HomeMy WebLinkAbout10/04/2006 AGENDA
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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
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DATE SUBMITTED:
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
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........................................................................................
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-
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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 -
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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 #
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...........................................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 #
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.....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 - , ..'
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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!
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n
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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:
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LESSEE
Date:
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CITY OF BREMERTON
Date:
CARY BOZEMAN, Mayor
APPROVED AS TO FORM:
ROGER A. LUBOVICH, City Attorney
II
I I
LEASE AGREEMENT - 17
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State of
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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
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County of
In witness whereof! have hereunto set my hand and affixed my official seal the day and
year first ~~IWfflr~
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Notary Public in and for the State of /(/l.,-k..>->
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My commission expires: i.I / / :?;;.<.L(') Ii
County of Kitsap
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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.
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EXHIBIT "8"
EXISTING 20' WIDE \ .
CRAVEL ACCESS DRIVE .\
PROPOSED 12'x 11'i:
GRAVEL ACCESS
DRIvE
EXISTING TREES
TO BE REMOVED
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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
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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
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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
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10'
20'
NO TfS
1) Pl.N,) SHOWN IS A GRAPHIC REPRESENTATION
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2) THIS" [XiliOll Ef 1\1AY BE AMENDED OR ADDEO
TO AI ANY TIME
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,
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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
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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
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· 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
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· 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
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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
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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:
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· 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
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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
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, .
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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.
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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
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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.
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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
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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
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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)
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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
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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.
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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)
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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.
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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