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Home My WebLink About08/03/2011 AGENDA CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 ❑ Phone (360) 473 -5280 AUGUST 3, 2011 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 PUBLIC RECOGNITION 5 CONSENT AGENDA A Claims & Check Register B Minutes of Meeting —July 20, 2011 C Minutes of Special Meeting — July 22, 2011 D Minutes of Study Session — July 27, 2011 E Agreement to Release Interest with the Port of Bremerton to release the right to relocate Barney White Road F Purchase Art Chalk to be used for the 2011 Blackberry Festival Sidewalk Art Contest G Ordinance No 5156 amending Chapter 3 12 060 of the Bremerton Municipal Code (BMC) titled "Authorized Expenditures from Arts Fund" H Ordinance No 5154 amending several Chapters of the Bremerton Municipal Code (BMC) to make various code reference corrections and updates 6 PUBLIC HEARING(S) A Public Hearing and Ordinance No 5157 approving and authorizing termination of the Development Agreement with Port Blakely Tree Farms (Limited Partnership) 7 GENERAL BUSINESS A Ordinance No 5158 amending Chapter 5 16 of the Bremerton Municipal Code (BMC) titled "Temporary Merchants, Peddlers and Mobile Food Vendors" B Agreement with Prothman, Co for Interim Public Works Director 8 COUNCIL MEMBER REPORTS 9 ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING ® Amencans with Disabilities Act (ADA) accommodations provided upon request Those requinng special accommodations should contact the City Clerk's Office at (360) 473 -5323 by noon on the Monday preceding the Council meeting BREMERTON CITY COUNCIL MEETING SPEAKERS LIST PLEASE PRINT YOUR NAME BELOW IF YOU WISH YOUR COMMENTS TO BE INCLUDED IN THE RECORD REQUESTS FOR INFORMATION MUST BE SUBMITTED IN WRITING TO THE CLERK THANK YOU AGENDA BILL CITY OF BREMERTON CITY COUNCIL •■ rrrrr��rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr�r�r�rr��rrrrrrrrrrrr SUBJECT: Claims & Check Register Study Session Date COUNCIL MEETING Date August 3, 2011 Department Financial Services Presenter Cathy Johnson Phone 473 -5296 SUMMARY: Consent Agenda item Approval of checks and electronic fund transfers ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount) APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR RECOMMENDED MOTION: 1) Check #'s 344167 through 344371 and EFT's 11069 through 11115 in the amount of $11,379,425 60 2) Regular Payroll for the pay penod ending July 15, 2011 in the amount of $48,566 96 3) Regular Payroll for the pay penod ending July 31, 2011 in the amount of $718,125 75 4) Retiree Payroll for the pay period ending July 31, 2011 in the amount of $77,600 00 STUDY SESSION ACTION: ® Con sprit Agenda ❑ General Business ❑ Public Hearing COUNCIL PRESIDENT COUNCIL ACTION: ® Approve ❑ Deny ❑ Ta e ❑ Continue ❑ No Action Form Updated 4118!2011 AGENDA BILL CITY OF BREMERTON CITY COUNCIL 59) ■■ ee soma seeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee anon SOON son eeeeeeeeeeeeeeeeeeeeeeel —SUBJECT:-- City _Council-Meeting -Minutes - -- - -- - - -- - -- For meeting of COUNCIL MEETING Date Am us - � f' Department City Council �V Y � O Presenter Will Maupm, President Phone (360) 473 -5280 SUMMARY: Attached is a summary of the City Council Meeting ATTACHMENTS: Meeting Minutes FISCAL IMPACTS: N/A APPROVALS: N/A RECOMMENDED MOTION: Move to approve the Consent Agenda as presented STUDY SESSION ACTION: V Consent A ends ❑ General Business ❑ Public Hearing COUNCIL PRESIDENT COUNCIL ACTION: ❑ Approve ❑ Deny EfTable ❑ Continue ❑ No Action Form Updated 4/18/2011 DIGITAL RECORDING CITY COUNCIL MEETING MINUTES July 20, 2011 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, Washington, Wednesday, July 20, 2011, at 5 00 PM, with Council President Will Maupin presiding - - -- Council- Members - present were Nick Wofford, Carol Arends,- Dianne Robinson, Greg Wheeler, -Roy -- — Runyon, Adam Brockus, Cecil McConnell, and Jim McDonald City Attorney Roger Lubovich, City Clerk Carol Etgen, and Legislative Assistant Lori Smith were present to provide staff support A COUNCIL BRIEFING was then held to discuss General Council Business at 5 00 PM in the Council Conference Room At 5 30 PM the meeting moved to the Meeting Chambers The Pledge of Allegiance was led by Council Member Jim McDonald followed by the invocation provided by Reverend Paul Meeker of Our Saviour's Lutheran Church MAYOR'S REPORT – Mayor Lent • Presented a Mayor's Appreciation Award to 13 year old Justice Heagy for successfully taking control of a vehicle and guiding it to safety when her mom had a seizure while driving over the Warren Avenue Bridge, Fire Chief Al Duke added that it was amazing that Justice had the wisdom and calmness to react so well under these circumstances, • Invited Frank Horton to report on the USGA JuniorAmateur Golf Championship currently being held at Gold Mountain Golf Course until this Friday, • Introduced Yvonne Kraus to discuss "RePower Kitsap ", a community -wide program that assists home - owners in saving energy and reducing costs, and will soon be coming to Bremerton, also, Michael Croston one of the Independent PSE- Qualified Specialists provided further details of the assessments, • Was pleased to announce WinCo Foods, a warehouse - style, low price grocery store would be locating in the new Bay Vista housing development, • Announced that the Annual West Sound Safety & Health Expo will be held at the Kitsap Conference Center and along the Boardwalk on August 10 & 11, • Introduced Dawn Nelson the City's Municipal Court Administrator, who was pleased to announce several members of the Bremerton Hurricanes Roller Hockey Club were selected to the National all -star team • Encouraged people to attend Bremerton Brewfest downtown on Saturday, • Discussed a panel that was being organized to participate in a Community Meeting scheduled on Monday, August 15 from 6 30 to 8 00 PM in the Chambers of the Norm Dicks Government Center to present the pros and cons of having a methadone clinic, and • Introduced Allysia Lynhart designer of the Freedom Heroes Flag, and Holly James explained what the flag represented For more details go to www freedomheroesflagusa com PUBLIC RECOGNITION Carl & Sally Gliver Great American Furniture, Todd Best Real Estate Developer, Robert Parker The Printer People, Inc, Alyssa Miller Pied Piper's Emporium, Angela Perryman Claywerks, Darren Stralev 76 Gas Station, Dixie Armfield- Rogerson Eastern Wind Glass / Claywerks, Justin Fell Andy Graham McCloud's Grill House, Don Stauff Boston's Deli & Pizza, Howard Froggatt Clifford's Auto Body, Michael Allen Kitsap Key & Bike Shop, Faye Flemister Unique Experience, and Brock Jackley Dave's Loans & Guns, expressed their opposition to locating a methadone clinic near Callow Avenue and the Charleston Business district due to the potentially negative impact to their neighborhood and the local businesses, and lack of City resources to address the issues that this type of clinic produces as seen in other communities like Seattle City Council Meeting Minutes Wednesday, July 20, 2011 Page 2 of 5 Monty Levine discussed a syringe exchange program he has operated for a number of years, and was adamant that Bremerton can't afford to not have a methadone clinic, emphasized that by providing medicine, the clinic allows people to get their lives back and to be able to work, and disagreed about the impact to the community since the clinic typically is open during early morning hours, prior to-regular businesses being-open CONSENT AGENDA A Check Numbers 343897 through 344166, and EFT -11031 through EFT -11068 in the amount of $2,340,247 20, and Regular Payroll for the pay period ending July 15, 2011 in the amount of $741,68068 B Minutes of Meeting — July 6, 2011 C Minutes of Study Session — July 13, 2011 D Resolution No 3149 establishing September 7, 2011 as a Hearing Date to vacate portions of alleys between Hewitt & Veneta Avenues and 4th & 5 Streets (as part of the redevelopment of Kiwanis Park) E Construction Contract with STAN PALMER CONSTRUCTION for Sewage Pump Station CE -1 Upgrade Project F Goods & Services Contract with PUMP TECH, INC for Pumping Equipment Procurement for the Sewage Pump Station CE -1 Upgrade Project G Professional Services Agreement with BREMERTON DEFENDERS for Legal Representation for Indigent Persons H Public Works Agreement with DAHL CONSTRUCTION COMPANY, INC for electrical utilities trenching work for the Park Avenue Plaza Phase II Project 06:28:20 M /S /C /U (Arends /Runyon) Move to approve the CONSENT AGENDA as presented GENERAL BUSINESS 7A — PUGET SOUND ENERGY (PSE) FACILITY RELOCATION AGREEMENT (PARK AVENUE BETWEEN 4 T11 & BURWELL STREETS) AND SITE EASEMENT AGREEMENT FOR THE PARK AVENUE PLAZA PHASE II PROJECT Gary Sexton Executive Department, explained that the Puget Sound Energy (PSE) transformers and switch relocation, and partial undergroundmg pursuant to the Faculty Relocation Agreement Is necessary to create retail and public space on the southeast section of Park Avenue north of Burwell PSE relocation cost is estimated at $159,099 08 (Attachment A) Relocation Is to new easement location on northwest side of Park Avenue south of 4 Street pursuant to the Easement Agreement (Attachment B) pursuant to the PSE design (Attachment C) The relocation is also the first leg of the United Way utility undergrounding The exact legal description will be subsequently attached "as built" and recorded in conjunction with release of the current/existing PSE easement 06:39:23 Motion to approve the agreements was made by Wofford, and seconded by Wheeler There were no comments from the public Discussion was then opened to the Council for their questions and comments Mr. McConnell asked if the current easement will be vacated back to the City after the project is completed Mr Sexton answered yes 06:40 M /S /C /U (Wofford/Wheeler) Move that the City approve and confirm the Park Avenue (between 4 th Street and Burwell Street) Puget Sound Energy (PSE) Facility Relocation Agreement City Council Meeting Minutes Wednesday, July 20, 2011 Page 3of5 and the Site Relocation Easement, and authorize the Mayor to finalize and execute the agreement as approved by the City Attorney with substantially the same terms and conditions as presented 71B — PROFESSIONAL SERVICES AGREEMENT WITH LORAX PARTNERS, LLC FOR DESIGN, MANAGEMENT AND CONSTRUCTION OVERSIGHT FOR PARK AVENUE PLAZA PHASE H —A PROJECT Gary Sexton Executive Department, summarized that this agreement includes professional management services for the design, construction, and management of the Phase II -A work including but not limited to undergrounding of pump station at the SE corner of Burwell & Park Avenue, relocation of transformers and other utilities as defined, alley elevation modification, parking garage cladding, pedestrian and vehicle surface amenities, etc 06 Motion to approve the agreement was made by Robinson, and seconded by Arends There were no comments from the public, and no comments or questions from the Council 06:44:10 M /S /C /U (Robinson / Arends) Move that the City approve the Professional Services (Project Management) Agreement Phase II -A with Lorax Partners, LLC, and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented 7C — PROFESSIONAL SERVICES AGREEMENT WITH LORAX PARTNERS, LLC FOR DESIGN, MANAGEMENT, AND CONSTRUCTION OVERSIGHT FOR PARK AVENUE PLAZA PHASE II —B PROJECT Gary Sexton Executive Department, emphasized that this agreement is for professional management services for the design, construction, and management of Phase II -B work including but not limited to 4th Street pedestrian amenities and intersection design, streetscapmg, vehicle plug -ins, site landscape, and others as defined in the scope of work 06.44.46 Motion to approve the professional services agreement was made by Runyon, and seconded by Wofford There were no comments from the public Discussion was then opened to the Council for their questions and comments Mr Runyon asked for assurance that a public process would be provided for the next phase Mr. Sexton assured him that yes there will public process for the next part of the project which will include 1) the 4 th Street alley area and storm drain system, and 2) the design of 4 th Street itself Mr Wheeler asked if there would be public outreach Mr Sexton indicated that Council will receive the initial design, and then the Council may decide how to proceed with the public outreach 06:47.55 M /S /C /U (Runyon/Wofford) Move that the City approve the Professional Services (Project Management) Agreement Phase H -B with Lorax Partners, LLC, and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented 7D — AMENDMENT TO THE LICENSE AGREEMENT WITH BREMERTON FARMER'S MARKET FOR USE OF A PORTION OF THE LOUIS MENTOR BOARDWALK Jeff Elevado Parks & Recreation Department, explained that the non - profit Bremerton Farmer's Market is currently licensed to use a portion of Evergreen Rotary Park on Thursday afternoons from 2 00 to 8 00 PM from May to October of each year for the sale of farm produce, art, crafts, and prepared food items There is a desire to add an additional day and location to the market This amendment would authorize the Bremerton Farmer's Market to use a portion of the Louis Mentor Boardwalk, identified in Exhibit B, on Sundays from 11 00 AM to 3 00 PM in addition to the Evergreen Rotary Park location The market will pay $250 00 per year as compensation for use of Evergreen Rotary Park and the Louis Mentor Boardwalk sites City Council Meeting Minutes Wednesday, July 20, 2011 Page 4 of 5 Julia Zander Market Manager for the Bremerton Farmer's Market, presented a PowerPoint to highlight the history of the current farmer's market, and Sarah Meagher Board of Directors discussed how Roy Runyon presented the idea for a downtown Sunday Market 06 Motion to approve the amendment to the license agreement was made by Runyon, and seconded by Brockus There were no comments from the public Discussion was then opened to the Council for their questions and comments Mr Runyon clarified that the cost of the passenger ferry between Bremerton and Port Orchard is $2 00 per person, each way Mr McConnell asked if the fee includes both locations for the same rate of $250 for this year Mr. Elevado answered that is correct, however, the rate will be renegotiated next year Mr. Wofford commented on a farmers market he attended in Missoula, Montana which seemed quite successful since other craft market was being held at the same time, only a few blocks away, suggested that the Downtown Bremerton Association coordinate an effort with the 4th Street area for a similar event 06:58:55 M /S /C /U (Runyon / Brockus) Move to approve the amendment to the License Agreement for use of a portion of the Louis Mentor Boardwalk by the Bremerton Farmer's Market and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented COUNCIL MEMBER REPORTS Carol Arends hoped that the comments of local residents and business owners would be seriously considered before any decisions are made on the location for the methadone clinic Dianne Robinson reported on progress being made at the playfields and shelter at Matan Park with a possible opening mid- September, discussed House Bill 1533, which allows a City to utilize real estate excise taxes and statutory requirements, attended the Kitsap Mental Health Board of Directors meeting, and noted that she was selected as a delegate to attend the upcoming National Conference for the advancement of Colored People in Los Angeles Greg Wheeler has worked with his wife Sunny and fellow Council Member Adam Brockus to commemorate the Last Drive over the Manette Bridge on the morning of Sunday, July 24, was pleased to host "Lemonade with Your Legislators" on Sunday, August 7 from 1 00 to 3 00 PM at Evergreen Rotary Park Roy Runyon encouraged attendance at this weekend's events including the Last Drive across the Manette Bridge, Bremerton Brewfest, U S Junior Amateur Golf Championship Finals, and Farmer's Market Adam Brockus elaborated further on the Last Drive across the Manette Bridge on Sunday, July 24, and encouraged attendance at Manette businesses even during the closure of the bridge Cecil McConnell attended the kick -off of the U S Junior Amateur Championship at Gold Mountain on Monday which included an opportunity to meet John Miller, and is pleased at the excellent turnout Jim McDonald invited the public to attend the Kitsap 9/11 Memorial Design Workshop on Monday, July 25 beginning at 4 00 PM in the Lounge at the Sheridan Community Center, and clarified that the City Council Meeting Minutes Wednesday, July 20, 2011 Page 5 of 5 memorial would be located in an unused area of the park and would not be taking any space away from the current park Will Maupin has been busy, but had no details to report President Maupin adjourned the Council Meeting at 7 15 PM Prepared and Submitted by im — LORI SMITH Legislative Assistant Attest CAROL ETGEN, City Clerk WILL MAUPIN, City Council President WMCEIscg AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5C SUBJECT: City Council Meeting Minutes For COUNCIL MEETING Date fiyquS'� 3 , I SiQ ` JV�2e Department City Council Presenter Will Maupin, President -3—V Y 2 -Z 1 Zp Phone (360) 473 -5280 SUMMARY: Attached is a summary of the City Council 6f e Mee - �jvA ATTACHMENTS: Meeting Minutes FISCAL IMPACTS: N/A APPROVALS: N/A RECOMMENDED MOTION: Move to approve the Consent Agenda as presented STUDY SESSION ACTION: X Consent Agenda ❑ General Business ❑ Public Hearing COUNCIL PRESIDENT COUNCIL ACTION: ❑ Approve ❑ Deny d Table ❑ Continue ❑ No Action Form Updated 4/18/2011 DIGITAL RECORDING CITY COUNCIL SPECIAL MEETING MINUTES July 22, 2011 The Special Meeting of the City Council of the City of Bremerton was called to order in the First Floor Meeting Chambers of the NORM DICKS GOVERNMENT CENTER, 345 6 th Street, Bremerton, Washington, Friday, July 22, 2011, at 2 00 PM, with Council President Will Maupin presiding Council Members present were Nick Wofford, Carol Arends, Dianne Robinson, Greg Wheeler, Adam Brockus, Cecil McConnell, and Jim McDonald Council Member Roy Runyon was absent Assistant City Attorney Ken Bagwell, City Clerk Carol Etgen, and Legislative Assistant Lori Smith were present to provide staff support ORDINANCE NO. 5155 ESTABLISHING A MORATORIUM ON METHADONE TREATMENT FACILITIES WITHIN THE CITY LIMITS OF BREMERTON Ken Bagwell Assistant City Attorney, explained that the City is facing potential applications for development of Methadone Treatment Facilities within the City The Bremerton Municipal Code does not adequately address the placement of these uses and the impacts that these uses may present, and the City does not currently have sufficient regulations to properly review and consider methadone treatment facilities The City Council finds that the protection of the health, safety, and welfare supports imposing a moratorium on the acceptance of all applications for any building, land use, or development permit or approval under the Bremerton Municipal Code for methadone treatment facilities within the City of Bremerton until additional review has been completed and any necessary code revisions have been adopted by the Bremerton City Council The moratorium would be in affect for 6- months, and may be renewed following another hearing There is no limit to the number of moratoriums established President Maupin understood that it was not possible for the City to actually "prohibit" a methadone clinic Mr Bagwell responded that was correct, and elaborated further by stating the City does not have the ability to prohibit a methadone treatment facility because the State of Washington has specifically taken jurisdiction over this type of treatment facility so the most a City can do is to take this type of action [establishing a moratorium] to allow time to review it's current codes and ordinances regarding zoning issues Andrea Spencer explained this became an issue due to the way Council has passed zoning regulations Currently, this type of proposal would fall under the category of a "medical office ", which has a very broad definition The moratorium would allow time for the Council to establish a new definition of what a methadone treatment facility would be, establish potential review criteria, approval processes that might be used to review them, including the use of a Hearing Examiner if that is a direction the Council chose to go, and to allow additional opportunities for public comment Ms Spencer summarized that it was a Council decision to legislate the application process, and the use of a moratorium allows an opportunity to write new land use regulations, improve the process, and better define methadone /opiate treatment facilities President Maupin clarified that the purpose of the Special Meeting today was not to address whether or not there should be a methadone clinic, but rather if there should be a moratorium He then opened the meeting for public comments, which are summarized below Beth Shea Echo Artworks, presented a poster of the original Charleston Community Plan that was first proposed by the City in 1987 to remind the Council that the City's 20 -year vision for the area did not include a methadone clinic Robert Parker The Printer People, has done some of his own research, and although he is not against this type of facility, he did not believe the correct approach has been taken to address such a serious issue and does not believe the City is ready to deal with the problems it can bring Gentry Lange Hi- Fidelity Lounge, discussed the current problems of the area, specifically the alley directly behind his establishment where frequent prostitution and drug use takes place, therefore he City Council Special Meeting Minutes Friday, July 22, 2011 Page 2 of 4 does not believe it is a good plan to place a treatment facility in a troubled area where the type of activity that is taking place is the type of activity those seeking treatment are trying most to avoid Andy Graham McCloud's Grill House, who also works in real estate, offered several suggestions for alternate locations Carl Glivar