The URL can be used to link to this page

Home My WebLink About01/17/2007 AGENDA IL 345 6th Street, Suite 600, Bremerton, WA 98337-1873 D (360) 473-5280 ***AMENDED*** JANUARY 17, 2007 CITY COUNCIL MEETING AGENDA 1. PRE-COUNCIL STUDY SESSION: 5:00 - 5:30 P.M. in COUNCIL CONfERENCE ROOM 603 A. General Council Business B. 15-Minute Executive Session to review "Litigation" per RCW 42.30.110 (1 )(i) 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 (#AB07-006) B. Minutes of Meeting - January 3,2007 (#AB07-007) C. Approval of Supplement No.8 to the existing Professional Services Agreement with EXEL TECH CONSULTING, INC. for the design of the Downtown Bremerton Pedestrian/BTC Access Improvement Project (#AB07-008) D. Contract Award to CONSTRUCT COMPANY for construction of "Auto Center Way Improvements: 6th Street to Southbound SR3 On-Ramp Project" (#AB07-009) E. Resolution No. 3020 authorizing the City to receive a State Revolving Fund Loan from the Washington State Department of Ecology for the Bremerton Combined Sewer WWTP Upgrade Project (#AB07-01 0) F. Ordinance No. 4995 amending Section 2.46.100 of the Bremerton Municipal Code relating to "Employee Recognition and Awards" (#AB07-011) G. Ordinance No. 4996 amending and restating the City of Bremerton's 457(b) Deferred Compensation Plan; and dissolving the Deferred Compensation Committee (#AB07-012) 6. GENERAL BUSINESS A. Ordinance No. 4997 annexing approximately 84 acres in Tracy ton to the City of Bremerton; and setting an effective date of February 1,2007 (#AB07-014) 7. PUBLIC HEARINGS A. Closed Record Hearing - Resolution No. 3021, approving Brandywine Final Plat and Planned Unit Development for 69-units (File BP06-00188) (#AB07-013) 8. COUNCIL MEMBER REPORTS 9. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING 10. STUDY SESSION - The Council will reconvene in COUNCIL CONFERENCE ROOM 603 to hear an "Update on Anderson Cove" by Council Member Dianne Robinson rIl Americans with Disabilities Act (ADA) accommodations provided upon request. Those requiring special accommodations should contact the City Clerk's Office at (360) 473-5323 by noon on the Monday preceding the Council meeting. /' CITY COUNCIL MEETING SPEAKERS LIST PLEASE NOTE THAT ALL REQUESTS FOR INFORMATION FROM THE CITY OF BREMERTON MUST BE SUBMITTED IN WRITING. THANK YOU. PLEASE PRINT YOUR NAME BELOW IF YOU PLAN TO SPEAK DURING THE COUNCIL MEETING TONIGHT SL-{Sd.V'\. ~"'ow'V">. 1--- 1--- -- -- -- AGENDA BILL CITY OF BREMERTON CITY COUNCIL BILL# fJ7-0V& SA DATE SUBMITTED: .11....a...aa.......BD..............aa...aa.a..............................m.....aa...... SUBJECT: Claim & Checks Register Approval Committee Meeting Date: COUNCIL MEETING Date: I -I )-07 Department: Financial Services Presenter: Cathy Johnson Phone: SUMMARY: ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount): APPRO V ALS: DEI' ARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: J\1A YOR: FISCAL/BUDGET: I CONSENT AGENDA [:g] I OPERATIONS: COUNCIL PRESIDENT: --it )~~ ~ R.ECOMMENDED MOTION: Move to approve: 1) Check#'s 3/37,77- y,Y/S-% EFT's 9V:;3 -9Y7~ $ ~ S/fq 90:2. 351 $ (oS- / Cf) 3, 17 2) Regular Payroll for / p...- 3 / - 0 Co 3) Retiree Payroll for COUNCIL ACTION: ~prove $ o Deny 0 Table o Continue 0 No Action AGENDA BILL CITY OF BREMERTON CITY COUNCIL BILL # JII- ()07 DATE SUBMITTED: January 5, 2007 56 II.auDu....aa..................................a.............aa.m....m..a....a...ma..m... SUBJECT: Minutes of Meeting - January 3, 2007 Committee Meeting Date: N/ A COUNCIL MEETING Date: January 17, 2007 Department: City Council Presenter: Will Maupin, Council President Phone: (360) 473-5280 SUMMARY: Attached are the minutes for the Council Meeting held January 3,2007. ATTACHMENTS: Minutes for January 3,2007. FISCAL IMPACTS (Include Budgeted Amount): 0 APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAUBUDGET: OPERATIONS: COUNCIL PRESIDENT: ~/~~ IU:COMMENDED MOTION: Move to pass the Consent Agenda as presented. I CONSENT AGENDA IZII COUNCIL ACTION: 0 Approve D Deny 0 Table o Continue 0 No Action DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, January 3, 2007 Tile 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, January 3, 2007, 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. Tile Pledge of Allegiance was led by Council Member Brad GehrinQ followed by the invocation provided by Chaplain Bill Martin of Abundant Life Foursquare Church. President McConnell announced that a Pre-Council Session to discuss General Council Business and was held prior to the meeting. ELECTION OF CITY COUNCIL OFFICERS President McConnell opened nominations for City Council President/Mayor Pro Tempore for 2007. Carol Arends nominated Cecil McConnell for City Council President/Mayor Pro Tempore. Dianne Robinson nominated Will Maupin for City Council President/Mayor Pro Tempore. President McConnell closed the nominations. 05:36:25 Position of City Council President/Mayor Pro Tempore for 2007: Voted for Will Maupin: Brockus, Priest, Shepherd, Robinson, Maupin, Wofford (6 Votes) Voted for Cecil McConnell: Gehring, McConnell, Arends (3 Votes) Will Maupin was named City Council President. President Maupin opened nominations for City Council Vice-President. Dianne Robinson nominated Brad Gehring for City Council Vice-President. Nick Wofford nominated Wendy Priest for City Council Vice-President. President Maupin closed the nominations. 05:40:25 Position of City Council Vice President for 2007: Voted for Wendy Priest: Priest, Shepherd, Maupin, Wofford (4 Votes) Voted for Brad Gehring: Gehring, McConnell, Brockus, Robinson, Arends (5 Votes) Brad GehrinQ was named City Council Vice-President. The Council then continued with the regular business meeting... MAYOR'S REPORT - Mayor Bozeman... . Thanked Cecil McConnell for his service as Council President for 2006, commenting that he led with a steady hand; and that he appreciated getting to know him better. He also congratulated incoming Chairs Will Maupin and Brad Gehring, and looked forward to working with them in 2007; . Read a Proclamation to declare the Month of January as "Youth Mentoring Month". The proclamation was accepted by Mary Ellen de la Pena, who invited the Council Members and members of the public to attend a "Kick-off Event" on Monday, January 8, 2007 from 5:30 to 7:00 PM in the Chambers of the Norm Dicks Government Center; City Council Reg. Mtg. Minutes Wednesday, January 3, 2007 Page 2 of 4 · Was pleased to see that the City ended the year with a strong 4th Quarter, and therefore the budget numbers came in as projected. He indicated that final numbers will be available in the next three weeks; . Mentioned that construction of the new Police Headquarters on Burwell was on time and within budget, and thanked Gary Sexton for the great job he has done with this project which is expected to be completed February 1, 2007; . Discussed the status of the new marina with Commissioners from the Port of Bremerton and was happy to report that the project was cqming along on time and within the budget; o Unfortunately the Harborside Condominiums is slightly behind schedule due to minor problems, but the project is still expected to be completed by April 1 J 2007; and . The remodel project of the Municipal Court is on time and is expected to be completed by February 1, 2007. He warned that the Court will shut down operations for approximately two days during the move to the new building. PUBLIC RECOGNITION & ANNOUNCEMENTS Helen Miler expressed her opinion that the Mayor and Council were remiss in not thanking Carol Arends for the work she did as Council Vice President for 2006. Cherry Rachal wanted the public to be aware of the work being done by the "REACH" program (Reaching Educational Achievement by Completing High school), which partners together with the Bremerton School District, City of Bremerton, and Olympic College to work with young, African- American males, or any young person who might need help. She, along with Pastor Dennis Payne of Ebenezer A.M.E. Church, encouraged anyone interested in volunteering their time to mentor young people to please contact them, even if only to take a few minutes to show the kids you care because with help from the community, they believe we can "take education to a new level in Bremerton". Abby Crisp, with the Bremerton Housing Authority, explained that she works at the Westpark Community Center to manage the 'Westpark Youth Program': which offers assistance to school-age children living in the Westpark area. She also asked for volunteers to mentor youth. Mike Walton, Marketing Director for the Kitsap Family YMCA, provided a monthly update of the activities taking place at the "Y", including Military Date Night the first Saturday of each month; Christmas gifts were provided to ten deserving military families; signups for Youth Instructional Basketball, Run/Walk Series, and ballet; Teen Late Night every Friday; Splash & Jam; and the upcoming Valentine Social on Tuesday, February 13 from 5:00 to 7:00 PM. Wendy Priest invited the public to attend a special art showing from 4:00 to 6:00 PM by Bremerton High School students as part of the First Friday Art Walk event at the Wesley Gallery, which is located by Evergreen Park and is open from 11 :00 AM to 11 :00 PM. Mike Shepherd announced the next phase of the Gorst Creek Restoration Project would take place on Saturday, January 13 at 9:00 AM at Glenn Jarstad Park. Volunteers will be asked to pull evasive weeds along the creek shoreline so sturdy gloves and rain boots are recommended. Dianne Robinson encouraged the Council and the public to attend the unveiling of an exclusive piece of public art designed by Yancy Wright for the wall of the Bremerton National Guard Readiness Center located at 1201 Union Avenue, on Friday, January 5, 2007 at 7:00 PM. CONSENT AGENDA A. Check Numbers 313773 through 313776; and EFT-9441 through EFT-9452 in the amount of $95,365.16 for the period ending December 31,2006; and Retiree Payroll in the amount of $75,970.10 for the pay period ending December 31,2006 (#AB07-001) B. Minutes of Meeting - December 27,2006 (#AB07-002) City Council Reg. Mtg. Minutes Wednesday, January 3, 2007 Page 3 of 4 c. Professional Services Agreement with SCHEER & ZEHNDER LLP for Legal Services (#AB07-003) There were no comments from the public. 06:01 :50 M/S/C/U (Priest/Arends) Move to approve the CONSENT AGENDA as presented. giENERAL BUSINESS 7 A - PROFESSIONAL SERVICES AGREEMENT WITH PARAMETRIX FOR A NON-MOTORIZED TRANSPORATION PLAN (#AB07-004): Michael Mecham, City Engineer, announced that the Engineering Division has selected PARAMETRIX to develop a Non-Motorized Transportation Plan. The plan will address safe routes to schools, bicycle routes and walking routes to important destinations throughout Bremerton. Helen Miller asked if this plan meant that more sidewalks would be provided. Mr. Mecham explained that yes, an integral part of this plan was to develop safe routes to schools for students. 06:12:40 M/S/C/U (Arends/McConnell) Move to approve the Professional Services Agreement with PARAMETRIX for the Non-Motorized Transportation Plan and authorize the Mayor to finalize and execute the necessary documents for this agreement, and to amend the 2007 budget to carry forward $50,000 of 2006 budgeted funds for this work. 71B - STATE PARTICIPATING AGREEMENT FOR UTILITY RELOCATIONS WITH THE WASHINGTON STATE DEPARTMENT OF TRANSPORTATION (WSDOn ON THE DOWNTOWN BREMERTON PEDESTRIAN/BTCACCESS IMPROVEMENT PROJECT (#AB07-00S): Phil Williams, Public Works & Utilities Director, explained that the Washington State Department of Transportation (WSDOT) is planning for the construction of the Downtown Bremerton Pedestrian/BTC Access Improvement Project which will require the relocation of electrical facilities and new electrical service work. The agreement identifies the work that will be performed by the City, with reimbursement by the State. There were no comments from the public. 06:20:17 M/S/C/U (Arends/Wofford) Move to authorize the Mayor to finalize and execute the State Participating Agreement for utility relocations with Washington State Department of Transportation on the Downtown Pedestrian/BTC Access Improvement Project. COUNCIL MEMBER REPORTS ,Brad Gehring thanked the Council for their support in electing him the Council Vice-President for 2007; and was pleased to see USC win the Rose Bowl on New Years Day. Adam Brockus congratulated new Council President Maupin and Council Vice President Gehring. He also expressed his enthusiasm for the Seattle Seahawks making the playoffs. "Go Hawks!" Mike Shepherd announced that members of the Evergreen Neighborhood Association would be planting lavender plants at Evergreen Park on Saturday, January 20, 2007 beginning at 9:00 AM; and would then retire to Augustino Cafe for refreshments and a neighborhood meeting. Dianne Robinson congratulated new Council President Maupin and Council Vice President Gehring; and everyone a Happy New Year. She also mentioned that she has some projects she will be pursuing this coming year. Carol Arends also congratulated new Council President Maupin and Council Vice President Gehring; and everyone a Happy New Year. She encouraged everyone to participate in this weeks First Friday Art Walk activities. City Council Reg. Mtg. Minutes Wednesday, January 3,2007 Page 4 of 4 ~ecil McConnell congratulated new Council President Maupin and Council Vice President Gehring; and also thanked the Mayor, the employees, and Council ,Members for their hard work in 2006. He specifically thanked Roger Lubovich and Laura Lyon for all their help throughout the year and for "keeping him out of trouble". He also thanked Council staff Lori Smith and Christine Grenier, and noted that without their help, nobody could do a decent job of President for this Council. Nick Wofford congratulated new Council President Maupin and Council Vice President Gehring; and thanked outgoing Chairs Cecil McConnell and Carol Arends for all their hard work. He reminded the public that the Habitat for Humanity is looking for volunteers for their New Hope Project. 1/ViII Maupin congratulated the WSU Cougar for being chosen as the best College football mascot in the Nation! He also agreed that he was remiss in thanking Carol Arends for all of her hard work last year as the Council's Vice President. President Maupin asked the Council Members to reconvene in the Conference Room for a brief discussion. With no further business, the Council Meeting was adjourned at 6:28 PM. ~nd Submitted by: - $;;tI1 ~ L.:ORI SMITH Legislative Assistant Attest: PAULA JOHNSTON, City Clerk WILL MAUPIN, City Council President WM:PJ:ls:cg /-3- 0-, DATE SUBMITTED: March 21, 2006 BILL # 1J.F::::.n::t3 AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5(, ...I......a....au.......s.............a...............D...~.......................B...D... SUBJECT: Supplement No.8 to Professional Service Agreement with Exeltech Consulting, Inc - Downtown Bremerton PedestrianlBTC Access Improvement Project Committee Meeting Date: . January 10, 2007 COUNCIL MEETING Date: January 17, 2007 Department: PW&U, Engineering Presenter: Lynn Price Phone: 473-5272 SUMMARY: The City entered into an agreement with Exeltech Consulting, Inc. on August 14,2003 for design engineering and environmental consulting services for the Downtown Bremerton Pedestrian/BTC Access Improvement Project. Supplement Agreement No.8 adds scope and budget to the Agreement and increases the contract's maximum amount payable by $85,020.38 to $4,710,985.54 ATTACHMENTS: 1. Council Summary, 2. Supplement Agreement No.8 JFISCAL IMPACTS (Include Budgeted Amount): The maximum amount payable on the contract will be increased by $85,020.38 to $4,710,985.54. Costs are 100% reimbursabie through a Federal Highway Administration Grant administered by Washington State Department of Transportation. RECOMMENDED MOTION: Move to approve Supplement No.8 to the existing Professional Services Agreement with Exeltech Consulting, Inc. for the design of the Downtown Bremerton Pedestrian/BTC Access Improvement Project for the total amount payable of$4,71O,985.54 and authorize the Mayor to finalize and execute the same. APPROVALS: DEP ARTMENT DIRECTOR: CITY ATTORNEY: FllNANCE DIRECTOR: MAYOR: FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: COUNCIL ACTION: 0 Approve 0 Deny 0 Table ab, Agenda Bills 2006, PSA Grant Writing Services Amm No 1, 3-06 o Continue 0 No Action Council Summary Supplement No.8 to PSE with Exeltech Consulting, Inc. Downtown Bremerton Pedestrian/BTC Access Improvement Project Supplement Agreement Summary The supplement agreement addresses both additional scope of services provided during the design process and the resulting increase in payment due to Exeltech Consulting. The out of scope design elements were required to address issues and specific design features that were not anticipated during the development of the original contract. Ony of the major areas of additional work was an extensive review, including sampling and laboratory testing, for contaminated soil throughout the project. A detailed breakdown of the additional work elements is included in Exhibit B-1g of the Supplement No.8 Agreement. Fiscal Summary Supplement No.8 increases the maximum amount payable by $85,020.38 to $4,710,985.54. The additional costs are 100% reimbursable through the project's Federal Highway Administration Grant, which is administered by the Washington State Department of Transportation. SUPPLEMENTAL AGREEMENT #8 City Contract No.: Maximum Amount Payable: HP1998(029) City of Bremerton Downtown Pedestrian/Bremerton Transportation Center Access Improvements 1122 $4,710,985.54 Project No.: Agency: Name of Project: The City of Bremerton (City) and Exeltech Consulting, Inc., (Consultant) desire to supplement the standard Consultant Agreement executed on August 14, 2003 as amended by Supplement #1 dated April 14, 2004, Supplement #2 dated July 13, 2004, Supplement #3 dated August 15, 2005, Supplement #4 dated December 6,2005, Supplement #5 dated February 17, 2006, Supplement #6 dated August 18, 2006, and Supplement #7 dated December xx, 2006 respectively (Agreement). All provisions in the Agreement remain in effect except as expressly modified in this Supplemental Agreement as follows: I. Section II, SCOPE OF WORK, shall be amended as follows: The Scope of Work shall be amended to as set forth in the attached Exhibit B-1 g. Attached Exhibit B-2g (Task Order Agreement) replaces Phases 3, 4, and 5 of Exhibit B-2(a- f) (Task Order Agreement, Supplements #1-6). Phases 1 and 2 have not changed. II. Section IV, TIME FOR BEGINNING AND COMPLETION remains December 31, 2008. III. Section V, PAYMENT, shall be amended as follows: Payment shall continue to be cost plus fixed fee. The Maximum Amount Payable is increased by $85,020.38 to $4,710,985.54 as set forth in the attached Summary of Payments (Exhibit A) and Budget Summary (Exhibit C). The Total Amount Authorized is increased by $87,736.35 to $4,705,456.22 as set forth in the attached Subcontracted Work (Exhibit Gg), Summary of Payments (Exhibit A) and Budget Summary (Exhibit C). Project Authorized Amounts for Phases 3, 4, and 5 are hereby amended, as set forth in the attached Task Order Agreement, (Exhibit B-2g). Phases 1 and 2 have not changed. Project phase budgets are set forth in the attached Budget Summary (Exhibit C) which replaces the Budget Summary in Supplement #6. Attached Exhibit 0-1 g (Consultant Fee Determination) supplements Exhibits 0-1 a, 0-1 b, 0- 1c, D-1d, D-1e, and D-1f - (Consultant Fee Determination - Supplements #1, #2, #3, #4, #5, and #6 respectively). Attached Exhibit Gg (Subcontracted Work) supplements Exhibit Gf (Subcontracted Work- Supplement #6.) Attached Exhibits G-1 g (Sub-consultant Fee Determination) supplements Exhibits G-1 a, G- 1b, G-1c, G-1d, G-1e, and G-1f- (Sub-consultant Fee Determination - Supplements #1, #2, #3, #4, #5, and #6 respectively), for same sub-consultants. IN WITNESS WHEREOF, the parties have executed this supplement and agree to the changes as stated above as of this day of , 2007. Exeltech Consulting, Inc City of Bremerton Santosh J. Kuruvilla Cary Bozeman, Mayor Date: Date: DEPARTMENTAL APPROVAL: Phil Williams, Director of Public Works and Utilities RECEIVED FOR FILING: APPROVED AS TO FORM: Paula Johnston, City Clerk Roger Lubovich City Attorney Exhibit "A" Summary of Payments Basic Supplement Supplement Supplement Supplement Supplement Supplement Supplement Total Agreement #1 #2 #3 #4 #5 #6 #8* Executed on Executed on Executed on Executed on Executed on Executed on Executed on Auoust 14, 2003 ADril 14, 2004 Julv 13, 2004 Auaust 18, 2005 December 6,2005 Februarv 17, 2006 Auaust 18, 2006 Direct Salary $1,478,841.57 $96,358.18 $147,016.80 $22,404.03 $965.87 $1,382.50 ($15,352.12) ($3,804.04) $1,727,812.79 Cost Overhead $1,917,895.94 $135,759.40 $167,867.83 $27,327.16 ($47,477.25) $1,432.75 $29,874.87 ($25,741.79) $2,206,938.91 (Including Payroll Additives) Direct Non- $124,918.14 $7,404.98 $10,754.00 $16,684.00 $55,746.62 $1,450.00 $25,725.00 $1 Hl,695.38 $362,378.12 Salary Costs Fixed Fee $355,778.26 $24,217.73 $29,348.53 $5,071.20 ($9,235.24) $264.75 $5,294.37 ($2,413.20) $408,326.40 Total $3,877,433.91 $263,740.30 $354,987.16 $71,486.39 $0.00 $4,530.00 $45,542.12 $87,736.35 $4,705,456.22 Amount Authorized Management $48,258.09 ----- --- --- ---- ---- ($45,542.12) ($2,715.97) $0.00 Contingency Reserve Fund (Phases 1 - 4) Management ----.. $25,000.00 ---- ($14,940.68) ----- ($4,530.00) ---- 'M____ $5,529.32 Contingency Reserve Fund (Phase 5) Phase 5 ----- $56,545.71 --- ($56,545.71 ) -- ---- ----- .----- $0.00 Surface Option Management Reserve Fund Maximum $3,925,692.00 $345,286.00 $354,987.16 $0.00 $0.00 $0.00 $0.00 $8:5,020.38 $4,710,985.54. Amount Payable * Supplement 7 did not revise financial information. DOT Form 140-063 EF Revised 10/97 Exhibit B-1 9 Supplemental Scope of Services City of Bremerton and Exeltech Downtown Bremerton PedestrianiBTC Access Improvements Supplement 8 Downtown Bremerton PedestrianjBTC Access Improvements Scope of Services - Supplement 8 Table of Contents City of Bremerton and Exeltech Supplemental Scope of Services Downtown Bremerton Pedestrian/BTC Access Improvements Suppiement 8 3200. PROJECT MANAGEMENT 3500. FINAL DESIGN AND PS&E 3502.6 Roadway Drainage, Utilities, Stormwater Management Plan 3502.8 Illumination, Signing and Striping 3502.9 Traffic ControllTraffic Signals 3504.2 Meehan ical/Electrical 3504.4 Tunnel 0 & M Costs Report 3504.5 Tunnel Support Services 3505 Final Design and PS&E Deliverables 3506 Specifications 3509 Geoprobe Investigation: Real Estate Acquisitions, Tunnel and CSO Alignments 1 Downtown Bremerton PedestrianjBTC Access Improvements Scope of Services - Supplement 8 City of Bremerton and Exeltech Supplemental Scope of Services Downtown Bremerton Pedestrian/BTC Access Improvements Supplement 8 ~"nn ~..:;uu. nnl"\. Ir-,...,.T ..A..IA,....r-..r-..IT r~v~~~1 mKNKu~M~NI Additional Project Management was needed to address a number of items that were added beyond the scope of the original contract. These items are listed in the scope description below. As requested by the City the Consultant team added RDg for landscape design. 3500. FINAL DESIGN AND PS&E 3502.6 Roadway Drainage, Utilities, Stormwater Management Plan As requested by the City plans were revised to incorporate a Puget Sound Energy (PSE) trench and restoration from the utility pole in the alley west of Pacific between Burwell St. and Fourth St. to the S.W. corner of the Pacific Ave. / Burwell St. intersection. As requested by the City andWS DOT the Consultant will coordinate franchise utility meetings, service applications and ties between museum/park project electrical service and tunnel project electrical service. ASSUMPTION: 3502.8 All utility coordination prior to 100% submittal, along with franchise utility coordination after the 100% submittal, is included within this additional work. Other utility coordination will be extra work. Illumination, Signing and Striping As requested by the City plans were revised to incorporate illumination/traffic signal service design to reduce PSE's estimated $35,000 cost to provide a separate service point to Tunnel/Burwell Street intersection. As requested by the City illumination and landscaping plans were revised to accommodate new driveway locations along westbound Burwell. 