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Home My WebLink About08/09/2009 AGENDA IF. -- ----- ---1--1 ii I ii Ilm!1 ;l~---=I r- @CUI7 @IJ I, lirii)fi"",I'l\f~~I' t1~~~,'V,i~~~~lj ILE CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 D Phone (360) 473-5280 ***AMENDED*** AUGUST 19, 2009 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 B. Minutes of Meeting - August 5, 2009 C. Minutes of Study Session - August 12, 2009 D. Appointment of Geoff Wentlandt to the Design Review Board E. Purchase of one Street Sweeper from OWEN EQUIPMENT COMPANY of Portland, Oregon F. Purchase of a Temporary Construction Easement from Raymond Gardner, Greg Hunt, and Joan Hunt for Pump Station SB-4 and Sewer Mains as part of the Gorst Sewerage Project G. Authorize the City Attorney to hire an Assistant City Attorney I at Payband 13, Rate 6; and a Prosecutor I at Payband 7, Rate 2 6. GENERAL BUSINESS - There are no General Business items tonight... 7. PUBLIC HEARINGS r A. Public Hearing approving Ordinance No. 5088 creating Bremerton Harborside Revitalization Area and repealing Ordinance No. 5052 8. COUNCIL MEMBER REPORTS 9. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING The Bremerton Transportation Benefit District Board will meet in the Chambers immediately following the adjournment of the City Council Business Meeting... rI Americans with Disabilities Act (ADA) accommodations provided upon request. Those requiring special accommodations should contact tfJe City Clerk's Office at (360) 473-5323 by noon on the Monday preceding the Council meeting. COUNCIL MEETING SPEAKERS LIST PLEASE PRINT YOUR NAME BELOW IF YOU WISH YOUR COMMENTS TO BE INCLUDED IN THE RECORD (!I9MLytI/ ;V~~;q/- - '" . / py/}c /~;J1 Yrl ~ , v REQUESTS FOR INFORMATION MUSTBE SUBMITTED IN WRITING TO THE CLERK THANK YOU Report by Councilmember Runyon for August, 19, 2009 1. Project Porchlight: V olunteer/PSE free Compact Fluorescent Lightbulb (CFL) handout; Thurs., Aug. 6 at Evergreen Parl(. a. 10-12 volunteers including Brownies, Graham Skelly, Judge James Docter, Patty Graf- Hoke, Bill Hoke. b. 300-400 CFLs given out to households around Evergreen Parle 2. Bremerton Food Line Sc'hool Supply and Clothing Distribution; Saturday, Aug. 15 a. 12-18 volunteers collected, sorted, packaged and handed out school supplies and clothing items. b. Sixty families served. . c. Need for more school supplies 3. Handicap Parking Complaints a. State law allows the handicapped with a state issued identification card and a placard or license plate to park on public streets free of charge and without time limits. c. Violators of the handicap parking privilege may be fined up to $250 for misuse of a handicap placard or license plate. AGENDA BILL CITY OF BREMERTON CITY COUNCIL 511 DATE SUBMITIED: 8/19/2009 ............................................................................................ SUBJECT: Committee Meeting Date: COUNCIL MEETING Date: August 19,2009 Department: Financial Services Presenter: Cathy Johnson Phone: 473-5296 Claims & Check Register SUMMARY: Consent Agenda item. Approval of checks and electronic fund transfers. A TTACHMENTS: Check Register. FISCAL IMPACTS (Include Budgeted Amount): APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: COMMITTEE CHAIR COUNCIL PRESIDENT: ~l~A ~Aff CONSENT AGENDA ~ GENERAL BUSINESS 0 PUBLIC HEARING 0 RECOMMENDED MOTION: 1) Check #'s 333134 through 333392 and EFT's 9004 through 9040 in the amount of $2,297,832.97. 2) Regular Payroll for the pay period ending August 15, 2009 in the amount of $730, 178.92. COUNCIL ACTION: ~ Approve 0 Deny 0 Table o Continue 0 No Action DA TE SUBMITTED: : 1 ~;",;_, ;,'. 513 AGENDA BILL CITY OF BREMERTON CITY COUNCIL ........................................................................................ Committee Meeting Date: N/ A COUNCIL MEETING Date: t:l ~9U.S+- ''f ( .200"1 Department: City Council Presenter: Cecil McConnell Council President Phone: (360) 473-5280 SUMMARY: Attached is a summary of the City Council Meeting held It u..j u. St- S I 2.00 <1 SUBJECT: City Council Meeting Minutes for meeting of Pt l.l~ lJ...S+ 5 I '2..00 <1 ATTACHMENTS: Meeting Minutes for A~ u..S+ 5) 2-009 FISCAL IMPACTS (Include Budgeted Amount): N/A APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: Council President N/A N/A N/A COMMITTEE CHAIR COUNCIL PRESIDENT: N/A ~'I;/:.~t/ CONSENT AGENDA J2t. GENERAL BUSINESS D PUBLIC HEARING D RECOMMENDED MOTION: Move to approve the Consent Agenda as presented. COUNCIL ACTION: D Approve D Deny 0 Table D Continue 0 No Action DIGITAL RECORDING CITY COUNCIL MEETING MINUTES VVednesday,August5,2009 The weekly meeting of the City Council of the City of Bremerton was called to order VVednesday, August 5, 2009, at 5:00 PM in Council Conference Room 603 of the NORM DICKS GOVERNMENT CENTER, 345 6th Street, Bremerton, VVashington, with Council President Cecil McConnell presiding. Council Members present were Nick VVofford, VVill Maupin, Carol Arends, Dianne Robinson, Mike Shepherd, Roy Runyon, Adam Brockus, and Brad Gehring. Also present were City Attorney Roger Lubovich, City Clerk Carol Etgen, and Legislative Assistant Lori Smith. A COUNCIL BRIEFING was held to discuss General Council Business; and at 5:30 PM the meeting moved to the First Floor Meeting Chambers. The Pledge of Allegiance was led by Council Member Brad GehrinQ followed by the invocation provided by Reverend Ron Anderson of Manette Community Church. MAYOR'S REPORT . Citizens were invited to attend a ribbon cutting ceremony marking the completion of Bremerton's Blueberry Park on Friday, August 14 at 2:00 pm at 737 Sylvan VVay in East Bremerton. For more information, please contact Parks & Recreation (360) 473-5305. . Bob Battin of the Bremerton Central Lions Club was brought forward to introduce Japan Exchange Students: Chizaru Miyashita (hosted by Anthony Abruzzo & Dawn Vokali) and Ayana Kimura (hosted by Bernice & Arne Aspens with their daughter Katie). Mr. Battin mentioned this was the 40th year of the Sister City Program with Kure, Japan; and many thanks belong to Elaine Valencia, Executive Assistant to the Mayor for her support and coordination of the program for over 30 years. PUBLIC RECOGNITION & ANNOUNCEMENTS Mike Shepherd invited the public to a recognition picnic for the Kitsap Pumas first season. Dianne Robinson provided information on a ceremony planned to honor the legacy of Civil Rights Pioneer Lillian VValker on Tuesday, August 11 in the Office for the Secretary of State in Olympia. Carol Arends announced the First Friday Art VValk events would be taking place at several art galleries and several businesses downtown this week Roy Runyon made several announcements including the School Supply Drive sponsored by the Bremerton Foodline until Saturday, August 15; "Project Porch-Light" and free CFL bulb give-away by Puget Sound Energy on Thursday, August 6 at Evergreen Park from 5:30 to 8:00 PM; and the last "Movie on the Roof" event for the summer would be a showing of "Raiders of the Lost Ark" on Friday. CONSENT AGENDA A. Check Numbers 33265; 332764 through 333133; and EFT-8953 through EFT-9003 in the amount of $3,642,950.55; Regular Payroll in the amount of $756,049.38 for the pay period ending July 15, 2009; Regular Payroll in the amount of $795,642.95 for the pay period ending July 31, 2009; and Retiree Payroll in the amount of $82,185.19 for the pay period ending July 31,2009. B. Minutes of Meeting - July 15, 2009 C. Minutes of Study Session - July 22, 2009 City Council Reg. Mtg. Minutes VVednesday,August5,2009 Page 2 of 3 D. Acceptance of 2009 Recovery Act Justice Assistance Grant (JAG) Award E. Appointment of Joan Soriano to the Disability Action Committee F. Contract Award to SOUND EXCAVATION, INC. for Construction of VVatershed Slides Repair; and amend the 2009 VVater Fund Capital Budget G. Approval of Easements for the "Gorst Sewerage" Project H. Approve Purchase of Easement from the MGD FAMILY liMITED PARTNERSHIP for Sewer Mains as part of the "Gorst Sewerage" Project I. Acceptance of Drinking VVater State Revolving Fund (DVVSRF) Loan from the VVashington State Department of Health for the Ultraviolet (UV) Treatment Facility Project J. Appointment of Leah VVattree to Lodging Tax Advisory Committee There were no questions or comments from the public.. . 