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HomeMy WebLinkAbout10/04/2006 AGENDA 0)..,. B IL Ci:OIJI1 0a ~~ CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337-1873 03 (360) 473-5280 OCTOBER 4, 2006 CITY COUNCIL MEETING AGENDA 1. PRE-COUNCIL STUDY SESSION: 5:00 - 5:30 P.M. in COUNCIL CONFERENCE ROOM 603 A. General Council Business 2. CALL TO ORDER: 5:30 P.M. in 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 (#AB06-201) B. Meeting Minutes - September 20,2006 (#AB06-202) C. Meeting Minutes - September 27,2006 (#AB06-203) D. Appointment of Tanya N. Stansberry to the Bremerton Housing Authority Board of Commissioners (#AB06-204) E. Approval of Telecommunications Facilities 5-Year Lease Agreement with TOWER ASSET SUB, LLC (#AB06-205) F. Resolution No. 3010 amending Section 2 of Resolution No. 3004 to correct the sale price of property located between Trenton Avenue & Jacobsen Boulevard (#AB06-206) G. Resolution No. 3011, updating the Housing Rehabilitation Loan Program (#AB06-207) 6. GENERAL BUSINESS - There are no GENERAL BUSINESS items tonight... 7. PUBLIC HEARINGS A. Public Hearing on Ordinance No. 4968 relating to Exemption of Ad Valorem Property Tax for New Multi-Family Housing in Designated Target Areas [This item was originally scheduled April 19, 2006 and July 5,2006; and discussed at a Study Session May 9,2006 (#AB06-083) B. Public Hearing to adopt the 2007 Community Development Block Grant (CDBG) funding recommendations (#AB06-208) C. Public Hearing to consider the request for additional HOME Funds by Habitat for Humanity for project New Hope (#AB06-209) D. Public Hearing and Resolution No. 3012 declaring an intent to annex territory in the Tracy ton area of East Bremerton (#AB06-21 0) E. Public Hearing on Ordinance No. 4980 establishing a new Chapter 20.12 "Land Divisions" for land subdivision procedures; amending Chapter 20.02 "Project Permits" Table 040; and amending Rate Table C of Chapter 3 of the Bremerton Municipal Code (#AB06-211) F. Public Hearing on Ordinance No. 4981, establishing a "Design Review Committee" and amending Chapter 20.02 "Project Permits" of the Bremerton Municipal Code to include provisions for design review (#AB06-212) 8. COUNCIL MEMBER REPORTS 9. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING rI Americans with Disabilities Act (ADA) accommodations provided upon request. Those requiring special accommodations should contact the City Clerk's Office at (360) 473-5323 by noon on the Monday preceding the Council meeting. CITY COUNCIL MEETING SPEAKERS LIST PLEASE NOTE THAT ALL REQUESTS FOR INFORMATION FROM THE CITY OF BREMERTON MUST BE SUBMITTED IN WRITING. THANK YOU. PLEASE1PRINT'lYOUR NAME BELOW1IF YOU' PLAl'\fT'OJ \sjEAi{ DURING THE COUNCIL MEETING TONIGHT t/; t/;;u/ ;k:d {) ~ dt! ~ P/-IJ 0 A '1/ Y\ C-6v \~\ \ k W uA'~ r- L(vvtGA , ~\ \ ~ 'Grr;DV\ ~'- ;~~<S~t Sc;7) fl., s D Ph 6G .D {/ v It) {~i'JV"C/ /\/ I ' j'lL' (' J. .' ,,-/ I 0 /2t/tt\.(/\/,j . ' /'...(JJ tj r/ ~ ~ I ' ! C~V'~7 R~ ~ +e;..t LOh r a rideV' L\~, ~ [+VWCiVLL - i '/ ' ( i J~ ~c J i :"/ ""' ,J /. '-.,-, i /) j,.__1 .... 17-'....::" ....j , ~_ ,-J . !U ' ;l~ <.<--r C A--=:. ( (t Jr' L....-"'--" -)-t- B.4- Ol ,-I / - ds crv( I\COJJAvJ k ~s~ Vl\\;. ~t: LEN ~-ilLL~R 6i 3-CO<65S BILL# ~--dol DATE SUBMITTED: AGENDA BILL CITY OF BREMERTON CITY COUNCIL SA ........................................................................................ SUBJECT: Claim & Checks Register Approval Committee Meeting Date: COUNCIL MEETING Date: Department: Presenter: Phone: /~-Y-o(P Financial Services Cathy Johnson SUMMARY: ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount): APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: OPERATIONS: ~ COUNCIL PRESIDENT: ~...-jC;;;::::- ~- - -- RECOMMENDED MOTION: Move to approve: 1) Cbeck#'s 3/1& SZ:. - 3//7sY ~ EFT's 9'~ (p()-<7:<? ~ \ CONSENT AGENDA IZJ I $ J3(PffO~, 3S- '" , 2) Regular Payroll for $ 3) Retiree Payroll for /--30--0 (" $ ~ ~" · if- 3 , -~~UNCIL A;;ION: . ~prove-- 0 Deny ~.-D-~~~e o Continue 0 No Action DATE SUBMITTED: 9/OJ..1 /O~ AGENDA BILL CITY OF BREMERTON CITY COUNCIL BILL # _ 010- :1 O;L 58 ........................................................................................ SUBJECT: Minutes of Meeting - .c:o.nf-{' '^^ , dJ..O . ;20::)(0 '~'-f'~ t:frvt1~~ / Committee Meeting Date: NI A COUNCIL MEETING Date: Oc....-W her" 4- i d-QQ 0 Department: City Council" . Presenter: Cecil McConnell, Council President Phone: (360) 473-5280 SUMMARY: Attached are the meeting minutes for the Council Meeting held Sep+-eJr1..-be.r :;>-.0) d-OO <0 A TT ACHMENTS: Meeting Minutes for 5ep1- ~~ .:La) ~ 0 <0 FISCAL IMPACTS (Include Budgeted Amount): None APPROVALS: DEP ARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: CONSENT AGENDA ~ I '---____ i FISCAL/BUDGET: OPERA TIONS: COUNCIL PRESIDENT: '''''''';::;:;~::~."..I(>:>:.{ I~":~':'_" .t..,,:.::,:,;.,:/t";?/ RECOMMENDED MOTION: Move to pass the CONSENT AGENDA as presented. COUNCIL ACTION: l2J Approve r-~~I . LI Deny n Table n Contirme C.] !'-To Action L_-1 DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, September 20, 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, Washington, Wednesday, September 20, 2006, at 5:30 PM, with Council President Cecil McConnell presiding. Council members present were Nick Wofford, Will Maupin, Carol Arends, Dianne Robinson, Mike Shepherd, Wendy Priest, Adam Brockus, and Brad Gehring. 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 Gehrina followed by the invocation provided by Reverend Paul Meeker of Our Saviour's Lutheran 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. MAYOR'S REPORT - Mayor Bozeman... · Gave a briefing on a meeting he held with a Seattle Council Member to solicit support for the Passenger Only Ferry; · Presented a Mayor's Employee Appreciation Award to Gunnar Fredrickson of the Public Works & Utilities Department; and · Introduced Phil Williams, Director of Public Works & Utilities, with Pat Coxon, Wastewater Treatment Plant Manager, presented an Employee Suggestion Award to John Bvkonen, Wastewater Treatment Plant Operations Supervisor for a suggestion he provided to use effluent water instead of water which saved the City PUBLIC RECOGNITION & ANNOUNCEMENTS - There were no comments or announcements CONSENT AGENDA A. Check Numbers 311347 through 311400; and EFT-9230 through EFT-9239 in the amount of $453,186.77 (#AB06-193) B. Meeting Minutes - September 6,2006 (#AB06-194) C. Meeting Minutes - September 13, 2006 (#AB06-195) D. Contract Extension between the City of Bremerton and SOREN NORTHWEST, INC. for Lobbying and Consulting Services (#AB06-196) E. Acceptance of a Public Works Trust Fund Loan (PWTF) Pre-Construction Loan Agreement for the Southwest Bremerton Residential Sewer Extension Project (#AB06-197) F. Professional Services Agreement with URS for Engineering Services for the Southwest Bremerton Residential Sewer Extension Project (#AB06-198) There were no comments from the public Ms. Robinson asked for further discussion of Item 50 to allow clarification of the not-to-exceed amount for lobbying and consulting fees with SOREN NORTHWEST, INC. City Council Reg. Mtg. Minutes Wednesday, September 20,2006 Page 2 of 3 05:46:20 M/S/C/U (Priest/Arends) Move to approve the CONSENT AGENDA as presented; with the exception of Item 50. Laura Lyon, Finance Director, provided information on how the figures were calculated. 05:53:10 M/S/C (Maupin/Arends) Move to approve Item 50 on the CONSENT AGENDA as presented. Voted in favor of Motion: Brockus, Shepherd, Robinson, Arends, Maupin, Wofford, Gehring, McConnell Voted opposed to Motion: Priest Motion carried: 8- Yes; 1-No 6A - ORDINANCE NO. 4979 AMENDING ORDINANCE NO. 4959 RELATING TO THE CITY OF BREMERTON'S 2006 ANNUAL BUDGET (#AB06-199): Laura Lyon, Financial Services Director, explained that the Bremerton City Council adopted the 2006 annual City Budget by Ordinance No. 4959 on December 7,2005. Certain programs have been implemented and actions taken during the year which have an impact on the City's 2006 Budget resulting in the need to amend the 2006 budget document. There were no comments from the public. 06:00:07 M/S/C/U (Brockus/Robinson) Move to approve Ordinance No. 4979 amending Ordinance No. 4959 relating to the City of Bremerton's 2006 Annual Budget. COUNCIL MEMBER REPORTS Nick Wofford expressed his concern that only 30% to 40% ,of registered voters turned out to vote in the Primary Election yesterday. Will Maupin briefed the Council on discussions held at the Puget Sound Regional Council (PSRC) Growth Management Board Meeting last Thursday. Carol Arends discussed several meetings she has recently attended included the Kitsap Regional Coordinating Council (KRCC) Board and Executive Committee Meetings. Dianne Robinson stated that as a Kitsap County Board of Health member, she volunteered to serve on the Child Death Review Committee and discussed their last meeting. She also attended the KRCC Brown Bag Lunch to discuss strategies for Public - Private Partnerships along with fellow Council Member Nick Wofford. Lastly, she reported that she was recognized by the Association of Washington Cities' (AWC) Certified Municipal Leadership Program. Mike Shepherd attended the Grand Opening of the Charleston Ballroom; announced that this Friday is the Admiral Theater Gala; reported that several Bremerton residents competed in the State Senior Olympics held in Salem, Oregon; and lastly, encouraged all citizens to remain active. Wendy Priest thanked all the volunteers who helped clean up the waterfront this past weekend. Adam Brockus announced the next District 3 Meeting would be held on Tuesday, September 26 from 7:00 to 8:30 PM at the Manette Senior Center to discuss the recent sale of the Manette School to the Bremerton Life Assembly Church; and thanked the band MXPX for a great concert held at the Admiral Theater last weekend. City Council Reg. Mtg. Minutes Wednesday, September 20,2006 Page 3 of 3 Brad Gehrina welcomed BLUE MOTORS, a new business; and mentioned the ongoing efforts to revitalize the Westpark community, the new Municipal Court building, and the new Waterfront Boardwalk Trail. He also thanked the band MXPX for returning to Bremerton. With no further business, President McConnell adjourned the Council Meeting at 6: 15 PM. The Council then reconvened in the Council Conference Room for a STUDY SESSION to receive a briefing on "Kitsap Harborside Conference Center Operations" and the "2006 Governor's Economic and Workforce Development Conference". Prepared and Submitted by: ~~/ L SMITH Legislative Assistant Attest: PAULA JOHNSTON, City Clerk CECIL McCONNELL, City Council President CM:PJ:ls:cg DA TE SUBMITTED: <:if (d.-ra /0 <0 AGENDA BILL CITY OF BREMERTON CITY COUNCIL 00- ;!o3 BILL # sc ...........................................a.................................m..a....... SUBJECT: Minutes of Meeting - Sept-emJoW- 271 2-00 (0 Committee Meeting Date: COUNCIL MEETING Date: Department: Presenter: N/A Oc..--tv b~ City Council Cecil McConnell, Council President (360) 473-5280 Phone: SUMMARY: Attached are the meeting minutes for the Council Meeting held 5 e.pt~ 2. 7 I 'J-O 0 0 ATTACHMENTS: Meeting Minutes for 5~-e..-~ 27) :LoG >0 FISCAL IMP ACTS (Include Budgeted Amount): None APPROV ALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: FISCAL/BUDGET: ~~~:~O:~SIDENT. /~/:4;;Z:~C"'?1?,(t RECOMMENDED MOTION: Move to pc{ss the CONSENT AGENDA as presented. I CONSENT AGENDA [gJ I COUNCIL ACTION: C:Sl Approve D Deny D Table , o Continue 0 No Action DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, September 27,2006 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, Washington, Wednesday, September 27, 2006, at 5:30 PM, with Council President Cecil McConnell presiding. Council members present were Nick Wofford, Will Maupin, Carol Arends, Dianne Robinson, Wendy 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 GehrinCl followed by the invocation provided by Council Member Dianne Robinson. President McConnell announced that a Pre-Council Session to discuss General Council Business and an Executive Session to discuss "Pending Litigation" per RCW 42.30.110 (1) were held in Council Conference Room 603 from 5:00 to 5:30 PM; and invited the public to attend the Council STUDY SESSION back in Council Conference Room 603 immediately following the Council Meeting. PUBLIC RECOGNITION & ANNOUNCEMENTS Lynette GeorCle, mother of two sons currently serving in Iraq and founder of a non-profit organization called the "Blue Star Banner Program of Kitsap" was here to ask the City for their assistance with permitting to allow the hanging of banners downtown to recognize and honor local military personnel who are serving in our Armed Forces. President McConnell asked her to leave contact information so he could set up a meeting to discuss her request. Rhonda Stewart invited the public to see gifted jazz artist Mark Lewis who would be featured on Wednesday evenings from 7:00 to 10:00 PM at the Ponderay Cafe through the month of October. Lourdes expressed her concern with the cracking of the boardwalk due to the shifting of the sediments under the Puget Sound due to the weight of the Turner Joy, WALLA WALLA Ferry, and now the new condominiums. Susan Brown appreciated the art work by students under the direction of Steve Priest, Bremerton High School Art Teacher; and appreciated that the Council has again placed the "Public Recognition" at the beginning of the meeting; however her primary concern was that the enforcement process for ethics issues remain objective. ROCler Lubovich assured her that the current proposal leaves the enforcement as it is now. CONSENT AGENDA A. Check Numbers 311401 through 311655; EFT-9229; EFT-9240 through EFT-9259 in the amount of $2,255,557.02; and Regular Payroll in the amount of $755,536.36 for the pay period ending September 15, 2006 (#AB06-200) There were no comments from the public. 05:43:45 M/S/C/U (Priest/Arends) Move to approve the Consent Agenda as presented. City Council Reg. Mtg. Minutes Wednesday, September 27,2006 Page 2 of 2 With no further business, the meeting of the City Council was adjourned at 5:45 PM. The Council reconvened in Council Conference Room 603 for a STUDY SESSION to hear presentations on upcoming agenda items. ~:~) SMITH -- Legislative Assistant Attest: PAULA JOHNSTON, City Clerk CECIL McCONNELL, City Council President CM:PJ:ls:cg DATE SUBMITTED: September 18, 2006 AGENDA BILL CITY OF BREMERTON CITY COUNCIL ftb %0(0 -' aO ~ ~--=---=-=--.--=-""-~-------- 5l> ........................................................................................ SUBJECT: Appointment to the Bremerton Housing Authority Board of Commissioners Committee Meeting Date: COUNCIL MEETING Date: Department: Presenter: Phone: q /J.7 /0 b October 4,2006 Executive Mayor Bozeman 473-5266 SUMMARY: There is a vacancy on the Bremerton Housing Authority Board of Commissioners due to the term expiration of Sharon Cromley. It is recommended the vacancy be filled by Tanya N. Stansberry. ATTACHMENTS: Application for appointment and letter from Interim Executive Director of Bremerton Housing Authority. FISCAL IMPACTS (Include Budgeted Amount): nla APPROV ALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: -----:~ FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: -[ CONSENT AGENDA ~I ,QL RECOMMENDED MOTION: Move to confirm the appointment of Tanya N. Stansberry to the Bremerton Housing Authority Board of Commissioners. COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action m Application For City Boards! Commissions! Committee : ::ii-~ti~~n;~:~:5: ~i:(;:.'..,_;,~':~.i,;.::f,r.;J-,,!:~,:: ' . '-":~'- "" ..';-'-..';;.., ,-, ... .....-..... Note: As an applicant for a City Board, Commission or Committee, your name, address, and telephone number will be available to the press and public. You will be contacted' before any action is taken on your appointment. (Please type or print clearly) Date: 8-7 -06 Name: Tanya FIRST Nicole MIDDLE Stansberry LAST Home Address: 111 Oyster Bay S Apt. C NUMBER STREET Occupation: Design Team Transcriber Home Phone: (360) 479-5000 WA STATE Bremerton CITY 98312 ZIP Employer: Rice Fergus Miller Work Address: 262 4th Street NUMBER STREET Work Phone: (360) 377-8773 WA STATE Bremerton CITY 98337 ZIP Fax: (360) 792-1385 E-Mail: tstansbeny@2rfinarch.com Education: Obtained a GED in 1999 and currently attending Western International University to earn a bachelors degree in business to be completed in 2010. Local References (names and phone numbers): Steve Rice, Partner of Rice Fergus Miller 377-8773 Kathryn Jerkovich, Project Manager 373-4169 Ted Johnson, Marathon Development 425-747-9952 Abby Crisp, Resident Initiatives Manager 782-5431 I am interested in serving (please check one or more): D Disability Action Committee D Civil Service Commission (18 yrs. and older) D Urban Forest Committee D Public Access Citizens Advisory Committee D Community Development Block Grant Advisory Board D Youth Council D Safe Streets Steering Committee t:8J Board of Appeals, Housing/Building Codes D Other D Planning Commission (18 yrs. and older) D Parks & Recreation Commission D Ethics Commission D Parking Advisory Board D Mayor's Select Committee on Law Enforcement ['g] Bremerton Housing Authority D Solid Waste Management D Citizen's Commission on Council Salaries City Appointment Application Page I of2 Is this an application for reappointment? No If yes, how many years have you served on this commission/committee? NA Why are you applying for this appointment? Having served on the Resident Advisory Board and as Chairperson on the Resident Advisory Council, I have a comprehensive understanding of public housing and Section 8 policies and procedures. Which of your personal and/or professional interests prompted you to apply for this appointment? By demonstrating strong leadership abilities, I was able to obtain my current employment at Rice Fergus Miller. Additionally, I am eager to expand my responsibilities as a member of this community and further develop my knowledge of the issues facing low-income families. My personal experience as a member of the Bremerton community has strengthened my desire to help these families become self-sufficient and motivated to improve their lives. Have you ever served on any other Bremerton Board, Commission, Committee or Task Force? If yes, please list: I have served on the Resident Advisory Council for 3 years, one and half of which I been the Chairperson. I was also involved with the Resident Advisory Board's task of providing recommendations for the 2006 annual plan. Please list your qualifications for this appointment (include skills, activities, training, education): I have received formal training regarding resident participation in public housing as well as leadership development. I am very organized, prompt to meetings, and maintain a professional appearance and demeanor. My self motivated and responsible qualities will allow me to perform the duties of Resident Commissioner with confidence and professionalism. What are your community interests (committees, organizations, special activities)? I am involved in the Resident Advisory Council and the Resident Advisory Board. I participate in the PTA at West Hills Elementary and volunteer at the Bremerton Senior Center and Westpark Community Center weekly. In addition, I am a full time student at Western International University. My community involvement and my commitment to getting the job done with quality and efficiency makes me a respected and knowledgeable candidate for this position. I would appreciate the opportunity to demonstrate my abilities and improve the lives of the many families that Bremerton Housing Authority serves. Thank you. We welcome your willingness to serve Bremerton. For more information please contact the Mayor's Office at (360) 473-5266, FAX (360) 473-5883 or via email at mayor@ci.bremerton.wa.us. Please return the completed form to: Mayor's Office, 239 4th Street, Bremerton W A 98337. City Appointment Application Page 2 of2 HOUSING AUTHORITY OF THE CITY OF BREMERTON September 7, 2006 The Honorable Cary Bozeman City of Bremerton Housing Authority 345 - 6th Street, Suite 200 Bremerton, W A 98337 RE: Appointment of Bremerton Housing Authority Resident Commissioner Dear Mayor Bozeman: Bremerton Housing Authority's (BHA) Resident Commissioner, Sharon Cromley's, two-year term expires September 30, 2006. Sixty days prior to Ms. Cromley's term expiration date, as per the housing authority's Rules and Procedures for Appointment of Resident Commissioner, the Executive Director of the housing authority is required to request that the Resident Advisory Board (RAB) submit to the Board of Commissioners names of at least three persons who are qualified to serve as Resident Commissioner. The only two qualifications set forth by HUD for Resident Commissioners are that the person must be a directly assisted person, and must be in good standing with the housing authority. The three persons whose names were submitted to the board by the RAB have been certified to be "assisted persons" and "in good standing with the housing authority." Their applications are enclosed for your consideration. I am also enclosing a copy of the housing authority's policy for selecting a Resident Commissioner and a position description for Resident Commissioner. If you do not find any of the three nominated persons acceptable or have any questions, please advise Abby Crisp, Resident Initiatives Manger for BHA at 360/782-5431 and the Housing Authority will request three additional names. SiQcerely, /'~/:"'~J!G/"') ( {l ~--~~--^____ '_'""-""""_"" ',. David Gitch Interim Executive Director DWG:sa Enclosures Cc: Commissioner Lynn Horton, Chair Abby Crisp, BHA Resident Initiatives Manager 345 6th Street Ste. 200. P.O. Box 4640 . Bremerton, W A 98312 . Phone: (360) 479-3694 . TDD (360) 377-8606' Fax: (360) 377-5355 ~ Equal Housing Opportunity 0 BalTier Free ~ DATE SUBMITTED: September 12,2006 BILL # /1f; If 0 ((; -- ;) c 5" ----=~5~E-- .....8......8.........8............................a8.a......a..................m...m....mDI AGENDA BILL CITY OF BREMERTON CITY COUNCIL A (('\ SUBJECT: PfV'OJc.:'c' CJ~ Communications Tower Lease Agreement W ctk- -rowel(' A9>set 50(0 LL~ J Committee Meeting Date: COUNCIL MEETING Date: Department: Presenter: September 27 2006 October 04,2006 PW & Util P I L Ad ..<"~, au ucas, JT.lm ,.~<<~/ ManagerA~;..ft>>~;~;~"I~:~,~~,,";~.,'>'j'''''' 2328 - , ..' ~~' Phone: SUMMARY: The City currently leases either sites or towers to various communications organizations. The attached Lease Agreement is from Tower Asset Sub, LLC. The current lease expired in July of2006. The new lease will run for a period of 5 years with two five (5) year renewal terms. The new lease agreement states that Tower Asset Sub, LLC will pay the City $1200.00 per' month. (Currently paying $510.75 per month). The tower is multi-purposed and allows for additional antennas. Tower Asset Sub, LLC will pay the City 50% of any revenues received from co- locations on the tower. ATTACHMENTS: Tower Asset Sub, LLC Lease Agreement FISCAL IMPACTS (Include Budgeted Amount): ~ ~ro~" bas. ~. ,..,,~--.....~ ~ ~ ~ \...u::o I~ ~\....~ c..\.....:lo c... - ".__.,e.....~ o-...e.--- c:..ut'___"- '-C-~ -Q~ '""\ "G,~q. t~1 "'^-o.....'it\.. \.. APPROVALS: ~o<... DEPARTMENT DIRECTOR CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: I CONSENT AGENDA ~ r FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: RECOMMENDED MOTION: Move to approve the telcommunications facilities lease agreement with Tower Asset Sub LLC for a five year term, commencing l<l~\/ i' , 2006 and authorize the Mayor to execute the agreement in substantially the same form as presented. COUNCIL ACTION: D Approve D Deny 0 Table o Continue D No Action TELECOMMUNICATIONS FACILITIES LEASE AGREEMENT THIS LEASE AGREEMENT entered into by and between the City of Bremerton, a municipal corporation duly organized and existing under the laws of the State of Washington, as Lessor (hereinafter referred to as "City") and Tower Asset Sub, LLC, a Delaware limited liability company (hereinafter referred to as "lessee") as of this day of , 2006 ( WIT N E SSE T H: 1. PREMISES. The City leases to the Lessee real property located at for housing, installing, constructing, operating and maintaining certain telecommunications facilities, legally described and/or depicted in Schedule A ("Premises"). Lessee accepts the Premises for such purpose, subject to the considerations, tenns and conditions specified in this Telecommunications Facilities Lease Agreement (hereinafter refen-ed to as "Lease"). 2. DEFINITIONS. For the purpose of this Lease, and the interpretation and enforcement thereof, the following words and phrases shall have the following meanings: "Person" means and includes corporations, companies, associations, joint stock companies or associations, finns, partnerships, limited liability companies and individuals and includes their lessors, trustees and receivers; "Public street" means any highway, street, alley or other public right of way for motor vehicle travel under the jurisdiction and control of the City which has been acquired, established, dedicated or devoted to highway purposes, including forest access roads; "Public way" means and includes all public streets and utility easements, as those terms are defined herein, now or hereafter owned by the City, but only to the extent of the City's right, title, interest or authority to grant a permit or lease to occupy and use such streets and easements for telecommunications facilities; "Telecommunications carrier" means and includes every person that directly or indirectly owns, controls, operates or manages plant, equipment or property within the City, used or to be used for the purpose of offering telecommunications service; "Telecommunications facilities" means the plant, equipment and property, including but not limited to, cables, wires, conduits, ducts, pedestals, antennae, towers, electronics, equipment LEASE AGREEMENT - I storage structures and other appurtenances used or to be used to transmit, receive, distribute, provide, house or offer telecommunications services; "Telecommunications provider" means and includes every person who provides telecommunications services over telecommunications facilities without any ownership or management control of the facilities; "Telecommunications service" means the providing or offering for rent, sale or lease, or in exchange for other value received, ofthe transmittal of voice, data, image, graphic and video programming information between or among points by wire, cable, fiber optics, laser, microwave, radio, satellite or similar facilities, with or without benefit of any closed transmission medium. "Utility easement" means any easement owned by the City and acquired, established, dedicated or devoted for public utility purposes not inconsistent with telecommunications facilities. 3. USES AND PURPOSES. Lessee shall have the use and occupancy of the ' Premises for the purpose of transmission and reception of telecommunication and signals in any and all frequencies using real property and telecommunications facilities approved in Schedule A. Lessee shall be responsible for adherence to all federal, state and local regulations pertaining to the operation of a communications facility. Lessee shall have the right, at its expense, to erect and maintain on the Premises improvements, personal property and facilities, as described in Schedule A after obtaining required permits and as approved by City on the Site Plan. City shall provide Lessee access to the Premises at all times reasonable to service the Premises and the telecommunication facilities at all times during this Lease. Lessee agrees to provide the City with a schedule outlining the frequency of required visits (e.g., quarterly maintenance check, monthly site cleanup, etc.) Lessee shall provide the City with a list of all authorized individuals who will have access to the Premises. Notification of changes to the list shall be provided to the City within 24 hours by telephone or fax from the point of contact identified in Section 41 (0), which notice shall be followed by written notification pursuant to Section 41 (0). Lessee shall be responsible for conducting appropriate background checks of all of their employees. Employees visiting the Premises shall be clearly identifiable as employees of the Lessee either by unifonn identification badge or marked company vehicle. LEASE AGREEMENT - 2 4. NON-EXCLUSIVE LEASE. This Lease is nonexclusive and does not preclude the City from granting a similar lease, right, license, franchise, etc. to other carriers, providers or other persons for telecommunications or any other purpose. 5. TERM OF LEASE. This Lease shall be valid for a term of five yeaTes) commencmg and temlinating 6. RIGHTS GRANTED. This Lease does not convey any right, title or interest in the City property, but shall be deemed the right only to use and occupy the City property for the limited purposes and term stated in the Lease. Further, this Lease shall not be construed as any warranty of title. 7. INTERFERENCE WITH OTHER USERS. The Lessee acknowledges that the City may enter into leases with other tenants for their equipment and telecommunications facilities for the purposes of transmitting and receiving telecommunication signals from City property. The City, however, is not in any way responsible or liable for any interference with Lessee's use of the City property which may be caused by the use and operation of any other tenant's equipment, even if caused by new technology. In the event that any other tenant's activities interfere with the Lessee's use of the City property, and such use or operation was not in existence on the date of execution of this Lease, and the Lessee cannot resolve this interference with the other tenants, the City will, upon written request by Lessee, cause such interfering use to cease. Lessee understands that if its use interferes with a prior tenant, and the interference problem cannot be cured, this Lease may be tenninated by the City pursuant to Sections 34 and 35. The Lessee shall cooperate with all other tenants to identify the causes of and work towards the resolution of any electronic interference problem. In addition, the Lessee agrees to eliminate any radio or television interference caused to City-owned facilities or surrounding residences at Lessee's own expense and without installation of extra filters on City- owned equipment. Lessee further agrees to accept such interference as may be received from City operated telecommunications or other City facilities located upon the City property subject to this Lease except those City antenna sites placed upon Lessee's facilities pursuant to Section 10.B. 8. OWNERSHIP AND REMOVAL OF IMPROVEMENTS. All buildings, landscaping and all other improvements, except the telecommunications facility, shall become the property of the City upon expiration or termination of the Lease. In the event that the City requires removal of such improvements after termination of the Lease, such removal shall be accomplished at the sole expense of the Lessee and completed within 30 days after receiving notice from the City requiring removal of the improvements. Additional time may be granted upon the discretion of the City which approval shall not be unreasonably withheld. In the event that telecommunications facilities or other equipment are left upon City property after expiration or termination of the lease, they shall, at the City's option, if not removed by the Lessee upon 30 days written notice from the City, be removed and stored at the expense of Lessee. Stored LEASE AGREEMENT - 3 telecommunications facilities that are not claimed by the Lessee within six (6) months from termination of the Lease shall become the property of the City. 9. CANCELLATION OF LEASE BY LESSEE. A. All Leases are contingent upon the Lessee obtaining all necessary permits, approvals and licenses for the proposed facilities. In the event that the Lessee is unable to obtain all such permits, approvals and licenses, it may cancel its lease, and obtain a pro rata refund in any rents paid, without further obligation by giving 30 days prior written notice to the City. Lessee agrees to restore City property to original condition if cancellation is requested, reasonable wear and tear excepted. B. In the event that the holder of a Lease determines that the City property is unsuitable for its intended purpose, the Lessee shall have the right to cancel the Lease upon 180 days written notice to the City. However, no prepaid rent shall be refundable; except in the event any changes occur with respect to the City's use of the property subsequent to the effective date of this Lease (including but not limited to additional Lessees aspennitted by the City) and such changes result in the property becoming unsuitable for Lessee's intended purpose. 