3502.9 Traffic Control/Traffic Signals As requested by the City and WSDOT concept signing plans were revised to incorporate approved signing for ferry passenger pickup / drop-off areas and to provide an overhead sign structure for tunnel entrance lane control. As requested by the City plans were revised to include a double mast arm pole plan, wiring diagram and signal pole detail at the S.E. corner of Pacific Ave. / Burwell St. As requested by WSDOT additional Traffic Control Plan sheets were prepared. 2 Downtown Bremerton PedestrianjBTC Access Improvements Scope of Services - Supplement 8 3504.2 3504.4 3504.5 3505 Mech an ical/Electrica I At the direction ofWSDOT and the City the tunnel cross section was c;hanged based on the Value Engineering Exercises, including significant additional redesign in the tunnel systems layout to accommodate the revised tunnel envelope. As requested by WSDOT the full lighting controller system was redesigned with a simplified system. As requested by WSDOT the controls system was modified to intewate with their general systems. Tunnel O&M Costs Report As requested by WSDOT and the City the report will be revised to align with the final Maintenance Agreement between WSDOT and the City of Bremerton. Tunnel Support Services As requested by WSDOT the Consultant team prepared data for and took part in a Monte Carlo exercise for the cost estimate review. Final Design and PS&E Deliverables Harborside Park Vicinity As requested by the City the design was revised to accommodate a Staircase from the BTC to Harborside Park. As requested by the City a new design was develop to replace the existing BTC Vehicle/Pedestrian Rail. As requested by the City the plans were revised to include steps & a planter adjacent to the BTC transit ramp sidewalk. As requested by the City the Consultant evaluated potential alignments for access to the Harborside Park museum from under the BTC transit deck. As requested by the City the Consultant provided su rvey and property descriptions related to a multi-parcel transfer mechanism for the Harborside Park property. Memorial Plaza Vicinity As requested by the City and WSDOT the Consultant designed a Grading Plan in the Plaza including retaining walls and curved planter/barriers As requested by the City and WSDOT the Consultant revised the design of the Retaining Wall adjacent to Building 290 to support the proposed PSNS Fence. As requested by the City the Consultant added Granite Pavers to the design. 3 Downtown Bremerton PedestrianjBTC Access Improvements Scope of Services - Supplement 8 As requested by the City the Consultant revised the design to incorporate Plaza Edge Bollards meeting PSNS security requirements. As requested by the City and WSDOT the plaza area was redesigned without the Retaining Walls and Planters. Changes Following Value Engineering As requested by WSDOT and the City the Consultant revised the tunnel horizontal and vertical alignments, the Westbound Burwell Street al,ignment, and the structural and mechanical/electrical details of the tunnel to a ccoinmodate the revised alignment. As requested by WSDOT revised right-of-Way was identified for the modified tunnel alignment. As requested by WSDOT and the City the Consultant surveyed and prepared legal descriptions for temporary & permanent easements from the Puget Sound Naval Shipyard (PSNS.) As requested by WSDOT and the City the Consultant incorporated PSNS security requirements into the contract documents, coordinated security access to Navy properties during design and revised the design to accommodate Navy design-build work in the 1st-Street Gate/Memorial Plaza area. As requested by WSDOT the Consultant evaluated multiple entrance alignment options through the WSF holding area. As requested by WSDOT and the City the Consultant revised the design to include demolition of basement walls and floors left in Plaza area. As requested by WSDOT the Consultant prepared a NEPA Reevaluation regarding the tunnel realignment. Additional Work As requested by WSDOT the Consultant incorporated Washington State Ferries (WSF) Homeland Security requirements into the contract documents and coordinated security access to WSF properties during the design. As requested by WSDOT and the City the Consultant combined all underground utilities onto one series of sheets. As requested by WSDOT (WSF) the Consultant revised the design to relocate the ADA toll booth, added a storage shed and a canopy over the toll booths. As requested by the City the Consultant revised the design to include roll-up security gates at each end of the tunne I. . 4 Downtown Bremerton PedestrianjBTC Access Improvements Scope of Services - Supplement 8 As requested by WSDOT the Consultant surveyed and provided property descriptions and parcel maps to clarify Kitsap TransiUWSF property line discrepancies remaining since BTC construction. As requested by WSDOT the Consultant revised the plans to include ADA- r~bt~rl mnrlifir~tinnc:. tn th~ c:.irl~\M~ II< ~rli~r~nt tn th~ k'ik~n Tr~nc:.it hllil rlinn ........................... ............................................. ........ .......... ............-..........'''' -""J............................. "'0""" . .........-,... . .................. ......................::3. As requested by the City planters were designed for the BTC transit deck area. As requested by WSDOT the Consultant prepared multiple FHWA Funding Requirements Updates for WSDOT, including identifying construction cash flow by federal fiscal year. As requested by WSDOT and the City the Consultant coordinated and participated in a meeting regarding granite paver placement and maintenance with the City of Seattl e. As requested by the City the design was revised to incorporate a remedy for an undocumented structural sidewalk on 1 sl Street. As requested by WSDOT the Consultant revised the special provisions to include an "Imposed Restrictions" list. 3506 Specifications As requested by the City and WSDOT the Consultant developed specifications and special provisions as appropriate regarding the items listed above under Final Design and PS&E Deliverables. As requested by WSDOT the Consultant revised the specification to include both FHWA and EPA/Ecology MWDBE requirements. As requested by WSDOT the Consultant revised the special provisions to include an "Imposed Restrictions" list. 3509 Geoprobe Investigation: Real Estate Acquisitions, Tunnel and CSO Alignments Geotechnical drilling identified potentially contaminated soils in the WestSound Bank parking lot, requiring geoprobe investigation of that site. As requested by WSDOT and the City the Consultant performed further sample collection and laboratory testing to determine the extent of soil contamination throughout the project including the tunnel and CSO alignments and incorporated the results into the plans and specifications for the project. 5 Exhibit 8-29 Scope of Work (Task Order Agreement) Each item of work under this AGREEMENT will be provided by task assignment. Each assignment will be individually negotiated with the CONSULTANT. The amount ,established for each assignment will be the maximum amount payable for that assignment unless modified in writing by the AGENCY. The AGENCY is not obligated to assign any specific number of tasks to the CONSULTANT, and the AGENCY'S and CONSUL T ANT'S obligations hereunder are limited to tasks assigned in writing. Task assignments may include but are not limited to, the following types of work: A. Phase I - Environmental Documents and Supporting Work B. Phase 2 - Preliminary Design and Supporting Work C. Phase 3 - Final Design and Supporting Work D. Phase 4 - Construction Support Services and Supporting Work E. Phase 5 - Permitting and Design of Trunk Storm Sewer and Supporting Work F. Task assignments made by the AGENCY shall be issued in writing by a Formal Task Assignment Document similar in fonnat to page 2 of this Exhibit. An assignment shall become effective when a Formal Task Assignment Document is signed by the CONSUL T ANT and the AGENCY, except that emergency actions requiring a 24-hour or less response can be handled by an oral authorization. Such oral authorization shall be followed up with a Formal Task Assignment Document within four working days, and any billing rates agreed to orally (for individuals, sub consultants, or organizations whose rates were not previously established in the AGREEMENT) shall be provisional and subject to final negotiation and acceptance by the AGENCY. Exhibit 8-29 Formal Task Assignment Document Task Number Phase 3 The general pmvisions and clauses of Agreement Assignment. shall be in full force and effect for this Task Location of Project: Bremerton, Washington Project Title: Downtown Pedestrian/Bremerton Transportation Center Access Improvements Maximum Amount Payable Per Task Assignment: $2,604,231.11 Completion Date: Description of Work: (Note attachments and give brief description) Final Design and Supporting Work, to carry one alternative from the 30% design-level to ad-ready final plans, specifications and estimates. Agency Project Manager Signature: Date: Oral Authorization Date: See Letter Dated: Consultant Signature: Date: Agency Approving Authority: Date: Exhibit 8-29 Formal Task Assignment Document Task Number Phase 4 The general provisions and clauses of Agreement Assignment. shall be in full force and effect for this Task Location of Project: Bremerton, Washington Project Title: Downtown Pedestrian/Bremerton Transportation Center Access Improvements Maximum Amount Payable Per Task Assignment: $0.00 Completion Date: Description of Work: (Note attachments and give brief description) Construction Support Services and Supporting Work. Agency Project Manager Signature: Date: Oral Authorization Date: See Letter Dated: Consultant Signature: Date: Agency Approving Authority: Date: Exhibit B-29 Formal Task Assignment Document Task Number Phase 5 The general provisions and clauses of Agreement Assignment. shall be in full force and effect for this Task Location of Project: Bremerton, Washington Project Title: Downtown Pedestrian/Bremerton Transportation Center Access Improvements Maximum Amount Payable Per Task Assignment: $336,909.50 Completion Date: Description of Work: (Note attachments and give brief description) Permitting and Design of Trunk Storm Sewer. Agency Project Manager Signature: Date: Oral Authorization Date: See Letter Dated: Consultant Signature: Date: Agency Approving Authority: Date: Budget for Downtown Bremerton Pedestrlan/Bremerton Transportation Center Access Improvements, By Phases Exhibit C Total Project Budget Following Execution of Supplement 7 % of Demlch Exellech DEA HWL MM NWAA Sandwell S&W TOG AAA RDg Task Totals Tolal % of Total Contract 6.57% 47.62% 6.10% 13.32'1. 0.57% 0.78'/0 6.57% 11.06% 0.69'/. 3.39% 1.34% 100% Phase 1 13.69% $102,652.13 $303,266.24 $94,175.51 $25,870.21 $26,620.00 $24,820.47 $25,923.&5 $21,994.09 $625,322.36 Environmental Phase 2 24.94% $80,679.47 $560,297.38 $118,166.33 $204,061.19 $82,992.50 $90,291.98 52,504.40 51,138,993.25 Preliminary Design Phase 3 46.42'/. $192,910.90 $1,170,110.85 $68,420.29 $396,985.96 $225,969.98 $319,126.16 $7.979.89 $159,67'5.88 $63,051.20 Final Design $2,604,231.11 Phase 4 7.610/. $0.00 Construction Support Phase 5 7.340/. $27,073.91 5207,035.92 $6,067.41 $11,674.47 $85,057.79 CSO $336,909.50 Subconsultant Totals $403,316.41 $2,240,710.39 $286,829.60 $626,917.36 $26,620.00 $36,494.94 $308,962.48 $520,399.58 $32,478.38 $159,6'1'5.88 $63,051.20 $4,705,456.22 Total Amount Authorized 100.00% $4,705,456.22 Phases 1~4 Management Reserve Fund: Phase 5 Management Reserve Fund: Sulface Option Management Reserve $0.00 $5,529.32 $0.00 IMaximum Amount Payable - Total Project $4,710,985.541 12/22/2006 SUPPLEMENT 8 Exhibit 0-19 Consultant Fee Determination - Summary Sheet City of Bremerton Permitting and Design of Trunk Storm Sewer Start Date r:...... ....~ D_......_..........__ '-'ILJ ..,. LlIIl:;IIICI LVII Task Description: Environmental through Construction Fee Determination Consultant: EXElTECH End Date Code Classification Man Hours LABOR (Extension) Rate 05 Principal (80) x $59.00 10 QA/QC 0 x $50.00 15 Structural Lead (KK) (303) x $54.00 20 Structural Engineer 1 (MWjYP) (40) x $47.00 25 Structural Engineer 2 (SL,RS) 306 x $37.00 30 Environmental Lead (Be) 40 x $49.00 35 Environmental Support (Ke) 60 x $26.00 40 Civil Lead (RM) 210 x $45.00 45 Civil Engineer 1 (LS) 331 x $41.00 50 Civil Engineer 2 (SG) 362 x $34.00 55 Civil Engineer 3 (CC) 8 x $38.00 55 Construction Management Lead (200) x $51.00 55 Construction Engineer 1 (255) x $40.00 55 Construction Engineer 2 0 x $34.00 55 Building Engineer 1 (AJjLH) 43 x $43.00 55 Project Controller 0 x $28.00 55 Admin Support 1 (80) x $26.00 55 Admin Support 2 0 x $15.00 55 Document Editor 0 x $26.00 55 CADD Tech 1 276 x $25.00 55 CADD Tech 2 0 x $22.50 55 CADD Tech 3 0 x $20.00 Total Hours 679 Total DSC % Increase % of Work Escalation for '06 0 50 Escalation for '07 0 50 Escalated Total DSC Overhead (OH Cost -- including Salary Additives) OH Rate x DSC of 185.00% x $13,803.41 Fixed Fee (FF): FF Rate x DSC of 30.00% x $13,803.41 Reimbursables Itemized Quantity Units Rate Meals and Lodging each @ $13.94 Plans - Plotting j Repro each @ $4.50 Mappi ngjPhotosjSurveys each @ $3.50 Reproduction and Printing 0 copies @ $0.10 Field Equipment Rental Lump Sum Computers Postage and Supplies Est @ $1.00 Ferry Fare $10.60 Travel miles @ $0.425 Reimbursables Total Grand Total Reduction Due to Efficiencies Supplement #7 Requested Amount Prepared B) Date: Doll a rs (Extension) ($4,720.00) $0.00 ($16,346.52) ($1,880.00) $11,322.00 $1,960.00 $1,560.00 $9,450.00 $13,571.00 $12,308.00 $304.00 ($10,200.00) ($10,204.84) $0.00 $1,849.00 $0.00 ($2,080.00) $0.00 $0.00 $6,910.77 $0.00 $0.00 $13,803.41 $0.00 $0.00 $13,803.41 $25,536.31 $4,141.02 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $43,480.73 ($139,868.50) ($96,387.77) Exhibit Gg Subcontracted Work The agency permits subcontracted work for the following portions of the work of this agreement Activity Subconsultant Fee Project Management Oemich Consulting $32,530.62 Geotechnical Shannon & Wilson $118,288.33 Traffic Lochner . $73,569.39 Operations and Maintenance Sandwell $16,440.79 Surveying OEA ($4,977.58) Public Involvement TOG ($27,986.16) Architecture AAA ($23,741.27) Total Subcontracted Work $184,124.12 Exeltech Consulting, Inc. ($96,387.77) TOTAL $87,736.35 SUPPLEMENT 8 Exhibit G-lg Subconsultant Fee Determination - Summary Sheet City of Bremerton Downtown Pedestrian/Bremerton Transportation Task Description: Environmental through Construction Subconsultant Fee Determination Subconsultant: Demich Consulting Start Date End O"te Project # 0324 Classification Man Hours Fixed Fee (FF): FF Rate x DSC of 0.00% x Dollars Rate x $125.00 $32,226.24 $32,226.24 % of Work 50.00% $0.00 20.00% $0.00 $32,226.24 $32,226.24 $0.00 $32,226.24 $0.00 Project Manager Total Hour 258 258 Total DSC % Increase Escalation for '06 0 Escalation for '07 0 Escalated Total Overhead (OH Cost -- including Salary Additives) OH Rate x DSC of 0.00% x Reimbursables Itemized ~1eals and Lodging ~li1eage ~lapping/Photos/Su rveys Reproduction and Printing Field Equipment Rental Postage and Supplies Quantity Units day 684 mi o each o copies o each Est Rate @ @ @ @ @ @ $0.45 $0.00 $304.38 $0.00 $0.00 $0.00 $0.00 $1.00 Reimbursables Total $304.38 Grand Total $32,530.62 Prepared By Gary Demich Date: 12/22/2006 SUPPLEMENT 8 Exhibit G-lg Subconsultant Fee Determination - SummaI'( Sheet City of Bremertnn Start Date Downtcmn Pedestrian/Bremerton Transportation Center Task Descrption: Geotechnical End Date Subconsultant Fee Determination Subconsultant: Shannon & Wilson Project # 0324 Classification Man Hours Dollars (Surface) Rate ( Surface) Principal in Charge 1 0 x $68.58 $0.00 Principal in Charge 2 0 x $66.00 $0.00 Vice President -189.7829 x $55.45 ($10,524.01) Project Engineer 1 148 x $26.19 $3,875.54 Project Engineer 2 214 x $25.26 $5,406.04 Project Manager 3 0 x $36.68 $0.00 Associate 0 x $38.19 $0.00 Senior Hydrologist 0 x $27.56 $0.00 Staff Engineer/Geologist 1 0 x $24.00 $0.00 Staff Engineer/Geologist 2 10 x $25.27 $252.70 Flaggers 0 x $12.63 $0.00 Clerical 10 x $19.41 $194.09 Drafter 24 x $24.65 $591.50 Reproduction 6 x $18.48 $110.90 Total Hours 222 Total DSC ($93.24) % Increase %ofWor1< Escalation for '06 0 SO $0.00 Escalation for '07 0 50 $0.00 Escalated Total ($93.24) Overhead (OH Cost -- including Salary Additives) OH Rate x DSC of 194.60% x ($93.24) ($181.45) Fixed Fee(FF): FF Rate x DSC of 30.00% x ($93.24) ($27.97) ($302.67) Reimbursables Itemized Quantity Units Rate Phase 3 Mileage and Ferry Costs 26.0 day @ $28.20 $733.20 Sampling Equipment 13.0 day @ $25.00 $325.00 Geoprobe Subcontractor 1 each @ $1,948.00 $1,948.00 Geoprobe Subcontractor 1 each @ $26,874.00 $26,874.00 Traffic Control Subcontractor 1 each @ $1,480.00 $1,480.00 Utility Locator Subcontractor 1 each @ $450.00 $450.00 Analytical Testing Subcontract each @ $1,000.00 $0.00 Halogenated VOCS 186 each @ $115.00 $21,390.00 TCLP VOCs 30 each @ $245.00 $7,350.00 RCRA 8 Metals 116 each @ $130.00 $15,080.00 Mod, From MTCA 5 to 11 Metals 70 each @ $50.00 $3,500.00 Volatile Organic Compounds (VOCs) 16 each @ $200.00 $3,200.00 Diesel-range extended total 8 each @ $105.00 $840.00 Gasoline-range total petroleum 8 each @ $105.00 $840.00 Metals in soil (Ar, Cd, Cr, Pb, and H.J) 8 each @ $105.00 $840.00 Metals in water (Ar, Cd, Cr, Pb, and Hg 8 each @ $130.00 $1,040.00 Polynuclear aromatic hydrocarbons 16 each @ $200.00 $3,200.00 Lab Costs 1 each @ $4,000.00 $4,000.00 Drilling 1 each @ $12,000.00 $12,000.00 Traffic Control 1 each @ $1,000.00 $1,000.00 Phase 5 Mileage and Ferry Costs 4.0 day @ $28.20 $112.80 Sampling Equipment 2.0 day @ $25.00 $50.00 Geoprobe Subcontractor 1 each @ $5,975.00 $5,975.00 Traffic Control Subcontractor 1 each @ $578.00 $578.00 Utility Locator Subcontractor 1 each @ $150.00 $150.00 Analytical Testing Subcontract each @ $1,000.00 $0.00 Halogenated VOCs 18 each @ $115.00 $2,070.00 MTCA 5 Metals 18 each @ $80.00 $1,440.00 TCLP VOCs 5 each @ $245.00 $1,225.00 Mod, From MTCA 5 to 11 Metals 18 each @ $50.00 $900.00 Reimbursables Tolal $118,591.00 Grand Total $118,288.33 Prepared By: Cody Johnson Date: July 18, 2006 12122/2006 SUPPLEMENT 8 Exhibit G-lg Subconsultant Fee Determination - Summary Sheet City of Bremerton Downtown Pedestrian/Bremerton Transportation Start Date Center Access Improvements Task Descript!cn: Environmenta.! through Ccnstn:cticn End Date Subconsultant Fee Determination Subconsultant: Lochner Project # 0324 Classification Hours Dollars Project Engineer Traffic Engineer Design Engineer CADD Tech Admin Support Total Hour 95.1983 192 180 198 6 671 Total DSC % Increase Escalation for '06 Escalation for '07 Escalated Total Overhead (OH Cost -- including Salary Additives) OH Rate x DSC of 167.71 % x Fixed Fee (FF): FF Rate x DSC of 30.00% x Quantity Units Est. @ 0 each @ Est. @ 0 Miles @ Est. Reimbursables Itemized Travel Plans - Plotting I Repro Reproduction and Printing Mileage Miscellaneous Reimbursables Total Grand Total Prepared By Gerry Wilhelm ft1I I : 12/22/2006 Rate x x x x x $52.79 $42.80 $33.69 $25.59 $28.28 $5,025.52 $8,217.60 $6,064.20 $5,066.82 $169.68 $24,543.82 % of Work 25 25 $0.00 $0.00 $24,543.82 24,543.82 $41,162.43 24,543.82 $7,363.14 Rate $0.00 $430.00 $0.00 $20.00 $0.00 $50.00 $500.00 0.445 $73,569.39 Date: SUPPLEMENT 8 Exhibit G-lg Subconsultant Fee Determination - Summary Sheet Downtown Pedestrian/Bremerton Transportation Start Date City of Bremerton "'_...1.. I"'\....__~;.....:...._a u...._.... 0_ t=1....-&. End Date I a~n. "''11;;:>>\..' 'p'-.Ulh I.'C,,",II Ul. .....::::::l.o1L Subconsultant Fee Determination Subconsultant: Sandwell Project # 0324 Classification Hours Rate Dollars 01 Senior Manager / Specialist 11 x $49.95 $549A5 02 Senior Supervisor / Specialist -1.752 x $41.22 -$72.22 03 Supervisor/Specialist 50.0 x $35A8 $1,774.00 04 Senior Design Engineer / Tech Equ 40 x $29.31 $1,172.40 05 Design Engineer / Tech Equiv 50 x $24.23 $1,211.50 06 Intermediate Engineer / Techniciar 0 x $20.48 $0.00 07 Junior Engineer / Technician 0 x $16.89 $0.00 08 Senior Drafter / Technician 110 x $21.66 $2,382.60 09 Intermediate Drafter / Technician 0 x $17.21 $0.00 10 Junior Drafter / Technician 0 x $13.10 $0.00 11 Support Staff 0 x $11. 97 $0.00 Total Hours 259.2 Total [lSC $7,017.73 % Increase % of Work Escalation for '06 60 $0.00 Escalation for '07 5 $0.00 Escalated Total DSC $7,017.73 Overhead (OH Cost -- including 5alary Additives) OH Rate x DSC of 100.00% x 7,017.73 $7,017.73 Fixed Fee (FF): FF Rate x (DSC) of 30.00% x 7,017.73 $2,105.32 Reimbursables Itemized Quantity Units Rate Trips to Washington State 2 trips $150.00 $300.00 Plans - Plotting / Repro 0 each @ $0.00 $0.00 Ma pping/Photos/Surveys 0 each @ $0.00 $0.00 Reproduction and Printing 0 copies @ $0.00 $0.00 Field Equipment Rental 0 each $0.00 $0.00 Postage and Supplies 0 units @ $1.00 $0.00 Reimbursables Total $300.00 Grand Total $16,440.79 Prepared ByHugh A. Welch, P.Eng., Principal In Charge Date: 12/22/2006 SUPPLEMENT 8 Exhibit G-lg Subconsultant Fee Determination - Summary Sheet City of Bremerton Downtown Pedestrian/Bremerton Transportation Start Date Center Access Improvements Task Description: Envircnmenta! through Construction End Date Subconsultant Fee Determination Subconsultant: DEA Project # 0324 Classification Hours Rate Dollars (Surface) Principal in Charge Total Hour -28.41 (28) Total DSC Escalation for '06 Escalation for '07 Escalated Total % Increase o o Overhead (OH Cost -- including Salary Additives) OH Rate x DSC of 182.87% x Fixed Fee (FF): FF Rate x DSC of 30.00% x Reimbursables Itemized Quantity Units Meals and Lodging/Ferry Est. @ Plans - Plotting / Repro 0 each @ Mappi ng/Photos/Su rveys 0 each @ Reproduction and Printing Est. @ Laser Scanner 0 each @ Postage and Supplies 0 Est @ Mileage 0 Miles @ Utility Locate Est. Reimbursables Total Grand Total 'ifiI Prepared By Sean Douthett, Scott Swarts 12/22/2006 x $56.00 -$1,590.94 -$1,590.94 % of Work 25 25 $0.00 $0.00 -$1,S90.94 -1,590.94 -$2,909.35 -1,590.94 -$477.28 Rate $20.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $520.00 $1.00 0.45 $0.00 $0.00 $0.00 -$4,977.58 Date: SUPPLEMENT 8 Exhibit G-lg Subconsultant Fee Determination - Summary Sheet Downtown Pedestrian/Bremerton City of Bremerton T__I, ...........___:_...:__~ n..~""I:_ T_&____L:__ IT_..a.....I........___.&. nl__ I Q:Jft. Ll'c;:)\..IIJ..".IUII. rUUII\.. .&.IIIUIIIIOUUII/.&.IIVUIVIt:IIICIIL rlall Subconsultant Fee Determination Subconsultant: The Demich Group Start Date ~_... ...._L.... I:.IIU LJ'OLt; Project # 0324 Classification Hours Rate Dollars Project Manager Strategist Project Coordinator Writer/Editor Total Hours Total DSC -279.86 x x x x $100.00 $100.00 $100.00 $80.00 ($27,986.16) $0.00 $0.00 $0.00 -$27,986.16 $0.00 $0.00 -$27,986.16 (280) % Increase % of Work 30 30 Escalation for '06 Escalation for '07 Escalated Total DSC Overhead (OH Cost -- including Salary Additives) OH Rate x DSC of 0.0% x -$27,986.16 $0.00 Fixed Fee (FF): FF Rate x DSC of 0.00% x -$27,986.16 $0.00 Reimbursables Itemized Quantity Units Rate Meals and Lodging $0.00 Mileage each @ $0.36 $0.00 Outside Graphic Design Services each @ $0.00 $0.00 Reproduction and Printing copies @ $0.00 $0.00 Advertising $0.00 Postage and Supplies Est @ $0.00 $0.00 Reimbursables Total $0.00 Grand Total -$27,986.16 Prepared By: Leslie S. Demich Date: 12/22/2006 SUPPLEMENT 8 Exhibit G-lg Subconsultant Fee Determination - Summary Sheet City of Bremerton Downtown Pedestrian/Bremerton Transportation Center Access Improvements Start Date Tn~k Description: !:n...:rcnmenta! through Ccnstruct~cn End Date Subconsultant Fee Determination Subconsultant: Art Anderson Project # 0324 Dollars Classification Hours Rate Project Manager (160) x $45.81 Total Hours (160) Total DSC % Increase % of Work Escalation for '05 0 50 Escalation for '06 0 50 Escalated Total Overhead (OH Cost -- including Salary Additives) OH Rate x DSC of 194.24% x -7,322.13 Fixed Fee (FF): FF Rate x DSC of 30.00% x -7,322.13 Reimbursables Itemized Meals and Lodging Mileage Mappi ng/Photos/Su rveys Reproduction, Printing, Architectural R( Field Equipment Rental Postage and Supplies Reimbursables Total Quantity o o o o o o Units day mile each copies each est. @ @ @ @ @ @ Rate $20.00 $0.41 $100.00 $3,300.00 $0.00 $1.00 Grand Total Provided By: Art Anderson Date: October 18, 2005 12/22/2006 January 1, 2004 April 1; 2006 -$7,322.13 -$7,322.13 $0.00 $0.00 -$7,322.13 -$14,222.S0 -$2,196.64 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 -$23,741.27 DATE SUBMITTED: January 3, 2007 BILL # 01__tJIIf AGENDA BILL CITY OF BREMERTON CITY COUNCIL 51:> .11..m..D.a..aB.B...m............a.B.a.......