05:44:35 M/S/C/U (Arends/VVofford) Move to approve the CONSENT AGENDA as presented. GENERAL BUSINESS 6A - RESOLUTION NO. 3096 AUTHORIZING APPLICATION TO THE WASHINGTON STATE RECREATION AND CONSERVATION OFFICE FOR A KIWANIS PARK LAND AND WATER CONSERVATION GRANT: Wyn Birkenthal, Parks & Recreation Director, explained that in August of 2008, the Parks & Recreation Department held a public meeting at Kiwanis Park to obtain neighborhood ideas for improving the facility. The department received a $40,000 Community Development Block Grant (CDBG) Grant in 2009 towards the improvements in addition to a pledge of donated cash and labor from the Bremerton Kiwanis Club. An additional $400,000 is needed to complete the renovation of Kiwanis Park. The Land and VVater Conservation Fund (LVVCF) is an appropriate grant resource for park development and renovation projects. LVVCF funding has assisted the City with similar projects including Evergreen and Blueberry Park construction. There were no comments from the public.. . 05:48:15 M/S/C/U (Runyon/Shepherd) Move to approve Resolution No. 3096 authorizing staff to make application to the VVashington State Recreation and Conservation Office for a Kiwanis Park Land and VVater Conservation Grant. COUNCIL MEMBER REPORTS Adam Brockus noted several activities that would be a part of this year's Manette Fest scheduled to be held on Saturday, September 12. Roy Runyon reiterated information about the last "Movies on the Roof" event to be held this Friday. Mike Shepherd encouraged attendance at both the Bremerton Farmers Market and the Urban Bremerton Farmers Market; and mentioned that he would be representing the State of VVashington in several track & field events at the 2009 National Senior Games in California along with Mike VValton of the Kitsap Public Facility District who is representing the State of VVashington in the shot put event. Dianne Robinson spoke more of Lillian VValker and encouraged the public to attend and help celebrate her many years of contributions to the Kitsap County community and the Civil Rights Movement. City Council Reg. Mtg. Minutes VVednesday,August5,2009 Page 3 of 3 Carol Arends was pleased to know Lillian Walker and also pleased to see that she was being recognized for her many accomplishments and all that she has done for the community. Also, mentioned were several activities taking place in the Charleston area. Will Maupin announced that he his wife Karen welcomed their first grandson on July 16th after the birth of Miles Burnside by proud parents Denise and her husband Brian. Nick Wofford thanked Fire Chief AI Duke and Police Lt. Pete Fisher for donating their time at the dunk tank at the annual Domestic Violence Picnic held last week. VVith no further business, President McConnell adjourned the Council Meeting at 5:55 PM. Pm~;Zbmilted by -~jM ~. 'SMITH - _n Q Legislative Assistant Attest: CAROL ETGEN, City Clerk CECIL McCONNELL, City Council President CM:CE:ls:cg AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5G DA TE SUBMITTED: ........................................................................................ Committee Meeting Date: NI A COUNCIL MEETING Date: -.II Ut US+- /q/ 2.009 Department: City ouncil Presenter: Cecil McConnell Council President Phone: (360) 473-5280 SUMMARY: Attached is a summary of the City Council Meeting held ftv( j lAS+- 12-, 2-009 SUBJECT: City Council Meeting Minutes for meeting of AlAjUS+ 12( :200 'f A TT ACHMENTS: Meeting Minutes for fl {,{ j t.{ S + I:L I 20 0 q FISCAL IMPACTS (Include Budgeted Amount): NI A APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: . MAYOR: Council President N/A N/A N/A COMMITTEE CHAIR COUNCIL PRESIDENT: N/A ~'t;y:.~zI CONSENT AGENDA J&l GENERAL BUSINESS D PUBLIC HEARING D RECOMMENDED MOTION: Move to approve the Consent Agenda as presented. COUNCIL ACTION: D Approve D Deny D Table D Continue D No Action DIGITAL RECORDING CITY COUNCIL STUDY SESSION MINUTES VVednesday, August 12, 2009 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Conference Room 603, of the NORM DICKS GOVERNMENT CENTER, 345 6th Street, Bremerton, VVashington, VVednesday, August 12, 2009, at 5:00 PM, with Council President Cecil McConnell presiding. Council Members present were Nick VVofford, VVill Maupin, Carol Arends, Dianne Robinson, Mike Shepherd, Roy Runyon, Adam Brockus, and Brad Gehring. Council Assistant Christine Grenier was present to provide staff support. President McConnell emphasized that the Study Session was open to the public, however 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 PLANNED - The following items are budgeted items or have been reviewed by the appropriate Council Committee; and will be placed on the next Council Meeting Agenda for action: 1. Appointment of Geoff VVentlandt to the Design Review Board - Andrea Spencer, Director of Community Development; and VVill Maupin, Chair of Public Safety, Parks, & Planning Committee Consent Agenda 2. Purchase of one Street Sweeper from OWEN EQUIPMENT COMPANY of Portland, Oregon - Jim Orton, Equipment Services Manager; and Brad Gehring, Chair of Public VVorks Committee Consent Agenda 3. Purchase of a Temporary Construction Easement from Raymond Gardner, Greg Hunt, and Joan Hunt for Pump Station SB-4 and Sewer Mains as part of the Gorst Sewerage Project - Phil VVilliams, Public VVorks & Utilities Director; and Brad Gehring, Chair of Public VVorks Committee Consent Agenda B. FULL DISCUSSION ITEMS 4. Authorize the City Attorney to hire an Assistant City Attorney I at Payband 13, Rate 6 and Prosecutor I at Payband 7, Rate 2 - Ken Bagwell, Assistant City Attorney; and VVill Maupin, Chair of Public Safety, Parks, & Planning Committee Consent Agenda 5. Proposed ordinance creating a Bremerton Harborside Revitalization Area; and repealing Ordinance No. 5052 - Gary Sexton, Redevelopment Projects Administrator; and Andy Parks, Finance Director Public Hearing C. GENERAL COUNCIL BUSINESS 1. Council Committee Chair Reports: Brad GehrinQ, Chair of Public VVorks Committee, provided an update on the Gorst Sewerage Project and provided additional information on the proposed purchase of the street sweeper. Will Maupin, Chair of Public Safety, Parks, and Planning Committee, discussed the complexities of parking enforcement relating to the use of handicap placards and hoped Council would consider updating the City's parking policy next year. Nick Wofford, Chair of the Transportation Benefit District Board, requested that there be a special meeting immediately following the Council Meeting on August 19 to appoint citizens to Pro and Con Committees to write summary statements for the November ballot initiative. City Council Study Session Minutes VVednesday,August 12, 2009 Page 2 of 2 President McConnell adjourned the Study Session at 5:52 PM. Prepared and Submitted by: I!L~ &'P/l-. ~ CHRISTINE GRENIER Council Assistant Attest: CAROL ETGEN, City Clerk CECIL McCONNELL, City Council President CM:CE:ls:cg AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5b DATE SUBMITTED: June 4, 2009 ........................................................................................ SUBJECT: Appointment to the Design Review Board Committee Meeting Date: COUNCIL MEETING Date: Department: Presenter: Phone: f( b-/ 1J 9 'II~!/)q ExecutIve MPT Cecil McConnell 473-5266 SUMMARY: Lea Duffy has resigned from the Design Review Board. It is recommended that Geoff Wentlandt be appointed to fill the vacancy. ATTACHMENTS: Application for appointment available in the Mayor's office. FISCAL IMPACTS (Include Budgeted Amount): N/A APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: ~~j/~CC~ COMMITTEE CHAIR COUNCIL PRESIDENT: ~~~t.~ CONSENT AGENDA GENERAL BUSINESS D PUBLIC HEARING D RECOMMENDED MOTION: Move to confirm the appointment of GeoffWentlandt to the Design Review Board. COUNCIL ACTION: D Approve D Deny D Table D Continue D No Action AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5E DATE SUBMITTED: ........................................................................................ SUBJECT: Replacement of street sweeper Committee Meeting Date: August 12,2009 COUNCIL MEETING Date: August 19,2009 Department: PW &U Presenter: Jim Orton, Fleet Mgr Phone: 5359 SUMMARY: The approved 2009 ERR budget shows replacement of a street sweeper. The current sweeper is a 2003 Elgin crosswind. The replacement will be a 2010 Elgin crosswind. King County has an open contract with Elgin for the Crosswind. The total cost is $231,338.09 including sales tax. The authorized dealer is Owen Equipment Company of Portland, Oregon. The replaced sweeper will be retained in the fleet and used as a backup. This replacement is fully funded through the ERR 510 fund. ATTACHMENTS: Owen Equipment option and pricing sheet and copy ofinterlocal agreement with King County FISCAL IMPACTS (Include Budgeted Amount): Vehicle replacement is fully funded through the ERR fund. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: ~~ COMMITTEE CHAIR COUNCIL PRESIDENT: ~~~~ CONSENT AGENDA GENERAL BUSINESS D PUBLIC HEARING D RECOMMENDED MOTION: Move to approve the purchase of one sweeper from Owen Equipment of Portland, Oregon in the amount of$231,338.09. COUNCIL ACTION: D Approve D Deny D Table D Continue D No Action OWEN EQUIPMENT COMPANY KING COUNTY ITB 1352-08-0LB Owen Equipment Company . King County ITB 1352-08-0LB City of Bremerton 1000 Oyster Bay Road . Bremerton. WA. . ^ Jim Orton Elgin Crosswind fSX Airport Sweeper Airport Style Pickup Head with Side Air Blast UD 3300 Chassis 240 gallons water -----,------- ..--- -- --- ~- ----- - - - - - - ----~ -- ---- --- --- -- ----- --- : . . . Non Standard OptlO~S Included in Price (With Deduction Amounts Listed) To convert to Standard Crosswind J (Replaces special pickup head 1 with standard pickup head and removes the side airblast) (6,405.00) $ (6,405.00) 1048703 Backup Alarm - Smart SA940 (245.00) $ - 1085883 RH Inspection Door & Step (441.00) $ - 1085887 6" Hopper Drain (511.00) $ - 1092227 Life Liner Hopper Sys w/Warranty (3,731.00) $ - 1086486 Aux Hydraulic Pump (745.50) $ - 0704050 JD 4045HF TR3 Parts Book (38.50) $ - 0704051 JD 4045HF TR3 OP Manual (28.00) $ - 0704052 JD 4045HF TR3 Tech Manual (122.50) $ - 0701425 J + Operators Manual TR3 (28.00) $ - 0702216 J + Parts Book TR3 (38.50) $ - 0702430 J+ Service Manual TR3 (126.00) $ - 1087729 LH 36/42" Side Broom Tilt (542.50) $ - 1087730 RH 36/42" Side Broom Tilt (542.50) $ - EW-124-3PL Crosswind 3rd Year Parts/Labor Warranty (2,166.50) $ - 1 1070059 Air Purge for Water System (213.50) $ (213.50) 1032484 25' Water Fill Hose (105.00) $ - 1061652 Anti Siphon 2-1/2" Air Gap (115.50) $ - 1086600 front Spray Bar (329.00) $ - 2200759 Debris Body Vibrator (749.00) $ - 5 sets of Extra Keys (84.00) $ - 2201218 Reflective Tape-top and sides only on rear door- makes upside down (350.00) $ - 1 First PM Filter Kit (350.00) $ (350.00) UD 3300 CHASSIS DEDUCTIONS 1 UD 3300 Chassis (67,800.00) $ (67,800.00) 1 1092182 5 year Extended Warranty (1,537.00) $ (1,537.00) 1 OF 3 OWEN EQUIPMENT COMPANY KING COUNTY ITB 1352-08-0lB 1090605 AM/FM/CD Radio (515.00) $ - 1058390 Remote Heated Mirrors (886.00) $ - 1091289 Single Air Horn (466.00) $ - 700945 Service Manual CD Rom (350.00) $ - TOTAL DEDUCTIONS $ (76,305.50) --~--------'r-- ------ -- - ---------- - -- -~~----. 1 -- - --- --~~--------. ; :' _.. Common Options J - I 1 1068972 Autolube - Sweeper Only $ 4,252.00 $ 4,252.00 1 1088335 Dual Rear Flood Lights $ 352.00 $ 352.00 1 1087829 PM-10 Water System $ 2,921.00 $ 2,921.00 1 1086456 Variable Speed Side Brooms - Dual $ 3,388.00 $ 3,388.00 1086441 Hydraulic Wandering Hose $ 3,366.00 1066340 Battery Disconnect Switch for Aux Engine $ 517.00 1059209 Hopper Deluge - Water $ 957.00 1086589 H/P Washdown $ 4,378.00 1088618 GMC T7500 Chassis (Option content may vary from UD 3300. 1 Please verify which option content to add/deduct) $ 75,340.00 $ 75,340.00 1092768 Navistar 4300 Chassis (Option content may vary from UD 3300. Please verify which option content to add/deduct) $ 66,000.00 1090466 Freightliner M2 Chassis (Option content may vary from UD 3300. Please verify which option content to add/deduct) $ 66,000.00 For Other Available Options please review Options Tab 1 1095548 Rear camera system $ 2,367.00 $ 2,367.00 1 2200651 8 each LED light package (4) rear (2) midship (2) front $ 2,752.00 $ 2,752.00 1 1075839 Additional 140 gallon water tank with catwalk $ 7,645.00 $ 7,645.00 1 1088229 Rear LED arrow board $ 1,485.00 $ 1,485.00 2 1092159 12" convex mirrors $ 160.00 $ 320.00 1 Outside push button controls for hopper and door I $ 1.00 $ 1.00 2 1081901 Spare tire and wheel Goodyear $ 957.00 $ 1,914.00 1 1057586 AD-9 Air Dryer $ 732.00 $ 732.00 1 2201219 Rear LED Strobe $ 580.00 $ 580.00 1 1070639 LED stop turn & Tail $ 535.00 $ 535.00 TOTAL ADDITIONS $ 104,584.00 Total Tag Price (Before Applicable Taxes) $ 213,018.50 Tax Rate Applicable Taxes 8.60% $ 18,319.59 Total Tag Price $ 231,338.09 Delivery per the contract is 120 days after receipt of order 2 OF 3 ~- Cooperative Purchasing Agreement @> King County Department of Executive Services Finance and Business Operations Division Procurement and Contract Services Section Exchange Building, EXC-ES-0862 821 Second Avenue, 8th Floor 206-684-16B1 TrY Relay: 711 In accordance with Chapter 39.34 RCW, King County and the City of Bremerton agree to a cooperative, governmental purchasing agreement for various equipment and su pplies using King County's competitively awarded contracts. King County therefore extends the use of its contracts to the City of Bremerton to the extent provided by law and upon the following terms: (1) The vendor(s) agree to extend to the City of Bremerton the terms and conditions of King County's contract(s). (2) The City of Bremerton accepts responsibility for compliance with any additional or varying laws and regulations governing its purchases. Any purchases by the City of Bremerton shall be effected by a purchase order,from the City of Bremerton and directed to the vendor. (3) King County accepts no responsibility for the performance of any of the purchasing contracts by the vendor. (4) King County accepts no responsibility for payment of the purchase price by the City of Bremerton. This agreement may be revoked at any time in writing by either party. Accepted for King County Accepted for: City of Bremerton Date: 6;,!; ~S- C3- J Title /4111~lL- Date: &. Ie; Ips-- / I David Leach ~J7it Procuremen anager 4/27/20054:44 PM, Coopagr1 Page 1 of 1 Lori Smith From: Carol Etgen Sent: Friday, August 07, 2009 10:56 AM To: Andy Parks; City Council Subject: FW: Replacement of Stormwtr Sweeper From: Millie Vellegas Sent: Friday, August 07, 2009 10:02 AM To: Carol Etgen Cc: Mike Mecham; Jim Orton Subject: Replacement of Stormwtr Sweeper Mike asked me to respond to your question about the funding for the new Stormwater sweeper. The 2003 Sterling Sweeper (vehicle #303) has accumulated reserves of $94,627 through the end of 2008. 