2) Setbacks. (i) Minimum front yard setback: ten (10) feet; (ii) Minimum side yard setback: five (5) feet; (iii) Minimum rear yard setback: ten (10) feet; (iv) Zero (0) lot line development: an,attached single-family dwelling and/or garage structure may have a shared single side or rear lot line, and a setback reduced to zero (0), provided the structure complies with building code fire separation requirements; (3) Minimum lot area: three thousand (3,000) square feet; (4) Maximum height: fifty (50) feet Height limit is pursuant to figure 20.74 w; (5) Maximum building coverage: eighty (80) percent. SECTION 13. Section 20.82.060 of the Bremerton Municipal Code entitled "Development Standards" relating to the Neighborhood Business Zone is hereby amended to read as follows: (a) Maximum front yard setback: ten (10) feet. At least seventy-five (75) percent of a building's front facade must meet the maximum front yard setback; (b) Side yard setback: zero (0) except ten (10) feet from residential zones; (c) Rear yard setback: zero (0) except ten (10) feet from residential zones; (d) Maximum building size: non-residential usesbuildings may not exceed a footprint of five thousand (5,000) gross square feet at ground level; (e) Maximum building coverage: eighty-five (85) percent; (f) Maximum development coverage: eighty-five (85) percent; (g) Maximum building height: thirty-five (35) feet; (h) Maximum building heights within the downtown regional center are pursuant to Figure 20.74(a), and shall supersede subsection (g) of this section; (i) Outdoor storage of any kind shall be prohibited, except for refuse and recycling containers, which shall meet the standards set forth in Chapter 20.46 BMC. 10 Zoning Code Amendments SECTION 14. Section 20.84.060 of the Bremerton Municipal Code entitled "Development Standards" relating to the Limited Commercial Zone is hereby amended to read as follows: 20.84.060 DEVELOPMENT STANDARDS. (a) Maximum front yard setback: ten (10) feet. At least seventy-five (75) percent of a building's front facade must meet the maximum front yard setback. (b) Minimum side yard setback: zero (0) except ten (10) feet from residential zones and the upper level setback requirements contained in BMC 20.84.070. (c) Minimum rear yard setback: zero (0) except ten (10) feet from residential zones and the requirements contained in BMC 20.84.070. (d) Maximum building size: non-residential uses may not exceed fifteen thousand (15,000) gross square feet at ground level. (e) No maximum building coverage, provided all setbacks and landscaping standards are met. (t) No maximum development coverage, provided all setbacks and landscaping standards are met. (g) Maximum building height: fifty (50) feet. (h) Maximum building heights within the downtown regional center are pursuant to Figure 20.74(a), and shall supersede subsection (g) of this section. (i) Maximum density of secondary residential uses: ten (10) units per acre. SECTION 15. Severability. If anyone or more sections, sub-sections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 16. Effective Date. This Ordinance shall take effect and be in force ten (10) days from and after the date of passage 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 11 Zoning Code Amendments ATTEST: APPROVED AS TO FORM: P AULA JOHNSTON, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the EFFECTIVE the ORDINANCE NO. day of day of ,2006 ,2006 R:\Legal\Legal\Ordinances\Community Development\2006 Zoning Code amendments.doc 12 Zoning Code Amendments Exhibit A FINDINGS AND CONCLUSIONS OF THE CITY OF BREMERTON PLANNING COMMISSION Summary - Since the adoption of the new Zoning Code on November 30, 2005 the need for several minor amendments have been identified through day to day use and application of the code. BMC chapter 20.18 "Text Amendments" directs staff to bring amendments that result in any substantive change of content or meaning to a public hearing by the Planning Commission and then City Council for review and adoption. Planning Commission conducted a hearing on July 18, 2006 and made a recommendation to approve 12 amendments to the Zoning Code. Changes include modification to project permit requirements, clarification for the State Environmental Policy Act, and minor changes to development standards. I. FINDINGS OF FACT 1. Project Description Minor modifications to the zoning code are proposed in different sections of the code. The proposed amendments include modification to project permit requirements, clarification for the State Environmental Policy Act, and minor changes to development standards. 2. Procedural History 2.1 June 30, 2006 sent CTED notification 2.2 July 8, 2006 Notice of Public Hearing 2.3 July 18, 2006 Planning Commission Public Hearing 2.4 July 24,2006 Issuance of SEPA DNS 3. Public Comment 3.1 Individuals providing verbal testimony at Planning Commission public hearing: a. Pastor Larry Robertson of Emmanuel Apostolic Church 4. SEPA Determination SEPA determination on this will be completed following the comment period which will end on Aug. 7,2006. Staff anticipates a Determination of Non-Significance (DNS). 5. Consistency Amendments to the Zoning Code Zoning Code text amendments shall meet the decision criteria outlined in BMC 20.18.020 (d). The Planning Commission may recommend, and the City Council may adopt or adopt with modifications, an amendment to the Zoning Code text if the criteria outlined below are met. 20.18.020 (d) (1) allows amendments to the Comprehensive Plan if it is consistent with the goals and policies of the Comprehensive Plan. Exhibit A . The amendments are very minor and uphold the objectives and goals of Comprehensive Plan. These amendments do not change the intent or purpose of the zoning code, which was significantly modified in November 2005 to become consistent with the Comprehensive Plan. 20.18.020 allows amendments to the Comprehensive Plan if it does not conflict with other City, state and federal codes, regulations and ordinances. . The amendments to the Zoning Code do not conflict with any other regulations. II. CONCLUSIONS & RECOMMENDATION Based on the findings above, Planning Commission concludes that The Zoning Code amendments meet the requirements in BMC 20.18.020, text amendments to the Zoning Code and therefore recommends the adoption of the amendments to the Zoning Code. Respectfully submitted by: Executive Secretary Approved by: John Cockburn, Chair DEPARTMENT OF COMMUNITY DEVELOPMENT MEMORANDUM To: City Council From: Nicole Ward, City Planner Date: Sept. 15, 2006 Subject: Minor Zoning Code Amendments SUMMARY Since the adoption of the new Zoning Code on November 30,2005 the need for several minor amendments have been identified from the day to day use and application of the code. BMC chapter 20.18 "Text Amendments" directs staff to bring amendments that result in any substantive change of content or meaning to a public hearing by the Planning Commission and then City Council for review and adoption. Planning Commission conducted a hearing on July 18, 2006 and made a recommendation to approve 12 amendments to the Zoning Code. Changes include modification to project permit requirements, clarification for the State Environmental Policy Act, and minor changes to development standards. Following this memo in Attachment I is an amendment narrative which contains a summary of the proposed change and the text of the actual section of code with changes highlighted in yellow and in legislative markup format (with underlined text denoting additions and strikoout indicating deletions). Each amendment is numbered and separated by a double line. OPTIONS . Adopt the changes proposed by Planning Commission in Attachment I . Adopt the Planning Commission's recommended changes to the Zoning Code with modifications. . Deny the Planning Commission's recommend changes to the Zoning Code. ATTACHMENTS . Attachment I - Narrative of Planning Commission recommended changes . Attachment II - Planning Commission meeting minutes Attachment I Narrative of Proposed Zoning Code Amendments 1) Amendment Description Update BMC 6.32.010 (c) to include the correct land use zones. Title 6 addresses "Health and Sanitation" and was not changed during the update of the Zoning Code and therefore contains outdated Land Use Zones. Proposed Amendment 6.32.010 DEFINITIONS. (c) "District" means the land-use zones to which the provisions of this chapter apply. For the purposes of this chapter, the following noise control districts shall be established, which include land use zones designated in the Bremerton zoning ordinance, as follows: Noise Control District District I Land Use Zones District II $~J{,~Ag~!;~~:e~.:,.~,~~'f&;r;:[)f&;:M~iiR?1iO;:jl:~.61R.J:}~l~ '~;;,'\'j:.:~~.66iw.w.ae;1j;N.6e~ifB'6ie; District III IN Ip,i@I;.:.\~$'e(ijI.l,:.....~w.sJ."'roi/';iiF.e 2) Amendment Description Amend 20.02.090 (b) by changing the word incomplete to complete. RCW 36.70B.070 requires all local jurisdictions to deem applications complete if the local government does not provide a written determination to the applicant within 28 days. This typo needs to be corrected to be consistent with the RCW. Proposed Amendment 20.02.090 DETERMINATION OF COMPLETENESS. (b) Failure to Notify. Failure to provide a w...........ritten determination within the required time , \t.::,;::,'>,:::>>T'>-'._ --'<-_":/.):/~_"~~, shall automatically deem the application ffi&P.r!m~'.~J.~f 1 Attachment I 3) Amendment Description 20.04.210 (a) needs minor modification to show that both a Determination of Significance (DS) and a Determination of Non-Significance (DNS) both require an appeal period of 10 days. Currently the code does not define the length of appeal period for a DNS. Proposed Amendment 20.04.210 APPEALS. (a) The City establishes the following administrative appeal procedures under RCW 43.21 C.075 and WAC 197-11-680: (1) Any agency or person may appeal the9itx':,~roS~~H~~.IS.~p;pl.i..~.~c;~~i.~,~~h.~pt~r 197 -11 WAC for issuance of the ~~IIQ~i~g.(;f~e;ap~e'aIJthList(\be.!.th~t:re:;tdF.the A(jmi'n.'istl:atl~eicHHea'rimq:I6.~ath'iHerrwi16in~lem;!(1'tj~:ld.a'ysii(){th'e"oate'j0fissu~'n~e~s (i) A final DNS; (ii) ADS: (2) For any appeal under this section, the City shall provide for a record that shall consist of the following: (i) Findings and conclusions; (ii) Testimony under oath; and (iii) A taped or written transcript. (3) The procedural determination by the City's responsible official shall carry substantial weight in any appeal proceeding. 