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HomeMy WebLinkAbout10/15/2008 AGENDA r....-... .._-.. ~ ifiiiimlij. !t <1 ii 1'1 II ~.. II.l i! ~ jii !k <EOllC'~.-J!1 d''''II/~S~.I-' ".~~)I;jl; '\Ii~':\,=:~:,~~.~ CITY COUNCIL FILE 345 6th Street, Suite 600, Bremerton, WA 98337-1873 D (360) 473-5280 OCTOBER 15, 2008 CITY COUNCIL MEETING AGENDA 1. BRIEFING: 5:00 - 5:30 P.M. in COUNCIL CONFERENCE ROOM 603 A. General Council Business 2. CALL TO ORDER: 5:30 P.M. in FIRST FLOOR CHAMBERS A. Pledge of Allegiance B. Invocation 3. MAYOR'S REPORT 4. ANNOUNCEMENTS & PUBLIC RECOGNITION 5. CONSENT AGENDA A. Claims & Check Register (#AB08-215) B. Minutes of Meeting - September 17,2008 (#AB08-216) C. Minutes of Meeting - October 1, 2008 (#AB08-217) D. Minutes of Study Session - October 8, 2008 (#AB08-218) E. Contract with BREMERTON HOUSING AUTHORITY for Supplemental Police Services (#AB08-219) F. Award of Goods & Services Agreement to C. CRONAUER CONSTRUCTION for Gorst Creek Debris Removal on City Property (#AB08-220) 6. GENERAL BUSINESS A. Resolution No. 3070, approving an interlocal agreement with KITSAP COUNTY for the transfer of real property and authorizing the sale of the CENCOM property (#AB08-221) B. Ordinance No. 5060 amending Bremerton Municipal Code (BMC) Section 13.04.140 relating to the sale of beer and wine at OLYMPIC SOCCER & SPORTS CENTER in Pendergast Park (#AB08-222) 7. PUBLIC HEARINGS A. Ordinance No. 5061 vacating a portion of Carr Boulevard and reserving certain easements (#AB08-223) B. Ordinance No. 5062 adopting the 2008 Comprehensive Plan Amendment Docket (#AB08-224) C. Ordinance No. 5063 amending Bremerton Municipal Code (BMC) Section 20.40 "Definitions" and 20.58.060 "Residential Cluster Development" (#AB08-225) 8. COUNCIL MEMBER REPORTS 9. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING rI Americans with Disabilities Act (ADA) accommodations provided upon request. Those requiring speCial accommodations should contact the City Clerk's Office at (360) 473-5323 by noon on the Monday preceding the Council meeting. . - . . - ~-- ~1l>";}!i'.'r:;,f.i,~\'lf,"~'1!>"1';~~~'!-~'~':i1.f.~":~4~'''f.''-::ff~\~"1I'~Wii ., . . ~S!~~VJ~J1~~~~~~,:~~~~E~~~~::~~~~~~:~,~-.~~~~~.:_~1~;,~::~~;::.,~~".~~~ _~.;._~~._:j Mayor Cory Bozeman PROCLAMATION WHEREAS, the Bremerton High School Fashion Marketing Class has developed a 2008-2009 anti-swearing campaign entitled, "Dare Not To Swear!"; and WHEREAS, this campaign will encourage all Bremerton School District students (Kindergarten to High School) to reduce verbal abuse, intimidation, harassment, and bullying; and WHEREAS, district students will encourage other to project a respectful, responsible, and safe attitude in the classroom, on the playground cafeteria and after school events; and WHEREAS, the ultimate goal of the "Dare Not To Swear!" project is to present the Bremerton School District as the first "Swear Free" school district in the State of Washington and The United States of America; and WHEREAS, the goal of the project will be met with partnerships of local Bremerton merchants who will support, promote, participate in "Dare Not To Swear!" activities; and WHEREAS, the desire to build a more positive community spirit and a safer community. NOW, THEREFORE, I, Cary Bozeman, Mayor for the City of Bremerton, do hereby proclaim Dare Not To Swear for the 2008-2009 Bremerton School Year SIGNED this 15th day of October, 2008. e~ \ Cary Bozeman, Mayor City of Bremerton COUNCIL MEETING SPEAKERS LIST PLEASE PRINT YOUR NAME BELOW IF YOU WISH YOUR COMMENTS TO BE INCLUDED IN THE RECORD .~~- c./M12- &~0 'YVM- C-L/\ y'fO.tJ ,JIJ. ('O(.OJ /d(..rL 5rro ' LI'tld /I( A R I< {..' ~ I'N 0 it Or? OS:5 V (":::> 55 C- 0.55 c C Al2JR \ '" 2t C~_ lS/LyD, D5S-C-- ~A-RV<S ~ ~~~ ComM- C- es U) ~--J D ~ I 3 a o( t2 '1 CJ' () t 51-..t~ C01('r 61 Uti' / f ((J t <, /<.0' .?rVT 'f;(rV p,q I J/j; REQUESTS FOR INFORMATION MUST BE SUBMITTED IN WRITING TO THE CLERK L.f'/:.Vf;tN Wlt.-.../""~Y THANK YOU /70C (~6?rVlEt{) FlVvE DATE SUBMITIED: 10/15/2008 BILL # AGENDA BILL CITY OF BREMERTON CITY COUNCIL AB08-215 5" ..........................................................................................., SUBJECT: Committee Meeting Date: COUNCIL MEETING Date: October 15, 2008 Department: Financial Services Presenter: Cathy Johnson Phone: 473-5296 Claims & Check Register SUMMARY: Consent Agenda item. Approval of checks and electronic fund transfers. ATTACHMENTS: Check Register. FISCAL IMPACTS (Include Budgeted Amount): APPROVALS: DEP ARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: f11 / [:b COMMITTEE CHAIR COUNCIL PRESIDENT: 4~~/' CONSENT AGENDA ~ GENERAL BUSINESS 0 PUBLIC HEARING 0 RECOMMENDED MOTION: 1) Check #'s 327543 through 327914 and EFT's 8181 through 8219 in the amount of$2,625,219.53. 2) Regular Payroll for the pay period ending September 30, 2008 in the amount of $751,118.38. COUNCIL ACTION: [2] Approve 0 Deny 0 Table o Continue 0 No Action .\GE~nA BILL CITY OF BRE\IERTON ('ITY COL~CIL BILL :: H_~Z~_'~H~I~ S& I l\ II, Sl 'W'vlITTFD: ........................................................................................ SCB.JECT: City Council \-Iecting \lil1utcs ror mceting or 5e.p+e~ /7, YlJ'O Committee \lceting Dale: COl:NCIL :'v11.FTIN(i Date: Departmcnt: Presenter: \i,/A Oc-~~ ISf2coQ City Council Will Maupin, Counci I President (360) 473-5280 Phone: SUMMARY: Attached is a summary of the City Council Meeting held 5~ 17, 2.008. ATTACHMENTS: Meeting Minutes for $ ~.e.nJo-€4- 17, 2-00a FISCAL IMP ACTS (Include Budgeted Amount): N/ A APPROV ALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: Council President N/A N/A N/A COMMITTEE CHAIR COUNCIL PRESIDENT: .' / I ,~<;. ----711-_ y CONSENT AGENDA GENERAL BUSINESS D PUBLIC HEARING D RECO:\IMENDED :\'IOTION: :'vInyl' to approve the Consent Agenda as presented. ('OlfN('IL ACTION: D Approve 0 Deny 0 Table o ('ontlnue 0 No Action DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, September 17, 2008 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, of the NORM DICKS GOVERNMENT CENTER, 345 6th Street, Bremerton, Washington, Wednesday, September 17, 20.08, at 5:30 PM, with Council President Will Maupin presiding. Council Members present were Nick Wofford, Carol Arends, Dianne Robinson, Mike Shepherd, Roy Runyon, Adam Brockus, Cecil McConnell, and Brad Gehring. Also present were City Attorney Roger Lubovich; City Clerk Carol Etgen; and Legislative Assistant Lori Smith. The Pledge of Allegiance was led by Council Member Brad GehrinQ followed by the invocation provided by Pastor Art Speiqht of "Taking it to the Streets" Ministries and Cornerstone Alliance Fellowship. President Maupin announced that a Briefing Session to discuss General Council Business was held prior to the meeting. MA VOR'S REPORT · Presented a grim report on the current financial and economic status of the times; and emphasized that the City will have to be smart and make some tough choices to be fiscally responsible and to present a balanced budget, and the City must continue to focus on increasing revenue; · GreQ Wheeler presented donations raised during the Evergreen Park Centennial Celebration on Saturday, September 13th to the City's Parks & Recreation Department for the Playground Express Program. PUBLIC RECOGNITION & ANNOUNCEMENTS Roy Runyon invited the public to the 2nd Annual Oktoberfest that will be held on Saturday, October 4th on the Louis Mentor Boardwalk, and to call Bremerton Main Stream Association at (360) 377- 3041 for more information; and also announced the opening of a new bike shop in Bremerton, Seigler Sports located at 410 6th Street. Brad GehrinQ announced that the 2008 West Sound Safety & Health Expo would continue for one more day on Thursday, and would be held at the Kitsap Conference Center and on the Boardwalk. Phil Williams, Public Works Director, asked members of the public to send comments of support for the proposed Boardwalk Expansion Project by the close of business on September 22 to the U.S. Army Corps of Engineers Casev.H.Ehorn@usace.armv.mil; and to reference project number NWS-2008-737-S0 in the subject line of the email. Pastor Art Speiqht encouraged people to support "Operation Sleeping Bag", a ministry that assists the homeless by providing them sleeping bags during the fall and winter months. If anyone was interested in learning more, or to donate a sleeping bag, they may call (360) 689-3219. Steve Kreifels stated he was here on behalf of the Rose's, but was reacting to earlier comments made by the Mayor about the state of the City's finances. Melissa Grana expressed her concern about the tickets that she and others have been receiving for simply cruising on skateboards for transportation. President Maupin encouraged Ms. Grana to leave her phone number so that an officer could contact her to address her concerns [It was noticed after the meeting that Ms. Grana did not provide her contact information.. .] Alan Fricke reported on the Annual September 11 Memorial Ceremony held last Thursday at Evergreen Rotary Park, which he explained has been sponsored by Dave Raymond every year for the past 7 years. He also reported that a CD was provided to BKA T for broadcasting the photos documenting the event. City Council Reg. Mtg. Minutes Wednesday, September 17, 2008 Page 2 of 6 Kathleen Puis was upset about the removal of the organic gardens at the Pea Patch; and also felt the Parks Department has been negligent in taking care of Blueberry Park. CONSENT AGENDA A. Check Numbers 326961 through 327274; and EFT-8121 through EFT-8149 in the amount of $2,536,319.16; and Regular Payroll in the amount of $749,302.47 for the pay period ending August 31,2008 (#AB08-196) B. Minutes of Meeting - September 3,2008 (#AB08-197) C. Minutes of Study Session - September 10, 2008 (#AB08-198) D. Ordinance No. 5059, amending Ordinance No. 5053 to extend the effective date of the annexation of the South Kitsap Industrial Area (SKIA) North from October 1, 2008 to November 15,2008 if Boundary Review Board jurisdiction is not invoked (#AB08-199) E. Resolution No. 3069, establishing October 15, 2008 as a hearing date to vacate a portion of Carr Boulevard (#AB08-200) 06:09:30 M/S/C/U (Runyon/Robinson) Move to approve the CONSENT AGENDA as presented. GENERAL BUSINESS - There were no General Business items this week... PUBLIC HEARINGS 7A- ORDINANCE NO. 5058, RELATING TO THE ACQUISITION BY EMINENT DOMAIN OF A CERTAIN PORTION OF PROPERTY IN THE CITY OF BREMERTON NECESSARY FOR DEVELOPMENT, CONSTRUCTION, AND MAINTENANCE OF THE FIRST STREET PLAZA PROJECT (#AB08-201): Gary Sexton, Redevelopment Projects Administrator, explained that the proposed ordinance relates to the acquisition by eminent domain of a certain portion of property in the City of Bremerton necessary for development, construction and maintenance of the First Street Plaza Project. It further directs staff to exhaust all reasonable negotiation efforts to purchase property necessary for the project; describes the public convenience, use and necessity of such property; provides for the condemnation, appropriation and use of the property; provides the mode of payment of cost of acquisition of the property; and directs the City Attorney to prosecute an action in Kitsap County Superior Court in the event direct purchase efforts are not successful. A recess was held from 6: 12 to 6: 18 PM to resolve technical difficulties with the computer equipment.. . Mr. Sexton provided a PowerPoint@ presentation to brief the Council on the history of the downtown revitalization that has taken place over the last several year leading up to this current proposed First Street Plaza Project; clarified that the City was not proposing to condemn the businesses, but instead to provide them with an opportunity that would only benefit and enhance their business; said the City wants the business to stay, and wants them to succeed, but if they still choose to forego this option, the City has offered assistance in their relocation; and asked the Council to pass this ordinance because the passage of this ordinance will begin the negotiations. President Maupin reiterated that the Council was here tonight to conduct a Public Hearing, and therefore requested no applause from those in attendance. He then opened the Public Hearing... President Maupin then allowed David & Mary Jo Rose, property owners of the South Pacific Sports Bar, 1 O-minutes to provide a PowerPoint@ presentation in support of their business. Mr. & Mrs. Rose asked Council to consider the impact of condemnation on their business as well as the community and hoped that Council would not support taking the option of eminent domain. City Council Reg. Mtg. Minutes Wednesday, September 17, 2008 Page 3 of 6 There'were several speakers who provided comments, but did not print their names on the "Speaker's List". Because the pronunciations of their name were not audible during their testimony, their names are unknown and therefore their comments were not included as paft of the record... MEMBERS OF THE PUBLIC WHO SPOKE AGAINST THE PROPOSED ORDINANCE ... Steve Gardner (discussed the history of Bremerton as a "blue collar" town); Steven Kreifels, Owner of Fraiche Cup (talked about his experience when the City needed his original business location, and said the City should support local "mom & pop I! businesses and not conglomerates); Elizabeth Thompson, Owner of Drift on Inn (concerned that they did not receive proper notification of the latest plans); Carl Coyl (stressed that the idea of eminent domain should always be used cautiously and commented that the City needs revenue but has "champagne taste with a beer wallet'?; Mike McWilliams (appreciated what has been accomplished in Bremerton, but was against this particular action)... Joe Dacca mistakenly spoke regarding another subject. He was upset that his family received tickets for parking in front of his home because he was unaware the City had changed the parking signs changing the limit from a 2-hour to a 1-hour limit. Mr. McConnell called for a Point of Order to bring the subject back to the proposed ordinance. Melissa Grana (said the City should support the older businesses and help them); GeorQe WarrinQton (provided comments against the use of eminent domain); Kendall Hix (targeted downtown businesses for fund raising against breast cancer and the Rose's wrote the most . \ generous check while Anthony's and Starbucks would not even speak to her); Jim Bell (was vehemently opposed to this action because it would hurt the economy); James Brue (shipyard worker from New York encouraged Council to consider the blue cpllar community in their decision); John and John (son) Limantzakis (one of the land owners who has met with City officials, emphasized how much work and money people have put into building and storefront improvements, and hoped that Council would not pursue the eminent domain option); Rick Cortes (opposed the use of eminent domain); Vince Robinson (son of Council Member Dianne Robinson and former resident; chaJ/enged the developer to work with the businesses and not use eminent domain even though he thought the face of some of the businesses are unpleasant; and recommended that old town be preserved but given a new face); Alyssa Miller (thought that old businesses could be fixed up to bring and keep people downtown rather than be torn down); Anthony Kelley (OJ for the South Pacific, hoped that downtown businesses would be supported rather than destroyed, and that he would be able to keep his job); Mark Satherwaite (was stunned that Mr. Sexton would not give the Council a straight answer at a previous Study Session; asked the Council to vote no on this issue and to ask the developers to consider a new plan that includes business owners; commended the Roses who put their money and hard work on the line); Mark Batelmann (believed that the South Pacific provides a place for blue collar gatherings in Bremerton and asked Council to not pursue eminent domain); Paul Thompson (brother of Dianne Robinson; has seen a lot of changes in Bremerton, also a small business owner and supports the Roses, and hoped that Council would do the right thing for the city.); Ken Dupay (a new condominium owner, wants the bar to stay and noted that some of the older buildings carry memories to many people.) Witl1 no more speakers, President Maupin closed the Public Hearing to public comment... 7:48:32 Main Motion was made as discussion by the Council continued... MEMBERS OF THE PUBLIC WHO SPOKE IN FA VOR OF THE PROPOSED ORDINANCE... There was no one from the public present at the meeting tonight who spoke in favor of the action. City Council Reg. Mtg. Minutes Wednesday, September 17, 2008 Page 4 of 6 Mr. McConnell asked if the offer made to the property owners for their property would be enough compensation for relocation. Mr. Sexton answered that prior discussion with the property owners centered on building improvements rather than relocation. He further explained that more focus was placed on safety and a necessity to join public spaces together. Mr. McConnell asked what were the consequences and costs for not acquiring the property. Mr. Sexton believed that if the City does not acquire property on First Street, a substantial portion of the investment into the project will be undone by not joining the spaces together. Mr. McConnell asked how much money is being allocated for the projects. Mr. Sexton answered that $5-million was provided by the State Legislature and $500,000 from real estate excise tax (REET) - Memorial Plaza ($3.5 million), The Commons, ($1 million), and First Street Plaza ($1 million). Mr. McConnell expressed concerns about providing outdoor seating with taxpayer money for private businesses. Mr. Runyon asked for clarification about eminent domain. Mr. Lubovich clarified the purpose has to be for a public purpose such as a walkway. Mr. Runyon referred to the Mayor's comments and the need for increased tax revenue which he agrees with; and asked Mr. Sexton to explain the public process used to create the First Street Plaza. Mr. Sexton stated that the public was involved during the downtown sub-area plan process and that now the City has entered into the legal process since negotiations were not successful. Mr. Runyon then asked if the City has done a cost-benefit analysis for acquiring the property, relocation of businesses, lost revenue, and impacts to customers and employees of those businesses. Mr. Sexton responded that the City would stand to lose $1 million by not taking action; and believed that working with business owners would result in a positive situation in terms of revenue. Mr. Runyon also asked if the proposed plan will conform to the downtown sub-area plan. Mr. Sexton stated yes. Mr. Runyon asked if any studies or reports have been done by the Washington State Department of Transportation regarding the structural integrity of the Rose's building. Mr. Sexton referenced a conversation regarding that issue but did not respond regarding any reports or studies. Mr. Runyon asked if the City needs a second plaza. Mr. Sexton answered that the City needs connectivity between the proposed park and waterfront and the Memorial Plaza will provide that. Mr. Runyon expressed concerns about potential operations and maintenance costs of the future park. Mr. Sexton stated that these costs have been discussed by staff and have been factored into the planning of the plaza. ' Ms. Robinson read from a statement to support blending old infrastructure with new buildings and keeping small businesses and allowing them to succeed; and believed that eminent domain should be the last resort. Mr. Shepherd commended the Planning Department on considering the pedestrian, transit, and aesthetic needs of the downtown; foresees future pedestrian walkways as provided in the Comp Plan; and commented on the downtown sub-area plan and the previous Calthorpe Plan. Mr. Wofford clarified that the City is not trying to run the Roses out of businesses but instead is trying to help them and other businesses to be viable, and to decide what is best for the entire city. Mr. GehrinQ commented that he was also a small business owner so he understands how tough it is to survive and how it can be a very emotional issue because a business is a persons livelihood. He believed the Council was "forced" into this position and would rather sit down with everyone involved and negotiate; and asked 'can businesses remain viable and still allow revitalization to move ahead'. City Council Reg. Mtg. Minutes Wednesday, September 17, 2008 Page 5 of 6 Mr. McConnell asked for clarification on what the Council action tonight would mean. Mr. Lubovich stated that passage of the ordinance would give his office the go ahead to file a lawsuit and that if there were a settlement the issue would then come back to Council for approval. President Maupin reopened the public hearing at the request of Mr. Brockus so that he could ask property owners some additional questions. . . Mr. Brockus agreed with the statements made by Ms. Robinson that eminent domain should only be used as a last resort and asked the Roses if a structural analysis of the building has been done. Ms. Rose answered no but they have a letter from WSDOT regarding their notification to the state about the basement; responded that taking 40-feet of the building would take away the kitchen and that the proposed compensation ($144,000) would not be enough to renovate the building which would be closed during the renovation so there would be lost revenue as well. Mr. Rose believed that the original plan was to move the tunnel project forward, to make sidewalk improvements, and to allow the South Pacific to remain at its current location without taking 40- feet. Mr. Limantzakis added that 2500 square feet of the building would be lost assuming this project moves forward; and answered yes, the building can be reduced and renovated; and that he was willing to continue negotiating. President Maupin again closed the public hearing... Mrs. Arends also encouraged negotiation and wanted to save as many businesses as we can, but emphasized that the City also needs a street that functions; and would like to see both the South Pacific stay either in its present location or another location and also see the First Street Plaza project completed. Mr. Lubovich said the matter could be tabled to see if negotiations could continue; however the Roses indicated that they were not willing to continue and preferred that the Council made a decision one way or the other tonight. Mr. Sexton pointed out that if the issue were tabled, the City would try to come up with a resolution that would benefit both the City and business owners. City Clerk Carol Etqen explained the difference between use of continuing and tabling an item. Mr. Wofford thanked the public for their input at tonight's hearing. Mr. Maupin explained that eminent domain is simply a way of purchasing property for public use at fair market value and projects that have gone through eminent domain include the ferry terminal, downtown parks, or the gateway project; and stated that with the City involved in this particular project (rather than state agencies), the City and property owners would both benefit through negotiation. 08:53:02 M/S/F (Arends/Wofford) Move to continue this issue until November 19, 2008. Voted in favor of the Motion: Brockus, Arends, Wofford Voted opposed to the Motion: McConnell, Runyon, Shepherd, Robinson, Gehring, Maupin Motion failed: 3-Yes; 6-No . 08:53:43 M/S/F (Arends/Wofford) Move to pass Ordinance No. 5058 relating to the acquisition by eminent domain of a certain portion of property in the City of Bremerton necessary for development, construction, and maintenance of the First Street Plaza Project. Voted in favor of the Motion: Arends, Wofford, Maupin Voted opposed to the Motion: Brockus, Runyon, Shepherd, Robinson, Gehring, McConnell Motion failed; 3-Yes; 6-No City Council Reg. Mtg. Minutes Wednesday, September 17, 2008 Page 6 of 6 COUNCIL MEMBER REPORTS Roy Runyon reported on a Neighborhood Meeting at Kiwanis Park held last Tuesday; thanked fellow Council Member Mike Shepherd for bringing forward a very successful Evergreen Park Centennial Celebration held last Saturday; and commented on a clean technology discussion at a recent Kitsap Economic Development Association (KEDA) meeting. Brad GehrinQ mentioned his attendance along with several other Council Members at the Sustainable Waterfront Conference held last week and thought it was interesting. With no further business, President Maupin adjourned the Council Meeting at 8:57 PM. J;ii~ LORI SMITH Legislative Assistant Attest: CAROL ETGEN, City Clerk WILL MAUPIN, City Council President WM:CE:ls:cg IL\lT Sl :I3MITILD: BILL ft 08..- ~ 17 ,\GEi'lDA BILL CITY OF BRPvlERTON CITY COU~CIL 5C ........................................................................................ SUB.JECT: City Council Meeting Minutes !()r meeting of D erf1J her I,;too t3 Committee i\kcting Date: NiA (\W!\CIL tVIIY/I;\;(j Date: ~hetr I!;;, .:200 8 Department: City Council ' Presenter: Will Maupii1, Council President Phone: (360) 473-5280 SUMMARY: Attached is a summary of the City Council :Ylecting held Ck..ft,beA-- II ;2-00 S ATTACHMENTS: Meeting Minutes for Oc.tz,ber- 'I 200(; FISCAL IMP ACTS (Include Budgeted Amount): N/ A APPROV ALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: COMMITTEE CHAIR COUNCIL PRESIDENT: Council President N/A N/A N/A N/~, . /, ,. y~1 . // I ,'/. j /__ ./ I( ,/.; ( /" '/_";-/~'-'-:'7'- (. _.-./,J',' ie- / ______ /- . ....- CONSENT AGENDA GENERAL BUSINESS 0 PUBLIC HEARING 0 RECO:VI.:\:IENDED "lOTION: !'vIove to approve the Consent Agenda as presented, CO(;NCIL ACTION: 0 Approve 0 Deny 0 Table o ('ontll1ue 0 No Action DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, October 1, 2008 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, of the NORM DICKS GOVERNMENT CENTER, 345 6t11 Street, Bremerton, Washington, Wednesday, October 1, 2008, at 5:30 PM, with Council President Will Maupin presiding. Council Members present were Nick Wofford, Carol Arends, Dianne Robinson, Mike Shepherd, Roy Runyon, Adam Brockus, Cecil McConnell, and Brad Gehring. Also present were City Attorney Roger Lubovich; City Clerk Carol Etgen; and Legislative Assistant Lori Smith. The Pledge of Allegiance was led by Council Member Brad Gehrinq followed by the invocation provided by Pastor Dennis Pavne of Ebenezer African Methodist Episcopal Church. President Maupin announced that a Briefing Session to discuss General Council Business was held prior to the meeting. MAYOR'S REPORT - There was no Report tonight... PUBLIC RECOGNITION & ANNOUNCEMENTS Brad Gehrinq informed the public that the Municipal Court Offices is scheduled to close from Monday, October 6 to Friday, October 10 while the facility currently occupied by the Court is being re-roofed; but mail would continue to be accepted during this time. Rov Runxon invited the public to attend the 2nd Annual Oktoberfest to be held on Saturday, October 4 n from 11 :00 AM to 6:00 PM on the Louis Mentor Boardwalk, and attendees are encouraged to bring canned food donations for the Bremerton Foodline; he mentioned several Council Committee meetings taking place next week; and welcomed two new businesses in Bremerton: Emerald Bay Yacht Sales located on the Boardwalk; and Henry's Cafe, which will be located on the first floor of the Norm Dicks Government Center. Nick Wofford also welcomed a new business to Bremerton, the Comfort Inn located on Kitsap Way; and he congratulated Amy Burnett for being selected to design the White House Christmas Tree ornament for the State of Washington. Katrina Folkerson, Marketing Director for the YMCA announced several upcoming events. Marie Vila briefed the public on the CDBG recommendation process, and encouraged citizens to view the information on the website and to provide comment during the public comment period. CONSENT AGENDA A. Check Numbers 327275 through 327542; and EFT-8150 through EFT-8180 in the amount of $1,687,356.05; Regular Payroll in the amount of $754,700.48 for the pay period ending September 15, 2008; and Retiree Payroll in the amount of $78,953.51 for the pay period ending September 30, 2008 (#AB08-202) B. Minutes of Meeting September 17, 2008 (#/\B08 203) This item was pulled C. Minutes of Study Session - September 24, 2008 (#AB08-204) D. Reappointment of Greg Wheeler to the Planning Commission (#AB08-205) E. Bid Award to PHC CONSTRUCTION LLC for composition roof replacement at Fire Station No. 3 (#AB08-206) F. Contract Award to NATIONAL INDUSTRIAL PAINTING, INC for Interior Coating Replacement of Reservoir No. 10 South (#AB08-207) G. Contract Award to COATINGS UNLIMITED, INC for Interior Coating Replacement of Reservoir No. 21 (#AB08-208) City Council Reg. Mtg. Minutes Wednesday, October 1, 2008 Page 2 of 3 H. Professional Services Agreement with HELIX DESIGN GROUP for Architectural & Engineering Design of Public Works & Utilities Oyster Bay Complex building addition (#AB08-209) I. WSDOT Construction Support Agreement for SR304 TIP Navy Yard Highway Phase (#AB08- 21- ) J. Real Estate Purchase and Sale Agreement with Nancy J. Naylor for the purchase of Tax Parcel No. 222401-4-099-2005 as part of the SR 304 TIP Navy Yard Highway Phase project (#AB08-211 ) K. General Maintenance Agreement with WSDOT for the Bremerton Ferry Tunnel Project (#AB08-212) L. Amendment No. 1 to Professional Services Agreement for Legal Representation for Indigent Persons and corresponding budget adjustment (#AB08-213) 05:42:53 M/S/C/U (Runyon/Brockus) Move to approve the CONSENT AGENDA as presented: GENERAL BUSINESS 6A - CITY PARTICIPATING AGREEMENT FOR WORK PERFORMED BY WSDOT FOR THE BREMERTON FERRY TUNNEL PROJECT (#AB08-213): Phil Williams, Public Works & Utilities Director, provided further details in a PowerPoint@ presentation to explain that the Washington State Department of Transportation (WSDOT) is constructing the Bremerton Ferry Tunnel Project which will include work benefiting the City. The work includes tunnel form liners, brick pavers, and irrigation for hanging baskets. The agreement identifies the work to be performed by WSDOT and reimbursed by the City. Mark Satherwaite asked questions about a proposed security path that is supposed to be built around the tunnel? Mr. Williams said that if Mr. Satherwaite could leave his contact information, he would be happy to obtain some additional information and even provide a picture of the design. Mr. McConnell asked how much extra excavation was necessary due to the proposed irrigation system; and how long will the street be impassable. Mr. Williams responded that there would be very little excavation required; impact to traffic would be minimal; and added that the items tonight would not be an impact to traffic. Mr. Runyon clarified that the funds would come from a Contingency Reserve Fund. Mr. Wofford asked if only the flower baskets would be watered with the new irrigation system. Lynn Price, Project Manager, said all the plants would benefit from the new irrigation system. Mr. Shepherd suggested that WSDOT use current available space here instead of their current plans to build a new building on Bainbridge Island. Mr. Maupin thought it was a positive thing to have discussions like this because when the City is involved in such a big project, it is important that it is done right. 06:05:09 M/S/C/U (Arends/Brockus) Move to authorize the Mayor to finalize and execute the City Participating Agreement for certain work performed by the Washington State Department of Transportation for the City on the Bremerton Ferry Tunnel Project with substantially the same terms and conditions as presented. COUNCIL MEMBER REPORTS Brad GehrinQ welcomed two recent grand openings, the Golden Dragon Restaurant now located in Sheridan Village; and Pacific Northwest Costume now located near the NE corner of Riddell & Wheaton Way. City Council Reg. Mtg. Minutes Wednesday, October 1,2008 Page 3 of 3 Roy Runyon mentioned that he has been busy organizing the upcoming Oktoberfest, and thanked the numerous businesses and sponsors that helped make the event possible. Mike Shepherd reported on the successful Safety & Health Fair held on the Boardwalk last week. Carol Arends reminded the public about the First Friday Art Walk activities to be held this week in downtown, the Charleston district, and the Manette area. Will Maupin reported on his attendance at the Change of Command Ceremony for Capt. Brad Johanson of the USS JOHN C. STENNIS, stating that it was a great event, and that he hates to see Capt. Johanson leave the community. He also mentioned his involvement with the School Siting Committee for a Bremerton Middle School, and that the next meeting would be held Monday, October 27 here in the Norm Dicks Government Center and members of the public are welcome to attend. With no further business, President Maupin adjourned the Council Meeting at 6: 12 PM. Prepared and Submitted by: ~~ Legislative Assistant Attest: CAROL ETGEN, City Clerk WILL MAUPIN, City Council President WM:CE:/s:cg D.\ I E Sl;Bi\1I11ED: BILL ~.; Q~a~~?:__~_8 AGE~DA BILL CIT'{ OF RREylERTOl\ CITY COUNCIL 51> ........................................................................................ Sl;SJECT: City Council Meeting Minutes for llleding of Committee Meeting Date: N/A COUNCIL :-v1EETINCi Dati:: ~+O(,e.- 15""'. ::LOO 8 Department: City Council ' Presenter: Will Maupin, Council Prcsidcnt Phone: (360) 473-5280 SL'Ml\IARY: Attachcd is a summary of the City Council Mceting held Oc..~~ B .200 8 . I Oc+o"ev-- € I .:2.009 A TT ACHMENTS: Meeting Minutes for Oc...-\ober- l3) 2.008 FISCAL IMP ACTS (Include Budgeted Amount): N/ A APPROV ALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: Council President N/A N/A N/A COMMITTEE CHAIR COUNCIL PRESIDENT: CONSENT AGENDA GENERAL BUSINESS D PUBLIC HEARING D RECO\Il\IENDED '"'lOTION: Move to approve the Consent Agenda as presented. COliNCIl, ACTION: D Approve D Deny D Table D C 'ontllluc 0 No Action DIGITAL RECORDING CITY COUNCIL STUDY SESSION MINUTES Wednesday, October 8, 2008 The weekly meeting of the City Council of the City of Bremerton was called to order in the Council Conference Room, Room 603 of the NORM DICKS GOVERNMENT CENTER located at 345 6th Street, Bremerton, Washington, Wednesday, October 8, 2008, at 5:00 PM, with Council President Will Maupin presiding. Council members present were Carol Arends, Dianne Robinson, Mike Shepherd, Roy Runyon, Adam Brockus, Cecil McConnell, and Brad Gehring. Council Member Nick Wofford was absent. Legislative Assistant Lori Smith was present to provide staff support to the Council. President Maupin announced that the Study Session was for the Council to hear presentations on upcoming agenda items. It was further announced that this Study Session was open to the public, but there would be no opportunities for input or participation; that no action will be taken, and the content of these items is subject to change. A. NO DISCUSSION ITEMS 1. Contract with BREMERTON HOUSING AUTHORITY for Supplemental Police Services - Tim Sholtis, Police Department; and Brad Gehring, Public Safety & Parks Committee Chair Consent 2. Award of Goods & Services Agreement for Gorst Creek Debris Removal on City Property (Bids opened Tuesday, October 7) - Bill McKinney, Forestry Manager; and Cecil McConnell, Public Works Committee Chair Consent 3. Proposed Public Hearing and Ordinance vacating a portion of Carr Boulevard and reserving certain easements - Michael Mecham, City Engineer; and Cecil McConnell, Public Works Committee Chair 4. Proposed Resolution approving an interlocal agreement with KITSAP COUNTY for the transfer of real property and the sale of the CenCom property - Michael Mecham, City Engineer; and Cecil McConnell, Public Works Committee Chair Consent 5. Proposed Ordinance amending Bremerton Municipal Code (BMC) Chapter 10.11 relating to "Parking Enforcement" - Roger Lubovich, City Attorney Item was pulled B. FULL DISCUSSION ITEMS 1. Presentation regarding the Kitsap Conference Center Annual Recap Report and Preliminary 2009 Budget Expectations (Information Only - approx. 20 minutes) -Terry Halverson, KITSAP CONFERENCE CENTER 2. Proposed Public Hearing and Ordinance adopting the 2008 Comprehensive Plan Amendment Docket - Andrea Spencer, Department of Community Development Director; and Dianne Robinson, Planning Committee Chair 3. Proposed Public Hearing and Ordinance amending Bremerton Municipal Code (BMC) Section 20.40 "Definitions" and 20.58.060 "Residential Cluster Development" - Nicole Ward, Community Development; and Dianne Robinson, Planning Committee Chair 4. Proposed Ordinance amending Bremerton Municipal Code (BMC) Section 13.04.140 relating to the sale of beer and wine at OLYMPIC SOCCER & SPORTS CENTER in Pendergast Park - Wyn Birkenthal, Parks & Recreation Director; and Brad Gehring, Public Safety & Parks Committee Chair General Business C. EXECUTIVE SESSION 15-Minutes to discuss "Potential Litigation" per RCW 42.30.110 (1) (i) DIGITAL RECORDING With no further business, President Maupin adjourned the Study Session at 7:40 PM. Prepared and Submitted by: ~~2 LORI SMITH "'-" Legislative Assistant Attest: CAROL ETGEN, City Clerk WILL MAUPIN, City Council President WM:CE:ls:cg DATE SUBMITTED: September 9,2008 BILL # 0 B - .2. I cr AGENDA BILL CITY OF BREMER TON CITY COUNCIL Sf ........................................................................................ SUBJECT: Bremerton Housing Authority Contract for Supplemental Police Services with the City of Bremerton Police Department Committee Meeting Date: October 8, 2008 COUNCIL MEETING Date: October 15, 2008 Department: Police Presenter: Chief Rogers Phone: 473-5224 SUMMARY: The City of Bremerton Police Department has a contract with the Bremerton Housing Authority to provide police service for the Westpark Housing development. The new contract identifies financial terms, specific services and community policing requirements. The contract begins November 1,2008 and is through September 30,2009. ATTACHMENTS: 2008/2009 Contract for Supplemental Police Services FISCAL IMP ACTS (Include Budgeted Amount): The Bremerton Police Department dedicates one Patrol officer to support the contract for one year. The BHA funds the full-time officer and services according to the contract. APPROVALS: DEP ARTMENT DIRECTOR~---- /" CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: CONSENT AGENDA ~ GENERAL BUSINESS D PUBLIC HEARlNG D COMMITTEE CHAIR COUNCIL PRESIDENT: RECOMMENDED MOTION: Move to approve the 2008/2009 service contract with the Bremerton Housing Authority to support community policing services in Westpark Housing and authorize the Mayor to finalize and execute the contract with substantially the same terms and conditions as contained in the proposed agreement. COUNCIL ACTION: D Approve D Deny D Table D Continue D No Action CONTRACT FOR SUPPLEMENTAL POLICE SERVICES The Housing Authority of the City of Bremerton ("BHA") and the City of Bremerton ("City"), referred to collectively as the "Parties," enter into the following Agreement for professional services: I. Scope: The City agrees to perform the services more specifically described in the Scope of Work, attached hereto as Exhibit A, which is incorporated by reference herein. The Scope of Work may be modified only pursuant to Section IX.E. of this Agreement. If BHA desires services not specified in the Scope of Work, then the parties, by written agreement signed by both parties, may add the additional services to the Scope of Work, and adjust the compensation, if appropriate. It is understood that due to unforeseen reasons officers may not be able to fulfill an appointed assignment time and work schedule changes may be necessary. Examples would be for illness, court subpoenas, or a call out for a major case etc. II. Term: This Agreement commences on November 1, 2008 and terminates on September 30, 2009 unless another date is substituted pursuant to Section IX.E. or the agreement is terminated earlier pursuant to Section VIII. III. Compensation: In consideration of the services provided pursuant to this Agreement, BHA shall pay the City an amount not to exceed $82,973.47 for the term ofthis agreement as set out in Exhibit B. City shall submit monthly billing statements. Upon receipt of a conforming monthly billing statement, the BHA shall promptly process payment. City shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. City shall only be compensated for additional services if requested pursuant to Section I and, if not otherwise provided, such compensation shall be adjusted, if appropriate, and specified by letter agreement signed by both parties. If a billing statement does not conform to this Agreement, BHA may withhold payment until the statement is reconciled. Such withholding does not relieve City of its obligations under this Agreement. IV. Relationship of Parties: City represents that it is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. City and its personnel are independent contractors and not employees of BHA. City and its personnel have no authority to bind the BHA or to control the BHA's employees and other Consultants. None of the benefits provided by BHA to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from BHA to the employees, agents, representatives, or sub-Consultants of the City. City will be solely and entirely responsible for its acts and for the acts of City's agents, employees, representatives, and sub-Consultants during the performance of this Agreement. Page 1 of8 Officers working the West Park enforcement emphasis will be expected to meet assigned goals and objectives. Those not doing so will not be assigned to the detail in the future. As an independent Contractor, City is responsible for its own management. The BRA's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over City or its personnel. As an independent contractor, City is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, Business & Occupation, State professional licensing, and City business licensing. Failure of the contractor to fully comply with tax and licensing requirements will be considered a material breach of contract and at the option of BRA will be cause for such action as may be available by law including termination of the contract. V. Indemnification: BRA shall protect, defend, indemnify, and hold harmless the City, its officers, officials, employees, and agents, from any and all claims, demands, suits, penalties, losses, damages, judgments, attorneys' fees, and/or costs of any kind whatsoever, arising out of or in any way resulting from acts or omissions of the BRA, its officers, employees, agents, and/or subcontractors in relation to the performance ofthis agreement. The City shall protect, defend, indemnify, and hold harmless BRA, its officers, officials, employees, and agents, from any and all claims, demands, suits, penalties, losses, damages, judgments, attorneys' fees, and/or costs of any kind whatsoever, arising out of or in any way resulting from acts or omissions of the City, its officers, employees, agents, and/or subcontractors in relation to the performance of this agreement. Except for damages caused by the sole negligence of the City, BRA's obligation under this section shall include, but not be limited to, the duty to promptly accept tenders of defense and provide defense to the City at BRA's expense. The provisions of this section shall survive the expiration or termination of this Agreement. VI. Insurance: Prior to the commencement date of this Agreement, City shall provide Certificates of Insurance to the BRA's Risk Manager verifying the following coverage: 1) Professional liability ("E&O") coverage of $2,000,000 per occurrence for errors and omissions committed by City while performing its obligations under this Agreement, and 2) a comprehensive general liability ("CGL") policy providing coverage of at least $2,000,000 per occurrence and including bodily injury and property damage. Both policies shall remain in full force and effect, and provide coverage for the full term of this Agreement. Insurer shall provide the Risk Manager with 30 days' written notice of any cancellation or change of coverage of either policy. VII. Nondiscrimination: City shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, disability, or sexual orientation except for employment actions based on bona fide occupational qualification. Page 2 of8 VIII. Termination: This Agreement may be terminated, at will, by either Party upon sixty (60) days notice to the other Party. This Agreement may be immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the terminating Party, and the non-performing Party does not commence correction of the failure of performance within thirty (30) days of the terminating Party's sending notice to the non-performing Party. Notice by BHA shall include a report showing the status of all items listed in the Scope of Work current through the termination date. If BHA receives reimbursement by any federal, state, or other source for work described in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is canceled or substantially reduced after the execution date of this Agreement and prior to the completion of the work, BHA may summarily terminate this Agreement. Termination, pursuant to this paragraph, shall be effective ten calendar days after City's receipt of the written notice by certified mail. A. Excusable Delavs: The right of City to proceed shall not be terminated nor shall City be charged with liquidated damages for any delays in the completion of the work due to: I) any acts of the federal government in controlling, restricting, or requisitioning materials, equipment, tools, or labor by reason of war, national defense, or other national emergency; 2) any acts of BHA, its consultants, or other (public agencies causing such delay; and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the City, including, but not restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER~ that the City must promptly notify BHA within ten (10) calendar days in writing of the cause of the delay. B. Rights Upon Termination: In the event of termination, BHA shall pay for 'all services performed by the City to the effective date of termination, as described on a final invoice submitted to BHA. IX. General Conditions: A. Reports and Information: When requested by BHA, City shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. City shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. B. Work Performed at Citv's Risk: City shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and subconsultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at City's own risk, and City shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. C. Place of Work: It is recognized that the majority of work is conducted throughout the Westpark community, including the Firs Apartments. There will be times that the Westpark Page 3 of8 officer may be required to respond to Priority one and/or priority two calls outside the Westpark community when the safety or welfare of police officers or citizens is of concern. It is recognized that the Westpark Officer leaves the Westpark community to conduct follow-up investigations on crimes that occur in Westpark or involve Westpark residents. The Officer is required to file all police reports into the department's Record Management System (RMS) as directed by Bremerton Police Department Policy. D. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. E. Modification: This Agreement may only be modified by written instrument signed by both Parties. F. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1 st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. BHA: Bremerton Housing Authority 345 6th Street, Suite 200 Bremerton, W A 98337 City: City of Bremerton Police Department 1025 Burwell St. Bremerton, WA 98337 G. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. H. N on- Waiver of Breach: The failure of BHA to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. 1. Compliance with Laws: City shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. J. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. K. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. L. Assignment: Any assignment of this agreement by City without the written consent of BHA shall be void. Page 4 of8 M. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. HOUSING AUTHORITY OF THE CITY OF BREMERTON CITY OF BREMERTON By: its: Date: By: its: Date: Approved as to form: Attest: Bremerton City Attorney City Clerk Page 5 of8 EXHIBIT A SCOPE OF WORK To enforce the law and assure that unlawful activity, including drug-related crimes in and around housing owned or managed by BHA is identified, reported, monitored, and tracked in the geographic area commonly known as West Park. All work shall be performed in accordance with and subject to Bremerton Police Department policies and procedures. To support the goals and objectives of the BHA and in the prevention of crime and the elimination of drug-related criminal activity. SUMMARY OF CONTRACTED SERVICES TO BE PROVIDED BY BPD 1. Provide a commissioned and qualified Police Officer to the Westpark Housing Development and The Firs Apartments to deliver law enforcement services for duration of contract. 2. Provide information required to compile data for criminal analysis and statistical reports for Westpark and The Firs, as requested. 3. Cooperate to the fullest extent possible with other law enforcement and governmental agencies and the BHA to achieve the goals and meet the objectives as stated in the Scope of Work. 4. The Westpark Officer will respond to calls for service. The patrol officer is to be the primary point of contact for calls for service (911 calls); responding to calls is not the sole responsibility of the contracted Westpark Officer. 5. Provide extended supplemental services as needed for increased coverage and special projects as budgeted for and approved by both parties. 6. The work schedule will be in four hour blocks of time scheduled by the Operations Commander or his designee with input and approval from BHA. When needed the designated BHA representative and the Bremerton Police Department will discuss and plan out proposed work schedules to best meet the law enforcement requirements for the West Park Housing development. ILLUSTRATIVE TASKS * 1. Liaison with BHA and residents of the Westpark Housing Development. a. Attend and participate in meetings when required. Page 6 of8 b. Document and forward reports of criminal activity in Westpark to the BRA. As needed. 2. Program Reporting. a. Prepare and provide monthly activity reports to the Resident Initiatives Manager. b. Provide crime statistics and other related data for program reporting purposes. 3. Investigations. a. Investigate reports of unlawful activity. b. Prepare comprehensive detailed reports on investigations. c. Investigate and report when reports of illegal activity have been reported or suspected. 4. Miscellaneous Functions. a. Special projects as assigned by BRA and agreed to by BPD. 5. Service Objective - Responsibilities to the Public. a. Courteous and respectful. b. Responsive to requests. 6. Organization Improvement. a. Commitment to a philosophy of quality. b. Display initiative to resolve problems. BRA, in its efforts to support and promote a good working relationship with BPD will: Cooperate to the fullest extent possible with BPD and other judicial, governmental, and law enforcement agencies. Page 7 of8 PROGRAM EV ALVA TION City and BRA will jointly meet to evaluate contract compliance and overall performance. This will be conducted as may be necessary, to identify areas of concern. EXHIBIT B Compensation Worksheet for West Park Contract: Estimated salary cost for Officers assigned to four hour blocks not to exceed total of$66,9l6.67 total patrol time. $66,916.67 Administrative fee of 10% for administration services and information gathering. $ 6,691.67 Vehicle Costs, Fuel and Maintenance for the year Equipment replacement and rental fund $6,388.71 $2,976.42 Total Cost for West Park Officer and a patrol vehicle Total = $82,973.47 Page 8 of8 DATE SUBMITTED: S~ptel1lb~r 25,2008 RILL # ___Q_~_=.-2_~O AGENDA BILL CITY OF BREMERTON S ~ crry COUNCIL r ........................................................................................ Sl!BJECT: Award of Goods & Services Agreement for Gorst Creek Debris Removal on City Property Committee Meeting Date: October 8,2008 COUNCIL MEEl'ING Date: October 15,2008 Department: Public Works Presenter: Bill McKinney Phone: 473-5354 SUMMARY: December 2007 storm events caused a failure of an old landfill on private land resulting in an estimated 40 cubic yards of miscellaneous debris to be deposited on City water utility property. The debris is scattered downstream of the Highway 3 culvert for a distance of approximately 600 feet with a debris trail of an average width of approximately 50 feet. Debris consists of glass, metal, wood, rubber, and plastic material. This services contract is for the vendor to provide labor for the manual removal of debris within this area. A voucher provided by the Kitsap County Dept. of Health will provide for the transport and disposal of the material. This project is FEMA reimbursable. ATTACHMENTS: 1.) Goods & Services Agreement 2.) Bid Results FISCAL IMPACTS (Include Budgeted Amount): Contract price of $ 5.'150.00 , is reimburseable from FEMA (75%) and State funds (12.5%); City is responsible for balance from Water Fund APPROVALS: ///"'~ DEP ARTMENT DIRECTO CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: CONSENT' AGENDA 12$ GENERAL BUSINESS 0 PUBLIC HEARING 0 COMMITTEE CHAIR COUNCIL PRESIDENT: RECOMMENDED MOTION: Move to approve the Goods & Services Agreement with C. C.rOY\~L Con<;rrlA..c.Jwn..___ in the amount of $__5;'150 L-QlL__ for debris removal on City property and authorize the Mayor to tinalize and execute the Agreement. COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continlle 0 No Action RECORD OF TELEPHONE CONVERSATION - FORESTRY MANAGER Date: 10/8/08 Subject: Confirmation of Bid - Gorst Creek Debris Removal Project (45960; FEMA PW #1371) Parties: Bill McKinney (Bremerton PW); Chris Cronauer (C. Cronauer Construction) Discussion: Called Chris Cronauer to confrrm that as low bidder on the above project he has read and understood the conditions and requirements of the contract and is willing to execute the contract with the City (insurance requirements, prevailing wage rates, City business license, time frame per hydraulics permit, federal FEMA requirements). He stated that his bid included Washington State Sales Tax. He said that he understood the requirements and is ready to sign the agreement. I told him that I would recommend approval both to State Emergency Management Division and the City Council for approval on October 15, 2008. 310 TiTLE: CITY OF BREMERTON BID TABULATION OPENED BY: Carol Etgen Gerst Creek Debris Removal Project )A TE OPENED: October 7, 2008 I BOND I ! ! il"" V' J } 0 '" L~ ,,~~s:' J ! V" I , f -8006~X JuVl fL.. I V ') hI' , ~---:-~. . C) roo e .~.~..5:.t-..Q t r ~ f)ep,c I V 1C'fovl_.$-erVj'c..u Cc0rID.! / i 2V Assoc.. , In c.. ! V : , ---j-' i IV vi / NAME OF BiDDER 1/26 r E C ~~L[=t..5;;2; ~ "1 )04VH'-.G.Y-L?cVd --rICH" , ZYI c.. I , 2i)7 C!"iier v :::, era fI z..t{~~_~,':u:t-,-- V -i.-- SUMMARY ! TOTAL BID t\PPARENTLow BIDDER U"_ I ~_!....(;-Lon ~uec Cov,?It..~!:::.1i.O') I .$.s;~ SDt:>: SECOND LOW BiDDER i _.-.-- ----~---- I-Bce> GoTJc.lnk:. ! "&,r:;7;Z~ THiRD '...OW BIDDER j _f1c-1!~?. Vi Se IV I Ge,.s Lor f ~_J c$._.8t ~ 0 0 ~ TIME OPENED: RECORDED BY: Bill McKinney 1:00 PM ITEM 1 -r-"TTEM2 I ITEM 3 i I I ITEM 6 i SALES '----TOTAL-- TAX ITEM 4 ITEMS ~o '100 ~ : ) -----------------.--.- : # 0 5'7 A ~ I t __________ i I tQ /7: 00 0 ~ -.----'-~-+------- I - -- .-.~-----~-- __~J I(jj'e,gooc>c ! I Ji 1/; 3 c?_~__co__ I !,.tf. 3 0 2..... i : I I 3 - ~~5T ; :.fJ ' ~--<,~_._--."'-- i I 'J I S" 4 b .2!. ;nc. Eo.' I-f;~ ~ C2 0 00 I ~___J&! S'DO ~ __..._L~______~ # ~ L/ S-O ~ I ! I ~~--~---~- ! --1. I -----+ - i i I j 1-1 I I__J COM MENTS ENGINEER ESTIMATE (INC SALES TAX) $ JI S3,B'S- ~ GOODS AND SERVICES AGREEMENT (Gorst Creek Debris Removal) THIS AGREEMENT, is entered into between the City of Bremerton, a Washington Municipal Corporation ("City"), and ("Vendor"), whose mailing address is: The parties agree as follows: 1. VENDOR SERVICES. The Vendor shall provide the following goods and materials and/or perform the following services for the City: Provide labor for manual removal of debris on City of Bremerton Water Utility property, within and adjacent to Gorst Creek lying north of State Highway 3. More specific details are contained in attached Scope of Work labeled "Exhibit A". Specific site location is shown on map labeled "Exhibit B". 2. TIME OF COMPLETION. Vendor shall complete the work and provide all goods, materials and services by November 15, 2008 as described on the attached Hydraulics Project Approval issued by the State of Washington Department ofFish & Wildlife. 3. COMPENSATION. The City shall pay the Vendor the total amount shown below, including applicable Washington State Sales Tax, for the goods, materials and services contemplated in this Agreement. The latest State of Washington Prevailing Wage Rates for Kitsap County shall apply to this Agreement. The Contractor shall not pay less than the wage that is published in the State Wage Rate Schedule. The City shall pay the Vendor the following amounts according to the following schedule: Lump Sum Labor Washington State Sales Tax Total =$ =$ =$ A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If V endor is unable, for any reason, to complete any part ofthis Agreement, the City may obtain the goods, materials or services by Agreement or otherwise, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct the cost to complete this Agreement, including any Additional Costs, from any and all amounts due or to become due the Vendor. 4. INDEPENDENT CONTRACTOR. Contractor is and shall be at all times acting as an independent contractor and not as an employee of the City. The Contractor shall secure at its expense, and shall be responsible for all payments of income tax, social security, state disability insurance compensation, unemployment compensation, and all other payroll deductions for the Contractor, officer, agents, employees and sub-contractors. The Contractor shall also secure all applicable business licenses, ifrequired, in connection with the contract services, including all required licenses for Contractor's officers, agents, employees and sub-contractors. 5. TERMINATION. The City may terminate this Agreement for good cause. "Good cause" shall include, without limitation, any one or more of the following events: A. The Vendor's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of this Agreement. B. The Vendor's failure to complete this Agreement within the time specified in this Agreement. C. The Vendor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Vendor's failure to complete with federal, state or local laws, rules or regulations. E. The Vendor's filing for bankruptcy or becoming adjudged bankrupt. lfthe City tenninates this Agreement for good cause, the Vendor shall not receive any further monies due under this Agreement until the goods, materials and services required by this Agreement are completed and fully perfonned. 6. CHANGES. The City may issue a written change order for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that a change order is necessary, Vendor must submit a written change order request to an authorized agent of the City within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for perfonnance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will detennine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. Ifthe Vendor fails to require a change order within the time allowed, the Vendor waives its right to make any claim or submit subsequent change order requests for that portion ofthe contract work. If the Vendor disagrees with the equitable adjustment the Vendor must complete the change order work; however, the Vendor may eject to protest the adjustment as provided below: A. Procedure and Protest by the Vendor. If the Vendor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or detennination by the City, the Vendor shall: 1. Immediately give a signed written notice of protest to the City; 2. Supplement the written protest within fourteen (14) calendar days with a written statement that provides the following information: a. The date of the Vendor's protest. b. The nature and circumstances that caused the protest. c. The provisions in this Agreement that support the protest. d. The estimated dollar cost, if any, of the protested work and how that estimate was detennined. e. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. 3. The Vendor shall keep complete records of extra costs and time incurred as a result of the protested work. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all protests, provided the procedures in this section are followed. If the City detennines that a protest is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. B. Vendor's Duty to Complete Protested Work. In spite of any protest, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. c. Vendor's Acceptance of Changes. The Vendor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determinati on). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). 7. CLAIMS. The Vendor shall give written notice to the City of all claims other than change orders within fourteen (14) calendar days ofthe occurrence of the events giving rise to the claims. Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions ofthis Agreement; or, if (and only if) no such provision is applicable, unless that claim is set forth in detail in writing and received by the City within seven (7) calendar days from the date Vendor knew, or should have known, of the facts giving rise to the claim. At a minimum, a Vendor's written claim must include the information set forth regarding protests in Section 6 (A)(2)(a)-(e). F AlLURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. Vendor must, in any event, file any claim or bring any suit arising from or connected with this Agreement within 120 calendar days from the date the contract work is complete. 8. WARRANTY. The Vendor shall correct all defects in workmanship and materials within one year from the date of the City's acceptance of the Contract work. When defects are corrected, the warranty for that portion of the work shall extend for one year from the date such correction is completed and accepted by the City. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. 9. INDEMNIFICATION. Vendor shall defend, indemnifY and hold the City, FEMA, and the State of Washington Emergency Management Division, their officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this Agreement. Vepdor's obligation to indemnifY shall not extend to that portion of damages caused by the City's sole negligence. The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24. 1 1 5, then, in the event ofliability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Vendor and the City, its officers, officials, employees, agents and volunteers, the Vendor's liability hereunder shall be only to the extent of the Vendor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 5 1 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. 10. INSURANCE. The Vendor shall procure and maintain for the duration ofthis Agreement, insurance against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the Contract work by the Vendor, its agents, representatives, employees or subcontractors. Before beginning work on the project described in this Agreement, the Vendor shall provide a Certificate ofInsurance evidencing: l. Automobile Liability insurance with limits no less than $ 1 ,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; and employer's liability. Any payment of deductible or self insured retention shall be the sole responsibility of the Vendor. All required policies shall be provided on an "occurrence" basis except professional liability insurance (ifrequired), which shall be provided on a "claims-made" basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf ofthe Vendor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies. The Vendor's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Vendor's insurance shall be primary insurance as respects the City and the City shall be given thirty (30) days prior written notice by certified mail, return receipt requested, of any cancellation, suspension or material change in coverage. The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. 11. MISCELLANEOUS. A. Federal Provisions. A portion of the funds for this project come from federal sources. The Federal Provisions contained in Exhibit C shall be adhered to by the Vendor. A. Licenses and Taxes. Vendor shall possess a current Bremerton Business License and any regulatory license required to fulfill Vendor's obligations under this contract. B&O taxes shall be paid when due, and Vendor, by this agreement, assigns any payments due under this contract to the City Clerk for payment of such taxes which have been declared delinquent. B. Conflict and Precedence. In the event of a conflict between the contract documents, the document which rates higher on the following list shall take precedence: l. Addenda, if any, 2. Contract, 3. Specifications, 4. Terms and Conditions, 5. Contractor's proposal. C. Documents Incorporated by Reference. The following documents are incorporated by reference, to include, but not be limited to: 1. Tenns and Conditions, 2. Specifications (Scope of Work), 3. Hydraulic Project Approval 4. Federal Provisions provided by FEMA 4. Proposal, and 5. Non-Collusion Affidavit. D. Nondiscrimination. In the hiring of employees for the perfonnance of work under this Agreement the Vendor, its subcontractors, or any person acting on behalf of Vendor shall not, by reason of race, religion, color, sex, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. E. Compliance with Laws. Vendor shall comply with all federal, state and local laws, rules and regulations throughout every aspect in the performance of this Agreement. F. Work Performed at Vendor's Risk. Vendor shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of this Agreement. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. G. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of Washington. If any dispute arises between the City and Vendor under any of the provisions of this Agreement, resolution ofthat dispute shall be available exclusively under the jurisdiction, venue and rules ofthe Kitsap County Superior Court, Kitsap County, Washington. H. Attorney's Fees. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall be responsible for payment of its own legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit; however, nothing in this subsection shall limit the City's right to indemnification under Section 9 of this VENDOR: Agreement. 1. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed below, unless otherwise notified. Any written notice shall become effective upon delivery, but in any event three (3) calendar days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement. Notices to be sent to: Notices to be sent to: VENDOR: ClTY: Attn: Attn: Forestry Manager City of Bremerton Public Works & Utilities 3027 Olympus Drive Bremerton, WA 98337 J. Assignment. Any assignment ofthis Agreement by the Vendor without the written consent of the City shall be void. K. Modification. No waiver, alteration, or modification of any of the provisions ofthis Agreement shall be binding unless in writing and signed by a duly authorized representative ofthe City and Vendor. L. Severability. If anyone or more sections, sub-sections, or sentences ofthis Agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this Agreement and the remainder shall remain in full force and effect. M. Entire Agreement. The written provisions and tenns of this Agreement, together with any attached Exhibits, supersede all prior verbal statements by any representative ofthe City, and those statements shall not be construed as forming a part of or altering in any manner this Agreement. This Agreement and any attached Exhibits contain the entire Agreement between the parties. Should any language in any Exhibit to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. IN WITNESS WHEREOF, the parties below have executed this Agreement. ClTY: City ofBremerton By: Print Name: Its: Date: By: Print Name: Its: Date: APPROVED AS TO FORM: By: Bremerton City Attorney ATTEST: By: City Clerk EXHIBIT A Scope of Work for Gorst Creek Debris Removal December 2007 storm events caused a failure of an old landfill on private land, to deposit debris downstream on City Water Utility property. There is an estimated 40 cubic yards of miscellaneous debris to remove. The debris is scattered downstream of the Highway 3 culvert for a distance of approximately 600 feet, and an average width of approximately 50 feet. Debris consists of glass, metal, wood, rubber, and plastic material. Some sharps may be encountered, which will be handled by Kitsap County Health District personnel, who will provide containers and disposal at no-cost to the project. Dumpsters will be provided at the edge of the worksite as shown on Map marked Exhibit B at no cost to the Vender. The following describes the scope of work: 1. Vender shall be permitted through Kitsap County Health District for this type of work. 2. Vender shall remove debris from the delineated area using hand methods. 3. Vender shall remove all visible material greater than one (1) inch or larger in size. 4. Visible material shall mean objects showing partially or completely above sediment or vegetation. 5. Vender shall bring to the attention of the project manager any sharps discovered in the project area. Project Manager shall notify Kitsap County Health District personnel for proper containment and disposal. 6. Vendor shall use personnel trained in debris removal methods and provide them with adequate personal protective equipment (PPE). 7. Dumpsters, hauling and disposal shall be provided by Kitsap County Heath District voucher. Dumpsters shall be placed near edge of project site. 8. Work shall be completed by November 15,2008 in accordance with the State of Washington Hydraulics Permit Approval obtained for this project. EXHIBIT B Location Map for Gorst Creek Debris Removal ,<:f\ " ~ Mapped, edited, and published by the Geoiogic2! Survey Control by USGS and NOS/NOAA ~~~~~r~~~+Yr>~~~~~\O;:::~;~r;c ~=~~,~d"Sb~~~:ri 19;; ^f^t i IOO~ lOCO SCALE 1 _J * ~G.N \. 'WOI?\< A'J.cA ....... A<:c:ESS eoAD t '* OLIMVS'TER PUH-sMEt\JT l-D<:.A'IOlJ EXHIBIT C Federal Provisions 10.12 FEDERAL CONTRACTING PROVISIONS It is the contractor's responsibility to comply with all state and federal law in performing all tasks undertaken with respect to this contract. All contracts awarded shall contain the following provisions as applicable and required by Federal and State law: 1. Equal Employment Opportunity - All contracts shall contain a provision requiring compliance with E.O. 11246, "Equal Employment Opportunity," as amended by E.O. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and as supplemented by regulations at41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." 2. Copeland "Anti-Kickback" Act (18 U.S.C. 874 and 40 U.S.C. 276c) -All contracts and subgrants in excess of $2,000 for construction or repair awarded by recipients and subrecipients shall include a provision for compliance with the Copeland "Anti-Kickback" Act (18 U.S.C. 874), as supplemented by Department of Labor regulations (29 CFR part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The recipient shall report all suspected or reported violations to the Federal awarding agency. 3. Contract Work Hours and Safety Standards Act (40 U.S.C 327-333) - Where applicable, all contracts awarded by recipients in excess of $2,000 for construction contracts and in excess of $2,500 for other contracts that involve the employment of mechanics or laborers shall include a provision for compliance with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327 -333), as supplemented by Department of Labor regulations (29 CFR part 5). Under Section 102 of the Act, each contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than 1 % times the basic rate of pay for all hours worked in excess of 40 hours in the work week. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 4. Rights to Inventions Made Under a Contract or Agreement - Contracts or agreements for the performance of experimental, developmental, or research work shall provide for the rights ofthe Federal Government and the recipient in any resulting invention in accordance with 37 CFR part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 5. Clean Air Act (42 U.S.C. 7401 etseq.) and the Federal Water Pollution Control Act (33 U.S.C.1251 et seq.), as amended - Contractors and subgrants of amounts in excess of $100,000 shall contain a provision that requires the recipient to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.) Violations shall be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 6. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) - Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose any lobbying in non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. 7. Debarment and Suspension (E.O.s 12549 and 12689) - No contract shall be made to parties listed on the General Services Administration's List of Parties Excluded from Federal Procurement or Nonprocurement Programs in accordance with E.O.s 12549 and 12689, "Debarment and Suspension." This list contains the names of parties debarred, suspended, or otherwise excluded by agencies, and contractors declared ineligible under statutory or regulatory authority other than E.O. 12549. Contractors with awards that exceed the small purchase threshold shall provide the required certification regarding its exclusion status and that of its principal employees. 8. PUBLIC LAW 88-352, TITLE VI OF THE CIVIL RIGHTS ACT OF 1964(42 U.S.C. 2000d et seq.) (24 CFR Part 1). The APPLICANT must comply with the provisions of "Public Law 88-352," which refers to Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.). The law provides that no person in the United States shall, on the grounds of race, color or national origin, be denied the benefits of, be excluded from participation in, or be subjected to discrimination under any program or activity receiving federal financial assistance. 9. SECTION 504 OF THE REHABILITATION ACT, 1973, AS AMENDED (29 U.S.C. 794). The APPLICANT must comply with Section 504 of the Rehabilitation Act of 1973, as amended, which provides that no otherwise qualified individual shall, solely by reason of his or her disability, be excluded from participation (including employment), denied program benefits or be subjected to discrimination under any program or activity receiving federal assistance funds. 10. AMERICANS WITH DISABILITIES ACT (42 U.S.C. 12101, et seq.) The APPLICANT shall comply with the provisions of the Americans with Disabilities Act, 42 U.S.C. 12101, et. seq. That Act provides a comprehensive national mandate to eliminate discrimination against individuals with disabilities. The Act may impose requirements on the APPLICANT in four principle ways: 1) with respect to employment; 2) with respect to the provision of public services; 3) with respect to transportation; 4) with respect to existing facilities and new construction. 11. THE NATIONAL ENVIRONMENTAL POLICY ACT OF 1969 (NEPA) (42 U.S.C Section 4321 etseq., and 24 CFR Part 58). The APPLICANT shall comply with the provisions of the National Environmental Policy Act of 1969. The purpose of this Act is to attain the widest use of the environment without degradation, risk to health or safety, or other undesirable and unintended consequences. Environmental review procedures, including determining and publishing a Finding of Significance or of No Significance for a proposal, are a necessary part of this process. Pursuant to these provisions, the APPLICANT must also submit environmental certifications to the DEPARTMENT when requesting that funds be released for the project. The APPLICANT must certify that the proposed project will not significantly impact the environment and that the APPLICANT has complied with environmental regulations and fulfilled its obligations to give public notice of the funding request, environmental findings and compliance performance. 12. EXECUTIVE ORDER 11990, MAY 24,1977: PROTECTION OF WETLANDS (42 F.R. 26961 etseq.) The APPLICANT shall comply with Executive Order 11990. The intent of this Executive Order is (1) to avoid, to the extent possible, adverse impacts associated with the destruction or modification of wetland, and (2) to avoid direct or indirect support of new construction in wetlands wherever there is a practical alternative. The APPLICANT, to the extent permitted by law, must avoid undertaking or providing assistance for new construction located in wetlands unless (1) there is no practical alternative to such construction, and (2) the proposed action includes all practical measures to minimize harm to wetlands which may result from such use. In making this determination, the APPLICANT may take into account economic, environmental and other pertinent factors. 13. EXECUTIVE ORDER 11988, MAY 24,1977: FLOODPLAIN MANAGEMENT (42 F.R. 26951 etseq). The APPLICANT shall comply with the provisions of Executive Order 11988. The intent of this Executive Order is to (1) avoid, to the extent possible, adverse impacts associated with the occupancy and modification of floodplains, and (2) avoid direct or indirect support of floodplain development wherever there is a practical alternative. If the APPLICANT proposes to conduct, support or allow an action to be located in a floodplain, the APPLICANT must consider alternatives to avoid adverse effects and incompatible involvement in the floodplain. If siting in a floodplain is the only practical alternative, the APPLICANT must, prior to taking any action (1) design or modify its actions in order to minimize any potential harm to the floodplain, and (2) prepare and circulate a notice containing an explanation of why the action is proposed to be located in a floodplain. 14. THE WILD AND SCENIC RIVERS ACT OF 1968, AS AMENDED (16 U.S.C. 1271 et seq.). The APPLICANT shall comply with the Wild and Scenic Rivers Act. The purpose of this Act is to preserve selected rivers or sections of rivers in their free-flowing condition, to protect the water quality of such rivers and to fulfill other vital national conservation goals. Federal assistance by loan, grant, license, or other mechanism cannot be provided to water resources construction projects that would have a direct and adverse effect on any river included or designated for study or inclusion in the National Wild and Scenic River System. 15. COASTAL ZONE MANAGEMENT ACT OF 1972, AS AMENDED (16 U.S.C. 1451 et seq.). The APPLICANT shall comply with the Coastal Zone Management Act of 1972, as amended. The intent of this Act is to preserve, protect, develop, and where possible, restore or enhance the resources of the nation's coastal zone. Federal agencies cannot approve assistance for proposed projects that are inconsistent with the state's Coastal Zone Management program except upon a finding by the U.S. Secretary of Commerce that such a project is consistent with the purpose of this chapter or necessary in the interests of national security. 16. THE ENDANGERED SPECIES ACT OF 1973, AS AMENDED (16 U.S.C. 1531 et seq.). The APPLICANT shall comply with the Endangered Species Act of 1973, as amended. The intent of this Act is to ensure that all federally assisted projects seek to preserve endangered or threatened species. Federally authorized and funded projects must not jeopardize the continued existence of endangered and threatened species or result in the destruction of or modification of habitat of such species which is determined by the U.S. Department of the Interior, after consultation with the state, to be critical. 17. THE RESERVOIR SALVAGE ACT OF 1960, AS AMENDED BY THE ARCHAEOLOGICAL AND HISTORIC PRESERVATION ACT OF 1974 (16 U.S.C. 469 etseq.). Underthe Reservoir Salvage Act, the APPLICANT must comply with provisions for the preservation of historical and archaeological data (including relics and specimens) that might otherwise be irreparably lost or destroyed as a result of any alteration of the terrain caused as a result of any federal construction project or federally licensed activity or program. Whenever the APPLICANT finds, or is notified in writing by an appropriate historical or archaeological authority, that its activities in connection with any federal funded construction project or federally licensed project, activity or program may cause irreparable loss or destruction of significant scientific, prehistoric, historical or archaeological data, the APPLICANT must stop work immediately and must notify the U.S. Secretary of Interior and the Department in writing and provide appropriate information concerning the project or program activity. 18. THE ARCHAEOLOGICAL AND HISTORICAL DATA PRESERVATION ACT OF 1974 (16 U.S.C. 469 a- 1 et seq.). The APPLICANT shall comply with the Archaeological and Historical Data Preservation Act, which provides for the preservation of historic and archaeological information that would be lost due to development and construction activities as a result of federally funded activities. 19. THE SAFE DRINKING WATER ACT OF 1974, AS AMENDED (42 U.S.C. Section 201, 300(f) etseq., and U.S.C. Section 349). The APPLICANT must comply with the Safe Drinking Water Act, as amended, which is intended to protect underground sources of water. No commitment for federal financial assistance, according to this Act, shall be entered into for any project, which the U.S. Environmental Protection Agency determines, may contaminate an aquifer that is the sole or principal drinking water source for an area. 20. THE FEDERAL WATER POLLUTION CONTROL ACT OF 1972, AS AMENDED, INCLUDING THE CLEAR WATER ACT OF 1977, PUBLIC LAW 92-212 (33 U.S.C. SECTION 1251 et seq.). The APPLICANT must assure compliance with the Water Pollution Control Act, as amended, which provides for the restoration of chemical, physical and biological integrity of the nation's water. 21. THE SOLID WASTE DISPOSAL ACT, AS AMENDED BY THE RESOURCE CONSERVATION AND RECOVERY ACT OF 1976 (42 U.S.C. SECTION 6901 et seq.) The APPLICANT must assure compliance with the Solid Waste Disposal Act, as amended. The purpose of this Act is to promote the protection of health and the environment and to conserve valuable material and energy resources. 22. THE FISH AND WILDLIFE COORDINATION ACT OF 1958, AS AMENDED (16 U.S.C. SECTION 661 et seq.) The APPLICANT must assure compliance with the Fish and Wildlife Coordination Act, as amended. The Act assures that wildlife conservation receives equal consideration and is coordinated with other features of water resources development programs. 23. RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION POLICY, CHAPTER 8.26 RCW. The APPLICANT shall comply with the provisions of Chapter 8.26 RCW and Chapter 365-24 WAC when its activities involve any acquisition of real property assisted under this Grant Agreement or the displacement of any family, individual, business, nonprofit organization or farm that results from such acquisition. 24. STATE ENVIRONMENTAL POLICY ACT (SEPA), CHAPTER 43.21 (C) RCW. The APPLICANT shall comply with the provisions of Chapter 43.21 (C) RCW and Chapter 197-11 WAC, the guidelines by which local agencies will (1) require environmental checklists from private and public entities considering an action potentially subject to the Environmental Impact Statement (EIS) requirement of SEPA, (2) make "threshold determinations" that such an action will not have a significant environmental impact, (3) provide for the preparation of a draft and final EIS if the action has significant impact, and (4) circulate the EIS to other agencies and interested parties. 25. NOISE CONTROL, CHAPTER 70.107 RCW. The APPLICANT shall assure compliance with the state Noise Control Act. Objectives of the Act are to assist local governments in implementing local noise ordinances and to control and reduce excessive noise in Washington. 26. SHORELINE MANAGEMENT ACT OF 1971, CHAPTER 90.58 RCW. The APPLICANT shall comply with the provisions of Chapter 90.58 RCW. This Act defines a planning program and a permit system, which are initiated at the local government level under state guidance. Its purpose is to protect and enhance the state's shoreline and it includes a comprehensive shoreline inventory process and a master program for regulation of shoreline uses. A permit application at the local level must be in compliance with those plans and consistent with the state Coastal Zone Management program if substantial developments and shoreline modifications occur, and a record of the application and decision must be submitted to the state. 27. STATE BUILDING CODE, CHAPTER 19.27 RCW; ENERGY RELATED BUILDING STANDARDS, CHAPTER 19.27A RCW; AND PROVISIONS IN BUILDINGS FOR AGED AND HANDICAPPED PERSONS, CHAPTER 70.92 RCW. The APPLICANT shall comply with the provisions of Chapter 19.27 RCW, Chapter 19.27 A RCW, Chapter 70.92 RCW and the regulations for building construction and for barrier free facilities adopted by the WC?shingtod State Building Code Council pursuant to these statutes. The State Building Code Act provides for a uniform state building code and mandates counties, cities and towns to administer and enforce its provisions. Local governments are authorized to modify the state building code to fit local conditions as long as such modifications do not result in a code that is less than the minimum performance standards and objectives contained in the state code. 28. OPEN PUBLIC MEETINGS ACT, CHAPTER 42.30 RCW. The APPLICANT shall comply with provisions of Chapter 42.30 RCW which require that all meetings of the governing body which pertain to this Grant Agreement shall be open to the public except those where specific provision is made for executive sessions pursuant to RCW 42.30.110. 29. LAW AGAINST DISCRIMINATION, CHAPTER 49.60 RCW. The APPLICANT shall comply with the provisions of Chapter 49.60 RCW in all activities relating to this Grant Agreement. 