Great American Furniture, thanked the Council for considering a moratorium to slow down the process, and presented examples of the type of questions that he would like to see answered by the City before a final decision is made on where to locate a methadone clinic Brock Jackie y , Dave's Loans & Guns, would like to see the methadone clinic be a success, and emphasized that it would take a lot of study to determine where it would need to be located and what else would need to happen to make it be a success, therefore he agreed with the moratorium to allow adequate time for the City to study the issue in full detail Jack Dirks explained that before retiring, he worked in the chemical dependency field since 1976 including 20 -years as a counselor, 9 -years serving on the drug court, and 12 -years serving on an advisory board for the County He stated he was an advocate of a methadone clinic because he has seen nothing but good results from people using these clinics during their recovery Scott Lindquist Kitsap Health Director, presented packets of information to each of the Council Members and urged them to educate them selves on opiate abuse He also invited them and members of the public to attend a workshop aimed at "Reducing Opioid- Related Deaths in Kitsap County' and to discuss the need for a methadone clinic in more detail on Monday, August 15, 2011 beginning at 3 30 PM here in the Chambers Dr Lindquist also encouraged the Council to visit the methadone clinic in Olympia, including the surrounding area and believes they will a lot of fears expressed will be unfounded Monte Levine Ostrich Bay Syringe Exchange, said for the past 14 years he has operated a syringe exchange program distributing a majority of the syringes in Bremerton without the surrounding businesses even being aware of it until he told them He believes this clinic is long overdue and believes that stalling will not only cost money, but will cost lives, therefore he urged the Council to listen to the science and not the hysteria, and implied the City could be faced with a lawsuit Darren Stralev 76 Station, agrees that there is a problem in Bremerton and that there is a real need for a methadone clinic, however, he does not believe that the issues and concerns have been adequately addressed, especially in the location currently proposed Don Stauff Boston's Pizza, questioned if the City was capable of handling the impact of 2000 patients and stressed that this was a County problem and not dust a problem of Bremerton Dale Thoemke mentioned that his great grandfather built Callow Avenue in 1887, and thanked the Council for listening to business owner concerns He questioned the fairness of Evergreen Treatment Services being a non - profit, while property taxes have been increased for all Callow Avenue businesses, while also being required to purchase a Business License and pay Business & Occupation (B &O) taxes Mike Allen Kitsap Key & Bike Shop, was not against a methadone clinic but believes the issue should be studied carefully therefore he agrees that passing a moratorium is the smart thing to do. Kathi Ferguson has lived in the City for over 30- years, and although her husband recently died, he was a drug addict who had expressed to her his belief that society should be very careful in how drug treatment is considered, especially because there are a lot of young people in the community who have not yet been exposed to many of the drugs out there, including methadone Although she was City Council Special Meeting Minutes Friday, July 22, 2011 Page 3 of 4 sympathetic to a drug addict's need for treatment, she feared that a methadone treatment facility could bring a larger problem to Bremerton, and agreed that it should be a "County" problem Michael Barton believes that if there is a moratorium, he hoped that it would be short because there are people dying, and in need of treatment right now Howard Froggatt Clifford's Auto Body, thanked the Council for taking expedient action in response to the Charleston business owner concerns, and was in favor of the moratorium He did not believe that a 6 -month delay was too much to ask, and would allow time for all questions to be answered Ryan McCrow (spouse owns Pied Piper's Emporium), was also in favor of the moratorium, and still doesn't understand why the Charleston Business District was chosen as the site for this type of treatment facility Robin Henderson agreed with the moratorium, and was tired of Bremerton fighting a bad reputation He felt that if the facility was going to serve the entire County, an outlying area like Silverdale was more centrally located and therefore a better choice for it to be located Jodette Parker The Printer People, had many questions about what a methadone clinic offers, and therefore believed the moratorium was the right way to go to allow time for more research John R. Miller personally knows people that have to travel to Tacoma to receive treatment, and Kitsap Transit picks up those costs, so to have a treatment center locally would save money Trevor Mercer uses the methadone clinic in Seattle, and pointed out that most businesses aren't even open during the operating hours of the clinic He doesn't understand why anyone would want to get in the way of the chance for treatment to be available locally, and believes the moratorium is only being used as a stall tactic Faye Flemister Unique Experience, thanked the Council for allowing the public to be heard, and clarified that most of the business owners in the area are not against a methadone clinic, but believed that a moratorium would allow more time to learn about it and study the best choice for its location With no further comments, President Maupin closed the hearing to the public 02.55 Motion to approve the ordinance was made by Arends, and seconded by Wheeler Jim McDonald offered a friendly amendment to hold the next required public hearing on August 17, 2011 rather than on August 3 This friendly amendment was accepted by both the maker of the motion (Arends), and the seconder (Wheeler) of the motion The meeting was then opened to the Council for their discussion, comments, and questions Nick Wofford asked how the County was able to prohibit methadone clinics anywhere in the County Mr Bagwell could only respond that the State of Washington has declared its authority to regulate opiate substitution treatment facilities, and State Law indicates the State will "work with Counties and Cities" to regulate opiate substitution treatment facilities, so without specifically being able to provide his opinion regarding the County Code, it is his opinion that the City can not prohibit them Mr. Wofford then asked if the Department of Community Development could adequately address all of the zoning issues within the 6 -month timeframe of the moratorium Ms. Spencer replied that her Department would do their best, but could not guarantee that a 6 -month timeframe is enough time to accomplish everything that needs to be done Mr. Bagwell said that following another public hearing to provide justification, another 6 -month extension on the moratorium could be granted City Council Special Meeting Minutes Friday, July 22, 2011 Page 4 of 4 Mr. Brockus asked if the moratorium could be rescinded if enough information is received and everything was accomplished early Mr. Bagwell replied yes Mr. Wheeler commented on the reasons that lead to this moratorium being proposed by the Council, which was to slow down the process to allow adequate time to address all concerns, and thanked Council leadership for putting this action together so quickly Mr. McDonald thanked Dr Lindquist for the information he provided, and looked forward to studying it more thoroughly, but at first glance, he was concerned that this information appeared to be in direct conflict with information that was received by the Police Department He agreed with the moratorium Dianne Robinson agreed that a methadone clinic is really needed in the City, but agreed with the business owners that the wrong location was selected She too agreed with the moratorium Mr. Wofford concurred that a methadone clinic is needed here, but also believed that the public required more education on the issue Will Maupin established that he had no intention of prohibiting a methadone clinic in the City even though there are some issues that need to be mitigated He believes that the goal is to have enough information so that the community is supportive, and that the purpose of calling this meeting to ask for a moratorium was to assure that there is adequate time to review the zoning code and to take it through a thorough process He also pointed out that the taxpayers will be paying the cost for staff time to accomplish this process, and the cost will be high, therefore he would be agreeable to ending the moratorium early once it is no longer needed He was interested in doing what's best for everyone 03.12:20 M /S /C /U (Arends/Wheeler) Move to approve Ordinance No 5155 imposing a moratorium on methadone treatment facilities The motion was approved by a unanimous vote of the Council in attendance President Maupin adjourned the Council Meeting at 3 15 PM Prepared and Submitted by A LORI SMITH Legislative Assistant Attest CAROL ETGEN, City Clerk WILL MAUPIN, City Council President WMCEIscg AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5D ■■ eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeseeeeeeaeeeeeeeseeeeeeeeeee SUBJECT: City Council Meeting Minutes For COUNCIL MEETING Date A US+ 3 Department City ouncd 1 l Presenter Will Maupin, President J U ( y 2'7 � ' , ( Phone (360) 473 -5280 SUMMARY: Attached is a summary of the City Council Meeting ATTACHMENTS: Meeting Minutes FISCAL IMPACTS: N/A APPROVALS: N/A RECOMMENDED MOTION: Move to approve the Consent Agenda as presented STUDY SESSION ACTION: Consent A enda ❑ General Business ❑ Public Hearing COUNCIL PRESIDENT ' COUNCIL ACTION: ❑ Approve ❑ Deny Table ❑ Continue ❑ No Action Form Updated 4/18/2011 DIGITAL RECORDING CITY COUNCIL STUDY SESSION MINUTES July 27, 2011 A Study Session 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 6" Street, Bremerton, Washington, Wednesday, July 27, 2011, at 5 00 PM, with Council President Will Maupin presiding Council Members present were Nick Wofford, Carol Arends, Dianne Robinson, Greg Wheeler, Roy Runyon, Adam Brockus, Cecil McConnell, and Jim McDonald Legislative Assistant Lori Smith was present to provide staff support President Mauain 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 August 3, 2011 Council Meeting Agenda unless otherwise stated 1 Agreement to Release Interest with the Port of Bremerton to release the right to relocate Barney White Road — Gunnar Fridriksson, Civil Engineer, Public Works & Utilities Department, and Jim McDonald, Public Works Committee Chair Consent Agenda 2 Purchase Art Chalk to be used for the 2011 Blackberry Festival Sidewalk Art Contest — Andrea Spencer, Director of Community Development, and Greg Wheeler, Planning Committee Chair Consent Agenda 3 Ordinance to amend Chapter 3 12 060 of the Bremerton Municipal Code (BMC) titled "Authorized Expenditures from Arts Fund" — Andrea Spencer, Director of Community Development, and Greg Wheeler, Planning Committee Chair Consent Agenda 4 Proposed public hearing regarding ordinance to approve and authorize termination of the Development Agreement with Port Blakely Tree Farms (Limited Partnership) — Andrea Spencer, Director of Community Development, Roger Lubovich, City Attorney, and Greg Wheeler, Planning Committee Chair Public Hearing 5 Ordinance to amend several Chapters of the Bremerton Municipal Code (BMC) to make various code reference corrections and updates — Roger Lubovich, City Attorney, and Jim McDonald, Public Safety and Parks Committee Chair Consent Agenda B FULL DISCUSSION ITEMS 6 Ordinance to amend Chapter 5 16 of the Bremerton Municipal Code (BMC) titled "Temporary Merchants, Peddlers and Mobile Food Vendors" — Becky Hasart, Finance Director, and Nick Wofford, Finance Committee Chair General Business 7 Presentation on Council Redistricting for the City of Bremerton — Becky Hasart, Finance Director, Bill Eley, IT Manager, and Nick Wofford, Finance Committee Chair Public Hearing on August 17, 2011 8 Agreement with Prothman, Co for Interim Public Works Director — Becky Hasart, Finance Director, and Nick Wofford, Finance Committee Chair General Business C GENERAL COUNCIL BUSINESS Council Committee Chair reports were provided, and General Council Business was discussed City Council Study Session Minutes Wednesday, July 27, 2011 Page 2of2 President Maupin adjourned the Study Session at 6 25 PM Prepared and Submitted by LORI SMITH Legislative Assistant Attest CAROL ETGEN, City Clerk WILL MAUPIN, City Council President WMCEIscg AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5E SUBJECT: Agreement with the Port of Study Session Date July 27, 2011 Bremerton releasing the City's right to COUNCIL MEETING Date August 3, 2011 relocate Barney White Road Department Public Works & Utilities Presenter Gunnar Fndnksson Phone 473 -2354 SUMMARY: When the Port of Bremerton purchased the airport and properties from Kitsap County in 1962, Condition #6 in the deed allowed Kitsap County to relocate Barney White Road "within reasonable proximity to its present location " (Deed recorded per Kitsap County Auditor File #792231 ) As the City annexed the area in September 2008 with Ordinance #5057 and is the successor to this interest from Kitsap County, the Port of Bremerton approached the City to address having this interest released The Port seeks the release as having the City retain this interest burdens and encumbers the current adjacent properties to the roadway, limiting future tenant interest in developing this land ATTACHMENTS: 1 ) Proposed Release, 2 ) Letter from Port of Bremerton, and 3 ) 1962 Deed FISCAL IMPACTS (Include Budgeted Amount) None APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR RECOMMENDED MOTION: Move to approve the Agreement with the Port of Bremerton releasing the right to relocate Barney White Road and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented STUDY SESSION ACTION: Cons nt Agenda ❑General Business El Public Hearing COUNCIL PRESIDENT COUNCIL ACTION: E] Approve ❑ Deny ❑ able El Continue ❑ No Action Form Updated 4/18/2011 COUNCIL SUMMARY Release of Interest — Port of Bremerton Summary When the Port of Bremerton purchased the airport and properties from Krtsap County in 1962, Condition #6 in the deed allowed Krtsap County to relocate Barney White Road "within reasonable proximity to its present location " (Deed recorded per Krtsap County Auditor File #792231 ) As the City annexed the area in September 2008 with Ordinance #5057 and is the successor to this interest from Krtsap County, the Port of Bremerton approached the City to address having this interest released The Port seeks the release as having the City retain this interest burdens and encumbers the current adjacent properties to the roadway, limiting future tenant interest in developing this land In review of Barney White Road and the SKIA area, no reason was found for the road being relocated from its current position The existing roadway has been fully developed and is in good shape As such, staff recommends that the interest in the roadway be released Fiscal Summary No fiscal impact Airport Extension Phase 11 Council Summary AGREEMENT TO RELEASE INTEREST The City of Bremerton ( "City ") and the Port of Bremerton ( "Port"), referred to collectively as the "Parties," enter into the following Agreement on the date entered below WHEREAS, in the sale of the property from Kitsap County to the Bremerton Port District (Kitsap County Auditor File #792231, recorded April 10, 1963), Kitsap County reserved the right to relocate right of way and the Bremerton Port has petitioned the City to vacate this right, and WHEREAS, the City of Bremerton annexed the property with the SKIA South Annexation with Ordinance #5057 in September 2008 and this right would transfer to the City upon completion of the annexation, and WHEREAS, the City of Bremerton sees no need to exercise this right and sees fit to vacate and extinguish this right NOW THEREFORE, the parties agree as follows The City of Bremerton hereby releases and extinguishes the right reserved to relocate Barney White Road as noted in Condition #6 of the deed transfer from Kitsap County to the Bremerton Port District under Kitsap County Auditor File #792231 IN WITNESS WHEREOF, the parties below have executed this agreement CITY OF BREMERTON THE PORT OF BREMERTON Patty Lent, Mayor Print Name Title DATE DATE Approved as to form Attest Bremerton City Attorney City Clerk R TegalTegahContractsTUBLIC WORKS\Agreement - Barney White Road doc 1 Agreement — Release of Interest e I *" O T f 8850 5W State Highway 3 Commissioners • Bremerton WA 98312 Bill Mahan Lairy Stokes 9 pertofbremerton org Washington tel (360) 674 2381 Roger Zabinski fax (360) 674 2807 Chief Executive Officer Cary Bozeman Mdy u, 2011 Bremerton National Airport (360) 674 2381 Olympic View Business & Larry Matel P E Industrial Park Managing Engineer (360) 674 2381 3027 Olympus Drive Port Orchard Marina Bremerton. WA 98310 (3601 876 5535 D Bremerton Marino Dear Mr. Matel ' (360) 373 1035 The purpose of this letter is to request that the City of Bremerton relinquish the right it inherited, through annexation of Port property from Krtsap County, to relocate the right -of -way of Barney White Road from its present location as provided for in the Kitsap County and Port of Bremerton Deed of real property transfer effective April 8, 1963 This right has surfaced during a recent Title search of Port land including the Port's Olympic View Industrial Park and now encumbers future use of the land as it presents a question as to what impact the road re- location may have on adjacent Port property The Port is under the impression that there no longer exists any reason to relocate Barney White Road and would therefore prefer to see this right rescinded allowing for unencumbered use of the property along Barney White Rd A summary of the history relating to this action is provided On the 4t of May, 1948, the United States acting through the War Assets Administrator conveyed and quitclaimed all right, title and interest in property it owned on either side of SR 3 to Kitsap County (See Enclosure A) For the purpose of this letter, this land includes the vast majority of the land the Port of Bremerton now owns, of which Barney White Rd is a central part On the $n' of April, 1963, Kitsap County (Grantor) transferred and conveyed the original federal property to the Bremerton Port District (See Enclosure B) A provision of this transfer of interest in real pi operty so states "Grantor further expressly reserves the right to relocate the right -of -way for that county road known as "Barney White Road" within reasonable proximity to its present location upon the tract first described " The Port has no knowledge of what is meant by " upon the tract first described " If the City is unwilling to relinquish its apparent right to relocate the Barney White Road, than as an alternative the Port asks the City to precisely define the actual location of where the road may be relocated so as to eliminate any doubt in the Port's mind or that of a future tenant interested in developing land along Barney White Road in the Port's industrial part. If you can accommodate the Port's request, we ask that the City's response be i ecorded as wrath any permanent land transfer of interest If you have any questions regarding this request or if the Port can be of any assistance, please contact me at (36o) 674 -2381 ext 24 or at timt6@u6rtQ biemerto or Thank you for your consideration in this matter Sincerely, Tim Thomson Director of Business Development Enclosures s &&_BD The County of Kitsap, a municipal corporation of the State of Washington, as grantor, in consideration of the promises and conditions hereinafter set forth, does grant, bargain, sell, convey, transfer, and set over to the Bremeton Fort District, a political subdivision of the State of Washington, the following described real property situate within Kitsap County, State of Washingtbn, to -wit: All of Section 141 the South half of Section 11, and the South 3 /4th of the North half of the sai8 Section 111 the Wouthwest quarts; of the Northwest quarter of Section 121 `? the South half of the northwest quarter of the northwest 'V quarter of said Section 12, and the West half of the Southwest ^? quarter of said Section 12; -the West half of the Northwest => quarter of Section 13, and the West half of the Southwest h quarter of said Section 13: and that portion of Section 15, which lies Southeasterly of State Highway No. 14, all in Township 23 North, Range 1 nest, W.M., EXCEPT County Roads; EXCEPT State Highway No. 14: EXCEPT U.S. Naval Railroad right -of -way: and EXCEPT that portion in the North half of the Southeast quarter of said Section 11 owned by United States of America (Navy) described as follows t Beginning on the East line of said Section 11, at a point distant 3031.99 feet North of the Southeast corner of said Section/ thence North 56 0 22'10" West 115.39 feet: thence South 33 0 37'50" West 1500 feet: thence North 56 West 230 testy thence South 33 0 37'50" West 60 feet: thence North 56'22'1.0" Went 100 feet to the true point of b4 nning: thence South 3337 West 37S feet to apoint which bears North 87 0 31 1 30" West 2506.35 feet and North 33 ° 37'50" East 1846.20 feet from the Southeast corner of said Section 113 thence North 56 ° 22'10" West 117.8S feet, more or less, to the Southwest corner of the property of U.S. (navy) and the Southeasterly line of Primary State Highway go. 21: thence Northeasterly, along said Southeasterly like, 383.19 feet, more or less, to a point which bears North 56'22'10" Nest from the true point of beginning: thencp South 56 0 22'10" Bast 39.03 feet, more or less to the true point of beginning- together with any interest in the deal property above described or land* contiguous thereto reverting to the County of Kitsap because of the failure of any agency of the Pederal Government to approve the transfer of such real property or lands to the State of Washington for highway prposes. Grantor further expressly reserves the right to relocate the right -of -way for that county road known as "Barney White Road" within CO 1 i reasonable proximity to its present location upon the tract first above described. Grantor does, by these presents, grant, bargain, sell, and deliver unto Grantee all that certain personal property, equipment, improvements, building¢ and structures now situate on or about the ,first above described tract as follow@; Buildings 21, 23, E -9 and E -10, taxi -ways, hardstandings, roads, walks, runway extentions, revetments and airfield facilLtiesr 1 truck, pickup, Chevrcletr 2 desks, executive type, wooden; 2 chairs, swivel, without armsr 1 file cabinet, wooden, 4- drawer; This conveyance and transfer is expressly subject to the following terms and conditions: 1. Subject to all obligations, covenants, reservations and restrictions set forth in that certain Quit Claim Deed dat May 4, 1949, and recorded in Book 436, page 190, Deed Records, Kiteap County, Washington, by which deed the United States of America, as grantor, conveyed the airport and related property to Kitsap County; 2. Subject to the several covenants, agreene nts and assurances pertaining to said property set forth in that certain Resolution of the Board of county Commissioners of Kitsap County adopted August 14. 