~......Dm..a..m.uam....a..Bu.sm..s.aa....... SUBJECT: Award Contract for Auto Center Way Improvements: 6th Street to Southbound SR 3 On-ramp. Committee Meeting Date: January 10,2007 COUNCIL MEETING Date: January 17, 2007 Department: PW &U, Engineering Presenter: Michael Mecham Phone: 473-5288 SUMMARY: Sealed bids for construction of the project titled "Auto Center Way Improvements: 6th Slreet to Southbound SR 3 On-ramp" were opened on January 3,2007. The engineer's estimate for construction of the project is $799,213.50. Four bids were received for this project. Construct Company was the lowest responsive, responsible bidder with a bid of $717,288.73 (including sales tax). ATTACHMENTS: 1. Council Summary; 2. Site and Vicinity Map; 3. Bid Tabulation FJ[SCAL IMPACTS (Include Budgeted Amount): The project is 86.5 percent funded by a grant from the Federal Highways Administration (FHW A). The remaining 13.5 percent is included in the 2007 Arterial Street Fund Budget. The total construction budget is $904,055. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FlNANCE DIRECTOR: MAYOR: .... FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: RECOMMENDED MOTION: Move to award a contract in the amount of$717,288.73 (including sales tax) with Construct Company for construction ofthe project titled "Auto Center Way Improvements: 6th Street to Southbound SR 3 On-ramp" and authorize the Mayor to finalize and execute the necessary contract documents for construction. I CONSENT AGENDA ~ ~ COUNCIL ACTION: D Approve D Deny D Table ab/Agenda Bills 2007, Contract Award ACW Improvements, 1-07 D Continue D No Action COUNCIL SUMMARY Auto Center Way Improvements: 6th Street - Southbound SR 3 On-ramp Contract Summary This Contract provides for the improvement of Auto Center Way to the south approximately 250 feet north from the intersection of 6th Street and Auto Center Way to approximately 150 feet south from the intersection of the SR 3 On-ramp and Auto Center Way, then to the west on Bruen Avenue approximately 200 feet from the intersection of Auto Center Way and Bruen Avenue. The project will do improvements to the urban collector arterial within the City of Bremerton, Kitsap County, along the existing alignment. This project consists of removing existing street paving and concrete sidewalk, curb and gutter, constructing the curbs, gutters, sidewalks and storm drainage, installing permanent signing, channelization and street lighting, reseeding for landscaping, and providing traffic control and other work, all in accordance with the attached Contract Plans, the Special Provisions, and the Standard Specifications. Fiscal Summary The engineer's estimate for this project is $799,213.50. The total fund authorization is $904,055 with Federal share (FHW A) of$770,250. The difference of$133,805 will be taken from City funds. Auto Center Way Improvements Council Summary CITY OF BREMERTON BID TABULATION BID TITLE--AO-fo Cewkv Wry JWf'OVetM.-e0-s OPENED BY:, r?w1r-c/ JQ4~~~ NAME OF BIDDER BOND TIME OPENED: /1: 0 I tU~ . - ~o.-se A 1- ITEM --:1 l+EM 2 ITEM 3 RECORDED By:-ftU.da, (f;iMA>~ DATE OPENED: ' / - 3-0 7 '.~.':': ITEM 4 ITEM 5 ITEM 6 , SALES TAX TOTAL -----1 '1 SUMMARY APPARENT LOW BIDDER CoVlS+rcJ~+ ~. "SECONDl.OW BIDDER <~~~1f$~~E~()K-~q ~~-~ o5lL TOT A[ BID COMMENTS ENGINEER ESTIMATE (INC SALES TAX) $ 70~ O:;L~. '/3 7/r:c l{y;<', OD " '''"'' /~s:'. '-"'" '. ,"-{J,' -,,>.:./ -'-"', ..-,,- ~-..""> '-..:" ""'>._,.. "'" --'f :;:/>>- " '. /t.~'../ ,"",' ,. / pitO~,E,CT LOCATI,ON '\" " "', /....... " /<:/ -', ; !~':" F "" . '........ on "1 : ~. .~': .'..../:>;/ :, /:' ...,'; i "/ " /",\.,// (((7/ /... (./ , , :' j ~ ....r.....:..,. ;:...:i (-- ...'..::..:".,..... ~> f-}. \ -'-'1 "",' ',', '-'-~'Z>" ......!..... ....:.. '"' > . .~.....J \ '.:~~\ Y';-" , , """;j W-=ST BREMERTON " , -TRANSFERGENTE~ ":TD '''-. AUTO CENTER WAY VICINITY MAP City of Bremerton BID TABlILATION for' AUTO CENTER WAY IMPROVEMENTS: 6th Street - Soutllbound SR 3 On-ramp 1/3/2007 Enuineer's Estimate Construct Co. Northern Con-Aug Stan Palmer Cunst. Ace Pavinu ITEiv! NO. DESCRIPTION UNIT QUANTITY UN[T COST TOTAL COST UNIT COST TOTAL COST UNIT COST TOTAL COST UNIT COST TOTAL COST UNIT COST TOTAL COST PREPARATION I MOBILIZATION L.S. I 75,000.00 75,000.00 $84,000.00 $84.000.00 $86,000.00 $86,000.00 $72,000.00 $72,000.00 $40.000.00 $40,000.00 2 CLEARING AND GRUBBING L.S. I 3.000.00 3,000.00 $[9,463.44 $]9,463.44 $5,000.00 $5,000.00 $8,000.00 $8,000.00 $10,000.00 $10,000.00 '1 RE~.10V AI-., OF STRUCTURES A.NT! flBSTRIJCT!ON L.S. ] 20,000.00 20,000.00 $32,860.00 $32,860.00 $6,500.00 $6,500.00 $22,000.00 $22,00000 $4,000.00 $4,000.00 4 REMOVING CEMENT CONC SIDEWALK S.Y. 309 8.00 2,472.00 $4.41 $ I ,362.69 $5.00 $],)45.00 $20.00 $6, i 80.00 "..,..,,,,., $3,090.00 .!)JV.vv 5 REMOVING CEMENT CONC CURB AND GUTTER L.F. 375 8.00 3.000.00 $4.95 $1,856.25 $5.00 $ I ,875.00 $7.00 $2,625.00 $6.00 $2,250.00 6 REMOVING ASPHALT CONC PAVEMENT S.Y. 728 11.00 8,008.00 55.69 54. I 42.32 $6.00 $4.368.00 $10.00 $7,280.00 $10.50 $7,644.00 GRADING 7 ROADWAY EXCA VA TION INCL. HAUL CY. 441 ]2.00 5,292.00 $21.46 $9,463.86 $24.00 $10.584.00 $35.00 $] 5,435.00 . $14.00 $6,] 74.00 8 EMBANKMENT COMPACTION CY. 293 5.00 1,465.00 $6.33 $1,854.69 $9.00 $2,637.00 $5.00 $] ,465.00 $4.00 $],]72.00 9 GRAVEL BORROW INCL. HAUL TON ] ,493 20.00 29,860.00 $15.92 $23,768.56 $26.00 $38,8] 8.00 $]7.00 $25.381.00 $22.00 $32,846.00 STORM SEWER 10 CATCH BASIN TYPE] EACH 13 1,000.00 ]3,000.00 $881.43 $] ],458.59 $ 1.050.00 $13,650.00 $ [,000.00 $13,000.00 $750.00 $9,750.00 ]1 CATCHBASIN SM]4-A EACH ] ] ,000.00 1,000.00 $] ,481.36 $1,481.36 $] ,200.00 $ [,200.00 $1,300.00 $1,300.00 $900,00 $900.00 12 CATCH BAS[N TYPE] L EACH ] 1,500.00 ] ,500.00 $9] 7.63 $9] 7.63 $1,150.00 $1,]50.00 $],100.00 $],100.00 $950.00 $950.00 ]3 CATCH BASIN TYPE 2 48 IN. D1AM. EACH 3 2,500.00 7,500.00 $2,017.76 $6,053.28 $3,100.00 $9,300.00 $2,600.00 $7,800.00 $] ,500.00 $4,500.00 14 CATCH BASIN TYPE 254 IN. D1AM. W/ OIL SEPARATOR EACH ] 4,000.00 4,000.00 $2,954.12 $2,954. ]2 $4,050.00 $4,050.00 $4,500.00 $4,500.00 $2,600.00 $2,600.00 ]5 TESTING STORM SEWER PIPE L.F. 986 5.00 4,930.00 $2.66 $2,622.76 $4.00 $3,944.00 $3.00 $2,958.00 $6.00 $5,9] 6.00 [6 CONCRETE STORM SEWER PIPE]2 IN. D1AM. L.F. 272 45.00 12.240.00 $52.95 $] 4,40?.40 $40.00 $] 0,880.00 $50.00 $]3,600.00 $24.00 $6,528.00 ]7 SOLID WALL PVC STORM SEWER PIPE 12 IN. D1AM. L.F, 714 30.00 21,420.00 $47.86 $34,172.04 $36.00 $?5,704.00 $40.00 $28,560.00 $12.00 $8,568.00 18 FLARED END SECTION 12 IN, D1AM. EACH ] 300.00 300.00 $427.64 $427.64 $250.00 $250.00 $300.00 $300.00 $2,000.00 $2,000.00 ]9 CONNECTION TO DRAINAGE STRUCTURE EACH 2 ] ,500.00 3,000.00 $348.82 $697.64 $500.00 $],000.00 $900.00 $],800.00 $2,000.00 $4,000.00 20 ABANDON CA TCHBASIN EACH 3 300.00 900.00 $[03.36 $310.08 $500.00 $[,500.00 $250.00 $750.00 $600.00 $] ,800.00 2\ ABANDON MANHOLE EACH \ 800.00 800.00 $1,6]3.00 $\,6]3.00 $500.00 $500.00 $250.00 $050.00 $],000.00 $] ,000.00 22 STRUCTURE EXCA V A nON CLASS B INCL. HAUL (STORM) CY. 654 25.00 [ 6,350.00 $[8.?9 $11,961.66 $10.00 $6,540.00 $11.00 $7,]94.00 $26.00 $17,004.00 23 SHORING OR EXTRA EXCA V A TION CLASS B (STORM) S.F. 3,407 2.00 6,814.00 $4.29 $\4,6]6.03 $1.00 $3,407.00 $1.00 $3,407.00 $6.00 $20,442,00 24 PLUG EXISTING PIPE EACH 1 400.00 400.00 $] 50.27 $]50.27 $250.00 $250.00 $200.00 $200.00 $\ ,000.00 $\,000.00 SURFACING 25 CRUSHED SURFACING TOP COURSE TON 935 30.00 28,050.00 $24.30 $2?,720.50 $30.00 $28,050.00 $27.00 $25,245.00 $28.00 $06,] 80.00 CEMENT CONCRETE DRIVEWAY 26 CEMENT CONC DRIVEWAY ENTRANCE S.Y. 86 40.00 3,440.00 $52.54 $4,5 I 8.44 $40.00 $3,440.00 $42.00 $3,6]2.00 $50.00 $4,300.00 ASPHALT CONCRETE PAVEMENT 27 PLANING BITUMINOUS PAVEMENT S.Y. 728 10.00 7,280.00 $6.27 $4,564.56 $10.00 $7,280.00 $9.00 $6,552.00 $8.25 $6,006.00 28 HMA FOR PA VEMENT REPAIR CL. 1/2", PG 64-22 TON 63 105.00 6,615.00 $158.00 $9,954.00 $] 84.00 $] 1.592.00 $\60.00 $] 0,080.00 $ I 56.40 $9,853.20 29 HMA FOR PRELEVELING CL. 1/2", PG 64-22 TON 25 \ [5.00 2,875.00 $[20.00 $3,000.00 $\37.00 $3,425.00 $]22.00 $3,050.00 $] \6.80 $2,920.00 30 HMA CL. 1/2", PG 64-22 TON 2,0\2 70.00 \40,840.00 $64.60 $]29,975.20 $72.00 $\44,864.00 $66.00 $132,792.00 $60.60 $]2\ ,927.20 3] ASPHALT FOR FOG SEAL TON 33 60.00 ] ,980.00 $260.00 $8,580.00 $300.00 $9,900.00 $275.00 $9,075.00 $250.00 $8,250.00 EROSION CONTROL AND PLANTING 32 TOPSO\L TYPE A CY. ]53 25.00 3,825.00 $25,55 $3,909.\5 $37.00 $5,661.00 $40.00 $6, \20.00 $60.00 $9,] 80.00 33 BARK MULCH CY. [4 26.00 364.00 $29.55 $413.70 $47.00 $658.00 $40.00 $560.00 $100.00 $1,400.00 34 SEEDED LAWN INST ALLA nON S.Y. 292 1.50 438.00 $2.70 $788.40 $3.00 $876.00 $2.00 $584.00 $]9.00 $5,548.00 35 SEEDED LAWN INST ALLA nON - BIOSW ALE S.Y. 1,083 1.50 , \ ,624.50 $1.35 $\ ,462.05 $2.00 $2,] 66.00 $1.00 $[,083.00 $?O.OO $2\ ,660.00 l 36 TEMPORARY WATER POLLUTION/EROS[ON CONTROL L.S. ] 10,000.00 \ 0,000.00 $\,800.00 $] ,800.00 $6,000.00 $6,000.00 $5,000.00 $5,000.00 $38,000.00 $38,000.00 37 TESC PLAN L.S. [ 500.00 500.00 $157.64 $]57.64 $1,000.00 $],000.00 $500.00 $500.00 $500.00 $500.00 TRAFFIC 38 CEMENT CONC CURB AND GUTTER TYPE A-I L.F. . 2,]09 25.00 52,725.00 $11.01 $23,220.09 $21.00 $44,289.00 $14.00 $29,526.00 $]2.00 $25,308.00 39 RA\SED PAVEMENT MARKER TYPE I HUND 8 300.00 2,400.00 $200.00 $ [,600.00 $240.00 $1,920.00 $230.00 $\ ,840.00 $250.00 $? ,000.00 40 RAISED PAVEMENT MARKER TYPE II HUND 2 600.00 [ ,200.00 $325.00 $650.00 $390.00 $780.00 $390.00 $780.00 $400.00 $800.00 4\ BICYCLE LANE SYMBOL EACH 4 [50.00 600.00 $125.00 $500.00 $[50.00 $600.00 $ I 30.00 $520.00 $]30.00 $520.00 42 PAINT LINE L.F. 2,600 0.75 - 1,950.00 $0.40 $] ,040.00 $0.45 $],] 70.00 $0.20 $520.00 $0.20 $520.00 43 PLASTIC TRAFFIC ARROW EACH 2 150.00 300.00 $250.00 $500.00 $300.00 $600.00 $130.00 $260.00 $]30.00 $260.00 44 PERMANENT SIGNING L.S. I ] 7,400.00 , [ 7,400.00 $7,800.00 $7,800.00 $9,360.00 $9,360.00 $8,000.00 $8,000.00 $ I 0,000.00 $10,000.00 45 PRIMARY ILLUMINATION SYSTEM L.S. ] 85,000.00 I 85,000.00 $10],\07.00 $[01,107.00 $68,000.00 $68.000.00 $60,000.00 $60,000.00 $63,722.40 $63,722.40 46 PROJECT TEMPORARY TRAFFIC CONTROL L.S. I ] 26,500.00 126.500.00 $45,5] 2.32 S45,5\2.32 $64,000.00 $64.000.00 $] 34,000.00 $]34,000.00 $]50,000.00 $] 50,000.00 OTHER ITEMS , 47 MONUMENT CASE, COVER, AND PIPE EACH 6 500.00 3.000.00 $443.82 52,662.9> $360.00 52,160.00 $350.00 $2,100.00 $250.00 $] ,500.00 48 CEMENT CONC SIDEWALK S.Y. 1,133 35.00 39,655.00 $36.54 $41.399.82 $46.00 $52,] ] 8.00 $36.00 $40,788.00 $36.00 540,788.00 49 ADJUST VALVE BOX EACH ]1 200.00 2,200.00 $202.36 $2,225.96 $240.00 $2,640.00 $200.00 S2,200.00 $225.00 $2,475.00 50 ADJUST METER BOX EACH 2 200.00 400.00 52]3.36 $426.72 $240.00 5480.00 $200.00 $400.00 $200.00 $400.00 5[ ADJUST CATCHBASIN EACH ] 200.00 200.00 5398.50 $398.50 $300.00 $300.00 $400.00 $400.00 $200.00 $200.00 52 ADJUST MANHOLE EACH 3 200.00 600.00 $738.39 52,2] 5.17 5300.00 $900.00 $400.00 $ 1,200.00 5800.00 $2,400.00 53 MINOR CHANGES EST. ] 1.00 1.00 S1.00 51.00 $1.00 51.00 $1.00 $1.00 51.00 51.00 54 ROADSIDE CLEANUP L.S. ] 2,500.00 2,500.00 $2.000.00 52,000.00 53.000.00 53,000.00 51,000.00 $1,000.00 5600.00 $600.00 55 SPCC PLAN L.S. I 2,500.00 2,500.00 S3[5.28 S3\5.28 S600.00 $600.00 5500.00 $500.00 $500.00 $500.00 Base Bid Total S789,213.50 S708,028.73 $718,482.00 S735,373.00 5751,852.80 A I AL TERJ'IA TE BID ILLUivlINA TION SYSTEM Base Bid + Alternate AI Total 8799,213.50 8717,288.73 8733,582.00 5747,373.00 8761,113.30 1 of 1 DATE SUBMITIED: January 3, 2007 BILL # 01- 010 AGENDA BILL CITY OF BREMERTON CITY COUNCIL Sf .lra.....BG....a..ma...DD.....a.............a.........e.....mAmmm.m...aBa..DBB.amamaaag.. SUBJECT: Resolution # ?;OJ..,O authorizing the City to receive a State Revolving Fund Loan for the Bremerton Combined Sewer WWTP Upgrade Project. Committee Meeting Date: January 10,2007 COUNCIL MEETING Date: January 17,2007 Department: PW &U, Engineering Presenter: Mike Mecham Phone: 473-5288 SUMMARY: The City applied for and received awards for a Washington State Department of Ecology State Revolving Fund (SRF) low-interest loan to fund improvements included in the Bremerton Combined Sewer WWTP Upgrade Project. A draft loan agreement has been prepared for the Bremerton Combined Sewer WWTP Upgrade Project for design and construction activities ($1,000,000). ATTACHMENTS: 1. Council Summary; 2. Resolution # 30;;;"0 FISCAL IMP ACTS (Include Budgeted Amount): The project costs were included in the 2004 utility rate study. However, since that time there have been modifications to both the project scope and budget in order to provide for the necessary WWTP improvements. The budgeted amount for this project identified in the adopted 2007 Budget is $4,000,000 and the total project budget is $5,240,000. The utility rate study anticipated that funding would be provided through a combination of grants and rate revenues, however, it is now expected to be funded entirely through a combination of grants and low interest loans. The next update of the utility rate study will need to include the revised project cost information and revised funding sources, however, informal analysis by engineering indicates that the rate revenue requirements are adequate to assume this loan obligation commitment. RECOMMENDED MOTION: Move to approve Resolution #3o:J.o authorizing the City of Bremerton to receive the Washington State Department of Ecology SRF Loan for the Bremerton Combined Sewer WWTP Ugrade Project and authorize the Mayor to finalize and execute the loan agreeement subject to City Attorney approval of final releveant terms and conditions. [ CONSENT AGENDA ~ APPRO V ALS: DEPARTMENT DIRECT CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: COUNCIL ACTION: 0 Approve 0 Deny 0 Table ab! Agenda Bills 2007 SRF Loan WWTP Upgrade Projec! o Continue 0 No Action COUNCIL SUMMARY BREMERTON COMBINED SEWER WWTP UPGRADE PROJECT Contract Summary The purpose of the WWTP Upgrade project is to address equipment redundancy and aging equipment needs to maintain continued reliable operations of the treatment plant. Additionally, odor control at the plant will be evaluated during the design of the proposed new and expanded facilities. Improvements to the existing odor control system will be made through equipment upgrades to reduce fugitive odors if required. The project has the following elements: . Installation of new engine generator and associated electrical improvements . Installation of new sludge thickening equipment (Rotating Drum Thickeners) . Installation of a new dewatering centrifuge and pump system . Upgrade of the existing dewatering centrifuge . Installation of a new boiler . Installation of a new headworks screen and replacement of various hydraulic gates. . Installation of an air gap system to protect the potable water supply . Miscellaneous associated site work. This provides the matching funds for design of these improvements. Fiscal Summary The project costs were included in the 2004 utility rate study. However, since that time there have been modifications to both the project scope and budget in order to provide for the necessary WWTP improvements. The budgeted amount for this project identified in the adopted 2007 Budget is $4,000,000 and the total project budget is $5,240,000. The utility rate study anticipated that funding would be provided through a combination of grants and rate revenues, however, it is now expected to be funded entirely through a combination of grants and low interest loans. The next update of the utility rate study will need to include the revised project cost information and revised funding sources. The project budget identified in the 2005 rate study for the WWTP upgrades is $4,764,000. Funding was anticipated to include $2,274,000 in rate revenue and $2,490,000 in grants. Funds were to have been expended between 2004 and 2006 and potentially would have resulted in negative cash flow balances in 2005 and 2006. At this point, the project has been delayed due to both increases in the scope of necessary improvements and in anticipation of obtaining loan funding. The current total project budget is $5,240,000. There is single EPA STAG grant in place for the project totaling $1,740,000 and a $200,000 PWTF design loan which has been executed. No additional grant funds are anticipated. Public Works has pursued two other low interest loans to fund the project, a $1,000,000 SRF loan and a $3,000,000 PWTF construction loan (See the summary table on the following sheet). This shift in schedule and funding method has had an immediate positive impact on the Utility's cash flow between 2004 and 2008 as debt service will not begin until 2009. Annual debt service is estimated at $271,000 for the first five years and at $230,500 for the remaining fifteen years term of the loans for a total of $4,812,500 in principal and interest payments over the 20 year term. City of Bremerlon WWTP Upgrade January 2007 Although this funding approach results in additional long term costs due to loan interest there are offsetting short term cash flow benefits which increase the flexibility of the wastewater fund. In addition the debt service will now fall beyond the termination of the current annual 2.8 million dollar 1994 WWTP Revenue Bond which is retired at the end of this year. There is also a 2010 project for a new digester identified in the 2005 rate study which has a budget of $2,000,000 and was to be funded by utility rates. The digester project is no longer necessary and should result in a net benefit to the wastewater utility budget. It is not anticipated that this debt service will create a future budget shortfall or require an increase in rates beyond that provided in the 2005 rate study. Existing and proposed sources of funds: Loan/Grant 5T AG Grant - PWTF- 5RF - Pending PWTF - In hand In Hand This Approval Proposed Amount $1,746,000 $200,000 $1,000,000 $3,154,000 Loan Fee N/A N/A N/A N/A (included in Loan Amount) Match Required 71% 15% N/A 15% Term N/A 5-Years (Note 1) 20-Years 20-Years Interest Rate N/A 0.5% 2.6% 0.5% Annual Debt N/A $40,500 $64,500 $166,000 Service (approx.) Notes: 1. The term of the PWTF design loan can be increased to 20-years if the City has secured construction financing by June 30,2007. The City submitted a PWTF Construction loan application in May, 2006. City a/Bremer/on WWTP Upgrade January 2007 RESOLUTION NO. 3QJo A RESOLUTION of the City Council of the City of Bremerton, Washington, approving a State Revolving Fund Loan (SRF) for the Bremerton Combined Sewer Wastewater Treatment Plant Upgrade Project. WHEREAS, the Department of Ecology, a Washington State Agency, has established a State Revolving Fund (SRF) for providing financial assistance for partial reimbursement for design and construction activities for the Bremerton Combined Sewer Wastewater Treatment Plant Upgrade Project; and WHEREAS, the City of Bremerton desires to participate in the loan from said SRF; and WHEREAS, a requirement to participate requires a resolution of the governing body authorizing the City of Bremerton to receive said SRF loan; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City of Bremerton desires to participate in the SRF Loan Program. SECTION 2. The City Council of the City of Bremerton does hereby authorize . the City of Bremerton to receive a SRF Loan for the Bremerton Combined Sewer Wastewater Treatment Plant Upgrade Project design and construction activities, pursuant to the terms and conditions of said loan. SECTION 3. The Mayor is authorized to take any and all actions as are necessary and appropriate to participate in the SRF Loan Program. SECTION 4. Severability. If anyone or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full ,force and effect. SECTION 5. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. day of PASSED by the City Council of the City of Bremerton, Washington this_ ,2007. CECIL MCCONNELL, Council President SRF - Bremerton Combined Sewer WWTP Upgrade Project APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney Ab, 2007 Agenda Bills, Resolution, SRF Loan WWTP Upgrades PAULA JOHNSTON, Interim City Clerk SRF - Bremerton Combined Sewer WWTP Upgrade Project DATE SUBMITTED: BILL # 01-- 01/ AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5F m....a.........BDB...aa......g..a......................m..............................., SUBJECT: Ordinance No. If q 'J S amending Section 2.46.100 ofthe Bremerton Municipal Code relating to employee recognition and awards. Committee Meeting Date: January 10, 2007 COUNCIL MEETING Date: January 17, 2007 Department: City Attorney's Office Presenter: Roger A. Lubovich Phone: 473-2345 SUMMARY: The current provisions of Section 2.46.100 of the Bremerton Municipal Code relating to awards for exemplary employee service do not articulate the standards under which the awards may be granted. The proposed ordinance amends Section 2.46.100 to provide for the Mayor to authorize awards to an employee or employees for exceptional performance, service or other achievements and establishes standards for making those awards. ATTACHMENTS: Proposed Ordinance No, tf ?'1~ IFlSCAL IMPACTS (Include Budgeted Amount): Costs associated with issuance of awards is expected to be included in annual budget requests. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: .. __-0<* ~ --=- I CONSENT AGENDA )2r ~ FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: RECOMMENDED MOTION: Move to pass Ordinance No. Lf'1'15:" amending Section 2.46.100 of the Bremerton Municipal Code relating to employee recognition and awards. COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action ORDINANCE NO. If 'Ie; ,5 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Section 2.46.100 of the Bremerton Municipal Code relating to employee recognition and awards. WHEREAS, the current provisions of Section 2.46.100 of the Bremerton Municipal Code relating to awards for exemplary employee service do not articulate the standards under which the awards may be granted; and WHEREAS, the City Council desires to clarify the provisions of Section 2.46.1000 to provide standards for employee recognition and awards; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 2.46.100 of the Bremerton Municipal Code entitled "Exemplary Service" relating to the employee recognition and award program is hereby amended to read as follows: 2.46.100 EXEMPL\RY SERVICEEMPLOYEE RECOGNITION - AWARDS. :: ::ye;, with th. .0ftOllffeftc. of Ill. City e.....oil, Mill' .""'.n.. . .ash aw..e afla!erp I e ar afl e~loyee Vlhe has perfaffi'led aeeve that ooffi'lally eKfleetea EWe ta afl emergeaey ar ia oroaT to 0any a\:tt a City aJ:'PToved pragram. (a) The Mavor. or assigns. shall have the authority to recognize and award employees. either individually or as a class. for accomplishments including outstanding achievements. performance. longevity. outstanding _ublic service or service. Reco ition awards ma not exceed sevent -five dollars in value er employee. Such awards may include. but not be limited to. cash or such items as pen and desk sets. plaQues. pins. framed certificates. clocks. calculators. flowers. candy and gift certificates. (b) The following standards are established for making the award: ( 1) Department Directors may submit a recommendation to the Mayor for recognition and an award together with the basis for the recommendation. (2) The Mayor will consider and evaluate the recommendation and approve the award at his/her discretion. SECTION 2. 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 3. 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. Employee A wards PASSED by the City Council the day of ,2007 WILL MAUPIN, Council President Approved this day of ,2007 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 ,2007 ,2007 R: \Legal\Legal\Ordinances\Executi ve\Employee A wards.2.doc 2 Employee A wards DATE SUBMITTED: November 29,2006 BILL# 07 - DId- AGENDA BILL CITY OF BREMERTON CITY COUNCIL ~ 5q ..mm.....................B.............................u........m...ma....a..mam........ SUBJECT: Ordinance No. ~ amending and restating the City of Bremerton's 457(b) Deferred Compensation Plan and dissolving the Deferred Compensation Committee Committee Meeting Date: COUNCIL MEETING Date: Department: Presenter: January 10, 2007 January 17, 2007 City Attorney's Office and Financial Services Roger Lubovich and Carol Conleye' ~ 473-2345 Phone: SUMMARY: The City adopted an employee 457(b) Deferred Compensation Plan, which created a Deferred Compensation Committee to administer the plan. The proposed ordinance amends and restates the Deferred Compensation Plan in order to update its provisions consistent with the Internal Revenue Code and Treasury Regulations. Additionally, it dissolves the Deferred Compensation Committee and allows for City staff to be appointed by the Mayor to administer the amended Plan. ATTACHMENTS: Proposed ordinance No. if '1'1 fp ," FJ[SCAL IMPACTS (Include Budgeted Amount): APJPROV ALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: I CONSENT AGENDA ~ FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: RECOMMENDED MOTION: Move to pass Ordinance No. ~amending and restating the City ofBremerton's 457(b) Deferred Compensation Plan and dissolving the Deferred Compensation Committee. COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action .