10. COMPENSATION TO THE CITY. A. This Lease is subject to the City's right, which is expressly reserved, to annually fix a fair and reasonable compensation to be paid for the rights granted to the Lessee; starting on the Commencement Date and on the first day of each month thereafter during the term of the Lease, Lessee shall pay rent at a rate of One Thousand Two Hundred and Noll 00 Dollars ($1,200.00) per month, prorated for any partial months. Substantial expansion of the i.nitial configuration contained in Schedule A will result in review and possible re-negotiation of the rental rate contained herein. At the beginning of each successive year thereafter, the monthly rent shall automatically be adjusted based upon the cpr for all urban consumers, Seattle-Tacoma index (1982-84=100) as published by the Bureau of Labor Statistics for the last month for which statistics are posted prior to the effective date above. However, rent shall not, in any case, decrease, nor shall the annual rent increase by more than five (5) percent per year above the annual rent for the preceding year. Any payments received after the due date shall include a late payment penalty of2% of the annual rental fee for each day or part thereof past the due date. B. Additional Consideration. City shall be allowed, at City's sole expense, to attach City's communication antennas to Lessee's telecommunications tower provided City first obtains Lessee's prior written consent for such attachments. Such consent shall not be unreasonably withheld. Lessee's approval for said attachments shall be contingent upon determining whether Lessee's tower is properly engineered to accommodate City's antenna LEASE AGREEtvlENT - 4 system and such transmission shall not result in any impailment or diminution in the quality of Lessee's service. Further, said approval shall be given only after Lessee has reviewed and approved City's engineering plans for said antenna attachments in a location specified by Lessee. Approval shall not be unreasonably withheld. Upon written approval by Lessee, said attachments shall be installed by qualified licensed contractors and in accordance with Lessee's directives for the method of installment and with permits issued by all applicable governmental authorities having jurisdiction which shall first be obtained by City at its sole expense, City acknowledges and agrees that Lessee reserves the right to relocate City's antennas at any time(s) to accommodate modifications required for Lessee's future system requirements, provided such relocation shall provide equivalent quality of service after such relocation. C. Rent Adjustment. On the fourth annual anniversary date of the Commencement Date ofthe Lease (Rent Adjustment Date") the City may adjust the rent due under the Lease in accordance with the following procedure: If the City chooses to adjust the rent, the Rent for the remainder of the Lease term commencing on the Rent Adjustment Date shall be the Fair Market Rental Value. The term "Fair Market Rental Value" shall be the rental rate that comparable space for a wireless telecommunications facility (in terms of quality of location for a similar facility in a similar location) would command on the open market at the time of Rent Adjustment Date. Such amount shall be determined jointly by the City and Lessee through good faith negotiations. If the City determines that a rent adjustment is warranted, it shall so notify Lessee in writing no earlier than one hundred eighty (180) days prior to the Rent Adjustment Date and no later than one hundred twenty (120) days prior to such date of the rental amount it proposes to commence on that date. Lessee shall respond in writing no later than thirty (30) days tram receipt of the City's . notice by accepting the proposed rent amount or if it determines that the proposed rent is unsatisfactory, it shall propose a suitable rental amount. The City and Lessee shall thereafter make a good faith and diligent effort to agree on the rent adjustment amount no later than thirty (30) days after receipt by the City of Lessee's proposed rent adjustment. Failure by the City and Lessee to agree to a rent adjustment is grounds for termination of the lease. D. Pursuant to Section 27 Lessee shall pay to the City 50% of any and all sublessee rent for co-location on Lessee's tower. 11. AMENDMENT OF LEASE. Except as provided within the existing Lease, a new lease application and Lease shall be required of any telecommunications carrier or other entity that desires to expand, modify, or relocate its telecommunications facilities or other equipment located upon City property. If ordered by the City to locate or relocate its telecommunications facilities or other equipment on the City property, the City shall grant a lease amendment without further application. LEASE AGREEtvIENT - 5 12. RENE\V AL APPLICATION. Lessee shall have the right and option to renew this lease for two (2) additional five (5) year renewal terms. If Lessee desires to renew its Lease under this Article it shall, not more than one hundred twenty (120) days nor less than sixty (60) days before expiration of the current Lease, notify the City of its intent to renew the Lease. Upon receiving such notification the city may request the following information if necessary: A. Any additional information required based upon elements of the current Lease agreement between the City and the Lessee; and B. All deposits or charges required pursuant to City ordinances. The City reserves the right to extend the review period for the renewal application if additional information is required. Should all parties not agree to renewal terms, the current lease may be extended on a month-to-month basis at the sole discretion ofthe City. 13. OBLIGATION TO CURE AS A CONDITION OF RENEWAL. No Lease. shall be renewed until any ongoing violations or defaults in the Lessee's performance of the , Lease have been cured, or a plan detailing the corrective action to be taken by the Lessee has been approved by the City. 14. IMPROVEMENTS. During the term of this Lease if Lessee wishes to substantially expand the initial configuration contained in Schedule A, Lessee will submit a new application. 15. POLICE POWER. In accepting this Lease, the Lessee acknowledges 'that its rights hereunder are subject to the legitimate rights of the police power of the City to adopt and enforce general ordinances necessary to protect the safety and welfare of the public and it agrees to comply with all applicable general laws enacted by the City pursuant to such power. 16. INTERFERENCE WITH THE PUBLIC WAYS. The Lessee shall not locate or maintain its telecommunications facilities so as to unreasonably interfere with the use of the public ways by the City, by the general public or by other persons authorized to use or be present in or upon the public ways. All such facilities which interfere with public ways shall be moved by the Lessee, at the Lessee's cost, temporarily or permanently, as determined by the City Public Works and Utilities Director. 17. REPAIR AND EMERGENCY WORK. In the event of an unexpected repair or emergency, the Lessee may commence such repair and emergency response work as required under the circumstances, provided the Lessee shall notify the City as promptly as reasonably possible, before such repair or emergency work commences or as soon thereafter as possible if advance notice is not practicable, LEASE AGREH1ENT - 6 18. MAINTENANCE OF LEASE FACILITIES. The Lessee shall maintain its facilities in good and safe condition and in a manner that complies with all applicable federal, state and local requirements. Lessee shall not permit waste, damage, or injury to the premises including any City property, public ways of the City, other ways or other property, whether publicly or privately owned, located in, on or adjacent thereto. Lessee shall not store any chemicals, hazardous or otherwise, in the well head protection area. Lessee shall not restrict site access to City. City shall have the exclusive right to inspect the Lessee's telecommunications facilities and equipment at any time during the term of this Lease to ensure compliance with the terms and conditions herein; Provided, however, Lessee has the right to be present at all inspections of Lessee's telecommunications facilities and equipment, and City shall give Lessee at least 24 hours prior notice of such intent. 19. SIGNAGE. Lessee shall display proper signage as required by the FCC as well as current signage on telecommunication facilities identifying Lessee, address and a 24 hour phone number. Signage shall be posted and clearly visible at all times. 20. RELOCATION OR REMOVAL OF FACILITIES. Within one hundred eighty (180) days following written notice from the City, the Lessee shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any telecommunications facilities within the public ways or upon City property whenever the City Public Works & Utilities Director shall have detelmined that such removal, relocation, change or alteration is reasonable necessary for: A. The construction, repair, maintenance or installation of any City or other public improvement in or upon the public ways; and B. The operations of the City or other governmental entity in or upon the public ways. Additional time for removal or relocation may be granted at the discretion of the City which extension shall not be unreasonably withheld. If Lessee fails to remove the property upon request by the City, Lessee agrees to reimburse the City for any and all removal costs incurred by the City. 21. REMOVAL OF UNAUTHORIZED FACILITIES. Within thirty (30) days following written notice from the City, Lessee or any person who owns, controls or maintains on behalf of Lessee any unauthorized telecommunications system, facility or related appurtenances within the public ways or real property of the City shall, at its own expense, remove such facilities or appurtenances from the public ways or property of the City. A telecommunications system or facility is unauthorized and subject to removal in the following circumstances: LEASE AGREEMENT - 7 A. Upon expiration or termination ofthe Lessee's Lease without approved extension or renewal; B. Upon abandonment of a facility within the public ways or real property of the City. Any property of a Lessee shall be deemed abandoned if left in place 30 days after expiration or termination of the Lease; C. If the system or facility was constructed or installed without the prior grant of a Lease; D. If the system or facility was constructed or installed without the prior issuance of a required City permits; and E. If the system or facility was constructed or installed at a location not permitted by the Lease. Provided, however, that the City may, in its sole discretion, allow a Lessee, or other such persons who may own, control, or maintain telecommunications facilities within the public ways or property of the City to abandon such facilities in place. No facilities of any type may be abandoned in place without the express written consent of the City. Any plan for abandonment or removal of a Lessee's facilities must be first approved by the Public Works and Utilities Director, and all necessary permits must be obtained prior to such work. Upon authorized pennanent abandonment of the property of such persons in place, the property shall become that of the City, and such persons shall submit to the City an instrument in writing, to be approved by the City Attorney, transferring to the City the ownership of such property in which event, Lessee shall have no further obligations or liability with respect to such property or facilities. The provisions of this Section shall survive the expiration, revocation, or termination of the Lease granted hereunder. If the City does not authorize abandonment and Lessee fails to remove such facilities within thirty (30) days following notice, Lessee agrees to reimburse the City for any and all costs incurred by the City for facilities removal. 22. EMERGENCY REMOVAL OR RELOCATION OF FACILITIES. The City retains the right and privilege to cut or move any telecommunications facilities located within the public ways of the City and upon City property, as the City may determine to be necessary, appropriate or useful in response to any public health or safety emergency. The City shall not be liable to Lessee, or any other party for any direct, indirect, or any other such damages suffered by any person or entity of any type as a direct or indirect result of the City's actions under this Section. 23. DAMAGE TO FACILITIES. Unless directly and proximately caused by the willful, intentional or malicious acts by the City not otherwise authorized herein, the City shall not be liable for any damage to or loss of any telecommunications facility upon City property or LEASE AGREEMENT - 8 within the public ways of the City as a result of or in connection with any public works, public improvements, construction, excavation, grading, filling, or work of any kind on such City property or within the public ways by or on behalf of the City. 24. RESTORATION OF PUBLIC \V A YS, OTHER WAYS AND CITY PROPERTY. A. When the Lessee, or any person acting on its beha1f~ does any work in or affecting any public ways, other ways or City property, or when Lessee, or any person acting on its behalf damages any public ways, other ways or City property, it shall, at its own expense, promptly remove any obstructions therefrom and restore such ways or property to City construction standards as adopted before the work was undertaken, unless otherwise directed by the City. Lessee shall obtain all requisite permits for such work. B. If weather or other conditions do not permit the complete restoration required by this Section, the Lessee shall temporarily restore the affected ways or property. Such temporary restoration shall be at the Lessee's sole expense and the Lessee shall promptly undertake and complete the required permanent restoration when the weather or other conditions no longer prevent such permanent restoration. C. The Lessee or other person acting in its behalf shall use suitable barricades, flags, flagmen, lights, flares and other measures as required for the safety of all members of the general public and to prevent injury or damage to any person, vehicle or property by reason of such work in or affecting such ways or property. D. The Public Works and Utilities Director shall be responsible for inspection and final approval of the condition of the public ways, other ways, and City property following any construction and restoration activities therein. Further, the provisions of this Section shall survive the expiration, revocation, or termination of this Lease. 25. FACILITIES MAPS. The Lessee shall provide the City with a map or maps accurately reflecting the horizontal and vertical location and configuration of all of its telecommunications facilities within the public ways and upon City property. The Lessee shall provide the City with updated maps upon request by the City. 26. BOOKS, RECORDS AND MAPS. All books, records, maps and other documents, maintained by the Lessee with respect to its telecommunications facilities within the public ways and upon City property shall be made available for inspection by the City at reasonable times and intervals; Provided, hovvever. that nothing in this Section shall be construed to require the Lessee to violate state or federal law regarding subscriber privacy, nor shall this Section be construed to require the Lessee to disclose proprietary or confidential infonnation without adequate safeguards for its confidential or proprietary nature. LEASE AGREEMENT - 9 27. LEASED CAPACITY AND CO-LOCATION. Lessee shall have the right, with prior City approval, to sublet the premises consistent with this Lease; provided: A. The Lessee shall furnish the City with a copy of any such proposed lease or agreement between the Lessee and its sub-lessee; B. The sub-lessee has complied, to the extent applicable, with the requirements contained in this Lease; C. The Lessee owns and/or controls the tower facility located on City property; D. The City and Lessee shall agree upon additional rental fee for sub-lessee hook-ups pursuant to Section 10.D. The City encourages co-location on existing telecommunications facilities and to that. end will not unreasonably withhold any approvals required by the City. 28. UTILITIES. Electricity, HV AC and telephone service, or other utilities are to be provided to the Premises and Site at Lessee's expense and as outlined in Schedule A. City shall cooperate with Lessee in obtaining utility service. 29. LICENSES AND TAXES. Upon commencement ofthe Lease, Lessee shall be responsible for paying real or personal property, excise leasehold, business and occupation, and/or other taxes or licenses which may in the future be assessed as a direct result of the Lessee's operations at the telecommunications facilities described herein. 30. INSURANCE. The Lessee shall, as a condition of the Lease, secure and maintain the following liability insurance policies insuring both the Lessee and the City, and its elected and appointed officers, officials, agents, employees, representatives, engineers, consultants, and volunteers against claims for injuries to persons or damages to property which may arise from or in connection with the exercise of the rights, privileges, and authority granted to the Lessee: A. Comprehensive general liability insurance, written on an occurrence basis, with limits not less than: (1) $2,000,000.00 for bodily injury or death to each person; (2) $2,000,000.00 for property damage resulting from anyone accident; and LEASE AGREEMENT - 10 (3) $2,000,000.00 for all other types of liability. B. Automobile liability for owned, non-owned and hired vehicles with a limit of $2,000,000.00 for each person and $2,000,000.00 for each accident; C. Worker's compensation \vithin statutory limits and employer's liability insurance with limits of not less than $1,000,000.00; D. Comprehensive form premises-operations, explosions and collapse hazard, underground hazard and products completed hazard with limits of not less than $2,000,000.00; E. The liability insurance policies required by this Section shall be maintained by the Lessee throughout the term of the Lease, and such other period of time during which the Lessee is operating without a Lease hereunder, or is engaged in the removal of its telecommunications facilities. The Lessee shall provide an insurance certificate, together with an endorsement designating the City, and its elected and appointed officers, officials, agents, employees, representatives, engineers, consultants, and volunteers as additional insureds, to the City prior to the commencement of any work or installation of any facilities pursuant to said, Lease. Any deductibles or self-insured retentions must be declared to and approved by the City. Payment of deductibles and self-insured retentions shall be the sole responsibility of the Lessee. The Lessee's insurance shall be primary insurance as respects the City, its officers, officials, employees, agents, consultants, and volunteers. Any insurance maintained by the City, its officers, officials, employees, consultants, agents, and volunteers shall be in excess of the Lessee's insurance and shall not contribute with it. The City shall be provided thirty (30) days advance notice of cancellation of any coverages required in 30.A. above; F. Within thirty (30) days after receipt by the City of said notice, and in no event later than fifteen (15) days prior to said cancellation or intent not to renew, the Lessee shall obtain and furnish to the City replacement insurance policies meeting the requirements of this Section. 31. GENERAL INDEMNIFICATION. Lessee covenants not to bring suit against the City and hereby agrees to defend, indemnify, and hold harmless the City, its appointed and elected officers, employees, agents and volunteers from and against any and all liability, loss, costs, damage, and expense, including costs and attorney fees in defense thereof, and including claims by the Lessee's own employees to which the Lessee might othelwise be immune under Title 51 RCW, because of actions, claims or lawsuits for damages resulting from personal or bodily injury, including death at any time resulting therefrom, sustained or alleged to have been sustained by any person or persons, and on account of damage to property, arising or alleged to have arisen directly or indirectly out of or in consequence of the performance of this Agreement, whether such injuries to persons or damage to property is due to the negligence of the Lessee, its agents, employees, representatives or assigns. This provision shall be inapplicable to the extent LEASE AGREEMENT - I] such damage or injury is judicially found to be caused by the sole negligence of the City. This provision waiving immunity for claims arising out of Title 51 RCW was specifically negotiated by the parties. Lessee assumes the risk of damage to its facilities located in the City's public ways, rights-of- way, easements, and property from activities conducted by the City, its officers, employees, agents, and volunteers. The Lessee releases and waives any and all claims against the City, its officers, employees, agents, and volunteers for damage to or destruction of the Lessee's facilities except to the extent any such damage or destruction is caused by the willful and malicious action of the City, its officers, employees, agents, or volunteers. 32. CONSTRUCTION AND COlVIPLETION BOND. A performance bond written by a corporate surety acceptable to the City equal to at least 100% of the estimated cost of constructing the Lessee's telecommunications facilities within the public ways ofthe City or upon City property shall be deposited in the event construction is commenced. A. Except as provided below, the constructipn bond shall remain in force until 60 days after substantial completion of the work, as determined by the City, includinK restoration of public ways and other property affected by the construction. B. The construction bond shall guarantee, to the satisfaction ofthe City: (1) Timely completion of construction; (2) Construction in compliance with applicable plans, permits, technical codes, and standards; . (3) Proper location of the facilities as approved by the City; (4) Restoration of the public ways and other public or private property disrupted, damaged, or otherwise affected by the construction. The construction bond shall warrant said restoration work for a period of 1 year; (5) The submission of 'as-built' drawings after completion of the work as required by this Chapter; and (6) Timely payment and satisfaction of all claims, demands or liens for labor, material or services provided in connection with the work. 33. ASSIGNMENTS OR TRANSFERS OF LEASE. Ownership or control of a Lease may not, directly or indirectly, be transferred, assigned or disposed of by sale, lease, LEASE AGREEMENT - 12 merger, consolidation or other act of the Lessee, by operation oflaw or otherwise, without the prior written consent of the City, which consent shall not be unreasonably withheld or delayed, except as expressed by ordinance and then only on such reasonable conditions as may be prescribed therein. A. No Lease shall be assigned or transferred in any manner within twelve (12) months after the initial grant of the Lease, unless otherwise provided. B. Absent extraordinary and unforeseeable circumstances, system or integral part of a system shall be assigned or transferred before construction ofthe telecommunications facility has been completed. C. The Lessee and the proposed assignee or transferee of the system shall provide and certify the following information to the City not less than sixty (60) days prior to the proposed date of transfer: (1) Complete information setting fort? the nature, terms and condition of the proposed transfer or assignment; (2) All information required of a lease applicant with respect to the proposed transferee or assignee; and (3) An application fee. D. No transfer shall be approved unless the assignee or transferee has the legal, technical, financial, and other requisite qualifications to qwn, hold and operate the telecommunications facility pursuant to this Lease. E. Unless otherwise provided in this Lease, the Lessee shall reimburse the City for all direct and indirect costs and expenses reasonably incurred by the City in considering a request to transfer or assign this Lease. No approval shall be deemed approved until all such costs and expenses have been paid. F. . Any transfer or assignment of the lease, system, or integral part of a. system without prior written approval of the City under this Section or pursuant to the Lease shall be void and is cause for revocation of the lease. G. Lessee shall make no assignment or transfer of this Agreement without obtaining the wlitten consent of Lessor, which consent shall not be unreasonably withheld. 34. TRANSACTIONS AFFECTING CONTROL OF LEASE. Any transactions which singularly or collectively result in a change of 50% or more of the ownership or working LEASE AGREEMENT - 13 control of the Lessee, of the ownership or working control of the telecommunications facility, of the ownership or working control of affiliated entities having ownership or working control of the Lessee or of a telecommunications facility, or of control of the capacity or bandwidth of the Lessee's telecommunication system, facilities or substantial parts thereof, shall be considered an assignment or transfer requiring City approval pursuant to Section 33 hereof. Transactions between affiliated entities are not exempt from City approval. The Lessee shall promptly notify the City prior to any proposed change in, or transfer of, or acquisition by any other party of control of Lessee's company. Every change, transfer, or acquisition of control of a Lessee's company shall cause a review of the proposed transfer. In the event that the City adopts a resolution or other appropriate order denying its consent and such change, transfer or acquisition of control has been effected, the City may cancel the Lease. Approval shall not be required for mortgaging purposes or if said transfer is from the Lessee to another person or entity controlling, controlled by, or under common control with the Lessee. 35. REVOCATION OR TERMINATION OF LEASE. The Lease granted by the City to use or occupy public ways of the City or City property may be terminated for the following reasons: A. Lessee's construction or operation in the City or in the public ways of the City or upon City property without proper City authorization; B. Lessee's construction or operation at an unauthorized location; C. Unauthorized substantial transfer of control of the Lessee; D. Unauthorized assignment of Lease; E. Unauthorized sale, assignment or transfer of Lessee's Lease, assets, or a substantial interest therein; F. Misrepresentation by or on behal f of the Lessee in any application or written statement upon which the City relies in making the decision to grant, review or amend said Lease; G. City property; Abandonment of telecommunications facilities in the public ways or upon H. Failure to relocate or remove facilities as required in this Lease; I. Failure to pay taxes, compensation, fees or costs when and as due the City; J. Insolvency or bankruptcy of the Lessee; LEASE AGREEMENT - 14 K. Failure to construct or operate in accordance with approved permits; and L. Violation of any material provision or term of this lease. 36. NOTICE AND DUTY TO CURE. In the event that Lessee is in violation of or defaults under the provisions of the Lease, the Lessee shall be given written notice of the apparent violation, default or non-compliance, providing a short and concise statement of the nature and general facts of the violation, default or non-compliance, and providing the Lessee a reasonable period of time not exceeding 90 days to cure the violation. 37. STANDARDS FOR REVOCATION OR LESSER SANCTIONS. If the City Council determines that a Lessee willfully violated or failed to comply with any of the provisions of this Lease after notice is given the Lessee by the City under the provisions of this Lease, then the Lessee shall forfeit all rights conferred hereunder and the Lease may be revoked or annulled by the City. The City may elect, in lieu of the above and without any prejudice to any of its other legal rights and remedies, to pursue other remedies qnd to recover damages and costs incurred by the City by reason of the Lessee's failure to comply. 38. NOTICE OF ENTRY ON PRIVATE PROPERTY. If directed by the City, at least 24 hours prior to entering private property or streets or public easements adjacent to or on such private property to perform permitted new construction or reconstruction, a notice indicating the nature and location of the work to be performed shall be physically posted, at no expense to the City, upon the affected property by the Lessee. A door hanger may be used to comply with the notice and posting requirements of this Section. The Lessee shall make a good faith effort to comply with the property owner/resident's preferences, if any, on location or placement of underground installations (excluding aerial cable lines utilizing existing poles and existing cable paths), consistent with sound engineering practices. Provided, however, that nothing in this Lease shall permit the Lessee to unlawfully enter or construct improvements upon the property or premises of another. 39. SAFETY REQUIREMENTS. The Lessee, in accordance with applicable federal, state, and local safety requirements shall, at all times, employ ordinary care and shall install and maintain and use commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injury, or nuisance to the public and/or workers. All structures and all lines, equipment and connections in, over, under, and upon the streets, sidewalks, alleys, and public ways or places of a Lease area, wherever situated or located, shall at all times be kept and maintained in a safe, suitable condition, and in good order and repair. The City reserves the general right to see that the telecommunications facility of the Lessee is constructed and maintained in a safe condition. If a violation of the National Electrical Safety Code or other applicable regulation is found to exist by the City, the City will, after discussions with the Lessee, establish a reasonable time for the Lessee to make necessary repairs. If the LEASE AGREEMENT - 15 repairs are not made within the established time frame, the City may make the repairs itself or have them made and collect all reasonable costs thereof from the Lessee. 40. LIENS. Lessee shall not permit any lien to be imposed upon the property of the City as a result of work done by or on behalf of user and shall indemnify and hold the City harmless against any and all expenses, including reasonable attorney's fees and court costs in connection with any such lien. 41. MISCELLANEOUS. A. This agreement shall be governed by the laws of the State of Washington. B. The substantially prevailing party in any litigation arising hereunder shall be entitled to its reasonable attorney's fees and court costs, including appeals, if any. C. Each party agrees to furnish the other, within ten (l0) days after request, such truthful estoppel information as the other may reasonably r,equest. D. This Lease constitutes the entire agreement and understanding ofthe parties, and supersedes all offers, negotiations and other agreements. There are no representations or understandings of any kind not set forth herein. Any amendments to said Lease must be in writing and executed by both parties. E. If either party is represented by a real estate broker in this transaction, that party shall be fully responsible for any fee due such broker. F. If any term of this Lease is found to be void or invalid, such invalidity shall not atfect the remaining terms of this Lease, which shall continue in full force and effect. G. Any notice or demand required to be given herein shall be made by certified or registered mail, return receipt requested, to the address ofthe respective parties set forth below: LESSOR: City of Bremerton Attn: Public Works & Utilities Administrative Manager 3027 Olympus Drive Bremerton, W A 98310-4799 LESSEE: .\ hl'~'lEJt.iL,~rJ l ::-j",v':f;rZ. , . ,. - . u__~ I .\ Attn: Lf'~jD fVL.~i\i;}(iIi''\i_,v;f 'J I . f r~) r 2..:'; ~ r i ~J.i.: t'v'i: ,;r ~ t\,~:\ "1 , , , ~'~lO€)~)~~tJ'jJ lVl.A C:11i(Cj! '\. ,1',. "1."" ....'\iis>;O/,,'~) \Jf':'!tr,} 1 ;J........U . '/ . , , C\ " ! 1 v 1"1 \j N.r ll~ 11-'f~'N r J VI n t?~)sr);V ~ t..;j,;Pr V"2"jtb , !I, " t"r/-.rl\~' U:i:r'fiL," The individuals identified in this paragraph shall be the specific point of contact for each party regarding all topics. Any change to this point of contact shall be delivered to the other party in LEASE AGREEMENT - 16 writing by certitied or registered mail, return receipt requested. All payments will be sent to the above address. 