1941; j 3. Subject to the several terms and conditions contained in that Certain Grant Agreement dated June 30, 1960. in Project No. 9- 45- 027 -6001, under which certain airport improvement was accomplished with Federal participation. 4. subject to leases of record 5. subject to the repayment by the Port of Bremerton, of the sum of 65,000 to the County of Kiteap, State of Washington, which 65,000 was heretofore loaned by the County of Kiteap to the Kiteap -2- t t County Airport; such repayment to be within three years of November 6, 161. 6. Subject to the right of the County of ititeap, State of Washington, to relocate that road known as "Barney White Road" within reaebnable proximity to its present location. IN WITNESS WHEREOF the grantor has caused these presents t be signed, and its corporate seal to be hereunto affixed this day of 1963. XITSAP COUNTY, a Municipal corporation / i / rman Commissi er Attests Commissioner � Clerk of the Board STATE aP WASHINGTON ) 4 County of Kitsap On this ,dday of r 1 1963, before me personally appeared Henry A. Brown, T. H. H cold Lundberg and Frank M. Youngs attsep County Cossioaioners and Margaret McPherson. Clerk of the leard., respectively, of Kiteap County, a Municipal corporation of the State of Washington, that executed the within and foregoing instrument and acknowledged said instrument to be the free and voluntary act and deed Of the said County for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute such instrument and that the seal affixed is the corporate seal of such City. IN WITNESS WHEREOF, I have hereunto set my hand and my official seal the day and yeas first above written. 1) Notary Publi -in and for the State of e Washington, residing at is a auto. . le.,W 'AA loquar of COUtiTY Ina C0 11 MM MAAROARU McPWASON,10hap Co. Audlhx Q}{ DATE SUBMITTED July 20, 2011 AGENDA BILL CITY OF BREMERTON CITY COUNCIL w5 1 .. ....................................................... ............................... SUBJECT: Purchase of art chalk to be used Committee Meeting Date July 27, 2011 for the 2011 Blackberry Festival sidewalk art COUNCIL MEETING Date. August 3, 2011 contest. Department DCD Presenter- Andrea Spencer, DCD Phone: 473 -5283 SUMMARY: The Arts Commission is committed to supporting local artists and art events The Bremerton Parks Department hosts the annual Sidewalk Art contest as part of the Blackberry Festival activities and has asked the Arts Commission to sponsor the purchase of premium art chalk to improve the quality of the images created for this contest. At the June 9, 2011 Arts Commission meeting, the Arts Commissioners unanimously approved the purchase of art chalk in support of this local art event ATTACHMENTS: 1 Sample and estimate of art chalk 2 Kitsap Sun article describing sidewalk artistry at the Blackberry Festival FISCAL IMPACTS (Include Budgeted Amount) Not more than $500 00 from the 1% For Arts program fund i APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR COMMITTEE CHAIR --"- COUNCIL PRESIDENT CONSENT AGENDA' GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION: Move to approve the purchase premium art chalk to be used for the annual sidewalk art contest held at the Blackberry Festival, not to exceed a total amount of $500 00 COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Amazon com Prang Freart Colored Paper Chalk, Large, Round Tapered Sticks, 1 x 4 Inc Pagel of 5 Hello, Pamela Bykonen We have recommendations for you (Not Pamela ?) Save on Back to School Pamela's Amazon com I Today's Deals I Gifts & Wish Lists I Gift Cards Your Digital Items I Your Account I Help Shop All Departments Search I Office Products Cart Your Lists Office Products I Brands Bestsellers Printers Ink 8 Toner Paper Writing Gold Box Deals Instant Order Update for Pamela Bykonen You purchased this item on June 28, 2011 View this order Prang Freart Colored Paper Chalk, Large, Round Tapered Sticks, 1 x 4 Inches, 12 Quantity - Sticks per Box, 12 Assorted Colors (15360) by Pig or Be the first to review this item ( S in to turn on 1 - Click ordering or List Price $2046 Price $19 93 & eligible for FREE Super Saver 7 Shipping on orders over $25 Details Amazon Pri Free Trial required Stg You Save $053 checkout Leai rnMore In Stock. Ships from and sold by Amazon com Only 5 left in stock - -order soon (more on the way) More Buying Choices Want It delivered Wednesday, July 131 Order It in the next 8 hours and 5 minutes, and choose One -Day Shipping at TheFactoryD checkout Details $13 02 + $6 54 shipping Share Your own related Images 16 new from $12 00 Shoplet $14 37 + $5 29 shipping Office Quarters $13 74 + $6 12 shipping Product Specifications 16 new from $12 00 Brand Name Prang Have one to sell Model number 15360 Color Multicolored Share Number of Items 1 Manufacturer Part Number DIX15360 Technical Details • Oversized • Perfect for outdoors • Great for colored paper • Blends easily • AP certified non -toxic Customers Who Viewed This Item Also Viewed Page 1 of 4 Aga http. / /www.amazon com/gp /product/B0015K90U0 7/12/2011 Bremerton Blackberry Fest Sun Saves Sidewalk Artistry)) Kitsap Sun Page 1 of 4 1' • Login I Manage Account I Mobile I Contact Us I Archives I Subscriptions I e Edition Site � Q Q7o Web Search powered by Ymoo SEARCH News Sports Business Opinion Entertainment Lifestyles Media Jobs Homes Cars Classified Tips Local News Blogs Databases Events Submit Code 911 Communities Weather Obituaries Your News State National S Feeds Bremerton Blackberry Fest: Sun Saves Sidewalk Artistry By Christopher Dunagan Posted September 4 2010 at 10 16 p m Email Discuss Share » Print A A A BREMERTON — Ryan Paschal never Intended to become a chalk artist when she headed down to Space z the Bremerton Blackberry Festival is going to be Saturday afternoon • • • But her family enlisted her in the festival's ninth annual Chalk Art Contest, and Paschal came away as the first - place winner In the adult division "They lust handed me a thing of chalk and said, 'Go do it,'" Paschal said Most Popular adding that she quirky learned how to Viewed Commented Entailed s blend various chalks to get desired Colors Bremerton fiber optic cable cut knocks out service for Wave Broadband customers Updated 7/6/2011 at 8 23 p m 27 comments She also learned to use the sponge PHOTO PHOTO BY LARRY STEAGALL LARRY STEAGALL I7 BUY THIS provided by the contest to smooth out Tax levy to aid homeless proposed Updated 7/6/2011 at 2 01 p in 88 comments Bremerton Blackberry Festival chalk artist Melanie some areas of her picture, which was Whittier 18 of Bremerton works on her Mickey Mouse based on a manner theme and titled "B- Inconsistencies emerge in police review of drawing for the ninth annual festival of chalk on Second Bainbridge shooting Street and Washington Avenue in Bremerton on Town " Published 7/6/2011 at 7 13 p m 19 comments Saturday (LARRY STEAGALL I KtTSAP SUN) "1 lust tried to think of things that made Now Bremerton � � under me think of home," said the Bremerton Published 7/8/2011 at 6 03 p m 22 comments Bremerton Blackberry native, who had drawn an anchor and broken compass, It. Dan salutes the troops with praise and Festival rock W roll all freehand and without a pattern Published 7/5/2011 at 9 03 p in 18 comments See all "I broke almost all my nails doing this," she added 16 photos A morning rain dampened the opening of the at full size Bremerton's annual end -of- summer festival on Saturday Early arrivals were able to obtain good seats at the http / /www.kitsapsun com/news/ 2010 /sep /04/bremerton- blackberry- festival- sun -saves -side 7/7/2011 Bremerton Blackberry Fest Sun Saves Sidewalk Artistry)) Kitsap Sun Page 2 of 4 1 of 16 entertainment stages, children were not required to wait Photo Gallenes for the pony ride or giant slide, and lines for food booths were almost nonexistent -1F By afternoon, however, the rains were gone, the clouds were breaking up, and the sidewalks were drying off Crowds began to build on the Bremerton boardwalk and Gary Sinise a Myhws fire Kingston s along Second Street, where the Chalk Art Contest was scheduled to begin at noon The u oar Fourth of July "Since it was raining, l was going to cancel it," said contest organizer Cynthia Engelgau, "but the sidewalk dried out in time " Weather Still, only 15 contestants signed up, compared to 25 last year That's when the call Currently 36 Hour Your Photos went out, and artists of various skill levels decided to give it a try Some — including a L Currently Today large number of young children — did not enter the contest but borrowed chalk to + " y}i, 710 sketch on unoccupied parts of the sidewalk 62° Overcast Wind S 10mph Their colorful pictures ranged from flowers to dragons to Flintstones character Barney Rubble • More weather Melanie Whittier was convinced by her friends to enter the contest, and her portrait of Mickey Mouse won her a third place in the adult division Calendar JUL JUL JUL BROWSE "This was really fun," Whittier said "I'm glad they convinced me " 7 8 9 A mother - daughter team, Stephanie and Caylee Holden of Bremerton, said they THURSDAY FRIDAY SATURDAY MORE almost didn't show up because of the rain But their drawing of a giant blackberry pie Silverdale water District Board of g a m took first place in the group division Commissioners Meeting Silverdale Water District Sage Logan, a 10- year -old who won first place in the youth division, drew the Seattle Sea Squirts Storythne 11 a m skyline from memory, placing a hovering flying -saucer in the sky Northwest Maritime Center 22nd Annual Chris -Craft noon Contest judge Linley Logan, who won first place last year in the event, said he was Rendezvous impressed with many of the drawing Port Orchard City Manna Glass Odyssey Corvette Club of 7 p m "I think this is awesome," he said "I'm glad the sun came out and the sidewalk dried Kitsap County out " Central Kitsap Fire Station #41 - Meadowdale Logan said he and the other judges were looking for good design and good use of Business International Networking 7 30 a m color, along with originality and uniqueness Group Meeting Airport Diner Prizes included gift certificates in the contest sponsored by the West Sound Arts More Events Council, Other winners included Roger Paschal, second in the adult division In the group Business Directory division, the Paschal family took second and Sierra Seifert and Caley Riggs took third In the teens division, Dylan Macabdes was first, Aaron Sbarra second, and Search Browse Laura Sbarra third in the youth division, Kayle Ann Roberts took second, and Business e g salon Senecca Logan took third BLACKBERRY FESTIVAL SCHEDULE Location e g Bremerton WA Bremerton, WA Sunday, Sept 5 Seam, Main Stage Powered by Locat cam 10 to 1130 a in — Smllin' Scandinavians http. / /www kitsapsun.com/news/ 2010 /sep /04/bremerton- blackberry- festival -sun- saves -side . 7/7/2011 Bremerton Blackberry Fest Sun Saves Sidewalk Artistry » Kitsap Sun Page 3 of 4 Noon to 130 p m — Next To Nothing 2 to 3 30 p m — All Moved Up 4 to 6 p m — Soul Purpose Children's Stage Noon — Mr Mario 1 p m — Cowboy Buds & Elizabeth 2 p m — Magic of Kevin Wolfe 3 p m —Mr Mario 4 p m — Cowboy Buds & Elizabeth 5 p m — Magic of Kevin Wolfe Monday, Sept 6 Main Stage 11 a m to 12 30 p m — The Independents 1 to 2 30 p m—HD Fusion 3 to 5 p m — Soul Purpose Children's Stage Noon — Magic of Kevin Wolfe 1 p m — Cowboy Buds & Elizabeth 2 p m —Mr Mario 3 p m — Cowboy Buds & Elizabeth 4 p m — Magic of Kevin Wolfe © 2010 Kitsap Sun All rights reserved This material may not be pubhshed, broadcast rewntien or redistnbuted Email Discuss Share u Print Also In Bremerton Top Stories More Bremerton City Council defeats proposal for $20 car tab fee Increase Marietta Bridge to close Friday for concrete pour Pickup goes up in flames on Wycoff Comments), i Hide h4: / /www.kitsapsun.com/news /2010 /sep /04/bremerton- blackberry - festival -sun- saves -side. 7/7/2011 Bremerton Blackberry Festival. Kitsap Photo Gallenes Krtsap Sun Local Krtsap, Washi Page 1 of 3 Login I Manage Account I Mobile I Contact us I Archives I Subscriptions I e Edition Web Search powered by YAH001 SEARCH News Sports Business Opinion Entertainment Lifestyles Media Jobs Homes Cars Classified Photo Galleries Photo Galleries by Topic Videos Share Your Photos Buy Photos Online Coupons Photo Galleries » Bremerton Blackberry Festival 13 of 16 t , 1, µ '"bb �' ��7f PU�titStillii� i ti Y Videos t Recent m PHOTO BY LARRY STEAGALL LARRY STEAGALL Chalk artists — from the top left Roger Paschal his daughter Regan 12 friend David Stone Fire Destroys 2010 Armed It s Hip to Be Two Manette Forces Day Square center and his son Riley 14 all from Silverdale — work on a pirate ship at the 21 st Homes Parade (Dancing) At 99 Bremerton Blackberry Festival on Saturday (LARRY STEAGALL I KITSAP SUN) Buy this photo I ww Playgrounds Sprinklers vs Getting to Photo Rating on Ice No Sprinklers Know Skookum Gallery Rating All Videos)) 13 of 16 Photo Galleries Recent Popular i a http / /www kitsapsun com/photos /galleries/ 2010 /sep /04/bremerton- blackberry- festival/12965/ 7/7/2011 DATE SUBMITTED July 20, 2011 AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5& NO. 5c5(a SUBJECT: Ordinance to amend language Committee Meeting Date _ July 27, 2011 in BMC 3 12 060, Authorized Expenditures COUNCIL MEETING Date August 3, 2011 from Arts Fund Department DCD Presenter Andrea Spencer, DCD Phone 473 -5283 SUMMARY: The proposal is to amend BMC 3 12 060, Authorized Expenditures from Arts Fund, to clarify language in the purchasing requirements and allowing the Arts Commission to authorize budgeted purchases totaling less than $2,000 00 The proposed ordinance clarifies that any expenditures from the Arts Fund in excess of $2,000 00 requires a recommendation of the Commission and authorization of the City Council This modification allows the Arts Commission to authorize such purchases as art chalk for the Blackberry Festival art contest, printing of event flyers, framing costs for approved art, and banner arms for the artistic banners hung throughout the downtown area, where, in the past, these expenditures required City Council approval ATTACHMENTS: 1 Ordinance No 5 1 5 (o FISCAL IMPACTS (Include Budgeted Amount)- None APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR COMMITTEE CHAIR COUNCIL PRESIDENT• CONSENT AGENDA GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION: Move to approve Ordinance No. ZT 15 6 amending BMC 3,12.060, Authorized Expenditures from Art Fund COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action ORDINANCE NO. 51 AN ORDINANCE of the City Council of the City of Bremerton, Washington, making amendments to the Bremerton Municipal Code in Section 3 12.060, Authorized Expenditures from Arts Fund, in order to modify language establishing expenditure requirements WHEREAS, the City Council adopted Ordinance 4940 on July 20, 2005 establishing an Arts Commission; and WHEREAS, through practical use and application of the expenditure requirements, the need for modification has been identified, and WHEREAS, these amendments are consistent with other applicable regulations and ordinances; and WHEREAS, the Arts Commission is desirous of increasing the efficiency of minor purchases in its support of local art events, public outreach, and education NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS SECTION 1. Section 3.12.060 in the Bremerton Municipal Code entitled "AUTHORIZED EXPENDITURES FROM ARTS FUND" is hereby amended as follows - 3.12.060 AUTHORIZED EXPENDITURES FROM ARTS FUND. Subject to expenditures for the selection of Public Art and any maintenance and repair programs approved pursuant to section 3 12 040 above, budgeted expenditures may be made from the Arts Fund, , for any-one of the following purposes (a) The selection, acquisition, and display of works of art which may be an integral part of a project or which may be placed m, on, or about a project or other public space (b) Artist fees, design, planning, and pre - design service contracts and commissions (c) Expenses for technical assistance provided by architects and/or engineers to artists in order to design, document, and/or certify the artwork (d) Maintenance and repair of City Public Art benefited by the One Percent (1 %) for Arts Fund (e) Citizen forums and workshops to gather information and/or educate /inform the public about Public Art and the City's Public Art collection (f) Documentation and public information material for the One Percent (1 %) for Arts Program and Public Art projects (g) Performing Art 1 Budgeted expenditures exceeding _ equal to or greater than $2000 00 require recommendation by the Arts Commission and approval of the City Council Bud eg ted expenditures of less than $2,000.00 reymre approval of the Arts Commission SECTION 2. Severabidq If any one or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or mvalid, 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 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 , 2011 WILL MAUPIN, Council President Approved this day of 1 2011 PATTY LENT, Mayor ATTEST APPROVED AS TO FORM. CAROL ETGEN, City Clerk ROGER A LUBOVICH, City Attorney PUBLISHED the day of , 2011 EFFECTIVE the day of , 2011 ORDINANCE NO. 2 AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5H SUBJECT: Ordinance No 5 154 Study Session Date SUIV aU amending chapters of the BMC correcting COUNCIL MEETING Date jtrlq-20, 1 attgttSj— 3 ?o` and updating references in the code Department City Aft mey's O e Presenter Roger A Lubovich Phone 473 -2345 SUMMARY: This Ordinance amends sections of various chapters of the BMC by correcting references to other provisions of the BMC and updating references to provisions of the Revised Code of Washington and making other related amendments ATTACHMENTS: Proposed Ordinance /1/a 5t 54 FISCAL IMPACTS (Include Budgeted Amount) None APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR RECOMMENDED MOTION: Moo approve Ordinance No 51(5 -¢ making various code reference corrections and updates STUDY SESSION ACTION: Cons nt A n ❑ General Business ❑ Public Hearing COUNCIL PRESIDENT COUNCIL ACTION: ❑ Approve ❑ Deny E Table El Continue ❑ No Action Form Updated 4/1812011 ORDINANCE NO. 5154 AN ORDINANCE of the City Council of the City of Bremerton, Washington, maki corrections to the Bremerton Municipal Code by amending Chapter 9.92 entitled "Chronic Nuisance Properties ", Chapter 1112 entitled "Transportation Development Code ", Chapter 13 10 entitled "Municipal Trees ", and Chapter 7 06 entitled "Chickens ", by amending sections of these chapters correcting references to other provisions of the Bremerton Municipal Code and updating references to provisions of the Revised Code of Washington and making other related amendments. WHEREAS, previous amendments have been made to certain chapters of the Bremerton Municipal Code resulting in incorrect references to these chapters elsewhere in the code; and WHEREAS, the City Council desires to amend certain provisions of the Bremerton Municipal Code to correct and update these references and to make other related amendments, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS SECTION]. Section 9 92 020 of the Bremerton Municipal Code entitled "Definitions" is hereby amended to read as follows 9.92.020 DEFINITIONS. For purposes of this chapter, the following words or phrases shall have the meaning prescribed below - (a) "Abate" means to repair, replace, remove, destroy, or otherwise remedy a condition which constitutes a violation of this chapter by such means and in such a manner and to such an extent as the applicable City department director or designee(s) determines is necessary in the interest of the general health, safety and welfare of the community; (b) "Control' means the ability to regulate, restrain, dominate, counteract or govern property, or conduct that occurs on a property, (c) " Chromc nuisance property" means property on which any combination of three or more nuisance activities occur or exist during any sixty (60) day period, (d) "Drug- related activity" means any unlawful activity at a property which consists of the manufacture, delivery, sale, storage, possession, or giving away of any controlled substance as defined in Chapter 69.50 RCW, legend drug as defined in Chapter 69.41 RCW, or imitation controlled substances as defined in Chapter 69 52 RCW; (e) "Nuisance activity" means and includes 1 Code Reference Corrections - Updates (1) Any nuisance as defined by State law or local ordinance occurring on, around or near a property, including but not limited to, violations of the following