30. GOVERNOR'S EXECUTIVE ORDER 89-10, DECEMBER 11, 1989: PROTECTION OF WETLANDS, AND GOVERNOR'S EXECUTIVE ORDER 90-04, APRIL 21, 1990: PROTECTION OF WETLANDS. The APPLICANT shall ensure that it avoids any activities that would adversely affect wetlands and adequately mitigates unavoidable impacts. For the purposes of this requirement, except where a contrary definition is provided by statute, mitigation means: (1) avoiding the impact altogether by not taking certain action or part of an action; (2) minimizing impacts by limiting the degree or magnitude of the action and its implementation, by using appropriate technology, or. by taking affirmative steps to avoid or reduce impacts; (3) rectifying the impact by repairing, rehabilitating, or restoring the affected environment; (4) reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action; (5) compensating for the impact by replacing, enhancing, or providing substitute resources or environments; and (6) monitoring the impact and taking appropriate corrective measures. Mitigation for individual actions may include a combination of the above measures. Mitigation may not include any of the above measures to the extent that they may be contrary to statute as applied under the particular circumstances. Emergency work that is essential to save lives and protect property and public health is exempt from these provisions. AGENDA BILL CITY OF BREMERTON CITY COUNCIL BILL # 0 B - 22.1 "A DA TE SUBMITTED: October 1, 2008 ........................................................................................ SUBJECT: Resolution No. .1070 approving an interlocal agreement with Kitsap County for the transfer of real property and authorizing the sale of the sale of the CenCom property Committee Meeting Date: October 8, 2008 COUNCIL MEETING Date: October 15, 2008 Department: Public Works & Engineering Presenter: Michael Mecham Phone: 473-5288 SUMMARY: The City has received an offer to purchase the property commonly known as the CenCom property and an adjacent parcel currently owned by Kitsap County for $505,000. Kitsap County has agreed to transfer its property to the City in order to facilitate the sale in exchange for compensation in the amount of$100,000 to be paid from the proceeds of the sale. In the event the sale to the Johnsons does not close, the City will have the option to purchase the adjacent property. The proposed resolution approves the interlocal agreement with Kitsap County for the transfer of its parcel and authorizes the sale of the entire property to the Johnsons ATTACHMENTS: 1. Council Summary . 2. Proposed Resolution with attachments N".:3 ()-ro 3. Aerial Exhibit FISCAL IMP ACTS (Include Budgeted Amount): The Contingency Reserve Fund will receive the proceeds from the sale, less cost of purchasing the adjacent parcel ($100,000) and the costs of closing ( the transaction. \\......~c.. .tu-~ ~ ~..~ q,...,,,\o"s~~ Q,.,:-V'vv-."",~ "''''\ ~~",...t!i,\<~ ~,,~...~ -d.u~\-~~~ ~ ~ ~....,... ~ ~""'N\c..,~_\ ~o~~" (",,~,,"--\ ~VU~1 APPROVALS: ~ ''''-l- \C1AJo& DEPARTMENT DIRECTOR. CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: COMMITTEE CHAIR COUNCIL PRESIDENT: CONSENT AGENDA ~ GENERAL BUSINESS 0 PUBLIC HEARING 0 RECOMMENDED MOTION: Move to pass Resolution No. :30 70 approving the interlocal agreement with Kitsap County for the transfer of real property and approving a negotiated sale of the property common];>" !mown as the CenCom prop.ertYj ~ GU)...~oC"',:z..-€. ~e ..M4f6r '""f'y, Sf,,, ~ \ V\. ~{(?41l ~~l.4\.-~. COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action COUNCil SUMMARY SALE OF FORMER CENCOM/EMS PROPERTIES Summary The City of Bremerton has received an offer to purchase the former Cencom property and an adjacent parcel located at the corner of 17th Street and Warren Avenue. The adjacent parcel is owned by Kitsap County. The proposed resolution authorizes the transfer of the adjacent parcel to the City through an interlocal agreement and approves the sale of the properties to Judith V. Johnson and Mark M. Johnson. The potential purchasers are Judith V. Johnson and Mark M. Johnson. The Johnson's have proposed using the site for their company which does research, engineering and design of marine electronic components for navigation and gps. The proximity to Olympic college and an educated workforce, Puget Sound Naval Shipyard, ferry system and use of the existing antenna have placed this site above several others viewed by the Johnsons. Customers of the company include the United States Coast Guard, United States Navy and Homeland Security. Fiscal Summary The City will receive $505,000 for both parcels. The City will purchase the adjacent parcel from the County for $100,000. City of Bremerton Sale of Former CencomJEMS Properties September 1008 RESOLUTION NO. .~OIO A RESOLUTION of the City Council of the City of Bremerton, Washington, approving an interlocal agreement between Kitsap County and the City of Bremerton regarding the transfer of real property and approving a negotiated sale of the property commonly known as the CenCom property. WHEREAS, the City has received an offer to purchase the property commonly known as the CenCom property depicted in Exhibit A and legally described in Exhibit B from Mark and Judith Johnson; and WHEREAS, the offer to purchase the CenCom property also includes an offer to purchase adjacent property that is currently owned by Kitsap County, commonly known as the Department of EmergencyManagement Property (DEM property); and WHEREAS, the Johnsons have offered to purchase both the CenCom property and the DEM property for $505,000; and WHEREAS, RCW 36.34.130 and RCW 39.33.010 provide that the County may dispose of county property to another governmental agency by means of private negotiation and upon such terms as may be agreed upon and for such consideration as may be deemed adequate by the board of county commissioners; and WHEREAS, Kitsap County has offered to transfer the property to the City in order to facilitate the sale to the Johnsons in exchange for compensation in the amount of $100,000 to be paid from the proceeds ofthe sale of the entire property to the Johnsons; and WHEREAS, the City and Kitsap County desire to enter into an interlocal agreement for the transfer of the County owned property to the City in order to facilitate the sale of both parcels to the Johnsons; and WHEREAS, the interIocal agreement only obligates the Ciyt to acquire the DEM property if the sale to the Johnsons closes; and WHEREAS, the interIocal agreement between the City and Kitsap County also includes an option to purchase the property should the sale to the Johnsons not close; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Interlocal Agreement Between Kitsap County and the City of Bremerton Regarding the Transfer of Department of Emergency Management Property attached 1 Cen Com Property Sale hereto as Exhibit C is hereby approved and the Mayor is authorized to finalize and execute the agreement with substantially the same terms and conditions as presented. SECTION 2. The sale of the CenCom property and DEM property as described in the purchase and sale agreement attached hereto as Exhibit D is hereby approved and the Mayor is hereby authorized to finalize and execute any and all documents necessary, to complete the transaction. SECTION 3. Severability. If anyone or more sections, subsections, or sentences ofthis Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 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_ ,2008. WILL MAUPIN, Council President APPROVED AS TO FORM: ATTEST: CAROL ETGEN, City Clerk ROGER A. LUBOVICH, City Attorney R:lLegalILegal\FilesICurrent Active FileslCenCom BuildinglResolution Authorizing Sale.doc 2 CenCom Property Sale EXHIBIT A Map ~ . - 3/". __ ~ Ne cw ~ UIl.nS II01!l> lm1OlwIsr{1) --lJIl[~ +-~_..."""". o . 0ttIJ<.Ws TIU . -~... , I I I I I I I I I I I I I l' I I I I I I I I I I !'to I I ~I I I!: I I i I I I ----- I I I ~...~.m._. f ~ ' 'C--------~-- i H. LIN!: LOT 7 I W I I ~I I ......~....~.- ~ WI I "'/ > I I oCt: I l:r I I ti I I I'QI I I ~1 j I...... I I tJ I I I 'le- I i j ~ - ~Oic:liWCj 1-' \ 31U7'O<f:GtU NNKHT IE$T1llIftD JY \ COlSTIlUCTlIlN - REseT IY Cln ~"* _7. IlItIlmW.L Y seT t. "I I CITY 0CTlltE1l 14, 1'47 ~ 'II ~ Sl:T OI:T. 14, '''7 ~ IT CITY ~ IllOomi i:: ~ <UIt5> g.. .... . .. J"~ .. .~~ '4' ... L1N[ LlIT , BEFEIlEItcrs. I) arr (S Ml'WOmIw SO SOiU ~:I {MIIIrNOt OIWC:S) o...TtD _'M 1) ~ "-" lIT ..... ~ DOJtll 7/10/S4 3.) ~.-. lIT -. _ _ 7/21/.. J ~ ~~ {~, &~~ /It" !! ~.. :i i"'! ~~ ...:! ~ E- ,...., c:c ~ -- ...... >< [.I.J ~~ ~ \33~ IOUooOIT srr IT Cln- OF >>l:Klr7~ U7/47 <11/06> th STREET IlltUt[IfT ttT OCT. ft, 1"1 IY CITY OF MEMolTOH QlI~ I" ~ p' i 3D' 10' I Bar Scale (J" - 30') Cl'rYOF-- "'I 'GIir .....-. ...".. - ~-....-- ,.. .....,. ~ .5\.ne 11.(;. _ S.J. ~t;.r. F8 1".JO~ OIlllT F'OIl ~ $AU OF A I'OIlOOH OF GOV'T LOT 3 (NE 1/4. NE 1/4) SEC.14, T.24N.,R.l E.,W.M. KITSAP caJNlY, WASHINGTOIf ~....!-.,-!- EXHIBIT B Legal Description LEGAL DESCRIPTION Former CenCom Facility 1720 Warren Avenue in Bremerton A portion of Lots 6 and 7, Tract 4 of the Plat of Warren Smith's Acre Tracts as recorded in Volume 2, of plats, Page 51, records of Kitsap County, Washington, situate in Government Lot 3, Section 14, Township 24 North, Range 1 East, Willamette Meridian, Kitsap County, Washington, being more particularly described as: Be~g at the monument in case at the intersection of the centerline of 17 Street and the easterly margin of Elizabeth Avenue, being S 88024'23" E 1006.49 feet of an existing monument in case at the centerline intersection of Chester Avenue and 17th Street; thence N 88024'23" W 174.15 feet along the centerline of 17m Street to its intersection with the extension of the east line of the west half of said Lots 6 and 7; thence along said extension and east line N 1003'05" E 111.18 feet to the True Point of Beginning; thence continuing along said east line, N 1003'05" E 120.00 feet to a point 38 feet south of the north line of said Lot 6; thence N 88024'23" W 124.03 feet; thence S 1004'49" W 176.62 feet; thence along a left hand curve, the center of which bears S 88055'11" E 25.00 feet, through a central angle of 90030' 48" an arc distance of 39.49 feet; thence S 88024'23" E 42.20 feet; thence:N 1001 '20 E 81.08 feet; thence S 88024'23" E 57.43 feet to the True Point of Beginning. Together with and subject to a 15 foot easement for ingress and egress over and upon the property, the centerline of which is described as follows: Beginning at the northwest comer of the above described parcel, thence along the north line of above described parcel, S 88024'23" E 7.50 feet to the intersection with the centerline of said easement and the True Point of Beginning; thence S 1004'49" W 22.97 feet; thence S 39052'12" W 17.56 feet; thence S 1004'49" W 55.74 feet; thence S 46059'58" E 48.38 feet; thence S 1004'49" W 76.67 feet to the south line of the above described parcel and the terminus. (2/JIY f/tz/of /l/Jt1J)Q g;3.s~ 9tlol EXHIBIT B !&J!al Description Former Kitsap COWlty Emergency Management Services Facility Tax Parcel Number 3804-004-001-0205 914 17th Street in Bremerton That portion of Lot 7 I Tract 4, Warren SIlIith'. Ace. ~rncta, acco<<ling to plat CGCorded in V01Ul1l8 2 of Plata, Page 51, Records of KitBap Count.y, Washil\9ton, deecdbec1 as tollOWl5:' Beginning at the Northwut corner of &lizabet.h Avenue aM 17th Street at t.he Southeast corner of the East 20 teet of said Lot 7: thence West along South line thenof 129.95 feet to the True Point of &.ginnill9: thence North parallel to the Bast line of .-id Lot 7 a di8tance of 63.54 feet: thence East parallel to the South line of said Lot 0.9 feet: thence North parallel to the Eaat ~ine of Aid lot 7, 32.54 feet: thence Weat parallel to the SOuth l1ne of Said Lot 62.47 f..tJ thence South parallel to the But line 'of said Lot 96 feet, more or leas, to the SOuth line of Lot 7: thence East along ..id South line 61.5 feet, more or 1...., to the True Point of SegiMiR9: EXCEP'1' that poJ:tion therElOf as acquired by the City of Br8luecton in Kitaap County Superior Court Cause No. 64881. al>>Y t-/tz/oy /fY1 CJYl~ , 2~fbg cyt. pln';l ~ EXHIBIT B EXHIBIT C lnterlocal Agreement INTERLOCAL AGREEMENT BETWEEN KITSAP COUNTY AND THE CITY OF BREMERTON REGARDING THE TRANSFER OF DEPARTMENT OF EMERGENCY MANAGEMENT PROPERTY WHEREAS, Kitsap County Department of Emergency Management (DEM) owns property it is no longer using that is located within the City of Bremerton ("the DEM Property"), located at 1720 Warren Avenue in Bremerton, Washington, Kitsap County Tax Account Number, 3804-004-007-0205, legally described in Attachment A; and WHEREAS, the City of Bremerton owns property adjacent to the DEM property (Kitsap County Tax Account Numbers 3804-004-006-0107 & 3804-004-006-0305) that it wishes to dispose of ("the Cencom Property"); and WHEREAS, because of the configuration of the properties, both the DEM and the Cencom properties are more marketable and valuable if sold simultaneously to a third party; and WHEREAS, the City of Bremerton has procured a prospective purchaser for the properties, and has entered into a contingent Real Estate Purchase and Sale Agreement with Judith V. Johnson dated August 18,2008; and WHEREAS, RCW 36.34.130 and RCW 39.33.010 provide that the County may dispose of county property to another governmental agency by means of private negotiation and upon such terms as may be agreed upon and for such consideration as may be deemed adequate by the board of county commissioners. THE PARTIES AGREE: 1. Kitsap County will transfer, by quitclaim deed, the DEM Property to the City of Bremerton on the condition that the City remits to the County $100,000 (purchase price) upon the sale of the Cencom and DEM property. 2. The City agrees to pay to the County the amount stated in the preceding paragraph immediately upon closing the sale of the Cencom and DEM properties, currently scheduled for April 23, 2009. 3. The County will not be responsible for any commissions, listing fees, or closing costs. 4. The parties understand that City's obligation to accept the transfer of the property and to pay the purchase price to the County is conditioned upon the City's closing of the sale of the Cencom property. The City shall obtain the County's approval of escrow instructions for the sale of the Cencom and DEM property prior to closing the sale. Should the sale of the Cencom property not occur and the City does not give notice according to Paragraph 5 to purchase and " close the DEM property by June 30, 2009, this Agreement shall automatically terminate. City of Bremerton Kitsap County ILA Re: DEM Property Page 1 of3 5. Should the closing of the sale of the Cencom property not occur, the City has the option to continue with its purchase of the DEM Property. To exercise this option, the City shall give notice to the County by May 8, 2009 of its intention to purchase the DEM property and shall close the transaction by June 30, 2009. If, for any reason, the County transfers the property to the City, and the City has not remitted the money owing to the County set forth in paragraph 1 by June 30, 2009, the parties agree that the City will promptly take the steps necessary to revoke the transfer or reconvey the DEM property back to the County on such terms and conditions as the party agree. 6. This Agreement may be signed in counterparts. day of ,2008. DATED this BOARD OF COUNTY COMMISSIONERS KITSAP COUNTY, WASHINGTON STEVE BAUER, Chair ATTEST: JOSH BROWN, Commissioner Opal Robertson Clerk of the Board JAN ANGEL, Commissioner Remainder of Page Intentionally Left Blank City of Bremerton Kitsap County ILA Re: DEM Property Page 20f3 DATED this City of Bremerton Kitsap County ILA Re: DEM Property Page 30f3 day of ,2008. CITY OF BREMERTON CARY BOZEMAN, Mayor ATTEST: CAROL ETGEN, City Clerk APPROVED AS TO FORM: ROGER A. LUBOVICH, City Attorney COMMITMENT FOR TITLE INSURANCE Office File No.; E-226217 EXHIBIT "A" DESCRIPTION: PARCEL I: THAT PORTION OF LOT 7, TRACT, 4, WARREN SMITH'S ACRE TRACTS, ACCORDING TO THE PLAT RECORDED IN VOLUME 2 OF PLATS, PAGE 51. RECORDS OF KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF ELIZABETH AVENUE AND 17TH STREET, ALSO BEING THE SOUTHEAST CORNER OF THE EAST 20 FEET OF SAID LOT 7; THENCE WEST ALONG THE SOUTH LINE THEREOF 129.95 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH PARALLEL TO THE EAST LINE OF SAID LOT 7 A DISTANCE OF 63.54 FEET; THENCE EAST PARALLEL TO THE SOUTH LINE OF SAID LOT 0.9 FEET; THENCE NORTH PARALLEL TO THE EAST LINE OF SAID LOT 7. 32.54 FEET; THENCE WEST PARALLEL TO THE SOUTH LINE OF SAID LOT 62.47 FEET; THENCE SOUTH PARALLEL TO THE EAST LINE OF SAID LOT 96 FEET, MORE OR LESS, TO THE SOUTH LINE OF LOT 7; THENCE EAST ALONG SAID SOUTH LINE 61.5 FEET. MORE OR LESS, TO THE TRUE POINT OF BEGINNING; ATTACHMENT A EXHIDIT D Purchase and Sale Agreement REAL ESTATE PURCHASE AND SALE AGREE.MENT Bremcrton, Washington August 15th, 2008 This Real Estate Purchase and Sale Agreement (htteinafter called "Purchase Agreement") is by and between Judith v. Johnson, and/or assigns (hereinafter called "Buyer") who agrees to purchase, and City of Bremerton (hereinafter called .Seller") who agrees to sell, the property commonly known as the former CenCom property at 1720 Warren Avenue in Bremerton. Washington consisting of portions of KilSap County tax account parcel numbers 3804-004-006-0107 & 3804- ~5 AM;! the former Kitsap County EMS property at 914 17th Street in Bremerton, Washington and having Kitsap County tax account parcel nwnber 3804-004-007-0205 (hereinafter collectively called "subject property") within Kitsap County, Washington and legally described in Exhibit A attached and generally sketched in Exhibit B attached, on the following terms and conditions: 1. LEGAL DESCRIPTION. Buyer and Seller authorize Bradley Scott, Inc. (hereinafter called "broker") and/or escrow agent to add the legal description of the subject property if not fully and correctly dcscribed herein. Buyer and Seller hereby agree that should said legal description be incorrect or incomplete, the correct legal dcscription may be attached and incorporated by reference herein. The parties further agree that the legal description may be attached as an addendwn for the purposes of convenience. It is understood and acknowledged that the only property dimensions represented in this transaction are those stated in the most recently recorded legal description and/or plat map, and that the Seller does not make any reprcsentation as to the physical location of the above dimensions. Only a surveyor, licensed by the State of Washington, can locate the actual property boundary lines. Existing fences or other markings should not be considered as accurate unless evidence of a survey can be provided to substantiate them. 2. SUBDIVIDE PROPERTY. The subject property has not yet been fonnally created thru the subdivision process. The definition of boundaries for the subject property will be conveyed as depicted in Exhibit B attached (including the former Kitsap County EMS in the SE comer of the sketch), which matches the combined legal descriptions in Exhibit A attached. Seller shall be rcsponsible to complete the remaining necessary steps to formally create the subject property and be ready for closing no later than the date defined for closing of this transaction. Cost of subdividing to create the subject property shall be paid by Seller. Seller will act diligently to take the required steps in order to complete and record the intended short plat process for creating the subject property as soon as reasonably possible. 3. PRICE AND PAYMENT. Total purchase price is Four Hundred and Seventy Eight Thousand Dollars ($478,000). The pricing is broken down as $405,000 for the former CenCom property and $73,000 for the former Kitsap County EMS property. Said purchase price includes earnest money deposit referenced herein. Said purchase price shall be payable from Buyer to Seller as aII cash in U. S. Funds at time of closing for this transaction. 4. FINANCING CONDITION. This Purchase Agreement is subject to the Buyer's ability to secure financing forlon the subject property that is suitable to complete this transaction with terms that are satisfactory to Buyer. Buver a.ree5 to make a :eood faith effort and di1iPeDtlv ou.nue obtainfn. such ti~ochur to the best of Buver's ability. In the event that Buyer delivers written rejection of Buyer's ability to obtain satisfactory financing prior to date of termination of this Purchase Agreement, then this Purchase Agreement is null and void JIKI herein receipted earnest money shall be returned to Buyer (except as otherwise noted in this Purchase Agreement) less any unpaid cost of preliminary title report or commitment. Failure of Buyer to provide written rejection of said fmancing prior to timeldate of termination of this Purchase Agreement shall mean that the Buyer accepts their ability to obtain fmancing and that this condition is automatically removed as a condition of purchase from this Purchase Agreement. Buyer will have the option to waive this condition and proceed to close this transaction prior to the tennination of this Purchase Agreement 5. EARNEST MONEY DEPOSIT. The earnest money deposit from Buyer shall be $5.000. By not later than 5 business days following date of mutual acceptance of this Purchase Agreement, Buyer shall deliver to escrow agent a check in the amount of $5,000 as earnest money in partial payment of the pmchase price. Escrow agent is instructed and authorized by Buyer and Seller herein to deposit any check as earnest money deposit into broker's trust account only after mutual written acceptance by Buyer and Seller of this Purchase Agreement. In the event the Buyer fails. without legal excuse, to ~C~ 'ifi[i rfi-zh~ Initials g)jJ7 Date REAL ESTATE PURCHASE AND SALE AGREEMENT - Page 2 of 7 complete the purchase of the subject property, the earnest .money deposit made by the Buyer shall be forfeited to the Seller as the sole and exclusive remedy available to the Seller for such failure. If the earnest money deposit is to be deposited by Brolcer and is over ten thousand dollars, then the entire earnest money shall be deposited into . selling licensee's pooled trust account - separate trust account in selling licensee's name with interest credited to . Buyer . SeIler whose social security or tax payer identification number is . If this sale fails to close, then whoever is entitled to the earnest money, shall be entitled to the interest 6. TITLE. Title of Seller is to be free of encwnbrances or defects EXCEPT those acceptable to Buyer and any encumbrances to be assumed by Buyer. Federal patents or state deeds; existina reservations, building. or use restrictions general to the district; any existing tenancies; reserved oil and/or mineral rights; existing easements which are not inconsisteut with buyer's intended use; building and zoning regulations or provisions shall not be deemed encumbrances or defects. Encumbrances to be discharged by Seller may be paid by escrow agent out of purchase price money at time of closing. 7. TITLE INSURANCE. SeIler to furnish Buyer with a title insW1UlCe policy on the subject property at time of closing. The title policy shall be at Seller's expense, except as noted elsewhere in this Purchase Agreement with regard to cancellation fees. The title policy to be issued shall be a standard form ALTA owner's policy. Title to be shown by preliminary title insurance report or commitment furnished through Land Title Company at 9657 Levin Road N.W., Silverdale, Washington 98383 PHONE 800-950-4321.2[ (360) 692-2233 FAX (360) 692-2244 within fifteen (IS) days of mutual acceptance of this Purchase Agreement by Buyer and Seller .QI as otherwise specified within this Purchase Agreement Delivery date of said preliminary title report or commitment or any supplemental reports or endorsements to Buyer shall be dermed as three (3) days following date that title company mails said policy or report or commitment to Buyer. Buyer shall have fourteen (14) days after said delivery date to provide Seller with written notice specifically identifying any exceptions noted in the policy or report or commitment just received which are unacceptable to Buyer. If title is not so insurable as provided in paragraph #6 above, and CIIJlJlot be made so insurable by date of closing as provided within this Purchase Agreement, then this Purchase Agreement shall become null and void and the earnest money shall be refunded to Buyer less any unpaid cost of the preliminary title report or commitment cancellation fee. Seller shall have until said date of closing to attempt to eliminate any unacceptable exceptions from Che title of the subject property. If SeIler, at Seller's sole option. chooses not to attempt to eliminate said unacceptable exceptiones) from the title of the subject property, then Seller shall direct broker in writing to return earnest money to Buyer less any unpaid cost of the preliminary title report or conunitment cancellation fee m this Purchase Agreement shall become null and void. Buyer shall retain option to provide written withdrawal of prior disapproval of any exceptions to broker and proceed to closing providing said written withdrawal is delivered to broker prior to a) return of earnest money and b) mutual acceptance of a written rescission agreement of this Purchase Agreement. Failure of Buyer to provide written disapproval to brolcer of any exceptiones) in said policy or report(s) or commitment(s) within the allowed time period shall mean that the Buyer approves and accepts of said policy or report or commitment. 8. CONVEYANCE. Fee title to the subject property shall be conveyed from Seller to Buyer at time of closing by StatutoIy Wmanty Deed. Buyer shall not ass1iD Buyer's position in this Purchase Agreement without prior written approval from the Seller. Seller's approval may not be unreasonably withheld. 8. CWSING. The sale sball be closed in the office of Land Title Escrow Company (herein called "escrow agent") at 9657 Levin Road N.W., Silverdale, Washington 98383, (360) 692-4033 or 1-800-950-4321 or FAX (360) 692-8669 by not later than Friday, April 23rd. 2009, which shall also be the termination date of this Purchase Agreement. :":r UId Seller mutuaJIv uree that dosi112 is desired U SooD as aU cobditiollS of tIUs I"urchue A~nt _" _ been ..tisfted and the escrow neat hu DteDal'edlrec:eived aU dMll_~ a~.~rv -;; ci;; this in: Do Closing for purpose of this Purchase Agreement is defined as the date of recording for the conveyance document. Buyer and Seller upon demand of either will deposit with escrow agent all instruments and funds DCCesSary to complete the closing for this Purchase Agreement. Buyer and Seller shall each pay one-half of the escrow agent's fee. Escrow agent is authorized to deduct/collect and pay the brokerage fee referenced for this transaction. Buyer and Seller authorize escrow agent to prepare the documents necessary to close this sale of the subject property in accordance with the terms and conditions of this Purchase Agreement. Time is of the essence in this Purchase Agreement This Purchase Agreement shall be construed and interpreted under the laws of the state of Washington. Initials ~ 9Jl;;C?f/IY #~ ~/f/O~ ~.~/a-- Date REAL ESTATE PURCHASE AND SALE AGREEMENT - Page 3 of 7 10. PRO-RATED ITEMS. Real estate taxes, personal property taxes, rents, insurance., interest, mongage reserves, and all other services on the subject propeny which are the responsibility of the Seller shall be prorated as of the date of closing for this Purchase Agreement. Escrow agent is authorized and instructed to prorate all such items, except utilities, as of date of closing. Escrow agent is notified that Buyer and Seller shall prorate utilities outside of escrow for this transaction. Escrow agent shall have no responsibility to prorate utilities in this transaction. All prepaid rents, tenant security or damage deposits, and other deposits for the subject property shall be transferred or assigned through escrow agent from Seller to Buyer at closing. Seller to pay-off any utility, ULID, or road improvement liens owing against the subject property at time of closing through escrow agent. Any other items which are normally prorated including, but not limited to, service or maintenance contracts shall be prorated by escrow agent as of date of closing. Buyer to contact appropriate utility companies within two (2) business days of closing to sign/register as owner of the subject property. Seller authorizes escrow agent to deduct and pay at time of closing any real estate transaction tax for the subject property required by governmental authorities. n. PROPERTY CONDITION. Buyer accepts the subject property and its related equipment and systems in AS-IS condition EXCEPT as otherwise stated within this Purchase Agreement AND subject to Buyer's Feasibility Study in irem #21 below. Seller makes no warranty nor guarantee re&arding the condition or maintenance of the subject property and its related equipment and systems. Buyer understands that seller makes no representation or warranty with respect to compliance with local, state or federal laws regarding accessibility or non-discrimination as to people with disabilities, including but not limited to, the Americans With Disabilities Act. 12. ZONING AND USE. Buyer accepts full responsibility for Buyer's research of the subject property through appropriate regulating ageucies regarding zoning, allowable uses, building requirements, environmental compliance, fue and safety code requirements, and development restrictions affecting the subject property. Seller and broker make no representation, guarantee or warranty regarding said zoning, uses, requirements, compliance, and restrictions related to the subject property. . 13. HAZARDOUS MATERIAL REPRESENTATION. The tenn "hazardous waste or materials or substances" as used in this Purchase Agreement is used in its very broadest sense and includes, but is not limited to, materials and substances designated as hazardous under federal, state, or local act or ordinance. In compliance with Chapter 70.l0SD of the Revised Code of Washington. Seller hereby notifies Buyer that to the best of the Seller's knowledge the subject property does not contain and is not contaminated with any hazardous waste or material or substance and is not in violation of any environmental law. Seller makes no representation regarding latent or unknown hazardous or environmental contamination at the subject property. 14. UNDERGROUND TANK. Buyer acknowledges the existence of an underground oil tank located on the along the westerly edge of the subject property and adjacent Warren Avenue. The tank is understood to fuel the g~tor inside the building. Buyer intends to investigate the feasibility of retaining the generator and oil tank to potentially complement their business activity at the subject property. Buyer will complete their investigation dwing their Feasibility Study in item #20 below and provide written feedback to Seller regarding their conclusions. In the event Buyer concludes they do not wish to retain the oil tank at the subject property, then Seller agrees, at Seller's expense, to remove the existing undergrQUDd oil tank, test the soil, and fill the remaining hole with soil. Said removal shall comply with State of Washington Department of Ecology guidelines for removal of such tanks. Seller to complete said tank removal work in a timely manner after receiving notice from Buyer. 15. CONDITIONAL USE PERMIT. Buyer desires to occupy the subject property with their business, Shine Micro, Inc. Buyer understands the subject property is zoned Low Density Residential which requires a Conditional Use Permit under the Adaptive ReUse Ordinance prior to occupancy. It is Buyer's belief their intended business use is an approvable use per item (b) of section 20.46.070 of the Bremerton Municipal Code. This Purchase Agreement is subject to Buyer obtaining a Conditional Use Permit with terms agreeable to Buyer for their intended business occupancy of the subject property by not later than date of closing for this transaction. Buyer shall make application for the Conditional Use Permit as soon as reasonably possible, and pursue the Conditional Use Permit to the best of their ability Wltil reaching a conclusion. Buyer to provide written approval or rejection to Seller of the adequacy of said Condition Use Permit In the event the Buyer detennines the tenns of the Conditional Use Permit to be unsatisfactory to Buyer at Buyer's discretion. :~. ~ ~~ REAL ESTATE PURCHASE AND SALE AGREEMENT - Page 4 of 7 then this Purchase Agreement shall be considered terminated and the earnest money returned to Buyer according to the terms of this Purcl1ase Agreement. 16. USE OF COMMUNICATIONS TOWER. Buyer desires to use the existing communications tower as part of their business activity at the subject property. Buyer's use of the communications tower will be in strict compliance with FederaI Communications Commission (FCC) rules and regulations. which prohibits interference with local household electronics or appliances. This Purchase Agreement is subject to Buyer obtaining satisfactory approval (not later than date of closing for this transaction) from the City of Bremerton and any other necessary regulatory entities for use of the communications tower as part of their business activity at the subject property. In the event the Buyer is not able to obtain satisfactory approval for use of the communications tower, then Buyer shall have the option of delivering written rejection notice to Seller and this Purchase Agreement shall be considered terminated and the earnest money returned to Buyer according to the tenns of this Purchase Agreement. 17. BRIDGE RUNNING UGHTS. It is undetStood the controls for the running lights on the Warren Avenue Bridge Ire located within the former CenCom building it the subject property. These controls and the running light system are the property of the Washington State Department of Transportation. The Seller has accommodated this system without COmpensation from the State of Washington. There is no written agreement for this arrangement Buyer acknowledges this arrangement Inl1 agrees to allow the State of Washington to remove their controls from the buildina at the former CenCom building by not later than 6 months following date of closing for this transaction. The Seller to promptly inform the State of Washington in writing of this agreement for the State to vacate the controls from the former CenCom building with a copy sent directly to the Buyer. The Seller will also be responsible to inform the State of Washington in writing upon date of closing for this transaction that the State has 6 mon~ to vacate their controls from the former CenCom building. Buyer agrees to allow access into the former CcnCom building for State of Washington personnel or their contractors to complete the removal of their controls. It is understood there are no electrical charges or electrical meter within the subject property associated with the bridge running lights or their related controls. If it is determined the running lights or their related controls are connected to the electrical mcter(s) serving the subject property, then, in the event the State docs not promptly do so, the Seller will reimburse the Buyer for estimated electrical costs related to the running lights or their controls for the interim period between date of closing for this transaction IIIll the date the controls are removed from the subject property. Seller takes responsibility to ensure the State of Washington completes !heir controls removal work in a professional, worIananJike, and timely manner. 18. CITY COUNCIL APPROVAL. This Purchase Agreement is subject to formal approval by City Council for the City of Bremerton. Seller commits to obtain feedback from the City Council no later than 60 days following mutual acceptance of this Purchase Agreement City Council approval shall mean this contingency is removed as a condition of purchase from this Purchase Agreement. City Council rejection shall mean that this Purchase Agreement is null and void IIIl1 herein receipted earnest money shall be returned to Buyer. 19. EMS PROPERTY OWNERSHIP. It is understood the Kitsap County EMS property is currently owned by Kitsap County. Further, it is understood the City of Bremerton has an agreement with Kitsap County by which the City can take control of the Kitsap County EMS property in order to pass ownership to the Buyer under the terms of this Purchase Agreement This Purchase Agreement is subject to Kitsap County approval of this sale by no later than 60 days following mutual acceptance of this Purchase Agreement between Buyer and Seller herein. Kitsap County approval shall mean this contingency is removed as a condition of purchase from this Purchase Agreement. Kitsap County rejection shall mean that this Purchase Agreement is null and void .ml herein receipted earnest money shall be returned to Buyer. 20. ACCESS EASEMENT. Seller has indicated their intention to create and record an casement for ingress and egress of City of Bremenon personnel from 17th Street to Rotc Vista Park for official business of City of Bremerton. The casement is generally outlined in the drawing attached as Exhibit B and referenced within the Legal Description in Exhibit A. Seller will complete this casement documentation and will record said easement on the subject property no later than date of closing for this transaction. Buyer agrees to cooperate in allowing recording of said casement on the subject property. Cost of creating and recording said easement shall be paid by Seller. 21. FEASIBILITY STIJDY CONTINGENCY. This Purchase Agreement is subject to the Buyez completing a satisfactory "":: ~~8U""~;; ""'iect pro....". SaUl feasibility otudy ...11 be y,,""""" ID B_ " al1lJk JiJfit ~/n/~ . Date REAL ESTATE PURCHASE AND SALE AGREEMENT - Page 5 of 1 Buyer's sole discretion. Buyer's feasibility study may include, but not limited to, an inspection of the building & grounds; review of any lease agreements on the subject property; review of any contracts & maintenance agreementS; and investigation into the fuel tank per item .14 above. Sello- agrees to furnish Buyer with any and all environmental, uchitectural, engineering, soils, and any other studies or drawings pertaining to the subject property that Seller has in their DOssession. Seller to deliver said items to Buyer within 7 business days of mutual acceptance of this Purchase Agreement. Buyer shall be responsible to promptly pay the cost of any and all reports, studies, engineering, environmental investigation, inspections, etc. desired by Buyer as part of Bu~'s feasibility study. In the event that Bu~ fails to close this transaction, then Buyer agrees to promptly return copies of any such reports or studies to Seller at no cost to Seller. Buyer (and Buyo-'s consultants) shall be allowed to entO" the subject property at reasonable times in order to complete Buyer's feasibility study. Buyer shall be responsible to promptly repair any "damage" to the subject property which may occur while conducting Buyer's feasibility study. To the best of Buyer's ability, Buyer shall conduct their work related to this feasibility study in a professional manner. Buyer shall provide written "acceptance" or "rejection" of Buyer's feasibility study contingency to agent by not later than Ninety (90) days follOwing mutual acceptance of this Purchase Agreement Buyer's written acceptance of Buyer's feasibility study contingency to agent shall mean that Buyer's feasibility study contingency is removed as a condition of purchase from this Purchase Agreement. Buyer's written rejection of Buyer's feasibility study contingency to Igent within said time period shall mean that this Purchase Agreement is null and void IlK! herein receipted earnest money shall be returned to Buyer. Failure of Buyer to provide written acceptance or rejection of Buyer's feasibility study contingency to agent within the time pericxi allowed shall mean that the Buyer accepts BUF's feasibility study contingency and that Buyer's feasibility study contingency is removed as a condition of purchase from this Purchase Agreement. 22. NON-FOREIGN SELLER STATUS. Seller certifies that Seller is not a foreign person or entity. Seller further certifies that Seller is a United States taxpayer. Buyer and Seller authorize escrow agent to prepare the necessary affidavit required to comply with Internal Revenue Code Section 1445 regarding tax withholding requirements for foreign persons or entities. 23. POSSESSION. Buyer shall take possession of the subject property at the time of closing for this Purchase Agreement. Seller agrees to maintain all grounds and all improvements in their present condition, reasonable wear and tear excepted, and otherwise continue to manage the property in the same manner until the close escrow. If the subject property shall become destroyed or materially damaged by fire or other casualty prior to closing, then this Purchase Agreement may become null and void at Buyer's sole option providing Buyer promptly delivers written notice to broker. In this event the earnest money deposit shall be refunded to Buyer less any unpaid cost of preliminary title report or commitment cancellation fee. U. FAX ACCEPTANCE & COUNTERPARTS. Buyer and Seller herein accept Ind approve that signed FAX copy and signed e-mail copy shall be considered binding acceptance for purposes of this Purchase Agreement. Buyer and Sello- agree that acceptance in counterparts is agreeable for mutual acceptance of this Purchase Agreement. Buyer and Seller agree to follow-up and deliver by mail or in person a single fully signed and completed original Purchase Agreement document immediately after obtaining acceptance by FAX or counterparts. 25. FORMAL ENTITY OF BUYER. Buyer intends to create a Limited Liability Company or other suitable entity under which Buyer will take ownership of the subject property at time of closing. Buyer shall work diligently to finalize creation of such entity so as to be ready for closing in a timely manner. 