42. FIRE PRECAUTIONS. Lessee will ensure that all Forest Protection Regulations and Fire Precaution Levels (IFPLs) are observed during closed season (April 15 - October 15). Lessee shall be responsible for checking IFPLs and keeping activities within those allowed for a specitic IFPL. Washington State Department of Natural Resources regulates forest land activities and provides daily IFPLs vial telephone and the internet. 43. NONDISCRIMINATION. Lessee shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status or disability, except employment actions based on a bona fide occupational qualification. By: Its: > I ./j ,/' / / /1/ / /<:;/;.;;>/ >~. / /,.;;,", /';./ \"-1--...". ::.:;):/':/\// . \. ( -.....- ./'/~ \AS).! '0. fJuz,:crr /.-;." ') ~ l ,/ Lli.U,-tOi7.., L..iV't? l\14'/.,~'-f:>1~.vf LESSEE Date: ,,/,,- ,.-- / /' .-:q~ / "" .lr~:1 ~'~~~:, CITY OF BREMERTON Date: CARY BOZEMAN, Mayor APPROVED AS TO FORM: ROGER A. LUBOVICH, City Attorney II I I LEASE AGREEMENT - 17 ,,4 ,/ t'! <'1.1./ State of ) ) ) ) .l On this ~)?I~d;;~f ,/<f..,t1/C~F:-:F"", 20 t) 6 , personqlly appe<g:ed .-t ? I J r:L. rl f,.....<t J ,p1.Srf,h ,_ ~J'.?" J, l't- ir.f~ 11 to m~lUlown to be the V;red-.w #/1~'" if I t e "f;J,.V<r /1s:re:i-. ;;~b,'_, t...t..(' , a tJ.pJ~~</ L... 1.- (:...- I' corporation, that executed the within 'and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. .^ (i /lfl,Jjj _/,'/ l.>;, iJ! tf ,I t~-( t::',>'_"-' ss. County of In witness whereof! have hereunto set my hand and affixed my official seal the day and year first ~~IWfflr~ ~~~' NDJ/~ ~""~ ~ ........"'V ~ ~ <\\tl-P1RES '0. ~ ~ f&" .'~r;:j nt)' 1 ,0. ~ ~ ".. b ~ '" .. ~ ....~.~"'Q . - :<...-:~ .-: -. .00..; - .... :<(.uc:c" J'U- ...,,-.~ .-: ::':.,o'~ .-1- ~~.. .~~ ,. . ~ ~ 6. o. C04..~ .~&-.. ~ ~..., · . ;''''UNN'C}3-..,~ ~ ~ ....... *' ~ ..ur:\."1' ~ ~ State or'4llJshil~lIJl \\\\'~ IlImllau'\" _.,~-;:,,1>"') - .C:<.':;::' ._-;:~:::=:~~::: ./ _..-.:..-.__.........,...:,,//.- Notary Public in and for the State of /(/l.,-k..>-> R 'd' I ./1 J ., ..{ est lllg at vv...... ,;. f:O,<cl"?#. /vJ /r- My commission expires: i.I / / :?;;.<.L(') Ii County of Kitsap ) ) ) ss. On this day of ,20--,--, personally appeared Cary Bozeman to me known to be the Mayor.of the City of Bremerton, a municipal corporation, that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. In witness whereof! have hereunto set my hand and affixed my official seal the day and year first above written, Notary Public in and for the State of Washington Residing at My commission expires: RECEIVED FOR FILING: PAULA JOHNSTON, City Clerk R:\LEGAL \Contracts\FORM S\T e1eCOITlI1lUIl icatioll F acil ities Lease. form. doc LEASE AGREEMENT - I R EXHIBIT 'A' DESCRIPTION: TEE NORTW~EST QU&QTER P~D TH~ SOuLh~~EST QUAQTER ~~D TH~ W~ST ~~F OF THE NORTHEAST QU~~TE: PRO WEST ~;LF OF THE NORTHWEST QUARTER OF iriS SOuLHEF~T QQ~TER OF SECTION 29, TO~NSHI? 2, NORTH, RPRG~ 1 EAST, W.M., IN KITSAP COG~TY, W.~HINGTON; EXCEPT THE FOLLOWING: THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QU.uM~TER, S~CTION 29, TOWNSHIP 24 NORTH, ~~~GE 1 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 396 FEET EAST AJrD 15 FEET NORTH OF THE SOul~~lEST CO~~ER OF SAID NORTW~EST QUA~TER OF TH~ SOuLH~.~T QUA.~TER; THENCE EAST .~J..ONG A LINE P&~LEL TO A."ID DISTA.~T 15 FEET NORTH OF THE SOUTH LINE OE=' SAID NORTh'W~ST QU&t:{TER OF THE SOUTHEAST QUA.,-TEF TO THE EAST LINE OF THE SOUTH ~~F OF THE SOuLh~EST QU.~qTER OF THE NORThwEST QU&t:{TER O? THE SOuiHE.~T QU&~TER OF SAID S~CTION 29; THENCE NORTH ALONG SAID EAST LINE TO THE NORTHEj~~T CORNER OF SAID SOULE H.Zl.LF OF THE SOUThl-lEST QU;'_~TER OF' TEE NORTW~EST QUARTER OF THE SOulHEAST QUARTER; TrlENCE WEST ALONG THE NORTH LINE THEREOF TO A POINT 396 FEET ~~~T OF THE NORT~~EST CO~~~R OF SAID SOUTH P~J..F OF THE SOu12'WEST QUPRTER OF THE NORThw~ST QUARTER OF TEE SOUTHE.~T QU.u2TER; THENCE SOUTH ON A ST~~IGhl LINE TO THE POINT OF BEGINNING. (:~~ \,~._~!.L\ \'.11' \ ' (J4:!:_:.J // EXHIBIT "8" EXISTING 20' WIDE \ . CRAVEL ACCESS DRIVE .\ PROPOSED 12'x 11'i: GRAVEL ACCESS DRIvE EXISTING TREES TO BE REMOVED \"'0. ., ~.. " ,.~: <> l...._.'.-.~,...L~. ..'..:'....: . " . . i .. : ;',-r.-. .."., N EF) SITE PU~~IS 30' mn:s 1) PLN~ SHOWN IS ^ GR!,PHIC REPf~[S[NTI\ TiON Ole LI:AS[ I\REA. 2) HilS "[;(HI[311 S' MAY BE AMENDED OR ADDED TO AT ANY TI~1E EXISTING .34'x12' EQUIPMENT SHELTER EXISTING GRAVEL PARKING AREA EXISTING 190' r1v66'86, LATTICE rOWER "~ 50 - OO"W C) C) ,OO'~ C) ,C) _ &/~ .; !.~ EXISTING FFNC[ 61.C) &I.(t l/v -< ! / ( - " So S66~'OO' '86t::~, oo'~ [- NORTHE. AST CORNER 1 OF SECTION 29 S50'2S'27:' ." 2634 \ 9 +i b I o lfJ EXISTING 60'xSO' US WEST CELL SITE '( '-t, '\'-,.' il'~fA/ ....Wl '/~>//>'// . '"," ;. ./' /,,- / /,' .... .' ,'; \/'/,// {./ J>;~~> ~. / \:,;" /"";-.-< J' \ PARCEL# 292401-2-022-2008 PROPOSED 4S'x4S' LEASE AREA; SEE SHEET 2 OF 2 60' SITE PLAN - 1 OF 2 ONECOMM COMMUNICATIONS BREMERTON/C/1Y 3 OFF OLD BELFAIR HIGHWAY SITE NUMBER: WA0554022Z-3 DATE: APRIL 17, 1995 REV(# 1): JUNE 20, 1996 X. ONECOMM I~I_ WA55J-8.DWC M,)C (-;/:w 9G EXHIBIT "B" PROPOSED FENCE; (4) SIDES w f-- I- - UJ Ul _-/-I ~---' b d lUlU o::::l uJ . of- I-<!] X w I i , ! PROPOSED' 12'-- WIDE ;GA TE EXISTING TREES TO BE REMOVED PROPOSED 12'x 1Ft GRAVEL ACCESS DRIVE" .>< PROPOSED lS0' LATTICE TOWER - PROPOSED 4S'x4S' LEASE AREA <( w -0 Cl::: I <( en ". I './ II 1\ If . I "'-i' I I I I :x CXIC;T!NC 20' WI[)E Ci-~AVF L I\CCE(;~) IWIVI --- ------7(- >< ,/' I, I . IX Ii, _':"'-1( 1 / " " " " " ,," I ,. -- x. ~ x 4S'-0" LEAS[ AR[A j I "'.... . " ./b.. 1". ,/ ',_. ~l ~;i;~~-\ -i~ ,./~ ENLARGED SITE ;':~',i~ - 2 OF 2 ONECOMM CUMMUNICATIONS BREMERTON/CITY 3 OFF OLD BELFAIR HIGHWAY N /T ~~]) SITE; PLAN U' S' 10' 20' NO TfS 1) Pl.N,) SHOWN IS A GRAPHIC REPRESENTATION OF l.EASE AIC;:CA. 2) THIS" [XiliOll Ef 1\1AY BE AMENDED OR ADDEO TO AI ANY TIME I \ , j PROPOSED 11 x20' PREFABRICATED EQUIPMENT SHELTER PARCEL# 292401-2-022-2008 WA0554022Z-3 APRIL 17, 1995 JUNE 20, 19996 W^5~i3-8DWC ~JG G!':?C!iJG DA TE SUBMITTED: August 23, 2006 BILL # 010..-' d-O'~ AGENDA BILL CITY OF BREMERTON CITY COUNCIL SF ........................................................................................ SUBJECT: RESOLUTION # 3 () I D AMENDING RESOLUTION #3004 TO CORRECT SALES PRICE Committee Meeting Date: COUNCIL MEETING Date: Department: Presenter: Phone: 9 /~7/01n Ssptt~mbir 6, 2096-1l>/ct!DIO PW&U, Engineering' Michael C. Mecham 473.5288 SUMMARY: On July 19,2006, Resolution #3004 was passed declaring property located between Trenton Avenue and Jacobsen Boulevard surplus and approving the sale of this property. The sale price was calculated using the tax assessed square foot value of each parcel of property, however, the square footage attributed to each parcel was incorrect. This resolution amends Section 2 of Resolution No. 3004 to correct the sale price ofthe subject property. ATTACHMENTS: 1.) Council Summary 2.) Resolution # 30 \ 0 3.) Resolution # 3004 FISCAL IMPACTS (Include Budgeted Amount): The City shall receive $14,190 for the property transfers. APPROVALS: DEP ARTMENT DIRECTO CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: RECOMMENDED MOTION: Move to pass Resolution # ~ amending Section 2 of Resolution # 3004. ~ I CONSENT AGENDA ~ I COUNCIL ACTION: 0 Approve 0 Deny 0 Table ab, Agenda Bills 2006, Reso Amending Reso 3004 Correct Sales Price o Continue 0 No Action Council Summary Amending Resolution #3004 On July 19, 2006, Resolution #3004 was passed declaring property located between Trenton Avenue and Jacobsen Boulevard surplus and approving the sale of this property. The sale price was calculated using the tax assessed square foot value of each parcel of property, however the square footage attributed to each parcel was incorrect. This resolution amends Section 2 of Resolution No. 3004 to correct the sale price of the subject property. The westerly parcel was previously calculated to be 1800 square feet, and in actuality is 1202 square feet. Using an assessed value of $5.28 per square foot for a total sale price of $6,350. The easterly parcel was previously calculated to be 1545 square feet, and in actuality is 1593 square feet. Using an assessed value of $4.92 per square foot for a total sale price of $7,840. So that the total sales price reflected in Resolution #3004 is incorrect at $17,100, and needs to be corrected to reflect the true price of $14,190. RESOLUTION NO. 3010 A RESOLUTION of the City Council of the City of Bremerton, Washington, amending Section 2 of Resolution No. 3004 to correct the sale price of the subject property. WHEREAS, on July 19, 2006, City Council approved Resolution No. 3004 authorizing the sale of a 12 foot strip of real property between Trenton Avenue and Jacobsen Boulevard to the original conveying property owners; and WHEREAS, Section 2 of Resolution No. 3004 indicated the sale price for the westerly parcel to be $9,500 and $7,600 for the easterly parcel; and WHEREAS, the sale price was calculated using the tax assessed square foot value for each parcel, however, the square footage attributed to each parcel was incorrect; and WHEREAS, the westerly parcel is approximately 1,202 square feet and the tax assessed value is $5.28 per square foot for a total sale price of$6,350; and WHEREAS, the easterly parcel is approximately 1,593 square feet and the tax assessed value is $4.92 per square foot for a total sale price of$7,840; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Section 2 of Resolution No. 3004 is hereby amended to authorize the sale westerly parcel for the tax assessed value of $5.28 per square foot (for a sale price estimated to be $6,350 based on approximately 1,202 square feet) and to authorize the sale of the easterly parcel for the tax assessed value is $4.92 per square foot (for a total sale price estimated to be $7,840 based on approximately 1,593 square feet). SECTION 2. Severability. If anyone or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 3. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. of PASSED by the City Council of the City of Bremerton, Washington this ,2006. day CECIL McCONNELL, Council President Surplus and Sale of Property Between Trenton Avenue and Jacobsen Boulevard APPROVED AS TO FORM: ROGER A. LUBOVICH, City Attorney R:\Legal\Legal\Resolutions\Surplus and Sale re Trenton.amend.doc ATTEST: PAULA JOHNSTON, City Clerk 2 Surplus and Sale of Property Between Trenton Avenue and Jacobsen Boulevard RESOLUTION NO. 300'/ 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 City acquired the 12 foot strip of property from two properties, in 1952 for a walkway between Trenton Avenue and Jacobsen Boulevard, more particularly described in Exhibit A; and WHEREAS, the walkway has never been constructed by the City of Bremerton, and the current and past property owners on the original conveying properties have had continuous use of the City property; and WHEREAS, the City has no current or future plans for construction of the walkway, and the 12 foot strip would be unusable for any property owner except for the original conveying properties due to its size and shape; and WHEREAS, BMC 2.78.010(c) provides that if the real property has value only to an abutting owner of land, the City shall notify the abutting owner that the property is for sale and allow them an opportunity to submit an offer to purchase the property and/or match any offer presented;. and WHEREAS, the abutting property owners of the real property between Trenton Avenue and Jacobsen Boulevard have expressed a desire to purchase the property; 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 property value was determined by using the 2006 Kitsap County Assessor's valuation for the abutting parcels; 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 is hereby declared surplus to the City's needs and approved for sale to the original conveying property owners pursuant to BMC 2.78.010. SECTION 2. The sale price for the westerly parcel shall be $9,500 and the sale price for the easterly parcel shall be $7,600. 1 Surplus and Sale of Property Between Trenton Avenue and Jacobsen Boulevard SECTION 3. The original conveying property owners shall be notified that the property is for sale and will be allowed an opportunity to submit an offer to purchase the property at the price stated in Section 2 herein. SECTION 4. The property, if sold, shall be conveyed by Quit Claim Deed. SECTION 5. The Mayor is hereby authorized to finalize and execute a Purchase and Sale Agreement with substantially the same terms and conditions as described herein. SECTION 6. The Mayor is further authorized to execute any and all other documents, including but not limited to quit claim deeds and real estate excise tax affidavits, necessary to complete the transaction. SECTION 7. Severability. If anyone or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 8. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. dASSED by the City Council of the City of Bremerton, Washington this /i::t:L.J of 'f.L~r ,2006.. . ~~~ent day R:\Legal\Legal\Resolutions\Smplus and Sale re Trenton.2.doc APPROVED AS TO FORM: ~A~;:OV1~Atl6>~ 2 Surplus and Sale of Property Between Trenton Avenue and Jacobsen Boulevard DATE SUBMITIED: 9/20/2006 BILL # AGENDA BILL CITY OF BREMERTON CITY COUNCIL ~ ~8()6-;2.07 ~ ...........................................................................................1 SUBJECT: Adopt Resolution No. 3o~ t to update the Housing Rehabilitation Loan Program Committee Meeting Date: 9/27/2006 COUNCIL MEETING Date: 10/4/2006 Department: DCD-CDBG/HOME Presenter: Vila; Howe Phone: 473-5375 SUMMARY: The City ofBremerton has operated the Housing Rehabilitation Loan Program for over 25 years. The Program is funded by CDBG funds, and HOME funds where appropriate. The Program was last updated May 10, 1989 with Resolution 2246. In order for the Program to continue responding to the needs of the City, the Department of Community Development CDBG/HOME staff is submitting an updated program description for consideration and approval. ATTACHMENTS: Resolution, Staff Memo FISCAL IMPACTS (Include Budgeted Amount): None APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: B::8. I CONSENT AGENDA 0 I FISCALIBUDGET: OPERATIONS: COUNCIL PRESIDENT: RECOMMENDED MOTION: Move to pass Resolution No. Rehabilitation Loan Program. to update the Housing COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action RESOLUTION NO. 3011 A RESOLUTION of the City Council of the City of Bremerton, Washington, adopting the Housing Rehabilitation Loan Program. WHEREAS, the City of Bremerton recognizes that improvement of the quality and integrity of its housing stock is important to the long term livability and development of the City; and WHEREAS, the City of Bremerton recognizes that rehabilitation of its low income owner occupied units is a good public investment in community development and revitalization; and WHEREAS, the City of Bremerton's Housing Rehabilitation Loan Program was last updated in 1989 with Resolution #2246 and has now operated for over 25 years, and the City recognizes the need to make changes to the program to ensure it continues to respond to the needs of the City; and WHEREAS, the City of Bremerton wishes to target assistance to low and very income home-owners of owner-occupied housing through a loan program that is affordable due to low interest rates and provides incentives for loan recipients to remain in their homes for at least 5 years; and WHEREAS, the City of Bremerton wishes to ensure continuing program integrity by updating the program's description and administrative guidelines and by leveraging third- party professional construction management consulting services to work with the Community Development Department in implementing the program; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The recitals and findings of fact set forth in this resolution are hereby incorporated as if fully set forth herein. SECTION 2. The Housing Rehabilitation Loan Program set forth in Exhibit A attached hereto is hereby adopted as the City of Bremerton' s Housing Rehabilitation Loan Program. SECTION 3. Severabilitv. If anyone or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in fl:ill force and effect. Housing Rehabilitation Loan Program SECTION 4. 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 PAULA JOHNSTON, City Clerk RILegallLegallResolutionslCommunity Developmen~Housing Rehabilitation Loan Program. doc 2 Housing Rehabilitation Loan Program EXHIBIT A Housing Rehabilitation Loan Program October 4, 2006 PROGRAM DESCRIPTION I. ProQram Summary To use CDBG funds, and HOME funds where appropriate, to make low-interest, easy-term loans to low or very-low income residents of the City of Bremerton for making essential home repairs; ensuring preservation and improvement of existing housing stock, enabling long-term residents to live comfortably and safely in their own homes, and enhancing the livability of our neighborhoods. II. HousinQ Qoals: Exerpted from City of Bremerton Comprehensive Plan, HS11-HS12, adopted December 2004 1. (H1A) Promote private and public efforts to preserve the existing housing stock by maintaining sound units, rehabilitating substandard units, and replacing severely deteriorated units · Promote maintenance of housing that is now in standard condition to prevent its deterioration to substandard condition · Promote the rehabilitation of substandard structures when the cost of rehabilitation is less than the cost of replacement housing. This cost factor does not apply to housing designated as having historical/architectural significance. 2. (H1 B) Promote private and public efforts to provide adequate capital for private and public rehabilitation housing projects at competitive or favorable costs. · Facilitate rehabilitation of owner-occupied housing based on the credit-worthiness of the dwelling rather than the credit-worthiness of the homeowner 3. (H 1 D) Promote efforts to identify, rehabilitate and preserve homes having historical/architectural significance. Give priority to such homes in City rehabilitation programs. 4. (H2A) Work toward residential conditions which comply with building codes, with special focus on weatherization 5. (H2B) Promote private commitments to improvement of the housing stock by using public resources to remove or abate blighting influences within or near residential area. · Promote financial assistance for essential repairs to substandard structure that provide housing for low and moderate income persons. Support private sector low-interest loan programs for such repairs, combined with public resources when available. III. ProQram Obiectives 1. Provide rehabilitation assistance for homeowner-occupied single-family residences. 2. Use CDBG funds to assist low and very-low income owners of single-family residences. 3. Target housing program marketing to lowest income census tracts and blight zones 4. Target housing program marketing to certain demographic (seniors) 5. Encourage homeowners to pursue other sources for State funded Weatherization programs. IV. ProQram Elements: 1. Program Administrator: City of Bremerton Department of Community Development CDBG/HOME Programs ("City CDBG") 2. Use of Funds Page 1 · Qualified Rehabilitation Activities (see Rehabilitation for details, below) · Associated development costs, if applicable (financing fees, appraisal costs, closing costs, past due real estate taxes, relocation) · May NOT be used for construction of new housing units 3. Eligible Projects · Existing structures · Owner-occupied · Single-family residence · Within Bremerton city limits · Targeted neighborhoods preferred · Owner occupied duplex, property with MIL or accessory unit may be approved for rehabilitation on a case by case basis · Total units must not exceed (2), including owner occupied unit · Owner/landlord must be at 50% or below area median income based on most recent Department of Housing and Urban Development (HUD) Area Median Income determination · Rental income will be included in income calculation to determine program eligibility · Rental unit rehabilitation will focus on Health and Safety improvements only · Tenant must be at 80% or below area median income 4. Eligible Owners and Tenants · Owner-occupants of single-family residence if at 80% or below area median income as determined by HUD · Owner/landlord of owner occupied duplex or owner occupied property with one (1) MIL or accessory unit if owner at 50% or below area median income as determined' by HUD · Must be in fee-simple ownership · Rental unit eligible only as noted above in "Eligible Projects" · Tenant of qualifying owner-occupied property must be at 80% or below area median income as determined by HUD 5. Target Areas for Assistance · All areas within Bremerton are eligible for assistance under the Program · Marketing initiatives will target the following high-need areas · Lowest income census tracts within the City of Bremerton (803, 805, 810, 812) · Anderson Cove designated Blight Zone Page 2 6. Loan Conditions · Owner-occupied max principal: $20,000 CDBG funding · Term: 15 years · Simple interest for low income (80% of area median as determined by HUD): 5% annually, deferred · Simple interest for very-low income (50% of area median as determined by HUD): 3% annually, deferred · Principal and interest payments optional; interest will accrue during life of loan · Annual Statements · Reminder about loan status, terms and conditions · Interest accrual information · Information about how/why to make an optional payment · Pre-payment penalty if property sold or transferred less than 61 months after loan origination · HUD protects a 5 year Period of Affordability for structures improved with CDBG funds · Penalty will be an Equity Recapture, proportional to real estate market growth, up to cap of 12% APR, based on Washington State Usury Rates (RCW 19.52) · Pre-Payment Penalty will never be less than $0 · Example #1 P rt - rope tv va ue Increases Assessed value of home at time of loan $ 150,000.00 Assessed value of home at time of sale $ 215,000.00 Difference $ 65,000.00 Percent increase 43.33% Housino rehabilitation loan amount $ 15,000.00 House sold at 24 months from loan date Recapture before cap or minimum applied ($15,000 x 43.33%) $ 6,500.00 Recapture with cap and minimum applied ($15,000 x .01) x 24 $ 3,600.00 #2 P d - ropertv va ue ecreases Assessed value of home at time of loan $ 150,000.00 Assessed value of home at time of sale $ 125,000.00 Difference $ 25,000.00 Percent increase/decrease -16.67% HousinQ rehabilitation loan amount $ 15,000.00 House sold at 24 months from loan date Recapture before cap or minimums applied ($15,000 x -16.67%) $ (2500.50) Recapture with cap and minimum applied (-$2,500.50 < $0) $ 0.00 Page 3 · Loans will be secured through Deed of Trust with City in second or third position behind a secured first mortgage · Fee-simple ownership through a mortgage preferred; other arrangements will be reviewed on a case by case basis · Borrower pre-rehabilitation indebtedness must not exceed 100% of most recent Kitsap County assessment · Loan due in full upon sale, transfer or payoff · Subordination .(' City will consider subordination upon refinance of first mortgage if new loan conforms to City of Bremerton Underwriting Standards .(' If new loan does not conform to City standards, refinance will trigger payoff of loan · Default: · Loans not paid in full after the 15 year term will be considered in default. · City of Bremerton will send notices to property owners informing of default status. · All loans must be paid in full at sale, transfer or refinance of property. · Truth in Lending: Program and program staff will abide by TILA guidelines and practices in administration and development of program (12 CFR 226) · City of Bremerton will provide borrower with required TILA disclosures 7. Rehabilitation · Rehabilitation Activity Priorities (in order) · Health and Safety improvements and repairs · Major Housing Systems to ensure long-term viable housing .(' Heating, Electrical, Plumbing, Structural (including roofing) · Exterior cosmetic improvements .(' If an exterior blighting condition exists, up to 10% of total project budget should be set aside for long-lasting, cost-effective and easy-to-maintain exterior cosmetic improvements · All qualified repairs should seek to improve energy efficiency in a cost effective manner wherever possible · Modernization: not more than 25% of loan may be used for modernization only if funds available AND use is restricted to improvements necessary for livability, ie: creating more bedrooms in overcrowded homes. · Work must be expected to last 20 years · All repairs must be occupant appropriate Page 4 · Ineligible Rehabilitation Activities · Program funds may not be used to purchase moveable fixtures, furniture, etc, that are not an integral part of the housing structure or major housing systems · Program funds may not be used for non-essential luxury upgrades or unnecessary cosmetic/decorative improvements which increase the project's materials or labor costs. · Program funds may not be used to purchase, repair or maintain non-essential appliances or housing systems · Program funds may not be used to purchase construction equipment or tools. · Program funds may not be used for new housing construction. · Additions not allowable unless needed to alleviate overcrowding. 8. Contracting Policies · Preferred use of only one contractor for all work (ensure completion, timeliness, and cost containment) · Two or more competitive bids required · Contractor must be registered, licensed, insured, bonded · Self-contracting not allowed under the Program · All work will be monitored and must be accepted by City of Bremerton Community Development or its agent prior to payment of all construction draws. · Work must be completed within 4 months of Notice to Proceed unless otherwise specified in contract · Minority and women-owned contracting businesses encouraged to participate · City will consider, on a case by case basis: · Use of specialty contractor, such as a finish contractor, carpenter, plumber, HVAC contractor, roofer, etc. ./ Must have prior City or agent review and approval ./ Must obtain two or more competitive bids ./ Contractor must be able to complete all miscellaneous work-not just specialty work ./ Must provide detailed work list including specifications ./ Work must be completed w/in 4 months of Notice to Proceed unless otherwise specified in contract 9. Tenant Relocation · Relocation costs are an eligible rehabilitation cost, and must be established as part of overall project budget · It is expected that most projects will not require relocation · If relocation is required, City will comply with Federal law 10. Non-Discrimination Policy · Program will not discriminate on basis of homeowner's race, color, religion, sex, sexual preference, or national origin when selecting eligible projects Page 5 11. Marketing of program · Prepare flyer with basic program and contact information · Post information on City of Bremerton Community Development webpage · Advertise Program to City and County code enforcement departments; receive referrals from City code-enforcement officers · Advertise Program to local agencies providing similar services; receive referrals from local agencies · With homeowner's permission, locate sign at project site indicating project financing through City Housing Rehabilitation Program with website for more information · Mail flyers with program information to target neighborhood homeowner-residents · Press releases, public notices and advertisements · Provide information to neighborhood associations · Provide program information to Senior-oriented services Page 6 PROGRAM ADMINISTRA TION I. Application · Application of Interest shall be provided by City CDBG; program information and application guidance will be available from City CDBG · Application of Interest shall be submitted to City CDBG for preliminary review · Preliminary review criteria includes but is not limited to: · Complete application; incomplete applications will be denied · Verify home is located within Bremerton city limits based on Kitsap County Assessor's data · Rehabilitation request meets guidelines described in Program Description · Income information meets eligibility guidelines described in Program Description (subject to verification) · Conforms with intent of Program to ensure basic housing needs of low and very-low income City residents · City CDBG will notify applicant if project is eligible for a property inspection based on preliminary review. · If application does not pass preliminary review, City CDBG will notify applicant in writing · Applications passing preliminary reviE:lw will be assigned a project number and referred to City contracted Construction Manager ("CM") · CM will schedule property inspection with homeowner · All applications will be entered into Program database with application status noted. Denied applications will be closed out II. Property Inspection 1. Initial property inspection/assessment by CM · Creation of work write-up · Include "before" photos to show condition and demonstrate need · Include list of needed repairs · Include line-item cost estimates · Include proposed/preferred solution, with specifications and drawings · Include rough time and cost estimate to assist City CDBG staff assess scope of work and fit with program capacity · Include scope estimate of abatement issues present (asbestos or lead) · Include estimate of homeowner displacement, if any · Work write-up will be completed in City CDBG approved format · CM and City CDBG will jointly review inspection · Ensure compliance with all applicable regulations Ensure consistency with funding availability and borrower's approved loan amount 2. City CDBG will approve/deny application based on preliminary review, CM assessment and established criteria, which shall include but is not limited to the following: Page 7 · Whether structure condition warrants rehabilitation · Does scope of project fits Program funding capacity · Are requested repairs are necessary and eligible · Conforms with intent of Program to ensure basic housing needs of low and very-low income City residents 3. Upon approval, CM will seek contractor services for project III. Solicit and Select Contractor Bids 1. Bid Solicitation · Bids will be solicited via advertisement in area newspaper(s), and on the City of Bremerton website · At least 2 competitive bids required · Small Works Roster may be used as a resource · Bid must: · Conform to City CDBG approved bid format · Be complete · Address the following as per bid guidelines ./ Summary of Firm ./ Summary of Project Experience ./ Technical Approach ./ Fee Schedule · Eligible contractor criteria · Contractor must not be on the Federal Excluded Parties List System · Contractor must be lead safe certified, where appropriate · Contractor must be licensed, insured and bonded ./ Contractor must be licensed with the State of Washington and with the City of Bremerton, as required ./ Must provide proof of insurance with application in order to be considered. Proof of insurance will by provided to City of Bremerton Risk Manager ,/ Must meet minimum insurance limits per guidelines outlined in City of Bremerton Public Works Bid Procedures 2. Bid Selection · The City of Bremerton reserves the right to reject any and all proposals based on guidelines outlined in City of Bremerton Public Works Bid Procedures · Finalize Contractor Plans · Finalize plans based on CM recommendations, submit to City CDBG · Finalize cost estimate; submit to City CDBG · Plan review by City CDBG and CM; approval to proceed · Finalize contract terms and conditions with contractor; sign contract Page 8 II. Construction 1. Contractor responsible for obtaining all necessary permits and licenses 2. Notice to Proceed issued by City CDSG. Project must be completed within 4 months of issuance of Notice to Proceed, unless otherwise specified in contract 3. Monitoring and acceptance of work by City CDSG and CM on a periodic basis (specify?) · Change orders · will be reviewed and approved or denied by City CDSG and CM · Only changes that fit into program eligibility requirement and affect the project budget by no more than 10% will be considered 4. Draw inspection and payment · All draws will be reviewed by City CDSG with CM · Approval by City of Sremerton Community Development prior to payment of all construction draws. · City CDSG staff will coordinate payment and maintain record of funds drawn toward project · 5% retainage withheld until final inspection and sign off on Completion Affidavit 5. Certify completion · Walk-through by City CDSG with City contracted construction manager · Make punch-list · CM will take "after" photos to demonstrate work completion and satisfactory results · CM writes-up project report attesting to completion and prepares Completion Affidavit · All permits finalized · Punch list must be completed to the satisfaction of all parties · Completion Affidavit signed by borrower, City CDSG, and CM Page 9 , . , : ~ DEPARTMENT OF COMMUNITY DEVELOPMENT ;~ '~_':_--_-.o.