~ ORDINANCE NO. il1110 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending and restating in its entirety City ofBremerton's 457(b) Deferred Compensation Plan and dissolving the Deferred Compensation Committee. WHEREAS, the City adopted an employee 457(b) Deferred Compensation Plan adopted by Resolution No. 1649 and amended by Resolution No. 1918, and WHEREAS, part of the Plan created a Deferred Compensation Committee to administer the plan for the City of Bremerton, and WHEREAS, the City Council desires to amend the plan to update its provisions consistent with the Internal Revenue Code and Treasury Regulations, and WHEREAS, the City Council also desires to dissolve the Committee and allow for City staff to be appointed by the Mayor to administer the amended Plan, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. City of Bremerton's 457(b) Deferred Compensation Plan as adopted by Resolution No. 1949 and as amended by Resolution No. 1918 and as it may have otherwise been subsequently amended is hereby amended in entirety and restated as the City of Bremerton's 457(b) Deferred Compensation Plan, which is attached hereto as Exhibit A and incorporated as if fully set forth herein. SECTION 2. The Deferred Compensation Committee as created by Resolution No. 1649 and Resolution No. 1871 as confirmed in adoption of the current Plan pursuant to Resolution No. 1918 is hereby dissolved, and the Mayor is authorized, as set forth in the amended Plan, to appoint city official(s) to administer the Plan for the City. SECTION 3. Severa b ilitv. If anyone or more section, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. 1 Deferred Compensation Plan SECTION 4. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the day of ,2007. WILL MAUPIN, Council President Approved this day of ,2007. CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: P AULA JOHNSTON, City Clerk ROGER A. LUBOVICH, City Attorney ,2007. ,2007. PUBLISHED the EFFECTIVE the ORDINANCE NO. day of day of R:\Legal\Legal\Ordinances\Human Resources\Deferred Compensation Plan.doc 2 Deferred Compensation Plan CITY OF BREMERTON AMENDED AND RESTATED 457(b) DEFERRED COMPENSATION PLAN The Employer, by approval and execution of this document, hereby amends in its entirety and restates the City of Bremerton's 457(b) Deferred Compensation Plan as adopted by Resolution No. 1649 and as amended by Resolution No. 1918 and as it may have otherwise been subsequently amended ("Prior Plan"). The Prior Plan as amended herein and as set forth in the provisions of this document is hereinafter referred to as the "Plan". ARTICLE I. PURPOSE 1.01 The primary purpose of this Plan is to provide retirement income and other deferred benefits to the Employees of the Employer and the Employees' Beneficiaries in accordance with the provisions of Section 457 of the Internal Revenue Code of 1986, as amended (the "Code") and the applicable Treasury Regulations. ARTICLE II. DEFINITIONS 2.01 For purposes of this Plan, the following terms shall have the following meanings: a) "Account" means the bookkeeping account maintained for each Participant reflecting the cumulative amount of the Participant's Deferred Compensation, including any income, gains, losses, or increases or decreases in market value attributable to the Employer's investment of the Participant's Deferred Compensation, and further reflecting any distributions to the Participant or the Participant's Beneficiary and any fees or expensed charged against such Participant's Deferred Compensation. b) "Administrator" means the person or persons named to carry out certain nondiscretionary administrative functions under the Plan. c) "Beneficiary" or "Designated Beneficiary" means the person properly designated by a Participant to receive the Participant's benefit under this Plan in the event of the Participant's death, or, if none, the Participant's estate. d) "Deferred Compensation" means the portion of Includable Compensation not yet earned, which the Participant and Employer mutually agree shall be deferred, any amount credited to a Participant's Account by reason of a transfer under this Plan, or any other amount which the Employer agrees to credit to a Participant's Account in accordance with the provisions of this Plan and IRC 457(b). e) "Eligible Deferred Compensation Plan" means a plan established and maintained by an agency that complies with IRC 457 (b). t) "Eligible Rollover Account" means the separate bookkeeping account maintained by the Administrator within the Plan for a Participant for amounts of Eligible Rollover Distributions as defined in IRC Section 402(c)(4), including eligible rollover distributions to a surviving spouse under IRC Section 402(c)(9). g) "Eligible Retirement Plan" means an eligible retirement plan as defined in IRC Section 402( c )(8)(B). h) "Employee" means any person who receives compensation from the Employer for services rendered to the Employer, including, but not limited to, appointed and elected officials and salaried employees. Employee includes regular full time or part time employee but does not include temporary employees as defined by Employer. i) "Employer" means City of Bremerton, Washington, the Plan Sponsor. j) "Employer Administrator" means the City official(s) designated by the Mayor to make discretionary decisions in the administration of this Plan. k) "Includable Compensation" means the amount of an Employee's compensation from the Employer for a taxable year that is attributable to services performed for the Employer and that is includable in the Employee's gross incQme for the taxable year for federal income tax purposes; such term does not include any amount excludable from gross income under this Plan or any other plan described in Section 457(b) of the Code or any other amount excludable from gross income for federal income tax purposes. Includable Compensation shall be determined without regard to any community property laws. 1) "Income Attributable" is gains from the disposition of property and shall be treated as income attributable to such property. m) "IRC" means the Internal Revenue Code of 1986, as now in effect or as hereafter amended. n) "Normal Retirement Age" means the age specified in writing by the Participant. The Normal Retirement Age specified by the Participant must be an age at which the Participant is eligible to retire pursuant to either the LEOFF or PERS retirement system, by virtue of age, length of service, or both, without consent of the Employer and with the right to receive immediate retirement benefits without actuarial or similar reduction because of retirement before some later specified age. 0) "Participant" means an employee who is eligible to defer compensation under this Plan, and who has executed a Participation Agreement and who retains rights to benefits under this Plan. p) "Participation Agreement" means an agreement entered into between an Employee and the Employer, including any amendments or modifications thereof. Such agreement shall 2 fix the amount of Deferred Compensation, specify a preference among the investment alternatives designated by the Employer, designate the Employee's Beneficiary or Beneficiaries, and incorporate the terms, conditions, and provisions of the Plan by reference. q) "Plan" means the Deferred Compensation Plan for Employees as set forth in this document and as amended from time to time. r) "Plan-to-Plan Transfer" means a transfer of assets from one eligible governmental IRC Section 457(b) plan to another eligible governmental IRC Section 457(b) plan. s) "Plan Year" means the calendar year. t) "Prior Plan" means the City of Bremerton's 457(b) Deferred Compensation Plan as adopted by Resolution No. 1649 and as amended by Resolution No. 1918 and as it may have otherwise been subsequently amended. u) "Separation of Service" means the severance of the Participant's employment with the Employer which constitutes a "separation from service" within the meaning of Section 402(d)(4)(A)(iii) ofthe Code. In general, a Participant shall be deemed to have severed his employment with the Employer for purposes of this Plan when, in accordance with the established practices of the Employer, the employment relationship is considered to have actually terminated. ARTICLE III. ADMINISTRATION This Plan shall be administered as follows: 3.01 Duties of the Employer. The Employer shall have the authority to make all discretionary decisions affecting the rights or benefits of Participants which may be required in the administration of this Plan. The Employer, through the Mayor, may designate one or more City officials to perform these functions (collectively, "Employer Administrator". The Employer Administrator may 1) establish rules and procedures to implement this Plan, 2) enter into agreements with Plan Administrators approved by the Employer's legislative body to administer the Plan, 3) make reasonable interpretations of the provisions of the Plan and 4) make minor amendments to the Plan when required to be consistent with and in compliance with the applicable provisions of the IRC and Treasury Regulations. The Employer Administrator's decisions shall be afforded the maximum deference permitted by applicable law. 3.02 Duties of the Administrator. The Administrator, as agent for the Employer, shall perform nondiscretionary functions in connection with the Plan, including the maintenance of Participant's Accounts, the provision of periodic reports of the status of each Account, and the distribution of benefits on behalf of the Employer in accordance with the provisions of this Plan. 3.03 Disbursement Pursuant to Plan. Employer shall disburse those amounts which arise from duly executed Participation Agreements. A duly executed Participation Agreement 3 shall bear the signatures of the Participant. Each employee's Participation Agreement shall become a part of this Plan and is incorporated herein by this specific reference thereto. 3.04 Benefits held in Trust. All amounts deferred under the Plan, all property and rights purchased with such amounts, and all Income Attributable to such amounts, property, or rights, must be held in trust for the exclusive benefit of the Participants and their beneficiaries. 3.05 Individual Accounts. An individual account shall be maintained in the name of each Participant, to which amounts deferred shall be credited. 3.06 Assets of Accounts. With respect to each account hereunder, all dividends, interest, gains, rents and other increments thereon, shall be credited to such account, and the assets of each account shall be valued not less than once each year at present value. 3.07 Appointment of Administrator(s). The Employer's legislative body shall have the authority to appoint Administrator(s) to carry out the terms and conditions of this Plan. 3.08 Limitation of Liability. The Employers liability is limited as follows: (a) Employer shall not be required to invest assets nor be responsible for any loss due to the investment or failure of investment of funds and assets in said deferred compensation account nor shall Employer be required to replace any loss whatsoever which may result from said investments. (b) The Employer shall assume or incur no obligations hereunder except to exercise due care with respect to the assets from time to time in their custody hereunder pending application thereof as provided in this Agreement and to exercise due diligence in carrying out their duties and functions under this Agreement. The Employer shall not be liable for any loss unless such loss is caused by a breach of its obligations under this Plan. ARTICLE IV. PARTICIPATION 4.01 Eligibility. Any Employee shall be eligible to participate and defer compensation under this Plan and upon becoming employed by the Employer. 4.02 Election to Participate. Any Employee may elect to be a Participant by executing and filing with the Administrator a Participation Agreement consenting to defer a portion of his or her salary by the deferral amount specified in the Participation Agreement. The amount of Deferred Compensation must equal at least $20.00 per month. This minimum amount may be changed by the Employer from time to time. The Participation Agreement shall include a designation of a Beneficiary. Such Beneficiary designation shall remain in effect until the Participant files an executed amendment with the Administrator designating a new Beneficiary. The Employee shall become a Participant as soon as administratively possible following the Employee's filing of a completed and executed Participation Agreement, or as otherwise permitted by law. Compensation may be deferred for any calendar month only ifthe Participation Agreement has been entered into before the first day of the month in which compensation is paid or made available. 4 4.03 Amendments. The Participant may amend a Participation Agreement in order to, (a) Change the allocation of the investment of any contribution; (b) Change the amount of compensation to be deferred; ( c) Change the Designated Beneficiary; or (d) Any other amendment authorized in the Plan or by law. A Participant may amend an executed Participation Agreement to change the amount of compensation not yet earned which is to be deferred (including the reduction of such future deferrals to zero) or to change his or her investment preference (subject to such restrictions as may result from the nature of terms of any investment made by the Employer or its agents). Amendments are made by filing with the Administrator an amendment on a form and in the procedural manner approved by the Administrator. Any amendment to a Participation Agreement shall be effective prospectively only and shall be effective as early as administratively possible, but not earlier than the first day of the calendar month in which the compensation is paid or made available. ARTICLE V. DEFERRED COMPENSATION 5.01 Maximum 457(b) Contribution Limit. Except as provided in Sections 5.02 and 5.03, the maximum deferred amount under the Plan for the Participant's taxable year shall not exceed the lesser of (a) the maximum dollar amount under IRC Section 457(b) (2) (A) and as adjusted for cost ofliving adjustments described in IRC Section 457(e) (IS), both provisions as currently enacted and hereinafter amended, or (b) 100% ofthe Participant's Includable Compensation as provided in IRC Section 457(b) (2) (B). For 2006, this amount is $15,000. 5.02 Special 457(b) Catch-Up Deferral. For one or more ofthe Participant's last three taxable years ending before the attainment of Normal Retirement Age under the Plan, the maximum deferral shall be the lesser of (a) twice the applicable dollar amount set forth in Section 5.01; or (b) the sum of; (i) The limitation established for the taxable year under Section 5.01, plus (ii) The limitation established for purposes of Section 5.01 for each of the prior taxable years during which the Participant was eligible to participate less the amount of Compensation deferred by the Participant under the Plan for each of such prior taxable years. 5.03 Age 50 Catch-Up Deferral. The maximum deferral amount described in Section 5.01 under the Plan for the Participant's taxable year is increased for a Participant who has attained age 50 or over by the end of the taxable year. The amount permitted under this Section shall be the greater of (a) The amount set forth in section 5.01 (without regard to Section 5.02), plus the applicable dollar amount set forth in IRC Section 414(v)(2)(B) and as adjusted for cost of living adjustments described in IRC Section 414(v)(2)(C), both provisions as currently enacted and hereinafter amended, or (b) The amount determined under any other applicable Section of this Plan (without regard to this Section). For 2006, the applicable dollar amount set forth in IRC Section 414(v)(2)(B) is $5,000. 5 5.04 Participation in more than one Plan. The amount excludable from a Participant's gross income under this Plan or any other eligible deferred compensation plan under section 457 of the Code shall not exceed the maximum amount allowed under this Article less any amount excluded from gross income under section 403(b), 402(a)(8), or 402(h)(1)(B) of the Code, or any amount with respect to which a deduction is allowable by reason of a contribution to an organization described in section 501 (c )(18) of the Code. Consequently, an Employee who participates in more than one plan (whether or not maintained by the same sponsor) must allocate the dollar limitation among the plans in which he or she participates. 5.05 Participation in Tax-Sheltered Annuity. If and individual who participates in an eligible deferred compensation plan also participates in a tax-sheltered annuity program, contributions that are excludable from his or her gross income under Code Sec. 403 (b) reduce the limitation, under Code Sec. 457, on the amount of compensation which may be deferred under the eligible deferred compensation plan. For purpose of computing the exclusion under Code Sec. 403 (b), an amount deferred in an earlier taxable year under an eligible State deferred compensation plan (with regard to the sponsoring entity) is treated as an amount contributed by the employer and excluded by the employee under Code Sec. 403 (b), if the taxable year of the deferral counts as a year of service for purposes of Code Sec. 403 (b). 5.06 Uniformed Services Employment and Reemployment Rights Act of 1994. Notwithstanding the preceding provisions of Article IV, A Participant who is entitled to reemployment pursuant to the terms of the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) may defer an additional amount under the Plan as provided in that Act for the years of his or her service in the uniformed services (as defined in USERRA). Any such deferrals will not be subject to the limits set forth above in the year in which deferred, but will be subject to the limits for the year to which such deferrals relate. 5.07 Leaves of absence. Unless a deferral election is otherwise revised, if a Participant is absent from work due to leave of absence, deferrals under the Plan shall continue to the extent that Compensation continues including compensation from accumulated sick and vacation leave. ARTICLE VI. EMPLOYER CONTRIBUTIONS 6.01 The Employer may contribute to the Plan for Participants. Employer contributions shall vest at the time such contributions are made. For purposes of administering ARTICLE V relating to deferral of compensation, Employer contributions shall apply toward the maximum deferral limits in the Plan Year. ARTICLE VII. DISTRIBUTION OF BENEFITS 7.01 Commencement of Distributions. Except for Unforeseeable Emergency withdrawals pursuant to Article VIII or otherwise specifically allowed by the Plan, distributions from the Plan may not be made to a Participant earlier than: (a) the calendar year in which the Participant attains age 70 Y2; or (b) the Participant retires or otherwise has a severance from employment. All irrevocable elections of a benefit commencement date by a Participant or a Beneficiary made 6 prior to January 1, 2002 and defaulted distributions (other than a defaulted distribution to an annuity option) may be voided at the election of the Participant or the Beneficiary. 7.02 Election of Benefit Commencement Date. A Participant may elect to commence distributions of benefits at any time after retirement or other Severance from Employment, as determined and confirmed by the Plan Sponsor by a notice filed with the Administrator before the date on which benefits are to commence. The entire trust shall be distributed to the Participant not later than the Required Beginning Date described in Section 7.05 or shall be distributed, beginning not later than the Required Beginning Date, over the life of such Participant or over the lives of such Participant and a Designated Beneficiary, or over a period not extending beyond the life expectancy of such Participant and Designated Beneficiary, as provided by regulations. However, in no event may distribution of benefits commence later than the date described in Section 7.05, Required Beginning Date. 7.03 Forms of Distribution. Benefits shall be paid in accordance with the payment option elected by the Participant. Payment, method of payment, and settlement options are available as provided by each of the available investment specifications. The Participant shall elect the method of payment based upon the options then available under the Plan, including but not limited to lump sum distributions, periodic payment by fixed amount, periodic payment by fixed time period, partial lump sum payment or purchased annuity. A Participant or Beneficiary who has chosen a payment option, other than the purchased annuity option, shall have the ability to change his payment option subject to any restrictions or limitations imposed by the Plan, the Administrator, an investment option provider, any regulatory agency, or as otherwise required by law. 7.04 Treasury Regulations Incorporated into Plan. All distributions required under this Article VII will be determined and made in accordance with the Treasury Regulations under promulgated under IRC Section 401(a)(9). 7.05 Required Beginning Date. The Participant's entire interest will be distributed, or begin to be distributed, to the Participant no later than the Participant's required beginning date, which is to begin no later than April 1 of the calendar year following the later of the calendar year in which the Participant attains age 70 Yz or has a Severance from Employment. 7.06 Required Minimum Distributions. All distributions under the Plan must comply with IRC Section 401(a) (9) and the regulations issued thereunder. (a) Participant dies before entire interest is distributed. If a Participant dies after the distribution of the Participants interest has begun but before the entire interest has been distributed to him or her, the remaining portion of such interest will be distributed to the Beneficiary at least as rapidly as under the method of distribution in effect at the time of the Participant's death. (b) Participant dies before the distribution of the employee's interest has begun. If a Participant dies before the Required Beginning Date of distribution, payments to a Beneficiary must comply with one of the following requirements: 7 (i) Generally. The entire account value must be distributed within 5 years after the death of such Participant's death; or (ii) Designated Beneficiary. If the Designated Beneficiary is a person other than the Participant's spouse, distributions to the Designated Beneficiary of the account must begin no later than 1 year (or such later date as prescribed by the IRC or Treasury regulations) after the date of the Participant's death, payable over a period not extending beyond the life expectancy of the Beneficiary; or (iii) Spouse as Designated Beneficiary. If the Designated Beneficiary is the Participant's surviving spouse, distributions to the surviving spouse must begin no later than 1 year (or such later date as prescribed by the IRC or Treasury regulations) after either 1) the date of death of the participant or 2) the date which the Participant would have attained age 70 Y2 , whichever is later. The account must then be paid over a period not extending beyond the life expectancy of the spouse. (c) If the Participant dies before the date distributions begin, the Participant's surviving Spouse is the Participant's Designated Beneficiary, and the surviving Spouse dies before distributions are required to begin, this Article VII will apply as if the surviving Spouse were the Participant. (d) If the Beneficiary is not a person, such as a trust or an estate, the entire account value must be distributed according to the five-year rule in (b) (i) above. ARTICLE VIII. UNFORSEEABLE EMERGENCY DISTRIBUTIONS 8.01 Distribution. If the Participant has an Unforeseeable Emergency before retirement or other Severance from Employment, the Participant may elect to receive a lump sum distribution equal to the amount requested or, if less, the maximum amount determined by the Administrator to be permitted to be distributed under this Article VIII. 8.02 Unforeseeable Emergency Defined. An Unforeseeable Emergency is defined as a severe financial hardship of the Participant resulting from: an illness or accident of the Participant, the Participant's Spouse, or the Participant's dependent (as defined in IRC Section 152(a)); loss ofthe Participant's property due to casualty (including the need to rebuild a home following damage to a home not otherwise covered by homeowners insurance, e.g. as a result of a natural disaster); the need to pay for the funeral expenses ofthe Participant's Spouse or dependent (as defined in IRC Section 152(a)); or other similar extraordinary and unforeseeable circumstances arising as a result of events beyond the control of the Participant, or as otherwise permitted by law. For example, the imminent foreclosure of or eviction from the Participant's primary residence may constitute an Unforeseeable Emergency. In addition, the need to pay for medical expenses, including non-refundable deductibles, as well as for the cost of prescription drug medication, may constitute an Unforeseeable Emergency. Except as otherwise specifically provided in this Article, neither the purchase of a home nor the payment of college tuition is an Unforeseeable Emergency. 