26. OFFER TERM. Buyer offers to purchase the subject property on the terms and conditions ooted herein. This Purchase Agreement offer is made sUbject to approval by the Seller not latel" than 3:00 PM PDT Friday, August 220<1, 2008. It is understood the City Council must make fonnal approval of this Purchase Agreement as a condition of Seller selling the pro~ as outlined in item II 8 above. In consideration of broker submitting this Purchase Agreement to Seller, Buyer agrees with broker not to withdraw this offer during said period or until rejection thereof by Seller. Buyer agrees that written notice of acceptance given to broker by Seller shall be notice to Buyer. If Seller does not accept this agreement within the time specified, then the broker shall refund the earnest money to Buyer upon demand. Initials i~ ~~~ Date REAL ESTATE PURCHASE AND SALE AGREEMENT - Page 6 of7 27. INTEGRATION. Buyer and Seller agree that there are no oral or written representations which are not contained herein mKl that there are no verbal or other agreements which modify or effect this Purchase Agreement Jmt that this Purchase Agreement supersedes any prior understanding(s) or agreement(s) between Buyer and Seller for purchase and sale of the subject property 1M that Bradley Scott. Inc. is in no way responsible for the delivery of title or possession or condition of the premises. All representations by Seller in this Purchase Agreement are limited to the best of Seller's knowledge. The captions and headings within this Purchase Agreement are for referenc~nly and shall DOt diminish the intent of its content In the event that either Buyer or Seller consists of more than one person or entity, then the obligations herein shall be joint and several to all parties within applicable Buyer or Seller, unless otherwise agreed between Buyer and Seller within this Purchase Agreement. Buyer represents that Buyer has sufficient ftmds to close this sale in accordance with this Purchase Agreement, and is not relying on any contingent source of funds or gifts unless expressly set forth elsewhere in this Purchase Agreement This Purchase Agreement affects the legal rights and obligations of the Buyer and Seller. BroUr is DOt authorized to give legal or tax advice. No representation or recommendation is made by broker regarding the legal sufficiency, legal effect, or tax consequences of this Purchase Agreement or related transaction. Buyer and Seller are encouraged to consult with their respective attorneys regarding these questions before signing this Purchase Agreement. In the event that any key date for performance according to this purchase agreement shall occur on a weekeod or holiday, then the effective date for perfunnance shall automatically become the next business day. H, by reason of any default on the part of Buyer or Seller in the performance of any of the tmns or provision of this Purchase Agreement it becomes reasonable for either party to employ an attorney, then the defaulting party agrees to pay the non- defaulting party's costs, expenses, and attorney's fees reasonably expended or incurred in connection with such default whether or not litigation is commenced. The undersigned declares that they possess the legal authority to sign this Purchase Agreement for the Buyer herein. The undersigned Buyee acknowledges receipt of a true copy of this Purchase Agreement 28. AGENCY DISCLOSURE. At the signing of this Purchase Agreement the listing broker, Victor C. Ulsh of Bradley Scott. Inc, represented the Seller. Each party signing this Purchase Agreement confirms that prior oral and/or written disclosure of agency was provided to them in this transaction. Buyer and Seller confirm receipt of the pamphlet titled "The Law of Real Estate Agency," In the event different agents from Bradley Scott. Inc. represent Buyer and Seller, each party signing this Purchase Agreement consents to be designated broker of Bradley Scott, Inc. acting as a dual agent In the event the same agent(s) from Bradley Scott, Inc. represent both Buyer and Seller, each party signing this Purchase Agreement consents to those agents representing both Buyer and Seller acting as dual agents. BUYER: Judith V. Johnson and/or Assigns CONTACT FOR NOTICES: WK (360) 437-2503 1234 Shine Road Port Ludlow, Washington iudv@shinemicro.com 98365 ~~V~#it /} Jte.".X -111 ~ 8";' do 2l Mark M, Johnson date SELLER'S AGENT: Bradley Scott, Inc. 400 Warren Avenue, Suite 450 Bremerton, Washington 98337 Bremerton Line: (360) 479-6900 Toll Free: (800) 479-6903 FAX: (360) 479-5499 by Victor C. Ulsh Date Initials Q)7J tlt QIfJtt ~1f6/o% fJ!ii Y/7Z!~ Date REAL ESTATE PURCHASE AND SALE AGREEMENT - Page 7 of7 29. ACCEPTANCE AND FEE AGREEMENT. The undersigned Sella accepls the terms and conditions offered by the Buyer herein and approVC$ the sale; acknowledges that Bradley Scott. Inc. was !he procuring cause of the sale; agrees to deliver the con~yance document and other instruments in ICCOrdance with this agreement: agrees to pay Bradley Scott. Inc. a brokerage fee as per listing agreement for its service rendered in being the cause of this sale. Said fee shall be due and payable upon the close of this transaction. In e~t the earnest money is forfeited, then said earnest money shall be divided equally between Seller and broker after deduction of expenses incurred by broka and provided that the amount to brolca does not exceed the agreed brokerage fee. In case of suit or action on the collection of the brokerage fee or real estate coD1Dlis5ion fee due to Bradley Scott. Inc., the prevailing party shall be entitled to reasonable attorney's fees. The undenigoed declares that they possess the legal authority to liign this Purchase Agreement for the Sella herein. The undersigned further acknowledges receipt of a true copy of this Purchase Agreement signed by Buyer. SELLER: City ofBremerton By Phil Williams Director of Public Works and Utilities date date Seller's Point of Contact for City of Bremerton is Gunnar Fridrilcsson WI( (360) 473-2354 E-Mail ~.fridrjksson@ci.bremerton.wa.us 3027 Olympus Drive Bre~n,WA 98310 Initial< '7h8 /L, ~ Date liltf/og 'Ilti!d ~ !&.eal Description Former Kitsap County Emergency Management Services Facility Tax Parcel Number 3804-004-007-0205 914 17th Street in Bremerton That portion of Lot 7, Tract 4, Warren Smith' a Acn 'J:CD.cts, accocding to plat recorded in Vo1Ul1e 2 of Plata, Page 51, Recorda of Kitsap County, Washington, daeccibed as follows: Beginning at the Northwest cotner of !.lizabeth Avenue and 17th Ste..t at the SOUtheut corner of the East 20 f.et of said Lot 7: thence West along South line thereof 129.95 feet to the True Point of Beginning; thenc. North parallel to the Baat I1ne ot aaid Lot ? a distance of 63.54 f.etJ thence East parallal to the South line of said Lot 0.9 feet; thence North parallel to the East ~ine of Aid lot 7, 32.54 teet: thence Weat parallel to the South line of Said Lot 62.47 feet J thence SOUth parallel to the Bast line 'of said Lot 96 feet, more or less, to the South line of Lot 7; thence East along said South line 61.5 f.et, more or leu, to the True Point of BegiMing: EXCEPT that po~tion thereof as acquired by the City of Bcesuecton in Kiblap county Superior Court Cause No. 64881. c;?/)1J/ trla/ of /)Yl con ~ , 3~-fbg 9ff. y!}r)t V L/ Exhibit A LEGAL DESCRIPTION Former CenCom Facility 1720 Warren Avenue in Bremerton A portion of Lots 6 and 7, Tract 4 of the Plat of Warren Smith's Acre Tracts as recorded in Volume 2, of plats, Page 51, records of .Kitsap County, Washington, situate in Government Lot 3, Section 14, Township 24 North, Range 1 East, Willamette Meridian, Kitsap County, Washington, being more particularly described as: Be~g at the monument in case at the intersection of the centerline of 17 Street and the easterly margin of Elizabeth Avenue, being S 88024'23" E 1006.49 feet of an existing monument in case at the centerline intersection of Chester Avenue and 17th Street; thence N 88024'23" W 174.15 feet along the centerline of 17th Street to its intersection with the extension of the east line of the west half of said Lots 6 and 7; thence along said extension and east line N 1003 '05" E 111.18 feet to the True Point of Beginning; thence continuing along said east line, N 1003'05" E 120.00 feet to a point 38 feet south of the north line of said Lot 6; thence N 88024'23" W 124.03 feet; thence S 1004'49" W 176.62 feet; thence along a left hand curve, the center of which bears S 88055' 11" E 25.00 feet, through a central angle of 90030'48" an arc distance of 39.49 feet; thence S 88024'23" E 42.20 feet; thence N 1001 '20 E 81.08 feet; thence S 88024'23" E 57.43 feet to the True Point of Beginning. Together with and subject to a 15 foot easement for ingress and egress over and upon the property, the centerline of which is described as follows: Beginning at the northwest comer of the above described parcel, thence along the north line of above described parcel, S 88024'23" E 7.50 feet to the intersection with the centerline of said easement and the True Point of Beginning; thence S 1004'49" W 22.97 feet; thence S 39052'12" W 17.56 feet; thence S 1004'49" W 55.74 feet; thence S 46059'58" E 48.38 feet; thence S 1004'49" W 76.67 feet to the south line of the above described parcel and the terminus. Q!>>Y i/tz/of /lYJQ)l>4 gl.7?~~ 9tlol Exhibit B ~Imo~:"[~ 't:' CASE. HIl"""'OfT $H :'10/47 <1"0" ::: !! .. .. COJ M.T 1 ..:; - I ~~ ~ i <11/06' . . CHESTER AVEN~ ........."'. >-~l~ ~ - ..3i'(~T,;;f?-I.L~~T['Z .. ~I ~ ~ Z3...0. ("fAS.' &i --<. - a~ ~i' l ~ ~; r I, I' ~ f //;, :>C , :s . ~~ II ~ I ,~ q>" .'. j f; . [-11.1I.' Ii i 11:1'1' ~: .. . I ~ i I .~r'!" ; ~ : I~' . [~ '1 ~J' Uti... I . ~ . ,I ~~~,~~r ,~ HGt'03 I~~ jl",!H I ~ .. I ~ I ~ I I ~ , I . I I ~~~ k ; I I ..,E~ f ! rI I ~I'" 1< I Ii' ,.. I I iJ ~ I , ~ I ~ I I I I " , NoI'OI'20 I q iii I I 'E - '511.11' ---_..1 ' I "~'<HATN[ L_ / J;ft - ~ :--~~:~~~~~;l---------- ~I r'1 r- _ NOI'ol'ro~ \. 101~ -i ~ ,-- ~~ a!f~il I J I i~ ~gf RiU j I i Ii! a,..~ . I " ~ b~~ tl l:I Iii .:a:m, j e ; ; ~~:Q g~' ~ :. ~;!f ~ E '.t.......c ... ... wn ...(~ I '1' 1_ i ~- r~ ifi~ SOl "O".4T\i 'w'AF!~AVEl'iue:: - J'I'~ ~ · .,';~ ill; I ~ C) o c.n <. i iTl-i () ~:...5i ;~: I N-~ ~.j>.Z~ 'ZfT1j;; .' i'!::u-~ !!!. ....... 9!!......-l>-'"' ~f'1. ~ i~z ! . fT1 i 3: ~ , - ....... .j>. ....... .\ r ~ ,. -------- ---- --- ---- --- ------ ---------- 9t!:y gqt/,.r/Jfr ~:;Pt iiril nil " ~ ~e R Ii ! ul ~~ I ~ a t .0+1-13 j Ii j jil:~ ~ !! ,Ill ~ j' . i a _5 - ..,.., ~ ...- l \ _ ADDENDUM A The Real Estate Purchase and Sale Agreement dated August 15th, 2008 between Judith V. Johnson andlor assigns, as Buyer, and the City of Bremerton, as Seller, of the subject property commonly known as the former CenCom property at 1720 Warren Avenue in Bremerton, Washington consisting of portions of Kitsap County tax account parcel numbers 3804-004-006-0107 & 3804-004-006-0305 AND the former Kitsap County EMS property at 914 17th Street in Bremerton, Washington and having Kitsap County tax accoWlt parcel number 3804-004-007-0205, is revised and continued as follows: 1. PURCHASE PRICE. The total purchase price for the subject property is Five Hundred Five Thousand Dollars ($505,000). The pricing is broken down as $405,000 for the former CenCom property and $100,000 for the former Kitsap County EMS property. 2. BOUNDARY LINE ADJUSTMENT. This is a clarification to terminology used in item #2 of the main body in the Purchase Agreement. The formal process to create the subject property shall be a Boundary Line Adjustment, which the Seller will be responsible to complete for the subject property as otherwise outlined in item #2 of the Purchase Agreement. 3. UNDERGROUND TANK. Clarification to item #14 of the main body of the Purchase Agreement. Buyer accepts the subject property and the underground oil tank subject to satisfactory conclusion of Buyer's Feasibility Study contingency. Seller does not agree to remove the tank or perform further testing as suggested in item #14. 4. OFFER TERM. Seller's counter-offer to Buyer shall automatically expire if not accepted in writing by Buyer prior to 3PM PDT Friday, August 29,2008. APPROVED AND ACCEPTED: ~7rr/ t) f ~so% 9f2- Z;;a;;p~ Mark M. Johnson date C~~n y/z-~6W Phil Williams date Director of Public Works and Utilities Point of Contact is Gunnar Fridriksson E-MAIL gunnar.fridriksson@cLbremerton.wa.us Contact Information Contact Information 3027 Olympus Drive Bremerton, W A 98310 WK (360) 473-2354 FAX (360) 473-5398 EXHIBIT FOR SALE OF A PORTION OF GOV'T LOT 3 (NE 1/4, NE 1/4) SEC.14, T.24N.,R.1 E.,W.M. KITSAP COUNTY, WASHINGTON o 60' 120' I Bar Scale (1"=60') ~ (J) ......... co co o <( z LJ ~ q ~ o U I Z W U ./ LJ ~ q ./ ~ o U I Z W U ./ (\J q q ---1 ./ Vl I- U W J o (k: Q... ./ I- DATE SUBMITTED: September 30. 2008 BILL # 08-222.. AGENDA BILL CITY OF BREMERTON CITY COUNCIL '8 ........................................................................................ SUBJECT: Ordinance No. ~amending BMC section 13.04.140 relating to the sale of beer and wine at Olympic Soccer and Spolis Center in Pendergast Park. Committee Meeting Date: October 8, 2008 COUNCIL MEETING Date: October 15, 2008 Department: Parks and Recreation Presenter: W. Birkenthal Phone: (360) 473-5752 SUMMARY: The owners of the Olympic Sports and Soccer Center (OSSC), an indoor facility which operates through a concession agreement managed by the Parks and Recreation Department, has petitioned the City to allow the sale of beer and wine within the mezzanine food service area of the OSSC building. The proposed ordinance amends BMC section 13.04.140 to allow the sale of liquor under certain conditions at the Olympic Sports and Soccer Center. On August 26, 2008, the Park Board (voting 5 in favor, 1 opposed) recommended the ordinance to City Council. On September 15th, the Public Safety and Parks Committee narrowed the language of the proposed ordinance to state "sale of beer and wine" in place of using the general term "alcohol". ATTACHMENTS: Olympic Soccer Request Memo; Park Board Minutes; Park Board Correspondence FISCAL IMPACTS (Include Budgeted Amount): No direct fiscal impact. APPROVALS: DEP AR TMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: COMMITTEE CHAIR COUNCIL PRESIDENT: CONSENT AGENDA 0 GENERAL BUSINESS PUBLIC HEARING 0 RECOMMENDED MOTION: Move to pass Ordinance No. 5060 amending BMC Section 13.04.140 relating to the sale of beer and wine at Olympic Soccer and Sports Center. COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action ORDINANCE NO. 5'0"0 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Section 13.04.140 of the Bremerton Municipal Code relating to liquor in City Parks. WHEREAS, the City Council desires to update the provisions of Section 13.04.140 of the Bremerton Municipal Code relating to alcohol in within the Olympic Soccer & Sports Center concession area; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 13.04.140 of the Bremerton Municipal Code entitled "Liquor" relating to City Parks is hereby amended to read as follows: 13.04.140 LIQUOR. It is unlavdul to consume within any City park any liquor as defined in RC\V 66.01.010(23), as enacted and hereinafter amended, except within the boundaries of the Harborside Fountain Park for events permitted by the V.rashington State Liquor Control Board fllltk (a) "^....dministercd by the operator of the Kitsap Conference Center at Bremerton Harborside; or (b) Sponsored by the City. It is unlawful to serve or consume, within any City park, any liquor as defined in RCW 66.04.010(23), as enacted and hereinafter amended, except when; (a) Harborside Fountain Park. Within the boundaries of the Harborside Fountain Park; (1) permitted by the Washington State Liquor Control Board, and (2) such service ofliquor is administered by the operator of the Kitsap Conference Center at Bremerton Harborside or the event or activity is sponsored by the City. (b) Pender2ast Re!donal Park - Indoor Soccer Center. Within the mezzanine food service area of the Olympic Soccer & Sports Center ("Indoor Soccer Center") located within Pendergast Regional Park when; (1) permitted by the Washington State Liquor Control Board, (2) such service ofliquor is administered by the operator ofthe Indoor Soccer Center, and (3) such service and consumption is limited to beer and wine. SECTION 2. 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 ordinance and the same shall remain in full force and effect. 1 Pendergast Park - Olympic Soccer & Sports Center 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. PASSED by the City Council the day of ,2008 WILL MAUPIN, Council President Approved this day of ,2008 CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: CAROL ETGEN, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the EFFECTIVE the ORDINANCE NO. day of day of ,2008 ,2008 R:\Legal\Legal\Ordinances\Parks\BMC 13.04.140 Pendergast2.doc 2 Pendergast Park - Olympic Soccer & Sports Center ( . 0: : ~.:, -8: - Qj--.^ S'-' (;)-- --, C ~.' ..' - I't - '.J. ,.,.,' . .... ~- . ,; Olympic So-ccer & Sports Center at Pendergast Regional Park -1199 Union Ave in Bremerton PO Box 5047 Bremerton, W A. 98312-0466 (360) 479-8388 June 13, 2008 Bremerton City Council 345 6th St Suite 600 Bremerton, VVA.98337 VV e are writing this letter to ask for yo:ur assistance. As you are aware Olympic Soccer and Sports Center, (OSSC) has been in operation at 1199 Union, Ave. since January 1002. Until rooently~ we have been successful in the sense of continuing our growth since our inception by provid.ing indoor soccer and other recreational activities for people in Bremerton and the surrounding community. In 2007 we saw a serious decline in our customer base. This is especially difficult for us since the construction of the 2nd large field in December 2007. The new construction essentially doubled our operating costs. At the time we made the decision to spend the money and effort to construct the 2nd field there were a significant number of teams that we were not able to provide recreation for due to field availability. Since that time anew facility, The Zone opened in Poulsbo. The Zone is in direct competition with us. We expected to lose some of our customer base due to The Zone but our concerns were minimal. We de~ermined th;lt the players living in the Northern part of the County .and Bainbridge Island would-migrate to the Zone and . we would most likely ~plit the central area. This would open up some field capacity for us to' provide services to people living in the Bremerton, South Kitsap and Belfairareas that were not being served. Our projections have not been as we had anticipated. As we expectedl most of the players living in the North part of the county and BI left OSSC to play at the Zone. What we didn It mtticipate is that a significant number of players and teams from Central- Kitsapand the Bremerton area also left. Ibis beconies extremely difficult especially during our off season when most of our youth teams move outdoors. The adultteams -play year round and have in the past kept us viable during the summer months. What we have recently experienced is that many adult teams have left to play at the Zone. At OSSC we are at a disadvantage to our nearby competition. Both the Zone and the Tacoma Soccer Center have the ability to pr-ovide alcoholic beverages to their adult -customers. The Zone provides beer and wine and Tacoma has a full service bar. Our overall revenue including-league fees; tournamentsl food, and field and room rentals has decreased by 22% since 2006 and that trend continues. We have lost 7 adulfteams as a direct result of the amenities provided by the Zone. This equates to $27l300 just in league fees alone. r, We are not lC)oking at selling beer for the sake of selling beer-, what we would like to do is provide the option of light alcoholic beverages so that the . adult players would st~.yaround after their game. This would provide a relaxed enviromnent in which the players could discuss the game, possibly have a beverage and something to eat frC)m our cafe. Currently, many players leave our facility after their game and go somewhere else to have a beverage, a bite to eat and talk. We would like to have the ability to have our customers stay at our facility, and have the teams . that left return. OSSC cannot sUrvive on league fees and field rentals alone. We offer other services such as a cafe, batting cage, Pro shop, conference rooms, but we are at a disadvantage when it comes to corporate sponsored events, as well as private events. We feel that in no way oUr ability to sell beer would interfere with the family atmosphere.we have worked so hard to create at OSSC. Beer sales would not become the focal of our business, we already have in place a policy that players cannot play if they have been drinking alcohol and that policy will not change. OSSC is a business, and we feel our decision to sell beer will improve our business, its just as well understood that if we allowed incidents to occur due to alcohol, it would have a detrimental effect on our business. There are several examples of recreational facilities in our Community in which alcohol is served and there is never an issue. The Zone and Gold Mountain Golf course which is located on City Land. are just two examples. Both businesses' have programs for youth and adults yet have policies in place that allows for the sale of aloohol. Other examples are the Tacoma Soc;cer Center, Arena Sports which. own several soccer facilities in King County and Star Fire. Star Fire is the premier indoor and outdoor soccer facility in the State and according to. CEO magazine is rated as one of the top Soccer Complexes in the United States. Star Fire is also located on Tukwila City Parks land, so what we are asking is not uilprecedented. . OSSC pays over $17,000 per year in taxes on property that we can never own. The only asset we have is our business. It is impe:rativeforour survival that we can compete on a level playing field. We are asking that you help support our .business model so that we can continue to provide recreational opportunities for people in the community. Th.an.k you ~or your consideration. in this matter. SinCerely, Dennis Michael 360-731-5128 - Cell . cc: The Honorable Caty Bozeman, City of Bremerton BREMERTON PARKS & RECREATION COMMISSION REGULAR BUSINESS MEETING Minutes of June 24, 2008 Sheridan Community Center, 680 Lebo Blvd., W A 98310 Absent: Staff: Wanda Butler, Terry Boyle, Joan Dingfield, Douglas Groneman, Matthew Keough, Richard Nerf William North Colette Berna, Wyn Birkenthal, Tom Cressman, Jeff Elevado and Barbara Forbes Attendance: I. Meeting Called to Order at 5:58 p.m. by Chailman Joan Dingfie1d. II. Approval of Agenda: Add-V4. Parks and Recreation Conunission Schedule. M/S/CIU (Keough/Butler) III. Public Comments: None IV. Approval of Minutes - May 27, 2008. M/S/CIU (GronemanlButler) V. Business Item: 1. Olympic Soccer & Sports Center at Pendergast Park (Birkenthal). Dennis Michael and Paula Souza, owners of OSSC, explained that they have experienced a serious decline of their customer base since 2007. Although a significant number of players and teams from Central Kitsap and the Bremerton area had left; they attributed some of the decline of the adult teams to a new sports facility in Poulsbo that sells alcohol. They asked that they be allowed to sell alcoholic beverages as an option for adult players. Mr. Birkenthal reported that the cunent park code does not allow alcohol in any of the parks except for a portion at the Harborside Fountain Park. Councilman McConnell asked the Commission to review two ordinances: 1) 13.04.140 Liquor, and 2) 13.12.030 (a) Procedures to Surplus or Change Use: ...A significant change in use shall mean any activity which does not compliment or support a recreational activity. He stated that if the Commission recommends the proposal to the City Council; it would need a unanimous vote to pass. The Commission asked that the item be tabled to the next meeting on July 29th; they also requested that the City Attorney be invited to the meeting. 2. 2008 Park Department Community Development Block Grant Applications. a. Kiwanis Park Renovation Phase I - The chain link fence will be extended to the back of the park, irrigation improvements at soccer field, and replace the softball field with play meadow. b. Bluebeny Park Public Garden Improvements - The community gardens has been identified as an ineligible expense for the grant. The Bremerton Urban Garden Society will assist with some funding for the improvements. c. Summer Playground Program in the Parks - The program will be held at five sites (Haddon, Manette, Evergreen, Anderson Cove and Armin J ahr Elementary School). The free lunches are funded by a federal grant. 3. Update on the joint School District - City planning process to site and define a future middle school, community center and park in west Bremerton. Representatives from the City and the Bremerton School District will discuss a RFP for architect services to provide a design study and site recommendation. COlmnissioners Nerf and Keough will represent the Parks and Recreation Commission at the meetings. 4. Schedule of Meetings of the Parks and Recreation Commission. The meeting scheduled on July 221ld was rescheduled to July 29th. VI. Staff Reports: 1. Upcoming Events and Programs . Playground programs to run June 30th through August 81h at the five sites mentioned above. . East Park Meltdown - A special event sponsored by the Parks and Recreation Department, Bremelion Ice Center and the Kitsap Family YMCA to celebrate the beginning of summer. . 2nd Annual Skate Board Competition at East Park on June 28th. . 5th Annual West Sound Senior Games from July ih through 12th. . Stephenson Canyon - LDS Church volunteer clean-up project scheduled for June 28th. VII. Commissioners' Comments and Questions Boyle: What is the status of the disc golf issue? The department is researching the issue. Butler: She has been attending the planning meetings for the 100th Evergreen Park Celebration; the date has been changed from Sept. 6th to Sept. 13th. Dingfield: The POlt of Bremerton has provided an area for dogs. GrOllcmall: Did Parametrix provide a final presentation? No, the latest was a 60% completion. Keough: He is now working for Kitsap County Parks. If there is a conflict on an issue between the City and the County, he may have to excuse himself from hearing the issue. BREMERTON PARKS & RECREATION COMMISSION REGULAR BUSINESS MEETING Minutes of July 29, 2008 Sheridan Community Center, 680 Lebo Blvd., Bremerton,W A 98310 Attendance: Wanda Butler, Joan Dingfield, Matthew Keough, Richard Neff and Bill North Absent: Terry Boyle and Doug Groneman Staff: Colette Bema, Wyn Birkenthal, Tom Cressman, JeffElevado and Barbara Forbes I. Meeting Called to Order at 6:00 p.m. by Chairman Joan Dingfield. II. Approval of Agenda: MiS/CfU KeoughINerf ill. Public Comments: None IV. Approval of Minutes - May 27, 2008. M/S/C (Groneman/Butler; Abstain: North) V. Business Item: 1. Olympic Soccer & Sports (Birkenthal). During the monthly Commission meeting in June, OSSC had presented a proposal to sell alcohol in their facility located at Pendergast Park. During the meeting, Councilman McConnell commented that if OSSC were allowed to sell alcohol at the park, it would be a significant change in use. As stated in BMC 13.12.030, a unanimous vote of the full Council membership is necessary to sell any of the park assets or to significantly change their use. The Commission requested to table the item to the July meeting, and invite the City Attorney to clarify the language of "significant use". City Attorney, Roger Lubovich, does not believe their proposal will affect the code. assC's main component is recreation activity. If they were allowed to sell alcohol, it would not change the primary focus or use ofthe facility. He believes this is not a legal issue, but a policy issue to be considered by the Commission and City Council. After some discussion, the Commission would like to notify the public ofOSSC's proposal. The department will ask the public for input during the next Commission meeting of August 26th. 2. Boardwalk Update (phil Williams, Director of Public Works & Utilities). Mr. Williams explained that the Boardwalk's 3-part project is a landmark representing the City's revitalization (I-replace a failing, unsafe sewer line; 2-combine maintenance access requirements within the 3200' overwater boardwalk; and 3-remediate contaminated and unsafe property along the shoreline which will expand to Evergreen Park). The City has secured $14.3 million towards the $24.5 million project. The remaining funds needed is for construction costs only. The completion timeline for the park construction, park remediation and boardwalk is 2010-2011. He expects the beach restoration to be completed in 2010. VI. Staff Reports: 1. Upcoming Events and Programs . The maintenance division is irrigating Blueberry Park. . The department has applied for CDBG grants for Kiwanis Park, Blueberry Community Gardens, Evergreen Park and Ma1:at1 Playground. . Staff has started demolition of the Sr. Center's kitchen (renovation project). VII. Commissioners' Comments and Questions Dingfield: She thanked Mr. Williams for updating the Commission on the Boardwalk project. Keough: How much RCO grants did the City receive for the Boardwalk? 3 million. Nerf: Does the City have any of the test results for the Boardwalk project on its website? No. but we can do that. . VIR Adjournment @ 7:55 p.m. Next Meeting Scheduled/or August 26, 2008 BREMERTON PARKS & RECREATION COMMISSION REGULAR BUSINESS MEETING Minutes of August 26, 2008 Sheridan Community Center, 680 Lebo Blvd., Bremerton ,WA 98310 Attendance: Wanda Butler, Joan Dingfield, Douglas Groneman, Matthew Keough, Richard Nerf and Bill North Absent: Ten)' Boyle .. Staff: Colette Bema, Wyn Birkenthal, Tom Cressman, Jeff Elevado and Barbara Forbes I. Meeting Called to Order at 6:00 p.m. by Chairman Joan Dingfield. II. Approval of Agenda: M/S/C (NOlthlGroneman) III. Public Comments: None IV. Approval of Minutes - July 29, 2008. M/S/C (Nerf/Butler, Abstain: NOlih) V. Business Item: 1. Consideration of City Code amendment to allow alcohol sales at Olympic Soccer and Sports Center in Pendergast Park (Birkenthal). During the July 29th Commission meeting, the Commission requested the department to notify the public before they can respond to the Center's request to sell alcohol in their facility. The department had placed the notice on the City's website for over two weeks, placed one display advertisement in the Kitsap Sun, and two notices in the special meeting section of the Kitsap Sun. PUBLIC COMMENT: Dennis Michael (Owner): The proposal is a business decision to gain back some of the market. He understands the Commission's concerns, but believes they will have the controls in place to head off incidents. If the Code is amended, it will allow the Center to compete at a level playing field. David Connolly: Before OSSC opened, he would drive to Gig Harbor and Tacoma to play indoor soccer. He would occasionally drink alcohol after a game at these facilities. He believes OSSC will not allow incidents to escalate. He would like to see OSSC be viable in their business. Carol Johnson: She also supports OSSC's proposal. Motion to approve the proposed ordinance to amend BMC 13.04.140 relating to liquor in City Parks. M/S/C (Nerf/Dingfield), (Approve: Butler, Dingfield, Groneman, Keough, Nerf; Oppose: North). The item will be presented to the Public Safety and Parks Committee on September l5lh. 2. 2009 Budget Outlook (Birkenthal). The general fund will be tight in 2009 due to real estate tax collections down by more than 50% of projections, rising fuel costs, and an increase in medical premiums for employees. The department mainly uses real estate tax collection for capital projects. Since the general fund will be tight, the department will continue to look at other funding sources. One of these sources is the City's lodging tax. The department will be interviewed by the Lodging Tax Advisory Committee in two weeks. The Commission advised the depattment to identify the level of service that may occur if programs and services are not properly funded (e.g. Concerts in the Park, maintenance of Harborside). 3. Kiwanis Park Improvements Update (Berna). The Depaltment is working with the Kiwanis Club to make improvements to the park. Surveys have been mailed to residents to help determine desired park features to benefit the neighborhood. A public workshop has been scheduled for Sept. 91h at the park. VI. 1. Upcoming Events and Programs . Evergreen Centelmial Celebration on Sept. 13th . Fall brochure to be distributed at the end of the month. . 14th Arumal Blackberry Fun Run on Aug. 30th . Kitchen renovation has commenced at the Senior Center. . Ranked #1 in the State for a $500,000 grant for the Evergreen Park project (Chevron building). VII. Commissioners' Comments and Questions Butler: The Evergreen Centennial Celebration Committee is looking for volunteers. Nerf: Complimented staff who worked on the Festival of Arts for Children, Dxum Concert and the Shakespeare performance. VIII. Adjournment @ 7:57 p.m. Page 1 of3 Wyn Birkenthal To: Dingfield, Joan Subject: RE: From: Dingfield, Joan [mailto:jodingfield@seattleschools.org] Sent: Monday, September 15, 2008 11:05 AM To: Wyn Birkenthalj Richard Nerfj City Council Cc: The Mayor Subject: RE: Good morning, councilors. Thank you, Dick, for your description of the issues presented in the potential sale of beer and wine at the Pendergast concession. As chair of the commission, I'd like to also add that I was very comfortable with this decision- making process and its outcome. The City Council should know that the public was afforded every opportunity to provide input, as commissioners asked for more information over the period of three meetings; a public hearing (including extra public notice) also took place in the last meeting. Bringing an outside community perspective to this process, if you wiD, this method of control over the sale of alcohol also seems to be a thoughtful, careful approach. Through the structure of the concession agreement, the City of Bremerton can maintain a specific control at each site authorized through the ordinance process. In this case, as commissioners expressed concern about maintaining the family atmosphere at the soccer facility, extra language was included to define a more specific portion of the concession footprint for alcohol sales, rather than allowing it over the entire facility. This multi-step approach should help ease community fears of allowing alcohol sales to run amok in every City park, because . It is an arduous and time-consuming process that has multiple opportunities for public input . It allows City-owned facilities to be managed in a way that reflects community interests Thanks to Wyn Birkenthal and Roger Lubovich for the research and information provided during the process. You are being well served by City staff. Joan Dingfield Executive Assistant to the School Board Seattle Public Schools PO Box 34165, MS 11-010 Seattle WA 98124-1165 Ph: (206) 252-0041 Fx: (206) 252-0101 -----Original Messagem-- 1011/2008 Page 1 of 1 Wyn Birkenthal From: Richard Nerf [rbnerfjr@comcast.net] Sent: Saturday, September 13, 2008 11:10 AM To: City Council Cc: Wyn Birkenthal; Dingfield, Joan On September 15 the Public Safety & Parks Committee will be considering the Parks and Recreation Commission's recommendation that permission be given to allow service of beer and wine at the Olympic Sports and Soccer Center (OSSC) in Pendergast Park. Since jury duty may prevent my attendance at the meeting, I would like to submit the following testimony. My purpose is to show that the Commission's recommendation is a prudent one, based on careful consideration of all recognized factors. I believe that responsible consumption of alcohol can add to the enjoyment of meals and recreation. (Ben Franklin is quoted: "Beer is living proof that God loves us and wants us to be happy." ) But we all know from experience that irresponsible use of alcohol can lead to quite unpleasant consequences and even major damage to both the drinker and those around. However, to be fair, our laws must protect us from the citizen suffering from alcohOlism (or bad judgment) without unduly restricting the enjoyment of those citizens who can drink responsibly. For me, a prudent balance of the good and bad of alcohol consumption requires that the supplier: -- be committed to responsible consumption, -- have sufficient control over the situation to prevent most irresponsible consumption, and -- have a tangible stake in the proper outcome, so that significant failures can be readily punished. I believe that OSSC meets these requirements. -- Mr Michael (and testifying players) made a believable case that serving beer and wine could substantially help him to recover business lost to the Zone. -- Mr Michael presented a thoughtful analysis of what responsible use of alcohol would look like (when, how much, where, ...) in the OSSC environment. -- Mr. Michael presented an implementation plan that appears to ensure responsible consumption. -- Parks Director Wyn Birkenthal researched the experience of other Washington soccer venues that allowed alcohol sales. He showed that alcohol was served at a number of venues and that had not been a significant problem with any of them. To caution us, he also showed an example of American soccer hooliganism, but this seemed irrelevant to the OSSC situation. -- If OSSC fails to achieve a proper outcome, we can penalize them promptly, removing the permission based on the concession agreement, rather than requiring a change to the Municipal Code. One of the strongest arguments against our decision is that we are setting a dangerous precedent and that we needed a broad policy, rather than addressing alcohOl in the parks on case-by-case basis. Even though I above enumerated requirements to use on a case-by-case basis, I lack the wisdom to try to create a general policy that would produce the basic fairness that we seek. Ri chard N erf Parks & Recreation Commission 1600 Madrona Point Drive Bremerton W A 98312 10/1 /2008 Page 1 of 1 ~A Lori Smith From: Lori Smith on behalf of City Council Sent: Wednesday, October 15, 2008 10:29 AM To: Adam Brockus; Brad Gehring; Carol Arends; Cecil McConnell; Dianne Robinson; Michael Shepherd; Nick Wofford; Roy Runyon; Will Maupin Cc: Wyn Birkenthal; Roger Lubovich; The Mayor; Carol Etgen Subject: FW: Citizen Comment - Meeting Tonight - Olympic Soccer Center and Alcohol Importance: High Hello, I just saw there is a meeting tonight re: the serving of beer and wine at Olympic Indoor Soccer Center (http://WwVII.oIYl1Jpicindoor::>Qccer.com/news_ view .aspx?articleid=41). I do not support this and wonder if my voice can be heard, even though I cannot attend the meeting. Another concern I have is that I do not wish to voice my opinion in front of the soccer center's representatives. Our children play at this center and I do not wish to cause any hard feelings with the center's employees or owners by our objections to the Soccer Center's pursuit of serving alcohol. At a very minimum, should they be allow~d to serve alcoholic beverages, we would like to restrict the beverages to a certain constrained area, and not allow them to take them to the "general public" areas where there are scores of children (from O-years on up) playing on fields, in bleachers, etc. This sets a bad example for the kids, inevitably will lead to trouble with inebriated individuals, etc., etc. 10/15/2008 Page 1 of 1 Lori Smith From: Lori Smith on behalf of City Council Sent: Friday, October 10, 20082:36 PM To: Adam Brockus; Brad Gehring; Carol Arends; Cecil McConnell; Dianne Robinson; Michael Shepherd; Nick Wofford; Roy Runyon; Will Maupin Cc: Wyn Birkenthal; Roger Lubovich; The Mayor Subject: FW: Citizen Letter - Beer and Wine at OSSC FYI... From: Phillip Hamilton [mailto:philliph@zythophilia.com] Sent: Friday, October 10, 2008 2:31 PM To: City Council Subject: Beer and Wine at OSSC As a resident of district 7, I would like to add my voice of support to the motion to allow beer and wine sales at OSSc. The atmosphere in that facility is more like a gathering of friends and family, rather than the raucous party atmosphere so many people seem to think will take over if this change is allowed. Please allow the change. Thank you, Phillip Hamilton 10/1 0/2008 Page! ofJ Wyn Birkenthal To: Dingfield, Joan Subject: RE: From: Dingfield, Joan [mailto:jodingfield@seattleschools.org] Sent: Monday, September 15, 2008 11:05 AM To: Wyn Birkenthal; Richard Nerf; City Council ec: The Mayor Subject: RE: Good morning, councilors. Thank you, nick, for your description of the issues presented in the potential sale of beer :;md wine at the Pendergast concession. As chair of the commission, I'd like to also add that I was very comfortable with this decision~ maldng process and its outcome. The City Council should know {'hat the public w:as afforded every OpPOI'tunity to provide input, as commissioners asked for more information over the period of three mectings1 a public hearing (including exh'a public notice) also took place in Ule last meeting. Bringing an outside community perspective to this process, if you will, thi1 method of control over the sale of alcohol also seems to be a thoughtful, careful approach. Through the structure of file concession agrc(~ment, the City of Bl'cmerton can maintain a specific control at each site authorized through the ordinance process. In this case, as commissioners expressed cOIH~crn about maintaining the family atmosphere at the so(~cer facility, extra langmlge was included to define II more specific portion of the concession footprint for alcohol sales, fatlter than allowing it over the entire facility. This multi-step approach should help ease community fears of allowing alcohol sales to run amok in every City park, because . It is an arduous and time-consuming process tltat has multiple opportunities for public input: . it .lliows City,.owned facilities to be 1U1lnagcd in n way that rdlcds community interests Thanks to Wyn Bid<.enthal and Roger Luhovich for the rcscardl and information provided durin~ th(~ pro(:css, Y 011 are being well served hy City staff. Joan Dingfield Executive Assistant to the School Board Seattle Public Schools PO Box 34165, MS 11-010 Seattle WA 98124-1165 Ph: (206) 252-0041 Fx: (206) 252-0 liB --mOriginal Messagem-- !O/1I2008 Page I of 1 Wyn Birkenthal From: Richard Nerf [rbnerfjr@comcast.net] Sent: Saturday, September 13, 200811:10 AM To: City Council Cc: Wyn Birkenthal; Dingfield, Joan On September 15 the Public Safety & Parks Committee will be considering the Parks and Recreation Commission's recommendation that permission be given to allow service of beer and wine at the Olympic Sports and Soccer Center (OSSC) in P(~ndergast Park. Since jury duty may prevent my attendance at the meeting, I would like to submit the following testimony. My purpose is to show that the Commission's recommendation is a prudent one, based on careful consideration of all recognized factors. I believe that responsible consumption of alcohol can add to the enjoyment of meals and recreation. (Ben Franklin is quoted: "Beer is living proof that God loves us and wants us to be happy." ) But we all know from experience that irresponsible use of alcohol can lead to quite unpleasant consequences and even major damage to both the drinker and those around. However, to be fair, our laws must protect us from the citizen suffering from alcoholism (or bad judgment) without unduly restricting the enjoyment of those citizens who can drink responsibly. For me, a prudent balance of the good and bad of alcohol consumption requires that the supplier: -- be committed to responsible consumption, -- have sufficient control over the situation to prevent most irresponsible consumption, and -- have a tangible stake in the proper outcome, so that significant failures can be readily punished. I believe that OSSC meets these requirements. __ Mr Michael (and testifying players) made a believable case that serving beer and wine could substantially help him to recover business lost to the Zone. __ Mr Michael presented a thoughtful analysis of what responsible use of alcohol would look like (when, how much, where, .,,) in the OSSC environment. -- Mr, Michael presented an implementation plan that appears to ensure responsible consumption. -- Parks Director Wyn Birkenthal researched the experience of other Washington soccer venues that allowed alcohol sales. He showed that alcohol was served at a number of venues and that had not been a significant problem with any of them. To caution us, he also showed an example of American soccer hooliganism, but this seemed irrelevant to the OSSC situation. -_ If OSSC fails to achieve a proper outcome, we can penalize them promptly, removing the permission based on the concession agreement, rather than reqUiring a change to the Municipal Code. One of the strongest arguments against our decision is that we are setting a dangerous precedent and that we needed a broad policy, rather than addressing alcohOl in the parks on case-by-case basis. Even though I above enumerated requirements to use on a case-by-case basis, I lack the wisdom to try to create a general policy that would produce the basic fairness that we seek. Ri chard N erf Parks & Recreation Commission 1600 Madrona Point Drive Brcmcrton W A 98312 10/l/2008 Christine Grenier From: ':;ent: 0: Subject: Otto Spieth [otto@web-o.net] Monday, September 08, 20087:48 PM City Council Pendergast Park petition to serve alcohol :"! .!Lr) C.Li-',/ C ;-lC i. J \,,}(JU 1:.:i :'/~~ __: ;J 1 C c.t .:._;, LL:::~:: d 1>_-Jf~JY 1.1;. J. ,~; ~~~~nd ~ ,]<:>;.'3 I. i~J-L '1;-1':.