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04/16/2014 AGENDA
i I I CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 ❑ Phone (360) 473 -5280 ** *AMENDED * ** APRIL 16, 2014 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. BPD BRIEFING — City of Bremerton Police Chief Steve Strachan 5. KEDA BRIEFING — John Powers, Executive Director, Kitsap Economic Development Alliance 6. PUBLIC RECOGNITION 7. CONSENT AGENDA A. Claims & Check Register B. Minutes of Meeting — April 2, 2014 C. Minutes of Study Session — April 9, 2014 D. Basic Life Support Agreement between the City of Bremerton, Handlers Racing Association, and South Kitsap Fire. & Rescue E. Ordinance No. 5247 to update Section 11.10.010 of the Bremerton Municipal Code (BMC) due to a grammatical error F. Amendment No. 2 to the Lease Agreement with Port Orchard Sand & Gravel G. Amendment No. 1 to the Interlocal Agreement with the Kitsap Public Facilities District (KPFD) for Expansion of the Kitsap Regional Conference Center H. Purchase and Sale Agreement for Right -of -Way on Lower Wheaton Way Project I. Ordinance No. 5246 to amend Ordinance No. 5235 relating to the City of Bremerton FY- 2014 Budget 8. GENERAL BUSINESS A. Public Works Agreement with Lakeside Industries, Inc. for Repaving of Gold Mountain Golf Course Entrance Road (Brought down from the Consent Agenda.. ) 9. CLOSED RECORD HEARING A. Closed Record Hearing on Ordinance No. 5248 to approve a Rezone of two (2) parcels located at 3` Avenue West and Sinclair Way/West Sunn Fjord Lane from "Industrial Park" (IP) to "Low Density Residential' (R10) Continued on back... ® Americans with Disabilities Act (ADA) accommodations provided upon request. Those requiring special accommodations please contact the City Clerk at (360) 473 -5323 at least 24 hours prior to the Meeting 10. PUBLIC HEARING A. Public Hearing on Resolution No. 3217 to authorize Land Exchange between the City of Bremerton and the Ueland Tree Farm B. Public Hearing on Ordinance No. 5249 to amend the Bremerton Municipal Code (BMC) by repealing Title 19 "Mobile Homes" In its entirety, and making several amendments to the Zoning Code in Title 20 "Land Use" 11 COUNCIL MEMBER REPORTS 12. EXECUTIVE SESSION A. 50- minutes to discuss "Pending Litigation" under RCW 42.30.110(1)(i) and a "Real Estate Acquisition and Sale" under RCW 42.30.110(1)(b) and RCW 42.30 110(1)(c) No action is anticipated. 13. ADJOURNMENT OF CITY COUNCIL. BUSINESS MEETING 14. EXEMPT CLOSED SESSION A. To discuss "Labor Negotiations or Proceedings" under RCW 42 30 140(4)(b) ® Americans with Disabilities Act (ADA) accommodations provided upon request Those requiring special accommodations please contact the City Clerk at (360) 473 -5323 at least 24 hours prior to the Meeting BREMERTON CITY COUNCIL MEETING SPEAKERS LIST PLEASE PRINT YOUR NAME BELOW IF YOU PLAN TO COMMENT & YOU WISH YOUR NAME TO BE INCLUDED IN THE RECORD �b�.V►ab � l 1L' Vl�' Wt �V` - �� tM t�,t evt,� �4-�a vt t� S c a � 41tj REQUESTS FOR INFORMATION MUST BE SUBMITTED IN WRITING TO THE CLERK THANK YOU A � icy � Jary ^ j oin us I to r t e PACIFIC AVENUE RIBBON CUTTING F r id ay, th 6 St and Pacific Ave Bremerton L" — 11 :a 3 0 A MI Visit BremertonWA .gov /constructionpro to learn more about the Pacific Avenue Reconstruction Project. co O �o �N ._ > m N � — LL ' O (:Y) Q (Y) - - . _ 00 � m F F' ti� r ,YrS_ y 4 �'y g rv; 41' ��i �. __\� �\� .. �_ �� \•fir "� -'' 7 ���1.. . N •Eay_ •` 11 r . • Iq �� � Cs If W est ST M S 1i CPN(Z:i ISE Satu A 26 • 10 - 3pm @ K itsap Ma ll, Silverdale Hands- FREE, �Fun Interactive! 5dence, technology, ® o engineering, & math in action! Dozens of FREE, hands -on activities T e chn o l owfor youth of all ages... underwater - - vehicle exploration, robotics, 0 rockets, bridge building, egg drops, medicine, animals, catapult challenge, and more... Vol 9 r 721 V If (�A Details at www.westsoundstem.org _ r Visit www.westsoundstem.org for more information. Hosted West Sound STEM Network I a Soun STE in partnership with Olympic Educational Service Distract 114 L "'' � j�� Proclamation WHEREAS, water is our most valuable natural resource; and WHEREAS, only tap water delivers public health protection, fire protection, support for our economy and the quality of life we enjoy; and WHEREAS, any measure of a successful society — health, economic growth and diversity, productivity, and public safety — are related to access to safe water; and WHEREAS, we are all stewards of the water infrastructure upon which future generations depend; and WHEREAS, each citizen of our community is called upon to help protect our source waters, to practice water wise habits, and to find out "how much do you know about H2O "; NOW, THEREFORE, I, Patty Lent, Mayor of the City of Bremerton do hereby proclaim May 4 - 10, 2014 as Drinking Water Week in Bremerton. Signed this 16` day of April 2014 Mayor Patty Lent 2014 Irl�llV��IIV�7 1► it i� �` !