8.03 Unforeseeable Emergency Distribution Standard. A Distribution on account of Unforeseeable Emergency may not be made to the extent that such emergency is or may be relieved through reimbursement or compensation from insurance or otherwise, by liquidation of 8 the Participant's assets, to the extend the liquidation of such assets would not itself cause severe financial hardship, or by cessation of deferrals under the Plan, or as otherwise permitted by law. 8.04 Distribution Necessary to Satisfy Emergency Need. Distributions because of an Unforeseeable Emergency may not exceed the amount reasonably necessary to satisfy the emergency need (which may include any amounts necessary to pay any federal, state, or local income taxes or penalties reasonably anticipated to result fro the distribution) ARTICLE IX. ELIGIBLE ROLLOVERS AND PLAN- TO-PLAN TRANSFERS 9.01 Eligible Rollovers to the Plan. (a) Incoming Rollover Contributions. A Participant who is entitled to receive an Eligible Rollover Distribution from another Eligible Retirement Plan may request to have all or a portion of the Eligible Rollover Distribution paid to the Plan, provided, (1) the Eligible Rollover Distribution is made entirely in the form of U.s. dollars, and, (2) the Participant demonstrates to the Administrator's satisfaction that the amount is a qualifying Eligible Rollover Distribution under IRC Sections 402(c)(4), 403(a)(4), or 408(d)(3), (b) Definitions of Eligible Rollover Distribution. For purposes of Section 9.01(a) Incoming Rollover Contributions, an Eligible Rollover Distribution means any contribution of all or any portion of a Participant's benefit under another Eligible Retirement Plan to the Plan, except that an Eligible Rollover Distribution does not include: (i) any installment payment for a period of 10 years or more, (ii) any distribution made as a result of an Unforeseeable Emergency, or (iii) For any other distribution, the portion, if any, of the distribution that is a required minimum distribution under IRC Section 401(a)(9). ( c) Separate Account for Eligible Rollover Contributions. The Plan shall establish and maintain for the Participant an Eligible Rollover Account for any Eligible Rollover Distribution paid to the Plan from any Eligible Retirement Plan that is not an eligible governmental plan under IRC Section 457(b). In addition, the Plan shall establish and maintain for the Participant an Eligible Rollover Account for any Eligible Rollover Distribution paid to the Plan from any Eligible Retirement Plan that is an eligible governmental plan under IRC Section 457(b). 9.02 Eligible Rollovers from the Plan. A Participant or the surviving Spouse of a Participant (or a Participant's former Spouse who is the Alternate Payee under a Domestic Relations Order, as defined in IRC Section 414(p)) who is entitled to an Eligible Rollover Distribution may elect, at the time and in the manner prescribed by the Administrator, to have all or any portion of the distribution paid directly to an Eligible Retirement Plan specified by the Participant in a direct rollover. 9.03 Plan-to-Plan Transfers - to the Plan. (a) Permissive Plan-to-Plan Transfers. At the direction ofthe Employer, the Administrator may permit a class of Participants who are Participants in another eligible 9 governmental IRC Section 457(b) plan to transfer assets from said eligible governmental IRC Section 457(b) plan to the Plan as provided herein. Such a transfer is permitted only if the other Plan provides for the direct transfer of each Participant's interest therein to the Plan. Transfers from other eligible deferred compensation Plans (as defined in IRC Section 457) to the Plan will be accepted at the Participant's request if such transfers are in cash. (b) Effect of Transfers on Annual Deferral Limitations. Any such transferred amount shall not be subject to the limitations of Section 5.01 Basic Annual Limitation, 5.02 Special Section 457 Catch-up Limitation, and 5.03 Age 50 Catch-Up Annual Deferral Contributions, as an Annual Deferral, provided however, that the actual amount deferred during the calendar year under both Plans shall be taken into account in calculating the maximum Annual Deferral for that year. The amount so transferred shall be credited to the Participant's Account Balance and shall be held, accounted for, administered, and otherwise treated in the same manner as an Annual Deferral by the Participant under the Plan. (c) Required Documentation for Transfers to the Plan. The Administrator may require such documentation from the other Plan as it deems necessary to effectuate the transfer in accordance with IRC Section 457(e)(lO) and Treasury Regulation Section 1.457-1O(b) and to confirm that the other Plan is an eligible governmental plan as defined in Treasury Regulation 1.457-2(f). 9.04 Plan-to-Plan Transfers - from the Plan. (a) Outgoing Plan-to-Plan Transfers Pursuant to Severance of Employment. At the direction of the Employer, the Administrator may permit a class of Participants and Beneficiaries to elect to have all or any portion of their Account Balance transferred to another eligible governmental plan with the meaning ofIRC Section 457(b) and Treas. Reg. 1.457-2(f). A transfer is permitted under this Section 9.04(a) for a Participant only if the Participant has had a Severance from Employment with the Employer and is a public employee of the entity that maintains the other eligible governmental 457(b) Plan. Further, a transfer is permitted under this Section 9.04(a) only ifthe other eligible governmental 457(b) plan provides for the acceptance of plan-to-plan transfers with respect to the Participants and Beneficiaries and for each Participant and Beneficiary to have an amount deferred under the other plan immediately after the transfer at least equal to the amount transferred. (b) Outgoing Plan-to-Plan Transfers While Employed. If the Employer offers an eligible governmental 457(b) plan other than the Plan, and such other plan accepts transfers, the Participant may transfer the Account Balance in cash from the Plan to the other plan. (c) Limitation of Liability. Upon the transfer of assets under this Section 9.04, the Plan's liability to pay benefits to the Participant or Beneficiary under this Plan shall be discharged to the extent of the amount so transferred for the Participant or Beneficiary. The Administrator may require such documentation from the receiving plan as it deems appropriate or necessary to comply with the is Section 9.04 (for example, to confirm that the receiving plan is an eligible governmental plan under paragraph (a) of this Section 9.04, and to assure that the transfer is permitted under the receiving plan) or to effectuate the transfer pursuant to Treas. Reg. 1.457-10 (b). 10 ARTICLE X. DOMESTIC RELATIONS ORDERS 10.01 Receipt of Domestic Relations Orders. When the Employer, Administrator, or Plan receives a Domestic Relations Order (DRO), judgment, decree, or order (including approval of a property settlement agreement) pursuant to 26 USC 414(p) that relates to the provision of child support, alimony payments, or the marital property rights of Spouse or former Spouse, child or other dependent ofa Participant is made pursuant to the domestic relations law of any State, then the amount of the Participant's Account Balance shall be paid in the manner and to the person or persons so directed in the DRO as the Alternate Payee. Such payments shall be made without regard to whether the Participant is eligible for a distribution of benefits under the Plan. The Administrator shall establish reasonable procedures for determining the status of any such decree or order and for effectuating distribution pursuant to the DRO. Upon receipt of a DRO: (a) The Administrator shall notify the Participant and Alternate Payee of the receipt of the DRO, and (b) Within a reasonable time, the Administrator will follow the procedure adopted by the Employer to determine the validity of the DRO. In the event the Administrator believes that the DRO is acceptable, it will process the DRO in accordance with the Administrator's procedures. If the DRO does not appear to be acceptable, the Administrator may contact the Employer for a final determination and instruction regarding final disposition of the DRO. 10.02 Validity of DRO. For purposes of this Article X, a valid DRO is a judgment, decree, order, or approval of a marital property settlement made pursuant to a state domestic relations law (including community property law), relating to the property rights of a Participant and Alternate Payee. In addition, the DRO must: (a) Create or recognize the existence of the right of an Alternate Payee to all or a portion of benefits payable with respect to a Participant under the Plan; (b) Clearly specify the following information: (i) The name and last known mailing address of the Participant and Alternate Payee covered by the DRO; and (ii) The amount or percentage, or the manner in which the amount or percentage is to be determined, of the Participant's benefits to be paid to the Alternate Payee; and (iii) The number of payments or period which the DRO applies; and (iv) The Plan to which such DRO applies. (c) Provide a form of payment to the Alternate Payee that is permitted under the Plan; and, (d) Not require the payment of benefits to an Alternate Payee which are required by a prior DRO to be paid to another Alternate Payee. 10.03 Processing of a DRO. If it has been determined that a DRO applies to a Participant's account, unless specifically directed otherwise by the Employer, the Administrator shall comply with the DRO. The Administrator may place a restrictive hold on a Participant's Account Balance while it determines the validity of, and/or processes a DRO. The Administrator 11 shall establish a separate Account Balance for the Alternate Payee and transfer the assigned value or benefit from the Participant's account into the Alternate Payee's separate Account Balance. 10.04 Rights of an Alternate Payee to Receive Distributions. The Alternate Payee is entitled to receive distributions immediately upon the establishment of the separate Account Balance pursuant to Section 10.03 Processing of a DRO. Commencement of distributions must begin no later than April I st following the year in which the Alternate Payee attains age 70 Y:z . Distributions made to an Alternate Payee are reported as taxable income to the Alternate Payee in the calendar year in which the distributions are received by the Alternate Payee. State taxes, if applicable, and federal taxes will be withheld from any distribution on the Alternate Payee's Account Balance based upon the tax withholding elections of the Alternate Payee. The Alternate Payee may not make any contributions to the account but is permitted to designate Beneficiaries for the Account Balance and to exercise exchanges among the investment options as permitted by the Plan. 10.05 No Liability for Prior Distributions. In the event that it is determined that a DRO is valid and the Participant has begun receiving distributions from the Plan, the Alternate Payee must commence distribution within sixty (60) days following the date the DRO is determined to be valid. The Administrator shall only process a DRO to the extent possible based upon the then current value or benefit in the Participant's Account Balance. ARTICLE XI. AMENDMENT AND TERMINATION 11.01 Employer may, at any time, amend, modify or suspend this Plan, in whole or in part, at any time, or cease deferring Compensation pursuant to the Plan. Notwithstanding any other provision of the Plan, Employer in its sole discretion, may terminate this Plan and discharge in full its obligations under Plan to all Participants or all Participant's beneficiaries by distributing to such Participants or beneficiaries the value of the Participant's account. No amendment, modification, suspension, termination or cessation shall affect the rights of Participants or their beneficiaries to the extent of any amount deferred prior to the amendment, modification, suspension, termination or cessation. ARTICLE XII. AMENDMENT AND REST A TEMENT OF PRIOR PLAN 12.01 This Plan amends in its entirety and restates the City of Bremerton's Prior Plan. This Plan shall apply to all Participants in the Prior Plan on the effective date hereof, and also to each Employee who elects to participate in this Plan on or after the effective date hereof. ARTICLE XIII. MISCELLANEOUS 13.01 Choice of Law. This Plan shall be construed under the laws of the State of Washington. 13.02 Section Headings. The sections headings of this Plan are not a part of this Plan and shall have no effect upon the construction or interpretation of any part hereof. 12 13.03 Nonassignability. Neither Participant nor his or her beneficiary shall have any right to sell, assign, transfer or otherwise convey the right to receive any payment hereunder; nor shall any such payments be subject to attachment, garnishment or execution of any kind in connection with any claim against Participant or his or her beneficiary. 13.04 Conflict between Plan and Law. In the event of a conflict of any provision of this Plan with applicable provisions of the IRC or Treasury Regulations, the provisions of the IRC or Treasury Regulations will be controlling. 13.05 Severability. Any provisions of this Plan which shall prove to be invalid, void, or illegal shall in no way affect, impair, or invalidate any other provision hereof and such other provision shall remain in full force and effect. IN WITNESS WHEREOF, Employer has caused this Plan to be signed and attested on this day of ,2007. CITY OF BREMERTON, Employer Attest: City Clerk CARY BOZEMAN, Mayor R:\LcgaIlLcgal\Dcpmtments-Gcneral\Human Resourccs\Dcfcrred Compensation\DefelTcd Comp Plan - 2007 final.doc 13 DATE SUBMITTED: 1103/07 BILL # 01-01'1 AGENDA BILL CITY OF BREMERTON CITY COUNCIL ..".A .mum...8D....sD.m.......s...................m.........a...................mssmm..u...a.. . Qrd iYl4nu.,..; Alo .'::1 917 SlUBJECT: OrdInance aI1nexmg hind In Tracy ton to the City of Bremerton, and setting February 1, 2007 as the effective date. Committee Meeting Date: COUNCIL MEETING Date: Department: Presenter: Phone: 1/ 10/07 1/ 17/07 Comm. Development Andrea Spencer 473-5283 SUMMARY: The City received a petition for annexation requesting annexation of approxmiately 84 acres in the Tracyton area to the City of Bremerton. All of the requirements for annexation have been met and staff recommends approval of the annexation under the terms and conditions of the proposed ofdinance setting an effective date of February 1, 2007 for the annexation. I ATTACHMENTS: 1) Proposed Ordinance 2) Resolution 3012 : No. '1-911 FISCAL IMPACTS (Include Budgeted ~ount): Fiscal impacts as documented in the Tracyton Urban Growth Area Annexation R~.port and Cost / Benefit Analysis. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: RECOMMENDED MOTION: Move to pass 0 inance o. !/:J.j]annexing approximately 84 acres to the City of Bremerton and setting an effective date of February 1, 2007 for the annexation. I CONSENT AGENDA 0 I FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action i I II ORDNINANCE NO. 'fq q 7 AN ORDINANCE of the City Council of the City of Bremerton, Washington, finalizing the annexation of certain contiguous lands comprising approximately 84 acres in the Tracyton area of East Bremerton more particularly described in the 75% Petition for Annexation of Territory (Petition) approved by City Council on October 4, 2006; and establishing February 1, 2007 as the effective date of the annexation. WHEREAS, on August 17,2006 and, in accordance with RCW 35.13.130, the City Clerk received a Notice of Intention to Commence Annexation Proceedings from the City of Bremerton, Belko, Inc. and, pursuant to Outside Utility Agreements granting consent to annexation, other owners of property in the Tracyton Beach Road/Tracyton Watershed Parcel area ("Initiating Party"); 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 authorizing for circulation, a petition for annexation of the proposed area for annexation pursuant to RCW 35.13.130 determining that the City will 1) 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, 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 Tracyton Beach Drive/Tracyton Watershed Parcel area of not less than 75 percent of the assessed valuation for general taxation of certain real property, comprised of approximately 84 acres, the "Tracyton Annexation" area, which is more particularly described in Exhibit A and further identified in the map attached hereto as Exhibit B; and WHEREAS, a valid and sufficient 75% Petition For Annexation of Territory was filed on behalf of the Initiating Party; and WHEREAS, on October 4, 2006, following a public hearing duly noted and advertised, the City Council passed Resolution 3012 stating Intent to Annex the proposed territory; and 1 Tracy ton Annexation WHEREAS, all statutory annexation proceedings for annexation by the 75% petition method were executed as documented in Resolution 3012 incorporated herein by reference, including public hearings and notices; and WHEREAS, pursuant to WAC 197 -11-800( 6)( d), annexation of territory by a city or town is exempt from environmental (SEP A) review; and WHEREAS, the proposed area for annexation is located within the City's Urban Growth Area (UGA); and WHEREAS, the land use designation previously established by tRe 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 I' WHEREAS, the City of Bremerton filed a Notice oflntent to Annex document with the Kitsap County Boundary Review Board (BRB) and the BRB review period expired on . December 31, 2006 with no action by the BRB; and WHEREAS, City Council finds that it is in the best interest of the City to accept the proposed annexation a$ 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 foregoing recitals are incorporated by this reference and made a part hereof. SECTION 2. There shall be annexed to the City of Bremerton, Washington, certain property situated in Kitsap County, Washington, commonly known as the "Tracyton Watershed Parcel / Tracyton Beach Drive" area, which property is legally described in Exhibit A, attached and incorporated by this reference, and which is located and having the boundaries as indicated in the maps attached as Exhibit B, which is incorporated by this reference. SECTION 3. In accordance with the Petition for Annexation, the property hereby annexed shall assume and be subject to its proportionate share of the City's existing indebtedness and shall be assessed and taxed at the same rate and on the same basis that other property with in the City of Bremerton is assessed and taxed to pay for any outstanding general indebtedness of the City, if that indebtedness has been approved by the voters, contracted for, or incurred prior to, or existing at the effective date of this annexation. 2 Tracy ton Annexation SECTION 4. The Annexation area shall be subject to the City's Comprehensive Plan land use designation of Low Density Residential (LDR) and Zoning of Residential Low Density (RIO) and the Zoning map is hereby amended accordingly. SECTION 5. This annexation will become effective February 1, 2007, and on that date, the annexation area shall become a part of the City of Bremerton, subject to all the laws and ordinance of the City except as otherwise provided by law. SECTION 6. Pursuant to RCW 35.13.260 within thirty (30) days for the effective date of this annexation as provided by law, the City Department of Community Development (DCD) of the City of Bremerton shall, under the direction of the Mayor of the City i ofBremerton, determine the resident population 0 the annexed territory, which population determination shall consist of an actual enumeration of the population that shall be made in accordance with he practices and policies and subject to approval ofthe State of Washington's Office of Financial Management and which population shall be determined as of the effective date of this annexation as specified in this ordinance. DCD shall prepare a certificate signed by the Mayor and attested by the City Clerk in such form and containing such information as shall be prescribed by the State Office of Financial Management, and the City Clerk shall thereafter submit that certificate in triplicate to the Office of Financial Management together with the population determination of the annexed territory. SECTION 7. Upon passage of this annexation ordinance, the City Clerk of the City of Bremerton, pursuant to RCW 35.13.150, shall send to the Office of the Clerk of the Kitsap County Board of Commissioners a certified copy of this ordinance. SECTION 8. Severability. 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 Resolution and the same shall remain in full force and effect. SECTION 9. 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. day of PASSED by the City Council of the City of Bremerton, Washington this_ ,2007. WILL MAUPIN, Council President Approved this day of ,2007 CARY BOZEMAN, Mayor 3 Tracy tOll Allllexatioll ATTEST: APPROVED AS TO FORM: - P AULA JOHNSTON, City Clerk ROGER A. LUBOVICH, City Attomey PUBLISHED the EFFECTIVE the ORDINANCE NO. day of day of ,2007 , 2007 R:\Legal\Legal\Files\Current Active Files\Annexation - Tracyton\Tracyton annexation-ord-final.doc 4 Tracy ton Annexation EXHIBIT A LEGAL DESCRIPTION OF TERRITORY PROPOSED FOR ANNEXATION TO THE CITY OF BREMERTON A portion of Sections 2 and 3, Township 24 North, Range 1 East, W.M., all situate in Kitsap County, Washington, lying between the following described line and the current City of Bremerton city limits: Beginning at the common comer 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.3 772R - 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 short plat to the northwest comer of said short plat; thence southerly along the west line of said short plat to the southwest comer 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-l, as recorded under Kitsap County Auditor File No. 200212180023 and 200212180026 and under Volume 17 of the book of short plats, Pages 113 and 1 14, records of Kitsap County, Washington; thence easterly along said south line to the southeast comer 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. 032401-1-085-2000 03 401-1-107-2~04 0 2401-2-00 -2003022 01-2-009-1000 03 401 1-106-2005 240~;~~_~~~OO 5-0001512 -000-006 '- - 032401-1-054-200 32401 1 t:2ooa 022401-2-018-2001 cfz2401-2-019-20 b 022401-2-023- 0040224 1-2-024 003 022401~2-022-2005 EXHIBIT B PLAT MAP 032401-1-089-2006 b324 1-1-030-2006 i---l 2401-1-061-20 lJ . "A~I 032401-1-086-2009 02240 -2-02 -2007 24C -1-05 -2001 022 01-2-016- 003 02 32 01-1-C 1-200 0324 1-1-05 2003 022401-2-001-2000 _ 03 401-1- 59-2002 (,.:1 ~L1"'_VIr;;;;VV noo.o. '_000_001_0108 200 32401-1-084-2001 01-2- 3-2006 022401-2-032-2003 324~ ./ I-- 03 401_1_035-~32401-1-064-2+5 032401-1-114-2005() 2401_1-'7 032401-1-038-2008 032401-1-049-20~ 1 ~ o 24 022401-2-033-2002 3240 1-04 o ji \';~ :gg~ 0324 1-1-0 08 009 1JI5240 - I-U-'ti-<uuu ~01-1-037-2009 22401-2-004-2007 032401-1-u-'0-<uuo b22401-2-005-2006 32401- 38- 008 032401-1-039-2007 032401-1-044-2000 022401-2-006-2005 2401-1-040-20 0\ 032401-1-097-2006 032401-1-040-2004 73 401-1-094-2 09032401-1-095-2008 032401-1-041-2003 \ 032401-1-096-2007 401-1-071-2 401-1-073-2 0403 1 72 2'~ - - 32401-1-083-200 2~01-1-073-20 03240 1- OD2 022401-2-007-2004 032401-1-039-2007 022401-2-003-2008 1 :~0-02 3pOOO 57.