-~_Joo~'~_'___._~_.''''-.'''~___';:'''~~~~M_~..__J MEMORANDUM To: Bremerton City Council From: Marie Vila W Date: August 20, 2006 Re: Housing Rehabilitation Loan Program The City of Bremerton has operated a Housing Rehabilitation Loan Program for over 25 years. The Program was last updated in 1989. The Department of Community Development CDBG/HOME staff reviewed the existing Housing Rehabilitation Loan Program and recommends adopting changes to the program that better reflect the needs of the City. Summary of changes are as follows: · Integrate professional Construction Management services into the operation of the Program. · Restrict Program funds to owner-occupied housing. · Implement an Equity Recapture early payoff penalty for loan recipients who sell or transfer their home prior to the end ofthe 5 year period of affordability. · Increase interest rate from 3% to 5% for low-income homeowners. Very low-income homeowners will continue to obtain loans at 3%. · Establish a marketing plan for the Program targeting lowest-income census tracts and blighted areas of the City. If you have any questions about the proposed program changes, please do not hesitate to contact me at 473-5375. 1 DATE SUBMITTED: September 15, 2006 BILL # AGENDA BILL CITY OF ~REMERTON CITY COUNCIL 1I(3)tJf. 083 :<: ;..: II.. . . I SUBJECT: Public hearing on Ordinance No. 4968 relating to exemption of ad valorem property tax for new multi-family housing in designated target areas Committee Meeting Date: August 9,2006 COUNCIL MEETING Date: October 4, 2006 Department: City Attorney's Office Presenter: Roger Lubovich Phone: 473-2345 SUMMARY: In 1995, the State Legislature passed 84.14 RCW that allows cities to create a tax incentive program to induce development of new, multi-family housing within designated targeted areas. The incentive in the proposed ordinance is a 10-year exemption of all new property tax on new or rehabilitated buildings that create 10 or more housing units. The ordinance also designates an area downtown as the residential target area eligible for the exemption. ATTACHMENTS: Proposed Ordinance FISCAL IMP ACTS (Include Budgeted Amount): Property tax revenue from new M/F housing projects will be lost for 10 years, but this can largely be off-set by added sales tax revenue generated by new residents. Without the incentive, new development may not materialize as planned. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: I CONSENT AGENDA 0 I FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: RECOMMENDED MOTION: Move to pass Ordinance No. 4968 to provide exemptions from ad valorem property taxation for new multi-family housing in designated residential targeted areas of the City. COUNCIL ACTION: D Approve D Deny D Table D Continue D No Action ORDINANCE NO. 4968 AN ORDINANCE of the City Council of the City of Bremerton, Washington, creating Chapter 3.78 of the Bremerton Municipal Code relating to exemptions from ad valorem property taxation for new multi-family housing in designated residential targeted areas of the City, establishing a residential targeted area for the multi-family property tax exemption within the Downtown Core and Multiple Residential zones and amending Chapter 3.01 of the Bremerton Municipal Code establishing a fee for applications for multi-family property tax exemptions. WHEREAS, the current provisions of the Bremerton Municipal Code do not provide ad valorem property tax exemptions for multi-family housing in urban center; and WHEREAS, exemptions from ad valorem property taxes for multi-family housing encourage increased residential opportunities within designated residential targeted areas, stimulate new construction and rehabilitation of existing buildings, assist in directing future population growth and helps to achieve development densities which are more conducive to transit use in designated residential targeted areas; and WHEREAS, The proposed residential targeted area for the multi-family property tax exemption is within an urban center as defined by Chapter 84.14 RCW and as designated in the City's comprehensive plan; and WHEREAS, The proposed residential targeted area lacks sufficient available, desirable, and convenient residential housing to meet the needs of the public who would be likely to live in the residential targeted area, if desirable, attractive, and livable places to live were available; and WHEREAS, the City Council desires to provide limited ten year exemptions from ad valorem property taxation for multi-family housing in designated residential targeted areas; and WHEREAS, on September 19,2006 and September 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 October 4, 2006 the City Council conducted a public hearing and considered,all testimony; NOW, THEREFORE, Multi-family Property Tax Exemption THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 3.78 of the Bremerton Municipal Code entitled "Multi- Family Property Tax Exemptions" is hereby created to read as follows: Chapter 3.78 MULTI-FAMILY PROPERTY T AX EXEMPTION 3.78.010 PURPOSE. As provided for in Chapter 84.14 RCW, the purpose of this chapter is to provide limited ten (10) year exemptions from ad valorem property taxation for multi-family housing in designated residential targeted areas to: (a) Encourage increased residential opportunities within areas of the City designated by the City Council as residential targeted areas; and/or (b) Stimulate new construction or rehabilitation of existing vacant and underutilized buildings for multi-family housing in designated residential targeted areas to increase and improve housing opportunities; and (c) Assist in directing future population growth to designated residential targeted areas, thereby reducing development pressure on single-family residential neighborhoods; and (d) Achieve development densities which are more conducive to transit use in designated residential targeted:areas. 3.78.020 DEFINITIONS. When used in this chapter, the following terms shall have the following meanings, unless the context indicates otherwise: (a) Building Codes means the City and State building and fire codes'as set forth in Chapters 17.04, 18.02 and 18.03 of the Bremerton Municipal Code. (b) City means the City ofBremerton. (c) Department means the City Department of Community Development. (d) Director means the Director of the Department of Community Development, or designee. ( e) Multi-family housing means a building having ten (10) or more dwelling units developed for owner occupancy. Multi-family housing does not include single family attached housing. Multi-family housing also does not include housing that predominately offers rental accommodation or accommodation on a transient basis such as apartments, hotels and motels. (f) Multi-family property tax exemption means an exemption from ad valorem property taxation for multi-family housing. (g) Owner means the property owner of record. (h) Rehabilitation improvements means modifications to existing structures that are vacant for twelve (12) months or longer that are made to achieve a condition of substantial compliance with existing building, fire, and zoning codes, or modification to existing occupied structures which increase the number of multi-family housing units. (i) Residential targeted area means the geographic area located within the Downtown Core and Multiple Residential zones as set forth in Figure 3.78. 2 Multi-family Property Tax Exemption (j) Substantial compliance means compliance with all local building, fire and zoning code requirements, which are typically required for rehabilitation as opposed to new construction. 3.78.030 APPLICABILITY. Multi-family housing projects in designated residential targeted areas resulting from new construction or rehabilitation or conversion of vacant, underutilized, or substandard buildings may be entitled to a limited ten year exemption from ad valorem property taxation as set forth in this chapter. 3.78.040 TERMS OF THE TAX EXEMPTION. (a) Duration of exemption. The value of improvements qualifying under this chapter is exempt from ad valorem property taxation for ten (10) successive years beginning January I st of the year immediately following the calendar year after issuance of the final certificate of tax exemption. (b) Limits on exemption. The exemption does not apply to the value of land or to the value of improvements not qualifying under this chapter, nor does the exemption apply to increases in assessed valuation of land and non-qualifying improvements. In the case of rehabilitation of existing buildings, the exemption does not include the value of improvements constructed prior to submission of the completed application required under this chapter. This chapter does not apply to increases in assessed valuation made by the Kitsap County Assessor on non-qualifying portions of building and value of land nor to increases made by lawful order of a county board of equalization, the Department of Revenue, or Kitsap County, to a class of property throughout the county or specific area of the county to achieve the uniformity of assessment or appraisal required by law. ( c) Conclusion of Exemption. At the conclusion of the ten (10) year exemption period, the new or rehabilitated housing cost shall be considered as new construction for the purposes of Chapter 84.55 RCW. 3.78.050 PROJECT ELIGIBILITY. A proposed multi-family housing project must meet the following requirements for consideration for a property tax exemption: (a) Location. The project must be located within a residential targeted area as defined in BMC 3.78.020 and as set forth in Figure 3.78. (b) Tenant displacement prohibited. The project must not displace existing residential tenants of structures that are proposed for redevelopment. If the property proposed to be rehabilitated is not vacant, an applicant shall provide each existing tenant housing of comparable size, quality, and price and a reasonable opportunity to relocate. (c) Non-compliance with Building Codes. Existing dwelling units proposed for rehabilitation must fail to comply with one or more standards of the Building Codes. (d) Size of Project. The new, converted, or rehabilitated multiple-unit housing must provide for a minimum of fifty percent (50%) of the space for permanent residential occupancy. The project, whether new, converted, or rehabilitated multiple-unit housing, must include at least ten (10) units of multi-family housing within a residential structure or as part of an urban development. In the case of existing multi-family housing that is occupied or which has not been vacant for twelve (12) months or more, the multifamily housing project must also provide for a 3 l\1ulti-family Property Tax Exemption minimum of four (4) additional multifamily units for a total project of at least ten (10) units including the four (4) additional units. Existing multi-family housing that has been vacant for twelve (12) months or more does not have to provide additional units. (e) Proposed completion date. New construction of multi-family housing and rehabilitation improvements must be completed within three (3) years from the date of approval of the application. (f) Compliance with guidelines and standards. The project must be designed to comply with the City's Comprehensive Plan, building, housing, and zoning codes, and any other applicable regulations. The project must also comply with any other standards and guidelines adopted by the City Council for the residential targeted area. 3.78.060 APPLICATION PROCEDURE. A property owner who wishes to propose a project for a tax exemption shall complete the following procedures: (a) The application provided by the City shall be filed with the Department along with the required fees as established pursuant to RCW 84.14.080. (b) A complete application shall include: (1) A completed City of Bremerton application form setting forth the grounds for the exemption. (2) Preliminary t100r and site plans of the proposed project. (3) A statement acknowledging the potential tax liability when the project ceases to be eligible under this chapter. (4) An affidavit stating the occupancy record of the property for a period of twelve (12) months prior to filing the application. (5) Verification by oath or affirmation of the information submitted. (6) For rehabilitation projects, the applicant shall provide a report prepared by a registered architect identifying property noncompliance with the Building Codes. This report shall identify specific code violations and must include supporting data that satisfactorily explains and proves the presence of a violation. Supporting data must include a narrative and such graphic materials as needed to support this application. Graphic materials may include, but are not limited to, building plans, building details, and photographs. 3.78.070 APPLICATION REVIEW AND ISSUANCE OF CONDITIONAL CERTIFICA TE. The Director may certify as eligible an application which is determined to comply with the requirements of this chapter. A decision to approve or deny an application shall be made within ninety (90) calendar days of receipt of a complete application. (a) Approval. The Director may approve the application if he/she finds that: (1) A minimum of ten (10) new units are being constructed or in the case of occupied rehabilitation or conversion within twelve (12) months of occupancy, a minimum of four (4) additional multifamily units for a total project of at least ten (10) units including the four (4) additional multi-family units are being developed. (2) The proposed project is or will be, at the time of completion, in conformance with all applicable local plans and regulations. (3) The owner has complied with all standards and guidelines adopted by the City under this chapter. 4 Multi1'amily Property Tax Exemption (4) The site is located in the residential targeted area. (b) If an application is approved, the applicant shall enter into a contract with the City, regarding the terms and conditions of implementation of the project, and the Director shall issue a conditional certificate of acceptance of tax exemption. The conditional certificate shall expire three (3) years from the date of approval unless an extension is granted as provided in this chapter. (c) If an application is denied, the Director shall state in writing the reasons for denial and shall send notice to the applicant at the applicant's last known address within ten (10) calendar days of the denial. Per RCW 84.14.070, an applicant may appeal a denial to the City Council within thirty (30) calendar days of receipt of the denial by filing a complete appeal application and fee with the Director. The appeal before the City Council will be based on the record made before the Director. The Director's decision will be upheld unless the applicant can show that there is no substantial evidence on the record to support the Director's decision. The City Council's decision on appeal will be final. 3.78.080 EXTENSION OF CONDITIONAL CERTIFICATE. (a) Extension. The conditional certificate and time for completion of the project may be extended by the Director for a period not to exceed a total of twenty-four (24) consecutive months. To obtain an extension, the applicant must submit a wntten request with a fee stating the grounds for the extension. An extension may be granted if the Director determines that: (I) The anticipated failure to complete construction or rehabilitation within the required time period is due to circumstances beyond the control of the owner; (2) The owner has been acting and could reasonably be expected to continue to act in good faith and with due diligence; and (3) All the conditions of the original contract between the applicant and the City will be satisfied upon completion of the project. (b) Denial and appeal. If an extension is denied, the Director shall state in writing the reason for denial and shall send notice to the applicant's last known address within ten (l0) calendar days of the denial. Pursuant to RCW 84.14.090(6), an applicant may appeal the denial of an extension to the hearing examiner pursuant to Chapter 2.13 BMC within fourteen (14) calendar days of receipt of the denial by filing a complete appeal application and fee with the Director. The appeal before the hearing examiner shall be processed as a Type I Director Decision pursuant to Chapter 20.02 BMC. No appeal to the City Council is provided from the hearing examiner's decision. The applicant may appeal the hearing examiner's decision to the Kitsap County Superior Court, under RCW 34.05.510 through 34.05.598, if the appeal is filed within thirty (30) calendar days of receiving notice of that decision. 3.78.090 APPLICATION FOR FINAL CERTIFICATE. Upon completion of the improvements agreed upon in the contract between the applicant and the City and upon issuance of a certificate of occupancy, the applicant may request a final certificate oftax exemption by filing with the Director the following: (a) A statement of expenditures made with respect to each multi-family housing unit and the total expenditures made with respect to the entire property; (b) A description of the completed work and a statement of qualification for the exemption; and 5 Multi-family Property Tax Exemption (c) A statement that the work was completed within the required three (3) year period or any authorized extension. 3.78.100 ISSUANCE OF FINAL CERTIFICATE. Within thirty (30) calendar days of receipt of all materials required for a final certificate, the Director shall determine whether the specific improvements satisfy the requirements of the contract, application, and this chapter. (a) Granting affinal cert(ficate. If the Director determines that the project has been completed in accordance with this chapter and the contract between the applicant and the City, and has been completed within the authorized time period, the City shall, within ten (10) calendar days of the expiration of the thirty (30) day review period above, file a final certificate of tax exemption with the Kitsap County Assessor. (b) Denial and appeal. The Director shall notify the applicant in writing that a final certificate will not be filed if the Director determines that: (1) The improvements were not completed within the authorized time period; (2) The improvements were not completed in accordance with the contract between the applicant and the City; or (3) The owner's property is otherwise not qualified under this chapter. Pursuant to RCW 84.14.090(6), an applicant may appeal a denial to the hearing examiner pursuant to Chapter 2.13 BMC within fourteen (14) calendar days of issuance of the denial of a final certificate by filing a complete appeal application and fee with the Director. The appeal before the hearing examiner shall be processed as a Type I Director Decision pursuant to Chapter 20.02 BMC. No appeal to the City Council is provided from the hearing examiner's decision. The applicant may appeal the hearing examiner's decision to the Kitsap County Superior Court, under RCW 34.05.510 through 34.05.598, if the appeal is filed within thirty (30) calendar days of receiving notice of that decision. 3.78.110 ANNUAL COMPLIANCE REVIEW. (a) Within thirty (30) calendar days after the first anniversary of the date of filing the final certificate of tax exemption and each year thereafter for a period of ten (10) years, the property owner may be required, as determined by the Director, to file a notarized declaration with the Director indicating the following: (1) A statement of occupancy and vacancy of the multi-family units during the previous twelve (12) months; (2) A certification that the property continues to be in compliance with the contract with the City and this chapter; and (3) A description of any subsequent improvements or changes to the property. (b) City staff may also conduct on-site verification of the declaration. Failure to submit the annual declaration may result in a review of the exemption per RCW 84.14.110. 3.78.120 CANCELLA TION OF TAX EXEMPTION. If the Director determines the owner is not complying with the terms of the contract or this chapter, the tax exemption shall be canceled. This cancellation may occur in conjunction with the annual review or at any other time when noncompliance has been determined. If the owner intends to convert the multi-family housing to another use, the owner shall notify the 6 Multi-family Property Tax Exemption Director and the Kitsap County Assessor in writing within sixty (60) calendar days of the change In use. (a) Effect of cancellation. If a tax exemption is canceled due to a change in use or other noncompliance, the following taxes and penalties will apply: (1) Additional real property tax, plus interest, shall be imposed based upon the value of the non-qualifying improvements. This additional tax is calculated based upon the difference between the property tax paid and the property tax that would have been paid ifit had included the value of the non-qualifying improvements dated back to the date that the improvements were converted to a non-qualifying use. (2) A penalty shall be imposed amounting to twenty (20) percent of the value of the additional property tax plus interest. (3) The interest is calculated at the same statutory rate charged on delinquent property taxes from the dates on which the additional property tax could have been paid without penalty if the improvements had been assessed at full value without regard to this tax exemption program. (4) The additional taxes, interest and penalties will become a lien on the land and attach at the time the property or portion of the property is removed from multi-family use or the amenities no longer meet applicable requirements. The liel1 has priority over and must be fully paid and satisfied before a recognizance, mortgage, judgment, debt, obligation, or responsibility to or with which the land may become charged or liable. The lien may be foreclosed upon expiration of the same period after delinquency and in the same manner provided by law for foreclosure of liens for delinquent real property taxes. An additional tax unpaid on its due date is delinquent. From the date of delinquency until paid, interest must be charged at the same rate applied by law to delinquent ad valorem property taxes. (b) Notice and appeal. Pursuant to RCW 84.14.110(2), upon determining that a tax exemption is to be canceled, the Director shall notify the owner by mail, return receipt requested. The property owner may appeal the determination to the hearing examiner pursuant to Chapter 2.13 BMC by filing a notice of appeal with the City Clerk within thirty (30) calendar days, specifying the factual and legal basis for the appeal. The hearing examiner will conduct a hearing under Chapter 21.02 BMC for a Process I action. An aggrieved party may appeal the hearing examiner's decision to the Kitsap County superior court under RCW 34.05.510 through 34.05.598. 3.78.130 EXPIRATION OF APPLICATION PERIOD. The application period to apply for the tax exemption provided for in this chapter expires December 31, 2011, however, all rights, privileges, duties and responsibilities provided for in this chapter shall remain in effect after this date for complete and qualifying applications received by the City on or before December 31,2011. SECTION 2. Chapter 3.01 of the Bremerton Municipal Code is hereby amended to add subsection (15) to Rate Table C establishing a fee for applications for multi-family property tax exemptions as set forth in Exhibit "A" to this ordinance. (Note - Exhibit A sets forth Rate Table C as amended without the related exhibits). SECTION 3. Severabilitv. If anyone or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not 7 Multi-family Property Tax Exemption affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. I I SECTION 4. Effective Date. This ordinance shall take effect and be in fdrce 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\Legal\Ordinances\Community Development\Multi-Family Property Tax Exemption4-8-14-06.doc 8 Multi-family Property Tax Exemption Residential Target Area Figure 3.78 '\, ~ ~~1 c=pi~rrri ~~~~\ ~_\ :::c-_. t=~~F=l ~~1 S~!F=-=j t:::1L:~ ~==1 f=1F\ i! \, ::>-- r-"-r-.J IF 'f--.r -:=1~== t:-= ~:: l-_i .. fC~~-=: -'- x:~:/--::~_.~__---- ~< 1 Fi ic L--r- ;.-t..__ ---i.:~~, \ tITI ~__ 1 ,-- ~ f-.-. t=LL t:: r:2::E~-.- i-'" ~ Llfj .--- \ ~=::::::: 1--- f..- L____ ,___ i--,...\ , .j:j==/ I I x !!! - 88 JL t~~~= ~ ~ .. t 1; ~1~ ~~ :~..[ c . :~ E ~ . - :itB ~===:::,::~:::~/./ LL-U I I::=" c-. t - t= -1___ -r:= f"T- E T1 ,=: do::"" ~ lL]>'ir-rrrrTi-':= ~ j ! Iii! I:it i I I [IlJ.DlrrrrrrnITT ~ i I I I ! I II fiT:::- ~.( ~ c;t c;:t I('it ! i I : I! II i i Ii I ! I i ><. [[~ liT I! rr Iii I ili:t, !I1(I:[1111 lilt I ! i Ii 4Tn ~{i I II II II )< fIE)iLJII! rrJ I! i ill y -.;ll. I,~__ r III LL,j - '--. : -"'. ;.." -1______.. ~ I'f~.~f~~rl'-' --=:.~:-==:.- C~l'" ~E --~ >< II /,L_ I frL.-, i r 1- t:::-J-- i ,1 ~i i r IJ::7 II ! II !!5~~ Puget Sound N Shipyard L", J= 1--- e--- ..::::.: --.---.. .,_. --" Ts -------1 Pnrl Sf ." -----......... .. ;// COMMUNITY DEVELOPMENT - RATE TABLE C All Rates Listed are "Not To Exceed" Fees C. DEPARTMENT OF COMMUNITY DEVELOPMENT 1. RATE $1000 + $150 per lot $2500 + $150 per lot $315 SUBDIVISIONS Short Long Plat Final Plat 2. SHORELINE MASTER PROGRAM Substantial Development Permit Conditional Use Permit Shoreline Variance Permit Revision Shoreline Exemption $650 $1750 $1750 $325 $100 3. STATE ENVIRONMENTAL POLICY ACT (SEP A) Checklist Environmental Impact Statement Review/Adoption $320 $650 + additional cost of expertise 4. APPEAL (to Hearing Examiner) $175 5. ABATEMENTS Dangerous Building $900 + Direct Service and Supply Cost $640 + Direct Service and Supply Cost Garbage & Weed 6. BUILDING PERMIT FEES -Refer to Exhibit 1 7. PLAN REVIEW FEE Note: 50% of the Plan Review Fee may be waived in cases of multiple submittals of . identical residential plans within a calendar year. This waiver shall not apply in the event of an applicable code change. 65% of the building permit fee as set forth in Exhibit 1 EXHIBIT A 3.01- CI COMMUNITY DEVELOPMENT - RATE TABLE C All Rates Listed are "Not To Exceed" Fees 8. MECHANICAL PERMIT FEES -Refer to Exhibit 2 Bill 9. PLUMBING PERMIT FEES -Refer to Exhibit 3 10. GRADING PERMIT AND PLAN REVIEW FEES - Refer to Exhibit 4 11. ZONING ORDINANCE Ordinance Amendments Text Rezone (Map Amendment) $740 $740 Variance Administrative Public Hearing/Single Family Public Hearing/Other $325 $500 $1750 Residential Cluster Development $1500 + $100/DU Development Agreements $1600 Conditional Use Permit Administrative (No public hearing) Hearing Examiner/SF Residential Hearing Examiner/Other $350 $500 $1750 $275 $175 Non-Conforming Use Determination Director's Code Interpretation 12. COMPREHENSIVE PLAN Text or Map Amendment $1500 Combined Text and Map Amendment $2500 13. SITE PLAN REVIEW Four or fewer Residential Units $250 Other $500 14. SITE DEVELOPMENT PERMIT $500 (Fee waived if concurrent with Site Plan Review) 15. MISCELLANEOUS FEES Multi-Family Property Tax Exemption $1500 Application 3.01-C2 October 4,2006 City Council Members City of Bremerton Re: 4968 Exemption of Ad Valorem Property Tax Dear Honorable Council Members: I am here to speak against this ordinance. Simply put this exemption is a government subsidy offered to buyers of quarter of a million dollar and higher condos. This is a slap in the face to all the good people who for years have not only carried their load of the tax burden but also that of the thousands of acres of tax exempt property in Kitsap County. Fiscal Impacts on this bill tells us that the 10 year property tax revenue lost "...can largely be off-set by added sales tax revenue generated by new residents". Do you really believe that? I don't. Besides that doesn't make up for anything. We've still lost 10 years of property tax revenue. Have you factored in the demands these new residents will make on our infrastructure, schools, fire, police and other services that the rest of us pay for. People move into a community and have a responsibility to carry their share of the load. You are asking current citizens to subsidize buyers of expensive condos that they themselves cannot afford and from which they receive no benefit. You know in your heart this is not right. If you want to attract buyers of expensive condos downtown attract them with amenities we can all enjoy - parks, walkways, safe streets, trees, flowers; an attractive, friendly, welcoming community. You can't provide anything with 10 years of lost property tax revenue. I urge you to vote "No" on this ordinance. You know it is not right. ResP~,\ubmitted, ~~ Vivian Henderson Executive Director Kitsap Alliance of Property Owners P.O. Box 2133 Port Orchard, W A 98366 Cell: 360-710-8560 Email: viviankapo@wavecable.com "The small landholders are the most precious part of a state. " - Thomas Jefferson Post Office Box 1861, Poulsbo, Washington 98370 . www.kapo.org Lori Smith From: Sent: To: Cc: Subject: Jessica Kennedy [kennedy@windermere.com] Thursday, September 28, 2006 11: 17 AM City Council The Mayor; Legal; andersons@kccha.org tax exemption Ordinance No. 4968 Ii![~ ~ councilltrtaxordinan ce.doc (30... President McConnell and Honored Council members: Attached is a letter of support for Ordinance 4968 before you for your consideration on October 4, 2006. I support this measure as a great opportunity to continue the success of the revitalization of our downtown core. Thank you for your consideration. Highest regards, Jessica Kennedy Jessica Kennedy Designated Broker Branch Manager Windermere Real Estate/ West Sound Inc. 600 Park Avenue. Bremerton, WA 98337 360-479-7004 1 (~ Windermere September 26, 2006 City Council of Bremerton Re: Ordinance No. 4968 relating to Exemption of ad valorem property Tax for new multi-family housing in Designated area Dear President McConnell and Honored Council Members: This letter is to ask you to support and pass the ordinance for the exemption of ad "a/orempropertytax on hew or rehabilitated buildings that create 10 or more housing units in the dowhtown empowerment area. . I believe that this Ordinance will continue the population of our downtown core, and provide many opportunities for home ownership in an area that is now predominately rental properties. As we succeed, I would recommend that we include other areas such as Callow and Upper Perry Avenue after the program has been proven. Olympia, Tacoma, and Bend, Oregon (in the Mill District) have used this tool to continue to facilitate the public expenditure in their communities with great success. With the tax exemption in place, a new homebuyer of a condominium in the downtown core (not waterfront) could essentially receive an additional S 10,000- S 15,000 buying power in purchase price. Interest rates are still favorable, making this a wonderful opportunity for the City to continue the revitalization efforts with the assistance of the builders and the new homebuyers. It would be a great partnership for success. Just a quick run down: S2S(),000 price S9,250.'00 yearly taxes (at37 perthousand)=,ST1.OO per month added onto the . PrinCipa/,'interest'anc:J insurance premium: Windermere Real EstatelWest Sound, Inc. 600 Park Avenue' Bremerton. WA 98337' 360/479-7004 . Fax 360/479-7255 . E-mail bremerton@windermere.com If we exempt the homebuyer for only the improvements (est. $70.00 per month) That translates into an additional $20,514.32 purchasing power for the home- buyer which is significant, enabling them to purchase a property that they otherwise would not qualify for. I encourage you to support and pass this Ordinance and continue our success story of revitalization. Thank you for your time and consideration. ,~3st .respectf~u"y, // ( Xtia'l );~_.~ , J: /' --7; - V&u~ . ~ /0/ Jes iccj) ennedy . / fity ~Ianning commissioger Q€signated Broker I. Windermere Real Estatec~est Sound Inc. "-.