4) Amendment Description Amend 20.50.030 Landscaping, so that large subdivisions are not exempt from landscaping requirements. Although single family homes should and will remain exempt from landscaping requirements large subdivisions should be required to provide street trees and landscaped areas. Proposed Amendment 20.50.030 EXCEPTIONS. (a) Landscaping standards do not apply to residential sH()rt.lsl.lH;tH\tlsi6I1s~:'&t developments of single-family units on individual lots, except that all undeveloped areas of the property shall be landscaped and continually maintained or retained in a natural undisturbed state; 2 Attachment I 5) Amendment Description Figure 20.52 Freestanding Signs has a typo and needs correction. The Limited Commercial zone allows for 25' tall monument signs while all other zones only allow for an 8' tall monument sign. A 25' monument sign is much too large and should be changed to 8' to match that of the other zones. Proposed Amendment Freestanding Signs: Zone-Specific Size and Design Requirements4 Commercial Zones Freestanding Sign Max. Max. Size1, Type Height 2 Commercial Corridor (CC) Monument only 8' 60 sq. ft. Wheaton Way Redev. Corr. Monument only 8' 60 ft. (WWRC) sq. Neighborhood Business (NB) Monument only 6' 48 sq. ft. "c:':: :_:" .;', ': "",:;;."" '~_'_ '_//'" __:-":. :':':-:,; -~, :-'::'::,:':':::::~r_: :",'. --:{ ~'::'::';':;:~::i"" ~:::' :}:'>'.':::""" -"!?"'- '"',' ::' "<'-":"":':''-- MQi-tgrn~n!:~,8!~ ~~i 1~'~tI;sqIr~f1~ blmjl~,~",,~Q.mBJ..~.tgi9l.I;(~~)) Freeway Corridor (FC) Any 35' 100 sq. ft. 3 Marine Industrial (MI) Monument only 8' 100 sq. ft. Industrial Park (IP) Monument only 8' 100 sq. ft. Industrial (I) Any 25' - Downtown and Centers Zones Freestanding Sign Type Max. Height Max. Size Neighborhood Center Core (NCC) Monument only 8' 60 sq. ft. District Center Core (DCC) Monument only 8' 60 sq. ft. Downtown Core (DC) Monument only 8' 60 sq. ft. Downtown Waterfront (OW) Monument only 8' 60 sq. ft. Business Core (BC) Monument only 8' 60 sq. ft. Employment Center (EC) Monument only 8' 60 sq. ft. 3 Attachment I 6) Amendment Description 20.58.060 (f) (1) (i) references the definition section of the Critical Area regulations however the reference is wrong and needs to be corrected. Additionally the terminology "Sensitive Areas" needs to be updated to the new language "Critical Area". Proposed Amendment 20.58.060 RESIDENTIAL CLUSTER DEVELOPMENT. (f) Development Standards. The following standards are applicable to a RCD: (1) Lot Requirements. (i) Density. The minimum and maximum density of the underlying zone shall apply. Within the low density residential (R-10) zone the density shall be determined pursuant to the provisions in BMC 20.60.065'~~'E3g:0E3E3' ~p~ ~O:.E3q'~.E3~..F9r the purposes of the Rqp,tl~p~ildable gD~.irQDmQQ!g!ly ~Q6clti~~p:.critical areas as defined in BMC gg~1)~i::,g&~~ shall be included in the area for calculating density. ~'ii.rii9n~~8!;'f'~X....,~~~.~TP~i8.Q'~iDal!Iiibe deducted from the total area of the :QH\,/i[Ql1gjQr'1tciH*~'~QQ~I!i&:~."GHtieal area. The assumed right-of-way deduction is a percentage of the total environmentally critical area equal to the percentage of the developable site devoted to rights-of way. (ii) Minimum Lot Size. The minimum lot area is: (A) Three thousand (3,000) square feet within the low density residential (R-10) zone. Reductions to the lot size may be allowed if an environmentally sensitive area is located on the property and the reduction is the minimum necessary to comply with the minimum density requirements set forth in subsection (f)(1 )(i) of this section. (B) Zero (0) within other zones. (2) Height. The maximum building height of the underlying zone may be increased, provided the height of buildings are compatible with the scale of the surrounding neighborhood, do not adversely affect existing scenic views, and ensure a reasonable balance of light and shadow on adjacent properties. Increased setbacks and location of structures may be used to ensure compatibility. (3) Other Standards. Exceptions may be granted to the underlying zone development standards such as setbacks, lot area, building coverage, and development coverage as prescribed in subsection (e)(1) of this section. (4) Perimeter Setbacks. Structures shall comply with the setbacks of the underlying zone along the outer perimeter lot lines of the site. (5) Circulation. (i) All streets within the development and rights-of-way shall be designed and constructed in accordance with the City street standards pursuant to BMC Title 11. Private streets shall be located on road tracts at least twenty (20) feet wide. 4 Attachment I (ii) Provisions shall be made for a fUnctional pedestrian circulation system that assures the safe movement of pedestrians both on the site and between nearby properties and activities. (iii) All streets and parking areas shall contribute to the overall aesthetic design of the project while minimizing traffic congestion and the amount of impervious surface area. (iv) The provision for adequate parking, loading, access and circulation facilities within the RCD shall be those contained in the parking requirements as set forth in Chapter 20.48 BMC. The Director may modify these standards to best meet needs and objectives of the project, provided parking will not spill over into nearby neighborhoods. (6) Screening. All utility facilities, loading areas, trash containers, and outdoor storage areas shall be screened from surrounding properties. Solid fences, walls, and blank walls of buildings shall be softened through the use of trees and/or other landscaping materials if their impact cannot be minimized through architectural design or orientation. (7) Open Space. (i) Open Space Designation. The remaining land not developed for a use shall be dedicated as open space. Open space areas shall be located on a separate tract or tracts and shall be developed for recreational uses or set aside to preserve environmentally sensitive areas. Open space shall not include land for streets, driveways, parking or other infrastructure improvements. (ii) Development. Facilities and other improvements that enhance recreational use may be located in an open space. A single residential detached dwelling may be allowed within an open space tract if the open space contains an environmentally sensitive area and development complies with all other requirements. (iii) Open Space Plan. An open space plan is required to identify all improvements, environmentally sensitive areas, significant trees pursuant to Chapter 20.50 BMC and other vegetation to be preserved. A management plan outlining maintenance responsibility shall be included as part of the plan. (iv) Guarantee. A legal instrument approved by the City and recorded with the County Auditor, which shall include a notice on the title referencing the legal instrument, is required. The legal instrument may include, but is not limited to, the following guarantees: (A) Retention of the open space per the open space plan prescribed in subsection (f)(7)(iii) of this section; (B) Provision of permanent maintenance of the open space and commonly owned facilities; (C) Grants to or reservations for the use of property owners of all open space and commonly owned facilities within the development; (D) Conveyances to property owner associations or corporations. 5 Attachment I 7) Amendment Description 20.60.040 lists allowed uses within the R-10 zone. "Senior Housing Complex" has been listed twice. Duplication of senior housing complex within the list is not necessary; therefore the last entry should be deleted. Proposed Amendment 20.60.040 CONDITIONAL USES. The following uses may be permitted, provided a conditional use permit is approved pursuant to BMC 20.58.020 subject to the corresponding conditions [note to the reader: the entire BMC 20.60.060 is not shown here. The criteria associated with each use are not shown so that the duplication stands out clearly. (a) Bed and breakfast, (b) Group residential facilities - Class I, (c) Senior housing complex, (d) Nursing/convalescent homes, (e) Day care facilities (thirteen (13) or more persons receiving care), (f) Adaptive reuse of public and semi-public buildings, (g) Manufactured home park or expansion of existing parks, (h) Worship and religious facilities greater than twenty thousand (20,000) square feet, (i) Golf course, U) Schools, parks and associated uses, (k) Public utility facilities located above ground, (I) Law enforcement and fire facilities, Jrn). N~i~~b()rho()d bu~illesses! ~f(crfS~nio.'r'.nottsing{cOro'~jf)x;;;:gr:o:;IHQClI:1ti~;concfjfion$.:~i(5f'f6ah;.ll'fi'BMC;2()i~4T6 :090';5[9.. ,""., ~':,:::,,:, ..:<';' '~':::""t;"':+~/:,'.&;).(: - -:'__ .-,::::-:_},:,- - -- -.--'_ - ,. -,-._._ ,- ,,-,_._x_ ,,-.___,--,'.'-,-,",_,_,' _'P'::"<_"_"-'_~<<___',:;:: :;':':""_".-',",".:":':"'.: ~"~,,,,';,:,~,::,:::,'''.'~'''> ,-,':,"-',:,.,,-.<< ,_,.';;'",'_',_ " ._-_'.,:. .00-'.,_'--, :,' _,_,.___ ,-,__ """_'_ ,:"'::,,",",'.' ,"';.' ",_ ,_,,_ _,_ ,': .-'-'.' ".'."'" __..: '."".'.'. " . '.' "__"'.:. '.','.,co ','..', ,'"., '," ,co':.'" ,,". ~~ti~fiOq; 8) Amendment Description Modify the Wheaton Way Redevelopment Core zone, 20.64.060 (a) (6), by simplifying the building height requirements. Currently the height limit is 40' except areas within 100' of a residential zone where the height limit is 35'. The intent of this provision is to help minimize the visual impact of commercial development on the neighboring residential zone. Unfortunately this provision has lead to three story buildings with flat roofs, which does no achieve the intent of the code. Staff believes that by allowing the whole zone to have a 40' height limit and limiting the areas within 100' of a residential zone to three stories projects will be more inclined to utilize a variety or architectural 6 Attachment I features and pitched roofs so that the development will be more compatible with the neighboring residential zone. There is a current proposal for a three story assisted living facility within this area. The developer would like to have a pitched roof with architectural features however they are currently limited to a flat roof. This amendment would allow this project to better match the surrounding residential neighborhood without allowing an additional story of height. Staff believes this amendment will achieve a better transition from residential to commercial than what is currently in the code. Proposed Amendment 20.64.060 DEVELOPMENT STANDARDS. (a) Lot development shall be in accordance with the following standards, unless allowed for otherwise by law: (1) Maximum front yard setback is five (5) feet except that front yard setback may be increased if the Director finds that such increase is necessary to accommodate pedestrian features per BMC Section 20.64.070 or equivalent. At least sixty-five percent (65%) of the building's front fac;ade must meet the maximum front yard setback; (2) Minimum side yard setback is zero from non residential zones, and thirty (30) feet from the low density residential zone; (3) Minimum rear yard setback is zero from non residential zones, and thirty (30) feet from the low density residential zone; (4) Maximum building coverage. Fifty percent (50%) unless increased per BMC Section 20.64.060(c). In no case shall maximum lot coverage exceed seventy- five percent (75%); (5) Maximum development coverage. Seventy-five percent (75%) unless increased per BMC Section 20.64.060(c). In no case shall maximum lot coverage exceed ninety-five percent (95%);,/:"/..:,,,.. (6) Maximum height. Forty (40) feet, ;e*ggptth~t).an(;j structur~.