� �I> > � � !L' � !I -�. N gw �g VVi - ",1 LIB 'VVLLI"� Bremerton's Annual Water Quality Report BremertonWA.gov/drinkinqwaterreport Drinking Water Week is a good time to reflect on how fortunate we are in Bremerton to have a remarkable drinking water supply. One silver lining in these hard economic times is that we tend to focus more on things of real and lasting value. Only tap water delivers public health protection, fire protection, and support for the economy. And in these tight times, investing in our water systems can even deliver new jobs. Bremerton is very pleased and proud to have received over $6 million is federal stimulus funding to install advanced disinfection for our water system using ultraviolet light. This will allow the City to keep its pristine water supply high quality while keeping rates down by still being one of the few unfiltered surface supplies in the US. Investing in our tap water systems will pay off for generations to come. What's good for our health and safety is also good for our economy. A big THANK YOU to Mayor Lent for proclaiming this Drinking Water Week! 5 � BRF-.AIERTON IrARMERS AAARKET r A"Y OCTOBER THURSDAY SUNDAY 4: EVERGREEN PARK FERRYTERMINAL 111- mill !!Ili ':�• r ,. y c4'r'... �; ,, it . ^ r t �` � r } y , ` 1 4 - F I ��• �'.. .7� .a,,,, '. f!' Yt^. ` x % ? � v ti . �{(I b� �� 1 t r • , C"4'9 •• 1 More information: Four Week SumYner Pro ram Elaine Valencia, Coo rdinator g July 25— August. 21, 2014 (360) 4 6 6 Kitsap County families! Experience an appreciation Elaine g b o for a new culture and gain lifelong friendships without leaving home! We are in need of families to host teenage Japanese students fiom Kure, Japan- Bremertonrs Sister City. The students will be here to learn English and immerse themselves in American life.. 1 L4 You are 4 .•. : Ii i �� -- ••:, - 4':,', Jig 1p .��J 1 -I f..�J .• •':: 1 lit cor dial l y t it -.2 nv ed Y _ . � '� ��:.�•. `•, �:`��:� } ,'�: ,�h - tvJOLn us Ln Celebratingth. 4Sth. Anniversary of the BREMERTON -KURE SISTER CITY PROGRAM. Tke- City of Bre newton is ko n orecl to welcome 30 clignitaries f roM K w-e / ow- sister City in Japan. Tkis clelegation will Lie visiting Bp- e-merton in MQy aMJ we invite you to join us in welcol•ning tke- M to oinr wo city. CA N 1 SATU RDAY , 2 0 1 4 KITSAP CONFERENCE CENTER at Bremerton Harborside, 100 Washington Avenue 6PM - No -'I -lost Social 7PM - Di nner $60 per person puirc-(lased in advance no later t(1an Monday, Mcty 12fk. Please nieil<e cke-cl<s payable to: BREMERTON CENTRAL LIONS CHARITABiE FOUNDATION Mcdl to: MAYORS OFFICE, 345 6TH STREET, SUITE 600, BREMERTON WA 98337 FOR FURTHER INFORMATION OR CREDIT CARD PURCHASE CALL ELAINE VALENCIA AT 360 473 Pap•I<inq is available Landep• Kitsap Conference Center for $4.00 on +6a p•ed and gvee.n levels Sel l1! fONi�1Q� Q�IN2 If you are unable to attend we would welcome a donation to the Bremerton Central Lions Charitable Foundation (a 501(c)3), our partner in hosting this delegation Check may be mailed to the Mayor's office � � Fs • ��� KAVA Kasa p tsun ,e = 8' � Kitsap Area Kitsap County Veterans Alliance Veterans Program Present The 2014 Spring Stand Down F o r V and their families SATURDAY, April 26th , 9:00 am to 2:00 pm Donuts and coffee will -be served beginning at 9 :00 am Hot meals will be served from I1 :00 am to 1 :30 pm Sheridan Park Community Center 680 Lebo Blvd, East Bremerton Bring several copies of your DD214 or discharge papers for faster service ID REQUIRED FOR ENTRY DD214 /discharge papers, or VA, military, °'retired military, Reserve or National Guard ID. Unaccompanied family members must bring DD214 and proof of relationship. ot PLANNED FREE SERVICES Legal assistance / How.to..change your child support payments /Women, men and children's clothing, / Hot meal -/ Dealing with foreclosure/ Hygiene items & shaving ge , 4K/ Groceries,'iHaircuts / VA health benefits / VA claims/ Employ[ nt 'referrals / Vision �creening�. /;'Financial -- assistance / Camping gear, /,- Housing options / D,$HS enrollment / ONE, OEF & OIF , benefits / Help '3rd degree driver's license suspension j Free voice -- mail /_Free= ..mail address__/ Much more a� kill N r I + i. CL ro \ �f N' i f. I, ti- ti `a It1 .1 I 1 F . I Ill ',1 i O 7 Washington Avenue Trial Run Monday, April 21St — Thursday, April 24tH • Test the concept: single travel lanes on Washington Avenue, between 4t" Street and the Bridge • Completed project will accommodate cars /busses trucks as well as pedestrians and bicycles safely • Modeling shows traffic delay of a few minutes for p.m. traffic rush interval • We need your help.! If you use Washington Avenue now for your p.m. commute, please continue through this test period Traffic Flow Northbound Washington Avenue from 6 th to Manette Bridge Traffic Observation and Notes Taken by Bremerton Public Works Director Chal Martin 3 — 4:23pm Monday, June 10, 2013 (2 " observation conducted Wednesday, November 6, 2013 — there was less traffic on that day) 3 Steady traffic, no backups 3.45pm Less traffic, no problems 4:07pm Still busy but traffic moving steadily, 3.47pm Ferry appears around point, no problems mostly right lane. 3:49pm No Problems 4.09pm No Problems, traffic building but signals 3:51pm No Problems Several bikers handling. About 30% of traffic is straight through. 