2009 reserves, which will be collected, are $16,896. Jim expected to receive at least $3k when this sweeper is sold. In addition to these reserves and sale proceeds, Stormwater is budgeted to transfer $92k to the ERR fund for the purchase of the new sweeper. This brings the total funds available to $206,523. Mildred H. Vellegas, CPA PW&U Financial Manager City of Bremerton 360.473.2327 8/7/2009 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SF DATE SUBMITTED: ........................................................................................ SUBJECT: Purchase of Temporary Easement from Raymond Gardner, Greg Hunt, and Joan Hunt for Pump Station SB-4 and Sewer Mains as part of the Gorst Sewerage Project. Committee Meeting Date: August 12,2009 COUNCIL MEETING Date: August 19,2009 Department: PW &U, Engineering Presenter: Tom Knuckey / Phil Williams Phone: 473-2376! 473-5315 SUMMARY: The Gorst Sewerage Project will construct a sewer main and pump station in the vicinity of "Hunt Homes," which fronts SR 16. A temporary construction easement is needed from the Hunt Homes property to allow the City's contractor to access the property while constructing the sewer main and pump station. Compensation for the 7026 square feet (sf) of temporary easement has been negotiated at 12.5% of the $12.41/sfproperty value. Total compensation for the temporary easements is $10,899.08. ATTACHMENTS: 1. Council Summary; 2. Site and Vicinity Map; FISCAL IMPACTS (Include Budgeted Amount): The 2009 Wastewater Fund Capital Budget is $7,105,000. $1,280,000 is included in the current budget for the Gorst Sewerage Project. Cost of temporary construction easement is $10,899.08. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: COMMITTEE CHAIR COUNCIL PRESIDENT: ~~r=~ CONSENT AGENDA )s( GENERAL BUSINESS D PUBLIC HEARING D RECOMMENDED MOTION: Move to approve purchase a temporary construction easement from Mr. Raymond Gardner, Greg Hunt, and Joan Hunt in the amount of $10,899.08 (plus filing fees,). COUNCIL ACTION: D Approve D Deny D Table D Continue D No Action COUNCIL SUMMARY TEMPORARY CONSTRUCTION EASEMENT PURCHASE FOR PUMP STATION SB-4 AND COLLECTION SEWERS FOR THE GORST SEWERAGE PROJECT Contract Summary The Gorst Sewerage project will construct a sewer main and pump station adjacent to property owned by Raymond Gardner, Greg Hunt, and Joan Hunt. The property currently hous~s the "Hunt Homes" business which sells manufactured homes. The City's contractor will use portions of the Hunt Homes property for up to one year while constructing the sewer main and pump station. Typical values for temporary construction easements range from 0% to 25% of the property value. Previously, City staff and the property owners had agreed on a value of $12.41/sf for the Hunt Homes property. It was agreed the City would compensate the owners at 12.5% of the property value for the temporary construction easement. The 7026 sf easement size was therefore valued at $10,899.08. Fiscal Summary Property purchases are not eligible for funding by the grants or loans offered for the project. The 2009 Wastewater Fund budget was increased to $7,105,000 on May 20,2009 to fund the Gorst Sewerage Project. This easement is included in the projected 2009 expense for the project. Return Address: City Clerk City of Bremerton 345 6th Street, Ste. 600 Bremerton, W A 98337 AUDITOR/RECORDER'S INDEXING FORM Document Title(s): 1. Temporary Constmction Easement j Reference Number(s) of Documents assigned or released: N/A ---'Cc:c:-c:_j Grantor(s): 1. Raymond L. Gardner Jr. 2. Gregory B. Hunt 3. Joan M. Hunt - o Additional names on page 3,4,5 of document. Grantee(s): 1. The City of Bremerton o Additional names on page 2 of document. I Legal Description: A portion of the NW '!. of the SE '!., Sec. 32, T. 24N. R. 1 E., Kitsap County, W A. (abbreviated) Gladishore Garden Tracts Par. 1 Tr. 5, Par. 2 Tr. 6, Par. 3 Tr. 7, Recorded in Vol. 5, pg. 36 of Plats.. o Additional legal is on 6 of document. Assessor's Property Tax Parcel/Account Number: 4539-000-005-0106 Project Name: Gorst Sewerage Project TEMPORARY CONSTRUCTION EASEMENT Raymond L. Gardner Jr., Gregory B. Hunt and Joan M. Hunt ("Grantor"), for and in consideration of mutual benefits derived and/or other valuable consideration receipt of which is hereby acknowledged by Grantor, conveys and grants to the CITY OF BREMERTON, a Washington municipal corporation ("Grantee"), a temporary easement to be used for the purpose of constructing a Sanitary Sewer Pump Station and associated Sewer Mains, over, under, through, across and upon the following described real property parcel(s), situated in Kitsap County, Washington, more particularly described as follows: SEE EXHIBIT" A" A TT ACHED TEMPORARY CONSTRUCTION EASEMENT (Individual) - Page 1 of? "' Grantee shall have the right, without prior institution of any suit or proceeding at law, at those times as may be necessary, to enter upon the above-described properties for the purpose of constructing a Sewer Pump Station, and associated Sewer Mains, including all necessary appurtenances, without incurring any legal obligation or liability; provided, however, that the Grantee shall complete this construction in such a manner that the existing improvements in the temporary easement shall not be disturbed or destroyed or, in the event that they are disturbed or destroyed, Grantee will substantially restore such improvements and the surface of the ground. Grantee shall at all times exercise its rights under this easement in accordance with the requirements of all applicable statutes, orders, rules and regulations of any public authority having jurisdiction. Grantee accepts the easement area in its present physical condition, AS IS. Grantee does hereby release, indemnify and promise to defend and save harmless Grantor from and against any and all liability, loss, damage, expense actions and claims, including costs and reasonable attorneys' fees incurred by Grantor in connection therewith, arising directly or indirectly on account of or out of the exercise by Grantee, its servants, agents, employees and contractors of the rights granted in this easement. The Temporary Construction Easement shall be a covenant running with the land and shall bind Grantor's successors and assigns and all future owners of the real properties affected by this easement until 180 days after Grantee declares Substantial Completion of the Gorst Sewerage construction project. APPROVED AS TO FORM: ROGER A. LUBOVICH City Attorney R: \Lega1\Lega1\Forms\Easements\ Temporary Construction Easement.doc T:Gritton\Gorst Sewerl\Gardner Tempporary.doc TEMPORARY CONSTRUCTION EASEMENT (Individual) - Page 2 on GRANTOR: ' Raymond L. Gardner Jr. By: Its: DATE: STATE OF WASHINGTON ) ) ss. COUNTY OF KITSAP ) On this day of ,2009, before me a Notary Public in and for the State of Washington, personally appeared Raymond L. Gardner Jr. to me known to be the individuals(s) described in and who executed the foregoing instrument, and acknowledged that he/she/they signed the same as his/her/their free and voluntary act and deed;\for the uses and purposes therein mentioned. -Notmy Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires TEMPORARY CONSTRUCTION EASEMENT (Individual) - Page 3 of7 GRANTOR: Gregory B. Hunt By: Its: DATE: STATE OF WASHINGTON ) ) ss. COUNTY OF KITSAP ) On this day of ,2009, before me a Notary Public in and for the State