~~ithin ()ne~~~dr~8(1g9}f~et of the Low Density Residential zone shall not exceed mirty.~iY9 (~:~')/fQ.g~three,stories in height. . 9) Amendment Description Update the text within the Multiple Residential Zone, 20.79.060 (a) (4), to reflect the adopted heights shown in figure 20.74 (a) Proposed Amendment 20.79.060 DEVELOPMENT STANDARDS. (a) Lot development requirements shall be in accordance with the following standards unless allowed for by law otherwise: (1) Density. (i) No maximum density; 7 Attachment I (ii) Minimum: five (5) dwelling lInits per acre; (2) Setbacks. (i) Minimum front yard setback: ten (10) feet; (ii) Minimum side yard setback: five (5) feet; (iii) Minimum rear yard setback: ten (10) feet; (iv) Zero (0) lot line development: an attached single-family dwelling and/or garage structure may have a shared single side or rear lot line, and a setback reduced to zero (0), provided the structure complies with building code fire separation requirements; (3) Minimum lot area:..threl3..tho~~an~(8'898)~8.H9.~.~..!~I3~; (4) Maximu m height: f@i(qQ)JQQt,Heiql1f:mnHisa)ursua~tlt6~IQut~:20;J74.:Y:a~~ (5) Maximum building coverage: eighty (80) percent. 10) Amendment Description Modify the development standards of 20.82.060 (d) Neighborhood Business to clarify the maximum building size. The intent of the zone is to keep non-residential uses to a small scale while promoting mixed use. The code limits all building footprints to 5,000 gross square feet at ground level regardless of the size of lot or use proposed. This should be changed to require a maximum of 5,000 gross square feet of non-residential uses at ground level. This would continue to limit the size of the commercial units, but would encourage mixed use development and higher densities within the zone. Proposed Amendment 20.82.060 DEVELOPMENT STANDARDS. Lot development requirements shall be in accordance with the following standards unless allowed for by law otherwise: (a) Maximum front yard setback: ten (10) feet. At least seventy-five (75) percent of a building's front facade must meet the maximum front yard setback; (b) Side yard setback: zero (0) except ten (10) feet from residential zones; (c) Rear yard setback: zero (0) except ten (10) feet from residential zones; ':5\~::',t::'/:}\::::::::::'::~:'?:'; ,- :', ~-:" ". "./ '------':;::::-'.; -, :ft-- -'. .:-_".:: :{?I;-<'-:-::-'~ - ->~,::,: "",~&",,,,..,~~tc _'::"t~,. (d) Maximum building size: nbn+rEfsidentiaJJusespgI19.Ii'1g~ may not exceed a footprint of five thousand (5,000) gross square feet at ground level; (e) Maximum building coverage: eighty-five (85) percent; (f) Maximum development coverage: eighty-five (85) percent; (g) Maximum building height: thirty-five (35) feet; 8 Attachment I (h) Maximum building heights within the downtown regional center are pursuant to Figure 20.74(a), and shall supersede subsection (g) of this section; (i) Outdoor storage of any kind shall be prohibited, except for refuse and recycling containers, which shall meet the standards set forth in Chapter 20.46 BMC. (Ord. 4950 9 8 (Exh. A) (part), 2005) 11) Amendment Description 20.84.060 Limited Commercial should have the maximum density requirement for secondary residential uses removed because it is unnecessarily restrictive. This change would only affect the residential uses that are secondary to the limited commercial uses. This zone is intended to have mixed use buildings with higher densities than that of the R-10 zone. Lot coverage, allowable building coverage, and height restriction will remain intact and will limit density appropriately. The additional requirement to limit density to 10 units per acre inhibits the zone from achieving its intended purpose because it is overly restrictive. Also 20.84.060 (d) should be changed to so that the ground level building footprint requirements only apply to non-residential uses. The intent of the zone is to have limited commercial uses while promoting mixed use buildings. Proposed Amendment 20.84.060 DEVELOPMENT STANDARDS. (a) Maximum front yard setback: ten (10) feet. At least seventy-five (75) percent of a building's front facade must meet the maximum front yard setback. (b) Minimum side yard setback: zero (0) except ten (10) feet from residential zones and the upper level setback requirements contained in BMC 20.84.070. (c) Minimum rear yard setback: zero (0) except ten (10) feet from residential zones and the requirements contained in BMC 20.84.070. (d) Maximum building size:n0'ri~tesTaeH'Hclj'tiu$gSWh1~\V'n0t,ex~eeCi fifteen thousand (15,000) gross square feet at ground level. (e) No maximum building coverage, provided all setbacks and landscaping standards are met. (f) No maximum development coverage, provided all setbacks and landscaping standards are met. (g) Maximum building height: fifty (50) feet. 9 Attachment I (h) Maximum building heights within the downtown regional center are pursuant to Figure 20.74(a), and shall supersede subsection (g) of this section. ,ej5:'rvt~~i'rnUm,+a,QiD$i~yiQf:$~~"QO~gf};,;~~~!~J~'ntigi'i:~$~~~;"f9D;t~'Q}igQn~;;RgG::q~~g~ (Ord. 4950 ~ 8 (Exh. A) (part), 2005) 12) Amendment Description The City Council adopted the zoning code on November 30, 2005 and during the public hearing the Council received testimony regarding the need for religious facilities to foster "incubated businesses." An amendment to the code was not made on the floor that evening; rather they directed staff to develop a code provision that would allow these uses. Staff has researched the topic and proposes the following amendment for the zoning code text. Add incubator for business as an allowed accessory use for Worship and Religious facilities and Community Facility in the R-10 zone 20.60.020. This will permit small- scale businesses, such as those that are allowed in the Neighborhood Business Zone, to locate within the R-10 district when they are in association with a religious facility. The intent is to help small start-up businesses get onto their feet and to promote the economic success of small businesses in Bremerton. Proposed Amendment 20.42 - DEFINITIONS ;;y-t'-\Y"- ':'::':):":_':"":::'q~,,' :~. '_CO:_'_'_'-_' '--::---' -, ,- '.-: ",-J,' ,-,:", ":, -'<:::r';--:::"'~-~ ,i'-';;'_" < - ,-".-:",'-";:':'~-".":::' ,'.. ,>-----"-v.., 'l\.."" . ,t?- ,: ',,-::_ ::_I::-:_:-:'- ",:::_-!:~"::;"::"'/::,,):;:.!.""'-' '-";'<r\':: ,:' -:--- ':::::::_:-::?:'-:,: :---,:.:- :,:;F ~:\(::T:i<:':'-,,:}""< :::,::_:-:_?(<~:::::;.::::::':::;::p:::{::-:":';;~-: :"(:.;t:::Jii""':::f~~:::n::\J';;~':':"?:,:::::?::::;,:,,,,':..,:-':":",:,,;:::::,':,::: ':,,\,:\' -,',: :::::{::" ',:,(:-t-' 1.~C:lJE3.~T;~.~..~9.~cE3lJ~I.f\J 1?5.~;;rT1ea.r;1~a'facilit*\tnat'J:)r()~i.a~~....orqClni:ZClti()nal~,rrTletlt0til1lq '~r\~.~'~i..t~I,!~~pp~~ri~!'~'~'~.~~i;!~~~~~I~.~~!~\ll"\~i;~'~.'~~~~'~r~I..i,~~~~IOPi11~nt~.:~!:;~t~~,~cl,8 '~8.i11...~..~..~.i~~,:".~.~ii.~.~~'~~)i~.~i:'Clb~\~'Y'~~,~~~s\~.~ill~rt~E~..~"~I()~~~~r8c;~~~i~e~.$~'.n:I:~'~~.~~'t~~ ..~~.~in~~~~~I~~ke~~~Qqries'sjowar(fqraduafj0n't6ninde~erl'<:Jerlee::aHdIJrelecatidri'irito he'rmaneht..fa'cil ities,\ 20.60.020 PERMITTED USES Only one (1) principal use shall be allowed on each residentially zoned lot unless allowed for otherwise by law. This limitation shall not include permitted accessory uses associated with a permitted principal use. The following uses are permitted outright: (a) Cemetery; (b) Co-location of wireless telecommunication per BMC Section 20.46.140. (c) Day care facility of 12 or fewer persons receiving care; (d) Education & Schools (K-12) of 12 or fewer students; (e) Foster home; (f) Group residential home; (g) Manufactured home per BMC Section 20.46.040; 10 Attachment I (h) Parks, playground and open space equal or less than 0.5 acres (21,780 square feet); (i) Single-unit dwelling unit - detached; U) Single-unit dwelling unit - attach (Zero lot lines) per BMC Section 20.60.060(b); (k) Worship and religious facilities of 20,000 square feet gross floor area or less; (Dtc;!!j~?~.'~~~'~ft)!~r.j~u~in~~S)..Cl~~~ql~t'~(j)'~it.~~~'~e~sffliB'~~~~~~:ri8'i8m~'f:Racili'tv;i)loSt G&rnrnilinff i;!f7aCilif "r0Vldea!,tffieJc>llowin" icOnaitiens'are1!mefl' "lleXIncuBafed:IBl1lsihess]!,staIUsefCtnat's'!'\"errnlfte(j'o'lfttrl'WHiH'ffl'e Nelg'RB~rR'OOai.~~isir1~ss'1:z8n)e"... ...... ...... ..... ?Q'.~2"02'Oli'alj'W ~~:)i;i!1Ii;~.~t~~'~:~~~i~Q.E~T:di!~'ig~a9~;'5~9ui~~1:rf~~t~!~!i~~~'~'~i~'t1f)orffo~B Bu'siness)zone:;t)IBMCiGhapter;,20;8Qi;shaII16e~I;ri'et$ <:";'''''-::'-'~)),:}i,~rt:::'.-.._<,:,<,,:::<:::.>>:/:::, ':0,- ':::(:,:"/:''?'i'' '. ':- '_ __:,_-_.:- :::'-- __::-: - -<: ---,::,'::--::: .::::,-: -:--":-,:' --\.i.:': ::':':\'-:':'f":":'::.H'--:-'_,.' ,-",,"C. >\"",\ <::, ':"(::' >;,.):C-'''':"":: -:':<',' ,--..." --...,::)__:..:-. 'Y:."::'::::.:'("::';'}.': .' ::: "Y?,::C:'" ::\-:/":'.',::..:":P" /" :.'''