3:53pm No Problems and walkers. 4:11pm No problems, somewhat longer queue southbound to 3:55pm No Problems Most traffic eastbound. 3:57pm No Problems Northbound 4 13pm 1 St worker /driver bus at 6 th Traffic both lanes Most traffic 3 No Problems Washington Ave. going to bridge 4 No Problems 4:16pm Traffic waiting past 6 almost all in right lane to turn onto 4.02pm Ferry traffic begins, 3 KT Transit Buses bridge. 4:03pm North of 6 significant traffic increase, 4:18pm School bus turned onto northbound Washington from 6th Intersections clear in a single cycle went straight through. 5 more buses. Bus stop on Wash. Ave 4:20pm Traffic not quite to 6 mostly right lane 4:05pm Continuous stream, both lanes busy 4.23pm Break in traffic — Rush hour over - - -- ;'%►•sue {. I °r 'f '3 � °o� y'� _,, ;� i To tons Park Ah tA Cnmjeq %Yey J - h �aq EastParkand OF 0 • - • - - - -- ,Lent b � East Park Landing .mean Nature Area Park t sv.ee ,J • - � FL O - • - - \ a 410 x� �-- \Evergreen - 06 f park a �..- r — t FDA • t=om. t 1 ]' In ^ j 411 Wz u ® ' a or 1Fey - - • I • I Whdmamya � 6!b. Is Mentor n+ivtee B TU' ea • • - Boardwalk I • �"� Bra rton Port Washington Trail Xgurea. Trail Master Plan �. • Jam..... -. - P�. l I l k a � l C'inc d e M ayo I S I 1 OwEOO AM=6m.00 PM Bremerton's Charleston District 6thStreet and Callow Av f . ` i -: .' *q.,3�i1.."J !�•�� i.. ^ �3.. r „- �..� �.r l ... -�7� .�i"J4`� .F... Yq -- - .,iy ., �', }` tJ , Y AP AV For"ore in, o rr� , r ®r�, pl ase ront� t ena awn wns- Bates 360 - 473 - 5333 - - milenka. hawkins- batesPci.bremerton.wa.us www.c1.bremerton.wa.0 s R. l jl t 1 r P4 Saturday, April 26, 2014 (Every 4` Saturday) 10:00 AM Meet up at the dock Point of Contact Rick at (360) 373 -0282 '�� a -- _ `' -- L ' ` Y _ % rte '•' Fk IS INLAW 11 �o pa 9 iF ■ %�' , -�I' __r. fk p o w- N■ r " t utu �. EVER — ` L.w r ��, r�lr•^ —.-. �} - - i ° � -I' ` X14 � �.A- .` 1111 _ _ �y .'KC- � � r- , � a' � � tar,R`•, � _ '�, �x� ri- - r - �^+ � r - � A'?,' 1 _�►� . ` _ rl :;}�+:� s� ��,� � - �� �� rr _. iv. � ( IFF � � - •i I �` ^� � .:. r. } 4r •- ��' � - _ > �,� rat � - r,J t r` �r� ��•• vx.., _� � t �/• �� 1 J1� � y(' - J f y n.. -) a � - ,` ��.\ r � ;+�� '�; �' � -�,� .� � i ..� ,_ �: i, rr�y. ' �' V - r 1 r � {� ` M � - �:5s ; � �. _ '! � _ �•. � ,� , � 4 � 't \., _ ^�1.9 x _. �-i• St UONS PARK- ADOPT ABEACH PROGRAM Lions Park was given an environmentally friendly makover in 201 & 201 11V SA The 1/3 mile long park beach was planted with 50+ trees, 250 grasses and approximately 1,200 shrubs. With limited funding for maintenance w v S tJ ,J J' 1• • • weed killers being banned along - waterfront the beach became overgrown with noxious weeds. Occasional summer weedings helped but • • no preven - weeds • mu lti p lyi ng . A dop t B eac h _ j 9 born. If many volunteers could each maintain a small beach lot throughout the year, the weed war could be won. Many hands make light work! 3} ♦ r 1 1 1 IL .I.y Clover Purple Pea Vine Bird's -Foot Trefoil Spotted Catsear Pineapple Weed Wild Carrot Scotch Broom Spiny Sowthistle Common Dandelion Panicle Willowweed Chicory Stems OUR WEED WAR NATIVE WILDFLOWER, NOT A WEED! DO NOT PICK! Above are many of the noxious weeds to watch for along the Lions Park Shoreline. They can out - compete local plants, threatening the health of the native shoreline habitat. For example, Scotch Broom seeds are viable for many years. Spotted Catsear sends out thousands of floating seeds. Chicory is almost under control. WE CAN WIN THIS WAR. Puget Sound Gumvvee& Provides late-secson source oF pollen 4. and nector for butterFlies, notive bees, and other insects. c c � ' l3\; 14 . OL IT LIONS PARK- ADOPT A BEACH PROGRAM \\ `���' The large, one day weed parties have been very successful in clearing the shoreline of ` 23; weeds. But the weeds return over a period of time. Adopt a Beach allows volunteers to \ �� �� 24� control small lots and monitor weed growth throughout the year. The 1/3 mile long beach \ x\2 5 �4'.. 0 has been divided into 35 lots each about 50 feet wide. Each lot has its own beauty and \ \ 16 27 , its own challenges. Left alone, weeds march away from the salt water right up to the 29,� 3s asphalt pathway. We just need to push them back and let natural vegetation and planted — — — 30- 3132-_'33 shrubs grow. For more informaton about the Adopt a Beach program contact Ruth and Rick at (360) 373 -0282 — — — — — — — — Kiwanis Park t � P Hu - n - ar ade g E��ents: Egg Hunts Games /Relays Parade @ fpm Cookie Decorating Free Family Photos Coloring Seed Planting • n more! ad V .S Kiwanis Park 5th St. F3 High Awe. • Bremerton, WA • 3:00 PM S atur ay April 1 q, 2 - ECONOMIC 1st Quarter Economic Development Activity Report KITSAP DEVELOPMENT City of Bremerton ALLIANCE January 1, 2014 — March 31, 2014 G Kitsap County Performance Roll -Up Q1 