-99J. -024-00 3957 0-02 ~ ~7-~ 025- 0 395 ~ 001 : ;~~I 395 ~ 0;<:: 0003 fs7- bO-01 -OO( o 2401-2-017-20h2 032401-1-082-2003 2401-1-071-200 2401-1-074-20 I 032401-1-081-2004 032401-1-042-2002 ~ 032401-1-079-2008 ~401-i~0 ~- :I K~4~,I,~_~ 2pR'e~OSED FOR ANNEXATION 03 1-1-07 05 32401-1-042-2002 ~ L 4728-()( -e72~800_01 00 8-000-027-0 72 -000-028- 90 4728 000-017 l_ 4728-0 p.6-rj 03 472 000-014 007 r 4728-00 0J1l ~ 728-0 -7.~00_01 0008 4728e~, 4728 00-01 I 4728 000-01 ~~ ~< 72~ -011- 09472 000-01 001 000-02 ~\ 4728- 0-0 -000 ~ V no\-'0 4728000-022 0074 008 0 728 000-00"1'202 ~ _ ,~-..l. ~728- 00-0~_~_0~~~8- 0-02~006( V 72 0-00 4728- 100-02 0 032401-4-027-2005 -000- 4-000 I C 2401-4-028-20 000-00 08 ~ 472 000-025 4 4 - 00-00 . "C 8~~~'::l_1 200703201-4-026- Oq503240 -4-018- 0\6_ .. 4728 00-00 0~'00 2 0324 1-4-0042 02 ... 0324J M~ ~ 032401 0-20 \....- 032401 =00 \, 1\ 032401-4-030-2000 og;i~o ci,s.;2~nkq \ a.032401-4-015-2009 0324 -014-201\1, ~ 022 01-3-005- 04 0324 -014-20OQ \' ~032401-4-014-200"-- 02 1-3-003- 06 0324 ~4-042-20 ~'-V ~~40~ 0324 4-042-2006 .-~ 032401-4-042-20 02 401-4-034-2 6 l :.I( 03240 4-0< -2005 032;1:1_'-023-~~~12401_4~ ~~0104,:::~3 01-4-035- 05 030,"'-.wl2i~ 032 01-4-041- 007 - - 02 1-3-096- 04 0- 1-4-022- 00 2401-4-02 -2000 C ~J 02 01-3-116- boo k-"" 2401-4-047-20 ~032401- 6-2004 0~~'_4_01'- 03 2401-4-0 -2003 02 1-3-095- 05 ~ ~'01-4-0~ 032 01-4-044 04 o 014010-2 04 0 2401-4-021-20 ~003-000- o 401-4009-2 7 022 01-3-115-2 01 022401-3 o 1-4-009-2 7 02 1 3094 06 - _ 22401-3-0 ~01_4_008- ~~401-4-008-20cf 032 0112CI~;0~ 200~ -~5og ~ ~ 02 0324UT-4-007-2009 0 24 -3-00 2005 ~ 03 01-4007 032401-4-006- OC _ 02 "01-3- 13-20_03~ -004-G 0-0001 ~ 02 401-1-~0401_1_002 20 I I 10 01-io02-~1 '," 471510000011000747 OOo-om-OOO. 1124 032401-4-024-2008 3957-000-01 5076_fQO -00"\507t-OOO<f~015- 13~9iO~U;:~:l~,,";,r.59-:f..~ ... 5076-0 011- -01 -0000 '" .- ~ ~ 076-000-010- 006507 _ O-~ O~ 09 959- 00-00 00h7 ~;;-~:?~ =. ~ ..!: )~ 00-00 o<\l 959- 0-01 00, ~ _~~ 2-0004 50 '1-000-029- 5 I r- 576-000-028-001 ./ ..... ,. U ~.-...'. ~ i:;lIo l-- 50576_000 ~0~~3 59- 00-01 -000 ~ 59-<4-03~0043 58-hoo- 4-0002 ~ - 507 - -00 ili 5 9- 0 = r'I ~~ - ~ f-....., ~ 3~~~~~~~' O~ 3~f~-0~l~~~-ijg- b958 OO-OOtl' l tI..~6-000- 2-000 '05 000-01 39~ 0-02 -0000 ~~~:(O~l, J ~; '0<.1'.".- tu,a On,{, _ .J ~s8~ 00-00"-000 5076-000-'-1"-0007""'" 50 -00.0:02.'1009 f3959-1xl0-01 O?X. 3951-000 20-0~ 95a)~~~r;;o -000 R.I> 4512-1J01-00 01074 12-001 _ I-< - - -000 4512-003- 01-0006,;;;; ~ 1-002- 0': ~5:2 ~1~ 1105 '~0_02 0005 4512_003_C~_000~ _ ~~~:~g:g;~ 3 !m 000-021-0007 ~ ''4512-1102-00 0006 0 2 01-3.,58-~:JO!l.... 5 02-001\J008' 4512002-0040 05 ..o..J 4 12-003-003-0 512- 312-000-01 _ ~/, 01-3-002-2 07 I.....R ~ "2-002-010-0 7 13'2-000-0 2-od"'" ! 00-000-000-000: ........ -." 4512-00 005-00 ~ 451 003-004 0 4 2-003- 110-~5 - 022401-3064-2002 4512 00-3:~~; 0004 12002-009 000 312-000- 003-0 0008 4512 002-00E 0 03 _~ _.1 451 -003-0 8-0009 51 -002-00 0001 01-3-159- Jlll!~ 4512 02:l-~'j 0024~1 -~3~0 6-0001 4512002-0070 02 - C" '" ", ... _ 512-00 '-00 -0000 12-000-0<1 'lll'01 ..... .... .. . . - ~01- - 1'\-2004 2401-4-002-20 l \ 032401-4-002-2004 8132-000- < , 0-0004 , q22401 -133-2009 02 1-3-154-~ 38147-000- uz, 01-3-017- 10 ,I.b 022401- - 53-2004;;;;,. 3-132-2001 ;ji I: 0*401 3-135-200 < O~401 3-138-2004 3.137-2005 .. 022401-3-0 0-2005Li ~ 0224013-157-2000 C 00-000 022401-3- 3-2004_ I-- 022401-3- 2-2005 ~ 8041-000-000..0004 .. 022401-3- ;;:;;;;;C 022401-3- ~~~ --"" 01-3-156- 001 022 ~1-3-~ 7 _L o ~'51- 0Ci6" 021~~-:-J~:' 008{ 02 401-3-0182 09022401- 022 01-3-155- 002 022 01-3-093- 007 o C. 02 01-3-085-2 07 ~.~ Proposed Annexation Boundary City Limits " D Tax Parcels o. 500 -Feet ,_o_oo_hOOO b2240f-3-0-.t3-2006 5511'000-00 1-Moo11:14o 1-2-0ffi-20 RESOLUTION NO. 30 I 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 ,.A..nnexation 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/Tracyton 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 aN otice 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 GrO\vth Area (UGA); and 1 Tracy tOil 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 I WHEREAS, the City Council of the City of Bremerton held a public hearing on tr~ proposed Annexation in the City Council Chambers at a regularly scheduled meeting of the lBremerton City Council at 5:30PM on October 4, 2006: and 1 . WHEREAS, the City of Bremerton will file a Notice oflntent to Annex document with the Kitsap County Boundary Review Board (BRB) immediately following the passage of this Notice of Intent 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 ofLDR 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. PASSED by the City Council of the City of Bremerton, Washington this #-LJ day of tf'--bW' ~.LJ ,2006. e~~dent kPPROVED AS TO FORM: I "'-'r /" l f .1: I L ,,,.. L' ,\. . . \.ti L-PL!../ ROGER A.. LUBOVICH, City Attorney I ' i i '1 .J Tracy tOil Annexation ATTACHMENT' PETITION FOR ANNEXA TION OF TERRITORY TO CITY OF BREIVlERTON September 19, 2006 City Council City of Bremerton 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%'ofthe 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 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 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 Ki tsap 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 - 3- c=:; //~ By: Cary Bozeman, Mayor BEALKO, INC. Tax Parcel No. 022401-2-003-2008 /1 ,-' I . ;C.o:)/ _ /':( ) ,I <A;:-~:___","",,_,,_ By: i Richard But'Ko;-Fresident CITY OF BREMERTON Tax.~. Papeet1'~t}; 022401_'LCl.L7_2QB1.o.o~7 J /~.Ll>'" /' r ,~'( / / r-)l~ L- ~ 7 I~"~-------~ 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 s.ituate in Kitsap County. Washington, lying between the fol1owing described line and the cun-ent City of Bremerton city limits: Beginning at the cOl11mon corner between said Sections 2 and 3, also being the true point of beginning, and a point on the said current city limits; thence northerly along the common line between said Sections 2. and 3 to the northeast corner of short plat No. 3772R-l, as recorded under Kitsap County Auditor File No. 200307180071, being an amendment to Kitsap County Auditor File No. 8501290067; thence westerly along the north line of said short plat to the northwest corner of said short plat; thence southerly along the west line of said short plat to the southwest corner of said short plat, also being a point on the north line of Government Lot 3 of said Section 3; thence westerly along said north line to its intersectiDn 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.7] 87R -1, as recorded under Kitsap County Auditor File No. 200212180023 and 200212 180026 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 south'Nest quarter of the 110l1hwest quarter of said Section 2. I J 03?4['1.,.{IB9.~OO(, j 03 ~Ol-i'107'2~~-: ". ,. Of?401-2.n{Jf-?CO:;G22rl'<~-nll?'jbf1n':,!,:,<:"",_~~~'Jl.:~~:~l!:<'::O~') ! ! 1 EXHI BiT 8 I 031.W1 1-100.20G5tfJ....1U;~~~~ogo-~~0~.rJOl'~5'2koG(:.006.(JSS~ I I G22401-2'02J-too~O:??.wl'2'['~dl"._O'.. j i I I I J ,~'" II }"'~ . I J . 022.tGl-2-02.2-200:: I I - t! ..u,' I I '"'- I 10:2401.2.0' [I2CO, I I I PLAT _fVlAP l I 032'OI10a?~GOa 032'O"0'A-2ooi,3240"b~ II I,II"C""L.. c,. AKVIE~":oC"ODIO;O' 3A=" 1 1-0302006 I P 200r' "'0: 1-[18< ~0011 /1 ~ I r 022,01, 02{' ~oo; i i '" I . " ',?00, I I --<p2'01 1 G6, 20 , I " . . "' II' O~2.401 1 0.811200':' /',/ A24 1 O~t~OUl I 022~01: r\1;3 ~GO- "?. , " ,022 \11 <2_d... ':;.20GC ! I I H t: H<.TJl ~ ~ /~/ P32,Oi H:pl 200 OJ21~1 1 05~2003; O,-_4Q,-2.G01-::!O_O I I' 022d(lj.2-032-200~, I "41'1 07e?' I 1./ / I' I ~l"Q' l-q;;200: , I ~ J" '0' 1 03'_g~32401 1 On_ 2+' 03"0' '-0'9,21,0;'/;; 024 'c', 0 I i C- ~ V I I 022~O"'033-20021 II I _0 'J.lfll - {;J 2(7l0~ /' ~- / J32401 1-11.. 200:J - / /" JOB I ,/ /1//1/ / 0 24 1-1.04J2006 gg~~ ;';Oci '00, . 32 01-1-0 7-200 [2.:101-' OJu ~UUI.J l22.H)1-2-Q04.2007 032::101.1-038-200B 032401-1- l:JiL:UlJb ;2'401.1-037 -200, ~ J22401 -2-005-2005 032401-1-039-2007 03240 ','-044.2000 l32401-1.03fr-20C7 ! /' 10\ 032'01'1.097-2006 032~Ol-1-040-200.J / 73401-1-09-1-209032401-1-095-2008 032401.1-041-2003 \ 1)32401-'-096-2007 I ';Oi'1-071-? J2401-'-040.20 "- I 401 -1-073-2 0403 1- 72 20~ 240l-1.07j-200~ . ' 32401-'-083-200 2401.'-073-20 032-10 _,_ _002 03" "'-07 0; (r 32401.1-0<2 200~ \ \ J22401-2-0m;.2005 022401 -2-0GJ.2008 022401-2-007,2004 ~" 5\OGt1'D~OOij 3'~57 )(J.~~7~O 1 -024-0 ~-;-oo 025. 00 395 ~oo 395 JOO-O?O 00 39 ~~9'018 007 39 OOO-Oi 7. 8 3~5 00-016 00 3957-000-01 000357./00.01 -00 t ~;0;~\c\200' 03240'-4.00'.2004 j 5071500, 2 OGO ,~.~1oofo;;.ogr,3~e~0~0~t';.UU~5'_~~U~~"~~1 I, ' i\ \ 507"0 011 ,- ~~o ~VU1"'\.ll. II"S< I ~\~ J ~726-0~.e50GO '728~OO-U~00G G76 000 0'0- 006507 . 5C.U~? ~~r09~59-r~1l-00~00~: J:,5:'~cO;t~~~;6;(J, ,I ~8~' I '--.00-00 o.f:' "o>-~uo.o1J,-oObo P95"-0j>V'Of2-UOO'Ii.U~ " e.OGO-027-0ljll' 7.2 -000'026)~ 472alooo.o,?, 5070000-029.' \_.,.., .1,1........ "';t..f;;;:/ ' 4726-0,9'" 6- 03 '72~0000; , 5r76'UOO-020'0 6 ..., ih:T' ~ _'.~ ~ 4,28-00 " oOJ.v5 R 032401-.4-024-2006 5076.0~O" 003 ~959.dOO-O~O~ _ ~5f1-0 O'03~~004~_~8~.OOD2;;- ".t??s. .- -0;,0 e 472 OJO.0180 J 507~'" '. -DOG 95 \ - - ~g-' ~ ': 0,'336' ~ I 8" . 00.0' -u008 I ~~ao-0Il3'U.OO '39_S9}0Il-Gl -00" 391g-00 "037'POO;P958kJoo-oaS'b0 ( ~ ~~ '0-;:':::::::'_1'_ ~O~"~;:: -- 00 ~I . / '728- 00-01 -009 8 -' 6-000-'!J2-OO0"1<- ,105 ,-OOO.Ol'-OCg( ~ 395' .OO-02~-0000 -'" -f r- Q 4728tOOG-019~') .... V ~ ., rJ.... ~ 11, _.J~~-UUI.J'U 1':1-\10901 3esa. 00-00 .OGOQ 1 ! \ l, 0..: '076.000-'1""-0007.... .~~, -~?~:3~_~~~> J3Y59-pOO-01?r.00<\6.3,95 -00. .G.. 2:'.,.0001, 95~,,d900;GG,,'- i.oo,o, I 72ElO ,O-01i- 109472 aDO-01Q Don1 .6 OOO."'>U')'" '0 ., . "1..~ .,,.,1 r1r" .. 4726- O.O~ -OOO~ ~U... '-J "~ ! > <I512-D01.00 ~lD74 12'0t-~ftl OO-i-GOI I ". - - ,n.~ ..OOOf. <'~ 4512-00,,-001.0006. -. I'S'2.0 '-00'- 009 4'1' 01-00 -J.O' r---........J 00. 728 000.009 0202 4728 000.022 0074 ~- 0008 0 \, r '\ ~ -"';.'.. ". - ,';';' 't" 0 .02 ,0005 ...._1 ~<..:: V ,.., 312.000-0' ~!~, -000-021-0007 e 8 . ..." ' '512-003-0 2'0005~ - 312-000-0)~ 4 728.00-00 005 4728 00-02 0006 r, L---= -\ 4512 02-00 0006 0 ~01-3-158-.... ~ 0006 ~: '-' 0 5 02-00'\1008 45'2 002-004 ~05 :-::l_ ... 4728 0002 0 --32401-4-027-2005 4 ~~~-003'OO,)-O 512. - A_ 312-000-01~ iJl ~ 72 00-00 )lJJ ~Ol.3-002'21JU7 l.-. ... 000- 00-5 '0'0800 04000 1 I ( 2401-4.028-20 4 2-002-010-007 312.00G-0 -0 Il<l 00-000.000-000 ""- 4512-00 005.00< _ 472 00 025 0 ~ 451 -003-004 0034 2.003-~10-"b'at5 ~_ 022401-3064.2002 4 8 boo 00 4512 003;~:! 0004 512002-009 0000 312-000.~ 7 ,. - ,.200703201.4-026- 03240 -4-018- 0 6 03-0 9-0008 4512 002.00E 0 03 I- _ 4728 00.00 001 0324 1-4-0042 02 451 -003-0 8.000 51 -002-0C -0001 01-3-159- ""' aDo-Do - 2 451~ 0~-~~~0':24i51 -0~3-_0 6.0001 45'2 02-0070 02 -c:e:J ,-"l ~ C" '\Il., I\, I 512-00 -od, -0000 312'000-0qf'l1101Ch , ~n ..... ..... 'iT.. _ 032401-4 3.20 '~ . c::: 032401. 30-20 1\'" I t 022401 13.'33-2009 022/>01.3"54.2~03 032401 -200 j,( t\ 032401-4.030-2000 8132.000-( 0.0004 u" 01-3-017. 0 ,i:~ ( 022401- - 53,200"_ j; 03240 015-20\9 ~ 032401.4.015-2009 I oJ. 3-132-200C ;l:.. 0324 01 ~~401 ~-13S-~~~,:. < ,. 032' -014-2~ ~ 02 01-3-005- 004 03:;:,\:~::i2~~ ~~032::~:,0~~::~Oi2:l2~2 601-3-003 006 8041'000_000_;;;4::::::(~::::: ~ ::::: :_mj~:~-o 0'2G05~~ \ l 03240 4.0<~_::;__~:rOl'4'034" 02240'.3. 7-2003 ~ C 1 J L032401-4-039-2GOI~~ ~ < L l. 0324 _O.? B" -- ---~ - 022401.3. -2002 - 02401.3-085. fl07 oIn' ,1nn \ ----- 03 01.4.035- 05 --!l22. 01-3.156- 001 ~3~;:~i~'01-4' 3.2009 ~ C22 ~ 7 -;r 0~~Ol_:;~~0324:::~:2:-~~:::~ 02~01-4-047 03240::~ oO~;:~~~'0::43_115J DC ~~ ]00 ~01_3:::-::; 6g;-301B-Z 09022~;I,~E::f:: I ~ o 01.4-010-204 "2401.4-01 ,.<,;\4--.-. 032,01-4.0;; 04 Proposed ,t.,nnexOition Boundary. 0~240,.4-021-20 0.1 003000- \... . 0 401'~'DQ9-2'f7 . OZ2~jl_3-115 2; 01 "" 02240'-3 D 01~:009.2 : , ,-C"C' . _.~ ^-" 02 01-3-09do06 ~22'G1 3 GJ .,..-- City Limits ~ ~. Gl-'.008.:!' e'~2401'4.00a'20qa 032JG:f.:~~e ~ 20~ 20028D~' ~6;og~ ,og~~a ~ G2) I ! Tax Parcels '\--- O:3.::..u,. ~DOi-:2009 l~f2:' ~-2.u0 .2005 1 ~ I . . ,...... Q"",r" A ro- ;"loP"':,,) u1-'1. 1"-?OO~ SOJ 03!(~4.C,0:,:<_.~_,2rc, .-~ U'.",:,:::~:, - ~- "~~O'O,GOOO'". Q_:;~ 0 '1 -",c', --"71e-o, h'~'-:_C"h?O,)1 o ~401-2.017-20 2 032401-1-082-2003 32401-1-07-1-20 032401.1-081-2004 032401-1-042-2002 t 032401.1.079.2008 I ~ '401-fEG! .- - 2P-Pt'O OSED . t "\ Q}0,l,.'oaSJ~5 T , I FOR ANNEXATION Tax Parcel Acct No. 0224012-003-2008 0224012-1017 -2002 032401-4-030-2000 032401 .4-033-2007 032401.4-034-2006 032401--4-035-2005 032401-4-036-2004 032401-4-038-2002 032401-4-039-2001 032401-4-p41-2007 032401-.1-042-2006 032401-4-043-2005 032401-4-044-2004 032401:-4-.045-20.03 D32401!-4-046-2002 032401-4-047-2.0.01 4728-000-002-0001 4728-000-003-0000 4728-000-004-0009 4728-000-005-0008 4728-0100-006-0007 4:28-0100.007-0006 4726-000-008-0005 4728-000.009-0202 4728-000-010-0001 4728-000011-0109 4728-000012-0009 4728-000.013-0008 4728-000-014-0007 4728-['00-0 i 5-0006 4728-('00-016-0005 4728-000-018-0003 4728-000-019-0002 4728-000-020-0009 4728-000-021-0008 4728-000-022 -0007 4728-000-023-0006 4728-000-024-0005 4728-000-025-0004 EXHIBIT C LIST OF PETITIONERS Taxpayer Per Kitsap Co. Assessor Records CITY Oi' BREMERTON CITY OF BREMERTON B & P Jl,SSOCIA TES B & P ASSOCIATES COSNER DONALD S BROUGHTON WiLLIAM & DEBORAH ALBERTSEN RICHARD J BOLL.ES DON & SARAH CORCORAN RONALD A & JUDITH A MORRIS LARRY W & TRUDI A GOAKEY LOREN & L1LJl. L NOGLE WILLIAM BOSCH SCOTT W & GAIL TAN HORACia G JR & MARIA T BENZA JOHN & CANDACE PARALLEL CONTRACTORS LLC MILLER MARSHALL B PRES REYMO~JT HOMEOWNE SMITH NELSON & TIM MARIE CARNAHAN DAVID W DAY GLENN A & TRINKA K HACKSTEDDE EDWARD J & LORRI J BROOKS JERRY D CHAVi:Z RICHARD L & GORDY TAMARA J LEE JOHN WILLIAM SMITH lAWRENCE & P,A,TRICIA ANN SCHAAF KENNETH l & TERRI A MillER MARSHALL 8 Iii & l YRIA AFlATOONI PAYVAND & AMANDA SCAGLlJl, MICH:=LE CEGALlS GARY J & L YNHART ALL YSA, KLUTH D:=BRA S & JAY KRELL RONALD M BEAULIEU JOHN R & DONNA A STOUT STEV:=I'~ P & REBECCA R WURDEN FRA~IK 1-, & IRE~JE T MARTIN BRUCE G GATES J:=i'i'REY & MAFlKER MYRA BORGER JOHN & MARLENE GLEN MICHAEL H & SUSAN R Filing Name of QUA NfJ.. N/A 8 & P Associates B & P Associates Cosner Broughton Albertsen Carter & Reed Carter & Reed Carter & Reed Carter Carter Broughton Broughton Carter & Reed Carier & Reed Hinrichs Hinrichs Hinrichs Hofmann Hinnchs Hinrichs Martin Hinrichs Hinrichs Swifl Guldjord Hmichs Hinrichs Yakel Kluth Yakel lowans Hinrichs Hinrichs Hinrichs Hinrichs Hinrichs i'oley Site Address Per Kitsap Co. Records ~Jone in records-undeveloped None in records-undeveloped l~on8 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 TRACYTOf\J B.eACH RD NW 3244 TRACYTOf\J BeACH RD NW 3238 TRACYTON BEACH RD NW 177 NW CARTER FARMS CT None in records-undeveloped None in records-undeveloped None in records-undeveloped None in records-undeveloped None in records-undeveloped None in records-undeveloped 3447 SULPHUR SPRINGS LN NW 3465 SULPHUR SPRII~GS LN NW None in records-undeveloped 3483 SULPHUR SPRINGS LN I\JW 3501 SULPHUR SPRINGS LN NW 3510 SULPHUR SPRINGS LN NW 3519 SULPHUR SPRINGS LN N'vV 3537 SULPHUR SPRINGS LN I,JW 3549 SULPHUR SPRINGS LN NW 3573 SULPHUR SPRINGS LN NW 3585 SULPHUR SPRINGS LN ~JW 3607 SULPHUR SPRINGS LN N'vV 3610 SULPHUR SPRINGS LN NW 3620 SULPHUR SPRINGS LN NW 3630 SULPHUR SPRINGS LN N'vV 3640 SULPHUR SPRINGS L~J ~IW 3650 SULPHUR SPRINGS LN NW 3660 SULPHUR SPRINGS LtJ NW 3670 SULPHUR SPRINGS LN NW 3680 SULPHUR SPRINGS LN I\JW EXHIBIT 0 RESOLUTION NO. 300 ~ A RESOLUTION of the City Council or tne City of Bremerton, Washington, accepting the proposal for al1llexation 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 Cit:y's existing indebtedness by the area to be annexed. . W.tIEREAS, on August 17,2006, the City Clerk received a Notice of Intention to Commence iUlllexation 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 RoadJTracyton Watershed Parcel area; and WrIEREAS, the proposed area for annexation is Itgally 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 (1 Olj~) in value of the property, according to the assessed valuation for which mmexation is petitioned; and VlHEREAS, the proposed area for annexation is located within the City's Urban Growth Area (UGA); and WHEREAS, the land use designation previously established by the City for the proposed area for annexation is low density residential (LDR); and WHEREAS, the City Council must meet with the imtiating party not later than 60 days after filing the request for annexation to consider the petition and decide whether it will 1) accept, reject, or geographically modify the proposed annexation; 2) require the simultaneous adoption of the comprehensive plan for the area proposed to be annexed; and 3) require the assumption of all or any portion of City indebtedness by the area to be annexed; and WHEREAS, City Council has set September 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 ofthe City to accept the proposed ani1.exation as presented, require the simultaneous adoption afthe 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, TraCJ:toll -"~lJ1Jie...t:ation THE CITY COUNCIL OF THE CITY OF BREMERTON, 'V/ASHrNGTON, DOES BEREB'!' RESOLVE AS FOLLOWS: SECTION 1. The Notice of Intention to Commence Annexation Proceedings attached hereto as Exhibit A is hereby accepted as presented without any geographic modification to the area proposed to be annexed. SECTIOl.,r 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. . SECT/D.!\' 3. The City Council shall require the assumption of all existing City indebtedness by the area to be annexed. ' I .. SECTIO.V 4. The initiat~ng party shall .be required to subn:it the a~propriate petItIOn as reqUlred by law to proceed WIth the annexatIOn and to forward the reqUlred information to the Boundary Review Board (BRB). SECTIO/V 5. Severabilitv. If anyone or more sections, subsections, or ~.entences 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. SECT/OJ',' 6. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. clay of APPROVED AS TO FORM: ATTEST: R:\LEGAL\Resolutions\Comlllunity DevelopmenfTracyton Notice of Annexation Resolution.doc 2 TracvtDf~. ArzJze.::.:.atioJ'i INTENTION TO COMMENCE ANNEXATION PROCEEDINGS PROPOSED ANNEXATION OF TERRITORY TO CrTY OF BRElVIERTON August 17,2006 RECEIVED OFFICE OF CITY CLERK DATE J:.n-of, T ME =<: 30 fWl.- City Cauncil City af Bremertan 345 6th St. Suite 600 Bremertan, W A 98337 Re: Tracy ton Beach / Watershed Parcel Annexation Dear City Cauncilmembers, We the undersigned, who. are the awners af nat less than 10% af the value of property, accarding to. the assessed valuatian records for general taxatian purpases of the Assessor of Kitsap County, of the fallawing described real property situated in Kitsap Caunty, Washingtan, respectfully file this Notice af Intentian to. Cammence Annexatian Pro.ceedings ("Natice") requesting that said real property be annexed to the City af Bremertan, Washingtan and we respectfully state as follaws: 1. The area proposed to. he annexed to the City is more particularly described as per the legal descriptian attached hereto as EXHIBIT A and D?-ade part af this Natice. 2. A plat map autlining the baundaries of the real property described is attached hereto as EXHIBIT B and is made a part af this Natice. 3. The said area adjains the existing baundaries af the City af Bremertan and is in Kitsap Caunty, and is within City af Bremerton' s Urban Growth Area. 4. Current or prior owners af real property in the area propased 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 Bremertan to exercise said Outside Utility Agreements as signatures in support af a Natice for annexatian. The City of Bremerton, in filing this Natice, hereby exercises these limited pawers af attarney. 5. The undersigned Petitioners respectfully request that the City Cauncil of the City of Bremertan entertain this Natice and fix a date for a meeting with the initiating parties within 60 days of the filing af this Natice as per RCV/ 35.15.125. The undersigned Petitloners.resp~ct[~lly request that the City_Cauncil determine atsaid meeting whether it will accept, reject or geagraphically modify the proposed anI1exaiioIl; whether itv/ill ... . require the simultaneous adoption of a comprehensive plan: and whether it will require the assumption of all or any portion of existing city indebtedness by the area to be annexed. CITY OF BREIvlERTON ~o ~2008 [ By: Cary Bozeman, Mayor -- BEALKO, INC Tax Parcel No. 022401-2-003-2008 ~ /; /' WI_/''' /?:;/,// By: Richard Butko, President CITY OFBREMERTON Tax P -~ ~o. 0224 ') ... By: PROPERTY SUBJECT TO OUTSIDE UTILITY AGREEMENTS: See attached Exhibit C DATE SUBMITTED: January 3, 2007 BILL # D1-0.3 AGENDA BILL CITY OF BREMERTON CITY COUNCIL 7A .IIBm.....mm.a.a.a.....a......e...............m........................a....gaasam.....m. . Qe5o'~.-h.0'Y.' No 3o;;}( SUBJECT: closed record neanng ana' Committee Meeting Date: NA passage of a resolution approving the COUNCIL MEETING Date: January 17, 2007 Brandywine Final Plat and Planned Unit Department: DCD Development for 69 units, File BP06 00188. Presenter: Nicole Ward Phone: 473-5279 SUMMARY: The action before City Council is to approve the Brandywine Final Plat and Planned Unit Development (PUD). The Council previously took action on this project by passing Resolution No. 2970 in July, 2005 which granted Preliminary Plat and PUD approval to divide 9.45 acres on Pine Road, located approximately 200 feet south of Roswell Drive. The applicant has met all ofthe conditions of the Preliminary Plat and PUD and therefore the City Engineer and Community Development Director are recommending approval of the Final Plat and PUD. ATTACHMENTS: (1) Proposed Resolution No..3od1granting Final Plat and PUD approval (2) Staff Memorandum with Preliminary Plat and PUD approval Resolution 2970 :FISCAL IMPACTS (Include Budgeted Amount): None APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: JRl&:COMMENDED MOTION: Move to pass Resolutio No. ~ approving the Final Plat and PUD for Brandywine and authorizing the City Council President to sign the mylar. FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: I CONSENT AGENDA 0 I pH COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action RESOLUTION NO. 3o~ \ A RESOLUTION of the City Council of the City of Bremerton, Washington, approving the Brandywine Final Plat and Planned Unit Development (File No. BP06-00188). WHEREAS, on July 6, 2005, the City Council passed Resolution No. 2970 granting preliminary approval to Brandywine to divide 9.45 acres into 70 lots; and WHEREAS, all conditions set forth in the preliminary approval have been met and final plat and planned unit approval is requested; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The final plat for Brandywine is hereby approved. SECTION 2. The City Council President is hereby authorized to sign the Mylar. SECTION 3. Severa b ilitv. If anyone or more sections, subsections, or sentence 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 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 _ ,2007. Council President APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney P AULA JOHNSTON, City Clerk R:\Legal\Legal\Resolutions\Community Development\Brandywine Final Plat and PUD Resolution.doc I I I 1 Brandywine Final Plat and PUD MEMORANDUM : II'!~' (:lIT y.' ()f. . ! lit:. j .