laws and regulations (a) Chapter 9-08 06 BMC, Junk Vehicles, (b) Fire code, BMC Title 18; _ (c) BMC Title 6, Health and Sanitation, (2) Any criminal conduct as defined by State law or local ordinance occurring on, around or near a property, including, but not limited to, the following activities or behaviors (a) Stalking, BMC 9A 32 110, (b) Harassment, BMC 9A 32 050, (c) Failure to disperse, BMC 9A 44 030, (d) Disorderly conduct, BMC 9A 44 020; (e) Assault, BMC 9A 32 010, (f) Any domestic violence crimes, BMC 9A 32 070, (g) Reckless endangerment, BMC 9A 32 020; (h) Prostitution, BMC 9 24 020, (i) Patronizing a prostitute, BMC 9.24.040 0) Public disturbance noises, BMC 6.32 120(a), (k) Lewd conduct, BMC 9A.44 070; (1) Any firearms /dangerous weapons violations, BMC 9A.24 010 through BMC 9A 24.220, (m) Drug- related loitering, BMC 9.89.010, (n) Any dangerous animal violations, BMC 7 12 040, (o) Any drug- related activity, (3) For purposes of tins chapter, "nuisance activity" shall not include conduct where the person responsible is the victim of a crime and had no control over the criminal act, (f) "Person responsible for property" or "person responsible" means, unless otherwise defined, any person who has titled ownership of the property or structure winch is subject to this chapter, an occupant in control of the property or structure which is subject to this chapter, a developer, builder, or business operator or owner who is developing, building, or operating a business on the property or in a structure which is subject to this chapter and/or any person who has control over the property and allows a violation of this chapter to continue; (g) "Person" means natural person, joint venture, partnership, association, club, company, corporation, business trust, organization, or the manager, lessee, agent, officer or employee of any of them, (h) "Prennses and property" may be used by this chapter interchangeably and means any public or private building, lot, parcel, dwelling, rental unit, real estate or land or portion thereof including property used as residential or commercial property; (i) "Rental unit" means any structure or that part of a structure, including but not limited to single - family home, room or apartment, which is rented to another and used as a home, residence, or sleeping place by one or more persons 2 Code Reference Corrections - Updates SECTION 2. Section 11 12 120 of the Bremerton Municipal Code entitled "Landscaping in Rights -of -Way, Easements and Access Tracts" is hereby amended to read as follows _ 11.12.120 LANDSCAPING IN RIGHTS -OF -WAY, EASEMENTS AND ACCESS TRACTS. (a) Preservation of existing street trees and landscaping may be required along City streets as a condition of permit approval (b) For any development wherever it is necessary to remove or relocate street vegetation in connection with the widening of the street or highway, the paving of a sidewalk, or the installation of ingress or egress, the property owner shall replant such vegetation in size and kind or replace them according to engineering standards, as determined by the City Engineer, and BMC 13 10 080. (c) Any existing landscaping in the right -of -way not included in the development plans that is disturbed by construction activity on private property shall be replaced or restored to its original condition by the property owner (d) Landscaping and other improvements within the right -of -way are subject to removal at the request of the City when the right -of -way is needed for public use (e) Street Tree and Landscaping Installation Requirement (1) Street landscape installation or improvement is required when applicable projects are to be undertaken along mayor arterials and other streets as identified in the comprehensive plan and in accordance with the engineering standards (2) Ground cover shall be provided for site frontage right -of -way with a potential for erosion (f) Species Selection Selection of tree species shall comply with the engineering standards, Chapter 13 10 BMC, and the comprehensive plan (g) Maintenance of plant materials shall be in accordance with Chapters 9-14 08 and 13 10 BMC SECTION 3. Section 13 10.090 of the Bremerton Municipal Code entitled "Nuisance Abatement" is hereby amended to read as follows - 13.10.090 NUISANCE ABATEMENT. On Private Properties - Abatement of nuisances PrepeFty-e A% on private property with trees or shrubs determined to be hazardous or public nuisance to public areas, such as streets and sidewalks, will be handled in accordance with the nuisance abatement procedures set forth in Chapter 9-14 08 of the Bremerton Municipal Code. SECTION 4. Section 13 10.100 of the Bremerton Municipal Code entitled "Appeal of Abatement Notice" is hereby repealed as follows 13.10.100 A:PPEAL OF ABATEMENT- NOTICE. SECTIONS. Section 13 10.090 of the Bremerton Municipal Code entitled "Chicken Management" is hereby amended to read as follows 3 Code Reference Corrections - Updates 7.06.010 CHICKEN MANAGEMENT. Chickens may be kept within the city limits of Bremerton, provided. (a) No more than four (4) hens, including chickens and chicks, may be kept per single - family residential lot pursuant to subsection (n) of this section In no event shall the four (4) allowed hens, including chickens or chicks, count toward the accumulative total of four-(4) household pets pursuant to BMC 7 08 010 (b) No roosters are allowed (c) Chickens, except for chicks, shall not be kept inside any permitted dwelling (d) Henhouses, coops and chicken tractors must be set back at least ten (10) feet from all property Imes (e) Henhouses, coops and chicken tractors shall be kept at least five (5) feet from any other structure including decks (f) Henhouses, coops and chicken tractors shall provide for adequate shelter, be kept clean and maintained so that dust, manure and odors are not detectable beyond any property line (g) Henhouses, coops and chicken tractors including chicken runs shall not exceed two hundred (200) square feet in size and shall not exceed seven (7) feet in height at the structure's highest point. (h) Henhouses and coops shall provide at least six (6) square feet of space per chicken (i) Chicken tractors shall provide at least four (4) square feet of space per chicken. 0) Henhouses, coops and chicken tractors shall be restricted to the backyard area of a single- family residential lot (k) Henhouses, coops and chicken tractors shall be set back from any body of water in compliance with the City of Bremerton's shoreline master plan and critical areas ordinance as each are currently enacted or heremafter amended (1) Henhouses, coops and chicken tractors shall beset back one hundred (100) feet from any public or private well (m) Chickens shall not be allowed to run at large and shall be enclosed within a henhouse, coop or chicken tractor at all tunes (n) Chickens shall be allowed only on single- family residential lots containing a maximum of one residence (o) Chicken manure shall be managed so as not to create a nuisance or be in violation of Chapter 946 BMC as currently enacted or hereinafter amended (p) Chickens shall not be slaughtered (q) All chicken feed or food set aside for chickens shall be stored in rodent -proof containers and feeders (r) All structures used to house or care for chickens, including henhouses, coops and chicken tractors shall be rodent - proof. (s) Any rodent activity in the vicinity of any chicken structure or enclosure shall require the licensed owner of the chickens to eradicate the rodents in compliance with local, state and federal laws SECTION 6. Section 2 62 045 of the Bremerton Municipal Code entitled "Municipal Court Hearing Examiner - Procedure - Appeal" is hereby amended to remove a reference to a code provision that is no longer applicable as follows 4 Code Reference Corrections - Updates 2.62.045 MUNICIPAL COURT HEARING EXAMINER - PROCEDURE - APPEAL. The Municipal Court Hearing Examiner shall have jurisdiction to receive and rule on appeals by aggrieved appellants of administrative decisions after a written complaint has been denied by the Department Director or designee Appeals to the Municipal Court Hearing Examiner from any final admimstrative decision covered by the provisions of this chapter shall be made within seven (7) working days from the date of appellant's notification of the decision Date of mailing shall be considered date of notification Appeals shall include the appellant's name, address and telephone number, the written decision being appealed and the municipal code section establishing the appeal Appeals shall be accompanied by a filing fee, pursuant to Chapter 3 01 BMC, which shall be refunded if the appellant substantially prevails. The Municipal Court Judge shall adopt rules for scheduling and conduct of administrative hearings Enforcement of the administrative decision being appealed to the Municipal Court Hearing Examiner shall be stayed during the pendency of an appeal which has been properly and timely filed, provided there is not imminent threat to the public's safety and welfare The Municipal Court Hearing Examiner's decision shall be final and conclusive unless the appellant or the City files for a writ of certiorari in Kntsap County Superior Court within thirty (30) days Procedures of this section including filing fee and appeal of the Municipal Court Hearing Examiner's decision shall apply unless different procedures are specified in the ordinance establishing the administrative appeal The Municipal Court Hearing Examiner shall have jurisdiction to hear and rule on complaints referred under the City's Code of Ethics, Chapter 2 96 BMC, and to receive and rule on appeals of administrative decisions specified in the following titles of the Bremerton Municipal Code (1) Animals and Fowl, BMC Title 7; (2) Peae -e, Safety and Mefels BMG Title 9, (32) Traffic, BMC Title 10 All references to Hearing Examiner in Chapter 2 96 BMC and these titles shall mean Municipal Court Hearing Examiner SECTION 7. Severabilq If any one 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 8 ffective 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 , 2011 WILL MAUPIN, Council President 5 Code Reference Corrections - Updates Approved this day of , 2011 PATTY LENT, Mayor ATTEST APPROVED AS TO FORM CAROL ETGEN, City Clerk qR : GER�A LUB ttorn PUBLISHED the day of , 2011 EFFECTIVE the day of , 2011 ORDINANCE NO R \ Legal\ Legal \Ordinances \Legal \CodeReferenceCorrechons - Updates -2011 doc 6 Code Reference Corrections - Updates AGENDA BILL CITY OF BREMERTON CITY COUNCIL (oA ■■ rrrrrrrrrrrrrrrrrrrr rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrsrrrrrr�rrrrrr rr SUBJECT: Public Hearing regarding Study Session Date July 27, 2011 Ordinance No 5157 approving and COUNCIL MEETING Date August 3, 2011 authorizing termination of the Development Department DCD /City Attorney Agreement between Port Blakely Tree Presenter Andrea Spencer & Farms (Limited Partnership) and the City of Roger Lubovich Bremerton Phone 473 -2345 SUMMARY: A Development Agreement was entered into between Port Blakely Tree Farms and the City of Bremerton on December 6, 2000 On about December 28, 2009, Bremerton West Ridge, LLC acquired all of the property subject to the Development Agreement No development has occurred on the site following execution and recording of the Development Agreement West Ridge has requested that the Development Agreement be terminated No. 5157 ATTACHMENTS: Proposed Ordinance and Proposed Termination Development Agreement FISCAL IMPACTS (Include Budgeted Amount) None APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR RECOMMENDED MOTION: Move to approve Ordinance No 515 7 and authorize the Mayor to finalize and execute the Termination Development Agreement with substantially the same terms and conditions as presented STUDY SESSION ACTION: ❑ Cortisent Agend ❑ General Business Public Hearing COUNCIL PRESIDENT COUNCIL ACTION: ❑ Approve ❑ Deny El i able ❑ Continue ❑ No Action Form Updated 4/18/2011 ORDINANCE NO. 5151 AN ORDINANCE of the City Council of the City of Bremerton, Washington, approving and authorizing termination of the Development Agreement between Port Blakely Tree Farms (Limited Partnership) and the City of Bremerton WHEREAS, During 2000, Port Blakely Tree Farms (Limited Partnership), hereinafter ( "Port Blakely ") owned certain real property consisting of approximately 440 acres identified in Exhibit A attached hereto ( "Property "); and WHEREAS, in September, 2000, Krtsap County, the City of Bremerton and Port Blakely Communities, as agent for Port Blakely Tree Farms (Limited Partnership), entered into an agreement consisting of terms and conditions relating to comprehensive plan policies, annexations and further consisting of a development agreement relating to the Property ( "Three Party Agreement "), and WHEREAS, on December 6, 2000, the City of Bremerton annexed the Property identified in Exhibit A, and WHEREAS, the legislature of the state of Washington enacted RCW 36.70B 170 through 36 70B 210 (the "Development Agreement Statute), which authorizes a local government to enter into a development agreement with the owner of real property regarding the development of such property and establishing certain development rights; and WHEREAS, The City Council adopted provisions in its development regulations which allow for a Development Agreement consistent with state law; and WHEREAS, Port Blakely intended to develop a mixed use industrial, commercial, residential and retail project and planned to provide a range of employment opportunities and the infrastructure systems to support them, and WHEREAS, Port Blakely filed with the City of Bremerton hereinafter ( "City "), a proposed Development Agreement; and WHEREAS, the City of Bremerton Planning Commission conducted a public meeting November 14, 2000, and passed Commission Resolution 2000 -06 recommending to the City Council approval of the Development Agreement, and WHEREAS, the Bremerton City Council, after a duly noticed public hearing on December 6, 2000, made appropriate findings and passed Ordinance No. 4740 approving the Development Agreement, which was recorded on January 8, 2001 under Kitsap County Auditor's File No. 200101080083, attached hereto as Exhibit B, and 1 Port Blakely Development Agreement - Termination WHEREAS, the Bremerton City Council, after a duly noticed public hearing on March 24, 2004, made appropriate findings and passed Ordinance No 4890 approving Amendment No 1 to Initial Development Agreement, which was recorded on May 21, 2004 under Krtsap County Auditor's File No 200405210329, attached hereto as Exhibit C, and WHEREAS, the City adopted a new Comprehensive Plan for the City on or about December 1, 2004 and designated the area as "Employment Center" on the City's land use map calling for a detailed development plan to be prepared prior to development, and WHEREAS, the City adopted a new Zoning Code on or about November 30, 2005 which zones the Property R -10* as a placeholder zoning until a detailed Centers Plan can be developed, and WHEREAS, The parties to the Three -Party Agreement determined that there was no longer a need for the agreement and therefore the Bremerton City Council passed Ordinance No 5086 approving the agreement terminating the Three -Party Agreement which was entered into by the parties in August, 2009, and WHEREAS, Concurrently with the agreement terminating the Three -Party Agreement, Kitsap County and the City of Bremerton entered into an interlocal agreement relating to the development and maintenance of an access road or roads to the Property, and WHEREAS, on or about December 28, 2009, Bremerton West Ridge, LLC ( "West Ridge ") acquired all of the property subject to the Development Agreement set forth in Exhibit A and is thereby successor in interest to said property, and WHEREAS, no development has occurred on the site following execution and recording of the Development Agreement, and WHEREAS, the scope of West Ridge development of the property has not yet been determined and is likely to be inconsistent with the Development Agreement and therefore West Ridge has requested that the Development Agreement be terminated, and WHEREAS, pursuant to the terms of the Development Agreement, any mayor modification of the terms of the Agreement must be processed in the manner in which the Agreement was processed and approved, and WHEREAS, the City held a public hearing on this ordinance terminating the Development Agreement, and WHEREAS, the City Council finds that termination of the Development Agreement would be consistent with and further the City's land use goals and policies for development of the area, NOW THEREFORE, 2 Port Blakely Development Agreement - Termination THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS. SECTION 1. The recitals set forth above are adopted and incorporated as if set forth fully herein SECTION 2. The City Council approves and authorizes the termination of the Development Agreement recorded under Kitsap County Auditor's File No. 200101080083 on January 8, 2001 and Amendment No 1 to Initial Development Agreement recorded under Kitsap County Auditor's File No 200405210329 on May 21, 2004, executed by and between the City of Bremerton and Bremerton West Ridge, LLC, successor in interest to the property set forth in Exhibit C previously owned by Port Blakely Tree Farms (Limited Partnership) Upon termination of the Development Agreement, the zoning for the property will default to the current zoning of R -10 *. SECTION 3. The Mayor is hereby authorized to execute and record any and all documents necessary to terminate the Development Agreement. SECTION 4. Severability If any one 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 S. 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 , 2011 WILL MAUPIN, Council President Approved this day of , 2011 PATTY LENT, Mayor ATTEST. APPROVED AS TO FORM- CAROL ETGEN, City Clerk ROGER A LUBOVICH, City Attorney 3 Port Blakely Development Agreement - Termination PUBLISHED the day of , 2011 EFFECTIVE the day of , 2011 ORDINANCE NO R \LEGAL\Files\Port Blakely Property\ Termination- Development Agreement - Ordinance doc 4 Port Blakely Development Agreement - Termination Area Subject to Port Blakely --Z - ->- Development Agreement - Exhibit A - -NW OAVID RD - z LU , 40 W KITSAP LAKE 00 Legend Port Blakely Roads Minor Roads Freeway State Routes City Streets Kitsap Lake 0 0125 025 05 075 1 C ity Limits Miles Mf r After Recording Return to 200101080083 Page 1 0#' 27 Davis Wright Tremaine LLP 81/68/2681 61 59P 2600 Century Square ELIZABETH C WILSON AGMT 134 66 Kitsap Co, WA 1501 Fourth Avenue Seattle, Washington 98101 -1688 Attn Thomas A Goeltz INITIAL DEVELOPMENT AGREEMENT Between PORT BLAKELY AND CITY OF BREMERTON Grantors Port Blakely Tree Farms (Limited Partnership), a Waslungton limited partnership, and City of Bremerton, a Washington municipal corporation Grantees Port Blakely Tree Farms (Limited Partnership), a Washington limited partnership, and City of Bremerton, a Washington municipal corporation Abbreviated Legal Description Portions of Section 7, 18 and 19 of Township 24 North, Range 1 East of W M in Kitsap County, Washington Additional Legal Description Attachment A Assessor Property Tax Parcel Account Numbers 072401 -4- 050 -2001 192401 -1- 002 -2002 182401 -1- 001 -2004 192401 -1- 003 -2001 182401 -1- 003 -2002 192401 -1- 004 -2000 182401 -1- 004 -2001 192401 -1- 005 -2009 182401 -1- 005 -2000 192401 -1- 006 -2008 182401 -1- 006 -2009 192401 -1- 007 -2007 182401 -1- 007 -2008 192401 -1- 008 -2006 182401 -1- 008 -2007 192401 -1- 009 -2005 182401 -3- 007 -2004 192401 -2- 001 -2001 182401 -4- 001 -2008 192401 -2- 002 -2000 182401 -4- 002 -2007 192401 -3- 002 -2008 182401 -4- 003 -2006 192401 -3- 003 -2007 182401 -4- 004 -2005 1924014- 007 -2001 182401 -4- 005 -2004 192401 -4- 008 -2000 182401 -4- 006 -2003 182401 -4- 007 -2002 182401 -4- 008 -2001 EXHIBIT B TABLE OF CONTENTS Page 1 PHASED PROJECT PLANNING .. 2 1 1 Sub -Area Plan and Three -Party Agreement 2 12 Current (Threshold) and Future Development Standards 3 13 No Development Until Master Plan 3 2 PROJECT DESCRIPTION 3 3 PROJECT ELEMENTS AND DEVELOPMENT STANDARDS 4 3 1 Zoning, Density and Intensity Standards. 4 32 Roads /Transportation Standards 5 33 Water and Sanitary Sewer Standards .5 34 Stormwater Standards . .. -.6 35 Open Space, Recreation and Trail Standards 6 36 Capital Facility Standards. 6 37 Other Standards 6 4 SEPA, MITIGATION 6 n 41 SEPA Determination for This Agreement. 6 42 Master Plan EIS 7 43 SEPA Review After Master Plan EIS 7 44 Mitigation 7 5 MASTER PLAN PROCESS 7 5 1 City Coordinator, Review 7 52 Content of Master Plan .. 8 53 City Review Procedure. .8 54 Schedule 9 5 5 Future City Processing of Implementing Approvals; Plats, Binding Site Plans 9 56 Grants, LIDS, Etc 9 6 TERM, VESTING, 9 61 Term 9 62 Vesting .. 10 6.21 Project Elements and Threshold Development Standards. .. 10 622 CAO and Stormwater Standards 10 623 Construction Standards .. ... 10 62.4 Review Fees ...... ... .. ..... 10 625 Other Fees 11 626 City's Reserved Authority .. 11 i 200101080083 Page 3 of 27 8I18811261 M 59P ELIZABETH C WILSON gGMT $34 60 kitsip Co, WA 63 Annual Review 11 64 Due Diligence 12 641 City Notice 12 642 Mediation 12 643 Mediation Report 13 644 Compliance with Court Decision or Mediation Report. 13 645 Joint Planning Process 14 7 GENERAL PROVISIONS 14 71 Governing Law, Interpretation, 14 72 Authority, Severability. .. 14 73 Integration, Amendment, Minor Modifications 14 74 Binding on Successors, Assignment, Enforcement 15 7 4 1 Binding Agreement 15 7 4 2 Assignment 15 7 4 3 Enforcement of Agreement 15 7 4 4 Development Standard Modifications 16 75 Recording 16 76 Headings, Attachments 16 77 PBC as Agent 16 78 Time Is of the Essence 16 79 Disputes, Default and Remedies 16 Q 7 9.1 Dispute Resolution. .16 7 9 2 Default and Remedies .. 17 7 9 3 Relief Against Defaulting Party or Portion of Property 17 710 Estoppel Certificate ... . . . .. 