-7:'-i'''"'''~'\'C:,,.: '.::';:;:: ~9}i"!;I";?li'fie,,""iQ'cLJli>ate.d,jl:)i.Jsiness.snalliiha&ie;ff()r:1taEle.6n;.am,a f'tetialz,street;' 11 Attachment II Minutes for City of Bremerton Planning Commission Regular Meeting July 18, 2006 I. Call to Order The meeting was called to order by Chairman Cockburn at 5:30 p.m. II. Roll Call Those present were: Chairman Cockburn, Commissioner Friedberg-Nerf, Commissioner Kennedy, Commissioner Hoell, and Commissioner Streissguth. Quorum certified. Also present: Chris Hugo, Andrea Spencer, Nicole Ward, and Pam Ransier (DCD staff). III. Approval of Agenda Commissioner Cockburn introduced the agenda. It was agreed by general consensus to approve the agenda as presented. IV. Approval of Minutes The minutes of the Regular Meeting held on June 20, 2006 were presented for approval by Commissioner Cockburn. A motion was made by Commissioner Friedberg-Nerf and seconded by Commissioner Hoell to approve the Regular Meeting Minutes of June 20, 2006, as presented. Called for a vote: Commissioner Friedberg-Nerf: Yes; Commissioner Hoell: Yes; Commissioner Kennedy: Yes; Commissioner Streissguth: Abstain; Chairman Cockburn: Yes. The motion carried. V. Public Meeting A. Call To The Public (public comments on any item not on tonight's agenda). Commissioner Cockburn asked if there were any comments from citizens. Andy Shoos, 524 Juniper Street: "Basically, I'm here because I want to build a garage. I'm an automotive enthusiast that wants to build a garage on my property and, from what I understand, as of November 2005 or December 2005, talking to Mr. Hugo, things have been changed in the development standards of, basically, paragraph 20-60-060. I have more than - the garage that I want to build is bigger than the garage that I am able to build and I'd like to, basically, see if we can get that changed. I don't necessarily want to go huge; I don't want to go bigger than my house. I just would like to see - on that Planning Commission Meeting July 18, 2006 Page 1 of 5 Attachment II paragraph C, section 1, 'The maximum garage, carport, attached or detached area, shall be 500 square feet of gross floor area plus 10% of gross floor area of the principle residence used, provided the carport does not exceed 1,000 square feet." Well, by the ruling here, the way my garage can be built is 525 square feet because my house is 1,056 square feet. I live on, basically, .22 acres which is approximately 14,000 so I'm not covering anything. I'm not necessarily asking for approval, I'm just asking that we address this and re-look at this. I want to, basically, see if I can get a bigger garage. I mean, there's other enthusiasts out there. Talking to my councilman, Brad Gehring, he said he's in the same boat. He'd like to actually build a larger garage. I don't want to see, you know, blue tarp cities all over Bremerton. I drive around Bremerton - you see it right now. I don't own junk; I'd drive anyone of my cars to California today, but I happen to own two convertibles that, you know, Washington weather's kind of hard on and, basically, I'd like to store them inside. But, also, I'd like to store inside my daily drivers and stuff to that nature so I'm just looking to have, maybe, somebody take attention to that section of this and see if we can possibly do something about it. That's all I'm asking." Commissioner Cockburn asked if there were any further comments from citizens. Seeing none, he closed this portion of the meeting. B. Public Hearin!!:: 1. Minor Amendments to the Zoning Code: Nicole Ward, City Planner, began the staff presentation on the amendments to the Zoning Code with a summarization. A detailed description of the proposed amendments had been distributed to the commissioners prior to the meeting. Chairman Cockburn opened the Public Hearing and asked if there were any comments from citizens. Seeing none, he closed this portion of the meeting. Commissioner Streissguth asked for additional clarification regarding incubator businesses and the thought behind having only non-profit organizations and religious facilities able to utilize this function. Chris Hugo, Director of Community Development, explained that this amendment affects the R-IO (residential) zone where churches are an outright permitted use. Andrea Spencer, Planning Manager, further explained that the definition of "community facility" encompasses the intent of the amendment. Chris suggested adding a third condition of the amendment to read: "20.60.060(1)(3) The Incubator Business shall have frontage on an arterial street." Commissioner Streissguth expressed concerned about the length of time an incubator business would be allowed to remain in a church or community facility. [During this time, Pastor Larry Robertson (Emmanuel Apostolic Church, 6th Street) entered the meeting chambers.] Chairman Cockburn reopened the Public Hearing portion of the meeting and asked if there were any comments from citizens. Planning Commission Meeting July 18, 2006 Page 2 of 5 Attachment II Pastor Larry Robertson, Emmanuel Apostolic Church, 6th Street: "What I'd really like to do is to maintain the kind of zoning that we had so that when we got ready to do things we wouldn't always have to come down and get Conditional Use Permits, [etc.]. That's what I really would like to do. What we propose to do, and what we have always done in the communities, economic development, and causing people to become independent and things like that. Incubators in the works: a beauty salon, as you mentioned. We already have a book store that operates out of [the church facility]. We have a daycare that also operates on that property. So, what we're trying to do is just not to have - what we'd not like to do is have our hands tied. You mayor may not know that this property across the street from us is commercial. You mayor may not know that the property just up against us is commercial. You mayor may not know that there's no one living in those houses there; all that property is designated to accommodate ministry and training and so forth; we're not renting any of our properties out for homes, on 6th Street or on 5th Street; we have property on 5th Street as well. We just don't want to have to run down and do - when we do ministry and we're going to do nothing wild, we're not trying to raise rattlesnakes, you know, do that type of thing. We just want to do what we've always done for 28 years. [We've] been good neighbors and allowed people to grow and to become independent. So, bottom line: incubators give people the opportunity to have businesses that could be involved with CP As, lawyers, in one spot and business plans and that type of thing. We're also looking to collaborate with Olympic College and other entities like that so that our people can have just good businesses and be good neighbors, pay good taxes - all of that." Commissioner Streissguth asked Pastor Robertson what the church envisioned an incubator business to be. Pastor Robertson explained that the church is not interested in maintaining long-term businesses to be run from th~ church facilities but the church understands that, to be financially successful, people need guidance with business plans, demographic surveys, access to resources, etc. and an incubator business would provide that type of guidance. Chairman Cockburn and Commissioner Hoell commented that they were not in favor of putting a definite time period for the incubator businesses before they have to relocate because of the varying times needed for a business to be ready to launch. Chris added that a time requirement could not be administered. Chairman Cockburn closed the Public Hearing portion of the meeting. Chris suggested providing a definition for Incubator for Business: A facility that provides organizational, mentoring, or capital support intended to accelerate the successful development of start-up companies, or imparts job and business skills to employees or trainees. Incubated businesses make progress toward graduation to independence and relocation into permanent facilities. Commissioner Streissguth asked if there should be a provision reference to the BMC in Amendment 7. Andrea explained that it will be included in the final copy but was omitted in the draft copy for easier reading.. Planning Commission Meeting July 18, 2006 Page 3 of 5 Attachment II A motion was made by Commissioner Friedberg-Nerf and seconded by Commissioner Hoell to recommend that the City Council adopt the amendments 1 - 12 to the Zoning Code as shown in Attachment I and presented by staff with the following changes: Replace the second reference to "environmentally sensitive" with "Critical" in Amendment 6 to; use revised language in Amendment 8 and correct the spelling of "gentle"; change the definition of "Incubator Business" to "Incubator for Business: A facility that provides organizational, mentoring, or capital support intended to accelerate the successful development of start-up companies, or imparts job and business skills to employees or trainees. Incubated businesses make progress toward graduation to independence and relocation into permanentfacilities."; and add ~20.60.020(1)(3), "Shall have frontage on an arterial street." in Amendment 12. Called for a vote: Commissioner Friedberg-Nerf: Yes; Commissioner Hoell: Yes; Commissioner Kennedy: Yes; Commissioner Streissguth: Yes; Chairman Cockburn: Yes. The motion carried. Chairman Cockburn closed the Public Meeting. VI. Business Meeting A. Chairman's Report: Chairman Cockburn had received a memo from Betsy Howe, CDBG/HOME Administrator, asking for a representative from the Planning Commission for the Block Grant interviews. Commissioner Kennedy offered to attend. B. Director's Report: Andrea directed the commissioners to a handout in their packets regarding parliamentary procedures. This handout was for information only and no action was needed. Chris gave an update of the annexation meetings that took place for residents in the Tracy ton area. Because of some resistance to annexation, staff is looking to concentrate on areas where Outside Utility Agreements have been signed agreeing to annexation into the city. Another annexation meeting for the residents with council members will take place on August 3, 2006. The location of this meeting has not yet been determined. Chris reported on DCD staffing. The civil service register had been opened for the position of Planner I. From that list, three applicants made it to interviews but none were chosen. JoAnn Vidinhar, who came to the City from Kitsap County as a planner in 2005, became the Development Manager for Community Development. Marie Vila will be starting on August 1, 2006, as the Block Grant Coordinator. C. Old Business: Commissioner Streissguth asked for an update on the letters sent to Kitsap County regarding the County's Comprehensive Plan. Chris summarized the three letters that were sent to the County Commissioners. Electronic copies of those letters will be sent to the Planning Commission members after this meeting. Chris reported that the City of Bremerton won the Governor's Smart Communities Award for updating the Comprehensive Plan and implementing the new zoning code Planning Commission Meeting July 18, 2006 Page 4 of 5 Attachment II within a year of adoption. Certificates were presented to all Planning Commission and City Council members, as well as staff, who participated in the creation and implementation of the Comp Plan and zoning code. D. New Business: None. VII: Adjournment Meeting was adjourned at 6:40 p.m. The next Regular Meeting is scheduled for August 15, 2006. Respectfully submitted by: Chris Hugo, Executive Secretary Approved by: John Cockburn, Chairman Planning Commission Meeting July 18, 2006 Page 5 of 5 DA TE SUBMITTED: August 28, 2006 BILL # >'1 j" - I /> ,,) L/w" lJO AGENDA BILL CITY OF BREMERTON CITY COUNCIL ~B ........................................................................................ SUBJECT: Public Hearing and Ordinance # 4((18 Vacating Various Streets and Alleys Lying South of Burwell Street, West of Pacific A venue, and South of 15t Street in Downtown Bremerton. Committee Meeting Date: COUNCIL MEETING Date: Department: Presenter: Phone: flu It, ,,{ ~ ;;J.Ot) , Sepfember 6, 2006 PW&U, Engineering Michael C. Mecham 473.5288 SUMMARY: The City, in a collaborative effort with the U.S. Navy, initiated the vacation of various streets and alleys lying south of Burwell Street, west of Pacific Avenue, and south of 15t Street in downtown Bremerton in the continued revitalization of the downtown corridor. The City and the Navy are the only abutting property owners. This is a Class II right-of-way and compensation has been waived in accordance with BMC 11.20.080. ATTACHMENTS: 1.) Ordinance # 'ftj7 g 2.) Exhibit Drawing FISCAL IMPACTS (Include Budgeted Amount): No Impact. APPROV ALS: (-----)~ :' ...._.~./) DEPARTMENT DIRECTOR:,:,:':' L " CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: /'/ H~~ . /' /.Al' ~ ~ ~~ I CONSENT AGENDA 0 I RECOMMENDED MOTION: Move to pass Ordinance # '117/1 vacating various streets and alleys lying south of Burwell Street, west of Pacific Avenue, and south of 15t Street in Downtown Bremerton. COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action ab/Agenda Bills 2006/ROW Vac Downtown w Navy ORDINANCE NO. ~7 6 AN ORDINANCE of the City Council of the City of Bremerton, Washington, relating to the vacation of various streets and alleys lying south of Burwell Street, west of Pacific Avenue, and south of I sl Street in downtown Bremerton. WHEREAS, the City, in a collaborative effort with the U.S. Navy, initiated the vacation of various streets and alleys lying south of Burwell Street, west of Pacific Avenue, and south of I sl Street in downtown Bremerton; and WHEREAS, the street proposed to be vacated is not presently used nor is it suitable for use and access to the waterfront; and WHEREAS, the proposed street vacation will assist with the implementation of a plan that will provide access to the waterfront not currently available to the general public through realization of the City's Comprehensive Plan; and WHEREAS, the City passed Resolution No. 3005 declaring its intention to vacate various streets and alleys lying south of Burwell Street, west of Pacific Avenue, and south of 1st Street in downtown Bremerton, which resolution also set a hearing to take public comment or consider written objections to the vacation; and WHEREAS, one hundred percent of the property owners abutting said right-of- way have agreed to vacate said right-of-way prior to the time set for public hearing herein; and WHEREAS, a public hearing was held with proper notice on September 6, 2006, in the City Council Chambers of the Norm Dicks Government Center to take public comment or consider written objections to the vacation; and WHEREAS, the City Council has determined that it is in the best interest ofthe public to proceed with the vacation; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The foregoing recitals are incorporated as if fully set forth herein. SECTION 2. The area of the downtown core in the City of Bremerton, as described in Exhibit A, which is attached and incorporated herein by this reference, is hereby vacated to the adjacent property owners, theCity of Bremerton and the U.S. Navy. I Street Vacation - Various Streets and Alleys in Downtown Bremer/on following: SECTION 3. Easements: The granting of this vacation is subject to the a. An easement is reserved for Cascade Natural Gas for operation, maintenance and/or repair of gas lines and appurtenances over, under and upon the existing facilities within the area vacated pursuant to this ordinance. ordinance. SECTION 4. No vested rights shall be affected by the provisions of this SECTION 5. Severabilitv. If anyone or more section, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity ofthe remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 6. 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\LegaI\Ordinances\Public Works & UtilitiesWacation - Downtown.doc 2 Street Vacation - Various Streets and Alleys in Downtown Bremerton · "rITITI1ill PAAlC~Bt1'wtDlBl.llWllEUAHD.~ ~ 7 i :~r,~ 1,:" c.',' ,.,_"" ',~ ,,' ',' V~n:o,~e=~7~~It")::J){~ ~ ;;; : : ~WTD~~~~~ ~ !!! ) UN~ IlITW> ~ MW ~~~1.5lI. _ .,!l,~ I!: : ; Il.OO''''' L~-~~~ I \ I \ EXHIBIT MAP I FOR \ VACA nON OF STREETS & I \ ALLEYS 'MTHIN DO'M'lTOWN I SEcnON 13 & 24 I \\ CITl'J4tfiR~~~R~rfN WA I 31 JUL Y 2006 I \ I : \: I \ I \ I \ " "---,,--- I \ ~"-'''--- I \ "'~?0) \ Y ) / / / / / / / / / // / // // / / / / / / / ~~ / ", ,~ / /~~'I- / /,f~ /~~ /-fOri' / ~ /,,~ / ..~~ / ~'I- / ,sf'" /& - /"Jl .(..~~ 0 0 / ~~~ ~~<1_ /' ~/ /~\J GDDOA' d/ /,f'" U (~ /, ~-:.-//." / l' ~ '/~-~ /<<-'1- lDIE=~_____L~-/-N--C-{~' / R . ..ffiJJrtrh1 ---BURWEt:t--- S-fR 74LJ 2T o ... LEGEND ---ClIRRENT P,S.N.S. BOUNDARY -P/?OPOSED P.S.N.S.BOUNDARY UlIIJ1llIJP/?OPOSED VACA nONS / N L E T EXHIBIT A Vacation of those portions of the streets and alleys of the Plat of the Town of Bremerton, as recorded in Volume 2, of plats Page 030, records of Kitsap County Washington, situate in Government Lot 3, Section 13, and Government Lot 1, Section 24, all of Township 24 North, Range 1 East, Willamette Meridian, Kitsap County, Washington, lying southerly of the following described line: Beginning at a point of intersection of the south line of the said Plat of the Town of Bremerton and the east margin of Park Avenue (Dock Street per plat), also being the True Point of Beginning; thence northerly along said east margin to its intersection with the south margin of Burwell Street (Third Street per plat)~ thence along said south margin easterly to its intersection with the west margin of Pacific Avenue; thence southerly along said west margin to its intersection with the southerly margin of 1 st Street (Front Street per plat); thence easterly along said southerly margin and its extension to its intersection with easterly margin of Washington Avenue; thence southerly along said easterly margin to its intersection with the northerly margin of said 1 st Street; thence southeasterly along said northerly margin to its intersection with the original Outer Harbor Line as established by the State of Washington Board of State Land Commissioners in February of 1913, also being the terminus. Together with an easement to Cascade Natural Gas over the easterly 10 feet of the alley lying adjacent to and between Blocks 12 and 13 of said Plat of the Town of Bremerton. DATE SUBMITTED: July 20, 2005 BILL # 00 -- (&<[ AGENDA BILL CITY OF BREMERTON CITY COUNCIL 7A ......................................................................................., SUBJECT: RESOLUTION NO. 3007 2007- 2012 SIX YEAR TRANSPORT A TION IMPROVEMENT PLAN. Committee Meeting Date: August 23, 2006 COUNCIL MEETING Date: September 6, 2006 Department: PW &U, Engineering Presenter: Michael Mecham Phone: 473.5288 SUMMARY: The Six Year Transportation Improvement Plan is prepared pursuant to RCW 35.77.010. The Plan is updated annually and filed with the Secretary of Transportation, Local Programs Office. It is intended as a planning tool for the local, State and Federal transportation funding entities. The attached plan has been prepared for City Council approval by Resolution and will be submitted to the Washington State Department of Transportation. A TT ACHMENTS: A. Council Summary B. 2007-2012 Six Year Transportation Improvement Plan C. Resolution No. 3007 FISCAL IMPACTS (Include Budgeted Amount): None. The 2007 - 2012 Six Year Transportation Improvement Plan is a planning tool that is implemented through the annual Capital Improvement Program. l , " " " 'j 1: I~' / """':" , " .-/! -." IE /1 ~~ e "y~ ~/~~~~ ~ RECOMMENDED MOTION: Move to approve Resolution No. 3007, which approves the City's 2007 - 2012 Six Year Transportation Improvement Plan, and direct the Mayor to forward the Resolution and Plan to the Department of Transportation, Local Programs Office. APPROVALS: //~ j f , 4 DEPARTMENT DIRECTOlk..,. --:-:~ /" CITY ATTORNEY: \: ., ~ FINANCE DIRECTOR: MA YOR: FISCAL/BUDGET: OPERA TIONS: COUNCIL PRESIDENT: .-- I CONSENT AGENDA ~ COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action ab, Agenda Bills 2006, Six Yr TIP, 9.06 COUNCIL SUMMARY 2007 -2012 Six Year Transportation Improvement Plan RCW 35.77.010 and RCW 36.81.121 require that all cities and counties prepare an annual Six-Year Transportation Improvement Plan (TIP) and file it with the Washington State Department of Transportation. The Six-Year TIP is a planning tool, implemented by the City's Capital Improvement Program. The law requires that the plan include all "regionally significant" and federally funded projects. Typically, the plan also includes all state or locally-funded transportation capital projects. The 2006 TIP covers the planning period from 2007 to 2012. Revisions to this year's TIP as compared to the 2005 TIP include several revisions to budget and schedule data for existing projects, and the addition of several new projects. Approximately one-half of the projects in the Six-Year TIP are funded. The Downtown Pedestrian/BTC Access Improvements Project has committed federal funding. The State is the lead on that project; however, the City is continuing to carry the project in its TIP. This is necessary because the design phase of this project is not yet closed out and won't be until sometime in 2007. The Warren Avenue Off-Ramp project is funded through a State Transportation Improvement Board grant. Federal funding is secured for the Harlow Drive and Auto Center Way projects, and federal funding is tentatively secured for design of the SR 303 at 11 th Street Intersection Improvement project. The