\ lij:~EM~RTON Department of Community Development 345 6th Street, Suite 600 * Bremerton, WA 98337-1873 Phone: (360) 473-5275 Fax.' (360) 473-5278 - DATE: January 3,2007 TO: BREMERTON CITY COUNCIL FROM: Nicole Ward, Current Planner SUBJECT: BRANDYWINE FINAL PLAT AND PUD (BP06 00188) The City Council granted approval to the Preliminary Plat and Planned Unit Development (PUD) for Brandywine by Resolution No. 2970 on July 6, 2005 (Attachment I). In granting its approval, the City Council found that the application satisfied the criteria for a Preliminary Plat and PUD was consistent with the Comprehensive Plan, and conformed to all applicable City development regulations, minimum standards and design guidelines. The next step in project approval'is the passage of a resolution to grant Final Plat and PUD approval. Pursuant to Section 58.17.170 RCW, final plat approval requires findings of compliance to all terms of the preliminary plat approval, and that said plat meets all local and state laws and ordinances. The preliminary plat approval included 29 conditions necessary for final approval. The City staff reviewed the final plat and found it in compliance with all requirements. The City Engineer and the Community Development Directors' signature on the mylar drawing containing the final plat attest to this review for compliance. Should the City Council agree with the staff's review, it is recommended that the Council authorize the City Council President to sign the mylar containing the final plat so that it may be recorded with the Kitsap County Auditor's office. The City Council will grant approval for the Council President to sign the Mylar by passing the proposed ordinance attached to this agenda bill. If you have any questions, contact me at 473-5279. Attachment 11 RESOLUTION NO. a <11 0 A RESOLUTION of the City Council of the City of Bremerton, Washington, approving the preliminary Brandywine Planned Unit Development and plat (file No. BP04-00404). WHEREAS, the City received a preliminary Planned Unit Development and plat application for "Brandywine PUD" from Jerry Clark: and WHEREAS, on June 13, 2005 the City Administrative Hearing Examiner held an open-record hearing on the application pursuant to BMC 21.02.855; and WHEREAS, The City's Administrative Hearing Examiner has submitted recommended findings to the City Council; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council hereby approve and adopts the findings, conclusions and recommendation of the Administrative Hearing Examiner attached as Exhibit "A" and approve the preliminary Planned Unit Development and plat for "Brandywine PUD" (File No. BP04-00404) subject to the proposed conditions contained in Exhibit "A." SECTION 2. 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 ~ day of (fry ,2005. - nci} Presi dent APPROVED AS TO FORM: ATTEST: 1 Preliminary Brandywine PUD and Plat Approval BEFORE THE HEARING EXAMINER FOR THE CITY OF BREMERTON In the Matter of the Application of NO. BP04-00404 Jerry Clark The Brandywine Co. ) ) ) ) ) ) ) Brandywine PUD For Approval of a Subdivision and Planned Unit Development FINDINGS, CONCLUSIONS AND RECOMMENDA nON SUMMARY OF RECOMMENDATION The Hearing Examiner recommends to the Bremerton City Council that the request for approval ofa Preliminary Plat and Planned Unit Development (PUD) to subdivide 9.45 acres ofland into 70 individual lots for detached single-family residential development, three open space tracts, a tot lot, a covered sp0l1s court, and guest parking, to be located on the east side of Pine Road, approximately 200 feet south of Roswell Road, be GRANTED, with conditions. SUMMARY OF RECORD' Request Jerry Clark of The Brandywine Co. (Applicant) requests approval of a Preliminary Plat and a PUD to subdivide 9.45 acres ofland into 70 individual lots for detached single-family residential development, three open space tracts, a tot lot, a covered sports court, and guest parking. The development would be located on the east side of Pine Road, approximately 200 feet south of Roswell Road. Hearing Date The Hearing Examiner for the City of Bremerton held an open record hearing on the matter on Jtme 13, 2005. Testimonv The following individuals presented testimony under oath at the open record hearing: 1. Mr. Robert Grumbach, City of Bremer ton Plat mer 2. William Palmer, Applicant Representative 3. Paul Wandling, City of Bremerton Public Works 4. Robert Farmer 5. Deborah Marangi 6. Saundra Dominguez Exhibits The following exhibits were admitted into the record at the open record hearing: 1. Department of Community Development Staff Report, with the following attachments: Findings. Conclusions. and Recommendation City of Bremerton Hearing Examiner Brandywine PUD. No. BP04-00404 page I of 17 EXHIBIT A a. Application b. SEP A Determination of Non-Significance c. Comprehensive Plan Map d. Ordinance 4922 Annexation e. History of Application Correspondence f. Residential Structure Drawings g. Neighborhood Meeting h. Bald Eagle Nest Determination 1. Traffic Study J. Water and Sewer availability letter k. Preliminary storm drainage report 1. City Comments m. State and local agency comments n. Public Comments o. Legal Notices 2. PUD Site Plan and Landscaping Plan 3. Preliminary Roadway and Drainage Plan 4. The City's PowerPoint Presentation Slides Upon consideration of the testimony and exhibits admitted at the open record hearing, the Hearing Examiner enters the following Findings, Conclusions and Recommendation: FINDINGS 1. The Applicant requests approval of a Preliminary Plat and a PUD to subdivide 9.45 acres of land into 70 individual lots for detached single-family residential development, three open space tracts, a tot lot, a covered sports court, and guest parking. The subject property consists of three parcels located on the east side of Pine Road, approximately 200 feet south of Roswell Road. I Exhibit 1. Stc~ff Report. page I;Exhibit 1. Attachment a, Application. 2. The vacant subject property is relatively flat and densely vegetated with trees, including several significant trees at least two feet in diameter, shrubs, and grasses. There are no critical areas identified on site. Exhibit 4. Slide 3; Exhibit 1, pages 1-2. Most of the perimeter of the site is fenced. The site is surrounded with single-family residential uses. To the south, the residential development includes a manufactured home park. Between the site and the manufactured home park is a 30-foot wide City utility easement. Exhibit 1. page 2,' Exhibit 4. Slides 4 - 7; Exhibit 1, Attachment a. Application; Testimony of Mr. Palmer. 3. The City of Brenierton updated its Comprehensive Plan in December 2004 by Ordinance 4917. The Comprehensive Plan goals and policies applicable to the proposal include the following: 1 The subject property is known as tax parcel numbers 3962-000-018-0000, 3962-000-019-0009, and 3962-000-020- 0006. Exhibit I, page I. The full legal description of the site is found on page 2 of the City's Staff Report. Findings, Conclusions, and Recommendation City of Bremerton Hearing Examiner Brandywine PUD. No. BP04-00404 page 2 of 17 Land Use Element . Goal LUI: "Identify and enhance distinctive neighborhoods, communities, and Centers throughout the City." Policy LUIK: "Promote neighborhoods which/oster interaction among residents, contribute to well-being of citizenry. and create and sustain a sense of community and personal safety." . Goal LU3: "Create an environment that will promote growth." Policy LU3E: "Provide development incentives andflexibility within the Zoning Code to encourage desirable design elements withflexibilities within the Zoning Code provisions for all new development and redevelopment. " Housing Element . Goal: H3: "Provide a variety of housing types and densities to meet changing needs of Bremerton residents." Policy H3C: "Stimulate the productionfnew housingfor all incomes, ages. andfamily types. " . Goal: H6: "Build strong, cohesive neighborhoods with a mqjority of Bremer ton households owning their own homes." . Policy H6A: "Increase the opportunities/or home ownership within the City 0/ Bremerton. ., . Goal: H7: "Promote safe, attractive, livable neighborhoods that will attract homeowners. " . Goal: H8: "Promote social interaction as well as neighborhood identity and initiatives." Policy H8C: "Encourage walk-ability within neighborhoods." Transportation Element . Goal: TRS: "Recognize the importance of easily accessible, attractive and well dispersed parking as a valuable community asset." Policy TR5A: "Implement parking ratios that reflect the least amount of spaces required for development approval, where transportation options other than the automobile are available to serve travel needs. " Policy TR5B: "Require landscaping along the edge of parking areas to reduce visual impact and aid in filtration of runoff Findings, Conclusions, and Recommendation City of Bremerton Hearing Examiner Brandywine PUD. No. BP04-00404 page 3 of 17 City Services Element . Goal: CS6: "Ensure adequate funding for public facilities and services for existing development and new growth." Policy CS6D: "Recognize responsibility ojthe development community in providingfor the impacts of new growth. " . Goal: CS 15: "Enhance and enforce standards for infrastructure and utilities, especially in residential areas." Policy CS 15A: "Emphasize conformity of design within sub-areas of the City. especially neighborhoods. " . Improve sidewalks throughout the City. especially accessibility features. . Goal: CSI6: "Promote open spaces and 'green spaces' for everyone's enjoyment." Policy CS 16A: "Realize recreational needs in open .space planning." 4. The City received the application, originally a subdivision only, on October 20,2004. The City notified the Applicant that the northern two-thirds of the site would have to be annexed prior to processing of the application. The southern one-third of the subject property had a zoning designation of Medium Density Residential (MF), which allows a density of eight to 18 units per acre. The City Council annexed the northern 6.14 acres of the subject property by Ordinance 4922, effective January 10,2005. Upon mmexation, the Comprehensive Plan designation for the annexed portion of the site was Low Density Residential and the zoning designation was Residential- Low Density (SF - 3). The Applicant's original proposal was not consistent with the zoning designation of the annexed area. The Applicant revised the proposal and submitted an application for Planned Unit Development on February 9, 2005. Both applications were processed and finally deemed cOmplete on April 21, 2005. Exhibit 1. page 5: Exhibit 1. Attachment c. Comprehensive Plan map; Testimony of Mr. Grumbach. 5. The intent of the SF - 3 zoning district is to provide areas of single-family housing of up to eight units per acre in urban subdivisions. The smaller lot sizes of this zone are intended to enhance affordability. The intent of the MF zoning district is provide multiple unit dwellings at the medium density level of eight to 18 units per acre. The housing types allowed in the MF district include clustered single-family detached units, garden and larger apartments, condominiums, and associated accessory uses. Bremerton Municipal Code (BMC) 21.02.120. 6. PUDs allow flexibility in development standards, such as lot sizes and setbacks, to promote the efficient use ofland and to allow variety and diversity in available housing and to preserve open spaces. BMC 21.02.340. Through the PUD process, exceptions to the lot requirements of the underlying zoning district, including modifications to lot size, setbacks, height and other similar requirements may be granted. An approved PUD creates a limitation Findings, Conclusions, and Recommendation City of Bremerton Hearing Examiner Brandywine PUD, No. BP04-00404 page 4 of 17 on the use and design of the site to only those uses, designs and standards that are specifically included in the PUD. Such limitations shall remain in effect until the PUD is constructed, or until its approval expires in which case the previous zoning automatically returns. BMC 21.02.460. 7. In Bremerton, a PUD may be developed with any use that is allowed in the underlying zoning district. There may be a composite of two or more zoning districts within a PUD. Allowable uses, including buildings, lots, accessory structures, off-street parking areas, and open space may be located without reference to boundaries of the underlying zoning district in accordance with an approved site plan. BMC 21.02.470 (a) and (b). 8. Allowed density within PUDs is detelmined by the amount of open space provided by the project. PUDs in the SF - 3 district that provide 15% of site area as open space are allowed a maXimum density of eight units per acre. PUDs in the MF district with 15% open space are allowed a maximum density of 18 units per acre. BMC 2J.02.470(e). The maximum permitted density within the proposed PUD would be 109 units.2 The Applicant proposes 70 units, which is a density of 7.4 units per acre. The proposed density is consistent with both underlying zoning districts. Exhibit 1. page 6: Testimony oIMr. Grumbach. 9. Bremerton does not require specific dimensional standards for lots within a POO. The proposed lots range from 3,120 to 4,410 square feet. Structures will cover an average of 54 to 60 percent of residential lot area. In Bremerton, Jots are required to have 20 feet of frontage on a street. BMC 21.02.070. The majority of the proposed lots have 40 to 54 feet of frontage. Lots 44 and 45 have.only ten feet of frontage, and Lots 46 and 47 have 15 and seven feet of frontage respectively. The reduced frontage is allowed under the P'UDs flexible design process. Community Development staff testified that the proposed lot dimensions and street frontages are acceptable under the PUD process. Exhibit 2, Site Plan: Exhibit 4, Slide 9; Testimony of Mr. Grumbach: Exhibit 1, page 12. 10. The conceptual drawings submitted by the Applicant to depict anticipated building appearance show three different facades, each with varied gabled roof lines and garage presentations. The proposed designs are similar in appearance to existing single-family development in the area. Exhibit 4. Slide 10: Testimony olMr. Grumbach; Exhibit 1, Attachment.(.. Conceptual Drawings. 11. Units within PUDs are required to maintain a setback from the exterior perimeter of the project. For buildings that are 26-35 feet tall, structures must be set back 25 feet from the front lot line, and 15 feet from the rear and side lot lines. The side and rear setbacks may be reduced to ten feet if the structure height is limited to 25 feet. BMC 21.02.490. 26.14acresat8unitsperacre=49.12. 3.31 acres at 18 units per acre = 59.58. Total units allowed = 108.7. The BMC allows fractions ending in .66 or greater to be rounded up. BMC 21.02.260. Findings. Conclusions. and Recommendation I City of Bremerton Hearing Examiner I I Brandywine PUD, No. BP04-00404 page 5 of 17 12. Building heights are measured from the highest adjoining sidewalk or ground surface. BMC 21.02.220. While the residential structure height proposed on the application is 35 feet, the structures proposed on the site plan would measure 26 feet from the highest adjoining sidewalk or ground surface to the tallest point on the structure. Thus, the proposed residences are 26 feet tall for the purposes of calculating height under the zoning code. Exhibit 1, page 7: Testimony of Mr. Grumbach: Exhibit 1. Attachment a, Application. 13. Non-perimeter structure heights in the SF-3 district are limited to 30 feet and in the MF district are limited to 40 feet. BMC 21. 02.130. The proposed 26-foot heights of the residential structures would be consistent with these standards. No height is specified for the proposed sports court building, a maximum height of 40-feet, consistent with the MF district, would be compatible with other uses in the vicinity, given the facility's central location within the development. Exhibit 1. page 8: Testimony of Mr. Grumbach. 14. Per the proposed site plan, Lots 5 through 19,45,46,54, and 64 would comply with the perimeter setbacks if the height on those portions of the structures within the 15-foot setback is limited to 25 feet. Exhibit 1. page 7; RMe 2l.02.490(b)(3). A condition of approval is necessary to ensure that Lots 5 through 19,45,46,54, and 64 comply with the perimeter setback height limitations. Testimony of Mr. Grumbach: E~hibit 1. page 7. 15. All streets and parking areas shall contribute to the overall aesthetic design of the PUD, while minimizing traffic congestion and the amount of impervious surface area. BMC 21. 02. 490(e)(4). The proposed street grid would provide an orderly and attractive design and promote etlicient traffic patterns. The Applicant has proposed reduced garage setbacks for the purpose of reducing driveway surface, minimizing impervious surface area, Community Development staff testified that the proposed structure design would be an attractive addition to the existing neighborhood. Exhibit 1. pages:15. 19. 16. PUDs must set aside a minimum of 15% of the! total site area as common open space. At least two-thirds of the common open space mu$t be suitable for active recreational purposes. The required open space may be reduced by no; more than twenty-five percent (25%) if the project includes a recreational building, swimming pool, or similar facility that will better address the recreational needs of the residents without significantly detracting from the project's appearance or environmental quality. BMC 21.02. 490(d). 17. At 9.45 acres, the proposed PUD is required to set aside 1.41 acres of common open space. The Applicant proposes to provide a tot lot and an enclosed sports court building in Tract A. The Community Development Director determined that the proposed amenities qualify the project for a 25% reduction in common open space area. Therefore, the total required open space area would be 1.07 acres. . The Applicant proposes a total of 1.36 acres of common open space, exceeding the amount required. All of the open space proposed is suitable for active recreational use. Exhibit 1. pages 8 - 9: Exhibit 2. Site Plan: Testimony of Mr. Grumbach. Findings, Conclusions. and Recommendation City of Bremer ton Hearing Examiner Brandywine PUD. No. RP04-00404 page 6 of 17 18. PUDs are required to retain or install one street tree per every 25 lineal feet of property street frontage. BMC 21.02. 700(a)(1)(iii). The subject property has 617 feet of frontage on Pine Road, requiring a total of 25 street trees. The Applicant has proposed 14 street trees. A condition of approval is necessary to ensure that the street tree requirements are satisfied. Exhibit 2, Landscape Plan: Exhibit 1. page 10:. Testimony of Mr. Grumbach. 19. PUDs are required to retain existing natural vegetation to "the greatest extent possible." BMC 21. 02. 340(c). The Applicant proposes to retain 32 significant trees at least two feet in diameter within the project, indicated on the plat map, and additional existing vegetation along the north and east bOlmdaries. The Applicant noted that retention of significant trees presents a marketing advantage. Community Development staff testified that the proposed retained vegetation satisfies the code's requirement. Exhibit 1. page 10; Exhibit 2, Landscape Plan: Testimony of Mr. Grumbach: Testimony of Mr. Palmer. 20. The project would be c01mected to the City's water and sewer utilities. The City's public water and sewer service have capacity to serve the project. Existing water and sewer mains would be extended to and through the site to each lot. Exhibit 1. Attachment j. 21. The Applicant proposes to collect and direct stormwater runoff from roads, houses, and driveways through curbs and gutters and underground conveyance to a detention and treatment pond located along the site's southern boundary in Tract E. An erosion control plan conforming to City of Bremerton Drainage Manual and the Stormwater Management Manual for the Puget Sound Basin utilizing best management practices for removal of sediment and other contaminants would be required. Exhibit 2. Site Plan,' Exhibit 1. Attachment k. 22. The site takes access by a single entrance on Pine Road, which is classified as a Collector Arterial. The three-lane access point will promote efficient circulation and traffic safety by reducing congestion. When completely built out, Pine Road will have a 75-foot right-of- way. Required frontage improvements for the project would include a five-foot sidewalk, a six-foot planter strip, curb & gutter, a five-foot wide bike lane, 12-foot wide travel lanes, and other improvements. A 7.5-foot public easement along the site's frontage would be recorded and would contain the required sidewalk and utilities along Pine Road. Exhibit 2, Site Plan; Exhibit 1, page 13. The required frontage improvements must be installed or bonded prior to final plat approval. The Applicant would be required to install the sidewalk along the Pine Road frontage prior to any building permit issuance. Testimony o.fMr. Grumbach. 23. The lots would take access from a new private internal road system, which would be maintained by the lot owners. The proposed internal road was designed to Local Access Two Way street standards, including sidewalks on both sides, an eight-foot wide on-street parking lane on one side, two travel lanes ten-feet wide each, curb & gutter on both sides, and a five- foot utility easement on both sides. The requirement for a planter ship was administratively waived. The City Engineer approved the proposed road design. Exhibit 1, pages 14 - 15: Exhibit 1, Attachment I, May 19. 2005 letterfrom Public Works. Findings. Conclusions. and Recommendation City of Bremerton Hearing Examiner Brandywine PUD, No. BP04-00404 page 7 of 17 24. Lots 44 and 45 are accessed by a Shared Driveway Access located between Lot 20 and the east plat boundary. Standards for Shared Driveway Access require two nine-foot wide lanes. The Applicant's proposed IS-foot wide road with a five-foot sidewalk does not satisfy the standards for a Shared Driveway Access. A condition of approval is necessary to ensure the site plan is revised to bring the proposed access into compliance with required standards. Exhibit 1, page 14: Testimony of Mr. Grumbach. 25. The portion of the internal Local Access road providing access to Lots 46,47, and 50 - 58 has a dead end. The length of the road from the intersection to Lots 50-58 is approximately 170 feet, and the length to Lots 46-47 is approximately 285 feet. The City's Engineering standards require a hammerhead turnaround for dead ends roads that are 150 to 200 feet in length and cul-de-sacs for dead ends roads greater than 200 feet long. The City Engineer approved a deviation from these standards and approved the proposed hammerhead turnaround serving all of the lots in question. Exhibit 1. page 14: Testimony afMr. Grumbach. 26. Vehicle maneuvering areas other than access driveways are not allowed to be located in the perimeter setback of PUDs that are within or abutting residential districts. BMC 21. 02. 490(e)(5). Portions of the road end adjacent to Lot 19 and the hammerhead turnaround adjacent to Lot 54 are proposed to be located within the perimeter setback. A condition of approval is necessary to ensure that the Applicant revises the road system to comply with perimeter setback requirements. Exhibit 1, page 14: Testimony of Mr. Grumbach. 27. The proposed internal road system was reviewed and approved by the Fire Marshall. Exhibit 1, page 14; Exhibit I, Attachment 1. The Applicant would be required to install fire hydrants consistent with the International Fire Code so that there is no portion of any structure on-site that is greater than 300-feet from a hydrant. Exhibit 1. page 16. 28. Street signs and street lighting must be installed consistent with City standards. The final lighting plan and street signage must be reviewed and approved by the City Engineer. Exhibit 1. page 16. 29. The Applicant submitted a traffic impact analysis prepared by Heath & Associates in September 2004. Currently, fairly heavy evening peak hour traffic volumes exist on Wheaton Way. Pedestrian and bicycle traffic in the vicinity is generally "mild." The study projected that the PUD would generate an average weekday volume of 749 new vehicle trips, including 78 PM peak hour trips. This increase in traffic volume is characterized by the traffic study as a "moderate" increase and is not anticipated to create major increases in delay for the key intersection approaches. The most significant impacts are expected at the intersection of Pine Road and Sylvan Avenue, which is projected to go from a Level of Service (LOS) B to LOS C. Bremerton does not have a concurrency ordinance that would require mitigation of such impacts. No off-site mitigation is proposed. Exhibit 1, page 13; Exhibit 1. Attachment i. Findings, Conclusions, and Recommendation City of Bremer ton Hearing Examiner Brandywine PUD, No. BP04-00404 page 8 of 17 30. Off-street parking must be provided at a rate of two spaces per lot. BMC 2J.02.670(a). The Applicant has proposed two off-street parking spaces per unit. Exhibit J, page J 2. The Applicant proposes an additional 34 on-street guest parking spaces on the internal road that are designed to slow traffic yet not interfere with pedestrian circulation. Exhibit 2,Site Plan; Exhibit 1. page 15. 