~ l<(_~;"lr: =~O:1. T), :d. k:3. Ii i C) n\~~ I ~t is har-d t-;)1()u:'.Jh t(~ fLfld a pld'~e l~OC faIli-j Ly OlJ~~_Ln'~Js \.'ih(~;rE: dlcohcl is not sol.ci .':.~''J T C:d~:not ~3<:=E; ariY rel:15orl t() ext~(.:~n(j tr-:"j pCclc:tic(;~ to oldce.s \t]nere it is al;~e a~ldirl~_~t trlc 1(JVI to irr:b~b,:'. I, as a I3rC;!li'~rt=:Jil rf:;::d.c~en('e dnd i~:)l,r of the park;3, am n,]t i_fl Livor ef xt=endi'1q a special use p0rlllit to ar~y orqar1ization that wishes to sell ulcoholic bS"Jerages 0t any park and especially Pendergast Park. flG3Se do not vote in favor of this proposal if it l:omes up fer vote at the council business meetings. Thanks Ear your time, Very Respectfully, Otto ,Cjpieth 373-8372 1 j);Ii::C j or 1 Christine Grenier From: Chrl,;tine Grenier on bellalf of City Coullcil Sent: Friday. August 29, 2008 G.41 Arv1 To: Brad Gehring Cc: Bmbara Forbes; LOri Srnlth Subject: Citizen Concern - Alchohol at Penderg<Jst Park HI Brad, You received a call frolll Pat Carey who was concel'lled about the Parks & Recreation Commission's recommendation for alcohol at Pendergast Park. He would appreciate a call at home (360) 443-2042 or on his cell phone (360) 271-2292. Christine Page I of I Christine Grenier From: djrock [djrock@comcast.net] Sent: Thursday, August 28,200810:47 AM To: City Council Subject: beer at Pendergast The operator of the complex enjoys tremendous financial benefit from it's association with the park and should have to comply with the park rules. This is a slippery slope of potential liability. The city should not expose its constituents to the potential downside just to help subsidize a private business. Jim Rock '. '...-,.. - " '-"'~- :'RECEIVED. CITY COUNCil qfFICE" . DATE J2.J~_3:oA~ . '. . U.. l.:e..~\ C oi:u~ Allow ServIce & ConsumptIOn of Alcohol at OlympIc Soccer & Sports1...:enter ~tq"".L ' i;..J . 'fCt U. r~~J ': ,~ DescriptiQn/History: Bremerton Municipal Code 13.04.140 currently prohibits serving or consumption .of alcohol at Olympic Soccer Center because it is located on City Park Land. ( Olympic Soccer & Sports Center (OSSC), while situated on City Park Land, is a privately owned business which independently pays taxes on the land that it occupies. Bremerton Municipal Code 13.04.140 has previously been amended to exclude the Harborside Fountain Park (at the Bremerton Convention Center). ossC is requesting to be excluded from this Code ina similar manner in order that we can extend these services and amenities to our customers. Petition: We, the undersigned, request that the Bremerton City.Council amend' Bremerton Municipal Code 13.04.140 to allow the sale and consumption of alcohol within the boundaries of Olympic Soccer and Sports Center. y.le understand this will be limited to the sale of beer and wine as permitted by the Washington State Liquor Control Board. \ ! H i Allow ServiCe & con'mption of Alcohol ~t Olympic &er & Sports Center Ii i.! 1:: I, . , Ji ADDRESS PHONE NO. '" SIGNA~ JtPI kJ;,~~I.( r<.d h6)z40~,4" ~~, i', Q) If'l~1 {)t~lJk 7ft (?M)b2l~Z/;3 ..~ F7<t~ 'W~tAt'ln Fi~ L Hdol.( '. ~"".a.o W II- '1'5'3 i:1!.MQ)~ - JS76 ~~wffvvPf?::'~b(, 3m .~1'/if. , ' , l' 'SJ\~~ ~~t:'L)~f~"'~W~~ ~ j~ 0 eJW ~~ thll &!. ~b()...~1)' ..())'2--~ \~ 1/1'1 Ill, tI:Iltt Pit l./V ~h 0 -67f?j065 8.~~~o~~...()~'O~'HjU-; \?Ll .)bO"Gr!f~1t- I: 9. ~n~n (\~L~ ~l~\'\'bw E i:>o{+D~,WIT l1JcO)S3h-~ 10. 4c, ( \-r ,,,,~l.... ')0-"" Co R. y,: ... L ~ ,., c- . ,( %")G Vi: ,..7G3 . 11.~ . ~it't %"3-~9 I . 12. ~~ Dt::fV" \ L~(lJ ~U{) , ~ \ t2..C i-I- Av~ 'f.;vl.N\ . , i ' , ' 13.~~fu'(XV\tr'r\ \\0.1 f\F (\ew'iAY~ RA 14.bo.1 b:'{\f\\\\\QV\ ~ \ \'1 ~ ~J~J)~ V ~ \Zd I 15TOtf{.Q GO\\~X\eY ~ CCUS~~ sf. I !' 2. 7. 16. l-A~\.r~ l t-J.P€\=<B-z.. 17.1(~(~~/h1\\v 18.,4L~tmr J~ i' t 19.#~U'OV,J~ i i 20. K~~J Gl~ (2A.c,-<=.; \ '2ea.o A~A~~ \A2- NW ~)q~O -~ ~(OD Ltl t 9S~~ . 3lPO 2:15<1<611 ?:Mo - 51'10 -O?-O) 11] LA \&.0ktnu ~ejn. ~ ~ S~ 2.l2u;u CDv6' 4./::0 C; i:t6b Jf.dJ f?'ll-- 26~ ' C; 2q.z.il~ ;..N. ~~ r~oYtl}I-2b'ifqYl~I; 310(0\ ll)eo.Lh t}-,f ~ D. ({''W Q5"':"l : Allow Service & co.tmPtion of A1eohol at Olympic fur & Sports centet!! il PHONE NO. , NAMiB I~ 1.~ '"Cwfw Ih 2. \!\l . ADDRESS .. 1t5lutniUUJ G+'lJLr~' O~O 6D~ 3#1 .~~~ q~ M..t-K\,(~I~~ . ,%~SJ~nl1 3. 'r1l.%"5' ~\o..sG'.d ~.. ~&e"",\,,,,,3t,()--:€Rr~olt,3 . 4. tr+\. (;g.Ul"f") 'loa ~l~ Cr ~ ~loD3()7,oo\\ 5. l>~ 1::>P6J lpg, CoJ4.I1~ LN Nq~~ ~3I.D :!m lJ1", 6.' ~ ~ +' Id t't, I (p (,1 (j 0)) ~;"ll( v)eMl ]bCJ -"l<~l' , M. i ~ '!,1fJ Wr~ Pr. s& t.<:>"> 2S> -t7Y[ ~~~t ~, ~ 8/7) Ch16" lM.y JJ4 .f]./I4tt/u.. 56&0-771. l'ts(; 9.~n'k~ ~ eurJ.J~ra ~.'P.a.... WJ5?iJS!io IO.S~ CVn Y\ CJ1 l:zq~ K 10l)d1 ~-va\ \ Eo ~. 3lqo <m I-()l"(,, 1 l1.~er \1L\~ 1\\plQrasJLq. S-t- SE ~3liO-<=tjO~(X)77 ~ Wliwl. tkJfjI~ 13tJl~H~r~ $,..1Z~~ ~ ;: l~.'... '1~c.;(d,,-v.O. 3(,(}-1CA-MlM ~_'h_:.~t :1 v04/ I . ...~~ 15. D~~ \ st'l> f.ye,). ':;'00 H M~.P~12. HIt..... U>/f'4j)A, 3~ -US -15b1 b;-21. f-- 16. L~dg ICkJs aaDS 6k\.,)E:Jo.Y1\O/ Y20l a53-~I-'f1iS/ 4 ~ilh~- . 17.~~ J~<,o,vwU C6f"",.(~J- (1L., g{~~";77-~5()~ . Ii 18~ ~l f~t) \t::ftD.lAA . 3~~~? . 19~\l\EF<;A L~Np..bj~/f\JD . ll11tJ1 CHI (DWAV tYemertiY/98~IL'S""3c;- L'277 20. A~ t1-MwC\\l\'I ~ (ov1l.rh'}1l ~. ~t1.l\\ . 'b?)1~14f61; ! - . - . : .;'1 . Allow Se.rviee & con!.Ption of Alcohol at Olympic .er & Sports Center II I 13.~: B~ 5%ro p~~,J)(\. lYe I , ' 14._~V'0m.!jpVL Su/PSehitteL~I0J.)GI~ I I , ,! , 15. ..-' j. ' \'\.." , , b Rq' 0. ( L ("' 1;, f to. f.ol'"2.:,"Z~1J5 16. !_'. ~}f\C, ~ - V6Jr?' 7 '-u 'P<D4rf\(~ riJ JJ' .....~ iJfdlfAC.r:J 17. (S~~ 'rronPhl~/;lJLPO. . "DqS-;Zr1J , 18U lr;1fij6f1f 'Zib'2... ~ Ye..tr:,f6" i) ~ . ~ ~ ~1(L .. .. . · i: l~~~ ll1~~XlJ'ul~ U'f I fit ~l ~OA.jpal (Z,19),~J.<(I5# 20. LI~~ JOlfJllxYU" '10Zo t!..v(LYV\.ofl-A-vvr PLy \~ ~17--~~o5i' ~"'.<t,.r--ili I ' , ' , i 1'1 ! ,i! :') !i i1 I' ',I " N~ 1 l.~6.q<.. ~~\Of\ . 2.1lJb1'tLti. 6u.1ttK.~ 3. ~,~0 'B4PJ:uJ I -::::r-- 4.~, i 5. ,sktb 'R6ck.,,~ 6.~,lk~-bb r i 7. ..R&Jr'~ ~/~J/ 8. MliJW" I I i Jvuv l' 9. 10. I llllr~d \-key 12. $-v~i~ 4,N4 I. ! , ADDRESS \3a) \~~~~ ~,t \0\1 6;tud'h\-t , "2. ~ I .va=: STE~f'LE &JL Lit) " :d J, 1:; PHONE NO. ~SIG~,: ",!,: ]bo-bly()Ql \V H- '~',!i :h Jf.:,(j (;3"~ .-']0 'PI ' _ - "- ,.~ ~uo)4i.3-13'J8 ~Q .~ , ' r--. 1/ _. : I I~ 1{go.ft/J3~/r;91/ ~J..~ II . J~O..!';<M'ft,1~..~P1f~ ~'Llt~~C3' ,cn(~C7~ h .I! ' (s60)/;''?2'.(L)c) .4'/~ ,/11 _ . ,~' ii' ? ) I ~OJ NuJ 7r.Jtc.t. ~ #(Oij ; S, wV\dak~ ~ tJE~JPd.P ldJ Lq , ItJVo ~ U ~U~'L r<J po. "'~'-~A-'f-L. ~~ 1...J.c.. I (jS'J'7 .J c.......,""'-e..c- C '<.0.. J. .I-''iJ/' Lt Cfll tk~'" Bid ~~~ In t'l E :Brwrv-e<{,,, '1v1tJ &0 T ~ /f, f6~Ovckvzt (~.x4'1-ft'/1 . 5+5& ~'r1tr; (0~Dr JVrjl3 (etYfj,tb< ..1-1 J' 3/--7 f qq~ ~\f1Jj;1WJJc ~J€I1)~.r)q~~?, :36lJ ~1J5L/ , " , QZ3i t; 4a4qb b-~~QCt. CCrck ~.]\i~XOOltl WIA ~O)'54~~~?. t{l-{'lObflAl(&KI( CU?CL[S;Ltli2('4:;/e "-JA 9?f/J i'tiL> "dj'7K'-tJG r~- 3uu 3(q OuCH ,. Allow Service & Consumption of Alcohol at OlympIc s,- ~~er & Sports Center NM1jE ADDRESS PHONE NO.. SIGNATT.JlE l.~V~lC{I^1~'5 (~"li.f~k~~e fl-l3;l$.D . Gl,.~ l\77-25'52 JMvvIJ~- 2. JL,J0.- \-\nV\v'YA- ~'Sq.~ -:l \\CI.-~ ~,,\\) G <t?>3n ~l.a(}-5()'-1'incd~ff} J;/lMI1 3.~ .2..f-l3V~ .~ ~ f . . .. ~ 4:' : (a " 'i ~\( f6~(1i \3'1 '2 ~p\%u v UiB528 Lylt1 r 25~1- .. . ) " ,/ ~ , ) 'I 5. ' I ( /401 6-kr ~ 111tJT~~ 6." " 7.~; 'i ! 8. I, 9 ,: . .. 10 Ii . :: 11 ' -I" . ;I' il. :! :, 12.:. 3 ;i 1 .' :i. 14 i;., ' '* Ii " 15 if -!I 1i' :1' 16.:; i 17,i .,:! :1 18.:i ::. :' 19.:: Ii L . 20'IJ " , ~ll ! Allow Service & COItlllPtion ,of Alcohol at Olympic Aeer & Sports Center [\1 i,' ill ild ;1:1 Ilil , N~ 4J\ \ \UJ> 1. ~~ \ 'vJL ~ 2. ~v.~\tttt~ ~ 3.~ , 4.aQ~lQ~~~~tI '. \' , 5. 6. 7. 8. 9. 10. II. i,. 12. , I i, 13. ! ! I' 14. , 15. 16. 17. 18. 19. 20. , ADDRESS 'Z2-1 I}JW w LI,... ~W't>ot> t..N, DRlilVJt=ft101lJ tAJJq-' 19~/1' Iq2'1l!itll,hri;;n~~~l1ry w-+ 1S7~ 77'b IY6 ,oi'n(l.e..II't'*'p,: ct~~l\ '.' ~fc:.~lcV1 i-viJ, 3'l~\D ~'" v-.1t y Dt;.,{ A- '0 \'d.u...,,--cJ PHONE NO.' [~(., i5) '0/'1 t? .:.. /71// _/- ".>\';/0 ~ ''51j-TT1S r ..-/' ~bo 51!> :.{ '1o~ %o-731--J Irt./ ~ I ' :II III if'! il;1 ili ili II :.i II i'l ~L 0, :1:, II j'l il 1"1 . ii, iH 11,1 ""I ., Jf;1 Wi il! 'I J1 ill! :;: :1'1 il' J i Wi :11 'd ., 11 ,il I}'I :Ill 1:1 Ji j,] ~'I II !: 1,1 Ii I ,j'l I, tl t, n iH' !il r! I'I I, ,I ,'~,', I 'I ,I~ ; IJ \1 . ~ I.,'" I h fl Ii H . . I'RECEIVtD orf CuUiKil OFFICE" DATE~...96 \ :\o~ ec. LegoJ Allow Service & Consumption .of Alcohol at Olympic Soccer & Sports Center Description/History: Bremerton Municipal Code 13.04.140 currently prohibits serving or consumption of alcohol at Olympic Soccer Center because it is located on City Park Land. Olympic Soccer & Sports Center (OSSC), while situated on City Park Land, is a privately owned business which independently pays taxes on the land that it occupies. Bremerton Municipal Code 13.04.140 has previously been amended to exclude the Harborside Fountain Park' (at the Bremerton Convention Center). OSSC is requesting to be excluded from this Code in a similar manner in order that we can extend these services and amenities to our customers. Petition: We, the undersigned, request that the Bremerton City Council amend Bremerton Municipal Code 13.04.140 to allow the sale and consumption of alcohol within the boundaries of Olympic Soccer and Sports Center. Vle/ understand this will be limited to the sale of beer and wine as permitted by the Washington State Liquor Control I3oard. ' \ ) ~ 'Allow Service & con!.Ption of Alcohol at Olympic 'eer & Sports Center PHONE NO. SIGNATURE ~~ 2.mq\orie-rf\O~MI ISol CANYiJ(\ clit IPor-ho,~rJ ~q-~2-SI ~ 3.~ti'l \IA\CVlooI tiLt Lop LN ~lm;) q~31\ ~ -3TJl -AMe MA ./ , ,j.:QU--O' I 4. ~, ~\Uo1' litlcr,n\\t1\vo WI f)~ Q~ -0. -"\ l 0 dtolf~ /'/~!~ 5 .~ ,~\., ~~\ ~...\' ""') '1 ~ )) <J. M" os' . ~ ~ \-' C, . Q,c-"-",,, Z ~ ~ 'bM4 ' \S ". 6.~ 87q:/()~~~ pI #4 ~ilveJUJA '6J,S4~, C;~2 7. ~n'~~ Y'Y\~ 1~<!;~flv\A;v-evs)4 ff- ~~1 Jt.eo 4l.oCelo1 .560' 67/-S171 ~,~ ;:~"'-;;'7I-nS3 V7L \/.0-<171'1),1') ~~ NAME ADDRESS 1. S"'WNb lAS~ I ~l.( 5'v.N~ f~~ w ~ 101 ,8w.t.Y\ ~l-(I') r"iJA... .1'- 8 .,:.J ryHNN rr l, Ii. ':. 2 r>71:J /II-A.. U.4 Av r:.' L f!6< , 9.tJoAlI?Ab E'iSEe. \ 2~ A/!JK~~~ ~ .s;Ll-.:v-~ ~ 1 O. .fA i'q./1 "(;, J 'is ' " 11.~OC~ 1~2~)SItlt;DV\ (we.\( go 7ipO,~lY8C1/j) 12.v:J.;f5i!rl/AI?rjtc~dL ;t,,+~ ..J_ . ~71) ''JV.'l, 13. - - ~ &lfDV P-eppfr~d 1 ~')l '-Q4'''-1 . ,dly{€~9J- 71;k/l(~Lt I:, ~d l3~g' ~!JLtti1tt [)g. 3"i. f4.r2'1tftf9 l~lJa.tiT cru;);)-~n~~cr . ?f7lfO<1f:L 17 . . 279.Z. 1((lUtlnn & 1L 3W'Lf1Q-1928 '~~1~~~ (~J-S3~1 ~' ~~ qn,,-~ 3w"fM .tM tf6b tJ S.W u../~..e H-el".,,1l.... RA g6& __ '75/" 9~ ~o pl'jrt- CJrJA-NA. Lv)- 9'636'7 ').7/0 1fC{{ f lJN f5r(jd'\ 12c-l 19. S)bWJ~~ 20. fV(J(trJjA4.t/ ...i ---. NAME ,I - 'i Allow Service & conl.ption of Alcohol at Olympic stler & Sports Center ,! , , I 'I I ;1 PHONE NO. SIGNAT~ II ,I ADDRESS -- I.--- 1. .Mr, Ii ~Dv ,12 r o.,i[j ~ 1\',{',ntD Y1 f\Vt- ~.y.e.lY). . 2~J r<o~leI'C 'f~l{d SG" 8a.ut,#~~ ,Po. . 3.Qclk"" ~~ .~ ~~~ \h'\bW \..n "5~\u^-(J(l\, (~~.~~~ 4. ;f//C-b"~ CrltlfA5 IJ(P'Z'-z. A~~el h/lJ Sez) (6) '?:i:007I03Zf;/1 I:; . l ~tRf) ) ~?l.l(s? ~ C~) 1..16.- '":f':)-S1 , 'I' :1 ~ay~ II . . . j 6. Sa..YrLV\ fuy-+ 'f.0. Box 'i4'-\~, ~ Co\~,WA-- 3~~:. ~l: J n I ~Mlu ~""i"III, 71le(lt:\'l(\~)~ roPi)X I~ ~ 02d 1.Ll1~ 8, ~()'U\~~ \b,,\\ Q,\:)~I'\ \ 20 ~ ZJaO';rn~l[~ (}l~ 9, Meh9f1~ 7fICf &fT~rl~LV\. an-G1?rI3b' 10. L 025 5!ro,."tr:(j 5l15J w ,Ikt., >.:>"\ t./. W. l3-re.-tvl 3 kJ--2. 7 )'-"302L 1 L Vrtle,-; e G;/5t0p d.05rf>cJwf~ l2.)J~ ~ 11,0 W9 J33t( 12. \M ;'0~lleJ Gil7rrcp I, ' I f ( 13, ~?~ iti-&'t7 ol,V.J,'J-f'~ j,p--g"lo ,~WtY'll ~ -J'/ - // // 14. .' / /~g}l'Z(fiJ~~t/~tp..~k# 5 . TlJ h\. C 1A""'f'-;u,J .'1....'1.11 f"'M 1. 'Z-tJIt, ,-ca ,'i -~ tit 1 6~;7-??f~ rc fax S~/~ S/(..vR-DA-{,(,WA 'I ~'7/-B37q _~~ 7CZ:J.--!JS) ~ 'i IoIS-'lI"1 &,',1 ( '313 -7 7 'II ~.". - 'I c.- . I !ol~1j.141 ~ '3(,0 L,c<<.3 22& . ~ . I 15. .~....-1 V~/'vl2:\. 16, SFIl{f( rrw:" 1 7. 4LAcJ LANfou\1l- /2 28 La J-..S ,'"2j ~ l.;p 3,emerkJ:'! 1 <3lJ'I JVWvV Il-"t Po ",1t Dr. BtffY'e [,hI 18. ~nw~ Sj'\ ~ Y'Z. toft> EZ ~'i ~\Je;. 19. ~V\Sn'(\ ~~ Pb .~"& ~\LL~ Sl~~~ 20. Geof'Y AAl {~r'fk,J- 15?5 1M Wet- C:r t../ ,Allow Service & cons!Ption of Alcohol at Olympic Soter & Sports Center NM1!E ' ADDRESS 1. DictnneJ./ tt}I!.h/1Lj, If ~ I j ulJJrJ }J hv ~ .'11/ - 1:/:;1- lr _ , rCfr'f _ i'&1tUu:t, WJCI- 2. t\YYl~d C1 &1~ <(to 1<[ l-b~ iIb'ff. cr "-E ~ ~ ~clDL{ D 3. J<Ji Et Ht~ '2<1?,'L1 H~ vt,'Nj'l ~ ta ~) t o~ I -02..7 () 4.U-~Jl,'~~," CUnJ" JoJ-Lj ~fI1h~ b"Al,1k,v-0 ~ !, ~~t7 5. v'Y,s'''; ~Y\ <g081 h-Yc41~e. (;.;~r:;t AlVIn 698" ~ 0'-1/6 :' J Itv{>~ ~3&3 6.~ (b Bl'l)'.. \2L\C\ -"695-104:1 7.Sht.l~~1\~lM~ .jO~ W~ STti1L tt!,\)lt\~l~ ''71~ r6C"Q ~'''''''"J:2:::',''''''')< -""A..-) 6I~~, ~ _ 0 ,'z.:r- :S""01'1 /~' ~ -' ~'':/- :~ U~7f tf/Gi '7t1;jl(2IL UJ A-?i, ~D~ ~ jY / : Soil-V;<J2..\>frU' ;,./4 <t'5~ 9. ~~\ S \;b1,~ \,~ \\\c-,\,=, ~\~ u-' ~ 7Jr.;l'J, \.\'1\-175"\ ~ ' ,"k~'" '\~363. loq-lti)Lc)K..Nt~ \)~J Ztta-"Lf:Tr~~ S(l..t/~u;- 7hO-b 21-90?6 ' '"fl1.1 d; r ""-i \'l ~!--Jeb ~6 (~~~ A . 11.~ 1-' U) f;i ~~r.~ ~, .'iO-~"xl-~ 12. f)'I~tt"./\=6\ I\l\\ J \ S'>, Sro~ (:)'If 15C""-<I'\,.-, ",f,?IO 1: ~<J< ""fi&'(' 13.~~4;~7~ E ~^"o/ ~I D-- ~o~3(p2-r'f21- , . / ---,. ~ 14. Jc.9rrc-~eti &6 S U.o'~~ :ff:;3J3$.l-zj 15:])AttD ",""Jc:$' 1ZB33 C~::rru.LV~t..L.fj(..1-P 3'o.....ZL5-7~z..i , 16. S i ~ H.e.x () ltJecf J I )/ / , tJ t"~ 7l.1{) dJ} j6nbpr .J. )3--.2.25-:'/1f~--V //LJt..;/ ~ ! 17. S 4Lrt K,,-\\:...:...cf' ?::2--u,. se u.r~ Co<. P.D. 3W-l?7(.-'1~? ~ 18. KAr /('/ r vi r.J(A 2'1 () j) Ii I ,It ~ I Ct! /V [ J (u - 9.50' 0 d) 7 ..;/ -;;--.,~ I i \ 19. 6!;i ~e~ b~) $c-C,v~ t " uV'.~c~ Ii 0 6:Jt( 6b 6~ ~\...- i~ 20.! . '&zEtA 3(~~IAL{It6".JA2~A2L ~~Gd3tPI:rS~ \. PHONE NO. i I I SIGNA~ I!1t~Lh ah~~A ~~ I <:' . ,Allow Service & conlption of Alcohol at Olympic stier & Sports Center' ; : I I" NAI\1lE i. 1. ~+- -PO e.v~ 3/Lj ~UV}. t.dJJ5-133t.{ 2. ' ~V\tO\5M~ S~ UtrCG+ rr 0(;( W -1d~ -40\ ? 3. Slbw~ ' ()Ji \ lot. 7'-111 lGJ lJ L~t'Q.. fu Q.o. . 61c.t ~ iSD~ 4. ~ ~J1( !D!;J.. NvJ 10,;; {!;( JI;'v~..15r;t2-cr~7 ~ 5. f ,...;' 't-c. -tf 6.~dFF~~ S-3 7. M."irC-, ; ... ff' L 3f{ f/ #(z N) /I Q ...111"," 8.0aJW &''t<f)/~ 7 (8) tU'VlTr~4rV'~y IJ/ l / 9. '21Qb HJ"tl4.<.JDJ,~-f PO lO~ 955 1b"5D .10. A!V-~ 3rJSd If/e ~1'/~(kJ f';') -7107 11. ~L.u P-u.:(,vs 3~l'Iv ~vVc+ i.;, .:\IS- "'l7D7,.---- 12. 0111v S ,rtfF(f- 7.., y f A.e.1cpn7 ~ ~. '73 L u7i) i c7 13. M i'trYA \chC4.\;b"7.ttckh7 CJ 4?1 ,.+e.j e C1t1 f3Lot IJE 14.1r1 So!<ol;(A. 18& p#lf/J /111))/v.,v ~y()~ '~. . i:' 15.ir\~~~ 14,~~.~~~VJl)W i: . '. , . ~(t-Mt.4>...J 16. . :,..J ,e,.J 7711 N~~f~~L~ I~ 111\~"(?r~V'\w L- 1b'J'l jJUJ ~ l aN' 19., ~ "~t:l~-vs-. ttJ. 20. ~dy' j)I.(U~ /?</tI~?lIt dr.P (7 /1/.,) , b.. 1d-a4kA f t;.J J1-4V3 oJ- ADDRESS PHONE NO. C3 f- /"1 ).f 060 057)" 13 \ - 0'7 &.6 12 f - Gyft 4()~Dq S:*i "AllOW Service & conl.ption of Alcohol at Olympic .er & Sports Center i I NAME I SIGNA~ ?f-o' ':/"'-11<'''; ~~ [ 3&O,#l3f. z,~~r ~tJ,; 1ArtLat ~I 1~' ~11. ilZl? ,J;0 t . I . i 3"'D -S74'b4lt{l1 PHONE NO. , ADDRESS ~ :Syo ~145 UJoP 'PrDf4.,- LlJOL-ou.J) \.VA <:19 ~ (,s- -ZA ~ ShfH'\Je "" i\.1(~ . OVt /itA USkt.\f W Jtr Pi g S::;o 1,151 5G Av .h'V1V Gt .s& ~oy.~ Dvt~6i'v~, wA ttf)3&1 31M ~' " t- A\Jt~ ~,,+ bf/.it1 I.,'" q03l<iw W'1'1/~'Jcjr;; ];k f!) }60 'JD:)'-09n t: ~ t Le/?c?J ' fh~~p;dd ~~ - I , (, !I~~ ~ ~ ~I TIC\O G\~c.\~( R~ '1 t p/ S~ ?>C,o-lC,S-S""oCe>G- ~~ II1;5bO coli"..$' '- Z!::) 5/ 0-2)~rif~ J'O<1C; St ~V\tJt.A1r1'UL-U- qOlD-/o0~ '--.J ' 1. _'f'.o.p~wo e.. 2. kH)1l.Al'\.ieU 3. J~:V'I ~ 'l!-l v\J~_ 4. JU)(\;\Q((~tt()\\Jt1Xi ' I !' _ i.,,/"\~ 5. ~ !U/k-~\~l~ 6. D~ ~trfttJ: I', 7. C(A~O\C\lV\~t\~ 8~~.M I { ie. 9.~~ 10. MQ'~O-Ii\V\e.. -LlQu.kL.. I 11.~. <;1wr [ 12. Kr' IL- ! 7{.lor '3Q;L 'fl5-)-D)L~/~)" -~ r-4Cro G.J.o..((lJ'K;c}~ PL sf 11;8 f'l1Jr?~ /$ ~. 1.jt.2.P 1~~ II~;.'~ /.fr ,eI " -47f~ r ,. . 13. A1l4ttt I4Jd(.vj,.O" 'Itt<S7 Jk) LL H~'rz.A. ;t;, 9!"lcll/ZP 14. t~J! ~"... II Vl (~;I".l A}, f-J. /JA-- 9Vl( l qq ( J u I.- 15. ~~( 1146') ~(l> 3~ rift 4Vl/9~ G~ol?f1l719JO 16. ,f)('kA.b~~",,^ <i(3~ D(s"'~ ~l #J\J ~bb< bl3-l.{QEly' 17.(jA~m/~ '-lId! nvLGI ~ ?zto-?Io-I//U /\ ;:' 5~(J Seo.hllck-.ttiAJ'j NtU ~ 18.{ A-NOACEftbY~ 'tDteQner-\-ov1 9<6Cf':;- 3fdj'-;~?'S.'3~1 J I, 1Lt6\ Moxgve.r-~e.~ 19.~ ~fe Jw\e(~~ ~~~I ;W-311-4i73 , . i. <> ,J // AI)D ~t IW~, &-J. . 201rfuf/tYd CIY.. ~ r<l7Y1 98?'12 ;':; , NAMjE . ADDRESS PHONE NO. d20\~ (/, l'-~-S <3'Z3~f?A4\?~ ~~gdt,l i. 1~0'~~""<f n ). J . Yb?- g~IfJfA/ I)VJV v /}~L 1'), . 2~llfi.eJ\lh~fi)tb"'t.-"- $$ lvJt WJU7 ,4u.o fFv6fi'~ 3. /h~d a~ 71.,7" ~...-ka ..~_ .96"J-c,'1l<," UOl I \. ~ '~I I . ~~ ,I c:7-S-=S-~7-~- 4. nct!b\ ~W~ ~0\ (2? f2A-1~t}: c:J<<q-rrG{OOy: ~T5 5. ~iJc;/I? 2Q 19 rJMjjtf~Jl VJ, Ct. J.J 1-1J 1~1r~~'1 . . / i""' C1/ df _J. 3bD373.' 27f1 6./-1 $~ c: Yl rr . 32 t.fO .E. R tical., p/m &e/Jt1Jii1/((J~ CZO-s/P 7..clc*\ .c~ 5') O~Q~ ~L-fJJ /.)J)~;;O.6iS34117 ... 8. 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'i Allow Service & Conaption of Alcohol at Olympic &er & Sports center!: ii i N~ i 1. T ,~i t\orH 2. 'T-a-Vi;). Te:.~l~-h:Yt . 3.J~G\ Smdh 4.vtd.\p (.k:fL I, 5.\c\8Jltt ~c;~y I i I i: , 6. 7. 8. 9. 10. 11. I i i I [" t 12. 13. -i, I' i 14. 15. 16. 17. 18. 19. 20. . i I', ~ig ~LO. Mo~\--v:>v'- r~~. bL""-<Tl\ , ,~Cl(e3U 4/03 'r. ml'ChAjCU1 D~ 3lvemtM6 /t;'-I1'OIOI , , q~31S l~t (Z~,~r(r~. ~~o~v <~Jn 1((1-0(67 " I' , 5f"S\WdKINfflN k1>.W~~~ j!5' 2753:i2L~~~~ 1:1 ( 1.1 \ . , . !~! . . rl Ii Ii II :1 h Iii ii n ;:1 l;f' '1:[ .rl i" , II ":1 , ADDRESS PHONE NO.' t<3fG. 1)~/f7 V( BflUn, Lila'l83ff doCf-G37! III SIGNA~ ~~'" I 'c' ,^ rl /~/ I~ ,r""" . 1,: . 1,1. 1:1 " L ~ r[ ]'1 Ji! :,1 ~: I 1'1 !i id I:i H! !I i,! " ).j ;.1 :'1 1,1 )jl r; u Li ;1 II :1 " il 'I :,1 \1 r iil Ii !i ii [I ;'1 II "I II h n 11 I, ::1 II 'I tl II , II 'I i,i ,:1 1'1 'i ) Allow Service & Cons..dlption of Alcohol at Olympic S~ A.~er & Sports Center < NAMtE : 1. V H~J \-\-V\ 'J tsr'J- 2 c1,u UJuf ,.) . :) ~\ 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19, 20. ADDRESS PHONE NO. SIGNA~ -f.v~t.. ~&13 ~~(W611...~O)~-'3II'Z-~~ (31. CJo~~if' ,W(!~ 3(0 'K]("~'i ~ op?f' Loi-UeJ qSO,4,"i' ~y tfeM 'jJ>;). (?Gc:)Cf/J-~I.((Z~ 7D2KfJCrCoffllJlr)L ~Dv~ () 7. ... '') I"} v 1/' (. I 1 /J o~. <> / r. C77fI"7 <'1 /' <? f 10..<. 0 / 'lc::. eP>.tc.k ~CC~J. n,/VV .J bl-/ 0 -, '" /"-' i . i il · Allow Service & Con'mption ofAIcohol atOlympic .cer & Sports center!! { N~ I: " . 1):\0-. ~l \~ 1. Lx:'\"i(~\e..S . 2. fu II, p\VJY" 3. 4. 5. 6. 7. 8. 9. i i. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 1,1 I: ,I: . ADDRESS ,PHONE NO. SIGNA TI ~F . lea ~ \ S~ 'Bleo ' ~~D '\=6~~()~A m,)t0A Qo=1Co'l ?;l4 -D51f) &~ ~. , ' ' i ill!;! /A Sh~.tVltOA T!ltCJ- lbQ Cf<1flo/9.Qq-7io/1i ~ CZ/~~t:i7' j: . U 11j ~: : i: Ii Ii I' . .]'! 1:1 l'! Ii Ii ;; 'j,> 11 i'i :J:l ,(" H 1: I: :1 11. r i'i Ii; :p i' '" ,I Ii r! H ), ~ u . . 1:;. !,I Ii Ii 'Ji i,; ';i r: Ii ii I: [I H .I: r I' i! P I:: " ." i. I: r j" J~ 1.1 I: p fl j,i 'I " 'I J: l:i ,[ Good evening President Maupin & City Coucil Members. My name is Bin North. I am a member of the Parks and Recreation Commission. I voted against the proposal to allow beer & wine to be sold in Pendergast Park. It appears to me that the business of Soccer in this facility is failing. This may be due to inadequate advertising and marketing efforts, rapid overexpansion, undercapitalization, the current failing economy or a reduced interest lin an adult soccer leagues. Whatever the reason, I believe allowing beer & wine sales within a Public Park is an extreme measure that does not foster the safety and wellbeing of the community and especially its children who frequent the Parks. I spoke with a senior manager at The Zone, who said that their business is not a direct competitor of the OlYmpic Soccer & Sports Center. It is a multi-sport, family-oriented, recreation facility. "League play" is strictly limited to teams comprised only of Zone members. The soccer field is not Olympic-regulation in size. The emphasis is on selling snacks and soft drinks, not beer. The Zone has secured sponsorship of 20 local businesses, including the Kitsap Sun. Olympic Soccer & Sports Center, by comparison, has secured only two sponsors. Ordinance 4283 Section 1, 1989 Referendum is the germane public policy. It stipulates that "A significant change in use shall mean any activity which does not compliment or support a recreational activity.". Authorizing the sale of beer and wine surely is a significant change. There is another alternative. Have the business owner submit a written business plan. Have Staff evaluate it, plus complete a cost analysis. If financially viable, re-negotiate a temporary reduction of the monthly leasing fee to cover the owner's current monthly revenue shortfall. I ask that you explore this matter further, and consider incorporating these recommendations into your final decision. Certainly, the young people who play and view Soccer deserve meaningful consideration. Thank You. DATE SUBMITTED: October I. 200R BILL # __Q_B_=-.2l:3 AGENDA BILL CITY OF BREMERTON CITY COUNCIL 7A ........................................................................................ SUBJECT: Public Hearing and Ordinance # ~ vacating a portion of Carr Boulevard and reserving certain easements. Committee Meeting Date: ~2~~~~<?r 8, 2008 COUNCIL MEETING Date: October 15,2008 ---------- Department: Engineering Presenter: Michael Mecham Phone: 473-5288 SUMMARY: The applicant for this right of way vacation is also the developer of the Lakeland Lodge Complex, an assisted senior housing complex. The project occupies portions of the existing right-of-way of Carr Boulevard. The applicant petitioned the City to vacate the right-of-way within the project and relocate the street southerly of its current position. The connection to Lyle Avenue from Carr Boulevard is currently within 150 feet of the intersection of Kitsap Way and Lyle Avenue. The relocated street will provide better sight distance for the two intersections, better overall operating characteristics and superior function to the existing Carr Boulevard. This is a Class II right-of-way and as the area for the new roadway and the portion to be vacated are roughly equal, compensation will be paid in form of the new roadway dedication. ATTACHMENTS: Ordinance No.5"IJ"I; 2.) Aerial Exhibit; 3.) Staff Report. FISCAL IMPACTS (Include Budgeted Amount): None. APPROVALS: ~ DEPARTMENT DIRECTOR: ~fi-; CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: CONSENT AGENDA 0 GENERAL BUSINESS 0 PUBLIC HEARING _.-?'.- //'//---\ ~./ _/ - /{:'- --~ COMMITTEE CHAIR /.;:;~--:.z /f,./-- -;//:., _. L.__ COUNCIL PRESIDENT: / RECOMMENDED MOTION: Move to pass Ordinance #.5Q~1. tor vacating a portion of Carr Boulevard and reserving certain easements. COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action ORDINANCE NO. 50Co I AN ORDINANCE of the City Council of the City of Bremerton, Washington, relating to the vacation of streets, vacating a portion of Carr Boulevard and reserving certain easements in the City of Bremerton. WHEREAS, the City received a petition to vacate a portion of the northerly 320 feet of Carr Boulevard to Lyle Avenue, in the City of Bremerton.; and WHEREAS, the City passed Resolution No. 3069 setting a hearing date to consider the vacation of 13,055 'square feet of Carr Boulevard, which resolution also set a hearing to take public comment or consider written objections to the vacation; and WHEREAS, fewer than fifty percent of the property owners abutting said right- of-way filed written objections to this action prior to the time set for public hearing herein; and WHEREAS, a public hearing was held with proper notice on October 15,2008, in the City Council Chambers of the Bremerton City Hall to take public comment or consider written objections to the vacation; and WHEREAS, this is a Class II Right of Way and compensation will be paid in the form of the new roadway dedication of approximately 13,050 square feet pursuant to BMC 11.20.140(D); and WHEREAS, the City Council has determined that it is in the best interest of the public to proceed with the vacation; and WHEREAS, the City Council has directed the preparation of an ordinance vacating the portion of said streets; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Recitals. The foregoing recitals are incorporated as if fully set forth herein. SECTION 2. Vacation. That portion of the northerly 320 feet of Carr Boulevard to Lyle Avenue in the City of Bremerton, as described in Exhibit A, which is attached and incorporated herein by this reference, is hereby vacated to the abutting property owners subject to the following condition: 1 Vacation of a Portion of Carr Boulevard and Reservation of Easements The abutting property owner shall dedicate a new right-of-way as described in Exhibit B attached hereto and incorporated herein by this reference, or as otherwise approved by the Director of Public Works and Utilities or designee. The street vacation herein shall be effective upon the recording of a dedication of the new right-of-way. SECTION 3. Reservation of Easements. (a) An easement is reserved for Comcast for operation, maintenance and repair of cable lines over, under and upon the entire area vacated pursuant to this ordinance. (b) An easement is reserved for Qwest for operation, maintenance and repair of telephone lines over, under and upon the entire area vacated pursuant to this ordinance. (c) An easement is reserved for Puget Sound Energy for operation, maintenance and repair of power lines over, under and upon the entire area vacated pursuant to this ordinance. (d) An easement is reserved for the City of Bremerton, Public Works.and Utilities Department for construction, operation, maintenance and repair of City utilities over, under and upon the entire area vacated pursuant to this ordinance. SECTION 4. Vested Rizhts. No vested rights shall be affected by the provisions of this ordinance. SECTION 5. Severabilitv. If anyone or more section, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 6. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the day of ,2008. WILL MAUPIN, Council President Approved this day of ,2008. CARY BOZEMAN, Mayor 2 Vacation of a Portion of Carr Boulevard and Reservation of Easements ATTEST: APPROVED AS TO FORM: CAROL ETGEN, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the EFFECTIVE the ORDINANCE NO. day of day of ,2008. ,2008. R:\Legal\LegaI\Ordinances\Public Works & UtilitiesWacation - Carr Blvd.doc 3 Vacation of a Portion of Carr Boulevard and Reservation of Easements c, ;2 ,II Gj -.J (i lr) EXHIBIT FOR VACATION OF PORTION OF "CARR BOULEVARD" (PARK DRIVE PER PLAT) SEC.16, T.24N.,R.1 E, W.M. CITY OF BREMERTON 08/08 - G.F./S.J. EXHIBIT A LEGAL DESCRIPTION FOR VACATED PARK DRIVE (AKA CARR BLVD) All that portion of Park Drive (ADA Carr Blvd.) that fronts Lots 3, Lot 4 and Lot 6 of Brentwood Park, Volume 5, Page 6 of Plats, records of Kitsap County, Washington and lies between the Northerly end and the Southerly end of the following described line: Commencing at the Northwest corner of the Northwest quarter of the Northwest quarter of Section 16, Township 24 North, Range 1 East, W.M.; thence South 20 39' 15" West, along the West line of said subdivision 95.71 feet; thence South 880 39' 44" East, 25.00 feet; thence South 20 39' 15" West, 41.01 feet, to the South right-of-way line of State Highway No. 21; thence South 880 39' 44" East, along said right-of-way line 20.01 feet to the Point of Beginning of said mentioned deed line; thence South 20 39' 15" West, 169.07 feet; thence South 180 08' 45" West, 93.58 feet; thence South 20 39' 15" West, 115.00 feet; thence South 430 46' 13" East, 36.22 feet to the North line of a re-Iocated Carr Blvd.; thence North 890 48' 19" East, 165.36 feet to a point of curvature; thence Southeasterly along the arc of a curve to the right, having a central angle of 360 52' 12", a radius of 200.00 feet, an arc distance of 128.70 feet; thence North 890 48' 19" East, 0.95 feet and the end of said line description. EXHIBIT B LEGAL DESCRIPTION FOR RE-LOCATED CARR BLVD RIGHT-OF-WAY (DEDICATION/DEED) Said right-of-way being a 40 foot wide strip of land in that portion of Lot 4 and Lot 6 of Brentwood Park, according to Plat recorded in Volume 5, Page 6 of Plats in the Northwest quarter of the Northwest quarter of Section 16, Township 24 North, Range 1 East, W.M., in Kitsap County, Washington, being 20 feet on each side of the centerline, described as follows: Commencing at the Northwest corner of said Northwest quarter of the Northwest quarter; thence South 20 39' 15" West, along the West line thereof, 557.23 feet to the Beginning of the centerline of Re-Iocated Carr Blvd.; thence North 890 48' 19" East, 212.65 feet to a point of curvature; thence Southeasterly on a curve to the right, having a central angle of 420 32' 26", a radius of 180.00 feet, for an arc distance of 133.65 feet to the centerline of existing Carr Blvd and a point of compound curvature and the end of said centerline description. (Bearings are based upon the Washington State Coordinate System-North Zone.) and LEGAL DESCRIPTION FOR LYLE AVENUE (DEDICATION/DEED) The portion of Shaw's land to be deeded from the Shaw's to the City of Bremerton, is all that portion of Lots 3 and Lot 4 and Lot 6, Brentwood Park, as recorded in Volume 5, Page 6 of Plats, records of Kitsap County, Washington, which lies Westerly from the following described deed line: Commencing at the Northwest corner of the Northwest quarter of the Northwest quarter of Section 16, Township 24 North, Range 1 East, W.M.; thence South 20 39' 15" West, along the West line of said subdivision 95.71 feet; thence South 880 39' 44" East, 25.00 feet; thence South 20 39' 15" West, 41.01 feet, to the South right-of-way line of State Highway No. 21; thence South 880 39' 44" East, along said right-of-way line 20.01 feet to the Point of Beginning of said mentioned deed line; thence South 20 39' 15" West, 169.07 feet; thence South 180 08' 45" West, 93.58 feet; thence South 20 39' 15" West, 115.00 feet; thence South 430 46' 13" East, 36.22 feet to the North line of re-Iocated Carr Blvd. and the end of said deed line description. STREET VACATION REQUEST PORTION OF CARR BOULEVARD ENGINEERING STAFF REPORT CITY COUNCIL HEARING DATE: PREPARED BY: October 15, 2008 Gunnar Fridriksson SUMMARY Applicant: Bruce Beard 114 2nd Avenue South; Suite 106 Edmonds, WA 98020 Location: The northerly 320 feet of Carr Boulevard to Lyle Avenue. BACKGROUND The applicant for this right of way vacation is also the developer of the Lakeland Lodge Complex, an assisted senior housing complex. The project occupies portions of the existing right-of-way of Carr Boulevard. The applicant petitioned the City to vacate the right-of-way within the project and relocate the street southerly of its current position. The connection to Lyle Avenue from Carr Boulevard is currently within 150 feet of the intersection of Kitsap Way and Lyle Avenue. The relocated street will provide better sight distance for the two intersections, better overall operating characteristics and superior function to the existing Carr Boulevard. RIGHT-OF-WAY CONDITIONS EXISTING ROADWAY NEW ROADWAY . Functional Classification . R-O-W Width . R-O-W Areas . Pavement Width . Surface Type . Curb and Gutter . Sidewalks Local Access 40 feet 13,055 sq. ft. 20 feet Asphalt None None August 2008 Portion of Carr Boulevard Vacation Page 1 of 6 Local Access 50 feet 13,050 sq. ft. 22 feet Asphalt Standard curb 5 foot sidewalk on frontage HEARING CONSIDERATIONS BMC 11.20.120 sets forth issues that the City Council needs to determine at the conclusion of the Vacation Hearing. These issues and the staff position are: 1. Whether the street, alley or portion thereof is no longer required for public use and vacation of the described portion will better serve the public good. Staff Position: With the relocation of Carr Boulevard, this portion of the right-of-way will not be required for public use. The relocated roadway will be superior in public access and function. 2. Whether the vacation is consistent with the City Comprehensive Plan. Staff Position: The proposed vacation does not conflict with the Comprehensive Plan. 3. Whether continued use of the proposed vacation as a public way is not of such public benefit as to justify the costs of maintenance. Staff Position: Maintenance costs of the newly constructed portion of Carr Boulevard will be comparable to the cost to maintain the existing street. 4. Whether substitution of a new and different thoroughfare would be more useful to the public. Staff Position: Carr Boulevard is being relocated. Traffic circulation characteristics for the new alignment are superior to the existing streets. 5. Whether conditions may so change in the future as to provide a greater public use or need than presently exists. Staff Position: The relocated roadway is expected to meet future public transportation needs. 6. Whether objections to the proposed vacation are made by owners of private property abutting the same. Staff Position: This portion of Carr Boulevard has no other abutting property owners than the applicant. However, objections have been received by the Department of Community Development for the overall project from property owners to the south of the development. August 2008 Portion of Carr Boulevard Vacation Page 2 of 6 SHORELINE ACCESS This portion of right-of-way does not provide shoreline access. UTILITIES All private utility companies have been contacted. Puget Sound Energy, Owest, and Comcast will retain easements. Permanent utilities easements are to be reserved for the existing City water and sewer lines. SUFFICIENCY OF SIGNATURES The request for the vacation was made by 100% of the owners abutting the property to be vacated. COMPENSATION This right-of-way is Class 2, as it was dedicated to the City with the recording of the plat of Brentwood Park on February 21, 1929 as Park Drive. The area of the portion to be vacated is 13,055 square feet, with the new roadway dedication to be approximately 13,050 square feet. As the area for the new roadway and the portion to be vacated are roughly equal, compensation will be paid in the form of the new roadway dedication. STAFF RECOMMENDATION City Attorney, Police, Fire, Engineering and Community Development staff notes no objections to the proposal. Staff recommends that this Street Vacation be approved as requested with easements reserved for all existing utilities. August 2008 Portion of Carr Boulevard Vacation Page 3 of 6 ii~a ... Looking northerly from approximately midpoint of road to be vacated. August 2008 Portion of Carr Boulevard Vacation Page 4 of 6 r~},t:;:f?~~~"'T'7--:r',', "~" .,' '~";';"3 :-,":....,:.,.7. ~"..~.:: . >o..':-\~ Looking easterly along new roadway alignment. August 2008 Portion of Carr Boulevard Vacation Page 5 of 6 __ __" ",.;>~:::~::?~ _ ~" C," Looking northerly on Lyle from approximately intersection of proposed roadway. Note short distance between two existing intersections and existing signage. Existing intersection at Carr is at approximate location of white truck in photo, and intersection with Kitsap Way at stop sign just beyond. August 2008 Portion of Carr Boulevard Vacation Page 6 of 6 "RECEIVED. CITY COUNCil OFFICE" JA TE .__.9.jJ_r.J~_Q.~ cc;,: ~~ ,L.\i\.60v\"'" Ph' \ V\ 'L . · W~\I"o."'5 1144 Car ot1evard Bremerton, WA 98312 Mr. Nick Wofford, Councilman, District NO.9 Bremerton City Council 345 6th Street, Suite 600 Bremerton,WA 98337 Re: Proposed Revision of Carr Boulevard Dear Councilman Wofford: We are property owners and residents of the Kitsap Lake Elementary School neighborhood and in fact, we live at 1144 Carr Boulevard, directly across from the school. The owner of the property located at the corner of Lyle Avenue and Kitsap Way is proposing a routing change for Carr Boulevard, which would include a steep hill and limited access to Lyle Avenue and Kitsap Way. The current configuration has worked successfully for 8 decades and as such, has provided the only access for school busses, other large equipment vehicles and regular domestic vehicles during snowy weather. Many people have come to depend on the access Carr Boulevard provides to the school, to Kitsap Way, and to our respective homes. We are very concerned about the loss of the all-weather roadway, and the access it provides during all times of the year. As our Council representative we encourage you and count on you to express our concerns and oppose the revision of Carr Boulevard. We are counting on you to voice our concerns! Thank you! Sincerely, j~ ~hen D. Walton ~';;/.~ Randi L. Cox / lugt: 1 UI L. Lori Smith Sent: To: From: Lori Smith on behalf of City Council Monday, October 06,20089:02 AM Adam Brockus; Brad Gehring; Carol Arends; Cecil McConnell; Dianne Robinson; Michael Shepherd; Nick Wofford; Roy Runyon; Will Maupin Cc: Mike Mecham; Gunnar Fridriksson Subject: FW: Citizen Concern - Carr Blvd. FYI.. . (Please note that this letter should be added to your Council Packet for the Study Session this week...Printed copies will be distributed at the office...) Thanks, Lori -,--'- -~_. ._--,,~, - -,-~- ~_. ----" ..,---..----.. -.... . -- -~.---_.,-~,,. ",. -- <-- --...--- ~- '".,---..- ..------.,,--,~..--- --'---'''~- -.~ _h."__._,_..___.."_,_._~__+ _ ____.__~.__ N ,,_._ .L.u ....._. ,."____..... _ ,,_~~_. _.-"' _. k'_'" ._" ____.._.. ___ ~ From: PitaMolli1@aol.com [mailto:PitaMolli1@aol.com] Sent: Sunday, October 05, 20082:10 PM To: City Council Subject: Carr Blvd. Honored Council members, I live on Carr Blvd. in west Bremerton where there is a proposed change to the road that would potentially leave emergency access to the road at high risk during severe weather conditions. The proposed change would leave the emergency access at an eleven degree angle. Any snow or ice conditions would thereby all but eliminate emergency access to Carr Blvd. during severe weather conditions because the other back road accesses are up and down steep hills and wind through crowded residential areas that oftentimes have trees and tree limbs obstructing the road during severe weather conditions such as the wind storm we experienced just this weekend on October 4th. There are a number of elderly families and families with small children that live on this street. Maintaining safe and secure access, for emergency vehicles, to this street should be of paramount concern to you as our community leaders. I am not opposed to the building or opening of the assisted living care center that is planned for our neighborhood, far from it. I am, however opposed to any proposition that puts people at risk and the proposed road change will do just that. A one-in-a-million chance of emergency crews not being able to reach the residents in this neighborhood is just simply a risk not worth the taking. As an alternative: change the grade of the road so that emergency access would not be impeded during severe weather conditions. In my humble opinion, I believe this is both achievable and reasonable - especially since the residents on Carr Blvd. are not the only ones this would help. If the grade of the road (from the proposed location) was changed not only down to Carr Blvd. but also down to Kitsap Way, this would ease emergency access to all of the neighborhoods in the Carr Blvd. vicinity. Progress is a wonderful thing - but not at the risk nor expense of our citizens and communities. Respectfully yours, Amelia Maule, 1530 Carr Blvd. Bremerton WA 98312 Single Mother Property Owner Tax payer 10/6/2008 Page 1 of 1 7ft Lori Smith Sent: To: From: Lori Smith on behalf of City Council Wednesday, October 15, 2008 10:40 AM Adam Brockus; Brad Gehring; Carol Arends; Cecil McConnell; Dianne Robinson; Michael Shepherd; Nick Wofford; Roy Runyon; Will Maupin Cc: Phil Williams; Mike Mecham; Carol Etgen; Gunnar Fridriksson Subject: FW: Citizen Comments - Carr Blvd (Lea Bouton) Council Members, Please see the Citizen Comments below for your consideration; and note that printed copies of this letter will be in your Council Packets. Thanks, Lori From: Lea Bouton [mailto:leadooley@hotmail.com] Sent: Tuesday, October 14, 2008 6:23 PM To: City Council Cc: leadooley@hotmail.com Subject: Carr Blvd To Whom It May Concern, I am writing this e-mail as I will be unable to attend the City Council meeting on 15 OCT 08. I am a property owner on Carr Blvd and am quite concerned about the proposition concerning the northern 390 feet of Carr Blvd. In the notice distributed to homeowners, it is stated that Carr Blvd will no longer be able to be used as an all weather roadway and that fire and emergency vehicles may not reach us in a timely manner. This is disturbing to me for several reasons. For one, the Carr Blvd to Lyle Road exit on and off of Kitsap Way is a highly used access. This is due in part to the steep grade on Burchfield which does not allow passage in extreme weather. In addition, it is normally impossible to gain access to the neighborhood via other means due to downed trees and flooded out streets (experienced during the storms last winter). The northern portion of Carr Blvd is the only way that most residents can gain access to their neighborhood. If the Northern portion of Carr is vacated and revised, traffic during poor weather conditions will be forced to reroute around Kitsap Lake Elementary. In normal conditions this is not preferable due to the slope as Carr Blvd meets Harlow Blvd. In addition, this will increase traffic volume around the school, especially during high traffic times as school begins or lets out for the day. I cannot imagine that this is safe for the school children, especially during bad weather when the increased traffic would be at its worst. I understand the desire for the current property developers to expand their land by rerouting Carr Blvd, however the safety of the neighborhood residents must be a priority. I am asking that the City Council deny this current proposal unless a revision can be made to properly grade Carr Blvd so that it maintains its use as an all weather roadway, maintaining safe access for the residents of Carr Blvd and the emergency vehicles who may need to attend to them. Thank you for your consideration. Please feel free to contact me at (360) 204-4746 if necessary. Sincerely, Lea Bouton 1535 Carr Blvd, Bremerton WA 98312 10/15/2008 AGENDA BILL CITY OF BREMERTON CITY COUNCIL BILL # 09 - 2.2._1 DATE SUBMITTED: October 1,2008 78 · · · · · · · · · · · · .. · · · · · · · · · · · · · A 7;: ;; ~ ~~ · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · SUBJECT: Public hearing and 6rdinance Committee Meeting Date: Oct. 8, 2008 to adopt the 2008 Comprehensive Plan COUNCIL MEETING Date: Oct. 15,2008 Amendment Docket. Department: DCD Presenter: Andrea Spencer Phone: 360.473.5283 SUMMARY: The action before the Council is to conduct a public hearing and the consideration of the 2008 Comprehensive Plan Amendment Docket. The amendment docket contains both comprehensive plan text and map changes and are summarized as follows: 1) Cartographic updates to the Official Land Use Map, 2) Land use map change for Fire Station#2 on Oyster Bay Ave., 3) Land use designation for the South Kitsap Industrial Area (SKIA) Urban Growth Area (UGA) 4) Establishing land use equivalencies for Bremerton-associated UGA's, and 5) Establishing land use designations for City-owned parcels outside of City limits. ATTACHMENTS: A) Staff memorandum describing in detail the 2008 amendment docket B) Proposed Ordinance NO. 50" 'l. FISCAL IMPACTS (Include Budgeted Amount): None. APPROV ALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: ,,- // / COMMITTEE CHAIR f COUNCIL PRESIDENt--- CONSENT AGENDA 0 GENERAL BUSINESS 0 PUBLIC HEARING RECOMMENDED MOTION: Move to pass Ordinance No. 5"ofo2. adopting amendments to the Comprehensive Plan Text and Official Land Use Map. COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action . . . DEPARTMENT OF COMMUNITY DEVELOPMENT MEMORANDUM HIE 'In OF nIP! AND OPP"RTIIHHr , _ To: City Council From: Lindsey Sehmel, Planner I Date: October 15, 2008 Re: 2008 Comprehensive Plan Amendment Docket EXECUTIVE SUMMARY Staff and the Planning Commission are pleased to present the proposed 2008 Comprehensive Plan Amendment Docket for Council consideration. State and City statutes allow the Comprehensive Plan to be amended a maximum of once per year (not including adoption of Sub Area Plans). The 2008 Docket includes five amendments as follows: 1) A land use map amendment to show cartographic updates corresponding but not limited to Kitsap County Land Use designations and Adopted Urban Growth Boundaries, as portrayed in Exhibit B. Amendments reflected include: a. The Downtown Regional Center, which was not labeled properly b. Updates to the UGA boundaries as a result of Kitsap County's recent updates c. Updates regarding Kitsap County Comprehensive Plan designations d. UGAs are labeled with their names e. Adopted Sub Area Plans were not displayed 2) Land use map amendment to amend the Land Use Designation on the Official Land Use Map at Oyster Bay ~ Ave and Kitsap Way. BHA desires to move forward with the implementation of the Westpark Sub area Plan originally adopted in 2006. BHA has determined that the City's Fire Station #2 property may help the overall implementation of the commercial component of the Westpark Plan. This amendment will allow BHA to bring forward future amendments to the Westpark Plan in order to incorporate this site. Should the property not be sold to BHA and a sub area plan not developed for the site, development would be limited to R-10. This change makes the fire station a conforming use (currently it is not). 