of Washington, personally appeared Gregory B. Hunt to me known to be the individuals(s) described in and who executed the foregoing instrument, and acknowledged that he/she/they signed the same as his/her/their free and voluntary act and deed, for the uses and purposes therein mentioned. -Notmy Seal Must Appear Withm This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires TEMPORARY CONSTRUCTION EASEMENT (Individual) - Page 4 on GRANTOR: Joan M. Hunt By: Its: DATE: ST ATE OF WASHINGTON ) ) ss. COUNTY OF KlTSAP ) On this day of , 2009, before me aN otary Public in and for the State of Washington, personally appeared Joan M. Hunt, to me known to be the individuals(s) described in and who executed the foregoing instrument, and acknowledged that he/she/they signed the same as his/her/their free and voluntary act and deed, for the uses and purposes therein mentioned. -NoICII)' Seal Must Appear Wit/1Tn This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires TEMPORARY CONSTRUCTION EASEMENT (Individual) - Page 5 on EXHIBIT "A" Temporary Construction Easement Description for Pump Station An easement located within Tract 5 of the Plat of Gladishore Garden Tracts according to the Plat recorded in Volume 5 of Plats on Page 36 in Kitsap County, Washington described as follows: Commencing at the northwest comer of said Tract 5; thence along the north line of said Tract 5, South 88059'26" East 147.28 feet to the True Point of Beginning; thence continuing along said north line, South 88059'26" East 20.00 feet; thence South 01000'34" West 25.00 feet; thence South 88059'26" East 78.69 feet to the westerly right of way of State Highway SR 16 at an intersection with a 716.60 foot radius curve, the radius point of which bears North 70046'40" East; thence southerly along said curve and along said right of way an arc distance of26.84 feet through a central angle of 02008'44"; thence leaving said right of way, North 88059'26" West 108.44 feet; thence North 01000'34" East 50.00 feet to the true point of beginning. Temporary Construction Easement Description for Pipe Line An easement located within Tract 5 and Tract 6 of the Plat of Gladishore Garden Tracts according to the Plat recorded in Volume 5 of Plats on Page 36 in Kitsap County, Washington described as follows: Commencing at the northwest comer of said Tract 5; thence along the north line of said Tract 5, South 88059'26" East237.28 feet to the westerly right of way of State Highway SR 16 at an intersection with a 716.60 foot radius curve, the radius point of which bears North 72053'39" East; thence southerly along said curve and along said right of way an arc distance of53.31 feet through a central angle of 04015'43" to the True Point of Beginning; thence continuing southerly along said curve and along said right of way an arc distance of 6.46 feet through a central angle of 00031 '00"; thence leaving said right of way, South 20035'30" East 113.04 feet to said right of way; thence along said right of way South 01004'17" West 94.30 feet to the northerly right of way of State Highway SR 3 at an intersection with a 1482.50 foot radius curve, the radius point of which bears South 04052'51" West; thence westerly along said curve an arc distance of20.04 feet through a central angle of 00046'28"; thence North 01004'17" East 109.71 feet to an intersection with a 736.60 foot radius curve, the radius point of which bears North 61006' 12" East; thence northerly along said curve an arc distance 105.00 feet thrQugh a central angle of 08010'03"; thence South 88059'26" East 21.58 feet to the true point of beginning. TEMPORARY CONSTRUCTION EASEMENT (Individual) - Page 6 of 7 EXHIBIT "A" cont. NORTHWEST CORNER OF TRACT 5 4 N01000'34"E 25.00' --- oc.,'S?,90fj;. - - ~1'r -;....... - - - S88059'26"E 147.28' TRUE POINT OF BEGINNING N01000'34"E 50.00' PROPOSEDTEMPORAR~ CONSTRUCTION EASEMENT FOR PUMP STATION L'1=02008'44" R=716.60' L=26.84' S88059'26"E 21.58' L'1=00031 '00" R=716.60' L=6.46' ~ .> c5' L'1=08010'03" R=736.60' L=105.00' 6 PROPOSED TEMPORARY CONSTRUCTION EASEMENT FOR PIPE LINE 7 SR3 L'1=00046'28" R=1482.50 L=20.04' Parametrlx 4} DATE: Jul08, 2009 FILE: BR1896085-F21 o I 50 I Temporary Construction Easements Across Hunt/Gardner Properties SCALE IN FEET TEMPORARY CONSTRUCTION EASEMENT (Individual) - Page 7 of 7 AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5~ DATE SUBMITTED: July 30,2009 ........................................................................................ SUBJECT: Assistant City Attorney 1 and Prosecutor 1 Positions Committee Meeting Date: COUNCIL MEETING Date: Department: Presenter: Phone: /JUliUS' /~ :;"009 August /9, 2009' City Attorney's Office Roger A. Lubovich 473-2345 SUMMARY: The City Attorney's Office is transitioning prosecution in-house. The prosecutors selected to staff the office are both seasoned attorneys. The individual selected for the Assistant City Attorney 1 position has six years experience handling prosecution cases. Staff is requesting authorization to hire the Assistant City Attorney 1 position at Payband 13, Rate 6 and the Prosecutor 1 position at Payband 7, Rate 2. ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount): The City Attorney's Office 2009 budget contains adequate funds to fund these positions. APPROVALS: DEP ARTMENT DIRECTOR:. CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: COMMITTEE CHAIR COUNCIL PRESIDENT: CONSENT AGENDA GENERAL BUSINESS 0 PUBLIC HEARING 0 RECOMMENDED MOTION: Move to authorize the City Attorney to hire an Assistant City Attorney 1 at Payband 13, Rate 6 and a Prosecutor 1 at Payband 7)Rate 2. COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action AGENDA BILL CITY OF BREMERTON CITY COUNCIL I~~- . 17A , _I DATE SUBMITTED: · · · · .. · · .. · · · · · · · iJ 0 ~ · S ;'.8 fr · · · · · .. · · .-.. · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · .. · · · · · · · · SUBJECT: Ordinance creating Bremerton Committee Meeting Date: August 12,2009 Harborside Revitalization Area and Repeal of Ordinance 5052 COUNCIL MEETING Date: August 19,2009 Department: Econ. Development Presenter: Gary Sexton Phone: 360-473-5282 SUMMARY: The creation of a new revitalization area under Substitute Senate Bill 5045 in order to utilize the Local Revitalization Funds within that Bill to implement the proposed following projects: parking structure of approximately 175 spaces with a platform for retail development at Burwell and Park Streets, sidewalk improvements on Pacific A venue between Burwell and 5th Streets, street and sidewalk improvements on Pacific between 6th and 11 th Streets and added street and sidewalk improvements and other public open space improvements. ATTACHMENTS: Ordinance, copies of notices, map of proposed Revitalization Area FISCAL IMPACTS (Include Budgeted Amount): The proposed revitalization area includes a funding commitment that was included in the state legislation in the amount of up to $330k per year. There is a requirement for a local match of an equal or greater amount. The local match can include federal funds. Therefore, the proposed boundary has been modified to include Pacific Avenue to 11 th Street to utilize the $3 million Federal Surface Transportation Program funding commitment as a portion of the local match requirement. The projected incremental local sales and property taxes from the project are approximately $116k per year. The combined federal and local dollars are anticipated to be sufficient to match the State's commitment. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: k<~ COMMITTEE CHAIR COUNCIL PRESIDENT: CONSENT AGENDA D GENERAL BUSINESS D PUBLIC HEARING RECOMMENDED MOTION: -8taff-reGommel'uh applovtH 6f the 8H;liujW~e ail pn~s8Rted. N\ 0 V e. --t"!