~>r- AMI INTERNATIONAL P.O. Box 30 BREMERTON, WA 98337 USA PHONE: (360) 373-2686 September 27,2006 Ms. Wendy Priest, Member Bremerton City Council 345 6th Street, Ste. 600 Bremerton, W A 98337 Dear Ms. Priest: As owner of AMI International, a small business naval intelligence firm in downtown Bremerton, I have a concern to put before this Council. As you may know, downtown Bremerton is designated by the federal Small Business Administration as a Historically Underutilized Business (HUB) Zone. This means that small businesses located here receive preference in feder.al contracting if 35% of their employees live within the Hub Zone. The HUB Zone Program was developed to stimulate economic development and create jobs in communities like Bremerton by providing federal contracting preferences to small businesses like mine. The problem is that in order to qualify, 35% of my employees must live within the HUB Zone. But because there is very little decent housing downtown, my employees cannot find places they want to live here - therefore I cannot qualify as a HUB Zone contractor. The multi-family tax exemption ordinance must be in place before you can significantly change the picture. It opens the door for developers to build moderate cost condominiums in the downtown area. With this tax exemption, several of my employees, who now rent in such places as Port Orchard or Poulsbo, could afford to purchase and be home owners in downtown Bremerton. They would greatly enjoy the opportunity to walk to work. My business would qualify as a HUB Zone contractor, which would help my business growth and bring more people to live & work in the downtown area. Please act favorably on the ordinance before you. It can significantly change the economic picture of downtown Bremerton. Sincerely, ~ &tifT Guy Stitt, President AMI International Attached: Map showing the HUB Zone area of downtown Bremerton. SBA HUBZone Locator Page 1 of2 ~,~~~~~f[t~~i~~~~;~~~~~1~~;(~i~j'~"..;::"'t: ;:"t'tt:~~~;~,;.I"\~~~;~Qi~Jl~\~/Ij~Pt~~~,J Address- Town-County Text-{tnlr U.S. Map Search Help YersJQJl Below the map you may find a listing of those non-metropolitan counties on the map that are qualified in their entirety as HUBZones, based on level of median household income, or level of unemployment. You may also find a listing of qualified census tracts, former military bases, and Indian Country areas. User can also define display area by employing the dragging function of the mouse/cursor. Dragging can be used to recenter the map. Not Ca..talifl9d Ca..talifl9d . Indian Country 0 BRAe ForlTer r.91itary Base rf;l~~ Difficult D9veloprrenl Area F'ovil'Jre,d by Maptitudefor the Wet:>' t:>y Caliper Click on a census tract number to display it on the map ~~3sbll1gtQn These Census Tracts on the map are qualified as HUBZones: II KitsapWA IIQ&lQ,QQ Q8Q~,DQ II http://map.sba.gov/hubzone/hzqry.asp?command=address&STREET=&CITY =&ST A TE=... 9/28/2006 SBA HUBZone Locator Page 1 of2 Address- Town-County I~xt:Qnh' U.S. Map Search Heln Y~nion Below the map you may find a listing ofthose non-metropolitan counties on the map that are qualified in their entirety as HUBZones, based on level of median household income, or level of unemployment. You may also find a listing of qualified census tracts, former military bases, and Indian Country areas. User can also define display area by employing the dragging function of the mouse/cursor. Dragging can be used to recenter the map. 'A~~".Gu 1 AVl . NotQJalified QJalified III Indian Country D BRAe ForrreF r.t1itary Base [~l:~j Difficult Developlmnt Area POVif.H't(i tij' Maptitude for tho Web' t." Caliper 'Y~lsltinglml These Census Tracts on the map are qualified as HUBZones: II KitSfULW_A IIOSQ,S-.QQ II These former military bases on the map are qualified as HUBZones: http://map.sba.gov/hubzone/hzqry.asp?scope=-122641271 % 7C47565277% 7Cl. 73633478... 9/28/2006 . REAL ESTATE INVESTMENT SERVICES THE M.S. CAVOAD Co. I NCORPORA TED . September 28, 2006 "REaIVED. CRY COUIClL OFfiCER DATE 9(~/1//)h Mr. Cecil McConnell President Bremerton City Council 345 6th Street, Suite 600 Bremerton, WA 98337 Dear Mr. McConnell: I am the President of M. S. Cavoad Co. Inc., the developer of The 400 Condominiums on Washington Avenue. Our company owns and has plans for development of other properties along the waterfront of Washington Avenue. Weare only developing along the water because current economics will not allow successful projects away from the water in the downtown area. The city needs development away from the water in the downtown area, throughout the Harborside District, to continue revitalization. The tax exemption is needed to encourage development away from the waterfront. The tax exemption will allow development of more affordable multi-family units. The District needs residents from all economic walks of life and will benefit significantly from the mix. We already have the higher income residences in the condominiums currently under construction and planned. The tax exemption will allow development of units for more moderate incomes. Some see the tax exemption as a tax break for "well-to-do" property owners in the downtown area. This simply isn't true. The main benefactors of this incentive will be those individuals who may not be able to afford to buy a home because they don't quite qualify financially. The tax incentive should give the nearly-qualified buyer the boost they need to be able to afford their own home. Fpr years, Bremerton has tried to increase the number of homeowners in downtown - this will help that happen. The buyer gets a new home they otherwise might not have gotten. and Bremerton's downtown continues to grow as a residential and business center for everyone to enjoy. I urge you to vote in favor of the multi-family tax exemption ordinance at your October 4, 2006, meeting. I believe you will bei pleased with the multi-family developments that this tool will enable. Sincerely, ();.1/15 Chris Raftery, President M.S. Cavoad Co., Inc. CR/cae . 4739 University Way Northeast. Suite 1607 C:\Do<;umonts andSetllngslUnd.IMyDocumentSlM.s.(~E2 ~~t~y~~gcc ~~!Jb~'c,*-,;~hington 98105 Fax (206) 524-2927 . McCament & 'RoBers 70S 'Broadway, Suite 170, Tacoma, 1V 5l 98402 253- 284 -5702 October 4,2006 Bremerton City Council 345 Sixth Street, Suite 600 Bremerton, WA 98337 Dear Councilman McConnell & Council Members: RE: Ordinance No. 4968 - Multi-Family Tax Exemption (MFTE) Program This letter is submitted in support of Ordinance No. 4968. John Stephanus, regional developer and property owner of Bremerton Gardens, and I look forward to continuing to work with you when you revisit the ordinance to consider including additional geographic locations and for-rent high-density multi-family development. As private sector participants in the process, we view the Multi-Family Tax Exemption (MFTE) as one of the most important economic development tools available to a community. As the renovation and construction of new high-density multi-family development begins within the targeted area, it will become apparent how the Multi-Family Tax Exemption helps communities meet the Growth Management Act, entices residents to live in higher density development, puts new feet on the street to support retail and service businesses, and enlivens the city core. It isn't easy to convince residents to leave their single family home behind and choose to live in a high-density multi-family development, and the MFTE is one effective and proven way communities reduce commuter traffic, promote pedestrian traffic, and recycle land and buildings that are no longer productive. Critics call the tax exemption program a subsidy. It's not. It's an investment. Using the MFTE to spur development will bring steady financial returns in the short-term and raise the tax base significantly long-term. During the tax exemption period, property taxes continue to be collected on the steadily rising value of the land and new residents contribute to increased annual retail sales tax, utility taxes, and state per capita distribution. During construction, the City collects retail sales tax on construction activities. It's an investment that pays off. We urge you to approve Ordinance No. 4968 to support the revitalization of Bremerton. Sincerely yours, J.J. McCament Page 1 of 1 Lori Smith From: Del Knauss [damknauss@comcast.net] Sent: Wednesday, October 04,20066:31 AM To: City Council Subject: City Council Agenda - Tax exemption Please include the following in tonight's agenda for the Public Hearing on Tax Exemption for New Multi-Family Housing (Condos). [Agenda item 7F] I strongly object to the Tax Exemption for New Multi-Family Housing for these reasons: As elected officials you've raised the taxes on our sewer, water, storm water, parking, landlord tax, etc. Although you've lowered the garbage tax some, you've refused to lower it any further. This was done because you needed money to balance the General Fund. Now you want to give a tax break to Developer's and expect the rest of us to pick-up the tab. What you need to do is lower all taxes first, not a select few. This just makes me wonder if our elected officials are representing all of the City and it's residents or just a select area of the City and a certain group of people. Del Knauss 139 Olympic Avenue Bremerton, WA 98312 360-377 -4425 10/4/2006 Message Page 1 of 1 Lori Smith From: Kathy Cocus [cocus@kitsapedc.org] Sent: Wednesday, October 04, 2006 10:00 AM To: City Council Cc: Cary Bozeman; Elizabeth Wilson; Jessica Kennedy Subject: Letter of support re multi-family housing tax credit Please find attached a letter of support from the Kitsap Economic Development Council for the proposed multi -family housing tax credit. Please contact me with any questions. Regards, 1(athy S. Coeus Interim Executive Director Business Recruitment and Retention Manager Kitsap Economic Development Council 4312 Kitsap Way, Suite 103, Bremerton, WA 98312 voice: 360.377.0180 fax: 360.479.4653 www.kitsa edc.org o 10/4/2006 !Su~!'~~"ocil 4312 Kitsap Way i Suite 1031 Bremerton, WA 98312-2446 360.377.9499 11.877.465.4872 I fax 360.479.4653 i edckc@kitsapedc.org i www.kitsapedc.org October 4, 2006 Council Members City of Bremerton 345 6th Street, Suite 600 . Bremerton, WA 98337 RE: Ordinance of No. 4968 relating to exemption of ad valorem property tax for new multi-family housing in designated area. Dear President McConnell and Honored Council Members: The Kitsap Economic Development Council Board of Directors asks you to support and pass the ordinance for the 10-year exemption of ad valorem property tax on new or rehabilitated buildings that create ten or more housing units. Providing this incentive will increase and improve the housing stock within the City and thereby iincrease the population. Increasing the population of the downtown core of Kitsap's urban center will provide the potential workforce for existing, expanding and new businesses in Bremerton. Workforce is often a deciding factor for business recruitment and expansion decisions. The tax exemption provides homeowner opportunities that are not currently in place. According to local realtors, the credit would create an additional $10,000 to $15,000 in residential buying power. Young families and young professionals seeking value for their home buying dollars will benefit from your decision to support this ordinance. Bringing these buyers to Bremerton's downtown Core will add energy and vitality to the physical improvements already underway, creating an environment even more attractive to new and existing businesses. The KEDC Board of Directors encourages you to support and pass this ordinance as Bremerton continues to build on a reputation for forward thinking and creative use of available tools in order to achieve the City's Revitalization goals.. Respectfully, Elizabeth Wilson, President KEDC Board of Directors DA TE SUBMITTED: BILL # AGENDA BILL ,f) ~ CITY OF BREMERTON Ifo f{f {)6- :J. 08 ,... .... .. .. ........... .. .. .... .. . .. . ~I~~ .~~:~.I~... .. . ..... . ... .. .. ... .. ..18. .. SUBJECT: Public Hearing and adoption of the 2007 Community Development Block Grant (CDBG) funding recommendations. Committee Meeting Date: COUNCIL MEETING Date: Department: Presenter: 09/27/06 10104106 DCD-CDBG/HOME Betsy Howe and Marie Vila 473-5211 Phone: SUMMARY: On May 1 ih, 2006, the City Council approved the 2007 CDBG 1 HOME Policy Plan which outlined the funding allocation process and included CDBG rules and regulations. The Citizens Advisory Committees (CACs) have completed their review process and the funding recommendations on the following pages have been made for your consideration and approval. If approved, these submissions will be sent to the Department of Housing and Urban Development (HUD) in the 2007 Annual Action Plan. ATTACHMENTS: Staff memo, estimated allocation and distribution, project descriptions, and endorsement byCACs. FISCAL IMP ACTS (Include Budgeted Amount): Pass through HUD funding of $633,802 APPROV ALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: PH I CONSENT AGENDA D I ' FISCAL/BUDGET: OPERA nONS: COUNCIL PRESIDENT: RECOMMENDED MOTION: Move to approve 2007 funding recommendations and authorize the Mayor to execute contracts once all funding has been secured and HUD has approved the Annual Action Plan. COUNCIL ACTION: 0 Approve 0 Deny D Table D Continue 0 No Action DEPARTMENT OF COMMUNITY DEVELOPMENT MEMORANDUM To: From: Bremerton City Council Betsy Howe, CDBG I HOME Program Administrator 6J~' (!J'\ Marie Vila, CDBG I HOME Program Coordinator September 7, 2006 2007 Community Development Block Grant (CDBG) Funding Recommendations Date: Re: On May 1 ih, 2006, the City Council approved the 2007 CDBG / HOME Policy Plan which outlined the funding allocation process and included CDBG rules and regulations. . Applications for 2007 CDBG funding were due on July 21, 2006 at 5:00 PM (with no exceptions). Once received, applications were screened by CDBG staff for completeness, eligibility, and consistency with the Consolidated Plan. All applications passed and were then given to the CACs who reviewed them and interviewed the applicants. This process is now complete and the funding recommendations on the following pages have been made for your consideration and approval. Public comments have been solicited for thirty days prior to the October 4th hearing. Any comments received will be communicated with the Council. All funding approvals are contingent upon 2007 funding from the Department of Housing and Urban Development (HUD), reallocated funds from previous years, and program income. Because this is an estimate and not an exact number, provisions are made in the CAC recommendations for the possibilities of more or less funding. If approved, these funding recommendations will be submitted to HUD in the 2007 Annual Action Plan due 11/15/06. No contracts will be signed until all funding is in place. Attachments: · 2007 estimated allocation and distribution of CDBG funds $126,397 for Administration, $96,615 for Public Service projects and $410,790 for Capital and Economic Development projects. · Project descriptions . Allocation figures and endorsement by the Citizens Advisory Committees Should you have any questions or concerns regarding any of these items please do not hesitate to contact Betsy at 473-5211 or Marie at 473-5375. 2007 CDBG APPLICATION PROCESS I AMOUNT REQUESTED I FUNDING RECOMMENDATION PLANNING AND ADMINISTRATION $126,397 A V AILABLE (estimate) CDBO Administration Administration $126,397 $126,397 TOTAL $126,397 $126,397 PUBLIC SERVICE $96,615 A V AILABLE (estimate) Bremerton Services Association Chuckwagon meals for seniors $]8,750 $]8,750 (100%) Kitsap Sexual Assault Center Child Abuse Intervention $16,600 $10,790 (65%) Kitsap Community Resources Transitional Housing $30,000 $19,500 (65%) RMH Services Untreated Mentally III $13,500 $8,775 (65%) YMCA of Kitsap County Childcare Scholarships $12,000 $7,800 (65%) City of Bremerton Parks Department Playgrounds Program $16,000 $8,000 (50% ) Kitsap Boys and Girls Club Naval A venue Center $10,000 $5,000 (50%) Kitsap Literacy Council Computer Lab for Literacy $13,500 $6,750 (50%) YWCA Bilingual Legal Advocate $20,000 $5,000 (25%) Catholic Community Services Benedict House Operations $25,000 $6,250 (25%) All funding recommendations are based on an estimated allocation from the Department of Housing and Urban Development and contingent upon the receipt of said funds. Projects are listed in order of priority. Should more funding be received, it will be distributed evenly starting with the applicants funded at the 65% level until those projects are funded at 100%, then to those funded at 50%, then those funded at 25%. Should less funding be received, funding cuts will begin with those funded at the 25% level, then the 50% level, and so on. TOTAL Public Services $175,350 $96,615 CAPITAL AND ECONOMIC DEVELOPMENT $410,790 A V AILABLE (estimate) AMOUNT REQUESTED FUNDING RECOMMENDATION City of Bremerton Public Works Department ADA Curbcuts $60,000 $50,000 Kitsap Community Resources New Services Center $200,000 . $200,000 City of Bremerton Parks Department (Jarstad Pool) Locker Room Upgrades $21,800 $2 1,800 City of Bremerton Parks Department Eastpark Upgrade $98,500 $88,500 Kitsap Community Resources Weatherization $100,000 $50,490 Kitsap County Community Development Corp Small Business Program $50,000 $0 City of Bremerton Public Works Department New Sidewalks $45,000 $0 Archdiocesan Housing Authority (Max Hale) Storefront Renovation $359,000 $0 All funding recommendations are based on an estimated allocation from the Department of Housing and Urban Development and contingent upon the receipt of said funds. Projects are listed in order of priority. Should more funding be received, the alternate projects below will be funded in the order listed. Should less funding be received, funds will be cut starting with the lowest priority funded project. Alternate # I; COB Public Works Dept. ADA Curbcuts $10,000 Alternate #2: COB Parks Dept. Eastpark Upgrades $10,000 Alternate #3; Kitsap Community Resources Weatherization $49,510 TOTAL Capital and Economic Development $940,500 $410,790 TOTAL ALL FUNDING $1,242,247 $633,802 2007 CDBG PROJECT DESCRIPTIONS City of Bremerton Department of Community Development - Program Administration Requested: $126,397 COBG funds will provide operating costs for overall program administration, including salaries for the CDBG Program Administrator and the CDBG Program Coordinator and reimbursement to the City for other costs such as information technology, public information, telecommunications, and any required training and travel. Recommended: $126,367 Public Services Proiects Bremerton Services Association - Chuckwagon Meals on Wheels Requested: $18,750 CDBG funds will be used toward the cost of 15,000 nutritious meals which volunteers will deliver to 150 homebound, low-income elderly persons residing in Bremerton. CDBG funds will be used only toward the meal cost. Recommended: $18,750 Kitsap Sexual Assault Center - Child Abuse Intervention Requested: $16,600 CDBG funds will be used to fund a portion of a Child and Family Advocate's salary who will provide advocacy and crisis intervention services for 31 children who have been sexually abused and their non-offending family members. Recommended: $10,790 (for services for 20 children) Kitsap Community Resources - Emergency and Transitional Housing Services Requested: $30,000 COBG funds will be used to provide staff support to all Housing Services Programs that serve Bremerton residents who are homeless, formerly homeless, or at risk of homelessness. Recommended: $19,500 RMH Services - Untreated Mentally III Requested: $13,500 COBG funds will be used to cover operating and personnel costs for a volunteer case manager I psychiatric nurse and a part-time janitor to treat severely mentally ill clients. Recommended: $8,775 Kitsap Family YMCA - Child care Scholarships Requested: $12,000 COBG funds will be used to provide scholarships which will enable 41 low-income and very low-income children to participate in Latchkey Childcare and Summer Camp. Recommended: $7,800 (for 26 scholarships) City of Bremer ton Parks Department - Family Playgrounds at Evergreen and Matan Parks Requested: $16,000 COBG funds will be used to provide the Evergreen and Matan Park neighborhoods with a staffed summer playground program for children ages 6-12, lunch service for children 0-18, and provide Tuesday Evening Family Special Events and Concerts. Recommended: $8,000 Kitsap Boys & Girls Club - Naval Avenue Program Requested: $10,000 CDBG funds will be used for the Kitsap Boys and Girls club during their first year of operation by supporting the salaries of caring adult professionals who conduct program activities. Recommended: $5,000 Literacy Council of Kitsap - Computer Lab for Literacy Requested: $13,500 CDBG funds will be used to strengthen and expand their programs through small- group instruction using existing computer lab, offering math and language labs and GED online to 250 people. Recommended: $6,750 (for 125 people) YWCA of Kitsap County - YWCA ALIVE Bilingual Legal Advocate Requested: $20,000 CDBG funds will be used to support staffing and operational costs for one FTE bilingual advocate for victims of domestic violence. Recommended: $5,000 Catholic Community Services - Benedict House Requested: $25,000 CDBG funds will be applied to daily operating costs of Benedict House, a facility for homeless men and homeless men with children. Costs will include salaries, benefits, facility upkeep and other allowable costs. Recommended: $6,250 City of Bremerton Public Works Department - ADA Cilrbcuts Requested: $60,000 CDBG funds will be used to construct the highest priority sidewalk (wheelchair) ramps as ranked by the City's "ADA Sidewalk Access Prioritization" developed by the City's Disability Action Committee. Approximately 28 ramps will be constructed. Recommended: $50,000 (for 23 ramps) ($10,000 additional as alternate project for 28 total ramps) Kitsap Community Resources - KCR Bremerton Community Services Center Requested: $200,000 CDBG funds will be used to complete construction of a 21,200 square foot LEED certified 'Green' office building and 8,000 square foot parking structure for KCR services: Employment Training, AmeriCorps, WIC, Food Services kitchen, and agency administration. Recommended: $200,000 City of Bremerton Parks Department - Jarstad Aquatic Center Locker and Rest Room Improvements Requested: $21,800 CDBG funds will be used to increase sanitation and user comfort by replacing worn fixtures, partitions, sinks, mirrors, installing new traps, and repairing the drain line. The locker area floor will be disinfected and sealed with a washable, non slip coating material. Recommended: $21,800 City of Bremerton Parks Department - East Park Improvements Requested: $98,50.0. COBG funds will be used to install an irrigation system, picnic tables, and landscaping at East Park. Recommended: $88,50.0. ($10.,0.0.0. additional as alternate project) Kitsap Community Resources - Weatherization Program Requested: $10.0.,0.0.0. COBG funds will be used to provide weatherization services, related minor home repair, and health and safety measures to 12 low income owner occupied households in Bremerton. Recommended: $50.,490. (for 6 households) ($49,510. additional as alternate project for 12 total households) Kitsap County Community Development Corporation - Small Business Program Requested: $50.,0.0.0. COBG funds will be used for operating expenses and a revolving loan fund for the municipal corporation that manages the revolving loan fund. Recommended: $0. City ofBremerton Public Works Department - New Sidewal~ Construction Requested: $45,0.0.0. COBG funds will be used to respond to community needs for safe pedestrian access by constructing high-priority sidewalk in low-income areas. Approximately 500 feet of sidewalk (depending on site-specific characteristics) will be built. The project will emphasize improving safety on a school walking route and will be selected in consultation with the Bremerton School District. Recommended: $0. Ar(:hdiocesan Housing Authority - Max Hale Storefront Renovation Requested: $359,0.0.0. COBG funds will be used for renovation and construction of 8500 square feet that include the Historical Bar area and tidy up the exterior for identified commercial tenant. The project will enhance the local job market by pledging 12 new jobs and services to public by providing daytime and nightlife activities that reflect Bremerton's planning vision. Additional income from commercial space will be used for operations and maintenance for existing low income housing that serves 53 residents. Recommended: $0. ";-_c'"." .,: ,-".,.,-., ;'.~ ,~;}: :::-~:~, . -::<~~',~:~ >{~;:~-:~g;2Y;l~S~;\ ~:lim,j -~:~ t~~l ; ;;. '. :>:,::~,;,'^' ::'<?'i\:_:--~:}~,,< .~ ,;:; ~:.~{'-~~T.::)i':5!. ;----~-..-"..:- -,,;-,:'~~.:Y .f"-~>'-' '_'-,~--', ~ , >' ':-- --:,: ,,~' <-: < "~-;:,,<.c:r:' ~ ':'/.<~;"" d~~;-f~;~"f~":~ :1 - ,": -'~:, ';~_:: r:~~.:,:;;}:',~~'/ :f;\:,'U ::~)::~~ ~:;.;_~: <X?:) ~~:'; ?~J:;;X?E~:::~';'~:.:;:li~ '~ Department of Community Development COSG/HOME Programs 345 6th Street, Suite 600 Bremerton. WA 98337 City of Bremerton Community Development Block Grant (CDBG) Funding recommendations for 2007 Public services projects in order of priority Pro'ect Chuckwa on Meals Child Abuse Intervention Kitsa Communit Res. RMH Services YMCA COB Parks De t Kitsa Bo s and Girls Club Kitsa Literac Council YWCA CCS Benedict House Total (\j 4Ca {b//t; /~ Da.vis /1' . I =---~ _"'~-/ i / . _ -~ ,rr'-/;~/c-- ~< ( \ ,./r'/% 0Z~--..tL/ /~ ,,/ ",A~"'I"_/.,L-. , :;~\/~J udy,"~riecfberg-Nerf)J ,,'/ .",./ /~~..~~~,:.,~ ~5~.:"-,_~,~ .j;f ~~::*"1Z:1~U"({C:,(t,, >J.7f -(;7' " 'Ro,nald Smith //' " i /{~) ~7 j",e::? /'~JU:'(jj/ l,__,.' l3etsy'Howe CD8G Progranl Administrator A Iicant Bremerton Services Assoc Kitsa Sexual Assault Cntr Transitional Housin Untreated Mental! III Childcare Scholarshi s Pia rounds Pro ram Kitsa Outreach Com uter Lab for Literac BHin ual Advocate Benedict House 0 erations Recommended Fundin $18,750 $10,790 $19,500 $8,775 $7,800 $8,000 $5,000 $6,750 $5,000 $6,250 .f"'-. t /'~/ ',' t"""'({ ~/ (; /-- U",;y) 1/) 1L/ Faye ,emister .f / .. /tJ-AZ1..-;/' // I ./ l.-../ -,.~:;:-' .,,/ /" f ' b ~ /' ?,. ". '~ "/,'2,/,l,,:::,,,',"L,.L . _' .,,--- _~_<-.;___ i. c> /;.,;"",,' "-> r . Barbara Mail ."'-j /1 i'_~ \..- 'i-.' ",..~, ..-' . , -~._- Date $96,615 .~.... I.U Department of Community Development CDBG/HOME Programs 345 6th Street, Suite 600 Bremerton, WA 98337 City of Bremerton Community Development Block Grant (CDBG) Funding recommendations for 2007 Capital and economic development projects in order of priority Proiect Aoolicant Recommended Fundina ADA Curbcuts City of Bremerton Public Works $50,000 New Services Center Kitsap Community Resources $200,000 Jarstad Aquatic Center Locker Room Upgrades $21,800 Eastpark Upgrades City of Bremerton Parks and Rec~ $88,500 Weatherization Kitsap Community Resources $50,490 Alternate Proiects ADA Curbcuts City of Bremerton Public Works Fully fund (up to $60,000) Eastpark Upgrades City of Bremerton Parks and Rec Fully fund (up to $98,500) Weatherization Kitsap Community Resources Fully fund (up to $100,000) I .: (-'/&d {iJ. X .. (fA N_ (fo/1 JO'J(ce DaviSo~, (~X:rz;;tti;~~"0'/ll!.~. -- J~~~.jca Ken~~dY//<)~) t. / ! : Ii / '1/ -If,!) "r-~:~,J" 'j,': ;./~,'.j.,; \ I 'ft A',-",l AYule Strange -..---'.'" V'\()((. \ ~~ '~ i , -.. \_.tLL--t. .~.",- ,'~\/-L.c.<._._____ Marie Vila CDBG Program Coordinator .,/~-/ /,.--::7.,/- ~;. //"" "'/,/ p,- -;~~;.~/ ., /'(;7._ ...//;// ::.'_" ./"..-'/ 4' - (...,,-z.-,,__-- , /0 ,,--: f--'''' :.. ~___ #1. Mich~1 Eversol~, . ./U U~~L Will Maupin . , <?--- ./ -;.. 'A 1+ .~.\.~' l-L/;Y'{'-- :::S I ,2 C' (7 t; . Date DA TE SUBMITTED: BILL # AGENDA BILL CITY OF BREMERTON CITY COUNCIL /Jf; t Ora - :J 0 r -7<: I.............................................................B.................B~~ SUBJECT: Public Hearing to consider the request for additional HOME funds by Habitat for Humanity Committee Meeting Date: 09/27/06 COUNCIL MEETING Date: 10/04/06 Department: DCD - CDBG/HOME Presenter: Betsy Howe and Marie Vila Phone: 473-5211 SUMMARY: The City accepts applications for HOME funding throughout the year, with final funding decisions made by the Council. Habitat for Humanity is requesting additional funding for New Hope, an 18-unit project on Arsenal Way. A staff memo with further information is attached. If approved, additional funding for this project will be added to the City's Action Plan to be submitted to HUD. ATTACHMENTS: Staff memo, HOME application FISCAL IMPACTS (Include Budgeted Amount): Pass through HUD funding of$502,487.56 APPROV ALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: _iff, FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: CONSENT AGENDA 0 RECOMMENDED MOTION: Move to approve HOME funding request and authorize the Mayor to excecute the contract once the Action Plan has been approved by HUD. COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action DEPARTMENT OF COMMUNITY DEVELOPMENT MEMORANDUM 1'0: Bremerton City Council From: Betsy Howe, CDBG / HOME Program Administrator ~ Date: September 13, 2006 Re: Additional Funding Request - Habitat for Humanity of Kitsap County for New Hope As you are aware, the City of Bremerton can accept applications for HOME dollars at any time during the year. Attached is an application from Habitat for Humanity for $502,487.56 to fund infrastructure and soft costs (such as utility connection fees) for an 18 unit Planned Unit Development. Our Policy Plan calls for the input of the Councilmember in whose district the project is proposed, the Mayor and DCD staff. The Mayor and I have scheduled a meeting with Habitat's Board President for September 25th to enforce a firmtimeline for project completion and verify all. other funding sources. The results of that meeting will be communicated during the September 2yth Council study session. The City has awarded funds for this project previously; $69,000.00 in 2003 for the land purchase and $562,206.52 in May of 2005 for infrastructure development. This additional . request is presented for two reasons: some costs were erroneously omitted from Habitat's original estimates and construction costs have risen considerably over the past year. I have reviewed this application and am comfortable that all expected costs are included in the overall budget. A public hearing to consider the request has been scheduled for October 4th. A current accounting of the City's HOME project funds is as follows: FY 2005: FY 2006: $ 405,594.00 $ 391,493.00 $ 797,087.00 $ 502,487.56 $ 294,599.44 Total: Minus potential allocation for Habitat for Humanity: Remaining HOME funds after this request for FY 2006: Kitsap County has also awarded HOME funds to this project. The table below shows the total subsidy proposed in each unit: HOME subsidy before additional request: Kitsap County HOME (2002) $ 58,048.35 Kitsap County HOME (2003) $116,355.52 City HOME (2003) $ 69,000.00 City HOME (2005) $565,206.52 Total: $808,610.39 Per unit: $44,922.80 HOME subsidy if current request of $502,487.56 is awarded: Total: $1,311,097.90 Per unit: $72,838.78 Total development cost including all funding, private and public: Total: $ 2,481,097.95 Per unit: $137,838.78 As always, HOME funding is ultimately the decision of the Council. Should you have any questions regarding this project, or would like to request further information or research, please do not hesitate to contact me at 473-5211. , -'. .". >CITypF BRl::NlERTON.> .\.> HOME PROJECT APP{.iCATION 1 S fP . ummary 0 rOJect Project title: (3 or 4 Word Title) New Hope Projected use of HOME funds: (4 or 5 Sentences Summarizing the Project) To provide infrastructure hard and soft costs for an 18 unit Planned Unit Development. 2. General Applicant Information Name of applicant: Habitat for Humanity of Kitsap County Federal tax ID number: 91-1981992 Address: City: State: Zip Code: PO Box 5347 Bremerton WA 98312 Proiect contact person: Lori Oberlander Title: Executive Director Telephone number of contact person: 360 479-3853 Title and Signature of Authorized Official Date n -', "--'0,/\ & i ., :'F." '. ",. I I..., i,~?7 ;(CC~.L''''/l /-\ _. I) ,~ii L' LLL/(yt>l'l () ~ rp' ;! \;" ,:.-..~~/- -fY /..-- v' (1' 'I? "_ _.J.~.-- ,,-of 3. Applicant Administrative Profile Habitat for Humanity has been building simple decent housing in partnership with low and very low income people since 1992. Since 1992, Habitat for Humanity of Kitsap County has completed 27 homes housing 37 adults and 73 children. We have accomplished this by partnering with families in need, volunteers with a variety of skills, donors, government agencies, businesses, and other local non-profits. Although New Hope is larger than any single project that we have completed, we have developed working relationships with people who have expertise in developments of all sizes. We have joined forces with MAP ltd and AI Todd to provide all engineering work and Rice Fergus Miller and Lea Duffy and Andy Kususko to provide all architectural work on this project. Both firms provide appropriate expertise and sizable discounts. Habitat for Humanity of Kitsap County has been certified as a CHDO agency by both the City of Bremerton and Kitsap County for the past five years. We request to be considered for both CHDO set-aside and the general HOME competition. Is the Organization applying as a CHDO? DNo k8J Yes If Yes: * Do you want the application to be considered for both the CHDO set-aside and the general HOME funds? fSJ Yes DNa ~ Attach CHDO checklist or predetermination City of B:::;merton HOrvlE Aoplication PaGe 1 of 22 4. Projected use of HOME funds - ProDosed Project Proposed project: Tenure of recipients: check one [8J New construction o Substantial rehabilitation (> $25,000) o Moderate rehabilitation (< $25,000) o Tenant Based-Assistance o Renters [8J Owners o Other . 