3) Text and map amendments for the SKIA UGA. During the annexation process the City invoked interim land use controls for the annexation of SKIA North and SKIA South. There is a need to designate the SKIA UGA within the City's Comprehensive Plan for consistency with the GMA. The designation of Manufacturing and Industrial Center aligns itself with the City's 'Centers Concept' found in the 2004 Comprehensive Plan and is consistent with the Puget Sound Regional Council 2040 Vision Plan - which addresses SKIA UGA as a regional industrial employment center. 4) Text and map amendments illustrating equivalent County land use designations of UGAs into existing City designations to better prepare the City for future annexations. . . . 5) Text and map amendments to incorporate City owned lands in to the City Land Use Map, assigning the properties with Watershed (WS), Low Density Residential (LDR) and City Utility Lands (CUL). Future annexation will be necessary to bring these parcels into the City boundary. OPTIONS 1. Adopt the 2008 Comprehensive Plan Amendment Docket. 2. Take no official action on the 2008 Comprehensive Plan Amendment Docket, continue deliberation, and make additional revisions before acting on the Docket. ATTACHMENTS . Informational Documents o 2008 Comprehensive Plan Amendment Summary Table o Concept Plan for Westpark - Docket Item 2 o Puget Sound Regional Council Map - Docket Item 3 o Planning Commission Meeting Minutes - 8/19/2008 . Informational Packet . Summary Table . . Bremerton Housing Authority Map . Puget Sound Regional Council Map · Draft Planning Commission Minutes (8/19/08) . . City of Bremerton 2008 Comp Plan Amendments . . Summary Table Docket Item Ordinance Name SUffilmu-y Notes/Discussion Exhibit # The proposal is to amend the Land Adoption of a Cartographically revised Official Land Use Map (Pg. LU-46) to show Use Map. Adoption of 1 B- Map Official cartographic updates City staff recognized inaccurate mapping and Comprehensive corresponding but not limited to repaired cartographic errors. Kitsap County Land Use Map Kitsap County Land Use recently adopted changes in the Urban Growth designations and Adopted Urban Growth Boundaries. Areas. Amendment to the Official Land Use Map at Oyster Bay Ave and Kitsap Way. BHA desires to move forward with the implementation of the Westpark Sub area Plan. The plan was adopted in early 2006. BHA has been undertaking engineering work to implement the plan and determined that acquisition of the City's Fire Station property may help the overall implementation of the commercial component of the Westpark Plan. The amendment C- Land Use Map will allow BHA to bring forward future amendments to the Westpark Plan to incorporate this site. The proposal is to amend Should the property not be sold to BHA and a sub 2 Change in Land designation to the City Fire station area plan not prepared for the site, development (Supplemental Use Designation from Transportation, Utilities and would be limited to R-10. The change makes the information- Westpark Public Facilities to Public Sector fire station a conforming use (Currently it is not). Village Concept) Redevelopment Site. See informational handout of the 'Westpark Village" concept of what BHA might bring forward as an amendment to the Westpark Subarea Plan. Changes meet multiple LU goals by identifying and integrating edge areas in the planning of neighborhoods (LU 1 b), modifies existing zoning to provide for essential services (LU3a), and improves pedestrian access to commercial services (LU4a). October 15th , 2008 City Council Public Hearing 1 . City of Bremerton 2008 Comp Plan Amendments . . Summary Table k Onlinance /DO 0 Doc et Item Exhibit # Name Summary Notes ISCllSSlOn 3 D- Table of Contents D- Center Overview D- SKIA MIC D- MIC Land Use Description E- Land Use Map (Supplemental information-PSRC Designation of SKIA as Industrial/ Manufacturing Center) Adoption of Camp Plan Land Use Designation for SKIA UGA The City is processing annexation petitions for properties in the SKIA UGA. City to add text in the Comp Plan designating the South Kitsap Industrial Area as 'SKIA Manufacturing and Industrial Center' Amendments to Comp Plan text and official Land Use Map that designate a manufacturing and industrial center and future sub area planning efforts for the SKIA UGA. These amendments are consistent with the PSRC 2040 Vision Plan and the GMA. These proposals also coincide with multiple LU Goals within the City of Bremerton including the identification and designation of centers throughout the city (LU 1, LU 1 a), the creation of an environment that promotes growth (LU3, LU3b), designation of areas on the LU map that will serve as the primary focus for growth (LU5, LU5c), provide for the viability of centers through land use designations and infrastructure provisions (LU11, LU 11 c, LU 11 d), and support appropriate land use policies and regulations to prevent siting of incompatible uses adjacent to general aviation airports (LU16). October 15th, 2008 City Council Public Hearing 2 . City of Bremerton 2008 Comp Plan Amendments . . Summary Table Docket Item Ordinance Name Summary N otes/Discussion Exhibit # Amendment to add a new map and matrix to the Comprehensive Plan that depicts County Land Use Text and Map designations and the equivalent City Land Use amendments designations within UGA's. illustrating In order to better prepare the City F- Matrix for future annexations, City staff These amendments meet multiple City land use G- Map Overview equivalent Kitsap have prepared text and map goals found in the 2004 Comp plan, including the H - Gorst and West County Land Use amendments illustrating equivalent designation of areas on the LU map that will serve 4 Bremerton UGA designations to county land use designations of as the primary focus for growth (LU5), removal and 1- W. Bremerton UGA's corresponding UGA's into existing City revision of existing land use designations allowing J - E. Bremerton UGA's City designation designations through extensive for multi-family housing outside of center for all UGA's assigned to the research and comparison. designations (LU7), provides for the viability of neighborhoods through strategic land use City by Kitsap designations (LU 11), and plans within the UGA's County. expected to accommodate the growth over the next 20 years (LU20). Amendment to the official Land Use Map designating City owned land. Future annexation will The Proposal is to incorporate City be necessary to bring these parcels into the City owned lands into the City Land Use boundary. 5 K- Map Assigning Land Map. Assigning the properties with designations of Watershed (WS), The adoption of this amendment adheres to City Use designations Low Density Residential (LOR) and wide land use goals. Whereas, the city is to City Utility Lands (CUL). recognize the importance along with increasing the amount of open space, while protecting natural resources (LU2, LU 18). October 15th, 2008 City Council Public Hearing 3 I . 'Dl~~IWI~g;!.'\!t ~'>' ,;5'1 1:;1\ 'I';.,." :'-, I i ! - ! , , ; i L_ ~ . I Purposes onl2Y Informationa Docket Item ! i z ~ CJ ~ ~ ~ ~ > ~ ~ '\ " v // /' /// ./ //' / ,,// / ../"/'~ ''''\~ (( \ I - --- --- -- -' --' -- // ,/ ,/ .~-----~....,- ",,' ,'/ ",," --- --- -- ~--~- -"'" . Informational Purposes Only Docket Item 3 . Informational Handout - Map Excerpt from Puget Sound Regional Council VISION 2040 Illustrating SKIA designated as a "Manufacturing/Industrial Center" '~\; '\'~, '\, ';'~~}2SW' :.:~, ':1~"~~~~~':r~9sh\ <~,X.--'-'i "../ :,>,~ . Regional Growth Center ,-i;~~'\~~:;;~fYjt-4Jl r: ,> . Manufacturing/Industrial Center "<':z3;?:'~~:f},j;:;F:) jY"1.' o Urban Growth Area'.;'~<::~'j~l~~~~R!~I,~!l;P:v.E!'i:~t.r . . ~ >. I'?->=' .0' t( , '\J.. " ~ ,'", . "~.. ,.-. (' ~'f<' ,.J,';'" (j J , 1"- y., ~ \,~,>'" .,' : -~4 ., "" 1;i,'S I, ' ,.-' .'>"," ""\~ '~"4' 'f ,.".,. ,~.P;itfe F/elUlI o~mg, r iO~:~~~. 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J? ~,,g~~.pcL;::- , i . { I ' >~~~, "j':.- ,....ft, ~1I J f'Cf-Jp-., ,......... '-. f \ 7~'\'. \..,; \"_.._.__n__ " ,,,,, " 'lacoma 'Mall '.--1 rL-'I' '........ ,; ') " c .~ . '. '1" ',',' ~ "'- ,_LL.. _. :"", '....' '. ,i. " .'~ ,}-,.~_: ' I,'. '., ",::<,:,-:,', J \!-H-'t' ,c---+_.~:f.@.?wll)t~wn:,~~y.a!!~~~-?,.~ : I! N ~ ,g ~~'--~ j.J /1 .LJ t j:"" ~ '-.., '-r~ ' I., ":",:1 ": l.:a~e"Xood'~;=!~S'outh~b1i11. :' --'""-..,_f """''I. ' _ //1:> \ ' A' ...0-'/' .^ y' \ I'~ I, '''''f"''/ ~ ,..--"':.:;;:.- ! " "r" I r"-'" I ""-. I I. """,', V" , .' 'y,il l..-).t;"/ (1--- \~~----r .\ r (, ,:.J ,Y--,-' ,-- -,,> A'l----..~^,..Fr~fJeriC~!~/ "'\" . \'. .. f. ("- . ~ / \.4---~f \,~ _/. \ I. -l .. " f' . I \;, . . . . DRAFT FOR APPROVAL ON 9/16/08 Minutes for City of Bremerton Planning Commission Regular Meeting August 19,2008 I. Call to Order The meeting was called to order by Chainnan Mosiman at 5:32 p.m. II. Roll Call "~" . Those present were: Commissioner Hoell, Commiss.i~rter~,\,K:ennedy, "QIJ1!l1lsslOner Kosusko, Commissioner Streissguth, Commissioner Wheeler, and Ch''''irman Mosiman. Quoit1ffi'eertified. Also present: Andrea Spencer, Nicole Ward, Lindsey",Se / " .~. , and Pami!.3ykonen (DCD s " .'~~}~~~\t, III.,:" Chainnan Mosiman introduced the agenda. '. as presented. ~nsus to approve the agenda ",YO The minutes of the Regy .... eeting."eld on March"$8, 2008 were presented for approval by Chairman Mosiman. A motion"~i~tfuade by C~1nmissioner K€~ec;ly and seconded by Commissioner Kosusko . 't"'ij....\.\:':. 'f:",t.:r1 l;,~.:~.:pJ to approve the Regular;';M.~eting iNtin tes of Mar~h;/18, 2008, as presented. Called for a vote: "l:o., 1:~fJt\,,~ ~1:r.: Commissioner Hoell: Yes; Commis' '-'egy,;;,*,es; Commissioner Kosusko: Yes; Commissioner "~'ht,it',eUt",,, "i;:..r~-::':;!.\ "",';:'.1r',''::''.171.- Streissguth:~'f~;;~'~2":"" issionef"W"eeler: Yes\(l;'!C1<llaiiman Mosiman: Yes. The motion carried. ,. .}.' 0," es of the Regu eting~,:,~l\\q.9,"May 20, 2008 were presented for approval by Chairman ,motion was ni~;.,,:~~y ~ontiprssioner Hoell and seconded by Commissioner Wheeler to . egular Meeti.ggi Mmutes of May 20, 2008, as presented. Called for a vote: ~\~~ll: Y es;C$,gmmissioner Kennedy: Abstain; Commissioner Kosusko: Abstain; 'i}'""" uth: Y e,,~;;~[Commissioner Wheeler: Yes; Chairman Mosiman: Yes. The motion The m" Mosim approve t , Commissione . Commissioner carried. VI. Public Meeting A. Call To The Public (public comments on any item not on tonight's agenda). Chairman Mosiman asked if there were any comments from citizens. Seeing none, he closed this portion of the meeting. B. Public Hearing: Planning Commission Meeting August 19,2008 Page 1 of 6 . DRAFT FOR APPROVAL ON 9/16/08 1. Residential Cluster Development. Nicole Ward, City Planner, presented the proposal to amend BMC Chapter 20.58.060, Residential Cluster Development. The purpose of the proposed amendment is to simplify the requirements and clarify the language of the current code. Chairman Mosiman opened the public hearing on this item and asked for comments. Seeing none, he closed the public hearing and asked for the commission's comments and deliberations. Commissioner Kennedy asked if the new standards were applied to plat example #3 showing 20 residential lots, would the developer be able to achieve the same number of building lots. Nicole said they would get the same density but with a different layout to p' vide adequate open space amenities. Commissioner Kosusko asked staff for a definition of what,Q' to contain to be considered open space. Nicole explained~ttl~t ther critical area preservation and active open space. Th~", critical area . preservation of critical areas and must comply wjt~~t~~~requirement~ .'% Areas Ordinance. Active open spaces would insJtlCle parks, tot lots, play fi maintained through the subdivisions covenants,"~'.v" regulation.s \'~tl e is and what it is expected two types of open space: space specific to the orth in the Critical , etc. and must be A motion was made by Commissioner Streissgut . e~onded by Commis lOner Kennedy to recommend City Council adopt the amendment "~'!'~'\'i","e Residential Cluster Development BCM Section 20.58.060 as detaile.;Ml! Attachment I lja~~,4~on the Findings and Conclusions :.t-.t!:t;., ','M...tl/: Nt> presented in Attachment V. Call~~~K~r,",..a vote: Comnii'~r ner I;Ioell: Yes; Commissioner Kennedy: Yes; Commissioner Kosusk.~:'w;~~l~~1~!;?mmissione .. ssguth: Yes; Commissioner Wheeler: Yes; Chairman Mosiman: Y e'~l~, Tlie~'ffi;"~'i'(;arried. \:jA, T' 2. Comprehensivei!:~!!" AmendmentS~t;r.3:: 008 Doc' ~,) Lindsey Sehmel, City Planner, ~~._~ ."~ :A presented the 20Q~~IDocKet, !=omprehensi~~ Plan Amendments. The amendments are: 1. Adoption of OffiCl.,.3A-and U se Map~t~\ 2. Chall Land~lWse Designati~'ih.,,Jrom Transportation, Utilities and Public Transport 't "to Pit"li Sector Rede{:~rbpment (Bremerton Fire Station #2 near West ,:g<l;r!sl . "g)~f~~~lt&'ili~~~Rk~~ts t;~swpreh~rislve.. . ran text and Official Land U.se Map that designates a ',' manufacJH.ung and\l 'd)lstnal center and future sub-area plannmg efforts for the SKIA "'J;:r:;:'~'1' Urban GrMV\ Area. . Text and ma mendm~pts illustrating equivalent Kitsap County Land Use designations to correspondl!Jg~ ity dtsignations for all UGAs assigned to the City by Kitsap County. ... .' mendment tqHhe Official Land Use Map designating City owned land. " "~rl n,~sked for public comment on this item. . . Kurt Weist, Ex.$cutive Director of the Bremerton Housing Authority: "I would like to give brief comments" on Comprehensive Plan Amendment #2. First of all, 1 want to thank City Community Development Staff and the Fire Department for working with the Housing Authority. on this particular item. They've been very cooperative and this is something that's important to the Housing Authority relative to our overall redevelopment plans for the West Park public housing development. 1 wanted to give you, also, a report on our progress since 1 last came before you, about 18 months ago. It's been a busy time for the Housing Authority; we've made great progress on our overall redevelopment plan for West Park. We have completed Bay Vista Commons, which is the [inaudible] on the corner of Kitsap Way and Oyster Bay Avenue. We have received approval from HUD on our demolition and disposition plan for West Park, and moving forward with that, we have, as of today, we have relocated 137 families out of 571 units Planning Commission Meeting August 19,2008 Page 2 of 6 . DRAFT FOR APPROVAL ON 9/16/08 at West Park - that's about 25% of the development - has currently been relocated and we're moving forward with continued relocation of residents there. We've also completed preliminary design on the replacement housing - that's part of the sub-area plan - as well as the new commercial component of the redevelopment plan. We have been in negotiations with the City regarding the fire station, which is located at the off-ramp of Highway 3 and Kitsap Way. We believe that acquiring that fire station and incorporating it into the previously designated commercial component of the redevelopment plan will be an enhancement to the overall design of the project. The commercial component is about five acres; acquiring the fire station would add another 1.3 acres to the overall commercial component of the plan. We've also been working with the City and the Fire Department staff on identifying an apprQp.xiate placement facility for the fire station and tha~ would be on property that's owned by t~~~i~fi1~~on Housing Autho~ity near the corner of KItsap Way and Oyster Bay Avenue, '!octQ.ss the street from Bay VIsta Commons. I would encourage your consideration of this a~~~9ati.11~, We believe that it's in the City's best interest [inaudible] great success, we believe, i'JIbe Ott"'( rough the redevelopment of West Park. Thank you." " James Weaver, Development Director, City 0 ort Orchard: "I wan <" ank you for the opportunity to be here tonight. First of all" ' nt to compliment Andreaencer] and the P,:, , 'Mffi'r:\~'f' Community Development department staff oil t cellent jQl:t they've done an~I!their planning efforts ,and. the documents; the qualit~ of the doc '''I:~~~~;~i~~1'~e de!ivered f0l5fihe City. A~ a small CIty, m Port Orchard, we're lookmg to emulate a:s~!~Mfh as possIble the successful plannmg that Bremerton's had and the succe ful revitalization tRilf~it e City is making. Comprehensive Plans, they're documents that craft'sion for the furor :f.s the growth of Bremerton is expanding, and the growth of Port Of"",,, 0 expanding,\\;;~i!~6k for opportunities to work together on how our adjacent borders cah alig ,,-' ,w we can -\y,o'rk together on shared interests 11'1't:1, W as these borders come more and more iIit,~ ali 'e: City of Port Orchard, we're on the same annexatioIJ,4l~!h;g~rat Bremerton' As you ,,5' know, the City of Port Orchard is currently processjp.g1.-\'llfii;))1;,\''':'0~''xation request" McCorrrHfk Woods from the residents for the Urban Growth, "fg'a ULID- hat's very sirtylar to the SKIA annexation. I hope our comments are of assist the PI'!,yping Commissi~~"Jend that our request is of assistance in the deliberations for tli, enoments. Primarx#lc'omment, related to the 2008 amendments, is related t - ,~ndment,' ,\~!'~q~~'i1t;" l' . ,p""iliat was identified for that. If you'll notice, the Lm.1,g~,'sc", ",front o. 2004..:.. aithat time it did not include McCormick Woods within tM'r'city boundan e red"l(j "epicted McCormick Woods. And Northwest Corporate Campus S::::l.:' '~.\~iF~~, . "V barrier for futu ' 'ansion\iJ.Ot~t:he~ City of Bremerton' s growth plans. The new map has been ';;a~le:,,-::'o e.confusing to citI;"',l~'S of th~~~ity [of Port Orchard] and McCormick Woods in that it clearly depI reas that are \ [Kitsap] County zoning Comp Plan designations in gray, and yet identifl ':~e] McCon~h~k Woods area in zoning designations of color. It's correctly depicted on Amen ~\"ent #4 for Joe designations for Unassigned Urban Growth Areas, but our request is that the ~~,. 'c a!Ix~tfue corrected to reflect unassigned designations for areas that are not associated wit, .(,. ity as well to reflect the correct zoning, or at least consistency with the rest of the map. at! r comments that have been brought to our attention are the consistency for zoning designations and potential impacts as zoning within Kitsap County allows certain densities whereas the equivalent zoning that's been identified actually allows higher densities that may have been identified in the Environmental Impact Statement for that document. The last item is that we look forward to working with the City on all of our issues. We hope that these comments are of assistance and are happy to answer any questions as both cities move together and how our Comp Plans are going to be updated over the course of this year. Thank you." . . Ken Atteberry, CEO, Port of Bremerton: "We've been engaged with the SKIA annexation process and I would like to say that we've been in reasonably close conversation with your Planning - Department of Community Development - that shows my age; I've been involved Planning Commission Meeting August 19,2008 Page 3 of 6 . DRAFT FOR APPROVAL ON 9/16/08 with Planning Department for too many years! In any event, appreciate the approach in regard to the SKIA designations and look forward to the sub-area planning process and the zoning pieces that will evolve from that. Just to indicate that one of our principle issues that we'll be raising during that process is protections for the airport as it enters a new jurisdiction. As the County did their planning through the '90s and early 2000s, there was a reasonable set of land use policies relating to aviation and protections of the airport. I look forward carrying that on to the next tool of zoning as we get to know what being in the City is like. Thank you very much." Bill McKinney, Forestry Manager, City of Bremerton Public Works & Utilities: "I'd like to address Amendment #5 which is the amendment to the official L~~hJJse map designating City owned lands. Public Works staff identified approximately 490 ac_r$~~Z>"Wh~,d by the Water Utility; ~"\' ., these are lands that we've owned for years, in some instances, ecades, and they had never been incorporated into the City Land Use map. We believe that th '"..,J,ed designations that Lindsey has discussed and that you have on your map are consisten, th ffi~E~(:ijacent City owned parcels and Public Works & Utilities would be in favor, very , of y6Yrf"" opting this amendment to the Comprehensive Plan. Thank you.'" . Dick Davis, Chairman, McCormick Wood~lNW1exation1sCommittee: "We een working r.1!"'H~r~ll1.'AI. ~: with the City of Port Orchard now since last'!'OCtQ~",,~& on PO~~~Jjal annexation 0 ur community into the City of Port Orchard. We have submitted ~uf~l~~' "''':'plic'ation petition; . are very close to beginning a campaign to collect signatures of 75' the property valuation within the designated annexation area, and w.~JJ~ here this eveninn very short notice so we have no 'P'::~t~" . prepared remarks, but I would ask t "-'1' - ou look at these , which - and I know nothing about this stuff. Believe me, this is, w for me. ~bu look at these areas for annexation, please keep in mind that w .~~~ ., normous "g.mount of work to get ourselves prepared to run.an annex.ation cam~aign'\9,^, be ..~Pp,,!,i~,~tE(!i~~~'City of Port Orchard. We .would be heartbroken If so . ,on a pIece of"PeP~twere to'\mf;act what we've spent about eIght or nine months work,;ir ~"'f1"we ask that y~u please gi~ serious consideration as you look at these things. SgJk I haven'il~lheard anything::that seems to impact our annexation effort, but we would ask YOtl1'tdi1~~~P that i~itfuind as you lo'b:~~'!.-~?these things and know that, as a community, we've done all thi~'i",~'c"bk an ,,~o>r we want to tillte it to its logical conclusion. We thank you for . .'Y your co ation.". .t!" I},<~ ked for further public comment on this item. Seeing none, he closed the asked for the commission's comments and deliberations. Note: As a Bremerton Housing Authority Commissioner, Commissioner Streissguth recused herself during the discussion and deliberations regarding Amendment 2. The entire commission will deliberate and vote on Amendments 1, 3, 4, and 5. The commission, minus Commissioner Streissguth, will deliberate and vote on Amendment 2 as a separate item. . Amendment #1 Regarding comments received 'on Amendment 1, Commissioner Streissguth asked if there were errors in the consistency of the two maps mentioned (the 2004 and 2008 versions). Andrea explained that on the official Land Use map, City land use designations are shown on land within the city limits, and County land use designations are shown on Urban Growth Areas that are Planning Commission Meeting August 19, 2008 Page 4 of 6 . . . DRAFT FOR APPROVAL ON 9/16/08 adjacent to the city with a map legend for each. The current map format is consistent with the 2004 land use map format. She made it clear that the City of Bremerton would not interfere with the McCormick Woods annexation into the City of Port Orchard. Commissioner Hoell asked for confirmation that McCormick Woods was located in ULID-6, an unassociated Urban Growth Area. Andrea said it was. Commissioner Hoell asked if the proposed amendment impacts in any way the McCormick Woods annexation. Andrea replied that it absolutely did not affect that annexation. Amendment #3 ,';;;,',&\;." Commissioner Kosusko asked if a full description of the new Lanpo&,WsewQesignation, MIC, would be included in the Comprehensive Plan. Staff replied that it was/);i';.\" udedin the attachments with the updated information. Amendment #4;,,,,,,,,,, ',\.J:,,'tJ;>., ,\\ l" Commissioner Streissguth thought that the Counj:y)s:\>>Ru,bli'c Facilities~.~,finition was broader than the City's. Using Low Density Residential tQ~lffeas designated Public"P":;' 'ties might not be an appropriate designation. Andrea explain~qi:!ljat the area~ in question were od truthed" c:;::t'\:\';"~:',,;:'r:'fil ~l'!. . (physically visited) and found to be appropriate"ll'~~s;. within ,~tl:}e Low Density R'e loential zones. Commissioner Streissguth asked if the County'~~~:i,.., ,;p:~1iiiit"'a public facility that fits the County's definition in these areas prior to annexatio Bremerton. Andrea said that staff understands that the land use equiv ncies is a "band-ai',,\f4,,!pproach and the jurisdictions will ,\1f:"~'~r work cooperatively to negotiate Urba ' wth Area Manage1$.entAgreements (UGAMA). '\. .:'., Commissioner Kosusko asked if the rl,~~ cies was ,~' inding document or merely a guide to make the transition to annexatIon smootlie 'drea:'" said it was created to make the '''? 0l'f.7 ' -:'!\~;~lt1r annexation process e,!~i~:;:~;~~t there are a[~~,~,!~Where the ";Jfyrs land use designation is less dense than the County' J~ffa~!ur'W)' signation and~f6at may create some tension with residents in those areas. - "~,\ i,lt". ,:t. :"lj~~~l"oRerties located outside of the city limits were to be . '(;I;.<l,bll.,..;I.,b~k.,~:L'" aid tha(the;City intends to annex these parcels. -~",~, ~~'f":" otion was m'< "Y. Com "i~siori'er Streissguth and seconded by Commissioner Kosusko 'E~'~~;';t:..i\. '.~\,,~;t;J'\'1' e~()mmend CitY<i&~gncil ad~pt Amendments 1, 3, 4, and 5 to the Comprehensive Plan as del .!~!l"in Attachmen:!n based on the Findings and Conclusions presented in Attachment II. C~feQ. for a vote: ~Rmmissioner Hoell: Yes; Commissioner Kennedy: Yes; Commissioner Kosusk6:', ,~es; Commissioner Streissguth: Yes; Commissioner Wheeler: Yes; Chairman "<,' g,"" Mosiman: y;~,~" The ~6fion carried. Amendment #2:1" (Commissioner'Streissguth left the room.) Commissioner Kosusko asked if the property Fire Station #2 is located on was included in the original West Park design and if not, what the process for making this change is. Andrea explained that the Bremerton Housing Authority will have to bring forward a Sub-Area Plan Amendment showing changes to their proposed plan. This will take place once the land use designation is changed from Transportation, Utilities and Public Transportation to Public Sector Redevelopment Site. Planning Commission Meeting August 19,2008 Page 5 of 6 . DRAFT FOR APPROVAL ON 9/16/08 A motion was made by Commissioner Kennedy and seconded by Commissioner Wheeler to recommend City Council adopt Amendment 2 to the Comprehensive Plan as detailed in Attachment I based on the Findings and Conclusions presented in Attachment II. Called for a vote: Commissioner Hoell: Yes; Commissioner Kennedy: Yes; Commissioner Kosusko: Yes; Commissioner Wheeler: Yes; Chairman Mosiman: Yes. The motion carried. (Commissioner Streissguth returned to the meeting.) VI. Business Meeting A. Chairman's ReDort: None. . B. Director's ReDort: Andrea Spencer, Director of Cq that the SKIA North annexation petition was being reviewe~;~~. staff should be hearing its verdict soon. It is anticipated t':f e pe ~ South would be filed this week. There will be a community outreach meeting fo Senior Center on August 27,2008 at 6:00 PM. C. Old Business: None. D. New Business: None. . Planning Commission Meeting August 19,2008 Page 6 of 6 . . . ORDINANCE NO. ~~d- AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending the Comprehensive Plan, as follows: Amend the Land Use Map to reflect cartographic updates; change in Land Use Designation for Fire Station #2 from Transportation, Utilities and Public Facility to Public Sector Redevelopment Site; amend text and Official Land Use Map designating a Manufacturing and Industrial Center for the SKIA UGA; text and map amendments designating equivalent County land use designations of assigned UGAs into existing City designations; and a Land Use Map amendment assigning land use designations for City owned lands outside of City limits. WHEREAS, the City of Bremerton adopted a Comprehensive Plan on December 1,2004 by Ordinance No. 4917 and has been subsequently amended by Ordinances No.; 4954, 4962,4985,4998,5025,5034, and 5037, hereinafter referred to as the "Comprehensive Plan"; and WHEREAS, the Washington State Growth Management Act ("GMA") requires internal consistency among comprehensive plan elements and the plans from other jurisdictions; and WHEREAS, to assure that comprehensive plans remain relevant and up to date, the GMA requires each jurisdiction to establish procedures whereby amendments to the plan are considered by the City Council (RCW 36.70A.130(2)), and limits these amendments to once each year unless an emergency exists; and WHEREAS, the City of Bremerton has established a procedure for amending the Comprehensive Plan in Title 20.10.010 of the Bremerton Municipal Code (BMC), that limits amendments to the Comprehensive Plan to no more than once each year; and WHEREAS, on July 25, 2008 the Washington State Department of Community, Trade, and Economic Development received notification of the Comprehensive Plan Amendment docket for 2008; and WHEREAS, no public comprehensive plan amendment applications were submitted in the 2008 Comprehensive Plan amendment docket, all amendments are initiated by staff to correct inconsistencies with Kitsap County's Comprehensive Plan, to address changing circumstances relative to land use needs, and the need to designate comprehensive plan land uses for anticipated annexation areas; and 1 2008 Comp Plan Amendment . . . WHEREAS, on August 6, 2008 a Notice of Adoption of Existing Environmental Documents pertaining to amendment docket items 3 and 4 of the proposed action was filed with Washington State Department of Ecology under the provisions of WAC 197-11-630; and WHEREAS, on August 7, 2008 the public was notified by a legal advertisement in the Kitsap Sun of the opportunity to make comment and participate in the public hearing by the Planning Commission; and WHEREAS, on August 16,2008 a SEPA DNS was issued for amendment docket items 1,2, and 5 with an administrative appeal deadline of September 1,2008 and no appeals were filed; and WHEREAS, on August 19,2008 the Planning Commission conducted a public hearing on the 2008 Comprehensive Plan Amendment Docket, and the Planning Commission recommended the City Council approve the amendments as presented; and WHEREAS, on September 30, 2008 the public was notified by a legal advertisement in the Kitsap Sun of the opportunity to make comment and participate in the public hearing by the City Council; and WHEREAS, on October 15,2008 the City Council conducted a public hearing and considered all testimony prior to their decision; and WHEREAS, the proposal meets requirements of the Washington State Growth Management Act (GMA); and WHEREAS, the proposal is consistent with Kitsap County Countywide Planning Policies (KCCPP). NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The findings and conclusions adopted by the Planning Commission on August 19th, 2008 and attached hereto as Exhibit A are adopted and incorporated as if set forth fully herein. SECTION 2. The City of Bremerton Comprehensive Plan is hereby amended by approving and adopting docket items 1-5 as follows: Docket Items: 1. Land Use Map: Amend the Land Use Map (Pg. LU-46) to show cartographic updates, corrected UGA boundaries, and corrected Kitsap County land use designations, more particularly described in Exhibit B affixed hereto. 2 2008 Comp Plan Amendment . . . 2. Fire Station #2: Change in Land Use Designation for Fire Station #2 from Transportation, Utilities and Public Transportation to Public Sector Redevelopment Site, more particularly described in Exhibit C affixed hereto. 3. SKIA UGA: Amendments to Comprehensive Plan text, pages 40 and 41, and the Official Land Use Map. Designating a Manufacturing and Industrial Center (MIC) for the South Kitsap Industrial Area UGA, more particularly described in Exhibit D (Text) and Exhibit E (Map) affixed hereto. 4. Land Use Equivalencies: Text and Map amendments illustrating equivalent Kitsap County Land Use designations to corresponding City designation for all UGAs assigned to the City by Kitsap County, more particularly described in Exhibit F (Text), Exhibits G, H, I, J, (UGA maps) affixed hereto. 5. City Owned Land: Map amendment designating City owned land with City Land Use designations of Watershed (WS), Low Density Residential (LDR), and City Utility Lands (CUL), more particularly described in Exhibit K affixed hereto. SECTION 3. Severability. If any provision of this ordinance is held invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality ofthe remainder of this ordinance. Provided however, that if any provision of this ordinance is held invalid or unconstitutional, then the provision in effect prior to the effective date of this ordinance shall be in full force and effect for that individual provision as if this ordinance had never been adopted. 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 ,2008 WILL MAUPIN, Council President Approved this day of ,2008 CARY BOZEMAN, Mayor 3 2008 Comp Plan Amendment . . . ATTEST: APPROVED AS TO FORM: CAROL ETGEN, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the EFFECTIVE the ORDINANCE NO. day of day of ,2008 ,2008 R:\Legal\Legal\Ordinances\Community Development\2008 Comp Plan Amend.doc 4 2008 Comp Plan Amendment Exhibit A . FINDINGS AND CONCLUSIONS OF THE CITY OF BREMERTON PLANNING COMMISSION 2008 Annual Comprehensive Plan Amendment Docket I. FINDINGS OF FACT 1. Project Description The City considers Comprehensive Plan amendments annually. The intent of this year's amendment process is to only make minor changes and corrections to the recently adopted 2004 Comprehensive Plan. The five changes on the docket are: Adoption of Official Land Use Map (minor cartographic updates); change in land use designation from Transportation, Utilities and Public Facilities to Public Sector Redevelopment Site at Oyster Bay and Kitsap Way; adoption of Comprehensive Plan land use designation for SKIA UGA; equivalency land use designations corresponding to all UGAs officially assigned to the City of Bremerton; and Land Use Designations for City owned lands outside of the City limits. . 2. Procedural History 2.1 On July 25.2008 staff notified the Department of Community, Trade and Economic Development of the intent to adopt amendments to the Comprehensive Plan. 2.2 On August 6. 2008 Staff notified the Department of Ecology of the notice of adoption of existing environmental documents regarding amendments three (3) and four (4) of the 2008 Comprehensive Plan Amendments. 2.3 On August 9, 2008 a notice of Planning Commission pUblic hearing was published in the Kitsap Sun and the public was invited to comment. 2.4 On August 19, 2008 Planning Commission conducted a public hearing on the 2008 Comprehensive Plan docket. 3. Public Comment 3.1 Individuals submitting written comments: a. To be inserted following public hearing 3.2 Individuals providing verbal testimony at Planning Commission public hearing: a. To be inserted following public hearing 4. SEPA Determination A Determination of Non Significance (DNS) was issued on August XX, 2008 with an appeal deadline of September XX, 2008. 5. Consistency Amendments to the Comprehensive Plan shall meet the decision criteria outlined in BMC 20.10. The Planning Commission may recommend, and the City Council . Exhibit A . may adopt or adopt with modifications, an amendment to the comprehensive plan if the criteria outlined below are met. 5.1 BMC 20.10.080(a) allows amendments to the Comprehensive Plan if there is an obvious technical error in the pertinent comprehensive plan provisions. Amendment 1 (Map cartographic updates): The adoption of the updated Comprehensive Land Use Map falls into this category due to cartographic errors. Cartographic misrepresentations were identified and corrected. 5.2 BMC 20.18.020 (d) (1) allows amendments to the Comprehensive Plan if it is consistent with the goals and policies of the Comprehensive Plan. These amendments (2-5) are minor and continue to uphold the objectives and goals of Comprehensive Plan. These amendments do not change the intent or purpose of the Comprehensive Plan. . Amendment 2 (Parcel land use change from TUPF to PSRS): The proposed changes meet multiple LV goals by identifying and integrating edge areas in the planning of neighborhoods (LU1b), modifies existing zoning to provide for essential services (LU3a), and improves pedestrian access to commercial services (LU4a). Amendment 3 (Creation of Manufacturing/Industrial Center, SKIA designation): These proposals coincide with multiple LV Goals within the City of Bremerton including the identification and designation of centers throughout the city (LU1, LU1a), the creation of an environment that promotes growth (LU3. LU3b), designation of areas on the LV map that will serve as the primary focus for growth (LU5, LU5c), provide for the viability of centers through land use designations and infrastructure provisions (LV11, LU11c, LU11d), and support appropriate fand use policies and regulations to prevent siting of incompatible uses adjacent to general aviation airports (LU16). Amendment 4 (UGA land use equivalencies): These amendments meet multiple City land use goals found in the 2004 Comp plan, including the designation of areas on the LU map that will serve as the primary focus for growth (LUS), removal and revision of existing land use designations allowing for multi-family housing outside of center designations (LU7), provides for the viability of neighborhoods through strategic land use designations (LU11), and plans within the UGAs expected to accommodate the growth over the next 20 years (LV20). Amendment 5 (Land use designatiosn of City owned parcels): The adoption of this amendment adheres to City wide land use goals. . Exhibit A . Whereas, the city is to recognize the importance along with increasing the amount of open space, while protecting natural resources (LU2, LU18). 5.3 BMC 20.18.020 allows amendments to the Comprehensive Plan if it does not conflict with other City, state and federal codes, regulations and ordinances. Analysis: The amendments listed in the 2008 Comprehensive Plan amendments do not conflict with any other regulations. II. CONCLUSIONS AND RECOMMENDATION Based on the findings above, Planning Commission concludes that the 2008 Comprehensive Plan Amendment Docket has met the criteria for amendments to the plan as detailed in BMC 20.10.080 and therefore recommends adoption by the City Council. . App~ B~Os~:a/~1 ~~ . I .. ~ ....\ '.',. ... ...'....,. r--.";,,, i~... ' !!~ . I '.L.' i__ . .~ I . . ....' I \ ."" . '. . , ___ 1..._.1 ~ ... ,:';-\ :;..~. rlJ i.' ! I. \'. :-, ""'~'.'-'.t - .1 I I ,. . ~! ., oi. I: .; . '. I Ii I oi f .. I .. i'.. . . ! ; I ~1,lj , .; , II ~ I, i.1 ':-'" Ii~ id'i---i'~';'~ i:.~~~~~ I...._,:._r j"" .. ~~:-- ~ "~'r"'j:' I ; 1.,( ~!~ v, l'ii :'\-~:'Bre~," l . =:1.,-:..~~A j 'j' ..... /1 " . , . /. ~ity of Bremerton c!icial Land Use Map. ;' t ,; :,,:~,,~~~ '\\. j '.~1 , CITY OF BREMERTON LAND USE i ,/ l_',., '.1 C City Boundary ! Neighborhood Business !.: :.i UGA _ Freeway Corridor ~ Reserve Center _ Industrial ~ Adopted Sub Area Plan Industrial Park II1II Regional Center P7-~',1 Marine Industrial II1II District Center _ Higher Education ~lii Neighborhood Center _. Open Space _ Employment Center _ Puget Sound Naval Shipyard Low Density Residential [._~J Public Sector Redevelopment Site ,i City Core Residential _ Watershed _ Commercial Corridor City Utility Lands C-:::" -J Wheaton Way Redevelopment Corridor _ Transportation, Utilities, and Public Facilities W;fj~ Limited Commercial Miles ^ o 0.45 0.9 1.8 W 2004 City of Bremerton Comprehensive Plan - Ordinance 4917 N Comprehensive Plan Amendments: 2006. Ordinance 4954. 2007 . Ordinance 5037. Sub Area Plans Adoption. ;~ : ! ',-!..Jf; r' . . ~Cl I - I . .-:;:. . , /"' '-1_""," i t . J , ' I / -I I: i ....... . ~. , ,I . ~ '" I Ii,: . .J,' 1,- I . . I ~ I . . , . I , , . . I : . I ' , . ; I ...-.-.-. '.. .. '~ ~'. '., '~.:,' I I' , ~\ . "f-" {- '-I'~, . ....~ .__-^.;7-r- L,. ( \ '\ , f " ' \i I , .,~' I'; " ,/ i ",' \ , j. __..__1 , / ,~l ( ! !" I ,'. ,.. .. ,/' .. . #.". .~ ,I ,.. .r I " .-:. .' ,#.~; ..'. . . ~-'(-l ... ..J lilr-j it, "''', /"'7-;.t'1 "II ~ -lil _,). I' ""::i. ; I , >J<.!]-r-",E _ _,_; ....._~..u~_j I U \ i. ~! ; , c;' I..,' '\ ,"/'" J ,.~J ,,{"-',I. .....