Miscellaneous "Local Program Support" project is funded through the City's share of the state gas tax. This project covers miscellaneous small, non-motorized, safety, and preservation projects. RESOLUTION NO. 3001 A RESOLUTION of the City Council of the City of Bremerton, Washington, adopting the 2007 - 2012 Six Year Transportation Improvement Plan. WHEREAS, after proper notice, the City Council of the City of Bremerton held a public hearing at the regular meeting of the City Council at 5:30 p.m. on September 6, 2006, to consider public testimony on the City's proposed 2007 - 2012 Six Year Transportation Improvement Plan and, having considered public testimony regarding the Plan and in accordance with the provisions ofRCW 47.80; NOW TIIEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The 2007 through 2012 Six Year Transportation Improvement Plan, set forth in Exhibit "A" attached hereto and herewith filed with the City Clerk, is hereby adopted. SECTION 2. Severability. If anyone or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion ofthis 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. day 0 f 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 PAULA JOHNSTON, City Clerk Six Year Transportation Plan ..... WI Washington State Department of Transportation Agency: Co. No.: City No.: Bremerton Six Year Transportation Improvement Program From 2007 to 2012 18 0115 Co. Name: MPO/RTPO: Kilsap Co. PSRC Hearing Date: Amend Date: Adoption Date: Resolution No.: Project Identification Project Costs In Thousands of Dollars Federally Funded .. ..,.lii A. Federal Aid No. B. Bridge No. c '" ~ Fund Source Information Expenditure Schedule Projects Only 0. w m c'" Es ~ "C (Local Agency) ,Q UJ "CD C. Project Title " ~ " III Federal Funding .Q E Ww u '" R/W "0.52 >0. ]9 ..J 5U ~:J D. Street/Road Name or Number ~~ ] ~ 0.. -'r:=-:-;- Required ll..z II) 13 Phase Federal Federal Slate 4th lL E. Beginning MP or Road. oS 0 '" OJ State Local Total ~~~" Envir. Date Ending MP or Road l- :J "[ Start Fund Cost by Fund 3rd Thru F. Describe Work to be Done 0.. (mmlddlyyyy) Code Phase Code Funds Funds Funds 6th Type (MMNY) 1 2 3 I 4 5 6 7 8 g 10 11 12 13 14 15 16 17 18 19 20 21 I i Discretionary I I I I I I I 14 1 HP.1998(029) 01 S 0.45 P PE I 5/1/2003 48581 4858 1 I EA Downtown PcdestrianIBTC Access Improvements 06 G RW 9/1/2005 Discretionary 4700 I 1 4700 I I l'" SR304/Paclfic Ave. O? T CN 10/1/2006 DlscreUonary 20263 I 1 20263 1101 851 from: Ferry Terminal to: Warren Avenue W ImprovQ pcdeslrian aod vehlclll mobiliLy In downtown Bromarton 04 C :11106 0 Totals 29821 29821 110 85 ALL! I 1 1 WSDOTI 115221 - 14 2 03 S .9 C 6/1/2004 110001 5221 54001 I 1 EIS SR 304 TIP - Slage 1 D - Navy Yard Highway Phase 04 G Ves SR 304 06 P S from: Chaneston Beach Rd to:SR3 07 T HOV Improvements, overlay, widenIng, reconslrucllon 10101/06 W Totals 11000 522 11522 5400 14 3 01 S .14 P PE I 1/112005 I I I AIPI 1351 101 145/ 301 1 I l ~'"~ 12 W CN 6/1/2006 AIPI 7211 401 761 7611 1 SR 303 T from: Sheridan Ave lo: Callahan Drive Construct off ramp connecting southbound SR 303 with Callahan Drive Totals 0 856 50 906 791 17 4 06 l~[ PE I 1/112005 I STP(U) I 1301 I 1 201 15~1 1 1 I CE I Auto Center Way Improvements 07 eN 8/112006 STP(U) 780 I I 1201 900 9001 I No Auto Center Way 12 I from: 6th Street 10: SR 3 onramp 05 Extend second mutUpurpose lane 10 ImproVE! operation at SR 3 onramp -- Tolals 910 140 1050 900 Report Date: July 13, 2005 Page 1 v. 5.6 - Supersedes previous editions .... Six Year Transportation Improvement Program W Washington State Department of Transportation Agency: Bremerton From 2007 to 2012 Co. No.: 18 Co. Name: Kitsap Co. Hearing Date: MPO/RTPO: -- Adoption Date: City No.: 0115 PSRC Amend Date: Resolution No.: Project Identification Project Costs in Thousands of Dollars Federally Funded 'iii ~Iii A. Faderal Aid No. B. Bridge No. I.~ '" ID Fund Source Information Expenditure Schedule Projects Only " '" a, "D 5: (Local Agency) .Q UJ .C .a C. Project Title ~ 0 lD Federal Funding ul!! .9 E ~I ~ oJ U .<: RfW "0 ~::> D. Street/Road Name or Number - ~ 0- Required " o.z Q.~ (j) .l!I :a " Phase Federal Federal Slale I 4th Envir. u.. E. Beginning MP or Road. Ending MP or Road ,g ~ " Start Fund Cost by Fund Stale Local Total Dale ::> '0' Funds 1s1 2nd Srd Thru Type F. Describe Work to be Done 0:. (mmlddlyyyy) Code Phase Code Funds Funds 6th (MM/YY) 1 2 S 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1 18 19 20 21 t I I I I I 61 501 I I 17 5 S P PE I 1/1/2006 STP(U) I 441 1 50 I _L Harlow DrivelKlIsap Laka Elementary Pedestrian Improvements C CN 1/1/2007 STP(E) 206 1 1 341 240 2401 1 No Hartow Drive T from: Lakehurst Drive 10: Osprey Circle Construct a pedestrian pathway along the west sIde or Harlow Drive Tolals 250 40 290 290 14 6 05 P 0.06 C PE I 3/1/2007 I STP(U) I 1501 I 1 201 17~1 1701 1 CE SR 303 at 11 th Street Intersection Improvement G RW 12/1/2007 1 I 1520 1520 1 7601 7601 Yes SR 303 P CN 2/1/2009 1 1 7301 730 1 1 730 Irom: 11ih SL 10: 131h SL S lengthen Bldsllng righllum lane from southbound SR 303 to westbound T 02/09 11thStreat. W Tolals 19 7 07 S ALLI 1/1/2007 I I 1 1 I 12001 12001 2001 2001 2001 .OO~ Misr::eJ/aneous (Local Program Support) 06 City Wide 32 from: N/A 10: N/A 12 N/A Miscellaneous projects 10 Improve safely alld cperatlons; non-molorized tfilnspor1aUon; roadway preservalian Totals 1200 1200 200 200 200 600 17 8 05 P .0.5 P ALLI 1/1/2006 I 1 I 1 I 50001 50001 1 25001 25001 l' Arsenal Way/Patton Ave. Safety Improvoments 06 S Arsenal Way/Patton Avenue 07 T W from: loxie Eagans Blvd to: Lafeyette 12 G Safety lmprovemenls Including club and gutter, sldwalks, lighting, roadway C wIdening, and Inlersectlon Improvements 0 Totals 5000 5000 2500 2500 Report Date: JUly 13, 2005 Page 2 v. 5.6 - Supersedes previous editions ...... "" Agency: Sremerton Co. No.: 18 City No.: 0115 Six Year Transportation Improvement Program From 2007 to 2012 Washington State Department of Transportation Co. Name: Kitsap Co. MPO/RTPO: PSRC Hearing Date: Amend Date: Adoption Date: Resolution No.: Project Identification Project Costs in Thousands of Dollars Federally Funded m A. Federal Aid No. B. Bridge No. 10 .e " Fund Source fnformation Expenditure Schedule Projeels Only .alii ~~ 0. ~ * .~ ~ "D (Local Agency) "i::..a C. Project Title 1l ~ 0 Federal Funding U1:9 .S! E e~ n ..J U .e R/W 5U ~::J D. StreeURoad Name or Number :e !! 0.. Required n.z a..... Ul U Phase Federal Federal State 4th LL E 0 S Ql Slate Local Tolal Envir. Date E. Beginning MP or Road. Ending MP or Road .... :0 Start Fund Cost by Fund Thru 0' Funds Funds Funds 1st 2nd 3rd Type (MM/YY) F. Describe Work to be Done ([ (mm/ddlyyyy) Code Phase Code 6th 1 2 3 4 5 6 7 6 9 I 10 11 12 13 14 15 16 17 18 19 20 21 I I I I I I I , _1_ 14 9 12 P .12 W PE) 111/2010 I I I 1 I 1821 182 I 182 Lower Wheaton Way Realignment 02 P RW 1/112010 I 1 2181 218 I 218 Wheaton Way eN 111/2010 I I 10051 1005 1 I 1005 from: Callahan Or 10: Sheridan Rd Reallgn Wheaton Way to nor1h south configura lion Tolals 1405 1405 1405 16 IJ P 0.15 C ALL! 111/2009 I I I I I 15001 15001 I I 15001 l Pacific Avenue Improvements G Paclnc Avenue 0 from: 6th Street 10: Burwell Street P S _ Con'ilUGl.iree',cape. pade,'nan and ..rely improvaman', T W Totals 17 11 06 P 0.3 C ALL! 1/112011 I I I 1 1 50001 50001 I I I 5000 l Werner Road Improvements 05 G Werner Road 0 from: UnIon Avenue 10: SR 3 P CDnstruct IntersectlDn ImplDvants and slgnallzallon at the Intersections of S Wemar ROlJd at Union Avenue and Werner Road althe southbound SR 3 T offrnmp W Totals -. .-. - 14 12 P 0.1 C ALL I 1/1/2009 I I I I I 5001 5001 1 I 5001 J__ Wheaton Way at Magnuson Way Intersection Improvement G Wheaton Way 0 from: Magnuson Way 10: Magnuson Way P S Conslrucllum peckel:> and slgnallzallon T W Totals Report Dale: July 13, 2005 Page 3 v. 5.6 - Supersedes previous editions -.. ...71 Agency: Bremerton Co. No.: 18 Co. Name: City No.: 0115 MPO/RTPO: Six Year Transportation Improvement Program From 2007 to 2012 Washington State Department of Transportation Kilsap Co. PSRC Hearing Dale: . Amend Date: Adoption Date: Resolution No.: Projeclldenllfication Project Costs In Thousands of Dollars Federally Funded ro ""~ A. Federal Aid No. B. Bridge No. e .r:. ~ Fund Source InformaUon Expenditure Schedule Projects Only 0, :ll .~ ~ ein :g c 'D (Local Agency) 'coO C. Project Tille e '" Federal Funding .>1 E ~I ~ u .c RfW t).!Q !l ..J SU ~::J D. Str.eURoad Name or Number ]j ~ 11. Required n.z ~~ en 'tS Phase Federal Federal State 4th "- E e 5 (U State Local Total Erwir. Date E. Beginning MP or Road - Ending MP or Road I- 'e Start Fund Cost by Fund 1st 2nd 3rd Thru (mmlddlyyyy) Code Funds Funds Funds Typa {MMIYY} F. Describe Work to be Done 11. Code Phase 6th 1 2 3 4 5 6 7 8 9 11 12 f----- 10 13 14 15 16 17 18 19 20 21 ALL I I I I I 5251 251 2001 I [-- 19 13 P .15 C 1/112007 I 1 525 300 I Park Avenue Signa/Improvements G Park Avenue 0 from: 6th Street 10: Burwell S~eel P S Install new sIgnals DO Park Avenue between 6th Street and Burwell Street T as needed 10 Improve (tame clrculaUon W Totals 14 14 04 P 2.8 C ALL! 111/2010 I I I I I 100/ 1001 I I I 100 J_ SR 303 Bramerlon to SilverrJa/e Transportation Com'dor 06 G 5R 303 12 P to: Ridden T from: Burwell 5l W Implement recommendations of SR 303 Comdar Study Totals 00 15 01 P PE I 1/1/2011 I I I 1 I 1251 1251 1 I I 125 l Port Blakely Alternative Route Analysis 03 Various 04 from: N/A 10: NIA 05 Conduct analysis of polentiallranpol1atlon roules to 5eNe the Port Blakely 06 Planning area 12 Totals 125 125 125 Grand Totals for Bremerton 30981 11856 8482 51319 7691 2785 2700 2130 Report Dale: July 13. 2005 Page 4 v. 5.6 - Supersedes previous editions DATE SUBMITTED: 81l6/06 AGENDA BILL CITY OF BREMERTON CITY COUNCIL AG JP 0(;, - Iro 78 ........................................................................................ SUBJECT: Resolution No.]JO~ approving annexation proceedings for territory in the Tracy ton area of East Bremerton. Committee Meeting Date: 8/23/06 COUNCIL MEETING Date: 9/6/06 Department: Comm. Development Presenter: Chris Hugo Phone: 473-5845 SUMMARY: The Resolution accepts the initial petition by owners of not less than 10% of assessed property value in the proposed area, to annex territory into the city: and further requires the adoption of the City's Comprehinsive Plan land use designation for the proposed annexation area, and requires the assumption of the City's existing indebtedness by the area to be annexed. ATTACHMENTS: 1) Resolution No.600-8 2.) 