17 7 11 No Third Party Beneficiary 18 712 Cooperation 18 713 Delays 18 714 Notice 18 LIST OF ATTACHMENTS Attachment "A" — Legal Description of Property Attachment `B" — Map of Property Attachment "C" — SEPA Compliance for Implementing Approvals 200101080083 Page 3 of 57 N 91!08:'5001 6159P ELIZABETH C WILSC- I IT $34 09 Kitsap Co, WA DEVELOPMENT AGREEMENT THIS J R41TIA.L DEVELOPMENT AGREEMENT ( "Agreement ") is entered into effective ►w, ,%"% S , 2004, by and between the CITY OF BREMERTON, a Washington municipal corporation ( "City" or `Bremerton "), and PORT BLAKELY TREE FARMS (LIMITED PARTNERSHIP), a Washington limited partnership ( "Port Blakely"). RECITALS A Port Blakely owns approximately 440 acres located adjacent to the City boundaries and within the designated Urban Growth Area for Bremerton, as legally described in Attachment A ( "Property ") and shown on the map attached as Attachment B The City and Kitsap County each have approved the Port Blakely Sub -Area Plan for the Property, which is incorporated herein by this reference ("Sub - Area Plan") The City, Kitsap County and Port Blakely have entered into a Three - Party Agreement which deals with the annexation, processing and other matters relating to the Property, which is incorporated herein by this reference B Port Blakely desires to annex the Property into the City pursuant to Chap 35 13 RCW ( "Annexation Statute "), which authorizes the City to enter into an _ annexation agreement fixing the applicable zoning and other development standards Port Blakely has submitted its Annexation Petition for the Property, and the City has provided a Notice of Intent to Annex to the Boundary Review Board C Further, the legislature has authorized local governments to enter into a development agreement with the owner of real property to establish certain development rights (RCW 36.70B 170 et sec ., "Development Agreement Statute ") Bremerton has implemented the Development Agreement Statute in Bremerton Municipal Code (BMC) § 2102 900 D Bremerton also has adopted the "Mixed Used District" (MXD) zoning classification, which calls for adoption of a Development Agreement to set forth the uses and development standards in the MXD zone E This Agreement has been processed, considered and executed in accordance with City and State requirements for annexation and Development Agreements F Port Blakely intends to develop a mixed -use light industrial, commercial, retail and residential project ( "Project ") by providing a range of employment and housing opportunities that would respond to identified and evolving market conditions and the feasible capacity of planned infrastructure systems to support them -1 of 24- 200101080083 Page 4 of 27 81/08. 01 59P ELIZABETH C WILSON AG IT $34 09 Kitsap Co, WA G Bremerton has determined that the Project is a development for which this Agreement is appropriate, and desires to enter into this Agreement This Agreement will, among other things, eliminate uncertainty in long -term planning, provide for the orderly development of the Protect on a comprehensive basis consistent with the City's current Comprehensive Plan and the Sub -Area Plan covering the Property, provide for services appropriate for development of the Project, encourage an employment base with diversity of jobs, improve the City's obs- housing balance, effectively utilize resources within the City at a low economic cost to its citizens and otherwise achieve the goals and purposes for which the Annexation Statute and Development Agreement Statute were enacted. H In exchange for the benefits to Bremerton described in the preceding recital, together with other public benefits that will result from the development of the Project, Port Blakely will receive by this Agreement assurance that it may proceed with the Project in accordance with applicable law, and therefore desires to enter into this Agreement I Concurrent with the approval of this Agreement, the Bremerton City Council, after a duly noticed public hearing, made appropriate findings, including that execution of this Agreement furthers the public health, safety and general welfare, and that the development of the Property pursuant to the provisions of this Agreement are consistent with the City's Comprehensive Plan, Sub -Area Plan, and the Three- Party Agreement and the annexation ordinance for the Property J Following annexation, Port Blakely will develop a Master Plan and prepare a project -level EIS to further refine the Project Upon the City's adoption of the Master Plan, the City concurrently will consider and adopt additional Development Standards as amendments to this Agreement to implement the Master Plan AGREEMENT NOW, THEREFORE, in consideration of the promises, covenants, and provisions set forth in this Agreement, the parties agree as follows 1. PHASED PROJECT PLANNING 1.1 Sub -Area Plan and Three -Party Agreement This Agreement implements the Sub -Area Plan and Three -Party Agreement applicable to the Property as adopted by the City Council in Ordinance No. 4722 on September 20, 2000. Further, the ordinance adopting this Agreement acknowledges the adoption of the MXD zoning applied to the Property simultaneously with its annexation The City and Port Blakely intend the Sub -Area Plan and the Three -Party Agreement remain a part of this Development Agreement regardless of the outcome of any appeal of the Sub -Area Plan to the Central Puget Sound Growth Management Hearings Board, unless otherwise prohibited by law -2 of 24- 200101080083 Page ` of "c? 811'68,•1 61 59P 1.2 Current (Threshold) and Future Development Standards This Agreement incorporates by this reference, as if fully set forth herein, all of the "Performance Standards" and other conditions listed in the Sub -Area Plan and the obligations in the Three -Party Agreement (collectively adopted and referred to as "Threshold Development Standards" under this Development Agreement). Further, Port Blakely and the City will adopt additional future Development Standards as a result of the Master Plan to be prepared pursuant to Section 5 below These future Development Standards will cover subjects including but not limited to the following bulk, scale and dimensions, landscaping, parking and loading, road standards and circulation; and design guidelines Upon the City's adoption of the Master Plan, the City concurrently shall consider and adopt additional Development Standards as amendments to this Agreement to implement the Master Plan 1.3 No Development Until Master Plan. No development of the Property shall occur until the City's approval of the Master Plan and additional Development Standards by the, amendment of this Agreement 2. PROJECT DESCRIPTION The Project includes 440 acres, of which approximately 140 acres will remain x ` undeveloped due to critical areas, buffers and mitigation See § 4121 of Sub -Area Plan Development of the remaining approximately 300 acres will consist of a maximum of 2 25 million sq ft. of light industrial, commercial and related economic development land uses and up to a maximum of 100,000 sq ft of retail uses as described in the Sub -Area Plan, with the actual amount specified in the Master Plan based upon transportation analysis and the final amount of developable acres within the Protect See generally §§ 4121(1) & (S), §§ 4 4 21(1) -(8) of Sub Area Plan Further, the Project is authorized for a maximum of 900 detached single - family equivalent residences (or the equivalent of up to a maximum of 1,200 multi - family or mixed use residential structures) See § 4 1 21(6) of Sub -Area Plan. The parties agree to abide by the thresholds for development as set forth in the Three -Party Agreement, Subsections 6 1- 6 7 as quoted hereafter - 6 Sub -Area Plan Amendments Unless the parties agree, all parities will abide by the thresholds for development within the following sections of the Sub -Area Plan 61 Limitation on number of residences (900 single family —1,200 multi family in Sub -Area Plan § 4121(6) 62 Limitation of residential uses to no more than 113 of trips per 9 6 N Sub -Area Plan § 4.1 21(1) -3 of 24- 200101080083 Page 6 of B? III 01,09120a1 01 59P ELIZABETH C WILSON AGMT $34 00 Kitsap Co, WA N 63 Off -site traffic generation from uses established within the Project Area shall not exceed a total of 3, 000 P M peak hour trips per Sub -Area Plan § 4 3 21 (1) 64 Monitoring traffic and reporting at 1,500 P M peak hour trips per Sub -Area Plan § 4 3 21(2) 65 Limitation to 675 homes until pioneering businesses are developed per Sub -Area Plan § 4 4 21(2) 66 Retail uses shall be capped at 100, 000 square feet per Sub - Area Plan x'41 21(5) 67 Implementation of the recommendations (in the form of Master Plan policies or other mitigation measures adopted at the time of the Master Plan) of the following three environmental studies listed as Items 3, 4 and 6 in volume II of the Port Blakely Sub -Area Plan, unless those recommendations conflict with the goals, policies, performance standards or projects set forth in volume 1 of the Sub -Area Plan or with other EIS - related studies done for the Property Recommendation for the Protection of Aquatic Resources for the Port Blakely Kitsap Lake Joint Planning Area, Associated Earth Sciences, Inc (May 1999) (item #3), Comments on Recommendations for the Protection of 1 0 1 Aquatic Resources, Reinelt Consulting (June 14, 1999) (item #4), and Storm Water Management Recommendations, Associated Earth Sciences, Inc (July 21, 1999 (item #6). The Project as described in this Agreement and the Sub -Area Plan presents a general concept for development The City and Port Blakely recognize the precise location, amount, pattern and intensity of proposed development, locations and dimensions of roads or utilities, open space and trail corridors within the Property will be developed through the Master Plan Actual amounts, patterns and intensities of development within the Project will respond to market conditions as long as consistent with the overall Port Blakely concept, the Sub -Area Plan, the Three -Party Agreement, and the provisions of this Agreement 3. PROJECT ELEMENTS AND DEVELOPMENT STANDARDS The Protect Elements, "Performance Standards" listed in the Sub -Area Plan, and other development standards and mitigation set forth in this Agreement and any amendments hereto are collectively referred to as the "Development Standards," and include the following 3.1 Zoning; Density and Intensity Standards SPI-1- Upon annexation, the Property shall be zoned Mixed Use District ( "MM") under the Bremerton Municipal Code The Project will contain the light industrial, -4 of 24- 200101080083 11111111111111111111111111111111111111111111111111 Page ' . If 2? 6159P ELIZABETH G WILSON RGMT $34 08 Kitsap Co, WA commercial, retail and residential uses at the densities and intensities consistent with the Sub -Area Plan The general permitted and prohibited use categories for the industrial, commercial and retail portions of the Project are set forth in the Sub -Area Plan See § 41 21(5) of Sub -Area Plan More detailed use categories will be developed and adopted as part of the Master Plan The residential units may be developed as a mix of detached single family or the equivalent of attached residential units (i e, townhouse, condominium, duplex or multi- family units) at the ratio of 1 single family detached unit = 0 75 attached unit, not to exceed 1,200 attached units Authorized residential density ranges from 4 to 8 units /acres, except 8 to 16 units/ acre are authorized to support the Project's central mixed -use service /retail area See §§ 41 21(5) & (6) of the Sub -Area Plan The authorized 2 25 million square feet of mdustnal commercial uses and 100,000 square feet of retail uses refers to square feet of Gross Floor Area "Gross Floor Area" is defined as follows for purposes of this Agreement the number of square feet of total floor area bounded by the inside surface of the exterior walls of the structure measured at the floorlme excluding parking levels, vent shafts, elevator shafts, stairwells, courts, upper stones of atnums and lobbys, mechanical floors or areas, and outside balconies that do not exceed a protection of six feet beyond the exterior walls of the building 3.2 Roads/Transportation Standards The Sub -Area Plan establishes Performance Standards for offsite traffic generation, which are incorporated herein. See § 4 3 21 of Sub -Area Plan Further, the City and Port Blakely will implement the Master Transportation Agreement as set forth in Section 3 of the Three -Party Agreement. Road standards, access, circulation, parking, loading and related Development Standards will be developed as part of the Master Plan 3.3 Water and Sanitary Sewer Standards All development within the Project will be served by public water and sanitary sewer The City has issued a Conditional Water and Sewer Availability letter dated May 17, 2000, reflecting adequate capacity, facilities and supplies to provide water and sewer service to the Project upon satisfaction of specific conditions including provision of onsite and offsite system improvements. Water and sewer improvements required to serve the Project in phases are generally described in Table 13 of the Sub - Area Plan The City and Port Blakely will adopt mutually approved funding methods for sewer and water facilities to serve the Project Funding may include developer extensions with latecomer reimbursement systems, local improvement districts for other properties benefited by the improvements, credits against connection charges, participation in any future authorized tax increment financing, or other mutually approved funding methods -5 of 24- 200101080083 111111111111 �111 111111111111111111111111111111 Page 8 a£ 27 01/08/2001 01 59P ELIZABETH C WILSON AGMT $34 00 K i t sap Co, WA 3.4 Stormwater Standards The stormwater drainage system improvements shall be designed as part of the Master Plan using the City's code and stormwater manual as required under Table 2A of the Sub -Area Plan More stringent or alternative drainage standards may be required to the extent applicable under § 4 2 21(3) of the Sub Area Plan On -site portions of the storm drainage system will be dedicated to the City or maintained privately as determined in the Master Plan Off -site portions of the storm drainage system, such as along roads, will be dedicated to the appropriate junsdiction. 3.5 Open Space, Recreation and Trail Standards Required open space is established at approximately 140 acres (out of the total 440 acres) as described in § 4121(3) of the Sub -Area Plan Stormwater facilities and buffer crossing to accommodate utilities, trails and circulation may occur within the critical area buffers to the extent provided in Table 2A of the Sub -Area Plan See § 4121(3) of Sub Area Plan The Master Plan will include a coordinated system of active and passive recreation spaces, including trails or open space corridors that link major areas of the Project See § 4 2 21(1) of Sub -Area Plan 3.6 Capital Facility Standards The Level of Service standards and funding sources for roads, water, sewer, police, fire, parks /open space, schools and the other capital facilities and services set forth in Table 11 and elsewhere in the Sub -Area Plan are adopted for the Project 3.7 Other Standards Any other Performance Standards or other conditions specified in the Sub - Area Plan as Project requirements are incorporated herein by this reference Further, additional Development Standards will be developed as part of the Master Plan and added to this Agreement by amendment 4. SEPA; MITIGATION 4.1 SEPA Determination for This Agreement The City and County adopted a "Determination of Significance /Adoption of Prior Environmental Documents" for the Sub -Area Plan and Three -Party Agreement, including annexation The City continues to use phased review under SEPA (WAC 197 -11- 060(5)). The City has determined that this Agreement is within the prior SEPA determination for the Sub -Area Plan and Three -Party Agreement since the Project elements and Performance Standards and conditions of the Sub -Area Plan are being adopted hereby, and no new project elements or standards are being adopted with this Agreement An EIS will be required as part of the Master Plan. s�s 200101080 -6 of 24- 61/0 &'2661 WR 1 5SF ELIZABETH C WILSON 111 t;34 69 KitsaP C" J 4.2 Master Plan EIS Port Blakely will prepare a project -level EIS as part of the Master Plan. The EIS will be prepared by a third -party consultant selected by the City after County participation in the consultation selection process, and Port Blakely will reimburse the cost of the consultant See Sec 4 of 3 -Party Agm 4.3 SEPA Review After Master Plan EIS The City and Port Blakely intend that once the Master Plan EIS is completed, then that EIS will satisfy all SEPA requirements for build -out of the Project through Implementing Approvals (defined in Section 6 ) SEPA compliance for the Master Plan will have analyzed a "Protect Envelope" representing the maximum allowable Project densities and intensities described in Section 3 above using the Threshold Development Standards and mitigation measures approved in this Agreement, along with the additional future Development Standards to be adopted as part of the approval of the Master Plan ( "Project Envelope ") The Project Envelope will be implemented by a series of permits and approvals issued over a period of time, and SEPA compliance for Project implementation will be conducted pursuant to Attachment C . subject to future SEPA amendments to the extent they override vesting under development agreements �n 4.4 Mitigation. Any mitigation measures specified in the final EIS as needed to avoid significant adverse environmental impacts will become Project conditions of the Master Plan After completion of the Master Plan, the City and Port Blakely intend that compliance with the Development Standards and other provisions of this Agreement, as amended, will satisfy all applicable concurrency and level of service requirements and constitute adequate and sufficient public facilities and services for the Project unless modified by mutual consent 5. MASTER PLAN PROCESS Port Blakely and the City will prepare and consider adoption of a Master Plan for the Project under the following procedures - 5.1 City Coordinator; Review The City shall designate a lead person (either a staff person or City - retained consultant) to coordinate the Master Plan review, including SEPA compliance, engineering review, traffic analysis and other disciplines. Port Blakely will reimburse the City for the cost of staff or consultant work in the review, adoption and implementation of the Master Plan pursuant to a budget mutually approved by the City and Port Blakely 62% -7 of 24- 200101080083 Page 16 of 21' 01/08 /2001 01 59P ELIZABETH C WILSON RGMT 334 08 Kitsap Co, WA ° 5.2 Content of Master Plan The City and Port Blakely will undertake studies necessary to develop the Master Plan, such as a master drainage plan, environmental studies, transportation and engineering analysis, a perimeter buffer plan (see § 4130B of Sub -Area Plan), design guidelines for commercial structures (see § 41 30B of Sub -Area Plan), a monitoring plan (see § 4 2 20F of Sub -Area Plan), open space and critical area buffer monitoring (see § 4 2 30C of Sub -Area Plan), and other appropriate plans or studies Further, as provided in the Three -Party Agreement and Section 4 2 21(3) of the Sub - Area Plan, the City, Kitsap County and Port Blakely by mutual agreement will select and retain a third -party expert to evaluate the Master Plan EIS and environmental standards for onsite protections for fish resources and other critical resources As provided in the Three -Party Agreement, the City, County and Port Blakely each will pay one -third of the costs of retaining that third -party expert The City and Port Blakely wish to avoid a duplicative process with separate consultants and engineers for Port Blakely and the City Consequently, the City and Port Blakely intend to jointly designate independent consultants for these various plans and studies, which will be funded by Port Blakely pursuant to a mutually approved budget and form agreement 5.3 City Review Procedure. rx, The Master Plan shall be developed by utilizing the procedures applicable to development agreements under BMC 2102 900 and 21 02.850, i e. a Type III decision The Master Plan's adoption by the City Council shall be in the form of an amendment to this Agreement and shall add appropriate Development Standards for build -out of the Project The protect review will also comply with Sections 7 1 and 7 2 of the Three - Party Agreement as quoted hereafter 71 County Comment on Project Phases Kitsap County will be given the opportunity to review and comment upon the Master Plan and each phase of the project within the Property prior to approval by the City of Bremerton The contact person for the County who shall receive all notices and materials from the City shall be the Director of Community Development and delivered to the Kitsap County Courthouse, 614 Division St, Port Orchard, WA 98366, or such other address designated by the County If the Property is developed in phases, the County will complete its review within ten (10) working days after receiving the plans for each phase 72 Public Involvement Project review shall include public involvement and participation of interested property owners, Tribes and appropriate agencies and groups In -8 of 24- 200101080083 1111111111111111111111111111111111111111111111111111111 Page 11 of 2? atla$F2d01 81 59P 031 11 particular, the City during the environmental review process shall seek input from the Suquamish Tribe 5.4 Schedule. The City Coordinator and Port Blakely shall develop and periodically revise a schedule for completion of the Master Plan and EIS. Once the Master Plan is submitted to the City, the City shall use reasonable efforts to diligently approve it, including appropriate hearings and decision by the City Council 5.5 Future City Processing of Implementing Approvals; Plats; Binding Site Plans As part of the Master Plan, the City and Port Blakely will determine whether City processing of Implementing Approvals shall be conducted with a separate review team or modified review procedures, or whether applications should be processed under the City's existing code procedures In either event, the Threshold Development Standards set forth in this Agreement, as amended by the future Development Standards adopted concurrent with the Master Plan, shall be applied As part of the Master Plan, the City shall review the establishment of one or more binding site plans for industrial or commercial uses within the Project in accordance with RCW 58 17 020(7) and 040(4) Further, the City will consider adoption of short plat or long plat subdivision processes and boundary line adjustment provisions to 1 ,� , allow creation of legally conveyable lots 5.6 Grants, LIDs, Etc. The City and Port Blakely will cooperate and utilize their best reasonable efforts to aid and facilitate the arrangement of mutually beneficial financial mechanisms for the City, Port Blakely and subsequent users of the Property Such types of support might include, but not be limited to, the pursuit of revenue bonds, local improvement districts, latecomer agreements, grants and other subsidies. 