Total 2014 Business Retention & Kitsap Company Visits /Presentations 24 24 Expansion Number of Companies Assisted (includes PTAC) 44 44 Number of Companies Referred 14 14 Number of Companies Closed 0 0 Number of Custom Reports 15 15 Jobs Represented (if known) 1342 Jobs Lost 0 0 Business Recruitment Number of Companies Contacted 21 21 New Cases 5 5 Continuing Cases (from previous quarters) 2 Cases Discontinued or Lost 1 1 Trade Shows Attended 3 3 Number of (new) Companies Visiting Kitsap 0 0 Number of Companies Recruited (committed) 0 0 Potential Jobs — open cases 600 Economic Research & Custom Reports, Demographics & Real Estate 47 47 Inquiries Unique Visitors to KEDA Website 4088 4088 KEDA Originated Studies & Reports 10 10 Community Relations Events (sponsored, co- sponsored or hosted) 4 4 Speeches & Presentations 14 14 New Social Media Followers 163 163 KitsapConnected all videos total views 658 658 E -News & Print Communications (Incl. PR, Columns) 42 42 20/20 Business Climate Workforce & Education ✓ Chair of Olympic College Workforce Development Advisory Committee Policy & Initiatives ✓ Participating member of Olympic Workforce Development Council ✓ Participating member of OC President's Advisory Council Transportation & ✓ Participating director of Economic Development District board Infrastructure ✓ Participated in regional and local transportation policy discussions Small Business Support ✓ PTAC (Procurement Technical Assistance Center) classes — (see list under Recruitment and BRE additional activities) ✓ Site visits (ongoing) to learn more about Kitsap companies and provide assistance as needed ✓ Referrals to partners for additional assistance as indicated per case ✓ Team member for Kitsap Business Forum planning (monthly events) Financing & Incentives ✓ Identify resources in KEDA e- newsletters, FaceBook and Twitter posts Government as a Partner ✓ Continued participation and presentations to Kitsap Regional Coordinating Council Industry Focus ✓ PTAC (Procurement Technical Assistance Center) classes ✓ One -on -one PTAC counseling in KEDA office ✓ Co -Chair Kitsap Aerospace and Defense Alliance ✓ Initial member of Washington Aerospace Partnership Board of Directors ✓ Participation in regional Defense Partnership discussions Collaborative Marketing ✓ Launched #KitsapConnected Digital Ambassador program ✓ KADA website and social media updates 1 Cumulative totals not applicable as data may duplicate from one quarter to another Page 1 1 ECONOMIC 1st Quarter Economic Development Activity Report KITSAP DEVELOPMENT City of Bremerton ((ALLIANCE January 1, 2014 —March 31, 2014 BUSINESS ATTRACTION ACTIVITY Date Code Name Industry Notes Initiated Project Q12014 Lead at KADA meeting regarding company seeking expansion manufacturing site 2/25/2014 Prevention Manufacturing Followed up re KEDA services Composite manufacturer seeking 40,000 SF building or greenfield site with 50,000 sf expansion Access to rail desired Sent lead to Port of Bremerton, Sent two sites to DOC, awaiting client 2/11/2014 Project Blue Sky Composites review Q3 overlaid plywood manufacturer seeking 20 - 80 acre expansion site with rail required Sent 2/6/2014 Project V Manufacturing potential match on industrial land near Gorst Q12014 Referral from Congressman Kilmer Tech company considering Kitsap site Sent 1/30/2014 Tech 2014 ICT introductory email, follow up required Marine Q4 Lead from commercial broker, provided incentives available for business, 812014 follow up 11/18/2013 Manufacturing 2 Marine revealed client unable to reach lease agreement with building owner, now focused on Kent Q4 Carbon Fiber manufacturer seeking site for consolidation and expansion Seeking minimum 40 acres with expansion to 80 Sent proposal for SKIA Q1 request status from DOC awaiting 11/12/2013 Project Wildcat Composites response from client Q2 2013 lead from KADA member, follow up at Paris Air Show re potential expansion to NW Q3 follow up re potential visit in fall, Q4 follow up re MRO related firms in region (research) and tax 5/10/2013 Project Aero 8 Aerospace incentives Q3 follow up with contact regarding status of expansion plans OTHER RECRUITMENT ACTIVITY • Launched #KitsapConnected,Digital Ambassador Program • Continued Kitsap promotion via news releases, twitter and FaceBook • Attended three (3) trade shows • Alliance NW • PNAA NW Aerospace • Aerospace and Defense Suppliers Summit • Hosted /coordinated three (3) PTAC Workshops • Government 101 • Selling to the Navy, • Provided support and /or coordination for PTAC related events • Business Launch (Mountlake Terrace) • Boots to Business (SBA program at Navy Base Kitsap) • Continued updates of KEDA website, KEDA Facebook page, Pinterest boards and KEDA Twitter account Page 13 ' ECONOMIC 1st Quarter Economic Development Activity Report KIISAP DEVELOPMENT City of Bremerton `� ALLIANCE January 1, 2014— March 31, 2014 v 6/27/10 Defense 5 defense Prior to 2012 PTAC client seeking contract assistance 2012 Met with client regarding new proposal and