10% Petition (Intention to commence annexation proceedings letter to City Council) 3.) Memorandum: Validity of Bremerton's OUAs FISCAL IMPACTS (Include Budgeted Amount): Complete cost (benefit analysis to be completed before action on final 75% petition. APPROV ALS: DEP ARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: 1~lL'~~ -~ ~ L-~ 8 . ..-- ~~"'...,J____ ~~. ~:h?1~'~ RECOMMENDED MOTION: Move to pass Resolution No.3 002:3 accepting the proposal to commence annexation proceedings. FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: I CONSENT AGENDA COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action RESOLUTION NO. ) 008 A RESOLUTION of the City Council of the City of Bremerton, Washington, accepting the proposal for annexation and authorizing the circulation of a petition for annexation and further requiring the adoption of the City's Comprehensive Plan land use designation for the proposed annexation area and requiring the assumption of all of the City's existing indebtedness by the area to be annexed. WHEREAS, on August 17,2006, the City Clerk received a Notice of Intention to Commence Annexation Proceedings from the City of Bremerton, Belko, Inc. and, pursuant to Outside Utility Agreements granting consent to annexation, other owners of property in the Tracyton Beach Road/Tracyton Watershed Parcel area; and WHEREAS, the proposed area for annexation is legally described and further depicted in the Notice of Intention to Commence Annexation Proceedings attached hereto as Exhibit A and incorporated herein by reference; and WHEREAS, the initiating party are the owners of not less than ten percent (10%) in value of the property, according to the assessed valuation for which annexation is petitioned; and WHEREAS, the proposed area for annexation is located within the City's Urban Grown Area (UGA); and WHEREAS, the land use designation previously established by the City for the proposed area for annexation is low density residential (LDR); and WHEREAS, the City Council must meet with the initiating party not later than 60 days after filing the request for annexation to consider the petition and decide whether it will 1) accept, reject, or geographically modify the proposed annexation; 2) require the simultaneous adoption of the comprehensive plan for the area proposed to be annexed; and 3) require the assumption of all or any portion of City indebtedness by the area to be annexed; and WHEREAS, City Council has set September 9,2006 as the date that it will meet with the initiating party to consider the petition; and WHEREAS, City Council finds that it in the best interest of the City to accept the proposed annexation as presented, require the simultaneous adoption of the comprehensive plan for the area proposed to be annexed and require the assumption of all or any portion of City indebtedness by the area to be annexed; NOW THEREFORE, 1 Tracy ton Annexation THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Notice of Intention to Commence Annexation Proceedings attached hereto as Exhibit A is hereby accepted as presented without any geographic modification to the area proposed to be annexed. SECTION 2. The City Council shall require the simultaneous adoption of the comprehensive plan land use designation of LDR previously established by the City for this area in the UGA for the proposed annexation area. SECTION 3. The City Council shall require the assumption of all existing City indebtedness by the area to be annexed. SECTION 4. The initiating party shall be required to submit the appropriate petition as required by law to proceed with the annexation and to forward the required information to the Boundary Review Board (BRB). SECTION 5. Severability. If anyone or more'sections, subsections, or sentences ofthis 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 6. 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\Resolutions\Community Development\Tracyton Notice of Annexation Resolution.doc 2 Tracy ton Annexation INTENTION TO COMMENCE ANNEXATION PROCEEDINGS PROPOSED ANNEXATION OF TERRITORY TO CITY OF BREMERTON City Council City of Bremerton 345 6th St. Suite 600 Bremerton, W A 98337 RECEIVED OFFICE OF C/1Y CLERK DA~ME~:30f~ ... 6{r~ August 17, 2006 Re: Tracy ton Beach/ Watershed Parcel Annexation Dear City Councilmembers, We the undersigned, who are the owners of not less than 10% of the value of property, according to the assessed valuation records for general taxation purposes of the Assessor of Kitsap County, of the following described real property situated in Kitsap County, Washington, respectfully file this Notice ofIntention to Commence Annexation Proceedings ("Notice") requesting that said real property be annexed to the City of Bremerton, Washington and we respectfully state as follows: 1. The area proposed to be annexed to the City is more particularly described as per the legal description attached hereto as EXHIBIT A and made part of this Notice. 2. A plat map outlining the boundaries of the real property described is attached hereto as EXHIBIT B and is made a part of this Notice. 3. The said area adjoins the existing boundaries of the City of Bremerton and is in Kitsap County, and is within City of Bremerton's Urban Growth Area. 4. Current or prior owners of real property in the area proposed to be annexed have previously signed Outside Utility Agreements with the City of Bremerton. These agreements, incorporated by reference as if set forth in full herein, grant a limited power of attorney to the City of Bremerton to exercise said Outside Utility Agreements as signatures in support of a Notice for annexation. The City of Bremerton, in filing this Notice, hereby exercises these limited powers of attorney. 5. The undersigned Petitioners respectfully request that the City Council of the City of Bremerton entertain this Notice and fix a date for a meeting with the initiating parties within 60 days of the filing of this Notice as per RCW 35.15.125. The undersigned Petitioners respectfully request that the City Council determine at said meeting whether it will accept, reject or geographically modify the proposed annexation; whether it will require the simultaneous adoption of a comprehensive plan; and whether it will require the assumption of all or any portion of existing city indebtedness by the area to be annexed. CITY OF BREMERTON ~o ~2008 By: Cary Bozeman, Mayor ----. BEALKO, INe. Tax Parcel No. 022401-2-003-2008 ~~ By: Richard Butko, President CITY OF BREMERTON Tax P No. 0224 PROPERTY SUBJECT TO OUTSIDE UTILITY AGREEMENTS: See attached Exhibit C EXHIBIT A LEGAL DESCRIPTION OF TERRITORY PROPOSED FOR ANNEXATION TO THE CITY OF BREMERTON A portion of Sections 2 and 3, Township 24 North, Range 1 East, W.M., all situate in Kitsap County, Washington, lying between the following described line and the current City of Bremerton city limits: Beginning at the common corner between said Sections 2 and 3, also being the true point of beginning, and a point on the said current city limits; thence northerly along the common line between said Sections 2 and 3 to the northeast corner of short plat No. 3772R-l, as recorded under Kitsap County Auditor File No. 200307180071, being an amendment to Kitsap County Auditor File No. 8501290067; thence westerly along the north line of said short plat to the northwest corner of said short plat; thence southerly along the west line of said short plat to the southwest corner of said short plat, also being a point on the north line of Government Lot 3 of said Section 3; thence westerly along said north line to its intersection with the line of high water; thence southerly along said line of high water to its intersyction with the south line of Lot B of short plat No. 7187R-l, as recorded under Kitsap County Auditor File No. 200212180023 and 200212180026 and under Volume 17 of the book of short plats, Pages 113 and 114, records of Kitsap County, Washington; thence easterly along said south line to the southeast corner of said Lot B, also being a point on the said common line between Sections 2 and 3 and a point on the said current city limits, and the terminus. 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OO? 002401 oQ Q! o 0 01:,0:~W230~24:::'04~:003 4 032 0140~: 0~3095 005 ~ T'~~P~~S:dA~~~:~~i:~";ounda~1 024014021 20 ~~4_0000;3~ 000 j ~ o 40' 40092 P7 022 013115 2 ~1 022401.3' I o ~01 40092 7 ,\.," ~..J" 02 :'':: ::028004 02 00 ~05 22401301 ,., City Limits r o 014008 ~~401 4008 20T 0320' 4q 6200 :JlOO .005-0ep0008 021 r---j Tax Parcels , 0324014.007 2009 0 24 3 00 -2005 j L.... - I 03 '-,400:01 ,9 .. 001 ro?::~2~0;o: :6, OC ~2 01 3 13,200380 40040 0000' ~ .~~i.~QlJ!!.":'r--=.li2{ilk~712;;oo."1l224;;::"01S:2001 1024G1 . C02 ()1 \..~ ~1'SfOOO OOd000747 5000 Od2 ooof'~ 112J~~:r-___5S1fooo-001-DIJ091ij4ol-2~orT--'T .... - - 02 ~01-3-154'2 03 . ~32004~~ :~ Tax Parcel Acet No. 022401-2-003-2008 022401-2-017 -2002 032401-4-030-2000 032401-4-033-2007 032401-4-034-2006 032401-4-035-2005 032401-4-036-2004 032401-4-038-2002 032401-4-039-2001 032401-4-041-2007 032401-4-042-2006 032401-4-043-2005 032401-4-044-2004 032401-4-045-2003 032401-4-046-2002 032401-4-047-2001 4728-000-002-0001 4728-000-003-0000 4728-000-004-0009 4728-000-005-0008 4728-000-006-0007 4728-000-007 -0006 4728-000-008-0005 4728-000-009-0202 4728-000-010-0001 4728-000-011-0109 4728-000-012-0009 4728-000-013-0008 4728-000-014-0007 4728-000-015-0006 4728-000-016-0005 4728-000-018-0003 4728-000-019-0002 4728-000-020-0009 4728-000-021-0008 4728-000-022-0007 4728-000-023-0006 4728-000-024-0005 4728-000-025-0004 EXHIBIT C LIST OF PETITIONERS Taxpayer Per Kitsap Co. Assessor Records CITY OF BREMERTON CITY OF BREMERTON B & P ASSOCIATES B & P ASSOCIATES COSNER DONALD S BROUGHTON WILLIAM & DEBORAH ALBERTSEN RICHARD J BOLLES DON & SARAH CORCORAN RONALD A & JUDITH A MORRIS LARRY W & TRUDI A GOAKEY LOREN & LILA L NOGLE WILLIAM BOSCH SCOTT W & GAIL TAN HORACIO G JR & MARIA T BENZA JOHN & CANDACE PARALLEL CONTRACTORS LLC MILLER MARSHALL B PRES REYMONT HOMEOWNE SMITH NELSON & TIM MARIE CARNAHAN DAVID W DAY GLENN A & TRINKA K HACKSTEDDE EDWARD J & LORRI J BROOKS JERRY D CHAVEZ RICHARD L & GORDY TAMARA J LEE JOHN WILLIAM SMITH LAWRENCE & PATRICIA ANN SCHAAF KENNETH L & TERRI A MILLER MARSHALL B III & L YRIA AFLATOONI PAYVAND & AMANDA SCAGLIA MICHELE CEGALlS GARY J & L YNHART ALL YSA KLUTH DEBRA S & JAY KRELL RONALD M BEAULIEU JOHN R & DONNA A STOUT STEVEN P & REBECCA R WURDEN FRANK A & IRENE T MARTIN BRUCE G GATES JEFFREY & MARKER MYRA BORGER JOHN & MARLENE GLEN MICHAEL H & SUSAN R Filing Name of QUA N/A N/A B & P Associates B & P Associates Cosner Broughton Albertsen Carter & Reed Carter & Reed Carter & Reed Carter Carter Broughton Broughton Carter & Reed Carter & Reed Hinrichs Hinrichs Hinrichs Hofmann Hinrichs Hinrichs Martin Hinrichs Hinrichs Swift Guldjord Hinrichs Hinrichs Yekel Kluth Yekel Lowans Hinrichs Hinrichs Hinrichs Hinrichs Hinrichs Foley Site Address Per Kitsap Co. Records None in records-undeveloped None in records-undeveloped None in records-undeveloped None in records-undeveloped 141 NW CARTER FARMS CT 153 NW CARTER FARMS CT None in records-undeveloped 140 NW CARTER FARMS CT 152 NW CARTER FARMS CT 3198 TRACYTON BEACH RD NW 3244 TRACYTON BEACH RD NW 3238 TRACYTON BEACH RD NW 177 NW CARTER FARMS CT None in records-undeveloped None in records-undeveloped None in records-undeveloped None in records-undeveloped None in records-undeveloped None in records-undeveloped 3447 SULPHUR SPRINGS LN NW 3465 SULPHUR SPRINGS LN NW None in records-undeveloped 3483 SULPHUR SPRINGS LN NW 3501 SULPHUR SPRINGS LN NW 3510 SULPHUR SPRINGS LN NW 3519 SULPHUR SPRINGS LN NW 3537 SULPHUR SPRINGS LN NW 3549 SULPHUR SPRINGS LN NW 3573 SULPHUR SPRINGS LN NW 3585 SULPHUR SPRINGS LN NW 3607 SULPHUR SPRINGS LN NW 3610 SULPHUR SPRINGS LN NW 3620 SULPHUR SPRINGS LN NW 3630 SULPHUR SPRINGS LN NW 3640 SULPHUR SPRINGS LN NW 3650 SULPHUR SPRINGS LN NW 3660 SULPHUR SPRINGS LN NW 3670 SULPHUR SPRINGS LN NW 3680 SULPHUR SPRINGS LN NW ~ ""~":';:'..'''