6. TERM; VESTING; 6.1 Term The term of this Agreement shall continue for a minimum of twenty (20) years, and shall continue thereafter unless and until either the City or the Port Blakely (or successor owners which own at least 51 % of the Property by assessed value, excluding any City-owned land) gives notice of termination. The City's notice of termination shall use the same notice procedures which would apply to a rezone of the Project The City shall mail notice to the Port Blakely under Section 7 14 and to any business or homeowner association or community groups which the City in its sole discretion determines should receive notice, but the failure to provide notice pursuant to this sentence shall not affect the validity of the City's termination notice k x using rezone procedures nor subject the City to any liability. Notice by the Port -9 of 24- 200101080083 Page 12 of 2' 61/08/2001 @1 59F ELIZABETH C WILSON RGMT 934 00 Kitsap Co, 148 Blakely (or successors) shall be delivered to the City as provided in Section 7 14 of this Agreement No sooner than six (6) months after the notice of termination, the City shall hold public hearings and shall adopt zoning and related development standards for the Property Upon such adoption, this Agreement shall terminate and thereafter the Property shall be governed by the adopted City zoning and related development regulations. 6.2 Vesting 6.2.1 Project Elements and Threshold Development Standards The Sub -Area Plan and Three -Party Agreement established the general project elements and some of the initial performance standards applicable to the Port Blakely Project, all of which have been incorporated into this Agreement as Threshold Development Standards pursuant to Section 12 Consequently, in accordance with the Development Agreement Statute, Port Blakely is vested to the Project Elements and those incorporated Threshold Development Standards in Sections 1.2 and 3 during the term of this Agreement, as modified under Section 6.2 2 Further, after this Agreement is amended to adopt the additional Development Standards to be established by the Master Plan, and any other subsequent amendment of this Agreement, Port Blakely shall be vested to those additional Development Standards dunng the Buildout Period During the Buildout Period, all Implementing Approvals shall be governed by these vested Development Standards "Implementing O N Approvals" mean the applications submitted after adoption of the Master Plan for land use approvals, entitlements, and permits which implement the Project, including but not limited to permits for grading, site development, building, infrastructure, plats and boundary line adjustments, and other approvals During the Buildout Period, the City shall not modify or impose new or additional Development Standards, except as follows 6.2.2 CAO and Stormwater Standards Additional or modified Development Standards for critical areas or stormwater may be imposed on the Project based on expert recommendations to the extent provided in Section 4 2 21(3) and Table 2A of the Sub -Area Plan and Section 5 of the Three -Party Agreement. 6.2.3 Construction Standards All applications for Implementing Approvals shall conform to the most current versions of the Uniform Building Code, and Uniform Fire Code and similar construction codes. 6.2.4 Review Fees Except as otherwise provided in the adopted Master Plan, Port Blakely and other applicants shall pay the City fees in effect on the date each Implementing -10 of 24- 200101080083 11111111111111111111 Page 13 of 2? 61: 0��061 91 59P ELIZABETH C WILSON AGMT $34 69 Kitsap Co. WA Approval is submitted for processing The parties' execution of this Agreement acknowledges receipt of the filing fee for an application for a development agreement under the City's code 6.2.5 Other Fees Except as otherwise provided in the adopted Master Plan, all utility connection fees, impact fees (if adopted by the City), and other fees not specifically addressed by this provision shall be paid in accordance with the rules in effect on the date the fee - generating activity occurs, but the amount of such fees shall take into account the facilities installed by Port Blakely at its cost (and not at the cost of the utility) 6.2.6 City's Reserved Authority In accordance with RCW 36 70B 170(4), the City reserves the authority to impose new or different Development Standards to the extent required to prevent a serious threat to public health and safety In addition, the identical provisions of Section 5 2 of the Three -Party Agreement and Section 4 2 20(F) of the Sub -Area Plan apply as quoted hereafter During the Master Planning phase a monitoring plan will be 1 DI developed for stormwater discharge areas from the project (See Appendix Item 2, Task 11) The City will consult with the County, the Suquamish Tribe and other interested parties in developing the scope and duration of the monitoring plan for on -site and off -site impacts The data obtained through the monitoring plan will be made available to the County, Tribe and other interested parties The monitoring plan will have periodic evaluations, and f monitoring shows the project is causing significant adverse environmental impacts, then the project mitigation measures for subsequent phases will be adjusted 6.3 Annual Review After approval of the Master Plan, Port Blakely will submit an annual report summarizing the status of the Project to the City Council outlining its progress, infrastructure improvements completed during the preceding year, and general conditions at the Project Contents of the annual report shall include, but not be limited to the following • Brief synopsis of application submittal and review process for Implementing Approvals • Location and density of residential development as a result of Implementing Approvals and predicted near future progress -11 of 24- 200101080083 p,� 14 of di 59P ELIZABETH C WILSON RGIT $34 90 Kitsap Co, WA C Location and type of non - residential development resulting from ("Dan Implementing Approvals and predicted near future progress Location and type of open space and recreational facilities provided through the Implementing Approval process and predicted near future progress Location and type of on -site and off -site roads, utilities and other infrastructure provided to date and projected construction schedules of proposed infrastructure Pioneering fobs report as defined in the Sub -Area Plan and Section 8 of the Three -Party Agreement The jobs report will include analysis of completed and proposed actions being taken to prepare and market the employment sites and establishment of the threshold level of 500 pioneering jobs within the project The City's review and comments on Port Blakely's annual project review report will take place within thirty (30) days after Port Blakely's submittal Comments received from City departments will be referred to the City Coordinator for appropriate action If no comments are received from City departments within the review period, then the annual review will be deemed complete ,. 6.4 Due Diligence. 6.4.1 City Notice. The City and Port Blakely recognize that numerous requirements will affect the schedule and timing of development of the Project, including but not limited to the following infrastructure and utility planning, coordination, funding, permitting and installation, environmental data collection, market conditions and other forces beyond Port Blakely's control If the City believes Port Blakely is not diligently proceeding with the submission of the Master Plan and EIS, then at any time after 36 months from the effective date of tlus Agreement, as extended for any litigation, appeals or other causes beyond the reasonable control of Port Blakely, then the City may deliver a written notice to Port Blakely Any City notice will set forth the City's requested specific actions and proposed timetable for Port Blakely to complete the actions The requested actions and timetable shall be reasonable and reasonably capable of being accomplished If Port Blakely completes the actions within the timetable specified by the City, the Notice shall be deemed satisfied 6.4.2 Mediation. If Port Blakely and the City disagree over the actions or timetable in the City's notice, or if Port Blakely has not completed the items within the timetable specified in the City's notice, then either the City or Port Blakely can request 6,111 mediation The parties will pay equally the mediator's fees and expenses Within 14 -12 of 24- 200101080083 Page 15 of 27 O1. 61 59P ELIZABETH C WILSON AMT $34 ea Kitsap Co, WA days following a mediation request, the parties shall seek to mutually select a single mediator who is experienced in real estate permitting and development in the State of Washington If mutual selection does not occur within those 14 days, then the parties may seek appointment of an mediator through application to the Kitsap County Superior Court using the procedures of RCW 7 04 050, and the Court may select a mediator who meets the criteria of real estate experience set forth in the preceding sentence The mediator shall establish procedures for submission of information and hearing the positions of the City and Port Blakely and shall attempt to facilitate a resolution of disputes between the parties regarding due diligence The mediation will constitute settlement negotiations for purposes of all state and federal rules protecting disclosures made in settlement negotiations Communication and material submitted to the mediator are privileged and confidential and not subject to disclosure consistent with RCW 5 60 070 6.4.3 Mediation Report. If the parties do not reach mutual agreement through the mediation, then the mediator shall issue a written report within 60 days after selection of the mediator The written report shall not be binding on the parties, but shall contain the mediator's conclusions and recommendations on whether (a) Port Blakely has proceeded with due diligence or (b) Port Blakely should undertake additional reasonable actions, on a specific timetable which is reasonably capable of achieving, as set forth in the mediator's written report If either the City or Port Blakely disagrees with the mediator's report, including the reasonableness of the recommended actions or timetable or whether the recommended actions were achieved within the mediator's timetable, then either party may commence an action in superior court under Section 6 4 4 below to determine whether Port Blakely has met the due diligence provisions of this Section Any court action shall be commenced within thirty (30) days after the later of (i) the mediator's report or (ii) Port Blakely failure to complete the mediator's recommended actions within the recommended timetable The mediation report shall not be used in any court proceeding as evidence or for any other purpose without the written agreement of both the City and Port Blakely The mediator shall not be compelled to testify or to divulge communications obtained during the mediation, subject to the exceptions set forth in RCW 5 60 070, unless both the City and Port Blakely consent to such testimony 6.4.4 Compliance with Court Decision or Mediation Report. If (a) a court determines Port Blakely has met the due diligence provisions of this Section or (b) neither party appeals to superior court and Port Blakely completes the mediator's recommended actions within the recommended timetable, then the City's notice will be satisfied and this Agreement remains in full force and effect for the Term set forth in Section 6 1 If a court determines Port Blakely has not met the due diligence provisions of this Section as the court may modify the actions or extend the timetable in its discretion to meet due diligence, then i '= -13 of 24- 200101080083 Page 16 of 8138e-2681 81 5SP " ELIZABETH C WILSON AG IT $34 88 Kitsap Co WA the City thereafter shall have the right to terminate this Agreement through a joint planning process with Kitsap County as provided in Section 6 4 5 below 6.4.5 Joint Planning Process. The point planning process will determine appropriate amendments to the land uses and other provisions of the Sub -Area Plan for the Port Blakely Property, which may include but is not be limited to reallocating the industrial, commercial or residential uses to other sites This Agreement will remain in full force and effect until the effective date of any Sub -Area Plan amendment under this Section 7. GENERAL PROVISIONS 7.1 Governing Law; Interpretation; This Agreement shall be governed by and interpreted in accordance with the laws of the State of Washington This Agreement has been reviewed and revised by legal counsel for all parties and no presumption or rule that ambiguity shall be construed against the party drafting the document shall apply to the interpretation or enforcement of this Agreement 7.2 Authority; Severability Bremerton and Port Blakely each represent and warrant it has the respective *� power and authority, and is duly authorized to execute, deliver and perform its obligations under this Agreement The parties intend this Agreement to be interpreted to the full extent authorized by law as an exercise of Bremerton's authority to enter into such agreements, and this Agreement shall be construed to reserve to Bremerton only that police power authority which is prohibited by law from being subject to a mutual agreement with consideration If any provisions of this Agreement are determined to be unenforceable or invalid by a court of law, then this Agreement shall thereafter be modified to implement the intent of the parties to the maximum extent allowable under law If a court finds unenforceability or invalidity of any portion of this Agreement, the parties agree to seek diligently to modify the Agreement consistent with the court decision, and no party shall undertake any actions inconsistent with the intent of this Agreement until the modification to this Agreement has been completed If the parties do not mutually agree to modifications within forty -five (45) days after the court ruling, then either party may initiate the dispute resolution proceedings in Section 7 12 for determination of the modifications which implement the intent of this Agreement and the court decision. 7.3 Integration; Amendment; Minor Modifications This Agreement, along with the Sub -Area Plan and Three -Party Agreement, represent the entire agreement of the parties regarding the Property, and there are no 1 r other agreements, oral or written, except as expressly set forth in this Agreement Any 9 -14 of 24- 200101080083 Page 17 of 27 61/68/2661 81 59P ELIZABETH C WILSON AGMT $34 86 Kitsap Co, WA amendment to this Agreement must be approved by each of the following. (a) the City, (b) Port Blakely so long as it owns any portion of the Property and (c) a Designated Successor, if any, for a specified portion of the Property "Designated Successor" is a successor owner specified in writing by Port Blakely as such a successor or an association. No parcel owner or other person may seek an amendment of this Agreement except Port Blakely or except a Designated Successor as to that portion of the Property owned by the Designated Successor Criteria for Administrative Minor Modifications will be adopted as future Development Standards when this Agreement is amended concurrent with the Master Plan Nothing in this Agreement modifies the requirements or process for amending the Sub -Area Plan as set forth in Section 6 of the Three -Party Agreement 7.4 Binding on Successors; Assignment; Enforcement 7.4.1 Binding Agreement This Agreement shall be binding upon and inure to the benefit of the successors and assigns of Port Blakely and Bremerton All successors in title to all or any portion of the Property shall be bound by the terms of this Agreement 7.4.2 Assignment The parties acknowledge that development of the Project likely will involve sale and assignment of portions of the Property to other persons who will own, develop and/or occupy portions of the Property and building thereon Port Blakely shall have the right to assign or transfer all or any portion of the respective interests, rights or obligations under this Agreement or in the Protect to other parties acquiring an interest or estate in all or any portion of the Property, including transfer of all interests through foreclosure Oudicial or nonludicial) or by deed in lieu of foreclosure Consent by the Bremerton shall not be required for any transfer of rights pursuant to this Agreement Upon the transfer under this section, the transferee shall be entitled to all interests and rights and be subject to all obligations under this Agreement as to the property transferred, and Port Blakely shall be released of liability as to the property transferred. 7.4.3 Enforcement of Agreement The City may enforce this Agreement Port Blakely or any party responsible for development of the Protect designated by Port Blakely may enforce this Agreement so long as it owns any portion of the Property Any owner's association established by Port Blakely may enforce all provisions of this Agreement as it relates to portions of the Property covered by the association, at the earlier of (a) Port j Blakely's specific assignment of enforcement rights or (b) after the date Port Blakely has conveyed all portions of the Property to third parties. Each individual parcel owner may enforce the Development Standards and other provisions of this � Agreement as it directly affects that individual parcel. -15 of 24- 200101080083 Page 18 of 87 01/08!2001 01 59P ELIZRBETN C WILSON AGMT $34 09 Kitsap Co, WA ;4w 7.4.4 Development Standard Modifications Except where the City is authorized to impose additional Development Standards under Section 6 2, any modifications of Development Standards shall require the written consent of Port Blakely and the City 7.5 Recording Pursuant to RCW 36 70B 190, this Agreement or a memorandum thereof shall be recorded with the Kitsap County Auditor and dunng the term of this Agreement shall be binding on the parties, their successors and assigns 7.6 Headings; Attachments The headings in this Agreement are inserted for reference only and shall not be construed to expand, limit or otherwise modify the terms and conditions of this Agreement Attachments A through C are incorporated in the Agreement by this reference as if fully set forth 7.7 PBC as Agent Port Blakely hereby designates Port Blakely Communities, Inc ( "PBC ") as its agent with authority to give notices, approvals and otherwise act pursuant to this Agreement Unless otherwise stated by Port Blakely to the City, the representations and actions of PBC shall represent and bind Port Blakely. 7.8 Time Is of the Essence Time is of the essence of this Agreement and every provision hereof Unless otherwise set forth in this Agreement, the reference to "days" shall mean calendar days If any time for action occurs on a weekend or legal holiday, then the time period shall be extended automatically to the next business day 7.9 Disputes; Default and Remedies 7.9.1 Dispute Resolution In the event of any dispute relating to this Agreement, all parties upon the request of any other party shall meet within seven (7) days of the request to seek in good faith to resolve the dispute Bremerton shall send the appropriate department director and persons with information relating to the dispute, and Port Blakely shall send an owner's representative and any consultant or other person with technical information or expertise that relates to the dispute Any dispute covered by Section 9 of the Three -Party Agreement shall be governed by its terms and not this Section. -16 of 24- 200101080083 Page 19 of 27 8118Br2881 81 59P ELIZABETH C WILSQN Al MT $34 09 Kitsap Co, WA 7.9.2 Default and Remedies No party shall be in default under this Agreement unless it has failed to perform under this Agreement for a period of thirty (30) days after written notice of default from any other party Each notice of default shall specify the nature of the alleged default and the manner in which the default may be cures satisfactorily If the nature of the alleged default is such that it cannot be reasonably cured within the thirty (30) day period, then commencement of the cure within such time period and the diligent prosecution to completion of the cure shall be deemed a cure Any party not in default under this Agreement shall have all rights and remedies provided by law including without limitation damages, specific performance or writs to compel performance or require action consistent with this Agreement. 