> o.p~roVe....- 0 nL:v\c\'Vl~ . _ _t No- 50gB C--f"....eo..t\V\.q Bre..W\erf1::1h Ho.rbo'f"Srd-L- Rev~+a.liZ-Gt..tloYl AY"'e.O-j ~ Re..peaJ O~Vt~~ No, 5052,. COUNCIL ACTION: D Approve D Deny D Table D Continue D No Action .. ORDINANCE NO. 50BB AN ORDINANCE of the City Council of the City of Bremerton, Washington, creating a Revitalization Area to be known as the Bremerton Harborside Revitalization Area pursuant to Chapter 270, laws of 2009 (Local Revitalization Financing) and repealing Ordinance No. 5052 creating the Bremerton Harborside Revenue Development Area (RDA). WHEREAS, Chapter 270, laws of2009 (the "Act") provided that a sponsoring local government may create a Revitalization Area within which certain specified public improvements may be financed through the allocation of certain tax revenues which increase within the area; and WHEREAS, increased local sales/use tax revenues and property tax revenues generated from within the revitalization area, as well as additional funds from other local public sources; and a local sales/use tax that is credited against the state tax may be used for the payment of bonds which are issued to finance improvements within a Revitalization Area; and WHEREAS, the City of Bremerton adopted by Ordinance No. 5034 a Downtown Regional Center Sub-Area Plan on December 19,2007 which provides a long term, coordinated plan to help direct decision making affecting the ongoing revitalization and regeneration of Bremerton's downtown area. The Sub-Area Plan supports, implements, and has been formally incbrporated into, the City's adopted Comprehensive Plan; and WHEREAS, redeveloping and revitalizing downtown Bremerton promotes community and economic development. Public investment stimulates business activity and helps create jobs, stimulate the redevelopment of blighted areas in the downtown harborside area, lowers the cost of housing and promotes efficient land use. WHEREAS, a Revitalization Area would provide significant assistance in carrying out the revitalization of downtown Bremerton and implementation of the recently adopted Downtown Regional Center Sub-Area Plan; and WHEREAS, the Act requires the City to create a Revitalization Area, subject to provisions of the Act, to qualify for a state contribution per project up to a total amount of $500,000.00 dollars per year; and WHEREAS, the Act designates the City as one of seven demonstration projects in 2009 for approval by the Department of Revenue in an amount not to exceed $330,000.00 per year; and 1 Bremerton Harborside Revitalization Area WHEREAS, in order to create a Revitalization Area, a sponsoring local government must adopt an ordinance consistent with the requirements of Section 104 the Act; and WHEREAS, pursuant to Section 105 of the Act, no revitalization area may have within its geographic boundaries any part of a revenue development area created under chapter 2839.102 RCW; and WHEREAS, on June 4, 2008, the City passed Ordinance No. 5052 creating an RDA, however, the City's proposed projects did not receive financing under this program and therefore the RDA created pursuant to Ordinance No. 5052 must or repealed to comply with this requirement; and WHEREAS, prior to passage of this ordinance, the City Council held a public hearing on August 19, 2009 of which was published in the Kitsap Sun, the legal newspaper of general circulation within the proposed Revitalization Area, at least ten days before the public hearing, and notice of which was posted in at least six conspicuous places located in the proposed Revitalization Area, a copy of which form of noticed is attached as Exhibit A; and WHEREAS, notice in the form attached as Exhibit B was sent by United States mail to all taxing districts and local governments with geographic boundaries within the proposed revitalization area of the City's intent to create a revitalization area Act, incorporated herein by reference. Such notices was sent at least thirty days prior to the public hearing and included the information as required in Section 104 of the Act as evidenced by affidavits of mailing also attached as Exhibit B; and WHEREAS, a certified copy of the proposed form of this ordinance was delivered to the Kitsap County Treasurer, the governing body of each participating taxing authority and participating taxing district within which the revitalization area is located, and the Department of Revenue. WHEREAS, the City Council has heard testimony at the public hearing and carefully considered the comments and opinions presented; and WHEREAS, the City Council finds that this Ordinance complies with the Act and that the creation of a Revitalization Area there under is in the best interest of the City of Bremerton and it's citizens; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Incorvoration of Recitals and Exhibits. The recitals set forth above are incorporated herein by reference as if set forth in this section in full. All Exhibits to this ordinance are incorporated herein by reference. SECTION 2. RevealofRDA Boundaries. Ordinance No. 5052 is hereby repealed. 2 Bremerton Harborside Revitalization Area Bremerton Harborside Revitalization Area. Specifically, the City Council finds and determines that: (a) The Public Improvements are expected to stimulate business activity and help create jobs, stimulate the redevelopment of blighted areas in the downtown and Harborside area, lower the cost of housing and promote efficient land use as well as encourage private development and increase property values within the Bremerton Harborside Revitalization Area. (b) The City has received letters of intent from private developers that plan to undertake private improvements on the site and within the Bremerton Harborside Revitalization Area. The agreement is between the City of Bremerton and Opus NW along with the anticipated LLP partners and property developers within the Bremerton Harborside Revitalization Area and surrounding area. (c) Private development that is anticipated to occur within the Bremerton Harborside Revitalization Area, as a result of the public improvements will be consistent with the countywide planning policy adopted by Kitsap County under RCW 36.70A.210 and the City Comprehensive Plan and development regulations adopted under Chapter 36.70A RCW; (d) No funds will be used to finance, design, acquire, construct, equip, operate, maintain, remodel, repair, or reequip public facilities funded with taxes collected under RCW 82.14.048 or RCW 82.14.390; (e) The local infrastructure financing with respect to the Bremerton Harborside Revitalization Area; (i) is not expected to be used for the purpose of relocating a business from outside the Revitalization Area but within Washington State, into the Revitalization Area unless convincing evidence is provided that the firm being relocated would otherwise leave the state; (ii) will improve the viability of existing business entities within the Bremerton Harborside Revitalization Area; and (iii) will only be used in the Bremerton Harborside Revitalization Area, which is an area deemed by the City to be in need of economic development or redevelopment and is within City boundaries and absent the financing available under this chapter and sections 601 and 602 of this act the proposed economic development or redevelopment would more than likely not occur; (f) The Public Improvements are reasonably likely to; ( i) increase private residential and commercial investment with the Bremerton Harborside Revitalization Area; ( ii) increase employment with in the Bremerton Harborside Revitalization Area; and ( iii) generate, over the period of time that local option sales and use taxes will be imposed under Section 601 ofthe Act, state excise tax allocation revenues and state property tax allocation revenues (as defined in the Act) derived from the Bremerton Harhorside Revitalization Area that are equal to or greater than the respective state contributions made under the Act; and . '. SECTION 12. General Authorization. The Mayor and other appropriate City officers are each hereby authorized and directed to do such things as may be necessary and appropriate in order to carry out the terms and provisions of, and complete the transactions . contemplated by, this ordinance. 