provided input June sent email re upcoming Walsh construction bid seeking subs, Aug Assisted client with Navy contracting questions Continued PTAC assistance al 2013 Sent info on prime outreach event, Worked with client on FAR interpretation and efficiencies on contracts Q2 2013 reviewed solicitation as requested to provide info for decision to bid or not Q3 worked with client on line cards and marketing, also advised re outreach for new business in Q4 met with NAVFAC small business officer at KEDA offices, provided input on marketing plan, client requested assistance on working contracting officers Q12014 review with client new teaming definitions, also reviewed sole source options 1/12/10 Professional professional PTAC client 2012 Attended Kiewit Outreach event for EHW2, sent email re upcoming Walsh Services 1 services construction bid seeking subs Attended Keyport Industry Day, counseled re business (2010) succession planning Q12013 attended "selling to the Navy" workshop, met with Mary 10 for general session, referred client to regional transportation center for small business cert Q3 Met for follow up on status, reviewed talent needs, Q4 follow up on business plan and future growth Q12014 Sent client info on new WA State Small Business certification in response to prior inquiry 3/19/08 Defense 2008 - defense PTAC client, June 2012 - PTAC class Solicitation or Synopsis? Aug attended NAVFAC 1 Construction Overhead forum Q1 sent info regarding subcontracting opportunity with prime 812014 sent lead on subcontracting opportunity 1/24/08 Construction construction PTAC client 2012 June - sent email re upcoming Walsh construction bid seeking bids Ql sent Services 20 info regarding subcontracting opportunity with prime Q1'2014• Client stopped by for SAM assistance Follow up phone call regarding updating entity. 3/21/14 Defense 38 defense Q12014 Prime contractor seeking assistance with outreach events, followed up with details for KEDA to disseminate to PTAC clients 1/23/14 Utility utility Ql 2014 Site visit with client to determine current activities, planned expansions, needs Provider 3 Follow up re major projects planned in county 1/7/14 Agriculture 2 agriculture Q12014 nonprofit org seeking input on marketing and event, met with board member and reviewed options Followed up with social marketing guidelines 1/7/14 Technology 5 technology Ql 2014 New business seeking assistance with government contracting. Provided SAM guide and capability statement template Attended January "selling to the Navy workshop ", Q1 Site visit with details on company goals and plans; seeking investment capital 1/6/14 Technology 6 technology Q12014 site visit re growth plans and marketing 11/20/13 Education 5 education Q4 Attended Government Contracting 101 workshop, provided names for potential on -site locations for CTE director meetings Ql followed up on inquiry regarding SAM and Small Business status, attended Jan "selling to the Navy" workshop 11/20/13 Maintenance business Q4 Attended Government Contracting 101 workshop, Ql 2014 follow up regarding questions services for SAM and WEBS, gave guidance on next steps /Reviewed line card 11/20/13 Transportation Transportation Q4 Attended Government Contracting 101 workshop ql 2004. sent lead on subcontracting 5 opportunity 11/18/13 Construction services Q4 attended Govt Contracting 101 class, followed up with questions regarding SAM Services 41 registration 812014 sent lead on subcontracting opportunity 7/19/12 Niche 10 manufacturing Client seeking assistance for larger space to accommodate two other companies who would utilize new products from diversified line Provided list of potential sites, also follow up on funding options Aug Researched permit options for building client interested in purchasing. Referred to DCD Oct Client seeking assistance regarding building purchase and power requirements Q12013 Attended Govt 101 workshop, client notes they are moving to Bremerton with purchase of budding, will also bring 2 -3 other businesses to space with them, thanked KEDA for their assistance re building, Q2 2013- Client seeking info on social media marketing and arts community for new enterprise; followed up with links and contacts for both, client called re new location is up and running with new hires, followed up with news release contact list Q3 provided media list and insight for sending news release on new product line Q1 Worked with client on news release, Published "success story on KEDA blog Page 15 ECONOMIC 1st Quarter Economic Development Activity Report KITSAP DEVELOPMENT City of Bremerton (ALLIANCE January 1, 2014 — March 31, 2014 OTHER BRE ACTIVITIES: • Launched #KitsapConnected Digital Ambassador Program • Continued Kitsap promotion via news releases, twitter and FaceBook • Worked with Kitsap firms re attending regional trade shows • PNAA 2014 Aerospace Conference • Aerospace and Defense Suppliers Summit • NW Alliance (PTAC) • Hosted /coordinated three (3) PTAC Workshops o Government 101 o Selling to the Navy • Provided support and /or coordination for PTAC related events • Business Launch (Mountlake Terrace) • Boots to Business (SBA program at Navy Base Kitsap) • PTAC support activities • Meeting with NAVFAC NW Executive Officer and Small Business Director • Attended DoD Council Northwest training session with several large primes and government agencies • Continued updates of KEDA website, KEDA Facebook page, Pinterest boards and KEDA Twitter account Page 17 AGENDA BILL "7A CITY OF BREMERTON CITY COUNCIL SUBJECT: Claims & Check Register Study Session Date: COUNCIL MEETING Date: 4/16/14 Department: Financial Services Presenter: Shannon Conn Phone: 473 -5323 SUMMARY: Approval of the following checks and electronic fund transfers: 1) Check #'s 357748 through 357936 and EFT's 13739 through 13771 in the amount of $2,354,040.62. 2) Regular Payroll for the pay period ending March 15, 2014 in the amount of $917.99. 3) Regular Payroll for the pay period ending March 31, 2014 in the amount of $692,640.83. ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount): STUDY SESSION AGENDA: ® No Presentation ❑ Full Presentation STUDY SESSION ACTION: ® Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve consent agenda as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 AGENDA BILL CITY OF BREMERTON CITY COUNCIL ■■ eeeeeeeeeoeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee SUBJECT: Minutes of Meeting — Study Session Date: NIA April 2, 2014 COUNCIL MEETING Date: April 16, 2014 Department: City Council Presenter: Greg Wheeler Council President Phone: (360) 473 -5280 SUMMARY: Attached is the summary of the City Council Meeting ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): STUDY SESSION AGENDA: © No Presentation ❑ Full Presentation STUDY SESSION ACTION: Z Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Consent Agenda as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, April 2, 2014 The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday, April 2, 2014, at 5:00 PM in Council Conference Room 603 of the NORM DICKS GOVERNMENT CENTER, 345 6th Street, Bremerton, Washington, with Council President Greg Wheeler presiding. Council Members present were Eric Younger, Roy Runyon, Dino Davis, Jerry McDonald, Leslie Daugs, and Mike Sullivan. Also present were City Attorney Roger Lubovich; City Clerk Shannon Corin; and Council Assistant Christine Grenier. A COUNCIL BRIEFING was 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 Mike Sullivan followed by the invocation provided by Associate Pastor Russ Reuther of Sylvan Way Baptist Church. MAYOR'S REPORT — Mayor Patty Lent... • Was pleased that Property Valuation for Bremerton has increased; • Encouraged residents to take the Mayor's Conservation Challenge at www.mywaterpled eq com • Proclaimed the Week of April 5-12,2014 as "Money Smart Week'; • Encouraged people to provide their comments on a travel survey being offered by the Washington State Department of Transportation; or on the ferry system through a survey offered by the Ferry Riders Opinion Group (FROG) at www .ferrvridersopiniongroup.com • Announced that Boston's Deli & Pizza will be donating proceeds from sales on Thursday, April 3 between 11:00 AM to 8:00 PM to the Families of the Oso Mudslide; • Announced that the 2 nd Annual Family Spring Fair will be held on Friday, April 4 from 11:30 AM to 3:30 PM at the Sheridan Park Community Center at 680 Lebo Boulevard; • Announced that there will be a Kitsap Transit Rider Alert Community Meeting on Saturday, April 5 at 9:30 AM at the Bremerton Harborside in the 2 nd Floor Conference Room; • Proclaimed April 25, 2014 as "Arbor Day', and announced the Annual Arbor Day Celebration and Tree Planting Ceremony will be held on April 9 at 1:00 PM at the Lillian & James Walker Park located at the corner of 19 Street & Taft Avenue; • Announced that a Waste Tire Roundup will be held on April 12 -13 and 26 -27 between 8:00 AM to 4:30 PM at the Port of Bremerton Olympic View Business and Industrial Parks on Imperial Way (tires not accepted at Recycle Stations or Garbage Collection Facilities); • Announced that there will be a Countywide Earthquake Drill on Thursday, April 17 at 9:30 AM, • Announced that the Lifestyle Cooking Academy will be holding a Shoe Drive and Free Lunch on Friday, April 18 from Noon to 2:00 PM at the Masonic Temple at 875 5 Street; and • Announced that businesses will be open late for First Friday Artwalk this Friday. PUBLIC RECOGNITION Mike Walton Bremerton YMCA, thanked the community for supporting the YMCA's Annual Campaign; announced upcoming events, including the last Resolution Run of the year on Sunday, April 6 at 9:00 AM followed by a BBQ for participants; and add that Jarstad Aquatic Center will close for maintenance from the end of May to the beginning of September. Deirdre McKeel expressed concerns about the use of herbicide with the City. Chal Martin Public Works & Utilities, responded that an alternative organic herbicide is being considered for use. Bob Dollar added