31. No parking or maneuvering areas, other than access driveways, are allowed within a PUD perimeter setback when the development is within or abutting any residential zoning district. BMC 21.02.490(e}(5). The two parking spaces located between Lots 63 and 64 and the three parking spaces located between Lots 4 and 5 must be removed from or relocated on the site plan. Community Development staff requested a condition of approval requiring the Applicant to revise the site plan to so that no guest parking spaces is provided within the perimeter setback. Exhibit 1, page 12: Testimony of Mr. Grumbach. The Applicant objected to this request. The Applicant argued that the proposed guest parking spaces within the perimeter setback between Lots 4 and 5 do not abut a residential district, but rather a public street and need not be removed to comply with the code. Testimony of Mr. Palmer. Community Development staff requested an interpretation of the code provision found at BMC 21. 02. 490(e)(5), which is addressed in the Conclusions below. 32. A pedestrian circulation system must be designed to assure that pedestrians can move safely and conveniently both on the site and between the site and nearby properties and activities, as appropriate. BMC 21. 02. 490(e)(3). The Applicant proposes to provide for pedestrian circulation by providing the internal road system with sidewalks that connect to public sidewalks on Pine Road. Utility easements adjacent to the site could also provide pedestrian circulation, but are not proposed for such by the Applicant. Some neighbors have expressed concerns about pedestrian use of the utility corridor, and this proposed plat does not propose that but merely makes the option available should the City Council decide to open utility corridors to pedestrian access in the future. Exhibit 2. Site Plan: Exhibit 1, page 15: Testimony of Mr. Palmer. 33. The PUD would be served by public transit service on Pine Road by Kitsap Transit Routes 17 and 23. There is a bus stop on Pine Road along the property frontage. Exhibit 1, page 13. 34. The City of Breme110n Department of Community Development submitted the proposal to other City depm1ments, as well as appropriate state and county agencies, for review and comment. The Department of Public Works & Utilities submitted extensive comments dated May 19,2005, addressing road improvements~ stormwater plans~ water and sewer availability; and street lighting. The recommendations of the Public Works staff and other City review agencies were incorporated into the recommended conditions of approval. Exhibit l,Attachment I: Testimony of Mr. Grumbach. Kitsap County Health District submitted comments concerning the types of soils the Applicant would use for fill material. The Washington State Department of Natural Resources noted that a Forest Practices Application would be required. Exhibit 1. Attachment m. Findings, Conclusions. and Recommendation City of Bremerton Hearing Examiner Brandywine PUD. No. BP04-00404 page 9 of 17 35. School aged children would be bussed to area schools. The entrance to the plat provides adequate space for a safe and convenient bus stop location. The City submitted the application materials to the Bremerton School District for review and comment. The District did not comment on the proposal? The Applicant is encouraged to contact the School District to develop an appropriate location and specifications for a school bus stop to serve the children of the plat. Exhibit 1. page 13: Testimony of Mr. Palmer: Testimony of Mr. Grumbach. 36. The City received two public comment letters before the hearing. The letters addressed public concerns regarding the following: possible retention of a green belt or other improvements between the project and Hanford Avenue; possible fence around the PUD; increased traffic; guest parking, noise; and runoff. Exhibit 1, Attachment n. 37. The City of Bremerton was designated lead agency for review of environmental impacts caused by the proposal. The City considered an environmental checklist and the requirements of City ordinances prior to issuance of its threshold determination. The City Responsible Official determined that project would not have probable significant adverse environmental impacts and issued a Determination of Non-Significance (DNS) on May 26, 2005.4 No appeal was filed. Exhibit 1. Attachment b, SEPA DNS. 38. Adequate notice of the public hearing and the SEPA DNS were mailed to neighboring land owners, posted, and published in The Sun in accordance with City of Bremerton notice requirements (BMC 21.02.895). Exhibit 1. Attachment 0, Legal Notice Affidavits. Public comment at the public hearing expressed concern about traffic impacts on Pine Road, the need for a school bus stop location, pedestrian circulation, traffic impacts on Hanford Avenue, potential critical areas on site, the need for significant tree retention, and potential access from the project to Hanford A venue. Testimony of Mr. Farmer; Testimony of Ms. Marangi; Testimony of Ms. Dominguez. CONCLUSIONS Jurisdiction Pursuant to Sections 2.13.070,2.13.080 and 21.02.855 of the Bremerton Municipal Code (BMe), the Hearing Examin'er of the City of Bremerton has jurisdiction to hold open record pre- decision Hearing on Preliminary Plat and PUD applications and recommend action to the City Council. The recommendation may be to approve, approve with conditions, or deny the application. BAle 2.13.110. 3 Because the School District did not submit any comments on the application for 70 residential lots. it is assumed the District has no concerns about capacity of its facilities to handle the anticipated new students. nor about safe walking conditions to and from schools or bus stops. 4 The DNS contains seven conditions of approval; however, Community Development staff testified that it is not a mitigated detennination of non-significance in that the are "courtesy" or "notice" conditions. They do not directly address impacts anticipated specifically from the proposed development, but rather are included to ensure the Applicant is aware of requirements that remain in effect despite a threshold determination of non-significance. Testimony of Mr. Grwnbach. Findings, Conclusions, and Recommendation City of Bremerton Hearing Examiner Brandywine PUD, No. BP04-00404 (' page 10 of 17 Criteria for Review - Preliminary Plat The criteria for approval of a Preliminary Plat are found in Chapter 58.17 of the Revised Code of Washington.5 Pursuant to RCW 58.17.110(2), a Preliminary Plat application may not be approved unless: (a) appropriate provisions are made for the public health, safety, and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and schoolgrounds 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 (b) the public use and interest will be served by the platting of such subdivision and dedication. Criteria for Review -- Planned Unit Development BMC Section 21.02.480 requires a PUD to conform to the following general criteria: (a) The location, design, and uses of the PUD shall be consistent with the Comprehensive Plan, Bremerton Shoreline Management Program, and with other applicable plans and ordinances adopted by the City. (b) The PUD shall be integrated with its surroundings and designed to harmonize with existing or proposed development in the neighborhood. In the case of a departure in character from the surrounding land uses, the scale, intensity and design shall adequately reduce the impact of the development in such a way that the project will not be detrimental to the neighborhood. (c) The traffic generated by the PUD shall be accommodated safely and within the adopted Levels of Service for affected streets. (d) All development will be adequately served by existing or planned facilities and services. (e) The PUD will result in an attractive, healthful, efficient and stable environment for living, shopping, working, and leisure activities. (0 The development plan shall make adequate and appropriate provision for the preservation of the environment, both natural and man-made, and the conservation of energy. 5 As ofthe date of this application, the City had not enacted a subdivision ordinance. Testimony orMr. Grumbach. Findings, Conclusions. and Recommendation City of Bremerton Hearing Examiner . Brandywine PUD, No. BP04-00404 page 11 of 17 Conclusions Based on Findings The conclusions below address: (1) the request to review the parking plan proposed by the Applicant and (2) the consistency of the plat with the criteria for approval established by the Washington Legislature in Chapter 58.17 of the Revised Code of Washington and (3) the consistency ofthe PUD with the criteria for approval established by the City Council in Chapter 21.02 of the Bremerton Municipal Code. - 1. Response to Request for Code Intervretation The Hearing Examiner was asked to interpret the provisions concerning parking spaces within a PUD perimeter setback found at BMC 21.02.490(e)(5), which states: No parking or maneuvering areas, other than access driveways, shall be allowed within the PUD's perimeter setbacks when the development is within or abutting any residential zoning district. The Applicant argues that the three parking spaces within the perimeter setback between Lots 4 and 5 need not be eliminated because the spaces do not abut a residential district. The rules of statutory construction used by courts apply to municipal ordinances. When an ordinance is unambiguous, construction is not necessary and the plain meaning controls. When the ordinance is ambiguous, the agency's interpretation is accorded great deference in determining legislative intent. Absent ambiguity there is no need for the agency's expertise. Faben Point Neighbors v. City of Mercer Island. 102 Wash.App. 775, 778 (2000). The "agency" in this case is the City Community Development Department. In the present case, the language of the ordinance is not ambiguous and does not need to be interpreted. The plain language ofBMC 21.02.490(e)(5) indicates that the location of the development as a whole, rather than the location of the contested parking spaces, is examined to determine whether parking may be provided within the perimeter setback. The subject property is within a residential district and surrounded on all sides by residential zoning. The five guest parking spaces within the perimeter setback must be removed or relocated within the site plan. Because there is no guest parking requirement, the change does not otherwise impact the application. The Applicant must submit a revised site plan that shows no parking within the perimeter setback. It may be that some residents begin park in these areas, but they may not be officially designated as parking spaces. 2. Preliminarv Plat 1. With conditions, appropriate provision will be made for the public health, safety and general welfare and for all other relevant facts. Water and sewer service will be made available to each lot. The Applicant will preserve existing vegetation to the greatest extent possible, including the retention of at least 32 significant trees and other existing vegetation along the site's north and east boundaries. As conditioned, the proposed structures comply with all applicable zoning and PUD requirements for dimension. Conditions of approval will ensure that no portion of any structure within the perimeter setback exceeds 25-feet in height. The project will generate moderate traffic and will not significantly impact the surrounding Findings, Conclusions, and Recommendation City of Bremerton Hearing Examiner Brandywine PUD. No. BP04-00404 page 12 of 17 transportation system. The City conducted environmental review of the proposal and determined that, with conditions, it would not result in significant adverse environmental impacts. Conditions of approval will ensure that frontage improvements are installed; that the internal private road is designed and built consistent with City road standards; that the access point is designed to avoid congestion by providing one ingress and two egress lanes; and that the concerns of the public works department are addressed. The School District did not submit comments indicating the development would have adverse impacts on schools and no mitigation is required for school impacts. No mitigation beyond bringing the property's frontage on Pine Road up to City standards is required for the anticipated minimal traffic impacts. The public use and interest will be served by the creation of 70 single-family detached residences with ample open space and recreational facilities. Findings of Fact Nos. 2,4.8 -14, 16 - 18,20 - 27.29,31,32.33 - 35, and 37. 3. Planned Unit Development 1. As conditioned, the proposal is consistent with the Comprehensive Plan. Clustered low- density residential development that preserves significant open space is consistent with several goals and policies of the Comprehensive Plan. The project will provide affordable housing opportunities. The central recreational spaces and facilities will promote a sense of community and interaction between neighbors. The proposed development appears consistent with Bremerton's desire to continue to be a "most livable city". Findings afFacts Nos. 3 and 4. 2. The proposed PUD will be integrated with its surroundings and designed to harmonize with existing development in the neighborhood. The PUD will be consistent with single- family residential development in the area. Conditions of approval will ensure the perimeter setback is provided as required by the code, specifically regarding structure height abutting adjacent residential development. The design of the open space and recreational areas in the central area of the plat will ensure that the enclosed sports court does not have negative impacts on existing development in the area. Findings of Facts Nos. 2. 4 -"6, 11.14 -18.21, 27. 31, and 32. 3. The traffic generated by the PUD can be accommodated safely and within the adopted Levels of Service for affected streets. The proposed design of the plat entrance and the internal road network will provide safe travel conditions within the site. The project will generate only moderate traffic volume increases, which can be safely accommodated on the existing transportation system surrounding the project. The LOS at the most impacted intersection of Pine Road and Sylvan Avenue will not experience significant increase in delay. Findings of Facts Nos. 22 - 27 and 29. 4. The proposed development will be adequately served by existing or planned facilities and services. The subject property will connect to City ofBremerton sewer and water, which systems have the capacity to serve the project. Finding of Fact No. 20. 5. The pun will result in an attractive, healthful, efficient, and stable environment for living, shopping, working, and leisure activities. The PUD will provide active recreational Findings, Conclusions. and Recommendation City of Bremerton Hearing Examiner Brandywine PUD. No. BP04-00404 page 13 of 17 opportunities for all ages of residents. The common open space areas will encourage interaction amongst neighbors and promote a sense of community. No adverse environmental impacts will result from the project. Two public transit routes serve the site with a convenient bus stop location along the property frontage on Pine Road. Findings of Facts Nos. 8 -10. 15. 17. 18.23.27. and 32. 6. The development plan will make adequate and appropriate provision for the preservation of the environment, both natural and man-made, and the conservation of energy. Through retaining at least 32 significant trees and additional existing vegetation along the site's northern and eastern boundaries, as well as through thoughtful creation of landscaped common park areas, the project will provide adequate open space. The City determined the project would not result in probable significant adverse environmental impacts and issued a DNS. Findings of Facts Nos. 2, 8. 17, 18.21.34, and 37. RECOMMENDATION Based upon the preceding Findings and Conclusions, the Hearing Examiner recommends approval of a Preliminary Plat and PUD to subdivide 9.45 acres into 70 residential lots as described in the application (Exhibit 1. Attachment a. Application, and Exhibit 2, Site Plan), subject to the following conditions: 1. The PUD shall constitute a limitation on the use and design of the site to those uses, designs, and standards that are specifically included in the PUD. Such limitation shall remain in effect until thePUD is constructed or until the preliminary approval expires, in which case the previous zoning automatically returns. 2. Final plans for the tot lot and the covered sports court with barbequing facility shall be provided to the City and approved by the Director. The tot lot and covered spOtts court with barbequing facility shall be installed or bonded prior to final plat approval. 3. Lots 5 through 19,45,46, 54, and 64 shall be restricted to the maximum building height of 25 feet as measured by BMC Section 21.02.220. The height of structures on these lots may be increased to 30 feet for those portions of a structure that are setback 15 feet or more from the PUD perimeter setback line. This height restriction shall be recorded on the face of the final plat. 4. One street tree per twenty-five (25) lineal feet of street frontage shall be provided along Pine Road. The Applicant shall submit a revised landscaping for review and approval by the Community Development Director prior to final plat approval. . 5. The Applicant shall retain existing vegetation to the greatest extent possible. No fewer than 32 significant trees at least 24 inches in diameter shall be retained. The Director may approve minor modifications to the landscape plan if found necessary to allow for suitable development. Findings. Conclusions. and Recommendation City of Bremerton Hearing Examiner Brandywine PUD. No. BP04-00404 page 14 of 17 6. The required landscaping along Pine Road shall be installed or bonded prior to final plat approval. The remaining landscaping may be provided as the site is developed, but must be installed before building occupancy permits are issued. 7. An open space guarantee that ensures the retention of and provides for permanent maintenance of the open space is required per 'BMC Section 21.02.510 prior to final plat approval. The language of the open space guarantee shall be approved by the City and shown on the face of the final plat. 8. The Applicant shall submit a copy of the Washington Department of Natural Resources approval of a Forest Practice IV - General application to the Department of Community Development prior to any clearing activities on site. 9. A minimum of two off-street parking spaces per each dwelling unit shall be provided. This condition shall be indicated on the face ofthe final plat. to. Addresses for the individual lots shall be obtained from the Public Works department and shall be indicated on the final plat. 11. Street frontage improvements including curb, gutter, sidewalk and street lighting are required along Pine Road prior to final plat approval. Frontage improvements shall meet City engineering requirements for a Collector Arterial, BMC Title 11 and the City Engineer's comments. 12. Frontage improvements along Pine Road shall be installed or bonded for prior to final plat approval. The sidewalk along the Pine Road frontage shall be installed prior to building permit issuance. Right-of-way Permits from the City of Bremerton and Kitsap County Public Works Departments shall be approved prior to beginning construction. 13. The Applicant shall provide a 7.5-foot wide public easement for sidewalks and utilities adjacent to Pine Road. The easement shall be recorded on the face of the final plat. Language for the easement shall be approved by the City Public Works Department. 14. Private streets within the pun shall be developed according to City engineering standards for Local Access Streets, BMC Title 11 and the City Engineer's comments. The requirement for a planter strip along the internal plat road is waived. All street, curb, gutter, and sidewalk improvements shall be installed or bonded for prior to final plat approval. 15. The Applicant shall submit revised site plans that exclude all parking and vehicle maneuvering areas from the required perimeter setback. The three guest parking spaces located between Lots 4 and 5 and the two guest parking spaces located between Lots 63 and 64 shall be removed or relocated on the site plan outside of the perimeter setback. The portions of the road end adjacent to Lot 19 and the hammerhead turnarOlmd adjacent to Lot 54 shall likewise be removed from the perimeter setback. The final street plan shall be revised so that the Shared Driveway Access to Lots 44 and 45 shall be at least 20 feet wide. Findings, Conclusions. and Recommendation City of Bremer ton Hearing Examiner Brandywine PUD. No. BP04-00404 page 15 of 17 The City Engineer and the Community Development Director shall approve the revised street plans prior to final plat approval. 16. Streets within the PUD shall be identified by street signs, which shall be installed or bonded for prior to final plat approval. All street signs shall meet City standards as provided for in Engineer Standards 3251 through 3300. . 17. Street lighting consistent with the requirements of Title 11 of the Bremerton Municipal Code shall be provided along the PUD's interior private road system. The Applicant shall submit a final street lighting plan for review and approval by the City Engineer. Street lighting shall be installed or bonded for prior to final plat approval. 18. The Applicant shall submit a final storm drainage plan for review and approval by the City Engineer. The plan shall contain temporary erosion control measures consistent with the City of Bremerton Drainage Manual and the Storm water Management Manual for the Puget Sound Basin. All offsite storm water conveyance facilities shall be part of the public storm system and shall require a minimum 20-foot wide easement. The easement shall be shown on the face of the final plat. Storm drainage facilities shall be installed or bonded for prior to final plat approval. 19. Maintenance agreements for the street and storm drainage systems shall be recorded prior to final plat approval. Language for the agreement shall be approved by the City Engineer and recorded in a separate document or on the face of the final plat. 20. Water and sewer improvements shall be provided per the Conditional Water and Sewer Availability letter. Water and sewer mains shall be extended through the development to provide services to individual lots. All sewer and water improvements shall meet Department of Utilities Development and Construction Standards, APW AlDOT Specifications, A WW A Standards, and Title 15 of the Bremerton Municipal Code. All water and sewer improvements shall be reviewed and approved by the City Engineer and shall be installed or bonded for prior to final plat approval. 21. Fire hydrants with flows meeting International Fire Codes Appendix B & C shall be installed or bonded for prior to final plat approval. Location of the fire hydrants shall meet International Fire Code requirements and the Fire Marshall's comments. If bonding is used, the fire hydrants shall be installed prior to any construction above the foundation. 22. All conditions set forth in the May 26, 2005 Determination of Non-Significance (DNS) shall be included as conditions of final plat approval. 23. The Applicant shall pay in full all fees charged for the public hearing prior to the issuance of any permits for clearing or construction on the site and the submission of the final plat. 24. A final PUD and plat meeting RCW 58.17.160 (requirements for recording a plat), WAC 332-130 (minimum standards for recording a plat), applicable development standards and Findings. Conclusions. and Recommendation City of Bremerton Hearing Examiner Brandywine PUD. No. BP04-00404 page 16 of 17 conditions shall be submitted to the City for approval within two (2) years of the date of preliminary plat approval pursuant to BMC Section 2 I .02.520(a). 25. Two copies of the plat certificate shall be submitted with the application for final approval of the plat and PUD. 26. Six (6) copies of the PUD and plat (not Mylar) shall be submitted to the Department of Community Development for final compliance review. 27. The Applicant/Developer shall from a Homeowner's Association that will be responsible for maintenance of common areas such as the private roads, the park area, the covered sport court and other common items. 28. A copy of the recorded PUD and plat shall be provided to the Department of Community Development before building permits are issued. 29. The Applicant is encouraged to contact the School District to develop an appropriate location and specifications for a school bus stop. Decided this 2~ty of June 2005. <T~~~ Theodore Paul Hunter Hearing Examiner for the City of Bremerton Findings, Conclusions, and Recommendation . City of Bremerton Hearing Examiner Brandywine PUD. No. BP04-00404 page 17 of 17