4 Bremerton Harhorside Revitalization Area . .' . SECTION 3. Description of Public Improvements. The public improvements currently proposed to be made in the Bremerton Harborside Revitalization Area include but are not limited to: a parking structure of approximately 175 parking spaces with a platform on top of the structure for a retail development, street and sidewalk improvements on Pacific Avenue between Burwell Street and 5th Street, and 6th Street and 11 th Street, and other street and sidewalk improvements and other public "open space" improvements within the Revitalization Area. Private development on the parking plaza and adjacent retail plaza contemplates a mixture of retail uses including food services, specialty retail, entertainment, wine bar and possible multiple stadium seating theatre. Total retail square footage will likely range between 45,000 and 80,000 square feet. The improvements and expenditures will additionally include professional management as authorized by the Act, promote revitalization in the revitalization area and provide maintenance and security. SECTION 4. Descriotion of Bremerton Harborside Revitalization Area Boundaries. The City Council hereby adopts that area the boundaries of the Bremerton Harborside Revitalization Area as depicted in Exhibit C. SECTION 5. Estimates of Cost. The current estimated cost of the Public Improvements is approxImately $11.0 million in 2009 dollars, and the current estimate for private development on the site is between $10.0 million and $16.0 million. SECTION 6. Time of Tax and Revenue Collection. The estimated time during which local excise tax allocation revenues, local property tax allocation revenues, and other revenues from local public sources to be used as part of the local infrastructure financing for the Bremerton Harborside RDA is 25 years after the local option sales tax (which is credited against the state sales tax) is first imposed. SECTION 7. Date for Commencement of Use of Revenues. City use of local property tax allocation revenues with respect to the BremertonHarborside Revitalization Area is anticipated to commence on January 1, 2010. SECTION 8. Taxing Districts. The taxing districts that have not adopted an ordinance as described in section 106 of the Act to be removed as a participating taxing district is set forth in Exhibit D. SECTION 9. Anticioated Rate of Sales and Use Tax imposed. The anticipated rate of sales and use tax under section 601 of this act that the city will impose if awarded a state contribution under section 401 ofthis act is .051%. SECTION 10. Date Criteria for Sales and Use Tax met. The anticipated date when the criteria for the sales and use tax in section 601 of this act will be met and the anticipated date when the sales and use tax in section 601 ofthis act will be imposed is September 1, 2012. SECTION 11. Findings Required bv Section 103 of the Act. The City Council finds and determines that the conditions of Section 103 of the Act are met with respect to the 3 Bremerton Harborside Revitalization Area Bremerton Harborside Revitalization Area. Specifically, the City Council finds and determines that: (a) The Public Improvements are expected to stimulate business activity and help create jobs, stimulate the redevelopment of blighted areas in the downtown and Harborside area, lower the cost of housing and promote efficient land use as well as encourage private development and increase property values within the Bremerton Harborside Revitalization Area. (b) The City has received letters of intent from private developers that plan to undertake private improvements on the site and within the Bremerton Harborside Revitalization Area. The agreement is between the City of Bremerton and Opus NW along with the anticipated LLP partners and property developers within the Bremerton Harborside Revitalization Area and surrounding area. (c) Private development that is anticipated to occur within the Bremerton Harborside Revitalization Area, as a result of the public improvements will be consistent with the countywide planning policy adopted by Kitsap County under RCW 36. 70A.21 0 and the City Comprehensive Plan and development regulations adopted under Chapter 36.70A RCW; (d) No funds will be used to finance, design, acquire, construct, equip, operate, maintain, remodel, repair, or reequip public facilities funded with taxes collected under RCW 82.14.048 or RCW 82.14.390; (e) The local infrastructure financing with respect to the Bremerton Harborside Revitalization Area; (i) is not expected to be used for the purpose of relocating a business from outside the Revitalization Area but within Washington State, into the Revitalization Area unless convincing evidence is provided that the firm being relocated would otherwise leave the state; (ii) will improve the viability of existing business entities within the Bremerton Harborside Revitalization Area; and (iii) will only be used in the Bremerton Harborside Revitalization Area, which is an area deemed by the City to be in need of economic development or redevelopment and is within City boundaries and absent the financing available under this chapter and sections 601 and 602 of this act the proposed economic development or redevelopment would more than likely not occur; (f) The Public Improvements are reasonably likely to; ( i) increase private residential and commercial investment with the Bremerton Harborside Revitalization Area; ( ii) increase employment with in the Bremerton Harborside Revitalization Area; and ( iii) generate, over the period of time that local option sales and use taxes will be imposed under Section 601 of the Act, state excise tax allocation revenues and state property tax allocation revenues (as defined in the Act) derived from the Bremerton Harborside Revitalization Area that are equal to or greater than the respective state contributions made under the Act; and SECTION 12. General Authorization. The Mayor and other appropriate City officers are each hereby authorized and directed to do such things as may be necessary and appropriate in order to carry out the terms and provisions of, and complete the transactions contemplated by, this ordinance. 4 Bremerton Harborside Revitalization Area SECTION 13. Severabilitv. If anyone or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 14. 