5. Need Describe the need for the proposed project. The description should include characteristics such as cause, extent, and location of the specific need and should be in measurable and quantitative terms. According to the 2000 Censuses Bureau Survey, In the city ofBremerton only 40% of houses in Bremerton are owner occupied and 21 % of Bremerton households live below the poverty level. Additionally, there are 763 households in Kitsap County that lack plumbing and kitchen facilities and 114 households have no source of heat (there are even more that have inadequate heat). Out 114 with no heat, 67 live in the City of Bremerton. The need for decent affordable housing is also underscored in the Kitsap County Trend report stating that fair market rent is $700.00 per month meaning that an average family offour in the 25 - 50% income category is paying close to 44% percent of their income in rent alone. According to Kitsap County Trends Report for Fall 2004 there is an extreme shortage of homes at all levels price below $250,000. The census bureau, the Trends report and even the City's Housing Element of the Comprehensive plan show a high need for decent and affordable housing throughout Kitsap County and Bremerton. 6. General Project Information New Hope is a Planned Unit Development consisting of 18 single family attached residence. This development has already received preliminary plat. This development is located on Arsenal Way, just north of Marion in West Bremerton. All units will be owner occupied by very low income people (25 - 50% of median). This project directly meets the need for not only decent housing, but also affordable housing for Bremerton's lowest income people. Additionally, New Hope will increase the home owner occupied housing stock by 18 units. Habitat for Humanity of Kitsap County has been working with both Rice Fergus Miller and MAP Ltd to make this development a wonderful community to live. It is designed to not only meet but exceed minimum requirements for both open space and parking. The development includes a play ground area, a shared picnic area and community gardens. This project specifically meets many of the Housing goals and strategies identified in the City of Bremerton's Comprehensive plan by providing opportunities within existing neighborhoods for below market rate affordable housing and promoting residential infill development of vacant or undeveloped parcel at higher density (H5A). Other goals stated in the comprehensive plan that this project meets include increased opportunities for homeownership for low income people (H6A), open space for recreation and community building (H7B) (H8B). Habitat for Humanity is able to do this by working with all volunteer labor and donations of money and materials to build homes that are simple and decent. Homes are sold at no profit and no interest; therefore, most Habitat homes are sold well below $80,000. Habitat is a Self-Help housing ministry that empowers families by not only providing decent and affordable housing, but also provides education in budgeting, First Time Homeownership, and home maintenance through community partnerships with other non-profits and governmental agencies. Explain how the project is consistent with the Consolidated Plan: This project is consistent with the Consolidated plan because if provides simple, decent, and affordable housing in partnership with very low income people. (HS-2; HS-3;HS-4; and HS-5. r;~,.- <""<.; n~.____....__ W!'''''\l\''L' ,'__J;___~:__ Project address: Arsenal Way, just North of City: State: Zip Code: Marion (see attached map) Bremerton WA IdentifY the service area of the project: The City of Bremerton ~ Please attach a project map that identifies the project location(s) rir"l nf P,rA..n~rtt"\~, -- n.............., "".C.....,r; J.....I(")i\i1C .n."";-,l;...........~l-""",..., Sources of Financing - All Project Funding Sources Agency Name Habitat for Humanitv of Kitsap County Project Name New Hope Source (Name) Committed Conditional Tentative Federal: CDBG/HOME KC 544-02 $ 58.048.35 $ - $ - CDBG/HOME KC 526-03 $ 116355.52 $ - $- HOME City $ 69.000 HOME City $565.206.52 HOME City 2006 $502.487.56 SHOP (HFHl) 90.000 State: $ $ $ - - - - Local: - $ - $ - $ - - $ - $ - $ - Applicant: Fund for Humanity (Mortgage Money) $ $ - $ 87.000 Donations $ $ - $ 339.000 Private: Sponsors $ 385,000 $ - $ 165.000 Builders Bargains Store $ 50.000 $ - $ In-kind: Attachment 6 $ 54,000 $ - $ - - $ - $ - $ - Subtotals: $ 1387610.39 $ $ 1093487.56/ . TOT AL ALL FUNDING SOURCES $ 2,481,097.95 ., - ,- , . ". . '. -. ,". "- " -' . ". .. . .. -. - , . '..Useof Firlanci~g-iAIIFundifi~iSolJr~es.i} ..... '". - <. ,. 'i' '. ".", ,.. , , . , ,....-- ,'. ',. .<>:] Agency Name Habitat for Humanitv of Kitsap County Project Name New Hope Project Cost Amount Subtotal Source of Funds ACQUISITION COSTS: Acquisition $172,000 City and County Homebuyer assistance CDBG/HOME Other SUBTOTAL $172,000 RELATED SOFT COSTS Appraisal Architect 17,200 City and County Engineering 70,500 CDBG/HOME Design 49,405 Processing/Settlement and Financing Costs Audit Affirmative Marketing '. Contingency 42,222.38 City/HOME Other Permit and Hookup Fees 205,323.03 City/HOME SUBTOTAL $384,650.41 DEVELOPMENTAL HARD COSTS New Construction $1,080,000 Habitat for Humanity Rehabilitation Improvements $844,447.54 HfHI SHOP & City Demolition HOME Other SUBTOTAL $1,924,447.54 OTHER COSTS Relocation CHDO operating expenses Tenant Based Assistance Other SUBTOTAL OPERATING COSTS (generally not HOME costs) Services RenUMortgage Subsidies Operating Other SUBTOTAL .' TOTAL PROJECT COST $2481097.95 $2481097.95 ;,./ **Note: Total Project Cost must be equal to Total aN Funding Sources on the Source of Fund statement. 9. Sources of Cost Estimates @l Summarize and attach cost estimates Attach: earnest money agreement, option or closing statement for land and/or building(s); construction cost estimate; construction contract or preliminary bides); agreements governing the various reserves which are capitalized at closing; appraisal; and if low income housing tax credits are utilized, documentation on the syndication costs from the organization/individual who will syndicate and sell the offering. Provide supporting documentation for all other costs. 10. Total Per Unit Cost Total Project Development Cost: Total Number ofVnits in the Project Cost per unit $ 2,481,097.95 II $137,838.78 11. Match Contribution Provide the amount of the match and a detailed description of the source of the contribution. (For example ifthe contribution is cash, land or real property, describe where it is coming from; if the match is donated or voluntary labor describe who will provide it....).Include the status of the contribution, is it committed, conditional, or tentative, explain. a. Total HOME funds requested $502,487.56 b. Match contribution $1,080,000/ d. Description of match contribution: The Match contribution is private dollars from fund raising events, the Fund for Humanity, cash and material donations. This match does not include the value of unskilled volunteer labor that will do a large majority of the house construction. 12. Use of HOME funds (Total for the entire project) Indicate project costs that are proposed to be paid with HOME funds. This information is.also included in the Use of Funds statement. c. Match is 82% of HOME request a. Development hard costs b. Acquisition costs c. Related soft costs d. Relocation costs e. Costs related to TBA f. CHDO operating expenses g. Total HOME-Assisted Cost: $754,447.54 $172,000 $384,650.41 $Q $Q $Q $1,311,097.95/ h. Total Number of HOME-assisted Units i. HOME cost per unit 11 $72,838.78 12. Use of HOME funds (Additional requests ONLY) Indicate project costs that are proposed to be paid with HOME funds. This information is also included in the Use of Funds statement. r'ih. ,.....i Q.........-"""__.,...~....... . Development hard costs $358,135.54 b. Acquisition costs $172,000 c. Related soft costs $144,352.02 d. Relocation costs $0 e. Costs related to TBA $Q f. CHDO operating expenses $Q 0 Total HOME-Assisted Cost: $502487.56 "'. h. Total Number of HOME-assisted Units 18 i. HOME cost per unit $27,915.98 13. Project Objectives/Tasks/Schedule List the specific tasks to complete and manage this project, the total amount required to meet the task, the amount that will be paid using HOME funds, the source of any other funds needed to complete the task, the date when you will start the task and the date when it will be completed. Include tasks through the period of affordability. Specific tasks Total Cost HOME Cost Other Sources Start Date End Date 1. See Attached 2. 3. 5. 7. 8. 9. 10. 14. Long Term Affordability Indicate the number of years the project will be retained as affordable housing for your target income level and how this will be accomplished, for example, land covenants or deed restrictions. (See Policy Plan for requirements.) If the project is for assistance to homebuyers, include a specific description of the resale/recapture procedures that will be used. Project will remain affordable for at least 12 years. We guarantee affordability for 20 years through a silent second note on the mortgage. The mortgage consist of two notes, the first note which is the price that the homeowner pays (approx. $70,000) and a second note which is the difference between what they pay and what the home is appraised at the day of the sale (approx. $150,000). The second note does not accrue interest is remains static for the first 5 years. After 5 years we forgive the second note at 1/15 per year for the next fifteen years. The second note remains silent as long as the homeowner does not sell, sub lease, or re-finance the home. If at anytime during the period of affordability, the homeowner needs to sell or we foreclose, we would either sell the home to another Habitat homeowner or we would take the proceeds from the first and second note and invest in another unit elsewhere. 15. Minority and Women Owned Businesses Identify the types of notices, bid procedures, and direct outreach that will occur in regard to affirmative marketing to minority and women owned businesses. Habitat for Humanity of Kitsap County is a grass roots organization that whole heartedly believes in supporting our local community. We have adopted a procurement policy that encourages open bidding from local businesses of all sizes. Please see attached Procurement Policy. C;r.: I")f Rr~~~'('l,f=':rt"n Hor"lF Armlic"tinn P~nA 7 of 22 16. Affirmative Marketing Habitat for Humanity seeks future homeowners, volunteers, and community partnerships through a wide variety of out reach methods that include press releases to all local newspapers and KITZ radio. We also utilize BKA T's instant TV and reader board to not only recruit potential homeowners, but also community partners, and volunteers. Additional outreach activities include flyers and letters sent to all local churches, day care centers, school districts, and local social service type agencies. Volunteers place flyers in a multitude of locations to include grocery stores and Laundromats. If your project is for homeownership you must answer questions 17 and 18 (you do not need to answer questions 19, 20,21, or 22). · rental housing you do not need to answer questions 17, 18 or 22, but you must answer 19, 20 and 21. tenant based assistance you do not need to answer questions 17,18,19,20, or 21, but you must answer 22. 17. Homeownership Requirements Describe the method of assuring that (I) all of the HOME funds will assist low income homebuyers, or existing low-income homeowners, whose family incomes are at or below 80% of the area median income. (2) the assisted housing will be the owner's principal residence; and (3) the purchase price of the property, or the appraised value of a property already owned after rehabilitation will be less than 95% of the median area purchase price. Habitat for Humanity of Kitsap County chooses applicants based on I. Need for Housing; 2. Ability to pay; and 3. Willingness to partner. Homeowners are required to fall between 25 - 50% of the median income which is verified during the selection process. We are able to keep the cost of the homes low because we use all volunteer labor and donations of money and materials from a variety of sources to build the homes. The homes are then sold at no profit and no interest. The no profit no interest loans keep the homes usually below $80,000 per unit. With no interest, the payments are usually below $400.00 per month including taxes and insurance. Habitat for Humanity builds basic homes that are decent and affordable. In this project, two bedrooms home will be 909 square feet; a three bedroom 1067 and a four bedroom 1195. Homes will include basic features like dining areas, washer/dryer hookups, appliances, blinds, and dishwashers. House includes exterior storage sheds, but no garages or carports and no basements. Habitat ensures that the homes remain owner occupied by covenant agreement with the buyer through CC&R's that state that the home must remain owner-occupied. If for some reason the family needs to sell the home, Habitat ensures that we have first right of refusal-although historically families work so hard and are so proud of being homeowners, selling their home is truly a last resort. We guarantee affordability for 20 years through a silent second note on the mortgage. The mortgage consist of two notes, the first note which is the price that the homeowner pays (approx. $70,000) and a second note which is the difference between what they pay and what the home is appraised at the day of the sale (approx. $150,000). The second note does not accrue interest is remains static for the first 5 years. After 5 years we forgive the second note at II 15 per year for the next fifteen years. The second note remains silent as long as the homeowner does not sell, sub lease, or re-finance the home. If at anytime during the period of affordability, the homeowner needs to sell or we foreclose, we would either sell the home to another Habitat homeowner or we would take the proceeds from the first and second note and invest in another unit elsewhere. Citv of 8r~iT!p.n'()n !-J,r"lt\/li= t:"r"in~i,"'-;.zri;""'\..... D.....-....... ~ ""&,,~ .. . . . - - . .18. . Ownership Income Targeting .../1 Please provide the information rec uested in the following table Size of Bouse and Income Number Monthly Targeted Assumed PITI Median Income Comments Level of PITI Maximum Family divided by adjusted for Houses HH income Size month Iv Inc{)me family size ONE BEDROOM % of Median Income 0 % of Median Income % of Median Income TWO BEDROOM . % of Median Income 2 445.00 2383.30 3 19% 28,600 - % of Median Income % of Median Income THREE BEDROOM % of Median Income 12 495.00 2866.66 5 17% 34400 % of Median Income % of Median Income FOUR BEDROOM % of Median Income 4 528.00 3070.83 7-9 17% 36850 % of Median Income ."" % of Median Income TOTAL 18 City of Brernerton HOME Application Page 9 of 22 II . ., " ..' - . . . .... .' ., . ._, ." ...- ," -',' .' ..- . . ' . ," ".19.0peratingStatement(N/A) .' . ]j Provide operating statements for # of years project will remain affordable to very low and low income households. After vear 5, projections may be in 5-year increments. (you may provide a more detailed statement) A. Operating Income: Gross Rent ReceiptsLess Vacancy Rate _%Other lncome_ Total Operating Income B. Operating Expenses Sewer/Water Electricity Gas Garbage Maintenance Management Advertising Reserves OtherExpenses Total Operating Expenses C. Net Operating Income $- D. Total Debt Service (complete table below) E. Net Cashtlow (Net Operating Income less Debt Service Total) $- $- Debt Service:LoanLoan I Amount Monthlv Payment Annual Payment Loan 2 $- $- $- Loan 3 $- $- $- Total Annual Debt Service $- $- $- $- ,.......;-10.> _. D~___~~_._ . " - -.. .20. . Project Rent Schedule (N/A) II Provide the information requested in the followinp table Type of lJ nit # of Ta rgeted Targeted Proposed Tenant paid Tenant Type of Proposed units Family Household Monthly Utilities/Servi Monthly Rent subsidy rent as 0/0 Size Income Rent ces** Plus Utilities (if any) of income SRO % of Median Income % of Median Income % of Median Income ONE BEDROOM % of Median Income % of Median Income % of Median Income TWO BEDROOM % of Median Income % of Median Income % of Median Income THREE BEDROOM % of Median Income % of Median Income % of Median Income I TOTAL I I I I I I I I I ** List utilities and services to be paid by tenant: City of Bremerton HOME Application Page 13 of 22 21. Home Rents Describe the process that will be established to assure that the rents charged in HOME assisted rental projects do not exceed the allowable amount under HOME program regulations. N/A 22. Tenant Based Rental Assistance Describe actions you will take to assure the project meets the requirements of 92.21 0 and 92.211 including tenant selection policies, lease requirements, rent reasonableness, terms of any rental assistance contract and maximum subsidies. N/A 23. Additional Information Provide any additional information you think may help us evaluate your application {:itv nf Rtpmpri'rH"l HOi\iIF Annlir.",ti()n Pace 15 of 22 Specific tasks Total Cost HOME Cost Other Sources: Start Date End Date Habitat for <\cquisition $ ] 72,000.00 $ ] 72,000.00 12/] 5/2003 12/] 5/2003 ~ite Preparation, clearing, grading, roadway, sewer, $ 844,447.54 $ 754,447.54 $ 90,000.00 3/]/2006 8/] 5/2006 ;tonn water, street lighting, electrical, gas, :elephones, etc. as per lowest responsive bidder. ~ubdivision Final Plat $ 3]5.00 $ 3]5.00 3/112006 ] 0/] 5/2006 Water fees $ 78,863.3 ] $ 78,863.3 ] 3/] /2006 12/3112008 ~torm Water fees $ 21,856.00 $ 21,856.00 3/112006 12/3112008 ..;anitary Sewer fees $ 48,321.20 $ 48,321.20 3/] /2006 12/3112008 Ri!!ht-A Way fees $ 4.880.00 $ 4,880.00 3/112006 12/31/2008 Wet-tall Water Main estimate $ 3,463.00 $ 3,463.00 3/]/2006 ] 2/31/2008 I<:lectrical-Temnorarv Power $ 2,000.00 $ 2,000.00 3/1 /2006 ] 2/31 /2008 Electrical-Permanent Power $ 18,000.00 $ 18,000.00 3/1/2006 12/31/2008 Gas-Installation Desi2:n $ . 6,405.00 $ 6,405.00 3/1/2006 8/15/2006 f<:lectrical-lnstallation Desil!n $ 43,000.00 $ 43,000.00 3/1/2006 8/15/2006 En!!ineerinl! $ 70,500.00 $ 70,500.00 3/1/2006 ]0/15/2006 Architect $ 17,200.00 $ 17,200.00 3/1/2006 ] 0/1 5/2006 Building Permit Fees (See below) $ 27,624.52 $ 27,246.52 3/112006 12/31/2007 l'otal Fees (I>ermits, hookul>s, etc) $ 205,323.03 $ 205,323.03 5% Continl!cllcy $ 42,222.38 $ 42,222.38 Construction of homes $ 1.080,000.00 $ ],080.000.00 7/31/2006 12/31/2008 Soft Costs lEn!!ineerinl! & Arch) $ 13 7,1.05.00 $ 137,105.00 1.lard Costs Infrastructure/lmDrovements $ 844,447.54 $ 754,447.54 $ 90,000.00 Total $ 2,481,097.95 $ 1,3 11,097:95 $ I 170,000.00 Building Permit Fees Breakdown Amount Units Total Price Other Costs 2 Bedroom Square Footage $ 1,232.19 2 $ 2,464.38 $ 70,460.00 Engineering 3 Bedroom Square Footage $ 1,347.69 12 $ 16,172.28 $ 17,118.07 Architect 4 Bedroom Square Footage $ 1,451.64 2 $ 2,903.28 $ 6,405.00 Gas 5 Bedroom Square Footage $ 1,590.24 2 $ 3,180.48 $ 43,000.00 Electrical Plumbing fixtures $ 7.00 122 $ 854.00 $ 5,000.00 Phone Gas Hot water Heaters $ 10.65 18 $ 191.70 $ 3,500.00 Cable Bath Fans $ 7.25 52 $ 377.00 Gas Piping $ 10.00 72 $ 720.00 Range Hoods $ 10.65 18 $ 191.70 Clothes Dryers $ 10.65 18 $ 191.70 Clothes Washer $ 7.00 18 $ 126.00 Range $ 14.00 18 $ 252.00 Total Building Permit Fees $ 27,624.52 Item OriQinal Estimat Actual Costs Difference Acquisition $ 172,000.00 $ 172,000.00 $ - Site Preparation, clearing, grading, roadway, sewer, storm water, street lighting, electrical, gas, telephones, etc. as per lowest responsive bidder. $ 396,312.00 $ 754,447.54 $ (358,135.54) Subdivision Final Plat $ 315.00 $ 315.00 $ - Water fees $ 74,079.00 $ 78,863.31 $ (4,784.31 ) Storm Water fees $ 30,922.60 $ 21,856.00 $ 9,066.60 Sanitary Sewer fees $ 36,969.30 $ 48,321.20 $ (11,351.90) Right-A Way fees $ - $ 4,880.00 $ (4,880.00) Wet-tap Water Main estimate $ - $ 3,463.00 $ (3,463.00) Electrical- Temporary Power $ - $ 2,000.00 $ (2,000.00) Electrical- Permanent Power $ - $ 18,000.00 $ (18,000.00) Gas-Installation Design $ - $ 6,405.00 $ (6,405.00) Electrical- Installation Design $ - $ 43,000.00 $ (43,OOO.00) Engineering (additional) $ - $ 58,518.41 $ (58,518.41 ) Architect (additional) $ - $ - Building Permit Fees (See below) $ 26,608.52 $ 27,624.52 $ (1,016.00) $ 565,206.42 $ 1,067,693.98. $ (502,487.56) $ $ $ 358,135.54 Hard Costs 144,352.02 Soft Costs 502,487.56 Total request for additional funds ;i~ t?if' , Habitat for Humanity' OFFICE LOCATED,' FLRST CHR ISTIAN CHURCH 81 I VENETA, BRE1vIERTON iH,4/L/t..'G: P,O, Box 5347 BREiVIERTON, W A 98312-0516 TELEPHONE: (360) 479-3853 FAX: (360)479-2149 WEB PAGE: ~~~':J\:): i l~U2h iltUlilLQ'.~ PRESIDENT JA,VN STIMAC 1'1~:c~t0!l\2 t i [,: lelli11liliH,-,,'.r~ VICE PRESIDENT SCOIT HENDEN Sl~ud~ l [it cClllliL1~~I. lk:'l. SECRETARY STEPHEN HOLIHAN ::?_:~L~:'~~~'J..:;dlL~!Jll~lJ~~~ ~E ~ TREASURER WARDSCOIT ~~!l:~~~:~I~!2-~~z.: ;~.~~tJi~~L~'_I~Lo.l EXECUTIVE DIRECTOR: LORI OBERLANDER !2iL'~_~_ tD r i5.(JJ.L~~Il?Lt ~!l)jJ. ~ lL.~: )J..~ Habitat for HllIll(lfzity of Kitsap County is a non-profit 501 (c)(3) Organization. Federal ID# 91-1981992 Building Homes Building Lives' @ TTY 1-800-833-6388 Cedi/or accessibiliry armngelllenf August 31, 2006 TO: Betsy Howe From: Lori Oberlander RE: Requested Clarifications The differences between our original application and our requests for additional funding for our New Hope Project located on Arsenal Way in Bremerton are explained as follows: 1. Overall the private funding required to complete the project has increased by $5,000 per house to accommodate increased supplies and material costs that have occurred in the market since our original application. 2. We have decreased our use of Fund for Humanity (Mortgage Money) because we have received more sponsors and have strong leads on more sponsors as we spread the word about our project and solicit private support. 3. The same is tme for donations. 4. We have also accounted for income generated from our Builders Bargains Store of $50,000. I inadvertently left this new funding source out of our revised Sources of income, which I have corrected in the enclosed corrected Sources statement. 5. The bottom line total has been corrected to reflect total sources of: $248097.95. Clarification regarding Page #6 Numbers 11 and 12 1. #11 I left.out income generated from the Builders Bargains Store of $50,000, which is a brand new source of revenue. 2. # 12 When I recalculated this number, I realized that I had reported two of the uses of HOME funds incorrectly. I reported the total use of funds in the Hard Costs Category rather than the total hard costs associated with HOME funds. After taking out the SHOP funds used for hard costs and the private funds used for hard costs, the HOME assisted use of funds for hard costs is: $754,447.54. ($1,924,447.54 - 90,OOOO(SHOP) - 1080,000(Private)) Clarification regarding the Project Objectives Tasks and Schedule 1. I have clarified the gas and electrical design as soft costs which had been counted in both soft and hard costs. This has been corrected and the tasks schedule, the sources, and uses, all reflect the total project costs at$2,481,097.95. 2. Additionally, I added the acquisition costs to the task schedule spread sheet. ,', ..'" '., . . ' :', ,," , DATE SUBMITTED: 9120/06 BILL # AGENDA BILL CITY OF BREMERTON CITY COUNCIL /112;1 0(0- dJ D .............................................................................~:~., SUBJECT: Public Hearing and consideration of Resolution No. ~l;)..... declaring intent to annex territory in the Tracy ton area of East Bremerton. Committee Meeting Date: COUNCIL MEETING Date: Department: Presenter: Phone: 9/27/06 10/4/06 Comm. Development Andrea Spencer 473-5283 SUMMARY: The Resolution approves the Petition for Annexation of Territory by owners of not less than 75% of assessed property value in the proposed area. ATTACHMENTS: 1) Resolution No.3o I ~ 2.) 75% Petition For Annexation of Territory 3.) Memorandum: Validity of Bremerton's OUAs 4.) Annexation Report and Cost / Benefit Analysis (aVtt,'/4 b/<,. tt,-r Dc{) () Ph-~) FISCAL IMPACTS (Include Budgeted Amount): Fiscal impacts as documented for the Part I Annexation area in the attached Cost /Benefit Report. APPROV ALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: , FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: RECOMMENDED MOTION: Move to pass Resolution No. 30 (.;1.. accepting the proposal to commence annexation proceedings. CONSENT AGENDA 0 COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action RESOLUTION NO. 60 J d-... A RESOLUTION of the City Council of the City of Bremerton, Washington, approving the petition for annexation of certain contiguous lands comprising approximately 84 acres in the Tracy ton area of East Bremerton more particularly described in the 75% Petition for Annexation of Territory (Petition) received by the City on September 19, 2006; and declaring Notice of Intent to Annex said territory; and authorizing filing of the Petition with the Kitsap County Boundary Review Board (BRB) for approval. WHEREAS, on September 19, 2006, the City Clerk received a Petition For Annexation of Territory from the City of Bremerton, Belko, Inc. and, pursuant to Outside Utility Agreements granting consent to annexation, other owners of property in the Tracy ton Beach Road/Tracy ton Watershed Parcel area; and WHEREAS, the proposed area for annexation is legally described and further depicted in the Petition For Annexation of Territory (Petition) attached hereto as Attachment I and incorporated herein by reference; and WHEREAS, the initiating party are the owners of not less than seventy-five percent (75%) in value of the property, according to the assessed valuation for which annexation is petitioned, and the City has determined the Petition to be sufficient in all respects; and 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 Tracy ton Beach Road/Tracy ton Watershed Parcel area; and WHEREAS, in accordance with RCW 35.13.125 on September 6,2006 the City Council of the City of Bremerton met with the initiating party and passed Resolution 3008 determining that the City willI.) accept the annexation boundary as proposed; 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, the proposed area for annexation is located within the City's Urban Growth Area (UGA); and Tracy ton Annexation WHEREAS, the land use designation previously established by the City for the proposed area for annexation is low density residential (LDR); and WHEREAS, the Shoreline Master Program designation for the proposed area for annexation is Urban Residential; and WHEREAS, the City has published and posted notice of a public hearing on the proposed Annexation in accordance with RCW 35.13.140 so that interested persons could voice their approval or disapproval of the annexation; and WHEREAS, the City Council of the City of Bremerton held a public hearing on the proposed Annexation in the City Council Chambers at a regularly scheduled meeting of the Bremerton City Council at 5:30PM on October 4,2006; and WHEREAS, the City of Bremerton will file a Notice ofIntent to Annex document with the Kitsap County Boundary Review Board (BRB) immediately following the passage of this Notice ofIntent to Annex Resolution and upon BRB approval will pass an Ordinance making the proposed Annexation effective; and WHEREAS, City Council finds that it is 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, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Petition for Annexation of Territory attached hereto as Attachment I is hereby approved. 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 City shall submit the Petition as required by law to the Kitsap Boundary Review Board (BRB) for approval. SECTION 5. 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. 2 Tracy ton Annexation 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 PAULA JOHNSTON, City Clerk " ,) Tracy ton Annexation ATTACHMENT I PETITION FOR ANNEXATION OF TERRITORY TO CITY OF BREMERTON September 19, 2006 City Council City of Bremer ton 345 6th St. Suite 600 Bremerton, W A 98337 Re: Tracy ton Beach / Watershed Parcel Annexation Dear City Councilmembers, We the undersigned, who are the owners of not less than 75% 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 Petition for Annexation of Territory to the City of Bremerton ("Petition") requesting that said real property be annexed to the City of Bremerton, Washington and \ve 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 Petition. 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 Petition. 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 Bremertori. 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 Petition for annexation. The City of Bremerton, in filing this Petition, hereby exercises these limited powers of attorney. 5. On September 6, 2006 the Bremerton City Council met with petitioners representing 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, and City Council passed Resolution 3008 approving commencement of annexation proceedings, attached hereto as EXHIBIT D. 6. The undersigned Petitioners respectfully request that the City Council of the City of Bremerton entertain this Petition and fix a date for a public hearing as per RCW 35.13.140. The undersigned Petitioners respectfully request that the City Council pass the proposed Resolution accepting and approving the proposed annexation and authorizing a filing with the Boundary Review Board of a Notice of Intent to Annex the described property. CITY OF BREMERTON Tax Parcel No. 022401 - c=:; By: Cary Bozeman, Mayor -------- BEALKO, INC. Tax Parcel No. 022401-2-003-2008 CITY OF BREMERTON ~022~~ By: Cary Bozeman, Mayor 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 cun-ent City of Bremertoll 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 comer of short plat No. 3772R-1, 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 Sh0l1 plat to the northwest comer 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 interseCtion with the south line of Lot B of short plat No. 7187R-1, 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. Together with all tidelands fronting. Together with the southwest quarter of the northwest quarter of said Section 2. 1324 1 +070."" ~, , I [l~~, J 03 401-1-1D7-2~0~" 0/240'-2-00 '-200:;022/01-2-oooJon" < v ~2~01-2~".19-20,*! I I 03' 401 1_106_2005$2...0 ::~G~og-~_~ ~__OOO.512 -000-OG6- - 022401-2-023. 00402?Jl-2-024f'J~O"" I :, ,~8 0 J I 022401-2-022-200[. I I ._\.1 ~ , oh 022401-:2-018.2001 J~:' . 362-000-001-010 032.01-1-054-200 32401-1 53-2008 CL t:A t"i V It: W ./ 02240 -2-02 2007 ~,., ".1 _'JOIn.' 032401-1-086-2009 ...--:....e 24 ~-1-05 -2001 I 022 Ol-2-01ti-f003 // b32 01-1-( 1-200032411-1-05 2003 II 022401-2-001-20IJ0022 01-2- 3-2006 022401-2-032-2003 // t~_2;~~;~002 I~, 032401-1-049-2005 # 024 r.," 022401-2-033-2002 ,/ ~ I 032401-1-0aS-200D EXHIBIT B PLAT MAP I I i I I ]3-200 JJ32401 -1-084-2001 I 032401-1.0e9-2006 1324 1-1-030-2006 ---' 2401-1-061-20 8 .) 0:: '401_1_03S_3~32401-1-06..j-2 03240' 1 '" 200502401 '"(7 !l2-101-1-03G-2lllJG" 032401-1-038-2008 If /, 3240 -1.04 024 1-1-04 -20060324 1-'-0 32 01-1-0 7-200 108 009 r.Ol-1-037-2009 032401-1- .jlj-~UUlj ,'22401-2-00.-2007 J22401-2-005-2006 32401- ? 38- 008 032401-1-039-2007 032401-1-044-2000 :J24Dl-1-040-20 )0\ 032401-1-097-2006 032401-1-040-2004 7j 03 401-1-094-2 09 032401-1-095-2008 032401.1-041-2003 \, 032401-1.096-2007 401-1-071- 401-1-073-2 0403 1- 7220' 2401-1-071-200~ - ~ 32401-1-083-200 2401-1-073-20 03240 -1- _002 022401-2-006-2005 032401-1-03,-2007 3957 022401-2-007'2004 ;.J~ -000-023 000 57-0 -024-00 }(J-02 1 ~7-00 025- 00 ~OO 00-020 00 022401 -2-003-2008 o 2401-2-017.20 2 032401-1-082-2003 395 32401-1-074-20 395 032401-1-081-2004 03' 1-1-07 05 \ 39 0~00~:~018 007 32401-1-042-200~ \ ''''"''~'=' . 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G 20_-0 1 95B> 000-9.0_ 7200 0-011- 10947~ 000-0100001 8 000-020\0 ~_" ","'1' 5~- _ '~~" 4728- 0-0 -000 ''J' X p -- c:> 4512- 01-00 Ql0'7:41' 12-001004-00 , . - - h 45'2-003- 01-0006~ E- 145'-2-0 1-002- 009 45120 .':.'10 :pos '- 'on~_02 -0005 728000-0090202 4728000-022 007447 0008 0 r..,. ~ "., ..... ~ _ ....--.1. .512003_0~000'-'-;;; I"\L.I~U;;:) 312-0000'~ 03 h"-000-021-0007 S e ",\ - 0';:" 31200001 - ~[ 728- 00-00 005 4728 00-02 -0006 l .' ~ 4512 02-00 0006 0 ~01-3 158- "'" :0; 0006 ~: '-' 5 02-001!po08 4512002-0040 05 -1_ ... 72 00-00 4728- 00.02 0 032401-4-027-2005 4013 002 ~ ~~-003 003-0 512- 312-000-01 ~~ ... - -000- 04-000 2401-4-02820 4 "2-002-010-0 7 312-000-0 -0.... 00-000-000-000 000-005 08 i'-..... .~- 451200 005-00 4 -..j 472 00-0250 4 451 -003-004 0034 2 003 ~10'l1a{I5 .... 022401-3064-2002 4 8{l00-00 - . 4512 003:~:; 0004 512002-0090000 312-000- ~ 7. 1- - -2007032 01-4-026-OC 03240 -4-018- 0 6 03-0 9-0008 4512002-0m 0 03 ;;1-1.< 00-00 001 0324 1-4-00 202 451 -003-0 8-0009 51 -002-0C -0001 01-3-159- 8 00-00 - 2 451iO~-~0~ 0002451 -003-0 6-0001 4512002-0070 02 f----;~ IlL''', \i, -t:'-'512-00-00,-0000 .312-000-0c~0-;'m ""._"........ - ood] 0-0 ,-OOOR ., 032401-4 032401- 4728 ) ;~l ~ 032401 'lll.200 ,\ ,;.. 03240 015-20\9 \~ 032401-4-015-2009 0324 01 0::>( P. 0324 -01~ ~ 02 01-3-005- 004 03:~::~~:;l:.~~~~032::4:,0~~::~:b~2 :'-3003 000 ~ \:;. 03240 4_04~_~401-4-034-' II. 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"----J _____ 03<\401-4-035 05 - g3~ .,0,;:: ~;~~~22440011__44~ 03: :~~::-041- ~~r 02 01-3-096- 004 o 01-4.022 00 2401402 2000 '007 ~7 O? 01-3-116- 00 o 2401-4-047-20 03240'-' 6-2004 a 01-.1 011 03 2401-40 2003 ~ I~~ ~,C 02 01 3095 005 2401-401 -_, 032 01-4044 04 ~ Proposed Annexation Boundary o 01-4010-2 04 0 2401-40"120 .. -:~,.,- o 401-4009.2 b7" 0,,-,," 01-3115201 4003000- 022401-3 o 01-40092 7 co w '^". ^' 02 01-300' 006 2240130 __.,p City Limits ~2401 4 008 ^O~" 24j.l..:l.u 20028004 02-00(~00S _ o 01-4-008-2 8, - - -<"I' 032 01 4-q 6-200 -BLlil -DOS-DC -0008"" 021 D Tax Parcels " UJ,240 -4-007-2009 024 1-3-00 -2005 I 03'"'0.1-"-007- ~9" 032401-4-006-00 _02 f101-3- 13-2oo3~ 4-004-0 0-0001 ;. 0 -, 02~ l 8132-000-C .:= 0-0004 ( 032401-4-030-2000 022401 -133-2009 02;j,01-3-154-2~03 oz< 01-3-017- 0 0 "Q 022402: - 53-2004;;;.. 3-132-200L ..: i- ~~401 3- ~ ~~~~~; c: ~ 022401-3- 3-2004 - ~4!401 3-138-2004 _ 3-137-2005 1St i- 8041-000 000 ~gg4401-3- 22005";' 022401-3-0 0-2005 < ~ .. 022401 3-157-2000 022401-3- ~7 2003J: 1-~ r 022401-3- 4<10 02 401-3-085-2 07 ~ 01-3156- 001 022101-3-~ 7 o ~-151--OOO- 0228'3092-:0:0:8 02 .01 30182 09022401 022 013155 002 "'?'JJI"\~ '" r,"., o ---------, "'-. )401-1- ~Oef\""'''~r\~ < ,.,r,,., ....~;r."' 50' J I ~~~l ") .,=:;Tc:r,,'v-, ~';~'i'() H_?nn.; I ""-,~. Tax Parcel Acct 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 4~28-000-022-0007 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 Bill & L YRIA AFLATOONI PAYVAND & AMANDA SCAGLIA MICHELE CEGAlIS 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 & IRE~,E T MARTIN BRUCE G GATES JEFFREY & MARKER MYRA BORGER JOHN & MARLENE GLEN MICHAEL H & SUSAN R Filing Name of OUA 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-undevetoped 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 t-JW 3549 SULPHUR SPRINGS LN NW 3573 SULPHUR SPRINGS LN NW 3585 SULPHUR SPRINGS LN i'JW 3607 SULPHUR SPRINGS LN ~,W 3610 SULPHUR SPRINGS LN '"W 3620 SULPHUR SPRINGS LN NW 3630 SULPHUR SPRINGS LN NW 3640 SULPHUR SPRINGS LN NW 3650 SULPHUR SPRINGS LN NW 3660 SULPHUR SPRINGS L~, NW 3670 SULPHUR SPRINGS LN NW 3680 SULPHUR SPRINGS LN NW EXHIBIT 0 RESOLUTION NO. '-;;0 ,'"1 .(/ "-" VQ 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 mmexation 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/Tracy ton Watershed Parcel area; and \VHEREAS, the proposed area for annexation is l~gally 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 Growth i\rea (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 willI) 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 6, 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, Tracytoit Annexation THE CITY COUNCIL OF THE CITY OF BREMERTON, ~WASHINGTON, DOES HEREBY RESOLVE AS FOLLOV\TS: SECTION 1. The Notice of Intention to Commence Annexation Proceedings attached hereto as Exhibit A is hereby accepted as presented without any geo,graphic modification to the area proposed to be annexed. SECTION 2. The City Council shall require the simultaneous adoption oftne 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 fonvard the required information to the Boundary Review Board (BRB). SECTION 5. Severabilitv, If anyone or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 6. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. PASSED by the City Council of the City of Bremerton, Washington this b#. ) day of 0.t fJrp/YYb A) , 2006. . ' - ~t~f'~ j c...... c' {/;,' . vte-t ~ CECIL McCON ELL, Council resident APPROVED AS TO FORM: R:\LEGAL\Resolutions\Community Development'.Tracyton Notice of Armexation Resolution.doc 2 Tra(vtofl Annexation INTENTION TO COMMENCE ANNEXATION PROCEEDINGS PROPOSED ANNEXATION OF TERRITORY TO CITY OF BRElVIERTON August 17, 2006 RECEIVED OFFICE OF CITY CLERK DATE t-n.o? ~ME ;;?: 30 fr>1- ~1;'f' --> ~ City Council City of Bremerton 345 61h St. Suite 600 Bremerton, W A 98337 Re: Tracy ton Beach / Watershed Parcel Annexation Dear City Council members, 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 of Intention 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 Il!-ade 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 comprehensi ve 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 _r1V~ By: Richard Butka, President CITY OF BREMERTON Tax P . 0224 / i I By: Cary B PROPERTY SUBJECT TO OUTSIDE UTILITY AGREEMENTS: See attached Exhibit C Office of the City Attorney Roger A. Lubovich, City Attorney .mora 1m TI: from: 18: Roger Lubovich , Mark Koontz ~\'~( K- Validity of Bremerton's Outside Utility Agreement Granting City Limited Power of Attorney to Sign Petition for Annexation lIalG: 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 IS, 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 "Notice of Intent 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 QUAs, 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 l-vaiver. The one against whom wai ver 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. Id. 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, 93. 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 QUAs, 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 "all 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 QUAs 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. 'City of Bremerton Tracy ton Urban Growth Area Annexation Report & Cost I Benefit Analysis September, 2006 A rftt~mtv\+-- No, ~ - Report /$ avtJ.; /4. hI e-- a f fh& D~f a.rf )'Y}e~ -r ~ f Com~'l"ni!J J).ell~ (t7flM€-/\ r DATE SUBMITTED: 9/20/2006 BILL# AGENDA BILL CITY OF BREMERTON CITY COUNCIL - ItIJ/oto -- ~ II iE ................................................................................-....... SUBJECT: Public Hearing to consider Ordinance N04Q8o establishing a new land subdivision procedures, amending chapter 20.02 Project Permits, and amending Rate Table C of Chapter 3.01 Committee Meeting Date: COUNCIL MEETING Date: Department: Presenter: Phone: 9/27/06 10/04/06 DCD Andrea Spencer 473.5283 SUMMARY: The action before the Council is to conduct a public hearing and consideration of an ordinance for land subdivision procedures, amendments to BMC 20.02 Table 040 Permit Processing Procedures to reflect the new land subdivision regulation, and amendments to Rate Table C of BMC 3.01.040 to reduce subdivision fees. A TT ACHMENTS: 1. Ordinance * Lf q <00 2. Staff Memo FISCAL IMPACTS (Include Budgeted Amount): The p oposed ordinance will reduce revenues that the city would recieve for large (many lot) subdivisions. i he reduction in fees is not anticipated to have fiscal impacts. APPROV ALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: CONSENT AGENDA 0 FISCAL/BUDGET: OPERA TrONS: COUNCIL PRESIDENT: I RECOMMENDED MOTION: Move to pass Ordinance No. 4~ 0 0 to establish a new BMC 20.12 Land Divsion, to revise BMC 20.02, Table 040 Permit Processing Procedures, and amend Rate Table C ofBMC 3.01.040. COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action DEPARTMENT OF COMMUNITY DEVELOPME'NT MEMORANDUM To: From: Date: Re: City Council Andrea Spencer, AICP 9/27/2006 Subdivision Ordinance & Fee Update Since the City's incorporation we have relied on the provisions in State law to process land subdivision applications. It is not required that we rely on state law and we have the option of adopting local regulations to manage the land division process. Now that the City has a new comprehensive plan and zoning code it is now an appropriate time to also adopt local regulations for the control of subdivision applications. The ordinance that has been drafted for your consideration accomplishes three things: 1. Creates a new chapter of the BMC to address subdivisions Jshort plats and formal plats) 2. Updates our "Permit Processing Procedures" tables to include each subdivision type 3. Updates our Community Development Fee Schedule to reduce fees for subdivisions and consistent naming conventions with the new subdivision regulations. As the reader will see, the proposed land division regulations are completely procedural (in other words, the code details submittal requirements, processing procedures, and timelines). The intent is that all subdivisions must comply with the adopted zoning regulations for lot sizes and configurations and it is not within the scope of this process to modify any of these requirements. The Planning Commission conducted a public hearing on August 15, 2006 and unanimously recommended approval of the subdivision ordinance. Staff has continued to review the ordinance and has made some additional changes to what the Commission had recommended, the most significant of which was to remove the provisions for "Boundary Line Adjustments" (BLA's). Following the Commission's public hearing staff has worked with engineering and building professionals in reviewing the proposed ordinance and they have commented that the inclusion of BLA's with the subdivision ordinance is not appropriate (since no lots are being subdivided). Based on this, Staff has removed the provisions BLA from the subdivision ordinance at this time. As indicated above, the proposed ordinance also includes amendments to BMC Chapter 20.02 Project Permits, specifically Table 040, which details how each of our permit types is processed. As a result of adopting the new Land Division regulations some additional permit types will need to be added to these tables and a few of the permit names will need to be revised to reflect the terminology used in the Land Division regulations. The final change that is related to the subdivision regulations is revisions proposed to BMC 3.01.040 Rate Table C. These changes include updates to the name callouts in the rate table to be consistent with this new ordinance. The fees are also being revised to reflect a new sliding-scale reduction to fees that will address our larger, or many lot, subdivisions. Each subdivision requires a certain amount of staff review and analysis, and it has been determined that our current fees (a flat rate for each lot, regardless of number of lots in the subdivision) are in excess of the actual staff cost needed to review and process these applications when the subdivisions are very large. Having a sliding scale with 100-lot increments will allow for a more cost reflective assessment of staff time for project review and processing. The proposed changes also include an update to the Residential Cluster Development (RCD) to eliminate the additional per dwelling unit cost, as it was inadvertently included in the table during its original adoption The RCD is not a standalone application; a Subdivision Application Fee must also accompany this submittal. Therefore the additional per-unit cost would be assessed with the subdivision submittal and is completely unnecessary as part of the RCD application. ORDINANCE NO. 1180 AN ORDINANCE of the City Council of the City of Bremerton, Washington, Repealing BMC Chapter 20.12 entitled "Short Subdivisions and Plats" and replacing it with a new Chapter 20.12 entitled "Land Division," amending BMC Chapter 20.02 Project Permits Table 040 to reflect the new Land Division regulations, and amending BMC Chapter 3.01 to update Community Development rates and fees relating to Subdivisions and Residential Cluster Developments. WHEREAS, the City adopted a new Comprehensive Plan on December 1, 2004; and WHEREAS, to implement the new Comprehensive plan the City adopted a zoning code on November 30, 2005 that established requirements for density, parcel configuration and sizes; and WHEREAS, the City Council desires to create,! new code chapter relating to the procedural processing of land subdivisions; and WHEREAS, this Land Division ordinance is intended to carry out the orderly subdivision and development ofland and sets forth clear procedures and requirements for subdivision of property, requiring such lots to conform with the Comprehensive Plan, all applicable land use and environmental regulations, and the City's adopted engineering standards; and WHEREAS, the current provisions 01'3.01.040 ofthe Bremerton Municipal Code relating to Subdivision and Residential Cluster Developments fees result in an excess of the actual staff cost needed to review and process these applications and therefore the City Council desires to revise the rate and fees for Community Development; and WHEREAS, pursuant to RCW 36. 70A.l 06 a Notice of intent to adopt this ordinance was sent to the Washington State Department of Community, Trade, and Economic Development on September 16, 2005; and WHEREAS, a legal notice was published in the Kitsap Sun on August 5, 2006 advertising an opportunity to provide testimony to the Planning Commission at a public hearing; and WHEREAS, the Planning Commission conducted a public hearing on August 15, 2006 and the Commission recommended that the City Council adopt the new Land Division regulations and associated amendments to the Project Permits table; and WHEREAS, these Land Division regulations are completely procedural and contain no substantive standards and therefore their adoption is exempt from SEP A review per 197.11.800(19); and Land Subdivision & DeD Fee Update WHEREAS, a legal notice was published in the Kitsap Sun on September 23, 2006 advertising an opportunity to provide testimony to the City Council at a public hearing; NOW THEREFORE THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Bremerton Municipal Code Chapter 20.12 entitled "Short Subdivisions and Plats" is hereby repealed in its entirety and a new Chapter 20.12 entitled "Land Division" is established as follows: 20.12.010 Purpose These regulations are for the purpose of regulating the subdivision of land and support the rights of property owners to develop their property while protecting the public health, safety and general welfare of the community, to establish procedures for the subdivision and resubdivision ofland in order to further the orderly layout and use ofland, to guide the future growth and development of the community in accordance with the goals, objectives and policies of the City's Comprehensive Plan, and to ensure compliance with the City's development and engineering requirements. 20.12.020 Applicability (a) This Chapter shall apply to all divisions oflands including short subdivisions, formal subdivisions, and binding site plans hereafter established within the incorporated areas of the City of Bremerton. (b) This chapter is applied in conjunction with BMC Chapter 2.13 (Administrative Hearing Examiner), BMC Chapter 20.02 (Project Permits), BMC Chapter 20.04 (SEP A), BMC Title 20 Division III Zoning, the Bremerton Shoreline Master Program, BMC Chapter 20.14 Critical Areas and other applicable codes referencing this Chapter. . 20.12.030 Exemptions The provisions of this chapter do not apply to the exemptions specified in the State law, including but not limited to: (a) Cemeteries and other burial plots while used for that purpose. (b) Divisions ofland made by testamentary provisions, or the laws of descent. (c) A division of land for the purpose of lease when no residential structure, other than mobile homes or travel trailers, are to be placed upon the land. (d) Division of land due to condemnation or sale under threat thereof, by an agency or division of government vested with the power of condemnation. (e) A division ofland into lots or tracts ofless than three (3) acres that is recorded in accordance with chapter 58.09 RCW (Survey Recording Act) and is used or to be used for the purpose of establishing a site for construction and operation of consumer-owned or investor- owned electric utility facilities. The exemption only applies to electric utility facilities that will be placed into service to meet the electrical needs of a utility's existing and new customers. New customers are defined as electric service locations not already in existence as of the date that electric utility facilities subject to the provisions of this Section are planned and constructed; (f) A di vision of land for the purpose of leasing land for facilities providing personal wireless services while used for that purpose. 2 Land Subdivision & DCD Fee Update (g) A division ofland for the purpose of dedicating to the public such tracts oflands for open spaces, drainage ways, roads, alleys, easements, parks, playgrounds, sites for schools, school grounds, water supplies, sanitary wastes and other general purposes that may be required to protect the public health, safety and welfare. (h) Condominiums, pursuant to RCW 58.17.040. 20.12.040 Definitions The following definitions apply to this Chapter and they should be used in conjunction with other definitions found in BMC Title 20. However, these definitions are not intended to replace or alter similar definitions found elsewhere within the Bremerton Municipal Code except when specifically applied to the provisions of this Chapter. Auditor, County means the person defined in Chapter 36.22 RCW or the office of the person assigned such duties under the Kitsap County Charter. Binding Site Plan means a drawing to a scale specified by this Chapter which: (a) identifies and shows the areas and locations of all streets, roads, improvements, utilities, open spaces, and any other matters specified by local regulations; (b) contains inscriptions or attachments setting forth such appropriate limitations and conditions for the use of the land as are established by the local government body having authority to approve the site plan; an<~ (c) contains provisions making any development be in conformity with the site plan. Block means a group oflots, tracts, or parcels within well-defined and fixed boundaries. Bond means a satisfactory security to insure performance and/ or warranty. Buildable Lot means a tract or parcel of land, legally created, which is intended for use for the placement of structures separate from other parcels. . City means City of Bremerton. Comprehensive Plan means the City of Bremerton Comprehensive Plan as adopted and amended. Concurrency means the requirement that development applications demonstrate that adequate public facilities be available at prescribed levels of service concurrent with the impact or occupancy of development as defined in the City's Comprehensive Plan. . Dedication means the deliberate appropriation of land by an owner for any general and public uses, reserving to himself or herself no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted. Day(s) means calendar days and includes Monday through Sunday and all holidays. Department means the City of Bremerton Community Development Department. Director means the City of Bremerton Director of Community Development and/or his/her designee. 3 Land Subdivision & DCD Fee Update Division of Land means any segregation of land that creates lots, tracts, parcels, or sites not otherwise exempted by this title that alters or affects the shape, size or legal description of any part of the owner's land. Electric Utility Facilities means un-staffed facilities except for the presence of security personnel that are used for or in connection with; or to facilitate the transmission, distribution, sale, or furnishing of electricity including, but not limited to, electric power substations. Hearing Examiner means the person appointed by the mayor, with the powers and duties prescribed in BMC Chapter 2.32. Lot means a fractional part of divided lands having fixed boundaries being of sufficient area and dimension to meet the minimum and maximum underlying zoning district requirements for width, area and street frontage. The term shall include tracts or parcels. Personal Wireless Services means any federally licensed personal wireless service. "Facilities" means un-staffed facilities that are used for the transmission or reception, or both, of wireless communication services including, but not necessarily limited to, antenna arrays, transmission cables, equipment shelters, and support structures. Plat means a map or representation of a subdivision, showing thereon the division of a tract or parcel ofland into lots, blocks, streets and alleys, or other divisions and dedications. Plat, Final means the final drawing ofthe subdivision and dedication prepared for filing for record with the county auditor and containing all elements and requirements set forth in this Chapter and RCW Chapter 58.17. Plat, Formal means the map or representation of a formal subdivision Plat, Preliminary means a neat and approximate drawing of a proposed subdivision showing the general layout of streets and alleys, lots, blocks, and other elements consistent with the requirements of this chapter. The preliminary plat shall be the basis for the approval or disapproval of the general layout of a subdivision or short subdivision. Plat, Short means the map or representation of a short subdivision. Plat Certificate means a title report or subdivision guarantee that is prepared by a title company for the property contained in a proposed short subdivision, subdivision or binding site plan, to include, as a minimum, all owners of record, easements and encumbrances effecting said property. State Environmental Policy Act (SEP A) means environmental review procedures required under RCW Chapter 43.21C, WAC Chapter 197-11 and BMC Chapter 20.04 Subdivision means the division or re-division of land through Short Subdivision, Formal Subdivision, or Binding Site Plan. 4 Land Subdivision & DCD Fee Update Subdivision, Formal means the division or re-division ofland into ten (10) or more lots, tracts, parcels, sites, or divisions for the purpose of sale, lease, or transfer of ownership. Subdivision, Short means the division or re-division of land into nine (9) or fewer lots, tracts, parcels, sites, or divisions for the purpose of sale, lease, or transfer of ownership. Title Notice means a written notice attached to the title of a parcel ofland by the property owner at the request of the City of Bremerton with a recording of said notice at the Kitsap County Auditor's Office per a legal description of said parcel for the purpose of notifying the property owner or future property owner of particular circumstances related to said parcel such as warning statement(s), limitation(s), restriction(s) or other. Title Report means the written analysis of the status of title to real property, including a property description, names of titleholders and how title is held (joint tenancy, etc.), encumbrances (mortgages, liens, deeds of trusts, recorded judgments), and real property taxes due. Tract means land reserved for special uses such as open space, surface water retention, utilities, or access. Tracts are not counted as lots nor considered as building sites. 20.12.050 Administration The Director is vested with the duty of administering and implementing the provisions of this Chapter. 20.12.060 General Provisions (a) Submittal: All applications made pursuant to this Chapter shall be to the Department. (b) Minimum Requirements: The provisions set forth in this Chapter shall constitute the minimum requirements necessary to promote the public health, safety, and general welfare. (c) Preliminary Consultation: Any person who desires to subdivide land within the boundaries ofthe City should consult with the Department at an early date to become familiar with the requirements of this Chapter and for assistance in understanding the engineering requirements and the construction standards of the City. (d) Compliance: Whenever any parcel ofland is divided into two (2) or more lots, no person, firm, corporation or agents of them shall sell, transfer or advertise for sale or transfer any such lot without having a subdivision recorded unless preliminary subdivision approval expressly conditions a performance of an offer or agreement to sell, lease, or otherwise transfer a lot, tract, or parcel ofland on the recording of the final plat pursuant to RCW Section 58.17.205. (e) Critical Areas Environmental Consideration: Lands designated as critical areas such as wetlands, aquifer, streams, flood hazards, geological hazards and wildlife habitats shall not be subdivided or have lot lines adjusted unless adequate safeguards are provided as prescribed in BMC Chapter 20.14 (Critical Areas). (f) Critical Areas Notice on Title: When a critical area is verified on a property by an assessment or delineation, a notice of its presence shall be recorded by the applicant at the office of the Kitsap County Auditor. The notice may be on the face of a subdivision, or it may be on a form specified by the Department. The notice shall be notarized and proof must be submitted that the notice was legally recorded before final approval for development is issued. 5 Land Subdivision & DeD Fee Update The notice shall run with the land and failure to record such notice shall be in violation of this Chapter. (g) Fees: The applicant shall pay a fee according to the fee schedule set forth in BMC Chapter 3.01, which shall accompany the application. (h) Bonding of Improvements: In lieu of the completion of the actual construction of any required improvements prior to the approval of a final subdivision, the City may accept a bond providing for and securing the actual construction and installation of such improvements within a period specified by the City. In addition, the City may provide for methods of security, including the posting of a bond securing the successful operation of improvements for up to two (2) years after final approval. (i) Severability: If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of this chapter, or the application of the provision to other persons or circumstances shall not be affected. 20.12.070 Survey Requirements (a) A Washington State licensed land surveyor registered pursuant to RCW 18.43 shall prepare, stamp, and seal all proposed subdivisions. (b) A survey is required for all final approvals of subdivisions and shall meet the survey standards of the Revised Code of Washington (RCW) 58.09 and Washington Administrative Code (WAC) Chapter 332-130. (c) The surveyor shall certify on the final document to be recorded that it is a true and correct representation of the lands actually surveyed. (d) Whenever a survey reveals a discrepancy, the discrepancy shall be noted on the face of the subdivision. Discrepancy means: (1) A boundary hiatus; (2) an overlapping boundary; or (3) a physical appurtenance, which indicates encroachment, lines of possession, or conflict of title. 20.12.080 Subdivision Categories. When reference to "subdivision" is made in this Code, it is intended to refer to "short subdivision," "formal subdivision," "an~ "binding site plan" unless one is specified. (a) Short Subdivision: A subdivision of nine (9) or fewer lots. Land within a short subdivision may not be further divided in any manner within a period of five (5) years without filing of a final plat, except the original owner may file an alteration within five (5) years to create up to a total of nine (9) lots within the original plat boundaries. (b) Formal Subdivision: A subdivision of ten (10) or more lots. (c) Binding Site Plan: A land division for commercial and / or industrial developments. 20.12.090 Review Procedures & Approvals. Each subdivision type is processed as a different action 'Type" as described in BMC 20.02 Table 040 Project Permit Processing Procedures and summarized as follows: (a) Subdivision: Approval of all subdivisions requires a four-step process: approval of a preliminary subdivision, installation or bonding of required improvements, approval of the final subdivision, and recording of the subdivision with the Kitsap County Auditor. (1) Short Subdivision: (i) A preliminary short subdivision - Type II Director Decision. (ii) A final short subdivision - Type I Director Decision 6 Land Subdivision & DeD Fee Update a. The final short subdivision shall be submitted to the Director within five (5) years of the date that the preliminary approval became final or the short subdi vision shall become null and void. (2) Formal Subdivision: (i) A preliminary formal subdivision - Type III Hearing Examiner Decision. (ii) A final formal subdivision - Type IV City Council Decision. a. The final formal subdivision shall be submitted to the Director within five (5) years of the date that the preliminary approval became final or the formal subdivision shall become null and void. b. The following signatures on the final plat mylar are required before the Director can submit the final plat to the City Council: i. Director: Whose signature approves compliance with all terms of the preliminary plat approval of the proposed plat subdivision or dedication. ii. City Engineer: Whose signature approves the layout of streets, alley and other rights of way, design of bridges, sewage and water systems and other structures. Additionally, the City Engineer's signature approves the adequacy of the proposed means of sewage disposal and water supply if City services are provided. iii. Kitsap County Health District: Whose signature approves the adequacy of the proposed means of sewage dispo~al and water supply if City services are not provided. iv. Kitsap County Treasurer: Whose signature confirms a statement that all taxes and delinquent assessments for which the property may be liable as of the date of certification have been duly paid, satisfied or discharged.. v. Property Owner: Whose signature confirms a statement that the subdivision has been made with the free consent and in accordance with the desires oftheowner(s). (3) Binding Site Plan: (i) A preliminary binding site plan - Type II Director Decision. (ii) A final binding site plan - Type I Director Decision. a. The final binding site plan shall be submitted to the Director within two (2) years of the date that the preliminary approval became final or the binding site plan shall become null and void. b. The following signatures on the binding site plan mylar are required before the Director can approve the final binding site plan: i. City Engineer: Whose signature approves the layout of streets, alley and other rights of way, design of bridges, sewage and water systems and other structures. Additionally, the City Engineer's signature approves the adequacy of the proposed means of sewage disposal and water supply if City services are provided. ii. Kitsap County Health District: Whose signature approves the adequacy of the proposed means of sewage disposal and water supply ifCity services are not provided. 111. Kitsap County Treasurer: Whose signature confinns a statement that all taxes and delinquent assessments for which the property may be liable as of the date of certification have been duly paid, satisfied or discharged. iv. Property Owner: Whose signature confirms a statement that the division of land has been made with the free consent and in accordance with the desires ofthe owner(s). 7 Land Subdivision & DeD Fee Update 20.12.100 Approval Criteria - Preliminary Subdivision The following criteria shall be used to review and approve preliminary short subdivisions, formal subdivisions, and binding site plans: (a) The subdivision is in conformance with the Comprehensive Plan, Shoreline Master Program, and any other city adopted plans; (b) Provisions have been made for water, storm drainage, erosion control and sanitary sewage disposal for the subdivision that are consistent with current standards and plans as adopted in City code or ordinance; ( c) Provisions have been made for road, utilities, street lighting, street trees and other improvements that are consistent with the zoning code and Engineering Standards; (d) Provisions have been made for dedications, easements and reservations; (e) The design, shape and orientation of the proposed lots are appropriate to the proposed use. In addition to meeting the minimum lot size density requirement, each residential lot must provide a building envelope. Therefore, comer lots, lots with easements, or lots with environmental constraints may have to be larger than other lots in the subdivision; (f) The subdivision complies with the relevant requirements of the zoning code and all other relevant local regulations; (g) Appropriate provisions are made to address all impacts identified by any special reports that have been prepared; (h) Appropriate provisions for maintenance and monitoring of privately owned common facilities have been made; (i) Appropriate provisions, in accordance with RCW 58.17.110, are made for: (1) The public health, safety, and general welfare and for such open spaces, drainage ways, streets, or roads, alleys or other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds and all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school, and (2) The public use and interest will be served by the platting of such subdivision and dedication. 