.'.' '. ..' '-", > ',>> ~ ,',. " . :'l,'?~:':' Office of the City Attorney Roger A. Lubovich, City Attorney Memorandum To: Roger Lubovich From: Mark Koontz R8: Validity of Bremerton's Outside Utility Agreement Granting City Limited Power of Attorney to Sign Petition for Annexation Da18: August 15, 2006 Issue. For several years Bremerton has provided water and sewer service to landowners outside the city limits. Bremerton required the landowners to sign an Outside Utility Agreement (OUA) which obligated the landowners to either 1) sign any future annexation petition or 2) grant the City a limited power of attorney to sign an annexation petition on the landowners' behalf. The issue addressed in this memorandum is whether the City of Bremerton's Outside Utility Agreements are valid and enforceable in obtaining landowners' signatures on future annexation petitions. Rule. The OUAs attempt to waive a future right oflandowners (and their successors) to withhold their signatures from an annexation petition. Generally a waiver of a future right is valid if 1) the right exists at the time of the alleged waiver and 2) the one against whom waiver is claimed has actual or constructive knowledge of the existence of the right. See Yakima County (West Valley) Fire Protection District No. 12 v. City of Yakima, 122 Wn.2d 371, 858 P.2d 245 (1993). Analvsis. The leading Washington case is Yakima County (West Valley) Fire Protection District No. 12 v. City of Yakima, 122 Wn.2d 371,858 P.2d 245 (1993). In West Valley landowners outside of the city limits of the City of Yakima sought to invalidate Outside Utility Agreements (OUAs) entered into with the City. In 1965, the City began a policy that if sewer and water services were to be extended to a parcel outside of the city limits, the City would require the owner of the parcel to sign an OUA. West Valley at 376. The OUAs had been modified throughout the years, but the language in OUAs at issue in West Valley was as follows: The undersigned owner(s) further agrees (agree) that he (they) will sign any and all notices, petitions and any other documents requested at any time by the City leading to the annexation to the City of Yakima of the property affected by this agreement, and will actively promote and participate in any such annexation proceedings; and that he (they) will not protest the future formation of any local improvement district for domestic water and/or sewer for any district which includes the property affected by this agreement. West Valley at 377-78. August 15,2006 Page: 2 The policy continued, and in 1981, the City adopted a comprehensive plan that included the City's annexation of certain urban areas. In 1991 the City sent letters to landowners who had signed the OUAs informing them of the City's intent to annex their area and requesting that they sign a HNotice ofIntent to Initiate Annexation Proceedings" as required under the OUAs. Id. at 378. The fire district and several landowners who opposed annexation filed suit seeking to invalidate the OUAs. The case made its way to the Washington Supreme Court. After finding that Yakima had the authority to enter into the OUAs, the Court analyzed the validity of the landowners' waiver of a future right to withhold signing a petition for annexation. The Court identified the two components that must be included in a valid waiver of a future right, 1) that the right existed at the time of the waiver and 2) that there was actual or constructive knowledge of the right being waived: The doctrine of waiver ordinarily applies to all rights or privileges to which a person is legally entitled. A waiver is the intentional and voluntary relinquishment of a known right...It is a voluntary act which implies achoice, by the party, to dispense with something of value or to forego some advantage. The right, advantage, or benefit must exist at the time of the alleged vvaiver. The one against whom waiver is claimed must have actual or constructive knowledge of the existence of the right. West Valley at 384, internal citations omitted (emphasis in original). With respect to the first requirement, when a statutory right is alleged to have been waived, as it is here, the statute must have been in existence when the right was waived. !d. The right being waived, i.e. the right to withhold a signature from a petition for annexation, was established in the statute which sets out the requirements for annexation under the petition method, RCW 35.13.130. West Valley at 384. RCW 35.13.130 was enacted in 1945 under Laws 1945, ch. 128, ~ 3. Since the statute was in effect prior to the owners' entering into the OUAs, the West Valley Court held that the right alleged to have been waived existed at the time of the alleged waiver. West Valley at 385. The Court next addressed whether the landowners had actual or constructive knowledge of the existence of their right to withhold their signatures from a petition for annexation. Id. at 385. The landowners argued that when they signed the OUAs, they did not know any of the circumstances under which annexation would take place, such as the geographic area that would be annexed, the extent of the City's indebtedness the landowners would be required to assume, and the necessity of adopting a comprehensive plan. The Court rejected this argument. The Court noted that Hall persons are charged with constructive knowledge of the contents of our state statutes". RCW 35.13.125 provides that the annexation petition describes the area to be annexed, the amount of indebtedness to be assumed, and the necessity of adopting a comprehensive plan. Since RCW 35.13.125 was enacted in 1961 before the OUAs were signed by the landowners, the Court held that the landowners had constructive knowledge that a future annexation petition would contain all of the details of the annexation. Therefore, the landowners had constructive knowledge of the existence of their right. August 15,2006 Page: 3 The Court also analyzed whether the "actively promote" provision in the OUA prohibited the landowners from speaking out against annexation. The Court held that this portion of the OUA was an unconstitutional violation of the landowners' free speech rights under the First Amendment to the United States Constitution. However, the Court held that remainder of the OUA was valid, so the unconstitutional portion of the OUA did not affect the landowners' waiver of their right to withhold their signatures from the petition. In our case, Bremerton' s OU As contain a requirement that 1) the landowners agrees to grant a limited power of attorney to Bremerton to consent to any future annexation or 2) the landowner will sign any petition leading to any future annexation. All of Bremerton's OUAs were signed by landowners after RCW 35.13.125 and RCW 35.13.130 were enacted. Therefore, under West Valley the landowners' right to withhold their consent to annexation existed at the time they signed the OUAs, and they had constructive knowledge that the annexation petition would include the details of the annexation. One issue not addressed in West Valley is whether the waiver may be entered into as a covenant running with the land. Bremerton's OUAs specifically state that the agreement constitutes a covenant running with the land, and the OUAs were notarized and recorded. People v. City of Spokane, 51 Wn.App. 816, 755 P.2d 836 (1988) addressed this issue. The Court held that the successors oflandowners who signed OUAs were bound the terms of the OUA when the OUA was recorded and the successors accepted water service. People v. City of Spokane at 824-25. The recording of the OUA gave the successor constructive knowledge, and the successors' acceptance of the water service ratified their predecessors' agreement. !d. Conclusion. Based on the Courts' holdings in West Valley and People v. Spokane, it appears that Bremerton's OUAs are valid and enforceable with respect to a landowners' waiving the right to withhold signature from a future annexation petition. Also, the OUAs are binding on subsequent landowners. However, any provision that restricts a landowner from speaking out against the annexation will be stricken from the OUA. "RECEIVED mY COUROl OFfiCER JATE 8/+ Jolo July 31,2006 c..e.-: ~~is \4v~c> (i)c..!)) Dear City Council Members, ~V\~~A. SP~"'~+t lAe,^ t.:"",tt We wish to retain our entire nei/!hborhood's countv status. The current plan divides the neighborhood up with a few lots being annexed to the city. Our access road lies outside of the proposed annexation boundary. It is privately owned. Therefore, we have to work as a cohesive unit more than a typical neighborhood. Emergency response time could potentially be adversely affected. ;Jt;u V j/ c1J v r ."~ Sincerely, ;.f~~l&lu,()tI7-u rf= (~ ~.t3~ 4!!~~ ~y JVj~ !;0l:f'41 ~ k (J2uL" VI' (j ~ d" ~--^- ~ ~rtJ~ ~. " ) - , ( '\J~ ~ l, ..... ~\)~ 'u"'fIj . ..;,-,,,, . ~. ~ ~'i " .., "> '. ~ ; .", k --. JO ~,~~"'15 r " ~.j{ ,.. ,r ; / ,~ \;/ I i", A'/. ."" · Q ,. "y.~", ~'\l p::~::- ~ ",'ly. '/ ." I ,~~,. 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