7.9.3 Relief Against Defaulting Party or Portion of Property In recognition of the anticipated sale(s) by Port Blakely of portions of the Property to others to own, develop and/or occupy within the Project Site, the remedies under this Agreement shall be tailored to the Property or parties as provided in the remaining provisions of this subsection. After the transfer of portions of the Property for which the release of liability provisions apply under Section 7.4.3 any claimed default shall relate as specifically as possible to the portion of the Property involved and any remedy against any party shall be limited to the extent possible to the owners of such portion of the Properly To the extent possible, Bremerton shall seek only those remedies which do not adversely affect the rights, duties or obligations of any other nondefaultmg owner of portions of the Property under this Agreement, and shall seek to utilize the severability provisions set forth in this Agreement 7.10 Estoppel Certificate Within thirty (30) days following any written request which any party or a Mortgagee may make from time to time, the other party to this Agreement shall execute and deliver to the requesting person a statement certifying that (1) this Agreement is unmodified and in full force and effect, or stating the date and nature of any modification; (2) to the best knowledge of the certifying party, (a) no notice of default has been sent under Section 7 9 2 of this Agreement or specifying the date(s) and nature of the notice of such default and (b) no written notice of mfracthon has been issued in connection with the Project; and (3) any other reasonably requested information. Failure to deliver such statement to the requesting party within the thirty (30) day period shall constitute a conclusive presumption against the party failing to deliver such statement that this Agreement is in full force and effect without modification or default except as may be represented by the requesting party) The delivery of estoppel certificate on behalf of Bremerton pursuant to this section shall be deemed an administrative matter and shall not require legislative action. -17 of 24- 200101080083 Page 26 of 27 61/68/2661 61 59P ELIZABETH C WILSON AGMT $34 69 Kitsap Co, WA yv 7.11 No Third Party Beneficiary This Agreement is made and entered into for the sole protection and benefit of the parties, their successors and assigns No other person shall have any right of action based upon any provision of this Agreement 7.12 Cooperation The parties shall reasonably provide information, approvals or consents under this Agreement The parties agree to take further actions and execute further documents, either jointly or within their respective powers and authority, to implement the intent of this Agreement Bremerton and Port Blakely will cooperate to achieve the mutually agreeable goals as set forth in this Agreement, subject to Bremerton's independent exercise of Judgment Where appropriate and consistent with applicable law, Bremerton shall be the lead agency under SEPA in implementing this Agreement and Implementing Approvals. Bremerton shall consider use of its eminent domain powers to facilitate implementation of this Agreement, subject to Bremerton's independent exercise of judgment following all applicable procedures necessary to use eminent domain power 7.13 Delays If either party is delayed in the performance of its obligations under this -031 Agreement due to force majeure, then performance of those obligations shall be excused for the period of delay 7.14 Notice All communications, notices and demands of any kind which a party under this Agreement requires or desires to give to any other party shall be in writing and either (i) delivered personally, (ii) sent by facsimile transmission with an additional copy mailed first class, or (iii) deposited in the U S mail, certified mail postage prepaid, return receipt requested, and addressed as follows If to Port Blakely PORT BLAKELY TREE FARMS LP 1325 Fourth Avenue, Floor 10 Seattle, WA 98101 Attn James E Warjone Telephone (206) 624 -5810 Facsimile (206) 624 -9745 With a copy to DAVIS WRIGHT TREMAINE LLP 2600 Century Square 1501 Fourth Avenue Seattle, Washington 98101 -1688 Attn. Thomas A. Goeltz r Telephone (206) 628 -7662 Facsimile (206) 628 -7040 -18 of 24- 200101080083 Page 21 ot 27 91168/2881 61 59P A T72o[TU r uil QfIN ar rtT SR4 AS Kitsm Co, UR If to Bremerton CITY OF BREMERTON Building and Planning Department 286 — 4th Street Bremerton, WA 98337 Telephone (360) 478 -5275 Facsimile (360) 478 -5278 With a copy to CITY OF BREMERTON City Clerk 239 — 4th Street Bremerton, WA 98337 Telephone (360) 478 -5290 Facsimile- (360) 478 -5200 Notice by hand delivery or facsimile shall be effective upon receipt. If deposited in the mail, notice shall be deemed delivered 48 hours after deposited. Any party at any time by notice to the other party may designate a different address or person to which such notice or communication shall be given IN WITNESS WHEREOF, this Agreement has been entered into between the City and Port Blakely as of the 5 day of 2004. PORT BLAKELY TREE FARMS (LIMITED P rTNERSHIP)l a Washington limited partnership By 4 dd irk President of Real Estate Division CITY OF BREMERTON a Washington municipal corporation By '\�� -,d 9-4� LyVS Horton, Mayor PROVED AS TO FORM By -C4&y i�S'Sw'7 C"'f �t ATTEST Kathl n McCluskey, City Clerk -19 of 24- 200101080083 Page 22 of 27 01r88l20d1 81 59P F117AAFTH C uIlSON RGMT $34 @0 Kitsap Co, WR LIST OF ATTACHMENTS Attachment A – Legal Description of Property Attachment B – Map of Property Attachment C – SEPA Compliance for Implementing Approvals STATE OF WASHINGTON ) ) ss. COUNTY OF KITSAP ) I certify that I know or have satisfactory evidence that LYNN S HORTON is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as the Mayor of the CITY OF BREMERTON to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument Given under my hand and official seal this , , E&) day of 1 2000. Type/Pnnt Name Ne ru ✓u ��„ •�SSI0Np� 9 �itj Notary Public in and for a State of r ,L Washington residing at r�C«e — .» ND * R �' My Commission expires S- /.5 D.2 PUBLIC N q: r5 -2 '�� ••...... aFWASN�� 0 2-I& A , -20 of 24- 200101080083 Page 33 of 27 01/68/2081 01 59P rlT7aacrW r UTi MN NRMT 434 88 Kitsap Co, WA STATE OF WASHINGTON ) ) ss COUNTY OF KITSAP ) 010 On this 4 day of : T an g , 2001( before me personally appeared JUDD KIRK, to me known to the President of the Real Estate Division of PORT BLAKELY TREE FARMS (LIMITED PARTNERSHIP), a Washington limited partnership, that executed the within and foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute and in fact executed said instrument on behalf of the corporation Given under my hand and official seal this 4/,b day of (- t n ya5jit 206 ` D O t %% Type/Pnnt Name nn M V 0 ;'i. Not Public in and for e_ State o F AA : Washington residing at C4.-74 QA Q .0 NQTARY "9N: My Commission expires 9 � v � i 2 9 (�_: OFWPS 200101080083 Page 24 of 27 81/68/2881 8159P ELIZABETH C WILSON AGMT #34 68 Kitsap Co, WA -21 of 24- ATTACHMENT A LEGAL DESCRIPTION OF PROPERTY That portion of Sections 7, 18, and 19 of Township 24 North, Range 1 East of the Willamette Meridian in Kitsap County, Washington, described as a whole as follows Beginning at the section comer common to Sections 17, 18, 19 & 20 of said Township and Range; thence along the east line of said section 18, North 02 °33 East 2650.40 feet to the east %4 section corner of said Section 18; thence continuing along said east line of said Section 18, North 02 °13'37" East 2665 51 feet to the section comer common to Sections 7, 8, 17 & 18 of said Township and Range, thence along the east line of said Section 7, North 03 °14'29" East 273.70 feet; thence South 49 °06'36" West 394.86 feet, thence South 22 °15'57" West 435 82 feet, thence South 51 °04'39" West 573 87 feet, thence South 72 °21'49" West 28190 feet to the beginning of a 113 foot radius curve to the right, thence northwesterly along said curve an arc distance of 212 28 feet through a central angle of 107 °38'11 ", thence North 208.41 feet to the beginning of a 80 foot radius curve to the left, thence northwesterly along said curve an arc `Ark: distance of 159 10 feet through a central angle of 113 °56'42 ", thence South 66 °03' 19" West 372 14 feet; thence South 24 °07' 12" West 254 43 feet; thence South 38 °38' 11" West 566 66 feet, thence South 05 °05'55" West 1897 32 feet; thence South 12 °50'21" West 833 49 feet, thence South 07 West 495.35 feet, thence South 46 °57'31" West 323 73 feet, thence South 33 °30'41" West 410 75 feet, thence South 17 °32'08 "West 860.92 feet; thence South 07° 42'01" West 2094 94 feet to the beginning of a 599.00 foot radius curve to the left; thence southeasterly along said curve an arc distance of 1356 06 feet through a central angle of 129° 42'36 ", thence North 57 0 59 1 25" East 911.61 feet; thence North 61 0 35'44" East 692.67 feet to the beginning of a 1239.00 foot radius curve to the left, thence northeasterly along said curve an arc distance of 946.35 feet through a central angle of 43 °45'45 "; thence North 17 °49'59" East 1763 31 feet to the point of beginning. 20010108008 III page 25 of 27 01!08!2001 01 59P ELIZABETH C UILSON AGMT f34 Be Kits* Co, UA -22 of 24- ATTACHMENT B MAP OF PROPERTY 8 18 17 N « Y Z t �trA _ *r G � 5 . �E m- .r CR 17 • mo _ -• �• 19, 20 no roamm GhtL section rine Proposed Devdopment port Blakely 0 600' 1200' Boundary 1' -1200' N Taporawy ftm ere a,d spa Joint Planning Area -23 of 24- 200101080083 Page 26 of 21 @1106/2681 01 59P ELIZABETH C WI1 A1 MT $34 96 Kitsap Co, WA , ref K , ATTACHMENT C SEPA COMPLIANCE FOR IMPLEMENTING APPROVALS Upon receipt of any application for an Implementing Approval (defined in Section 6 2) , the City shall undertake SEPA compliance as follows Step 1 - Project Envelope Determination. First. the City shall determine if the requested Implementing Approval applied for is within the Project Envelope The City can request the applicant to provided reasonable information (including for convenience an environmental checklist even if a threshold determination is not required under this Step 1) to the extent needed to determine the requested action is within the Project Envelope If so, then the existing SEPA documents and analysis shall be utilized and no further SEPA threshold determination is required see WAC 197- 11- 600(4)(a)) "Agencies acting on the same proposal for which an environmental document was prepared are not required to adopt the document ") If the application is beyond the Project Envelope, then a threshold determination is required under Step 2 below Step 2 - Threshold Determination. If the requested Implementing Approval exceeds the Project Envelope, then the City shall prepare a threshold determination, taking into account the existing SEPA documents and analysis and the governing Development Standards under this Agreement which address environmental mitigation for the Project Any studies or other information requested by the City from the applicant shall relate only to those potential impacts not adequately covered by the existing SEPA documents and analysis. The City shall issue a determination of non - significance (DNS) or a mitigated DNS (MDNS) utilizing an addendum or incorporating the prior SEPA documents and analysis to the fullest extent possible, except an addendum or supplemental EIS (SEIS) shall be required if the conditions in Step 3 are present The City's approval of mirror modifications under Section 7 3 of the Agreement shall not be deemed a significant change which would require an SEIS Step 3 - SEIS. The City shall prepare an addendum or SEIS if there are 3 1 Substantial changes to the Project so that the proposal or Protect Envelope described in the existing SEPA documents and analysis are likely to have significant adverse environmental impacts not previously analyzed and which cannot be mitigated through the Threshold Development Standards applicable to the Project (or revisions, additions and amendments to those Development Standards), or 32 New information indicating the Project is likely to have significant, adverse environmental impact not previously analyzed in the existing SEPA documents and analysis and which cannot be mitigated through the Threshold Development Standards applicable to the Project (or revisions, additions and amendments to those Development Standards) If an addendum or SEIS is required, the City shall limit the scope thereof to the impacts which required the additional analysis (e g the City shall utilize a focused scope and EIS) Step 4 - Modified Development Standards. If the SEIS discloses additional mitigation is required to avoid a serious threat to public health and safety hazards, then the Development Standards applicable to the Project may be modified ® —24 of 24- 200101080083 Page 27 of 27 61/6812661 61 55P TERMINATION: DEVELOPMENT AGREEMENT (Port Blakely Properties) This Termination Development Agreement ( "Termination Agreement "), entered into by the CITY OF BREMERTON, a Washington municipal corporation ( "City ") and BREMERTON WEST RIDGE, LLC., a Washington limited liability corporation ( "West Ridge ") on the date fully executed below, is intended to terminate that Development Agreement entered into in January 5, 2001 by and between the City and Port Blakely Tree Farms (Limited Partnership) RECITALS A During 2000, Port Blakely Tree Farms (Limited Partnership), hereinafter ( "Port Blakely ") owned certain real property consisting of approximately 440 acres identified in Exhibit A attached hereto ( "Property "); and B September, 2000, Kitsap County, the City of Bremerton and Port Blakely Communities, as agent for Port Blakely Tree Farms (Limited Partnership), entered into an agreement consisting of terms and conditions relating to comprehensive plan policies, annexations and further consisting of a development agreement relating to the Property ( "Three Party Agreement "), and C. December 6, 2000, the City of Bremerton annexed the Property identified in Exhibit A; and D The legislature of the state of Washington enacted RCW 36 70B 170 through 36 70B.210 (the "Development Agreement Statute), which authorizes a local government to enter into a development agreement with the owner of real property regarding the development of such property and establishing certain development rights, and E The City Council adopted provisions in its development regulations which allow for a Development Agreement consistent with state law, and F Port Blakely intended to develop an Industrial Park and planned to provide a range of employment opportunities and the infrastructure systems to support them, and G Port Blakely filed with the City of Bremerton hereinafter ( "City "), a proposed Development Agreement; and H The City of Bremerton Planning Commission conducted a public meeting November 14, 2000, and passed Commission Resolution 2000 -06 recommending to the City Council approval of the Development Agreement; and 1 Termination: Development Agreement I The Bremerton City Council, after a duly noticed public hearing on December 6, 2000, made appropriate findings and passed Ordinance No 4740 approving the Development Agreement, which was recorded on January 8, 2001 under Kitsap County Auditor's File No. 200101080083; and J The Bremerton City Council, after a duly noticed public hearing on March 24, 2004, made appropriate findings and adopted Ordinance No. 4890 approving Amendment No. 1 to Initial Development Agreement, which was recorded on May 21, 2004 under Kitsap County Auditor's File No 200405210329, and K. The City adopted a new Comprehensive Plan for the City on or about December 1, 2004 and designated the area as "Employment Center" on the City's land use map calling for a detailed development plan to be prepared prior to development; and L The City adopted a new Zoning Code on or about November 30, 2005 which zones the Property R -10* as a placeholder zoning until a detailed Centers Plan can be developed; and M The parties to the Three -Party Agreement determined that there was no longer a need for the agreement and therefore the Bremerton City Council passed Ordinance No 5086 approving the agreement terminating the Three -Party Agreement which was entered into by the parties in August, 2009, and N. Concurrently with the agreement terminating the Three -Party Agreement, Kitsap County and the City of Bremerton entered into an interlocal agreement relating to the development and maintenance of an access road or roads to the Property; and O On or about December 28, 2009, Bremerton West Ridge, LLC ( "West Ridge ") acquired all of the property subject to the Development Agreement set forth in Exhibit A and is thereby successor in interest to said property, and P No development has occurred on the site following execution and recording of the Development Agreement, and Q West Ridge's anticipated development of the property is inconsistent with the Development Agreement and therefore has requested that the Development Agreement be terminated; and R Pursuant to the terms of the Development Agreement, any major modification of the terms of the Agreement must be processed in the manner in which the Agreement was processed and approved; and S. On August _, 2011, the City Council held a public hearing and following the hearing passed Ordinance No 50_ authorizing termination of the Development Agreement, 2 Termination: Development Agreement NOW THEREFORE, the City of Bremerton and West Ridge agree as follows - 1 The recitals set forth above are adopted and incorporated as if set forth fully herein 2 Each by their signatures below, the City and West Ridge approve termination of the Development Agreement 3 This Termination Development Agreement is effective on the date fully executed below As of the effective date of this Termination, the Development Agreement is of no further force or effect 4 This Termination- Development Agreement may be signed in counterparts, which taken together shall constitute the complete termination Signature by the parties transmitted via facsimile or electronic format shall be acceptable and binding IN WITNESS WHEREOF, the City and West Ridge have executed this Termination. Development Agreement. CITY OF BREMERTON, a Washington BREMERTON WEST RIDGE, LLC. municipal corporation a Washington limited liability corporation By By. PATTY LENT, Mayor , President Date- Date 345 Sixth Street, Suite 600 Bremerton, WA 98337 , WA 98 Phone (360) 473 -5266 Fax (360) 478 -5200 Phone (206) Fax (206) ATTEST: Approved as to form: By By: CAROL ETGEN, City Clerk ROGER A. LUBOVICH, City Attorney Date Date R \Legal\Legal\Files \Current Active Files\Port Blakely Property \Termination- Development Agreement doc 3 Termination: Development Agreement Area Subject to Port Blakely - - -_ - - -: . Development Agreement - Exhibit -: -0 - NW DAVI RD z LU >1 Q 9 W KITSAP LAKE Legend Port Blakely Roads Minor Roads Freeway State Routes City Streets Kitsap Lake 0 0125 025 05 075 1 City Limits M les AGENDA BILL CITY OF BREMERTON CITY COUNCIL 71A Oo. 5158 SUBJECT: Mobile Food Vendor Ordinance Study Session Date July 27, 2011 update COUNCIL MEETING Date August 3, 2011 Department Finance Presenter Becky Hasart Phone 360 -473 -5722 SUMMARY: The City of Bremerton recently updated our ordinance in relation of street vendors to include language that clarifies licensing requirements and site location requirements These updates did not address or apply to mobile vendors Mobile vendors are different from street vendors in that mobile vendors are motorized units that may set up in any legal parking space on City streets They must adhere to existing traffic, licensing, and parking regulations Unlike street vendors, they do not have minimum distance restrictions from other existing businesses The attached ordinance clarifies licensing, insurance, and safety requirements for mobile vendors operating within Bremerton City limits These updates are designed to improve safety standards for the vendor's customers without impeding traffic flow However, after presentation to the Finance Committee, staff does not have a recommendation either for or against any distance restrictions from existing businesses Should Council choose to impose distance restrictions after discussion, these updates can be easily incorporated into the proposed ordinance update ATTACHMENTS: Ordinance No 5158 amending Chapter 5 16 of the Bremerton Municipal Code entitled Temporary Merchants, Peddlers, and Mobile Food Vendors FISCAL IMPACTS (Include Budgeted Amount) None APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR _ RECOMMENDED MOTION: Move to approve Ordinance No 5159 of the City Council of the City of Bremerton, Washington, amending Chapter 5 16 of the Bremerton Municipal Code entitled Temporary Merchants, Peddlers, and Mobile Food Vendors STUDY SESSION ACTION: ❑ �C nt Agenda (T General Business ❑ Public Hearing COUNCIL PRESIDENT COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action i ORDINANCE NO. 51 15 13 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Chapter 5.16 of the Bremerton Municipal Code entitled Temporary Merchants, Peddlers and Mobile Food Vendors - WHEREAS, the City Council desires to update the provisions of Chapter 5 16 of the Bremerton Municipal Code relating to Temporary Merchants, Peddlers and Mobile Food Vendors, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS SECTION 1. Chapter 5 16 of the Bremerton Municipal Code entitled "Temporary Merchants, Peddlers and Mobile Food Vendors" is hereby amended to read as follows Chapter 5.16 TEMPORARY MERCHANTS, PEDDLERS AND MOBILE FOOD VENDORS 5.16.010 DEFINITIONS. In construing the provisions of this chapter, the following definitions shall be applied (a) "Peddler" means any person, either as agent, employee or principal, who carries goods, wares or merchandise of whatever nature or description or any person who offers services from house to house, building to building, or upon any street, highway or public place within the City for the purpose of selling such goods, wares or merchandise or sohcitory orders for the same. Exempt from the meaning of this definition shall be newspapers (b) "Temporary merchant" means and includes anyone who, with intent to engage temporarily, transiently or itinerantly in such business in the City, sells goods, wares or merchandise or offers services and has no permanent location within the City, provided, a farmer, gardener, or other person who sells, delivers or peddles any fruit, vegetables, berries, eggs or any farm produce or edibles raised, gathered, produced or manufactured by such person is exempt from requirements of this chapter (c) "Vending of food from mobile unit" means a mobile unit travelling City streets for the purpose of selling edible merchandise Exempt from the meaning of this definition shall be those mobile units used specifically for the delivering only of food pursuant to orders taken at an established place of business 5.16.020 LICENSE - REQUIRED. It is unlawful to engage in business as a peddler or mobile food vendor in the City without first obtaining a regulatory license in addition to a business license It is unlawful to engage in business as a temporary merchant without first obtaining a regulatory license A temporary merchant regulatory license shall be issued in lieu of a business license and licensee shall be exempt from payment of City business and occupation taxes 1 BMC 5.16 Temporary Merchants, Peddlers and Mobile Food Vendors 5.16.030 LICENSE - TERMS. (a) Temporary Merchants This license shall not exceed thirty (30) days in duration A temporary merchant's license will be issued only twice in a calendar year If a temporary site is used for itinerant sales, it must be situated on private property The site and any temporary structure excluding motor vehicles and trailers, must be approved by the building official and planning and fire departments before license issuance (b) Peddlers The fee for a peddler's license shall not be prorated for any part of a license year The license must be carried by the vendor (c) Mobile Food Vending This license is required for each vehicle The vehicle license plate number must be submitted and will be printed on the regulatory license The license must be posted inside the vehicle Vendors are responsible for notifying the Crty, in wntmg_ of an license plate number changes 5.16.050 LICENSE - INSPECTION. Any person engaging in the business of peddling, temporary merchant or mobile vending, as defined in this chapter, who has obtained a license therefor from the City Clerk, shall on demand by any police officer or business and occupations tax license official forthwith produce the same for inspection. 