~ ~, -( f --- ...,' ;.. ,t': .;~ l < ;/~ p,ort OrchardUGA. ' ! :, .., ~\: :::1 j ;t': (t,;!,,~~: , r' ,I...~., l' i.. ~i.~.. :+~~-""~,..P~i;,tf}~:~~~~~\~ J ' i.L _1 t II i ' ~" i , ._i,i~e~~~Nt!~Z , ,..) "', Ji.. .- r J: I :: ~- ~ t.., -". T" . ~ ~,- .. -~.--'j.' - '.~r !' 11-": ...<'~ ). : . ~\ i I '-1 -r-- .. I;:<t~~. ' II" i~'~" .. i; ,.. ."~ ! , .. [.,> aIIII! : ULlD #6 UGA ; r I I to- ":'1,1 ~ , ..J i ; I . . ... 1 " . i .: ". I. ., c_,\,:. I j; ...J . ., .... '" .' (.,. - I . I -'/ i . · · . .i~1 I I I.. _ . i - .._~."- .'. Ii · -. /-' :r. . ,,;,1. .'( , .- , ~) ~~.. . 7/ Urban Growth Area Land Use (Kitsap County) L"J Urban Low Density Residential _ Urban Medium/High-Density Residential ! ! Urban Low-Intensity CommerciaVMixed Use ----: Urban High-Intensity Commercial/Mixed Use 1111 Urban Industrial _ Industrial Multi-Purpose Recreational Area mil Military _ Mineral Resource Overlay _ Public Facility Note: Land Use designations in Urban Growth Areas (UGA) to be amended with City designations pursuant to Urban Growth Area Management Agreements, Interim Land Use designations in UGAs determined pursuant to Kitsap County Comprehensive Plan. '~';;""";:--~':.~"',i~',:t1,.~" ^"f', , ; '~.,;"J" ~ '; i ',,- r<'! c_. \ I I!I , .I .I" I . rL I / J' , I em o )(, nJ: ~- (l)Ol .... -. -I~ ol ;f,_ ~ .... (I) 3 ~ ...... ~. 1,;,," '>- //\ ;' ( -----Stlr-.---Ji "8~ ...,~ ~.,.,): ,~,\ Fe I --i---j '\ ~\ , I >, Q i, \,~.;. \ ~'f, ~ ~ '1;.. If\ " " """ '^, '. "',,;-, "~ ,,-'~ ", r------- ! I I I ~-...-DR'vE...--l \ i I ~ o 1II ~ o o CI , \ , \ o ~ 11' \ \ \ ""-.... \ Redesignate to Public Sector Redevelopment Site (PSRS) LOR -..----..!----- 1; \ \ \ \ '\ \ \ \ \ \ \ . \ \ w ;:) z w > 1--,- ".---.----.. ,.,........./.w - ~ :z: ~ J lti /4;' 'VC::\ ~o\\ \ \\ - ---r' I ; I I ~ I '" I ""'........., i \ \, \\ '\ \ \ ) \ -'. ....STREET--.-----\ \. iii z ~ I "iir'"- ;:) z w > <l I .....ll fI.."" ~(~""" Legend IpSRsI Public Sector Redevelopment Site I LDR I Low Density Residential ~ Commercial Corridor ~ Limited Commercial ~ Freeway Corridor ITUPFI Transportation, Utilities, and Public Facilities () ! , j z w ;:) III 1II I i I i i I i '-...,,,.---/.----...----WEST-isfSTREET -.----- I I i i I , i ' Miles 0.0375 0.075 0.15 2004 City of Bremerton ComprehenSive Plan - Ordinance 4917 ComprehensIVe Plan Amendment:> 2006 - Or~lIna.nce 4954 2007 - Ordmance 5037 SubArea Plans Adophon ........ ,,/~.!:: / i., ' :;'*'," EXHIBIT C Docket Item 2 .!> /~-"'-----,., ./ <", / ',,", / '\ Q~ '(~ 'V.,., "- \ ~/'\,,- ~" ~ ' ~'- .9' ~ , , ~ , 'i> \, " ~ PSRS\WestPark SA~ \ \ ''"'' \ , \, \ \ .. i I j '\, /,^,\ .~ ~o ( ~ / \ " \ ~'- \ '" " \ \, """ .../"-.. /' / /' ". " ',- "\ '" ',,\ '''\. " \', '-, " '-.., ~ 'VJ. \ \ , ---,~--,-'''''', I "'\ I \ I ' , '\. ~ f8 " ,..~ &) en' I . EXHIBIT D Docket Item 3 City of Bremerton Comprehensive Plan Table of Contents Page Excerpt - Page 40 LAND USE ELEMENT CONTENTS LAND USE VISION ...................................................................................................L U-l INTRODUCTION ......................................................................................................................... LU-4 Concerns of a Wider Public: State and Regional Issues .........................................LU-5 Responding to the Technical Challenges ................ ........ ........... ........ ...... ................ LU-5 THE CENTERS CONCEPT: THE FOUNDATION OF THE LAND USE ELEMENT ... ........ ..... ... ................ ... ...... ... .... ........ ... ........ ........ ... ..... .......... ........ ........ ...L U -6 Common Centers Characteristics.. ..... ........... .... .... ........ ..... ...... .......... ..... ........ ........ LU-6 Why Centers? ........................................................................................................... LU - 7 What are the Benefits of Centers? ...... ........ ........... ............. ...... ....... ..... ...... ............. LV-8 CENTERS DES CRIPTI 0 NS ........ ........ ........ ... .... ......... ... ..... ................... ...... ..... .... ... L U - 9 . NEIGHBORHOOD CENTERS- GENERAL DESCRIPTON ...................................LU-9 Haddon Neighborhood Center..... ..... ........ ........... ........ ..... .......... ................... ........ LU -10 Manette Neighborhood Center. ........ ........ ........... ........ ..... .......... ..... .............. ........ LU -11 Perry A venue Neighborhood Center........ ........ ........ ........ ...... ..... .......... ........ ......... LV -12 Sylvan Pine Neighborhood Center... ...... .......... ........ ......... ........ ....... ..... ........ ......... LU -13 Oyster Bay Neighborhood Center.......... .......... ......... ..... ..... ...... ....... ..... ................. LU -13 Kitsap Lake Neighborhood Reserve Center...........................................................LU-14 DISTRICT CENTERS- GENERAL DESCRIPTION .............................................. LU-16 Wheaton/Riddell District Center. ........ ........... ..... ......... ........ ......... ...... ........... ........ LU -17 Charleston District Center........... ........ ........ ........... ...... ......... ...... ........ ..... ........ ..... LU -19 Wheaton/Sheridan District Center... ........ ... ..... ... ..... ... ...... ..... ..... ....... ...... ........ ...... LU - 20 DOWNTOWN REGIONAL CENTER ....... ........... ......... ..... ........... ........ ..... ...... ...... LU -21 EMPLOYMENT CENTERS- GENERAL DESCRIPTION ....................................LU-22 Harrison Employment Center ................ ........... ...... ........ .......... ........ ..... ..... ........... LU -22. Northwest Corporate Campus Employment Center ..............................................LU-23 Port Blakely Employment Center... ..... ........... ........ ........ ..... ........... ..... ........ ........... LU - 23 MANUFACTURING/INDUSTRIAL CENTER- GENERAL DESCRIPTION .... LU-23a SKIA Manufacturinf!/Industrial Center ............. ...... ..... ..... ...... ..... ............. .......... LU- 23b SPECIFIC AREA PLANS..... ........... ..... ........... ......... ........ ........ ........ ..... ...... ....... ..... LU - 24 THE URBAN GROWTH AREA. ........ ......... .......... ...... ........... ..... ........... ........ ........ LU -24 JOINT PLANNING AREAS ...... ........ ........ ........... ......... ..... ..... ...... ..... ...... ........... .... LU -25 OPEN SP ACE....................................... ....................................................................LU-25 o PEN SPACE MAP ........................................................................................ .........L U - 26 . . EXHIBIT D Docket Item 3 City of Bremerton Comprehensive Plan Page Excerpt - Page 41 LAND USE GOALS AND POLl CIES....................................................................L U -27 Discussion: Land Use Values and Definitions.......................................................LV-27 Goals and Policies Related to Efficient Provision of Services ..............................LV-35 Downtown Goals and Policies .......... ..... ....... ............ ........ ............. ........... ........ ..... LV -36 Land Use Goals and Policies Related to State Protections ...................................LV-40 Goals and Policiesfor Unincorporated Urban Growth Areas.............................. LV-42 L AND USE MAP .. ..... ........ ..... ...... ..... ........ ........ ... ... ............. ........ ........ .......... ... ..... ..L U -46 LAND USE D ESI G N A TI 0 NS ................................................................................. L U -4 7 . LDR (Low Density Residential) ........ .......... ........... ................ ........ .................... .... LV -4 7 NC (Neighborhood Center)..... ..... ...... ........ ................... ........ ......... ........... ............. LV -48 DC (District Center) .............................................................................................. LV -49 EC (Employment Center)... ..... ..... ...... ........ ................... ..... .......... ........... ........ ....... LV -49 DRC (Downtown Regional Center) ...... ........ ......... .......... ........... ....................... .... LV-50 RC (Reserve Center) .. ..... .... ..... ........... ........ .................... .............. ........ ........ ...... ... LV-51 CCSR (Core Centers Supporting Residential) .......... ............................................. LV -52 CC (Commercial Corridor) . ..... ...... ..... .............. ............. ....... ........... ........ ........ ..... LV-52 WWRC (Wheaton Way Redevelopment Corridor) ................................................. LV-53 PSRS (Public Sector Redevelopment Sites) ...........................................................LV-55 NB (Neighborhood Business) .... ................ ... ........ ..... ......... ...... ... ... ......... ........ ........ LV-55 LC (Limited Commercial)....... ..... ...... ........... ............. ......... ............ ........ ........ ....... LV-56 FC (Freeway Corridor) ..... ..... ...... ..... ........ .............. ......... ........... ........... ..... ...... .... LV-56 I (Industrial)........................................................................................................... LV - 57 IP (Industrial Park)................................................................................................ LV - 57 MI (Marine Industrial) .... ...... ..... ...... ..... ........ ... ... ............ ..... ... ........... ... ..... ... ..... .... LV-57 MIC (Manufacturin!?/Industrial Center) ....... ........ ................ ........... ......... ........... LV-57 a OS (Open Space).................................................................................................... LV -5 8 CUL (City Utility Lands) ... ..... ...... ..... ..... ................. .................... ........... ........ ..... .. LV-59 WS (Watershed Lands) ....... ...... ........ ... ..... ............. ... ....... ........ ... ... .......... ......... ..... . LV-59 HE (Higher Education)... ........... ...... ........ ................ ....... .............. ........ .......... ....... LV -60 TUPF (Transportation, Utilities, and Public Facilities) .......................................LV-60 . . . . EXHIBIT D Docket Item 3 Description: Amend the Comprehensive Plan land Use Element - Centers Descriptions Section to add a centers type - "ManufacturinQ I Industrial Center - General Description" Manufacturing I Industrial Center - General Description These are areas with existing or expected intensive, concentrated manufacturing and industrial land uses that cannot be easily mixed with other activities. Manufacturing/ industrial centers are intended to accommodate a significant amount of regional employment, and will have a different urban form and purpose than the rest of the City's centers. They can be characterized as areas of large contiguous blocks of land served by the region's major transportation infrastructure, including such items as roads, rail, and port facilities. Protecting these centers from incompatible uses, as well as providing them with adequate public facilities and services will require deliberate and careful planning. LU-23a . EXHIBIT D Docket Item 3 Description: Amend the Comprehensive Plan Land Use Element - Centers Descriptions Section to add an additional centers type - "SKIA ManufacturinQ ! Industrial Center" SKIA Manufacturing !Industrial Center (SKIA MIC) The South Kitsap Industrial Area (SKIA) has been long established by Kitsap County as an Urban Growth Area (UGA), and is identified in the Vision 2040 Regional Plan by Puget Sound Regional Council as one of eight formally designated "Manufacturing / Industrial Centers." SKIA is approximately 3,700 acres in size and is generally located southwest of the city, with the northern boundary of the UGA adjoining the City of Bremerton; the UGA has no adjacencies to any other municipality. The Port of Bremerton owns a significant portion of the property within SKIA, with their holdings being the Bremerton National Airport and the Olympic View Business and Industrial Parks, each accessed from State Highway 3. . The SKIA Manufacturing/ Industrial Center (SKIA MIC) will retain a different form of urban development than Bremerton's current regional or district centers. The physical size and location of this center allows strategic focused economic growth and it is expected to receive a significant proportion of Kitsap's employment growth in the manufacturing and industrial sectors. It is expected that following substantial annexation of SKIA that the City will prepare a detailed sub area plan that addresses such items as development standards and permitted uses, provision of urban seNices and infrastructure, and the protection of essential public facilities such as the Bremerton National Airport (as required by RCW 36.70.547). . ','j" :,~{:~. I ~.J .....:;, C.ity'of ~reme~cm ,.11 /<.' " '. ' . t,::~~:' ~ ~/~~i~~ii~ Ii" ,-, ,,-,,' ,"'" I->t'~', ~;,f~~:~~i~~~itiJ ,,' "of" '0.''' 1'- I ' ,~. n' J <;'{t~;~<. , t..~l , : ,... !".' ,. ii .-,.,:-1....';' ,.". I" I ~l>"'j'Z F."--:/;fi';' ",/'H,;"~~,::,,,i.:>''-i: \; :;~I .. >( ?tl;l. I ':~ ~~~! ,.,.~, "( _ ;L:.~.. " ! j .1~1,-:-." ~ - ." d ~. .' j.. ~';,:....~j .':., ,\,. '\ ..$."';, . , "', I ,.l-:;:' 1 i!=MI!:I~'I:II'" il~' '\ . TT-"';I' i. tr-,I,t.r-.H-_;',i.,,!"..;,i,', ." :.';y.~.'. ' " I " _.tl1__~ _ '.,_ -~r-,' ~__L~-.:. --J~~~_-,;~__,~,~,. ,,,tf:}\,. '. ._:~;~ _ L~l ,:~.ij ..:;~"~,:{.'.~i_.o.,..;,I.,...'~~ '~~, " ~ , /l. r -- (I ~I ~.-s~~,.~'; . ~i- -,,~ "',,-# T -~-,~ --- -1- _ -.J :__ ~~ 1 I '$" . n '.'1 l , ' : II I I 'I." I!" Ie'. I I" ~",." I r I :;:1_-~--.~~' ' :-~--1-T:-.-'~~, ' - ~~iii~ii";~;Ii~~4~-';" ~,~I- "~ : [/1.; 1- ii .~~_.~--~-~'-.- ~,IIIr,J;u:.1;::I~.=illl::l.1Ii:[=::=:~~:;=~i \ ' SOl/tli Kitsap Indl/~tria;l Area Urban Growt/; ArJa /: ':':1' (. ..'~L~~: '~.' ~]J - lp/ ,f,iP -'. :~ H~" ,~;\<-,- J~- ;, :-!!r~; ~ LU-23b . . . EXHIBIT D Docket Item 3 Description: Amend the Comprehensive Plan Land Use Element - Desiqnations to add "MIC (Manufacturinq I Industrial Center)" MIC (Manufacturing I Industrial Center) Height: None specified Structure Type: Industrial Character: Large scale and heavy industrial uses; the district focuses on providing regional growth opportunities for industrial development Location: As mapped, South Kitsap Industrial Area Discussion: Manufacturing / Industrial Centers are areas with existing or expected intensive, concentrated manufacturing and industrial land uses that cannot be easily mixed with other activities. Manufacturing/ industrial centers are intended to accommodate a significant amount of regional employment, and will have a different urban form and purpose than the rest of the City's centers. They can be characterized as areas of large contiguous blocks of land served by the region's major transportation infrastructure, including such items as roads, rail, and port facilities. Protecting these centers from incompatible uses, as well as providing them with adequate public facilities and services will require deliberate and careful planning. LU-57a SKIA Land Use Designation Map EXHIBIT E Docket Item 3 . LOR CUL . o 0.25 0.5 1.5 Legend t~;};1 SKIA Manufacturing and Industrial Center D City Limits I LOR I Low Density Residential () ~ Industrial Park I CUL I City Utility Lands . Miles ~ . . . Exhibit F Docket Item 4 UGA Land Use: Kitsap County Designations and City of Bremerton Equivalents City of Bremerton (COB) KC Consistent Land Use District COB Consistent Kitsap County (KC) Land Use District Zoning Allowed Uses Equivalent Zoning Allowed Uses! Notes Intended for integrated grouping of small, medium to large size businesses within an attractive park-like setting. The Business Business center Center (BC) Zone allows flexibility in the amount of floor space. Permitted businesses are intended to support the creation, zone, Business development and retention of primary wage employment in the professional and technical fields, and not intended for the Intent of the Industrial Zone is to accommodate light and heavy industrial uses 1 Urban Industrial park zone, general retail commercial needs. The Industrial (I) zone is intended to provide sites for activities which require processing, Industrial Industrial in locations where there is limited interaction with residential uses. Industrial zone, fabrication, storage, and wholesale trade, that require reasonable accessibility to major transportation corridors. The Airport These equivalencies occur in various UGAs. Airport zone (A) zone is intended to recognize and protect areas devoted to public aviation. Allowing activities that are supportive or dependent on aircraft or air transportation. 2 Urban Industrial wi Mineral Resource Overlay Intended to protect sand, gravel, and rock deposits identified as significant and allow mining Industrial Industrial Industrial Zone allows for Mineral resource mining The intent of the freeway corridor is to identify areas for commercial activities Freeway Corridor Freeway Corridor that will typically be region-serving in nature and scale. Uses in the zone benefit from high visibility from freeways serving the region. This designation would be appropriate for the Gorst UGA Highway tourist HighwaylTourist Commercial (HTC). These ~enters are intended to provide for commercial establishments which require The intent of the commercial corridor district is to provide locations for height large sites. This zone serves the shopping and service needs for large sections of the county and provides visitor services commercial zone, and accommodations for both destination and en route travelers. Regional Commercial (RC) are intended to provide for the Commercial intensity commercial uses serving the entire community while preserving the 3 Urban High Intensity Commerciall Mixed use Regional shopping and service needs of the region, they generally contain two or more major department stores along with several Commercial Corridor Corridor maritime views, forested areas, and buffering impacts to adjacent residential commercial zone, shops of the same kind for comparative shopping. The mixed use (MU) zone is intended to encourage flexible land uses, areas. This designation may be appropriate for various UGAs with future Mixed use zone recognizing that the exact configuration of uses must be responsive to community needs and market conditions. analysis. The intent of the limited commercial zone is to recognize the community's Limited existing general commercial districts outside the desinated boundaries of Limited Commercial Commercial centers on lots zoned general business in the City, or an equivalent designation in the County, on December 1, 2004. This designation would be appropriate for the East Bremerton and West Bremerton UGAs. - Neighborhood Commercial (NC). These centers are intended to provide for the quick stop shopping needs. These centers Neighborhood should be compatible with a residential setting. Urban Village Center (UVC) Zone provides for a compatible mix of small- The intent of the neighborhood business zone is to provide for small scale commercial, scale commercial uses and mixed-density housing, typically in multi-story buildings. Development within the zone should Neighborhood business districts outside of centers and corridors that reflect the scale and 4 Urban Low Intensity Commerciall Mixed use Urban village promote neighborhood identity. Design criteria is strongly upheld. Development within must occur in a manner that results in Neighborhood Business Business character of surrounding neighborhoods. Neighborhood business districts are center, Urban the design and construction of an interconnected system of pedestrian and bicycle trails and facilities linking the development generally limited in size to one acre each. This designation would be town center in the UVC zone to surrounding residential neighborhoods, open spaces, recreational areas, and transportation corridors. appropriate for various UGAs. The urban restricted (UR) zone is applied to those areas within urban growth boundaries which have identified parcels Urban restricted constrained by critical areas of 50% or greater. Development would be limited to a density range of one to five dwelling units The intent of R-1 0 zoning district is to accommodates single family housing by residential, Urban per acre. The intent of the Urban Low (UL) zone is to recognize, maintain, and protect urban low density residential areas and Low Density infilling at a range of lot sizes consistent with urban growth patterns. Some 5 Urban Low Density Residential low residential, establish urban densities where a full range of community services and facilities are present or will be present at the time of Low Density Residential attached single-family housing may be appropriate when responding to Urban cluster development in accordance with the urban growth areas. The Urban Cluster Residential (UCR) zone is intended to encourage residential (R-10) sensitive ~reas or with innovative design. This designation would be residential flexible land uses, recognizing that exact locations of uses must be based on the location of critical areas, transportation , appropriate for various UGAs. corridors, community needs and market conditions. The (UMR) zone is intended to provide for higher densities where a full range of community services and facilities are present c Urban medium or will be present at the time of development. This zone is intended to provide for multi-family residential and professional The City of Bremerton Comp Plan does not support stand alone multi-family 6 Urban MediumlHigh Density Residential residential, Urban office development based upon compatibility with surrounding land uses. The primary use Urban High Residential (UHR) is Low Density Residential Low Density outside of designated centers, and would therefore designate these areas low intended to be residential, professional office use is intended to compliment and support the residential use within the zone residential (R-10) density residential with R-10 zoning. This designation would be appropriate for high residential and be consistent with, and in conjunction with, residential development. It is intended that office developments within these various UGAs. zones will be of a higher standard in recognition of their residential setting. Parks and all The intent of this zone is to create long-term consistency between the purpose for the purchase of parks and open space When the City of Bremerton adopted our Comp Plan in 2004 we eliminated 7 Public Facility other zones that properties and the zoning regulations that apply to their development. Parks properties are intended for the development of Low Density Residential Low Density park zoning and designated all parks with low density residential with R-10 permit public parks, open space areas and recreational facilities for the benefit of the citizens of Kitsap County. Uses for these properties residential (R-10) zoning. This designation would be appropriate for various UGAs. facility uses should be limited to those serving this purpose. Bremerton Land Use Designations for Associated ,~ - .. 'r"'--~ " , , 1.',' ..,. J i ''''''"-~...-f--,,- I .J GAls '>\.... . -; I ) _. ~;,;~i II - D iI "~, ,.---.iI ,1/, ....... . Tq~'}"- \ ).~ .~. l__ : e..!.,::,. \.:.'~~, '.,.' .~,'.' c'-,'~~ ',' - - ...... ,.- .,,~~i . L .~,/~ .""j l ", -'f;'S('{:"~'{;'.' '1 . ,-- -' .~'!;;~j~:.~.;~.~.~ \,~...:I : :'~'~~:l!:'L~,::,~--;" '-'. I. 7~!~..: .., .~ ~)..... i!l .(' , -- i -: ~, ,L "~:.(] .. _I " ." ; . ~;fl ) . :....3 · i.;' . .......:). ;. I,. ...~,;..,.':.:,l."j!._\,...... _. I ..~ - ,~ - ,~,:;:~t..L:-...~! ;,~. ~.! ./]~; r. .L i. .;" /' .-,.' i'l r i .:~? ~'... .." Itl.l,,,. ,,1 ~'~i~' ,--.- ~:.~~~r\.r~:~!_ . 'li/';:7:1'1~; . I " ,"'.'- ......, "J". . .._:..'~L~..~(+ " !It "I .." \ ~ ~~ '. ):"1 !~d ;\~ L;J (~.f--.. ~V":'~~.; . " . \. : ,'~ /~~ -,.- } CITY OF BREMERTON LAND USE - o 11III Regional Center ~ District Center .. Neighborhood Center F~:~::l Marine Industrial _ Employment Center _ Higher Education Low Density Residential Open Space ._.. I City Core Residential r1:~~ Puget Sound Naval Shipyard _ Commercial Corridor Public Sector Redevelopment Site G~ Wheaton Way Redevelopment Corridor _ Watershed lli~ii&~ Limited Commercial City Utility Lands Neighborhood Business .. Transportation, Utilities, and Public Facilities _ Freeway Corridor ~ Adopted Sub Area Plan Miles ~ Reserve Center 2 C City Boundary .-.. -. . oJ UGA c:J Unassociated UGA- Land Use Designation by Kitsap County i ! ..('...., 1 I ! . I " '7" ",. ,l Industrial Industrial Park J 1-..' , .J -- . ' ~. ..~ ~ -; (~ 0.5 ; ^ ""j~" . i .' . \,J.. ,.. 2004 City of Bremerton ComprehenSive Plan - Ordinance 4917 Comprehensive Plan Amendments' 2006 - Ordinance 4954 2007 Ordinance 5037 Sub Area Plans Adoption '1, :L- '''\.,. - # , . ~ . : j. I I '-b... - ~, :, I.. _. .. . _. ... ;. '\1. '.' . . ~\.. i.'. " " " '. ) j , ~.- ., /1 ---} '.r .L:. c"1 f,' r""" -''', /....'" (' ';-........... , r ". uu..!.~. I-} ;~.~ .. .'i'! /'i~' . -.- ..1\ II- ,,,..r-" . ~ . "I .' . ;' . J! .,.-! . '- ! . I' - I i-. . 'u. . ..-/ r~'/ i , i ,--.,.- -, ~ '. .. _' 1 I. i- .I '.,"-. -,'- -. .' l.....'.. · .~. L";':. I. I /. . f'.' , .. ",/ .. ,." .. -.>' . I' _. )Port Or~h;~d:UGA" LL:.I I' J :r; j: if': i . ,. .. _.': !l:~_. r'. v..,...: ---I <'';''"-, -' -t.,' , . " 'I.-,~ .. ..: 1,- .... . I -.-.-. . - .J - '1 - '.;' . . , ,. . .. ." , . \, .: /; -j i. ,; , ..~ .: j .,.' 1 J J' .... .: .t.. ~".-" "-"I i ..,1'/ # II\!:- · ,~\ r~~~~~ , t f/I 'j. . . - !:""''' .., I; :'1. ~.A I:' .~ 1 .~-.-- I . ;..~---- .-, i I ! . : I . :.i ~-p.~ -.." . ......,. J-.. - I' rj'l ( - .. -..,- . I ,._' ',. I _ '-t, I 7" i'I i~ i.'~-.~ '{f.! 1'--- ...1\,_..._..:_. _._ ..., i ;, ' I I '.! --I d'~ ! ~ \' '. J ! ; i'-' "':r'" ....,..--, i , T J..'~'-'v,. -- - j, : ( ~=.~.>1'---.'.J } . / . .' ~. I . I . . '!' ... ~~ l- IP .' )'~ . / " . ~/ "\f 'e' .1 . .. . /.. . i .; ,.. ." '. -i I -' I. - I. ..,.~.~J ..,.' . . , \ ~ -~ " I. - :. . ..i_,- -. . \. ,./.-' ~ .. t \:....!.L- r') '. '\:, -;.: -. -.... .'. . . . .,'. .. ~/"-.....q- ~ Unassoi:iatsd I. ,/~ ULlO' #6 UGA! . ,.! .....' . i . '.'.~.- __L~.' . I ; .. -' I. . J' . . . 'U~as~ci~ed, . J SKIA UGA -. , #.. ;.; .. ;. ,to # .. .' \~ ' ~.f Ii 1 . - I , . . . ,.~..... . -..' !. . . . . . i ../1 ,,' - - 0'- --...-.-.. ..- .~~ . , ,}:. " .~ - .'. . , .' ..-(- ""1 " ~ ~lr.' ,/ " . .- -. a -... . .1'\ -., II' .., '1 . Ii::..::""'::' 1_._ - ..', .....J . "~~. ;- .,....-.... -'-'---L. '--l- i '......1 J f i"(.} i , , ) \, f ~\.' ..I I I ! -', . .... .. ,) ,"'. , ./ fh..l ; ! .ref I II'" ! I I ( J. .-j \ :i \~ 1.../.' ! C '-"'Xl' 0 .--.,P'l..:: ,. n '__"~':rj-~"i (I)" I , , I ' I_ f . ; ..... J .-_ , --. ..... (I) 3 ~ ,. _...~ ~-,.. . , L.. ; ( ! . \ ...1"........J ,I IV f / 1 i I. I "'.r-;:!.. Vincinity Map : ~..,.- ; m >< :I: - CD - -I G') I. '" , 1 " 1 i /;' .) .... 1 I : \ ,.. ',~" . .~-~: ,I rr,'j 1: ' ,"i";-r i I ..) ,. r -'. I . , " 1- Cit of Bremerton Land Use Desi nations for Associated UGAls . . Regional Center L~] Marine Industrial District Center _ Higher Education ~ Neighborhood Center-- _::.:.: Open Space _ Employment Center r;;.. Puget Sound Naval Shipyard Low Density Residential [~...J Public Sector Redevelopment Site -J City Core Residential _ Watershed _ Commercial Corridor . City Utility Lands r-;7:1 Wheaton Way Redevelopment Corridor _ Transportation, Utilities, and Public Facilities ~ Limited Commercial' ~ Adopted Sub Area Plan Neighborhood Business ~ Reserve Center _ Freeway Corridor ~City Boundary m Industrial .. . _ UGA l.._~] Industrial Park 0 Unassociated UGA- Land Use Designation by Kitsap County .' '- -~~ 2004 City of Bremerton Comprehensive Plan - Ordinance 4917 Comprehensive Plan Amendmenfs: 2006 - Ordinance 4954. 2007 - Ordinance 5037. Sub Area Plans Adopfion. Miles 0.1 0.2 0.4 0.6 ..~,... .-'-'" "----- , <..~,-~..I!!I-Cl'''). _... "---"'. . ."..--" -' I . , . I . . . . . , --- --,-- -. _.~ \ .-- --'C=.=-=: I , ~ i L ' -'..'.-/....-..--'......... , ''-~, .~ .........: \ \ '\ \ ;' ~e\ \~ ~~~ .,^V c.:,\\ ~ _" -c'--~___ -\" .-_:::' / _._-.......""-~ t EXHIBIT H Docket Item 4 , i i --- " __ ,_..._L _..._ _~~ ......... ~- ",- f. T '.~: ..r'/j ,.'. ~ ~~ II * ' .1/ i ~ ...:!: . . -'j '.' ~ ' I ~._.-._.- . . ..., I Ii. . , 1.--.- i._'-__:.____.}_....i__.u /. Ii!' .' i West Bremertonl :' 'i . , ,f ~ UGA .' I I :, . I . I , . . I I ~ . I I ,- Ii . ./ I . . . . ,. *1 . . . v ,; · · · i .: -. ... - · -: ~. -. -. -IJI!II~--..... t._ -:-~.. .~/ . .. . . # . ii' I ,. .. ", . - ...' . .# I .,. . ~ . ,. . ,. ~,. . ...,'. ., . . i ....' ~ .......-..-- .,_-'!- -._~ -",- ...<"'"~' // ,..-..'..-.. ~ ---_. .~-- .- ~.,_. > ,-'- .,.."".. ........ / -" ......,. ...., -_._--~-..'-:~~_::.- :::~::--- ..--,,~,~..-_.......-..... . '. ..... -. ~...,.. ..-..-. ."-~.--._-~ii-_-.'-_----'-._-- .---- -- -_.. _, '" .' ... . . . -. . Iii N .! "" Citytf Bremerton Land Use De'gnations for Associated u!A's i~' CITY OF BREMERTON LAND USE _ Regional Center r::c:~} Marine Industrial _ District Center l1li Higher Education _ Neighborhood Center ~...:.,~, Open Space _ Employment Center ~ Puget Sound Naval Shipyard Low Density Residential Public Sector Redevelopment Site City Core Residential _ Watershed _ Commercial Corridor City Utility Lands " [':1 Wheaton Way Redevelopment Corridor _ Transportation, Utilities, and Public Facilities \. f1..i~ Limited Commercial ~ Adopted Sub Area Plan Neighborhood Business ~ Reserve Center -. _ Freeway Corridor gCity Boundary _ Industrial . . ~ UGA ~:_':::'_~ Industrial Park OJ Un associated UGA- Land Use Designation by Kitsap County 2004 City of Bremerton Comprehensive Plan - Ordinance 4917 Comprehensive Plan Amendments: 2006 - Ordinance 4954. 2007 - Ordinance 5037. Sub Area Plans Adoption. Miles o ! I I I . , : , 0.125 0.25 0.75 i, , ' , .-1 ""J~", _ "~.\.' , ,- ~-.:: ."~~:"':-"':-:'_:' '. -I \ I ' \'- ~"~J y' '1 :- i I .' !- Wes~ Breme UGA , i .1 ;""\1 l' , I II ....~ -.. . .# '. # . , . I . ~ - \ .. l . \ . ~. ~ .. , . \ ,J "# ... . ..... , .. t ,i · \ , . . , ..- . . \ , .", '>. ~~ \J --, i . , #. . , . , . . . i . I . . . I \. \ I , r---- oo) "-, -''''''f-'-- ! . I . . - . , . I - . . , ,/ i c..:, '...~- ~I I \ , ", . ~ '" . '-,~-_. \ - ~ . \ '- .. ' ~ '. , .. '" .. \ .. \ I , .. West :Bremerton t , f/# UGA: .+ 1 I · . , -'1 ~ .' ~ : . I .. , " , . , . " .. I .. . I... _ . I ~ . .. . .- . \....-- -.-.. ---~~ L '-j " I I / -------.---J i i ~- _J_,~ ,,f. \ I \ , j I I i >,-,L-i--~ I ! I I I ' , ; -_.~- .,~-~.. J I : I , I i i'_'~,__+_..__I__..~___!__ '-T 1 r-- T-~) /~.~ i (~- '; j I I 1\. I . iii .-.. \~ ;~-'.. i ~'" ~ ;~-~ r-- ! I" --- .,. I ,..j ~e\ . \(\ \?Y" ,,^v c.;,\\ . c 0 n " m N (1) >< ... A - :I: ,.,. - CD m 3 - -I ~ - Cit of Bremerton Land Use Desi . .~ . . . ~ ' ..-.~ . t . , . . . ~. ~ . . . k #. .. . .. . . I .. , . , .. I .. .. . , . ~ ".. #- III . .' l, - . .. 1 ., , . . .. t . . . , 1_... .- I . i, . -.. .. i - .....'..... . ~, . ~ . 1. ,. . " .: . . . it . .. . it . . \. - ~ . , . , . ~. ~ . ~ . , - East Bremerton UGA . ~ - , - " -~ " .. " .. ~ .. \ " . ' ~ . nations for Associated UGA's . '. . . 1 . , ,~J ~'I . il ! t'l ' tJ ' (' ,. .) .\ .; . '.., . ... " ., .. :0 '. ,.. . .:. . r. ;. ,0 CITY OF BREMERTON LAND USE EXHIBIT J Docket Item 4 _ Regional Center ra Marine Industrial _ District Center _ Higher Education _ Neighborhood Center Open Space _ Employment Center P2'j Puget Sound Naval Shipyard Low Density Residential C~..:::; Public Sector Redevelopment Site '~~.~- ~ City Core Residential _ Watershed _ Commercial Corridor City Utility Lands r7!l Wheaton Way Redevelopment Corridor _ Transportation, Utilities, and Public Facilities ~ Limited Commercial ~ Adopted Sub Area Plan Neighborhood Business ~ Reserve Center , _ Freeway Corridor ~City Boundary _ Industrial ~ UGA C~~J Industrial Park D Un associated UGA- Land Use Designation by Kitsap County 2004 City of Bremerton Comprehensive Plan - Ordinance 4917 Comprehensive Plan Amendments: 2006 - Ordinance 4954, 2007 - Ordinance 5037, Sub Area Plans Adoption, Miles 0.2 0.1 o 0.2 .; . . .. . .. I Ii , . t .. , . . . , .. , ,;+ .' ' t .. " f .. . Ii' I . . .. . . I .. I .. . .. , . j .. , .. , .. . III . . . If .# # ... , .. , . I: .. i iii . .. , ) .,. East Bremerton UGA 'N A . ,._ J I , I City Owned Parcels Located Outside of City Limits EXHIBIT K with Proposed Land Use Designations Docket Item 5 ws City of Bremerton Vincinity Map M./S: ..... ...... Legend ~ City Owned Land - Unicorporated c:J City Limits I LDRI Low Density Residential [Jf] Industrial Park I WS I Watershed ICULl City Utility Lands '-111_- ......_.i SKIA UGA N A Miles o 0.25 0.5 0.75 NOTE: Number on parcel is for discussion purposes only. W~ ..~ . .. . . ;1 f '\ ws . ..3.. e. .. SKIA UGA ..... ..... ..... ws · · · · · · · · · · W$: ............. ... ............A.... ............~....IJ "'. .................,. 0 . ... ws CUL IP LOR Steve Bauer DISTRICT 1 Jan Angel DISTRICT 2 KITSAP COUNTY BOARD OF COMMISSIONERS Efficient, accessible and effective county services October 14, 2008 City of Bremerton AUn: Andrea Spencer, Community Development Director 345 6th Street, Suite 600 Bremerton, WA 98337 Re: 2008 Draft Comprehensive Plan Amendments Josh Brown DISTRICT 3. Dear Ms. Spencer: Nancy Buonanno Grennan County Administrator I l " Thank you for the opportunity to comment on the draft amendments to the City of Bremerton Comprehensive Plan. The County appreciates the great collaborative relationship we have with the City. This letter is intended to provide comments on the proposed amendments as they relate to associated Urban Growth Areas (UGAs) and the future application of Bremerton Land Use designations within them. Official City of Bremerton Land Use MaD (Attachment A. Amendment # 1) We commend the City for updating its land use map to recognize the County's modifications to UGA boundaries and land use designations, as well as fulfilling the terms outlined in our joint settlement agreement (2005). However, this map can be confusing if not viewed in its totality as it may imply the City is imposing its land use designations within unassociated UGAs. Upon review of the other 2008 proposed comprehensive plan amendments, this is clearly not the case (specifically Attachments D.1-D.1c). Although a stylistic comment, we believe using different colors or relocation of the legends may provide additional clarity and help reduce speculation regarding the intent. Kitsao County & City of Bremerton Land Use Eauivalents (Attachments D.1-D.1c. Amendment # 4) The County believes these map amendments and the related land use designation equivalency table are consistent with the intent of the Growth Management Act (GMA), Kitsap Countywide Planning Policy and Kitsap County Comprehensive Plan policies. Consistent with the County Comprehensive Plan, we look forward to working with the City on developing Urban Growth Area Management Agreements (UGAMAs) for these associated UGAs to address land use and urban service provision prior to annexation. Again, thank you for the opportunity to comment on the proposed amendments. The County looks forward to working together to ensure the most efficient and cost-effective urban service provision within these associated UGAs. If you have any questions or would like more information, please feel free to contact myself or Angie Silva at (360) 337-4841 or asilvaCCUco.kitsao. wa.us. S~inc..e,~IY' . ~ 0 Uvt/'t;. ~~ Eric B. Baker Kitsap County Special Projects Manager (360) 337-4495 ebaker<Ci>.co.kitsao. wa. us , 614 Division Street, MS-4 - Port Orchard, Washington 98366-4676 - (360) 337-7146 -.FAX (360) 337-4632 From: Olalla (253) 851-4147 - Bainbridge Island (206) 842-2061 www.kitsaogov.com DATE SUBMITTED: October 8, 2008 BILL# 06- 225 AGENDA BILL CITY OF BREMERTON CITY COUNCIL 7C ........................................................................................ No.5otP3 SUBJECT: Public Hearing and ordinance amcnding BMC Scction 20040 Definitions and. 920.58.060, Residential Cluster Development. Committee Meeting Date: COUNCIL MEETING Date: Department: Presenter: Phone: August 13, 2008 October 15,2008 DCD Nicole Ward 473-5279 SUMMARY: The action before the Council is to conduct a public hearing and adopt amendments to BMC Section 20040 Definitions and S 20.58.060 relating to Residential Cluster Developments. The proposed amendments: 1) Establish clearer development standards, 2) Eliminates duplicate sections of the code, 3) Reformat and reorganize the chapter for reader ease. ATT ACHMENTS: A. Proposed Ordinance including Planning Commissions Findings and Conclusions B. Staff Memo including: Attachment I: Amendment Narrative Chart Attachment II: Proposed Language Without Legislative Markup Attachment III: Planning Commission Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): NQ....,.. APPROV ALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: COMMITTEE CHAIR COUNCIL PRESIDENT: CONSENT AGENDA 0 I GENERAL BUSINESS 0 PUBLIC HEARING RECOMMENDED MOTION: Move to pass Ordinance No. 5oft,Jto amend BMC Section 20040 Definitions and S 20.58.060 Residential Cluster Development. COUNCIL ACTION: 0 Approve D Deny 0 Table o Continue D No Action ORDINANCE NO. 50~3 AN ORDINANCE of the City Council of the City of Bremerton, Washington, making amendments to the zoning code in both section 20.40 Definitions and S 20.58.060 entitled "Residential Cluster Development". Amendments include clarification, reorganization, and minor modification of standards to encourage open space preservation through incentives such as flexible development standards. WHEREAS, the City Council adopted ordinance 4950 on November 30, 2005 establishing a new Zoning Code; and WHEREAS, through practical use and application ofthe new Zoning Code the need for modification has been identified; and WHEREAS, the City of Bremerton has established a procedure for amending the Zoning Code in Title 20. 18.020(d) of the Bremerton Municipal Code (BMC), which requires amendments to the Zoning Code to be both consistent with the goals and policies of the comprehensive plan and to be consistent with other city, state, and federal codes, regulations and ordinances; and WHEREAS, these amendments are consistent with the City's Comprehensive Plan, County Wide Planning Policies, The State Growth Management Act, and other city, state, and federal codes regulations and ordinances; and WHEREAS, on May 20, 2008 the Planning Commission conducted a workshop to determine the appropriate approach for the amendments; and WHEREAS, on August 1, 2008 the proposed Zoning Code amendments were circulated to the State Agencies for the requisite 60-day review and comment period and the City received conformation on August 4, 2008 that the notice was received; and WHEREAS, on August 7,2008 the public was notified by a legal advertisement in the Kitsap Sun of the opportunity to make comment and participate in the public hearing held by the Planning Commission; and WHEREAS, on August 19,2008 the Planning Commission conducted a public hearing on the Zoning Code amendments and formulated a recommendation to forward the amendments for City Council consideration; and WHEREAS, on August 12,2008 a SEP A DNS was issued for the proposed action with an administrative appeal deadline of September 5, 2008 and no appeals were filed; and 1 Zoning Code Amendment WHEREAS, on September 30, 2008 the public was notified by a legal advertisement in the Kitsap Sun of the opportunity to make comment and participate in the public hearing by the City Council; and WHEREAS, on October 15, 2008 the City Council conducted a public hearing and considered all testimony prior to their decision. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The findings and conclusions adopted by the Planning Commission attached hereto as Exhibit A are adopted and incorporated as if set forth fully herein. SECTION 2. Section 20040 in the Bremerton Municipal Code entitled "Definitions" is hereby amended to add the definition of open space as follows: "Open space" means land area not covered by buildings. roads. driveways. parking areas. or outdoor storage areas. including. but not limited to. landscape areas. gardens. walkways. courtyards. lawns. or outdoor recreation areas. The use of which is intended for and accessible to all of the persons residing in the development of which the open space is a part. SECTION 3. Subsection 20.60.060 in the Bremerton Municipal Code entitled "Residential Cluster Development" is here by amended as follows: 20.58.060 RESIDENTIAL CLUSTER DEVELOPMENT. (a) Intent~ and Purpose. The intent of the residential cluster development (RCD) is to accommodate urban densities of the underlying zoning district while allowing residential development to utilize less land area. These provisions aim to allow greater flexibility in the design of subdivisions to ensure development is in harmony with the natural characteristics onsite and to preserve features such as: critical areas. open space. recreation areas. or scenic vistas. The purpose of the RCD is topreserve open space, allow for innovatiye design and reduce impacts to sensitive enyirornnental areas. (b) Applicability~-; A +he RCD may be applied to all subdivisions as permitted in BMC 20.12 Land Division. attached and detached single family residential developments ofthree (3) or more dwellings ~ }..pplicant. The City, federal, state or local agencies, property owner(s), or their designated agents may initiate a request for a RCD. (ft.Q) Procedures~-; ill A RCD may shall be processed in coordination with a subdivision application and will follow the permitting procedures established in BMC 20.12 Land Division.either as an administratiye Type II Director decision or as a nonadministrative Type III Hearing Examiner decision pursuant to the proyisions set forth in Chapter 20.02 BMC. 2 Zoning Code Amendment (1) The Director may require a nonadministratiye RCD wheneyer the use has a significant impact beyond the immediate site, is of a neighborhood or community 'Nide interest, or is of a controversial nature. (2) The Director mayhas the discretion to convert a Type IT administrative subdivision application that is using the RCD provisions to a Type ill nonadministrative Conditional U~Permit any time prior to the issuance of a decision on the application should the Director find the proiect to have significant impacts beyond the immediate site, is of a neighborhood or community wide interest. or is of a controversial nature. (3) In addition to the notification requirements prescribed in BMC 20.02.100, the notice of application shall be mailed to all property owners within three hundred (300) feet of the property. (e) Scope of }..ppro'/al (1) Approval of a RCD constitutes an overlay to the underlying zone. Through the RCD, modifications to the setbacks, height, lot area, building coverage and deyelopment coverage may be granted. (2) Approval of a RCD shall constitute a limitation on the design of the site to only those designs and standards that are specifically included. Such limitations shall remain in effect until the residential deY/elopment is constructed, or until its approyal expires, in which case the previous zoning standards automatically return. (gf) Development Standards-;-~ Modification may be allowed to the underlying zone for which a RCD applies as follows:The follovling standards are applicable to a RCD: (1) Lot Requirements. (it-Density;-;- The minimum and maximum density of the underlying zone shall apply. however.