20.12.110 Submittal Requirements - Preliminary Subdivision An applicant seeking approval of a short subdivision, formal subdivision, or binding site plan must submit a complete application requesting approval. It is the responsibility of the applicant to provide all of the necessary information before the application is processed. In conjunction with the appropriate fee, a complete application for a preliminary subdivision approval shall contain, but is not limited to, the following: (a) Application Form & Project Narrative Description: Application shall be made on the appropriate forms prescribed by the Department and shall be signed and dated by the property owner or authorized agent. When an authorized agent is involved, they shall provide proof they represent the legal interests of the property owner. The application shall contain each of the following: (1) The name, address and telephone number of the applicant and person( s) to be contacted; (2) The Kitsap County Assessor's tax identification number; (3) The name, address and telephone number of the owner(s) of the property; (4) Address or location of the property to be subdivided; (5) Legal description of the property; 8 Land Subdivision & DCD Fee Update (6) The name of the school district serving the development; (7) The existing zone classification; (8) The existing shoreline environmental designation if any land is within two-hundred (200) feet of the shoreline; (9) Approximate project site lot area in acres; (10) . The range of lot sizes in square feet; (b) Preliminary Plan: Seven (7) copies of the preliminary plat! short plat/ binding site plan drawn to scale. The preliminary plan shall contain the following illustrations (multiple sheets may be used in order to provide clarity): (1) Location of the site by Section, Township, Range; (2) North arrow, scale and the boundary of the lands being subdivided; (3) Approximate boundaries of all blocks, the designation oflots, lot lines, and dimensions; (4) The name of any adjacent subdivisions; (5) The approximate location, names and width of all existing and proposed streets, roads and access easements within the boundaries of the lands being subdivided and adjacent lots; (6) The location of existing and proposed improvements such as storm water facilities, sidewalks, utilities, power poles, etc. within the boundaries of the lands being subdivided and adjacent lots; (7) The location of transit stops within one-hundred (100) feet of the boundaries of the lands being divided; (8) All existing and/ or proposed easements or divisions proposed to be dedicated for any public purpose or for the common use of the property owners of the lands being subdivided; (9) A full and correct description ofthe lands being subdivided; (10) Approximate location of existing structures, septic tanks, drain fields, wells and other improvements located on the site and whether such structures are proposed to remain on the property; (11) Shoreline, streams, wetlands, wildlife habitats and geologically hazardous areas as defined in BMC Chapter 20.12 (Critical Areas) and Shoreline Master Program; (12) Topographical information showing general slope information when existing slopes are greater than ten (10) percent. (c) Reduced Preliminary Plan: An eleven (11) inch by seventeen (17) inch reproducible copy of the preliminary site plan containing the information prescribed in BMC Section 20.12.140(b). (d) Vicinity Map: A copy of the Kitsap County Assessor's map showing the location of the existing parcel number of all abutting properties and the approximate location of the subject property clearly marked. ( e) Title Report: A title report issued within thirty days of application, showing all persons having an ownership interest, a legal description describing exterior boundary of application site and listing all encumbrances affecting the site. (t) Notice: Public notice packet as required by the corresponding application. SEPA: Environmental (SEP A) checklist if the division ofland is not exempt under WAC 197-11-800. (g) Water and Sewer Availability: Information on the availability of sewer and water services from the City Public Works Department or Kitsap County Health District. 9 Land Subdivision & DCD Fee Update (h) Other Information: Any related information and/ or studies (including but not limited to stormwater report, traffic study, or geotechnical report) required by other provisions of the Bremerton Municipal code, identified in the pre-submittal conference meeting, or deemed necessary by the Director. 20.12.120 Approval Criteria - Final Subdivision The following criteria shall be used to review and approve final subdivisions: (a) Conforms to all terms of the preliminary subdivision approval; (b) Meets all zoning and engineering requirements; (c) Meets all requirements of this Chapter; and (d) Meets all applicable local and state laws that were in effect at the time of vesting. ( e) Improvements have been constructed or bonded at 150% of estimated construction value. 20.12.130 Submittal Requirements - Final Subdivision An applicant seeking final approval of a short subdivision, formal subdivision, or binding site plan must submit a complete application requesting approval. It is the responsibility of the applicant to provide all of the necessary information before the application is processed. In conjunction with the appropriate fee a complete application for a final subdivision approval shall contain, but is not limited to, the following: (a) Application Form: Application shall be made on the appropriate forms prescribed by the Department and shall be signed and dated by the property owner or authorized agent. When an authorized agent is involved, they shall provide proof they represent the legal interests of the property owner. (b) Final Plan: The final plan shall be an original that is legibly drawn in black ink on Mylar and is suitable for producing legible prints through scanning, microfilming or other standard copying procedures. The map shall measure eighteen (18) inches by twenty- four (24) inches and shall include all of the following: (1) Drawn to scale at no less than one (1) inch to two-hundred (200) feet and the scale shall be shown on the drawing; . (2) Include the date, title, name and location of the subject property, graphic scale and true north point; (3) Complete Legal description of the lands being divided; (4) The location of all existing fences, structures, and other improvements; (5) The location of any lakes, ponds, wetlands, streams, creeks, and slopes (top and toe and percentage of slope) greater than forty (40) percent; (6) Show the location of utilities, streets and easements within or abutting the subject property; (7) Display the lines of all streets and roads, alley lines, lot lines, lot and blocks numbered in numerical order, reservations, easements, and any areas to be dedicated to public use, with notes stating their purpose and any limitations; (8) Contain data sufficient to determine readily and reproduce on the ground the location, bearing, and length of every street, easement line, lot line, boundary line and block line on site; (9) Include dimensions; (10) Include section subdivision information. Methods and data used for comer reestablishment or section subdivision shall be stated on plat; iO Land Subdivision & DCD Fee Update (11) When applicable, display all interior penn anent control monuments located as detennined by the city engineer's office. All monuments and property comers shall be installed prior to the release of any bond; (12) If the subdivision includes a dedication, the following statements shall be included: (i) The dedication of all streets and other areas to the public, and individual or individuals, religious society or societies, or to any corporation, public or private, as shown on the plat, (ii) A waiver of all claims for damages against any governmental authority which may be occasioned to the adjacent land by the established construction, drainage and maintenance of said road; (13) Said statements shall be signed and acknowledged before a notary public by all parties having any interest in the lands subdivided; (14) Addressing of the individual lots; (15) Certificate for the approval signatures detailed in Section 20.12.090; (16) Treasurer's Certificate to ensure payment of taxes; and (17) Other infonnation requested during the preliminary approval. (c) Lot Numbering: Lots shall be consecutively numbered; tracts shall be lettered alphabetically and in consecutive order. (d) Plat Certificates: Three (3) plat certificates foqhe real property shall accompany the final plat. (e) Lot Closures: Perimeter lot closures for all lots, tracts, and the exterior boundary of the subdivision shall accompany the final plat. (f) Addressing: Addresses of the individual lots shall be obtained from the Public Works Department. (g) Dedications: Dedications of right-of-way are pursuant to BMC Chapter 11.12 (Transportation Development Code). 20.12.140 Modifications to Preliminary Subdivision Approval- The Director may administratively approve minor amendments' to a preliminary subdivision approval. The Hearing Examiner's approval is required after a public hearing for major amendment to a preliminary subdivision approval. Notice of the hearing shall be sent in accordance with the notice requirements for a public hearing in BMC Chapter 20.02 (Project Pennits) and to all parties of record. A major amendment includes but is not limited to any of the following: (a) Amendments that would result in an increase to the number oflots in the subdivision beyond the number previously approved; (b) Amendments that would result in the relocation of any roadway access point to an exterior street from the plat; (c) Amendments that propose phasing of plat development not previously approved; (d) Amendments that, in the opinion of the Director, would significantly increase any adverse impacts or undesirable effects of the plat. 20.12.150 Recording Final Subdivisions. All final subdivisions shall be filed for record with the office of the Kitsap County Auditor. The applicant shall furnish one (1) copy of the recorded document to the Department and one (1) copy shall be file with the office of Kitsap County Assessor. 11 Land Subdivision & DCD Fee Update 20.12.160 Expiration of Final Subdivision Approvals. Approvals of final subdivisions shall automatically expire if the plans are not recorded within one (1) year of the written approval date. 20.12.170 Subdivision Vesting. Subdivisions shall be governed by the statutes, ordinances, and regulations in effect at the time of complete application for preliminary subdivision and will continue to be vested for a period of five (5) years after the final subdivision approval. 20.12.180 Violation - Penalty (a) Any violation of any provision of this Chapter constitutes a civil violation under BMC Chapter 1.04 for which a monetary penalty may be assessed and abatement may be required as provided therein. (b) In addition to, or as an alternative to, any other penalty provided in this Chapter or by law, any person who violates any provision of this Chapter shall be guilty of a misdemeanor pursuant to BMC Section 1.12.020(2). (c) This Chapter shall not be construed to relieve from or lessen the responsibility of any person owning any land or building, constructing or modifying any subdivisions in the city for damages to anyone injured or damaged either in person or property by any defect therein; nor shall the city or any agent thereofbe held as assuming such liability by reason of any preliminary or final approval or by issuance of any permits or certificates authorized herein. SECTION 2. . Bremerton Municipal Code Chapter 20.02 "Project Permits - Table 040 Project Permit Processing Procedures" is amended to read as set for in Exhibit A attached hereto and incorporated as if fully set forth herein. SECTION 3. Chapter 3.01, Rate Table C of the Bremerton Municipal Code is hereby amended to as set forth in Exhibit "B" to this ordinance. (Note - Exhibit B sets forth Rate T.able C as amended without the related exhibits). SECTION 4. Severabilitv. If anyone or more sections, subsections, 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 5. 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 12 Land Subdivision & DCD Fee Update Approved this day of ,2006 CAR Y 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\Community Devclopment\2006 Subdivision Code and Fees.doc 13 Land Subdivision & DCD Fee Update Table 040 Project Permit Processing Procedures TYPE I DIRECTOR DECISIONS Application Type Determination Notice of Notice of Notice of of Completeness Application Hearing Decision (1) Administra ti ve No No No No determination/ code interpretation (2) Alternative Setback No No No No Approval (3)Boundary Line Adjustment We We We We ffiQlBuilding and other Yes No No No Construction Permits ~ Clearing less than 2 acres No No No No of forest ~Demolition Permit No No No No (exempt from SEP A) f:B(QlFinal Planned Unit No No No No** Development ffiffiFill and Grading Permit No No No No (exempt from SEPA) ~Home Occupation No No. No No Permit (-Wi(9) Landscaping or No No No No Alternative Landscaping Plan f+B(10) Minor Amendment No No No No to an approved Preliminary Plat ~(11) Minor Amendment No No No No to an approved Preliminary PUD f-rn(12 ) Minor Amendment No No No No to other Permits not listed f-l.44(13 ) Nonconforming use No No No No Determinations ~(14) Type I Permit or No No No No Approval Revocation f-W(15) Recreational No No No No Vehicle 90-day Permit f.l.+t(l6) Sign Permit No No No No 4%t(l7) Site Plan Review Yes No No No (exempt from SEP A)* t-l-9i(18 ) Temporary No No No No emergency wetland or stream permits t2Qi(19) Modification of No No No No Critical Areas Standards (exempt form SEPA)*** (20) Final Short Subdivision No No No No EXHIBIT A Application Type Determination Notice of Notice of Notice of of Completeness Application Hearin2 Decision (21) Final Binding Site Plan No No No No * Applicable to Site Plan Review that is independent of and not part of a building or land use application. ** Director's decision on final PUD plan shall be sent to parties of record. *** Procedures for modification of critical areas are detailed within the specific sections of the critical area regulations in Chapter 20.14 BMC. TYPE II DIRECTOR DECISIONS Application Type Determination of Notice of Notice of Notice of Completeness Application Hearing Decision (1) Administrative Yes Yes No Yes Conditional Use Permit (2) Preliminary Binding Yes Yes No Yes Site Plan (3) Demolition Permit Yes Yes No Yes (requiring SEP A) (4) F ill and Grading Yes Yes No Yes Permit (requiring SEP A) (5) Nonconforming No Yes No Yes Administrative Continuance * (6) Type II Permit or No No No No Approval Revocation (7) Site Plan Review Yes Yes No Yes (requiring SEP A) (8) Shoreline Permit Yes Yes No Yes Revision (9) Shoreline Substantial Yes Yes No Yes Development Permit (10) Preliminary Short Yes Yes No Yes Subdivision (11) Wetland or stream Yes Yes No Yes Assessment (12) Wetland or stream Yes Yes No Yes development permit (13) Building and other Yes Yes No Yes Construction Permits (requiring SEP A) (14) Modification of Yes Yes No Yes critical area standards (requiring SEPA)** (15) Stand-alone No No No No nonproject SEP A *Notice of Application shall be mailed to property owners within 300 feet of the subject property and the notice of decision shall be issued within 60 days. **Procedures for modification of critical areas are detailed within the specific sections of the critical area regulations in Chapter 20.14 BMC. TYPE III HEARING ExAMINER DECISIONS Application Type Determination of Notice of Notice of Notice of Completeness Application Hearin2 Decision (1) Non-administrative Yes Yes Yes Yes Conditional Use Permit (2) Major PUD Yes Yes Yes Yes Amendment (3) Major Amendment Yes Yes Yes Yes Preliminary Subdivision (4) Preliminary PUD Yes Yes Yes Yes (5) Preliminary formal Yes Yes Yes Yes Subdivision (6) Senior Housing Yes Yes Yes Yes Complexes (7) Shoreline Conditional Yes Yes Yes Yes Use Permit (8) Shoreline Variance Yes Yes Yes Yes (9) Type III Permit No No No No Approval Revocation (10) Variance Yes Yes Yes Yes TYPE IV CITY COUNCIL DECISIONS Application Type Determination of Notice of Notice of Notice of Completeness Application Hearin2 Decision (1) Rezone for site- Yes . Yes Yes Yes specific property* (2) Final formal No No No No Subdivision** (3) Development Yes No No No Agreement (4) Vacation of Yes Yes Yes Yes Subdivision *The Hearing Examiner holds the open-record hearing and provides a recommendation to the City Council. ** A final subdivision may-will be decided at an open public meeting; a public hearing was conducted during the preliminary subdivision phase and is not required for final approval--and-it does not require a publio hearing. R:\Legal\Legal\Ordinances\Community Development\2006 Subdivision Code and Fees Exhibit A.doc COMMUNITY DEVELOPMENT - RATE TABLE C All Rates Listed are liNot To Exceed" Fees C. DEPARTMENT OF COMMUNITY DEVELOPMENT RATE 1. SUBDIVISIONS Preliminary Short $1000 + $150 per lot Preliminary FormalbeAg Plat/Bindinq $2500 + $150 per Site Plan tat $150/lot ( 1-1 00 lots) $100/lot (101-200 lots) $75/lot (201 + lots) Final P-tat $315 2. SHORELINE MASTER PROGRAM Substantial Development Permit $650 Conditional Use Permit $1750 Shoreline Variance $1750 Permit Revision $325 Shoreline Exemption $100 3. STATE ENVIRONMENTAL POLICY ACT (SEPA) Checklist $320 Environmental Impact Statement $650 + additional Review/Adoption cost of expertise 4. APPEAL (to Hearing Examiner) $175 5. ABATEMENTS Dangerous Building $900 + Direct Service and Supply Cost Garbage & Weed $640 + Direct Service and Supply Cost 6. BUILDING PERMIT FEES -Refer to Exhibit 1 7. PLAN REVIEW FEE 65% of the building Note: 50% of the Plan Review Fee may be permit fee as set waived in cases of multiple submittals of forth in Exhibit 1 identical residential plans within a calendar year. This waiver shall not apply in the event of an applicable code change. 8. MECHANICAL PERMIT FEES -Refer to Exhibit 2 9. PLUMBING PERMIT FEES -Refer to Exhibit 3 10. GRADING PERMIT AND PLAN REVIEW FEES - Refer to Exhibit 4 EXHIBIT B 3.01 - C1 COMMUNITY DEVELOPMENT - RATE TABLE C All Rates Listed are j'Not To Exceed" Fees RATE 11. ZONING ORDINANCE Ordinance Amendments Text $740 Rezone (Map Amendment) $740 Variance Administrative $325 Public Hearing/Single Family $500 Public Hearing/Other $1750 Residential Cluster Development $1500 + $100/DU Development Agreements $1600 Conditional Use Permit Administrative (No public hearing) $350 Hearing Examiner/SF Residential $500 Hearing Examiner/Other $1750 Non-Conforming Use Determination $275 Director's Code Interpretation $175 12. COMPREHENSIVE PLAN Text or Map Amendment $1500 Combined Text and Map Amendment $2500 13. SITE PLAN REVIEW Four or fewer Residential Units $250 Other $500 14. SITE DEVELOPMENT PERMIT $500 (Fee waived if concurrent with Site Plan Review) R:\Legal\Legal\Ordinances\Community Development\2006 Subdivision Code and Fees Exhibit A.doc 3.01 - C2 DA TE SUBMITTED: 9/20/2006 BILL # ~---1.-~-U- ................................................................................F:.... - AGENDA BILL CITY OF BREMERTON CITY COUNCIL 1J6!! O~ -;2 J;!, SUBJECT: Public Hearing and consideration of Ordinance No ~ I establishing a Design Review Committee and amending BMC 20.02 Project Permits to include provisions for design review Committee Meeting Date: COUNCIL MEETING Date: Department: Presenter: Phone: 9/27/06 10/04/06 DCD Andrea Spencer 473.5283 SUMMARY: In June of this year, the City Council adopted the first set of Design Guidelines (for area of Highland & Pleasant Ave). The City will soon have building permit applications for this area and the submittals will need to show consistency with the adopted guidelines. Formal design review will be a critical component of the building permit review process to ensure that proposed developments are meeting the intent of these adopted guidelines. The proposed ordinance establishes a City of Bremerton Design Review Board which that be an advisory body to the Director of Community Development. It is anticipated that the Board will have increased responsibilities as we continue with sub area planning and the future adoption of area-specific design guidelines throughout the city. A TT ACHMENTS: Proposed Ordinance FISCAL IMP ACTS (Include Budgeted Amount): A portion of an existing DCD FTE will be utilized to staff the Design Review Board. FISCAL/BUDGET: / OPERATIONS: A ~( j' ~ ." .- COUNCIL PRESIDENT: , /~Ot.~- . '" ~ r~t:c:, RECOMMENDED MOTION: Move to pass Ordinance No.4Q e I establishing a Design Review Board and amending BMC 20.02 Project Permits to include provisions for design review. ,H. CONSENT AGENDA 0 APPROV ALS: DEP ARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: COUNCIL ACTION: D Approve D Deny D Table D Continue D No Action ORDINANCE NO. 1-1 g ( AN ORDINANCE of the City Council of the City of Bremerton, Washington, creating Chapter 2.36 of the Bremelion Municipal Code establishing a Design Review Board for the purpose of reviewing applications for building penl1its in areas having adopted design guidelines, adding a new section to Chapter 20.02 relating to permit applications requiring design review and further amending Table 040 of Chapter 20.02 of the Bremerton Municipal Code to add reference to design review. WHEREAS, the City Council adopted a new Comprehensive Plan on December I, 2004; and WHEREAS, the Comprehensive Plan encourages the physical development of the city and embraces a design review process to advance quality urban development in the city; and WHEREAS, the City has adopted Design Guidelines for the Highland A venue/ Pleasant Avenue area and expects to undertake sub area planning for other areas of the city and will adopt design guidelines for these neighborhoods as well; and WHEREAS, the City Council desires to create a new chapter of the Bremerton Municipal Code, Chapter 2.36 entitled "Design Review Board" to help facilitate the review of building permits that are subject to adopted design guidelines; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. A new chapter, Chapter 2.36, of the Bremerton Municipal Code entitled "Design Review Board" is hereby created to read as follows: Chapter 2.36 DESIGN REVIEW BOARD 2.36.010 PURPOSE OF BOARD. The purpose of the design review board is to review development applications in areas having adopted design guidelines. The design review board will review applications and make recommendations to the Director of Community Development regarding design criteria for incorporation into the development consistent with the adopted design guidelines. 2.36.020 DEFINITIONS. (a) Board means the design review board. (b) Director means the Director of Community Development, or designee. Design Review Board (c) Design guidelines mean the document entitled "Highland Avenue / Pleasant Avenue Design Guidelines" dated June 7,2006, adopted by Resolution 2994, and other similar design guidelines adopted by city council resolution or ordinance. 2.36.030 BOARD ESTABLISHED. (a) Membership. The Board shall consist of five (5) appointed members. In addition, the Director shall sit on the Board as a nonvoting member for purposes of advising the Board on regulatory and urban design issues. It is preferred that members of the Board be knowledgable in matters of design and aesthetic judgement by virtue of training, education, and/or experience. They shall possess qualities of impartiality and broad judgement, and an ability to review two- dimensional plans. Desired qualifications for Board members include an expertise in the fields of architecture, landscape architecture, urban design/planning, structural engineering, graphic, industrial and interior design, or similar disciplines. Appointees must be residents of the City for one (1) year prior to appointment. (b) Appointment. Appointment to the Board shall be made by the Mayor subject to confirmation by the City Council. Terms of office shall consist of four (4) year staggered terms with the initial terms consisting of two (2) members with two (2) year terms and three (3) members with four (4) year terms. ( c) Compensation. Board members shall serve without compensation. (d) Removal. When a member misses three consecutive meetings not excused by the Board, the position may be declared vacant by a majority vote of the Board. (e) Chailperson. The Board shall, each year, shall elect its own chairperson and create and fill such other offices as it may determine it requires. 2.36.040 MEETINGS. The Board shall meet at such times deemed necessary for conducting business. A majority of the full membership shall constitute a quorum for conducting business. Any action to be taken by the Board shall require the concurrence of a simple majority of the members of the Board qualified to vote. Meetings of the Board shall be open to the public but are not subject to the requirements of the Open Public Meetings Act, Chapter 42.30 RCW. No special notice of the meetings need be given nor shall such meetings be public hearings although nothing shall prohibit the Board from soliciting explanations and additional input from citizens, the applicant or applicant's representatives and such other sources as the Board deems necessary to enable them to complete their review of the application. 2.36.050 POWERS AND DUTIES. The design review Board shall review all applications for building permits in areas having adopted design guidelines. The Board will review the application and make a recommendation to the Director. The Board is not delegated any executive or legislative power, authority or responsibility and is not acting on behalf of the City Councilor the mayor but rather serves in an advisory capacity and makes recommendations to the Director. The Board and its members are to be free from undo influence by individual City Council members, Planning Commission members, City officials or other persons. 2 Design Review Board 2.36.060 DIRECTOR'S DECISION. The Board's recommendation shall hold substantial weight in the decision by the Director, however, the Director has the authority to accept, reject or modify the Board's recommendation or to request clarification by the Board of its recommenation. Any deviation from the recommendation shall be documented in the findings and conclusions. The Director's decision shall be incorporated into the decision on the pem1it application. 2.36.070 CONFLICT OF INTEREST. A member of the Board shall not participate in review of a project for which he or she has a conflict of interest in accordance with City Code. 2.36.080 ADMINISTRATIVE SUPPORT. The Department of Community Development shall provide administrative support for the Board. 2.36.090 RULES AND PROCEDURES. The Board may adopt rules and procedures it deems necessary for the conducting business. Provision shall be made for a record of proceedings (minutes), reports, studies, findings, conclusions and recommendations. SECTION 2. Chamer 20.02 BMC amended. Chapter 20.02 of the Bremerton Municipal Code is hereby amended to add a new section relating to permit applications requiring design review to read as follows: 20.02.085 DESIGN REVIEW Buildings that are proposed for construction in areas having adopted design guidelines are subject to review and recommendation by the Design Review Board (Board). For any development activity that requires Board review, the applicant must comply with the provisions of this section before a building permit can be approved as follows: (a) Public Meetings. All meetings of the Board shall be open to the public but are not subject to the requirements of the Open Public Meetings Act, Chapter 42.30 RCW.. (b) Conceptual Design Conference. Before submitting a building permit application, the applicant shall attend a conceptual design conference with the Board. The conference will be scheduled by the Director to occur within 30 days of written request by the applicant. The purpose of this conference is to provide an opportunity for the applicant to discuss the project concept with the Board in the early stages ofthe project development and: (1) To review preliminary sketches of the design proposal presented by the applicant; (2) To discuss how the design guidelines pertain to the proposed development; (3) For the Design Review Board to designate which design guidelines apply to the proposed development based primarily on the location and nature of the proposed development; and (4) Other application materials the applicant will need to submit with the design review application. 3 Design Review Board (c) Application. Following the conceptual design conference, the applicant may then submit a building permit application to the Department. The application shall include all documents and exhibits required for the application, as well as all materials required as a result of the conceptual design conference. (d) Public Notice. On determination of a complete application for a building permit requiring design review, the Director shall schedule a design response conference with the Board to occur within 60 calendar days. The Director shall provide public notice of the design response conference per the requirements ofBMC 20.02.100. (e) Design Response Conference. The design response stage allows the Board to review the design plans and provide direction to the applicant on issues to be resolved for final approval. The applicant shall present a the proposed project and demonstrate its consistency with the design guidelines as discussed in the conceptual design conference to the Board. The Board will consider the infom1ation presented and make a fom1al recommendation to the Director for project approval, approval with conditions, or denial. The Board may continue the conference if necessary to gather additional infom1ation necessary for its recommendation. If the conference is continued to a specific date, no futher public notice is required; otherwise notice of continuance shall be mailed to all parties participating in the design response conference. (f) Approval. Approval of a building permit that is subject to Board review is a Type II Director Decision, however the Board's recommendation shall hold substantial weight. After reviewing the Board recommendation, the Director may grant, deny or conditionally approve an application for the proposed development. Any deviation from the Board's recommendation shall be documented in the Director's findings and conclusions. The decision of the Director may be appealed per the provisions ofBMC 20.02.140. SECTION 3. Table 040 of Chapter 20.02 BMC amended. Table 040, Type II Director Decisions of Chapter 20.02 of the Bremerton Municipal Code is hereby amended to add reference to design review as set forth in Exhibit A attached hereto and incorporated herein. SECTION 4. Imolementation ofChaoter 2.36 BMC Desizn Review Board. The provisions set forth in Chapter 2.36 BMC adopted herein shall be implemented upon the appointment and confirmation of a quorum of the Design Review Board. SECTION 5. Severabilitv. If anyone or more sections, subsections, 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 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. 4 Design Review Board 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: 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\Design Review Board.doc 5 Design Review Board Table 040 Project Permit Processing Procedures TYPE II DIRECTOR DECISIONS I-----------------------------~--------------I-------------- ----------------------1_ ------__________, i Application Type Determination of i ~oticc of I ~otice of : Notice of ~' ' C I A 1" IH' 'n " r-(T)Admlnlstratt\'~-1--omp e~~fses'----i-~ '~:;~ l_ea~ln~_____I_ eCl~~Jf- CondItIOnal Use '=i I I PermIt (2) Bi~ding Site Plan Yes ~~=_ Yes_ -- No Yes-- (3) DemolItion PermIt Yes Yes No Yes (requiring SEP A) (4) Fill and Grading Yes Yes No Yes Permit (requiring SEPA) (5) Nonconforming No Yes No Yes Administrative Continuance. (6) Type II Permit or No No No No Approval Revocation (7) Site Plan Review Yes Yes No Yes (requiring SEP A) (8) Shoreline Permit Yes Yes No Yes Revision (9) Shoreline Substantial Yes Yes No Yes Development Permit (10) Short Subdivision Yes Yes No Yes (11) Wetland or stream Yes Yes No Yes Assessment (12) Wetland or stream Yes Yes No Yes development permit (13) Building and other Yes Yes No Yes Construction Permits (requiring SEP A or Desil!t1 Review) (14) Modification of Yes Yes No Yes critical area standards (requiring SEPA).. (15) Stand-alone No No No No nonproject SEP A *Notice of Application shall be mailed to property owners within 300 feet of the subject property and the notice of decision shall be issued within 60 days. "Procedures for modification of critical areas are detailed within the specific sections of the critical area regulations in Chapter 20.14 BMC. f{' [ <:gal' L<:gal\Ordinan<:<:s'_( " 'mmunlty Dcv<:lopm<:n t Jksign Rn 1<:\\- l1"ard hh,hit Ado<: EXHIBIT A