5.16.060 SPECIAL CONDITIONS - MOBILE FOOD VENDORS. (a) Vendors from mobile units shall not use radios or any other sound devices to attract public attention unless in accordance with chapter 6.32. (b) A receptacle of adequate size shall be provided on such unit for the deposit of refuse (c) The owner or operator of such mobile food vending unit shall fully comply with any and all federal, state and City laws regarding the purity of such food and the cleanliness of such unit (d) A certificate of insurance naming the City as additional insured for eg neral liability coverage and evidencing_ proof of automobile liability coverage shall be provided before license issuance and subsequently kept current }1 The minimum eg_neral liability coverage mas4 shall be $500,000-00 combined single limit bodily injury and property damage and shall include products liability 6-r2) The minimum automobile liability coverage shall be $500,000 combined single limit per accident for bodily injury and property damage (e) Vending shall occur only on the curbside of the vehicle and shall not impede adjacent parking stalls if conducting business on a city right -of -way ( Customer lines for service shall not impede pedestrian traffic nor shall they encroach into the roadway or interfere with vehicular traffic. (g) Mobile vending units shall not park in locations that will create site distance _problems for traveling motorists (h) No signs are allowed on areas adjacent to or outside the mobile vending unit Signs are allowed on the immediate structure of the mobile vending unit (i) Vendors shall obey all traffic laws and will comply with the Bremerton Municipal Code 2 BMC 5.16 Temporary Merchants, Peddlers and Mobile Food Vendors SECTION 2. Severabdq If any one or more sections, subsections, or sentences of tlus Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect - SECTION 3. _Effective Date This ordinance shall take effect and be in force ten - (10) days from and after its passage, approval and publication as provided by law PASSED by the City Council the day of 5 2011 WILL MAUPIN, Council President Approved this day of 9 2011 PATTY LENT, Mayor ATTEST APPROVED AS TO FORM CAROL ETGEN, City Clerk R ERA LUBOVICH, Ci y PUBLISHED the day of , 2011 EFFECTIVE the day of , 2011 ORDINANCE NO R \Legal \Legal \Ordinances\Fmance\Mobile Vendors 2011 doc 3 BMC 5.16 Temporary Merchants, Peddlers and Mobile Food Vendors AGENDA BILL CITY OF BREMERTON CITY COUNCIL 78 . ........................................................ ............................... SUBJECT: Agreement with Prothman Study Session Date July 27, 2011 Company for Interim Public Works Director COUNCIL MEETING Date August 3, 2011 Department HR/DFS Presenter Becky Hasart Phone 360 -473 -5722 SUMMARY: The City of Bremerton wishes to engage the Prothman Company to provide Interim Public Works Director services while the City recruits for a permanent employee to fill the Director's role This position would be paid by the Prothman Company but the incumbent would serve at the City's direction The City may cancel these services at any time without penalty The interim candidate, Alan Lobdell, has direct experience as a Public Works Director Nth Washington cities Mr Lobdell will be allowed to apply for the permanent position but would not have preference based on his interim appointment If the City engages the Prothman Company to assist with the permanent replacement and Mr Lobdell is the successful candidate, the City would not be subject to the Finder's Fee clause of the attached agreement Mr Lobdell was not part of the assessment team during the 2009 Prothman Company analysis of City operations ATTACHMENTS: Letter agreement with the Prothman Company and Mr Lobdell's resume FISCAL IMPACTS (Include Budgeted Amount) Mr Lobdell's services are hourly at $70 paid to the Prothman Company The City will pay Mr Lobdell directly $25 per day for travel expenses All other fringe benefits and taxes are inclusive in the $70 per hour and will be paid by the Prothman Company This amount is a wash with the former Public Works Director's hourly salary and benefits APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY — --- FINANCE DIRECTOR RECOMMENDED MOTION: i Move to authorize the Mayor to finalize and execute the agreement with the Prothman Company for Interim Public Works Director services with substantially the same terIns and conditions as AArY°X- presented -�� 0.�Y`C,�� w�11 b2 l�✓h�i�.d -ho La-. _ Ja- S �4 STUDY SESSION ACTION: ❑ C n ent Agenda � General Business ❑Public Hearing � COUNCIL PRESIDENT COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action i i I PROTHMAN July 29, 2011 Ms Patty Lent Mayor City of Bremerton 345 6th Street, Suite 600 Bremerton, WA 98337 Dear Mayor Lent Thank you for the opportunity to provide interim management services to the City of Bremerton Below is our standard agreement for providing Interim services Would you please sign and return a copy to our offices Please call me If you have any questions Term. The term of this Agreement is ongoing, provided the City may terminate this agreement at any time Prothman Interim Public Works Director. The Prothman Interim Public Works Director serves as a Prothman Company employee assigned to the City of Bremerton and shall perform such duties as assigned by the City The City shall have the right to direct the Prothman Company to replace the Interim Public Works Director at any time Employer Duties of the Prothman Company. The Prothman Company shall provide a Prothman Company employee qualified to act as the City's Interim Public Works Director during the term of the contract The Prothman Company shall (1) pay all wages and other remuneration to Its employee who Is provided under this Agreement, (2) prepare and file all payroll tax returns and reports, (3) pay all amounts due and owing pursuant to the payroll tax returns and reports, (4) prepare, file, and furnish to the employee applicable employee tax forms, and (5) prepare and file, with a copy to the City, applicable employer tax forms Duties of the City. When applicable, the City shall provide a work place for the Interim Public Works Director and maintain the work place in accordance with applicable health and working standards, notify the Prothman Company Immediately of all employee Injuries and provide reimbursement to the Interim Public Works Director for costs incurred as a result of performing City business such as mileage, travel expenses and other similar costs at the normal City rates and in accordance with the City's cost reimbursement policies applicable to City employees Fees & Expenses. The Interim Public Works Director's hourly rate is $70 00 for each hour worked by the Interim Public Works Director The City also agrees to pay $25 per day for travel expenses directly to the Interim Public Works Director Invoices are due within twenty (20) days of receipt A 3% charge will be added reflecting City of Bremerton and State B&O tax Delinquent payments will be subject to a late payment charge of 12% (annual) and which will be applied to any unpaid balance owed commencing seven (7) days after the payment due date Finder's Fee. If the City chooses to hire the Interim Public Works Director as a regular City employee, the City agrees to pay the Prothman Company the percentage of the starting annual salary based upon the length of the assignment with the City as represented below 0 to 12 months - 15% After 13 months -10% 206 368 0050 0 371 NE Gilman Blvd, Suite 350 Issaquah, WA 98027 < www prothman com Indemnification. The Prothman Company shall indemnify, defend, and hold harmless the City for the purposes of all required payroll deductions and withholdings, legally required workers' compensation insurance and other employee benefits The City releases and agrees to indemnify, defend, and hold harmless the Prothman Company, the employees of the Prothman Company, and personnel, directors, and officers of the Prothman Company from any and all actions, claims, damages, or injuries to persons or property, penalties, obligations or liabilities ansing out of or related to the services performed by the interim employee that are under the control of the City and are within the course and scope of City employment The Prothman Company releases and agrees to indemnify, defend, and hold harmless the City, its officers, employees and consultants, from any and all actions, claims, damages, or injuries to persons or property, penalties, obligations or liabilities ansing out of or related to the acts or omissions of the interim employee that are not under the control of the City or are not within the course and scope of City employment If the City is notified or becomes aware of any alleged improper or illegal activities by the interim employee the City shall notify the Prothman Company immediately Accepted by CITY OF BREMERTON PROTHMAN 07/29/2011 Patty Lent Date Gre rothman Date Mayor President O�ROTHMAN 2 12818 SE 201st Street ALAN E. LOWELL, P.E. Kent, WA 98031 lobdellengineer @juno.com C: 206 - 372 -8652 Professlonal Civil Engineer /Director of Public Works /City Engineer with extensive experience in city and county government including but not limited to public works, engineering, parks, administration, finance, project/program /budget management, legal /regulatory compliance and operations. Highly proficient Public Works/ Engineering Director — Manager spec departments and turning around low producing units. Solid decision mar maker and In leader p who leads by example and teaches, mentors and empowers employees while keeping an open mind to new Ideas and suggestions from staff and elected officials. Qualifications ♦ Extensive experience and knowledge of Public Works /Engineering management and operations • Licensed Professional Civil Engineer in Washington and Oregon • 5 years working with Corps on flood control, wastewater treatment plants, etc ♦ Knowledge of advanced civil engineering techniques in roads, water, sewer, storm, flooding etc ♦ 10 plus years experience as project manager on mayor construction projects around WA State ♦ 10 plus years of business development of Federal funded projects ♦ Extensive experience on managing federal funded project ♦ Extensive experience in liaison between Cities, consultants and contractors during construction ♦ Extensive experience In budget development and management of departments and construction ♦ Extensive experience organizing departments and construction projects. Innovator and problem solver who never says "it can't be done." ♦ Identified /utilized new application for PVC pipe that saved $2 million and garnered international recognition ♦ Took "impossible" project from greenfield to completion in 6 months vs 2 standard and 50% under budget. ♦ Identified and prevented possible legal action over $22 Million Wastewater Treatment plant ♦ Led startup of Public Works /Engineering as Public Works Director /City Engineer for new City • Highly experienced in CA (LAG Manual) and Federal Aid Project Management Unique blend of technical, business and legal acumen with reputation for excellence. ♦ Managed $100+ million in federal grant projects, including funding, design, construction and recordkeeping. ♦ Directed $1 3 million project and captured $1 3 million add -on business at 25% margin vs 10% average ♦ Led design /build of 75+ miles of city streets/public utilities ♦ Designed county's 1st hazardous waste disposal site in compliance with EPA, DOE, Dept of Fisheries etc ♦ Flood Control Engineer responsible for repair of over $20 million in flood damage Created flood prediction charts. ♦ Managed design, permitting, wetland mitigation to get new $34 million Wastewater Treatment Plant ♦ Managed budgets, six year street plans, capital facilities plans, federal grants, LIDS, etc • Saved city $500k by protecting city's interest during major fiber optic cable installation ♦ Oversaw construction of 7 miles of major highway (10 intersections, up to 9 lanes, on time and budget) ♦ Extensive work with unions, budgets, and other departments within cities and counties PROFESSIONAL EXPERIENCE Snooualml% WA: a blic yl/o Director /City En.+i..ss Port Orchard WA Public Wo Enolneer• Muldl eo w e ■ ��s Direct c Works !hector /Gifu Engineer: Sammamlah. • A• Public Werkae Director/Ci Enafneer. Snoqualmle: 10/08 -11/09 Under contract to re- organize and manage public works department that had gone astray in a number of areas This included reviewing the budget to see what mayor projects needed to be dropped, organize work schedules for crews, deal with unions over a number of grievances, remove an employee whose position had been dropped from the budget, work with 26 consultants holding contracts with the city, oversee new city hall construction, dealing with two major floods within three months of each other, working with two Indian Tribes over services and new construction, apply for federal funds for several projects that lacked funding, work with EDA on grant that had been mismanaged pnor to me arriving and many other items involving a city Working with a diverse city council to correct all problems and create a smooth running department so that a permanent director could be hired My contract did not allow me to apply for the position. loft Port Orchard: 8/04 -5/05 Under contract to organize the public works and engineering department and coordinate city contracts so that a new permanent director could come in and take over. Oversaw a staff of 21 and was able to detect a major problem in the construction of a $20 million wastewater treatment plant Orchestrated the removal of the engineering consultants doing the construction management of the treatment plant and hired a new company who could get the job done correctly Saved the city a multi - million dollar legal action. Restructured the engineering division and updated all plans, specs, manuals, computer programs, etc. to allow for more efficient use of personnel bme Mukillteo, WA: 4/99 -9/99 Under contract to get public works up to date and organized so that a new person could be hired. Saved the city a half million on future maintenance costs when dealing with an underground fiber optic company. Caught up on all business that had been setting for months. Sammamish, WA 9/99 -4/00 Was on the management team to start a new city as the Public Works Director /City Engineer. The goal was to start a public works department and engineering division for the new city. This required my working with King County, the State of Washington and all local agenaes surrounding the area incorporated within the new city. Working with the citizens, new counal and businesses to create a city government that would best serve the people in the new boundanes Snohomish. WA: 6/08-9/08 City Enoineer• Walla wma WA .- 7 /03- ,0/03 C it y In both Snohomish and Walla Walla I was hired to organize or re- organize the engineering divisions so that they would be more efficient for the next permanent City Engineer Both needed major dean up and re- organizing In Snohomish I had to write a Code Enforcement Ordinance and get it passed so the I could put a stop to contractors and developer from constructing poor work I also rewrote about 95 percent of Snohomish city standards, bringing them up to date In Walla Walla I was able to start a program within the engineering division where each person was teaching the others his or her job so that when we had someone out sick we could still function Enumdaw. WA. 8/05 -4/08 Proi Manager• Sumner WA 9 /02 - 5 1 03 Project Each of these cities had major construction projects that were too much for their staff to handle. I was brought in to oversee these projects. In Enumclaw I managed a new $34 million wastewater treatment plant along with several federal aid projects including roads and a $5 million welcome center with three different federal grants. I was in charge of working with the Corps of Engineers on wetland mitigation 404 pennit, DOE for the 401 permit, DOE for design, consultants, attorneys, public etc I was able to get the plant under construction in approximately 20 months. In Sumner I was in charge of construction of three large road projects, several signal systems and a large downtown redevelopment project funded by the federal government under the CA program Lewis County We 3/93 /96 Smwlal Protect Enall ew /F7ood Cgntrol King C�nstuvdion /90-12/92 r1dect In the above I was working as a project engineer on any type of project that arose In Lewis county I was also the flood Lewis County that helped us evacuate areas of cities during the 1996 fl control engineer during the floods of November of 1995 and February of 1996 I help create a flood foreaasting map for ood that had never flooded before I worked with the Portland Corps extensively during the three plus years I was with Lewis County I also designed and built the rest stop on Highway 12 just west of Packwood doing within six months so that a grant would not be lost In Kent I was the field border the North border In engineer In charge of the construction of the West Valley Highway from the south border of Kent t Pasco I worked for nine years as a project engineer and designed and built over 25 miles of city streets, ten signal systems, all federal aid projects, along with many Local Improvement Districts Education MBA & MPA, City University, Bellevue, WA, 2003 • BS, Management, City University, Bellevue, WA, 1998 Courses Included finance, international marketing, operations management and business development Paralegal Certificate, University of Puget Sound Law School, • AA, Applied Sciences, Yakima Valley College, PE (Professional Engineer) Licenses. Civil PE, Washington and Oregon, Open to relocation 2of2 PUBLIC WORKS AND UTILITIES L fli�J17V^IPVI^I MEMORANDUM TO: Mayor Lent FROM: Pat Coxon, Tom Knuckey DATE: July 28, 2011 SUBJECT: Assistance Requested from the Interim Director of Public Works and Utilities Below are top priorities that existing City Staff are currently unable to pursue These are requested priorities for the interim Director to assist our Department First Tier Priorities 1 Port of Bremerton on Stormwater Fees — lead negotiations with POB to resolve payment issues I understand this is critical for receipt of this revenue source 2 PSNS and Olympic College Stormwater Fees - I'm not sure of the specific issues related to this, but we may need assistance from the Director 3 FEMA/Floodplain — I'm not sure of the specific issues with this This issue involves both DCD and Public Works — need assistance to understand the issue and resolve 4 WSDOT Negotiations on Substandard Sewer Acceptance — assist in negotiations with WSDOT regarding their substandard construction of the SS main near EB -2 5 Revise BMC on GFC Collection for New Development — create an incentive to help leverage new development by allowing the construction cost of new utility infrastructure that benefits growth to offset General Facility Charges Second Tier Priorities 1 Title VI / EEO Program Management — review the program and assist in coordination of transfer to another department This is a City -wide program and I believe it should be managed by HR, rather than Engineering 2 SEPA Review of City Capital Projects — review issues and assist in coordination of transfer to DCD Vince and Tom discussed this with Andrea — she believes Engineering should review and issue DNS's for capital projects that don't require a shoreline, building, or other permit that DCD issues Engineers aren't adept in SEPA, and we don't believe we should be both reviewing and approving our own applications 3 UV Celebration — preside at the UV celebration as the MC 4 Revenue Source for Street Fund, - assist in identification of a revenue source and propose procedure for implementation Page I of 1 712812011