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 ,2009 CECIL McCONNELL, Council President Approved this day of , 2009 CECIL McCONNELL, Mayor Pro Tern ATTEST: APPROVED AS TO FORM: CAROL ETGEN, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the EFFECTIVE the ORDINANCE NO. day of day of ,2009 , 2009 R:\Legal\Legal\Files\Current Active Files\Local Revitalization Financing.doc 5 Bremerton Harborside Revitalization Area Ex~ ,. b; fA, Notice of Public Hearing Intent to Create a Revitalization Area Pursuant to Substitute Senate Bill 5045 The City of Bremerton will hold a public hearing to receive public comment related to the creation of a Revitalization Area on August 19, 2009, which is the earliest date on which the City intends to adopt an ordinance creating the Revitalization Area. The public hearing will be held in the City ofBremerton City Council chambers located at 345 6th Street, Bremerton at 5:30 p.m. The City intends to form a revitalization area under the provisions of Substitute Senate Bill 5045 (the "Act"), to be known as the "Bremerton Harborside Revitalization Area". The Act does not increase taxes to citizens-it merely reallocates the incremental increases in existing taxes that result from the improvements planned in the Revitalization Area. The contemplated improvements in the Revitalization Area, and the estimated costs, include but are not limited to the following: a parking structure of approximately 175 parking spaces with a platform on top of the structure for a retail development to be located at the northeast comer of Burwell Street and Park Street (approximately $6.0 million), street and sidewalk improvements on Pacific Avenue between Burwell Street and 5th Street (approximately $750,000), street and sidewalk improvements on Pacific Avenue between 6th Street and 11 th Street (approximately $3.5 million). Additionally, street and sidewalk improvements and other public "open space" improvements within the Revitalization Area may be completed if adequate funding is available. The estimated portion of the costs of the public improvements to be borne by local revitalization financing is estimated to be about $13.0 million, approximately $5.5 million of which is expected to be funded by a state contribution under the act. Other sources of funding include but are not limited to Federal Surface Transportation Program funds (approximately $3.0 million) and Downtown Project funding (approximately $400,000). The act requires that the state contribution be used to repay bonds. Therefore, the City anticipates issuing approximately $5.5 million of bonds to be repaid with the state contribution, and the maximum amount of bonds that may be issued and repaid with local revitalization financing is not more than $13.0 million. The boundaries of the proposed Revitalization Area are shown on the attached map. The legal description is as follows: From the southeastern most comer of public right-of-way at the Pacific Avenue and Burwell Street intersection, extending west to the Southwestern most comer of public right-of-way at the intersection of Warren Avenue and Burwell Street, extending north to the northwestern most comer of public right-of-way at the intersection of Warren Avenue and 5th Street, extending east to the alley on the west side of the Admiral Theatre, extending north along the Admiral Theatre property line, then west to the western boundary of the private parking lot, then north through 6th Street to northern most boundary of public right-of-way on 7th Street, extending east to the alley located west of the properties located on the west side of Pacific Avenue, then north along the alley to the northern most boundary of public right-of- way on 11 th Street, extending east to the northeastern most boundary of public right-of-way at the intersection of 11th Street and Pacific Avenue, then extending south along the eastern edge of public right- of-way on Pacific A venue to the Southeastern comer of Burwell Street and Pacific Avenue.. The City estimates utilizing local revitalization financing in the Revitalization Area for up to twenty-five years after the local option sales tax (which is credited against the state sales tax) is first imposed. For additional information you may contact Andy Parks, Director of Financial Services, City of Bremerton, at 360.473.5722 or andy.parks@ci.bremerton.wa.us. BREMERTON FORM lRF TO NOTICE.DOC Cx:tl .. h,' f IS CERTIFICATION OF MAILING I, Cherie Henry, Deputy City Clerk in the City Clerk's Office of the City ofBremerton, do hereby certify that on the 13th day of July, 2009, I placed a Notice of Public Hearing - Intent to Create a Revitalization Area, in a United States Mailbox for collection and delivery by the postal authorities to the following: Cary Bozeman, Chief Executive Officer Port of Bremerton 8850 SW State Hwy #3 Port Orchard, W A 98367 Department of Revenue Attn: Moo Gearhard, Tax Specialist P.O. Box 47476 Olympia, WA 98504-7476 Kitsap County Treasurer Attn: Barabara Stephenson, Treasurer 614 Division Street, MS-32 Port Orchard, W A 98366 Bremerton School District Attn: Lester Herndon, Superintendent 134 Marion Avenue N Bremerto~ Washington 98312 Kitsap Regional Library Attn: Jill Jean, Library Director Administrative Offices 1301 Sylvan Way Bremerton, WA 98310 Kitsap Public Utility District Attn: David Siburg, General Manager 1431 NW Finn Hill Rd POBox 1989 Poulsbo, WA 98370 DATED at Bremerton, Washington this 13th day of July, 2009. CIu~J~/YIAJ.I. Cherie Henry . ~ Deputy City Clerk fx:.~: /,. +- e CERTIFICATION OF MAILING I, Cherie Henry. Deputy City Clerk in the City Clerk's Office of the City ofBremerton, do hereby certify that on the 16th day of July, 2009, I placed a Notice of Public Hearing - Intent to Create a Revitalization Area, in a United States Mailbox for collection and delivery by the postal authorities to the following: Kitsap Transit Attn: Richard Hayes, Executive Director 60 W ashington Avenue, Suite 200 Bremerton, W A 98337 Kitsap County Attn: Nancy Buonanno Grennan, County Administrator 614 Division Street, MS-4 Port Orchard, W A 98366 Kitsap Board of Commissioners Attn: Charlotte Garrido, Chair 614 Division Street, MS-4 Port Orchard, W A 98366 DATED at Bremerton, Washington this 16th day of July, 2009. CAJA~~~c0/YLL1 ~ Cherie Henry {/ 1 Deputy City Clerk E r:f",~." h 1"+ (5 DEPARTMENT OF FINANCIAL SERVICES July 28, 2009 Cary Bozeman, Chief Executive Officer Port ofBremerton 8850 SW State Highway #3 Port Orchard, Washington 98367 Re: Supplemental Notice of Public Hearing - Intent to Create a Revitalization Area Dear Mr. Bozeman: By Notice dated July 10, 2009, the City ofBremerton provided you with notice that the City Council of the City of Bremerton, Washington, intends to create the Bremerton Harborside Revitalization Area pursuant to Chapter 270, laws of2009 (Local Revitalization Financing Act). The Council will hold a public hearing August 19, 2009 at 5:30 pm in the Council Chambers located at the Norm Dicks Government Center, 345 6th Street, Bremerton, Washington to receive testimony on the creation of the revitalization area. The purpose of this Supplemental Notice is to inform you that in connection with the revitalization area, the City intends to incur general indebtedness, and issue up to $11 million of general obligation bonds, to finance the public improvements within the Revitalization Area, and retire the indebtedness in whole or in part from local revitalization financing it receives, all as permitted by the Local Revitalization Financing Act). If you have questions or comments or would like to mail a copy of an ordinance adopted by your agency under sections 105 and 106 of the Local Revitalization Financing Act please use the following contact information. You can obtain additional information from the Department of Revenue website at http://dor . wa. gov/ content! doingbusiness/localrevitalizationfinancing.aspx: \ Sincerely, A-. ~ ~~ A. Andrew Parks Director of Financial Services 345 6th Street, Suite 600 Bremerton, Washington 98337-1873 360.473.5722 andv.parks@ci.bremerton.wa.us Bremerton Harborside Revitalization Area Legend c:J Revitalization Area This map was developed for general land use planning purposes. The user of this map must assume responsibility for determining its suitability for other purposes. Map created: July 20, 2009 :: Author: Lindsey Sehmel