that $43,000 of tax money is being used for herbicide application to over 30-miles of tr and asked if citizens could opt out of the spraying of their property. s eet s,a p Jane Rebelowski did not believe it was appropriate to spray herbicides without first asking homeowners to maintain their sidewalks, which they are required to do. City Council Reg. Mtg. Minutes Wednesday, April 2, 2014 Page 2 of 4 Steve Kriefels also expressed concerns about soil and water contamination resulting from herbicide use; and asked if the City would pursue the lack of payment for prevailing wages. Roger Lubovich City Attorney, explained that money to pay the wages came from project retainage. CONSENT AGENDA 5A— Claims & Check Register: Check Numbers 357563 through 357747, and EFT -13698 through EFT -13738 in the amount of $2,141,555.61; Regular Payroll for the pay period ending March 15, 2014 in the amount of $917.99; and Retiree Payroll for the pay period ending March 31, 2014 in the amount of $59,190.41. 519 — Minutes of Meeting — March 19, 2014 5C — Minutes of Study Session — March 26, 2014 5D— Resolution No. 3215 adopting the Kitsap County Multi- Hazard Mitigation Plan 5E — QAsol utinn Ali+ 321 to approve Q i tdalm Deed for B unwuell Dedectrian Tunnel Dro] ent Pulled 5F— Concession Agreement Renewal between City of Bremerton and Bremerton Ice Arena, Inc. 06:01:20 M /S /C /U (Younger /Runyon) Move to approve the CONSENT AGENDA as presented. GENERAL BUSINESS 6A — ORDINANCE NO. 5243 AMENDING CHAPTER 7.15 OF THE BREMERTON MUNICIPAL CODE (BMC) ENTITLED "INFRACTIONS ": AND COOPERATIVE SERVICES AGREEMENT WITH THE US DEPARTMENT OF AGRICULTURE (USDA) FOR THE MANAGEMENT OF RACCOONS WITHIN THE CITY OF BREMERTON Council Member Eric Younger explained that the City Council desires to amend Chapter 7.15 of the Bremerton Municipal Code (BMC) regarding the feeding of raccoons and other related amendments. Additionally, Council desires to approve a contract with the U.S. Department of Agriculture to conduct wildlife damage management activities to control raccoons residing in and around the City of Bremerton in order to reduce human health and safety threats and property damage. Mr. Younger added that this issue has been discussed for the past six- months in the Public Safety and Parks (PSP) Committee; clarified that this proposed ordinance would address the behavior of feeding wild animals like raccoons which creates unsafe conditions that ultimately affects entire neighborhoods; and emphasized that concerned citizens will have a few options to address complaints (1) contact Law Enforcement at 9 -1 -1 (2) submit a complaint form on the City of Bremerton's Website or (3) file a complaint through the Kitsap Humane Society. Comments from the public were provided by Wanda Sela- Gonzalez Bob Dollar John Larson Jane Rebelowski Richard Next Helen Miller Joan Morris Judith Friedberg -NerF and Gordon Hill with responses provided by Mr. Younger, Mr. Lubovich, Mr. Wheeler, Ms. Corin, and Mayor Lent. 06:35:05 Main Motion was made by Younger and seconded by Daugs... Questions and comments on the Main Motion were provided by Younger, Daugs, Wheeler, and Runyon. 06:40:05 Amending Motion was made by Runyon and seconded by Davis. Comments on the Amending Motion were made by Runyon, Davis, Younger, Daugs, Sullivan, and McDonald. 06:47:58 A -M /S /F (Runyon /Davis) Move to amend BMC Chapter 7.15.010, adding Paragraph (2)(dd) "to provide shelter to raccoons or allow raccoons to be sheltered on any property'. Voted in favor of Amending Motion: Davis, Runyon Voted opposed to Amending Motion: McDonald, Younger, Sullivan, Daugs, Wheeler Amending Motion failed: 2 -Yes; 5 -No City Council Reg. Mtg. Minutes Wednesday, April 2, 2014 Page 3of4 06:55:50 M /S /C /U (Younger / Daugs) Move to approve Ordinance No. 5243 amending Chapter 7.15 of the Bremerton Municipal Code; and to approve Cooperative Services Agreement with the US Department of Agriculture for the management of raccoons within the City of Bremerton and authorize the Mayor to finalize and execute the Agreement with substantially the same terms and conditions as presented. PUBLIC HEARINGS 7A — PUBLIC HEARING TO APPROVE ORDINANCE NO. 5244 TO VACATE A PORTION OF ADELE AVENUE RIGHT -OF -WAY AT THE BERTHA AVENUE INTERSECTION Chal Martin Public Works & Utilities Director, affirmed that the adjacent property owner has petitioned the City to vacate a portion of Adele Avenue at the Bertha Avenue intersection which lies directly adjacent to the their property. This portion of property is not needed for roadway purposes. President Wheeler opened the public hearing... With no public comments, President Wheeler closed the public hearing and opened discussion to the Council. 06:57:24 Motion was made by Runyon and seconded by Sullivan... Questions and comments were provided by Runyon; with responses provided by Mr. Martin... 06:58:30 M /S /C /U (Runyon /Sullivan) Move to pass Ordinance No. 5244 to vacate a portion of Adele Avenue at the Bertha Avenue intersection and authorize the Mayor to execute the conveying documents. 