-;- 'Within the 10'N density residential (R 10) zone the density shall be determined pursuant to the pro'/isions in BMC 20.60.065, 20.60.066 and 20.60.068. For the purposes of the RCD, unbuildable critical areas as defined in BMC 20.1420.14.200_ may shall be included in the area for calculating density: however land used for right-of-way may not.A right of way assumption shall be deducted from the total area of the critical area. The assumed right of vlay deduction is a percentage of the total enyironmentally critical area equal to the percentage of the developable site devoted to rights of way. (H2) Minimum Lot Size~-;- Lot size may be reduced to The minimum lot area is two thousand five hundred (2.500) square feet. provided all lots are buildable. (i) Reductions below two thousand five hundred (2.500) square feet will only be permitted if the applicant provides an additional ten (10%) percent of permanently protected open as required by BMC 20.58.060(d)(7).-:- V..) Three thousand (3,000) square feet \vithin the low density residential (R 10) zone. Reductions to the lot size may be allowed if an enyironmentally sensiti'/e area is located on the property and the reduction is the minimum necessary to comply with the minimum density requirements set forth in subsection (f)(1 )(i) ofthis section. (B) Zero (0) within other zones. (2) HeightThe maximum building height of the underlying zone may be increased, provided the height of buildings are compatible with the scale of the surrounding neighborhood, do not adyersely affect existing scenic yie'l,'s, and ensure a reasonable balance of light and shado'll on adjacent properties. Increased setbacks and location of structures may be used to ensure compatibility. 3 Zoning Code Amendment (3) Setbacks: (i) For the purposes ofthis section perimeter setbacks shall be defined as the exterior boundary ofthe entire property to be subdivided. Structures and parking areas shall be setback a minimum of ten (10) feet from all perimeter property lines. (m All other setbacks may be modified to encourage innovative site design. Other Standards. Exceptions may be granted to the underlying zone de','elopment standards such as setbacks, lot area, building coyerage, and d (4) Lot Width: Deviations are permitted. (5) Development Ceoverage: The development coverage is limited to 50% of the total site area including open space.as prescribed in subsection (e)(I) of this section. (6) Parking: Two parking spaces are required for each primary residence. All deviations from the standard parking requirements shall be accompanied by a detailed analysis showing how alternative parking will provide better site design and will provide clear benefits to the residents. Deviations are permitted as follows: (i) Setbacks may be modified: (ii) Parking may be applied to the entire site rather than to individual lots: (iii) Parking tracts shall be placed in easily accessible locations: (iv) Designated parking spaces should be clearly marked. (41) Perimeter SetbacksStructures shall comply with the setbacks ofthe underlying zone along the outer perimeter lot lines of the site. ~Housing Type: Attached and detached single family homes and townhomes are allowed as primary residential structures. Accessory dwelling units are permitted pursuant to BMC 20.46.010.Circulation (i) All streets v/ithin the development and rights of 'llay shall be designed and constructed in accordance with the City street standards pursuant to BMC Title 11. Private streets shall be located on road tracts at least tv,'enty (20) feet wide. (ii) Provisions shall be made for a functional pedestrian circulation system that assures the safe movement of pedestrians both on the site and between nearby properties and actiyities. (iii) }.IJl streets and parking areas shall contribute to the o','erall aesthetic design of the project '.vlrile minimizing traffic congestion and the amount of impervious surface area. (iy) The proyision for adequate parking, loading, aecess and circulation facilities within the RCD shall be those contained in the parking requirements as set f-orth in Chapter 20.48 BMC. The Director may modify these standards to best meet needs and objecti'.Tes of the project, provided parking 'will not spill oyer into nearby neighborhoods. (6) Screening. }..ll utility facilities, loading areas, trash containers, and outdoor storage areas shall be screened from surrounding properties. Solid fences, walls, and blank walls of buildings shall be softened through the use of trees and/or other landscaping materials ifthcir impact cannot be minimized through architectural design or orientation. (-1~) Open Space Designation and Preservation:-;- (i) Open Space Designation. (i) Each RCD shall provide not less than twenty (20%) percent of the gross site area for common open space which shall be primarily concentrated in large areas. 4 Zoning Code Amendment 5 Zoning Code Amendment (1) A RCD shall is approved with the approval of a subdivision. The RCD shall follow the same approvals and timelines as the concurrent subdivision application pursuant to BMC 20.12 Land DivisionThe location, design, and uses are consistent ';'lith the goals and policies of the Comprehensiye Plan, the Shoreline Master Program (when applicable), the City's development codes and other City plans and ordinances; (2) The residential de'/elopment integrates with its surroundings and is designed to harmonize with existing or proposed de';elopment in the neighborhood; _(3) The traffic generated by the development can be accommodated safely and within acecptable levels of service for affected streets; (4) All development will adequately be served by existing or planned facilities and services; and (5) The development makes adequate and appropriate provision for tho preservation of the environment, both natural and manmade, and the conservation of energy. (h) Lapse of Appro';al. Ifnot acted l:lpon \vithin 1\\'0 (2) years from the date ofthe decision, appro'/al of the RCD shall expire. Expiration is automatic and notice is not provided. The Director may grant a single six (6) month extension if the applicant makes such a request in writing prior to the expiration of the RCD and can sho';; good cause for granting the extension. (Ord. 1977 ~8, 2006; Ord. 1950 ~8 (Exh. .^...) (part), 2005) SECTION 4. Severability. If anyone or more sections, sub-sections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 5. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the day of , 2008 WILL MAUPIN, Council President Approved this day of , 2008 CARY BOZEMAN, Mayor 6 Zoning Code Amendment ATTEST: APPROVED AS TO FORM: CAROL ETGEN, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the EFFECTIVE the ORDINANCE NO. day of day of , 2008 ,2008 7 Zoning Code Amendment FINDINGS AND CONCLUSIONS OF THE CITY OF BREMERTON PLANNING COMMISSION Summary: The City adopted provisions for Residential Cluster Developments (RCD) in 2005. This type of subdivision uses less land and encourages the preservation of open space to reduce impacts on environmentally sensitive or critical areas. The intent is to group or cluster the homes in one area of the site to allow for preservation in other areas. Staff has found these provisions to be extremely useful in protecting critical areas while allowing urban densities, however minor modification is needed to ensure the code provides clear definition of what deviations are allowed and how much open space must be preserved. The Bremerton Municipal Code chapter 20.18 "Text Amendments" directs staff to bring amendments that result in any substantive change to a public hearing by the Planning Commission and then to City Council for review and adoption. Planning Commission conducted a Public Hearing on August 19, 2008 and made a recommendation to approve the proposed amendments to the Zoning Code. I. FINDINGS OF FACT 1. Project Description: Amendments to the RCD code include the following: . Allow reduced lot sizes · Establish a 10' perimeter setback · Require 50% max development coverage (applied to entire site) · Allow deviations to parking standards . Require 20% - 30% open space · Eliminate duplication of standards found in other sections · General organization of requirements On August 19, 2008 the Planning Commission held a Public Hearing on the proposed amendments and unanimously recommends these amendments to the City Council for adoption. 2. Procedural History 2.1 May 20, 2008 Planning Commission Workshop 2.2 August 4, 2008 CTED 60 day review period began 2.3 August 9, 2008 Notice of Public Hearing 2.4 August 19, 2008 Planning Commission Public Hearing 2.5 August 12, 2008 Issuance of SEPA DNS 3. Public Comment 3.1 Individuals providing verbal testimony at Planning Commission public hearing: a. To be inserted following the Planning Commission Hearing. 4. SEPA Determination A Determination of Non-Significance was issued on August 12, 2008 with an appeal deadline of September 5, 2008. No appeals were filed for this action. 5. Consistency Zoning Code text amendments shall meet the decision criteria outlined in BMC 20.18.020 (d). The Planning Commission may recommend, and the City Council may adopt or adopt with modifications, an amendment to the Zoning Code text if the criteria outlined below are met. 20.18.020 (d) (1) allows amendments to the Comprehensive Plan if it is consistent with the goals and policies of the Comprehensive Plan. Analysis: The amendments are minor and continue to uphold the objectives and goals of Comprehensive Plan. These amendments do not change the intent or purpose of the zoning code. Analysis: 20.18.020 allows amendments to the Comprehensive Plan if it does not conflict with other City, state and federal codes, regulations and ordinances. The amendments to the Zoning Code do not conflict with any other regulations. II. CONCLUSIONS & RECOMMENDATION Based on the findings above, Planning Commission concludes that The Zoning Code amendments meet the requirements in BMC 20.18.020, text amendments to the Zoning Code and therefore recommends the adoption of the amendments to the Zoning Code. Approved by: ~f~ Bill Mosiman, Chair DEPARTMENT OF COMMUNITY DEVELOPMENT MEMORANDUM To: City Council From: Nicole Ward, City Planner Date: October 8, 2008 Subject: Amendments to Residential Cluster Development BMC 20.58.060 SUMMARY The City adopted provisions for Residential Cluster Developments (RCD) in 2005. This type of subdivision uses less land and encourages the preservation of open space to reduce impacts on environmentally sensitive or critical areas.. The intent is to group or cluster the homes in one area of the site to allow for preservation in other areas. Staff has found these provisions to be extremely useful in protecting critical areas while allowing urban densities, however minor modification is needed to ensure the code provides clear definition of what deviations are allowed and how much open space must be preserved. In summary modification is proposed as follows: · Allowing reduced lot sizes · Establishing a 10' perimeter setback · Requiring 50% max development coverage (applied to f1ntire site) . Allowing deviations to parking standards · Requiring 20% - 30% open space · Eliminating duplication of standards found in other sections . General organization of requirements Staff has summarized these changes in a table as seen in Attachment I. The table compares the current code provisions with the proposed changes in an easy to read side by side format. The Ghart compares the R-10 standards with the existing RCD deviations and with the proposed RCD deviations. OPTIONS · Adopt the proposed ordinance as recommended by the Planning Commission. · Adopt the Planning Commission's recommended changes to the Zoning Code with modifications. · Deny the Planning Commission's recommend changes to the Zoning Code. ATTACHMENTS · Attachment I - Amendment Narrative Chart · Attachment 11- Amendments without Legislative Markup (as it would read if adopted) . Attachment III - Planning Commission Meeting Minutes Attachment I Amendment Narrative Chart Development Standards Standard Zoning Current Deviations Proposed Change Requirement (R-10) allowed Density 5-10 units per Acre 5-10 units per Acre 5 -10 Units Per Acre Includes or excludes Density is determined by taking Calculation Excludes Includes Critical Areas critical areas the total area of the site and Critical Areas & Roads Excludes Roads Excludes Roads dividing by the number of proposed units; Example: Example: This provides flexibility 1 acre site -0.5 acres for 1 acre site - 0.2 acres of for parcels encumbered Example: wetlands & roads roads = .8 acres to with Critical Areas to 1 acre / 10 units = 10 units per = .5 acres to develop. develop. provide somewhere acre At 10 units per acre At 10 units per acre between 5 - 10 units per allowed density = 5 units allowed density = 8 acre units Lot Size 4,300sf - 8,712sf 3,OOOsf minimum 2,500sf minimum Reductions below this Reductions allowed with minimum are possible 10% increase in open however the language space. is confusinq. Height 35' Increased height is Height cannot be allowed provided no increased above 35' neighboring views are blocked. No limit, no criteria Setbacks Front & Rear = 15 Reductions allowed Reductions allowed Side = 5 Perimeter setback Perimeter setback of 10' varies between 5' and 15' Development Coverage 60% Max, Development None 50% Max. Development Coveraqe Coveraqe Parking 2 off street parking stalls No deviations permitted 2 parking stalls per per residence residence, applied to the entire site with flexibility as to location Open Space None Required No clear amount 20% of site must be required retained in open space - 30% if reduced lot sizes are proposed. Attachment II Amendment Text without Le2islative Markup 20.58.060 RESIDENTIAL CLUSTER DEVELOPMENT. (a) Intent: The intent of the residential cluster development (RCD) is to accommodate urban densities of the underlying zoning district while allowing residential development to utilize less land area. These provisions aim to allow greater flexibility in the design of subdivisions to ensure development is in harmony with the natural characteristics onsite and to preserve features such as; critical areas, open space, recreation areas, or scenic vistas. (b) Applicability: A RCD may be applied to all subdivisions as pel111itted in BMC 20.12 Land Division. (c) Procedures: (I) A RCD shall be processed in coordination with a subdivision application and will follow the permitting procedures established in BMC 20.12 Land Division. (2) The Director may convert a Type II administrative subdivision application that is using the RCD provisions to a Type III nonadministrative Conditional Use Permit any time prior to the issuance of a decision on the application should the Director find the project to have significant impacts beyond the immediate site, is of a neighborhood or community wide interest, or is of a controversial nature. (3) In addition to the notification requirements prescribed in BMC 20.02.100, the notice of application shall be mailed to all property owners within three hundred (300) feet of the propelty. (d) Development Standards: Modification may be allowed to the underlying zone as follows: (1) Density; The minimum and maximum density of the underlying zone shall apply, however, unbuildable critical areas as defined in BMC 20.14 may be included in the area for calculating density; however land used for right-of-way may not. (2) Minimum Lot Size: Lot size may be reduced to two thousand five hundred (2,500) square feet, provided all lots are buildable. (i) Reductions below two thousand five hundred (2,500) square feet will only be permitted if the applicant provides an additional ten (10%) percent of permanently protected open as required by BMC 20.58.060(d)(7). (3) Setbacks: (i) For the purposes of this section perimeter setbacks shall be defined as the exterior boundary of the entire property to be subdivided. Stmctures and parking areas shall be setback a minimum often (10) feet from all perimeter property lines. site design. (ii) All other setbacks may be modified to encourage innovative (4) Lot Width: Deviations are permitted. (5) Development Coverage: Shall apply to the entire site and cannot exceed fifty percent (50%) of the total site area. (6) Parking: Two parking spaces are required for each primary residence. All deviations from the standard parking requirements shall be accompanied by a detailed Attachment II analysis showing how alternative parking will provide better site design and will provide clear benefits to the residents. Deviations are pennitted as follows: (i) Setbacks may be modified; (ii) Parking may be applied to the entire site rather than to individual lots; (iii) Parking tracts shall be placed in easily accessible locations; (iv) Designated parking spaces should be clearly marked.(7) Housing Type: Attached and detached single family homes and townhomes are allowed as primary residential structures. Accessory dwelling units are pelmitted pursuant to BMC 20.46.010. (8) Open Space Designation and Preservation: (i) Each RCD shall provide not less than twenty (20%) percent of the gross site area for common open space which shall be primarily concentrated in large areas. When these areas are designated as critical areas they should be designed to provide connectivity for habitat functions; (ii) Open space areas shall be located on separate tract(s), and shall be developed for passive or active recreational uses or set aside to preserve critical areas as. defined in the Critical Area Regulations in BMC 20.14; (iii) Parking areas, rights-of-way, driveways, and yards within individual lots shall not be included in common open space; (iv) Facilities and other improvements that enhance recreational use(s) may be located in an open space area (provided they are not prohibited by other sections of the BMC). Such facilities can include, but are not limited to fields, picnic areas, playgrounds, and athletic courts. (v) Open space areas shall be restricted in perpetuity from further subdivision and or land development. This restriction shall be noted on the face of the Plat. (vi) Open Space Plan: For all designated open space areas the proposal shall include an open space plan. This plan is to ensure the open space is maintained and preserved in perpetuity. Open space requirements established in the Critical Areas regulations (BMC 20.14) shall be met for all designated critical areas. All other open space areas shall comply with the following: (A) Identify all proposed improvements such as public facilities, proposed vegetation, and existing vegetation to remain; and (B) The plan must comply with the requirements of the landscaping chapter, found in BMC 20.50; and (C) The Plan shall outline maintenance responsibilities; and (D) The plan shall include a Notice to Title approved by the City and recorded with the County Auditor. This Notice shall include provisions for the designation and retention of open space, and provisions for penn anent maintenance of the open space and/or commonly owned facilities. (e) Criteria for Approval. The decision-making authority may grant a RCD only ifit is found that:(1) A RCD shall is approved with the approval of a subdivision. The RCD shall follow the same approvals and timelines as the concurrent subdivision application pursuant to BMC 20.12 Land Division Attachment III Planning Commission Meeting Minutes for: Workshop held on May 20, 2008 & Public Hearing held on August 19,2008 Minutes for City of Bremcl'ton Planning Commission Regular Meeting May 20, 2008 I. Call to Order The meeting was called to order by Chairman Mosiman at 5:30 p.m. II. Roll Call Those present were: Commissioner Hoell, Commissioner Streissguth, Commissioner Wheeler, and Chairman Mosiman. Commissioner Kosusko was excused. Quorum cCliified. Also present: Andrea Spencer, Nicole Ward, Lindsey Sehmel, and Pam Bykoncn (DCD staff). III. Approval of Agenda Chairman Mosiman introduced the agenda. Staff asked to have the apPl'oval of the March 18, 2008 meeting minutes struck from the agenda. It was agreed by general consensus to approve the agenda as amended. IV. Approval of Minutes [Stmck from the agenda.] VI. Public Meeting A. Can To The Public (public comments on any item not on tonight's agenda). Chait'man Mosiman asked if there were any comments from citizens. Seeing none, he closed this portion of the meeting. n. Workshop: Nicole Ward~ City Planncr~ presented a study session on Residential Cluster Developments with proposed amendments to clarifY the code. Using recently submitted application documents, Nicole gave real examples of how intclpretations of the code could be very different. Commissioner Strcissgntb expressed concern regarding potentially increased density outside of the centers and how that could affect growth projections. Nicole explained that the actual allowed density would not change, only how the density is achieved while preserving open space and critical areas. In the future zoning amendments for this item, Chairman Mosiman asked staff to provide clarification in how the open spaces were to be utilized and what is to be done with environmentally sensitive areas. Commissioner Hoen agreed that clear understanding of the code's intent is a priority. Planning Commission Meeting May 20, 2008 Page 1 of3 "". Commissioner Wheeler asked if there was a fonnula for determining appropriate height, or would each penn it be viewed separately for height and neighborhood scale issues. Staff replied that they felt the height requirement was a carry-over from the Planned Unit Development code which the Residential Cluster Development code replaced. Staff would like to remove reference to height requirements in this chapter. Chairman Mosiman asked forpublic comment on this item. Mark Satterthwait, Seattle; "I'm curious on the height question, whether that is part of the idea of-them building on sites that are sometimes a little harder to build on othetwise and where a 35- foot limit might not apply because, maybe, part of the building is' at the bottom of a hill. It seems to me, if this is the situation where you're doing something that's optimal, then maybe you do want to have the flexibility on the height because you could have, like I said, patt of the building at the bottom of a hill, part of it at the top. You could have one story at the top - that's a question more than it is . . ." Andrea explained that building height is measured at average grade. Seeing no other citizens wanting to make a comment, Chairman Mosiman closed the Public Meeting. VI. Business Meeting A. Chairman's Report: None. B. Director's Report: Andrea Spencer, Director of Community Development, reviewed the consultants to be hired for the Manette Sub-Area Plan (Makers Architecture), and the joint school siting with Bremerton School District (NAC Architecture). Andrea asked for a stakeholder from the Planning Commission to attend community outreach meetings for the Manette Sub-area Plan. Commissioner Kosusko was nominated to sit on the stakeholder committee as he is a resident of Manette and had expressed interest in doing so at prior meetings. Andrea summarized the large development projects slated for 2008. The projects are a mix of residential, commercial, and municipal. The City of Bremerton's Department of Community Development has won the Governor's Smart Communities Award for the Downtown Sub~Area Plan. Petitions for annexation from the South Kitsap Industrial Area (SKIA) have come forward from the property owners. The annexation petitions total approximately 80% of the SKIA urban growth area. Analyses are being prepared of the financial impacts of annexation for presentation at the June 16, 2008 City Council meeting. At present, SKIA is not associated with Bremerton's UGA. C. Old Business: Commissioner Wheeler asked about the upcoming demolition of the Sinclair Building, especially the opportunity for public comment. Staff explained that the permits for that demolition/construction are part of the second phase of the Harborside condominiums and the comment period had expired several years ago. D. New Business: Pam Bykollen, Planning Commission Clerk, asked for input from the commissioners on renewing a subscription to the Planning Commission Journal. It was generally agreed that the subscription was educational and should be renewed. Planning Commission Meeting May 20, 2008 Page 2 of 3 </-- ,.- "", VII. Adjournment Meeting was adjourned at 6:24 p.m. The next Regular Meeting is scheduled for June 17,2008. w::: I ~~ Bill Mosiman. Chailman Planning Commission Meeting May 20, 2008 Page 3 of3 DRAFT FOR APPROVAL ON 9/16/08 Minutes for City of Bremerton Planning Commission Regular Meeting August 19, 2008 I. Call to Ot'der The meeting was called to order by Chairman Mosiman at 5:32 p.m. II. Roll Call . . . . Those present were: Commissioner Hoell, Commissioner Kennedy,Cotl1missioner Kosusko, Commissioner Streissguth, Commissioner Wheeler, and Chairman Mosiman, QUOl'timcertified. ',.\ . ..",.,,- . Also present: Andrea Spencer, Nicole Ward, Lindsey Sehmel, and Pam Bykonen (DCD staff). III. Approval of Agenda Chairman Mosiman introduced the agenda.jr\,iasagreed by general consensus to approve the agenda as presented. . ...... ,. " ..... '" . ," .'.' " . . . . ':. ", " IV. ApprOVlllof'MinilteiL.. '~ ' The minutes of the Regular Meeting held on March'18, 2008 were presented for approval by Chairman Mosiman. A motion was made by Commissioner Kejt~edY and seconded by Commissioner Kosusko to approve the Regular Meeting Minutes of Marc" is, 200S, as presented. Called for a vote: Commissioner Hoell: Yes; Commissioner Kelmedy: Yes; Commissioner Kosusko: Yes; Commissioner Streissguth: Y:es;~omitti9sioner Wheeler: Yes; Chairman Mosiman: Yes. The motion carried. The minutes of the Reguiar.Jy.1eeting held on May 20, 2008 were presented for approval by Chairman MosimaiL. A motion was made.by Commissioner Hoell and seconded by Commissioner Wheeler to approve tJie.~egular Meethtg Minutes of May 20, 2008, as presented. Called for a vote: Commissioner.H:pell: Yes; Ci)mmissioner Kennedy: Abstain; Commissioner Kosusko: Abstain; Commissioner Strd~sguth: Yes~.'Commissioner Wheeler: Yes; Chairman Mosiman: Yes. The motion carried. '. . VI. llublic Meeting A. Call To The Public (public comments on any item not on tonight's agenda). Chairman Mosiman asked if there were any comments from citizens. Seeing none, he closed this portion of the meeting. B. Public Heariuf!: Planning Commission Meeting August 19,2008 Page 1 of6 DRAFT FOR APPROVAL ON 9/16/08 1. Residential Cluster Development. Nicole Ward, City Planner, presented the proposal to amend BMC Chapter 20.58.060, Residential Cluster Development. The purpose of the proposed amendment is to simplify the requirements and clarify the language of the current code. Chairman Mosiman opened the public hearing on this item and asked for comments. Seeing none, he closed the public hearing and asked for the commission's comments and deliberations. Commissionel' Kennedy asked if the new standards were applied to plat example #3 showing 20 residential lots, would the developer be able to achieve the same number of building lots. Nicole said they would get the same density but with a different layout to provide adequate open space amenities. Commissioner Kosusko asked staff for a definition of what open space is and what it is expected to contain to be considered open space. Nicole explained that there are two types of open space: critical area preservation and active open space. Th~,critical area open space specific to the preservation of critical areas and must comply wit!i>ifherequirements set forth in the Critical Areas Ordinance. Active open spaces would incl~de parks, tot lots, play field, etc. and must be maintained through the subdivisions covenantsan.d:regulations 2. Comprehensive <~JanAmendmellts -2008 Docket. Lindsey Sehmel, City Planner, presented the 2ooS,podk~{for:Comprehensive Plan Amendments. The amendments are: 1. Adop1;i~p, of OffiCiaELand Use Map. 2. Charige.till Land <;Use Designation from Transportation, Utilities and Public Transp0l1atioll\to J>u1?lh:;~~ctor Redevelopment (Bremerton Fire Station #2 near West Park) . ..... .H,. .,...,.. 3. Ame~dments tJbQnlpr~h~~ii~~:P:i~n text and Official Land Use Map that designates a manufacturing and'ltld,ustrial center and future sub-area planning efforts for the SKIA Urban Growth Area.H:;' 4. Text and map amendmerits illustrating equivalent Kitsap County Land Use designations to con'esponding City designations for all UGAs assigned to the City by Kitsap County. 5. Amendment to the Official Land Use Map designating City owned land. Chairman Mosiman asked for public comment on this item. Kurt Weist, Executive Director of the Bremerton Housing Authority: "I would like to give brief comments on Comprehensive Plan Amendment #2. First of all, I want to thank City Community Development Staff and the Fire Department for working with the Housing Authority 011 this particular item. They've been very cooperative and this is something that's important to the Housing Authority relative to our overall redevelopment plans for the West Park public housing development. 1 wanted to give you, also, a report on our progress since I last came before you, about 18 months ago. It's been a busy time for the Housing Authority; we've made great progress on our overall redevelopment plan for West Park. We have completed Bay Vista Commons, which is the [inaudible] on the corner of Kitsap Way and Oyster Bay Avenue. We have received approval from HUD on our demolition and disposition plan for West Park, and moving forward with that, we have, as of today, we have relocated 137 families out of 571 units Planning Commission Meeting August 19, 2008 Page 2 of 6 DRAFT FOR APPROVAL ON 911 6/08 at West Park - that's about 25% of the development - has currently been relocated and we're moving forward with continued relocation of residents there. We've also completed preliminary design on the replacement housing - that's pm1 of the sub-area plan - as well as the new commercial component of the redevelopment plan. We have been in negotiations with the City regarding the fire station, which is located at the off-ramp of Highway 3 and Kitsap Way. We believe that acquiring that fire station and incorporating it into the previously designated commercial component of the redevelopment plan will be an enhancement to the overall design of the project. The commercial component is about five acres; acquiring the fire station would add another 1.3 acres to the overall commercial component of the plan. We've also been working with the City and the Fire Department staff on identifying an appropr.iate placement facility for the fire station and that would be on property that's owned by th~.$~;erne~10n HOllsing Authority near the comer of Kitsap Way and Oyster Bay Avenue, aCfPss the street from Bay Vista Commons. I would encourage your consideration of this am~jldIW~nt We believe that it's in the City's best interest [inaudible] great success, we believe, WiH be om'sthrough the redevelopment of West Park. Thank YOLl." .. . . ... James Weaver, Development Director, City of Port Orchard: "I wanftqtl~ank you for the opportunity to be here tonight. First of all, I want to compliment Andrea[$p~ncerJ and the Community Development depaJtment staff on the excellent job they've done aild:illeir planning efforts and the documents; the quality of the docLlments they've delivered for1:he City. As a small city, in Port Orchard, we're looking to emulate as much as possible the successful planning that Breme110n's had and the succes~flJlrevitalization that the City is making. Comprehensive Plans, they're documents that crafttJi~y~siol1 for the future.'. As the growth of Bremerton is expanding, and the growth of Port Ol;chard:i~~;~~S9 expanding, we look for opportunities to work together on how our adjacent borders can aligh-liri,q.ho':V we can work together on shared interests as these borders come more and more irito align,m~lit~ye;~;tin1.e. City of POlt Orchard, we're on the same annexation path that Bremertoilis"As youtn.~yknow, the City of Port Orchard is currently processing an annexation request)for McCormick Woods from the residents for the Urban Growth Area ULID-6. That's very sirriiJar to the SKIA annexation. I hope our comments are of assistance to the Planning Commissidl}~nd that our request is of assistance in the deliberations for these amendments. Primary,c<>mment, related to the 2008 amendments, is related to amendment #1 in the Land U~emap that was identified for that. If you'll notice, the Lan<:l::Us~;maij;Jnfront of me for 2004 - at that time it did not include McCormick Woods within the city bound8:fiei;:Jhe red line depicted McCormick Woods. And Northwest Corporate Campus ii;.a barrier for futJre:e~pansion for the City of Bremerton's growth plans. The new map has been q\.llie~ ~onfusing to cittz~ns of the City [of Port Orchard] and McCormick Woods in that it clearly depkts,areas that are)),)., [Kitsap] County zoning Comp Plan designations in gray, and yet identifies. [thel McConrii~k Woods area in zoning designations of color. It's correctly depicted on Amenrlmel).t #4 for the designations for Unassigned Urban Growth Areas, but our request is that the map:aptual!ybe corrected to reflect unassigned designations for areas that are not associated with.tJ1,~JEity as well to reflect the correct zoning, or at least consistency with the rest of the map. Oili~r comments that have been brought to our attention are the consistency for zoning designations and potential impacts as zoning within Kitsap County allows celiain densities whereas the equivalent zoning that's been identified actually allows higher densities that may have been identified in the Environmental Impact Statement for that document. The last item is that we look forward to working with the City on all of our issues. We hope that these comments are of assistance and are happy to answer any questions as both cities move together and how our Comp Plans are going to be updated over the course of this year. Thank you." Ken Atteberry, CEO, Port of Bremerton: "We've been engaged with the SKIA annexation process and I would like to say that we've been in reasonably close conversation with YOLlr Planning - Department of Community Development - that shows my age; I've been involved Planning Commission Meeting August 19, 2008 Page 3 of6 DRAFT FOR APPROVAL ON 9/16/08 with Planning Department for too many years! In any event, appreciate the approach in regard to the SKIA designations and look forward to the sub-area planning process and the zoning pieces that will evolve from that. Just to indicate that one of OUl' principle issues that we'll be raising during that process is protections for the airport as it enters a new jurisdiction. As the County did their planning through the '90s and early 2000s, there was a reasonable set of land use policies relating to aviation and protections of the airport. I look forward carrying that on to the next tool of zoning as we get to know what being in the City is like. Thank you very much." Bill McKinney, Forestry Manager, City of Bremertoll Public Works & Utilities: "I'd like to address Amendment #5 which is the amendment to the official Lan4Use map desi!:,lTIating City owned lands. Public Works staff identified approximately 490 acres'oWni;:d by the Water Utility; these are lands that we've owned for years, in some instances cl~~~des, arid they had never been incorporated into the City Land Use map. We believe thatth~:i)fop:Osed designations that Lindsey has discussed and that you have on your map are consistel)(with theXa~ijacent City owned parcels and Public Works & Utilities would be in favor, very much so, ofyo&Jp,opting this amendment to the Comprehensive Plan. Thank you." , ' Dick Davis, Chairman, McCormick Woods Annexation Committec: "We've"been working with the City of Port Orchard now since last October on potential annexation of <}ur community into the City of Port Orchard. We have submitted our 10% application petition; we are very close to beginning a campaign to collect signatures of 75% of the property valuation within the designated annexation area, and w~~re here this evening on very short notice so we have no prepared remarks, but I would ask th~tasyou look at these areas, which - and I know nothing about this stuff. Believe me, this is~ratl:4A~?Y, for me. But as you look at these areas for annexation, please keep in mind that we':ve ptifin~n~,normous amount of work to get ourselves prepared to run an annexation campaign to be annexe<;l:'J.ntQ tb~ City of Port Orchard. We would be heartbroken if some line on a piece ofpapt;:t ~ere toiil1pact what we've spent about eight or nine months working on. So we ask that you please give serious consideration as you look at these things. So far, I haven't heard anythinfHhat seems to impact our annexation effOlt, but we would ask you to keep that in mind as you lOO~,ll!'these things and know that, as a community, we've done all this work and now we want to tike it to its logical conclusion. We thank you for your cOI)~iperation." AI,D~ke,~hi~f~'qty of Bremcrton Fire Department: "I want to echo Mr. Weist's r~:c()ml11endation, t06,;tq approve Amendment #2 for the Fire Department. I'd also like to credit tlrelllfor their visionth,atthey've had on the sub-area plan; since Mr. Weist has come on, they've evene~panded more oft4e commercial which I'd tried to get them to do before but they were a little refu9t~nt and I praise, you for doing that. Thank you." , ' Chairmalll\10~.,nan asked for further public comment on this item. Seeing none, he closed the Public Hearingailqasked for the commission's comments and deliberations. Note: As a Bremerton Housing Authority Commissioner, Commissioner Streissguth recused herself during the discussion and deliberations regarding Amendment 2. The entire commission will deliberate and vote on Amendments 1, 3, 4, and 5. The commission, minus Commissioner Streissguth, will deliberate and vote on Amendment 2 as a separate item. ,Amendment #1 Regarding comments received on Amendment 1, Commissioner Streissguth asked if there were errors in the consistency of the two maps mentioned (the 2004 and 2008 versions). Andrea explained that on the official Land Use map, City land use designations are shown on land within the city limits, and County land use designations are shown on Urban Growth Areas that are Planning Commission Meeting August 19,2008 Page 4 of6 DRAFT FOR APPROVAL ON 9/16/08 adjacent to the city with a map legend for each. The current map format is consistent with the 2004 land use map format. She made it clear that the City of Bremerton would not interfere with the McCormick Woods annexation into the City of Port Orchard. Commissioner Hoell asked for confirmation that McCormick Woods was located in UUD-6, an unassociated Urban Growth Area. Andrea said it was. Commissioner Hoell asked if the proposed amendment impacts in any way the McCormick Woods annexation. Andrea replied that it absolutely did not affect that annexation. Amendment #3 Commissioner Kosusko asked if a full description of the new Land Use designation, MIC, would be included in the Comprehensive Plan. Staff replied that it was included in the attachments with the updated information. Amendment #4 .' ..... Commissioner Streissguth thought that the COlll~ty~S Public Facilities definition was broader than the City's. Using Low Density Residential i.nareas designated Public Facilities might not be an appropriate q.esignation. Andrea explainedth~t the area~ in question were "ground truthed" (physically visited) and found to be appropriate us~swithintheLow Density Residential zones. Commissioner Streissguth asked if the County 'CQV1q. permit-. a public facility that fits the County's definition in these areas prior to annexatlOn:,i,Q~.Bremerton. Andrea said that staff understands that the land use equivalencies is a "band~ala1happroach and the jurisdictions will work cooperatively to negotiate Urban Growth Area Manag~rii~htAgreements (UGAMA). ",.- "'. , Commissioner Kosusko asked if the list of equivalencies was~:>tinding document or merely a guide to make the transition to annexation smoother. Andrea said it was created to make the annexation process ~a,si~r.. but there are areas where the City's land use designation is less dense than the Coul1tY'shma'i.is~.d~signation and that may create some tension with residents in those areas. . Amendment #5 .. .'. ........ Commissioner Kosusk9,asKect 'If'.t~~'P~9P@.rties located outside of the city limits were to be annexed into the city. Aiiar.~~ said that the City intends to annex these parcels. A motion was made by co~ri1jsSiOner Streissguth and seconded by Commissioner Kosusko to recommend City Council ad~pt Amendments 1, 3~ 4, and 5 to the Comprehensive Plan as detailed in Attachment I based on the Findings and Conclusions presented in Attachment II. Called for a vote: Commissioner Hoell: Yes; Commissioner Kennedy: Yes; Commissioner Kosusko: Yes; Commissioner Streissguth: Yes; Commissioner Wheeler: Yes; Chairman Mosiman: Yes. The motion carried. Amendment #2 (Commissioner Streissguth left the room.) Commissioner Kosusko asked if the property Fire Station #2 is located on was included in the original West Park design and if not, what the process for making this change is. Andrea explained that the Bremerton Housing Authority will have to bring forward a Sub-Area Plan Amendment showing changes to their proposed plan. This will take place once the land use designation is changed from Transportation, Utilities and Public Transportation to Public Sector Redevelopment Site. Planning Commission Meeting August 19,2008 Page50f6 DRAFT FOR APPROY AL ON 9/16/08 A motion was made by Commissioner Kennedy and seconded by Commissioner Wheeler' to recommend City Council adopt Amendment 2 to the Comprehensive Plan as detailed in Attachment I based on the Findings and Conclusions presented in Attachment II. Called for a vote: Commissioner Hoell: Yes; Commissioner Kennedy: Yes; Commissioner Kosusko: Yes; Commissioner Wheeler: Yes; Chairman Mosiman: Yes. The motion carried. (Commissioner Streissguth returned to the meeting.) VI. Business Meeting A. Chail'man's Rellort: None. .~..., -";'- ...,'(',,' - ~ '. B. Director's Report: Andrea Spencer, Director of Comwunity Development, reported that the SKIA North annexation petition was being revieweq:\)y:th,~J~oundary Review Board and ,"/-.- .........'.' staff should be hearing its verdict soon. It is anticipated th~(the petip.on for annexation for SKIA South would be filed this week. ' . . . . There will be a community outreach meeting for the Manette Sub-Are~>~l.aJ1 at the Manette Senior Center on August 27,2008 at 6:00 PM. C. Old Business: None. D. New Business: None. \.,,>, " VII. . ..Adj~~rJlmellt '.:'; ..,....'... '. .: '" ",~ ,,'; '.. Meeting was adjourned at 6:51 p.m. The next Re'&ular M~~diig'.~~}91:~c:luled for September 16,2008. . . ~..~'::: .:' Respectfully submitted by: Andrea SpenceI,E~~P,l1tive Secretary ',_, A _ "',,.. "":."l:" Appr9yedJ,y: """"~ \::. ", . ";":"'-'. . . ...~. " "'- - , '; ~ ' " ,,',' -'..;" ..' .... .', Bill Mosiman, Chairm~tl, ;, . ',," ",,' .', Planning Commission Meeting August 19,2008 Page 6 of6