713 — PUBLIC HEARING TO APPROVE ORDINANCE NO. 5245 TO AMEND CHAPTER 11.25 OF THE BREMERTON MUNICIPAL CODE (BMC) RELATING TO THE DISSOLUTION OF THE TRANSPORTATION BENEFIT DISTRICT Roger Lubovich City Attorney, stated that the proposed ordinance amends BMC Chapter 11.25 entitled `Transportation Benefit District" to amend the provisions relating to the dissolution of the district. The action before the Council is to consider extension of the sunset clause for the TBD from February 2015 to April 2020. If the ordinance is not adopted, then the TBD would be dissolved in February 2015. President Wheeler opened the public hearing... Comments from the public were provided by Deirdre McKeel Robert Parker Jane Rebelowski Steve Kriefels Bob Dollar and Colleen Smidt with responses provided by Mr. Lubovich and Mayor Lent... With no further public comments, President Wheeler closed the public hearing and opened discussion to the Council. 07:16:10 Motion was made by Davis and seconded by Younger... Questions and comments were provided by Davis, Daugs, Runyon, McDonald, Younger, and Wheeler, with responses provided by Mr. Lubovich and Mayor Lent... 07:24:15 Motion to continue discussion to the November 5, 2014 Council Meeting was made by Runyon and died due to a lack of second... 07:36:25 M /S /C (Davis/Younger) Move to pass Ordinance No. 5245 amending Chapter 11.25 of the BMC to amend the provisions relating to the dissolution of the Transportation Benefit District. Voted in favor of Motion: Younger, Sullivan, McDonald, Davis Voted opposed to Motion: Runyon, Daugs, Wheeler Motion carried: 4 -Yes; 3 -No City Council Reg. Mtg. Minutes Wednesday, April 2, 2014 Page 4 of 4 COUNCIL MEMBER REPORTS Mike Sullivan reported on the Income Inequality Symposium he attended last week; thanked volunteers who removed invasive plants along the shoreline by Lions Park; and looked forward to being a judge at the Washington Science & Engineering Fair this weekend. Leslie Daugs encouraged residents to visit the Washington Science & Engineering Fair this weekend at Bremerton High School and thanked Council Member Sullivan for being a volunteer fudge; enjoyed attending the Annual Math Blast at Armin Jahr Elementary School; announced the Family Spring Fair this Friday; and will be attending the Bataan Remembrance Ceremony on Saturday, April 12 beginning at 10:00 AM at Bataan Park at the corner of Olympus Drive & Sylvan Way. Jerry McDonald thanked Don Stauff of Boston's Deli & Pizza, for donating proceeds from all sales on Thursday, April 3 from 11:00 AM to 8:00 PM to the Families of the Oso Mudslide; encouraged people to come downtown and Manette for the First Friday Artwalk; and welcomed Uptown Mercantile and Marketplace to Pacific Avenue who will be offering a Sunday Market beginning April 6. Dino Davis hoped residents would join him at a Kiwanis Park Field Day and Easter Egg Hunt on Saturday, April 19; and for the Bremerton Foodline's Empty Bowl Fundraiser on Saturday, April 26. Roy Runyon announced that Living Well Workshops will be held at the Bremerton Family YMCA every Sunday from April 27 to June 1 between 1:00 to 3:30 PM; encouraged the community to participate in the Sinclair and Dyes Inlets Coast Weeks Clean -Up on Saturday, April 19; thanked the Mayor for the opportunity to serve on the Kitsap Public Facilities District (KFPD) Board of Directors, adding that his term would be expiring in June so any interested individuals may contact the Mayor's office to apply to serve on this board. Greg Wheeler also announced that there will be an Easter Egg Hunt and Parade on Saturday, April 19 from 1:00 to 3:00 PM at Kiwanis Park located at the corner of 5` Street & High Avenue. With no further business, he adjourned the Council Meeting at 7:50 PM. Prepared and Submitted by: — �4 zg &., — - CHRISTINE GFIENIER Council Assistant Attest: SHANNON CORIN, City Clerk GREG WHEELER, City Council President GW:SC:ls:cg AGENDA BILL CITY OF BREMERTON 7C CITY COUNCIL ......................................................... ............................... SUBJECT: Minutes of Study Session — Study Session Date: N/A April 9, 2014 COUNCIL MEETING Date: April 16, 2014 Department: City Council Presenter: Greg Wheeler Council President Phone: (360) 473 -5280 SUMMARY: Attached is the summary of the City Council Meeting ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑x Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Consent Agenda as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 DIGITAL RECORDING CITY COUNCIL STUDY SESSION MINUTES Wednesday, April 9, 2014 A Study Session of the City Council of the City of Bremerton was called to order in the Council Conference Room of the NORM DICKS GOVERNMENT CENTER, 345 6 th Street, Bremerton, Washington, Wednesday, April 9, 2014, at 5:00 PM, with Council President Greg Wheeler presiding. Council Members present were Eric Younger, Roy Runyon, Dino Davis, Jerry McDonald, Leslie Daugs, and Mike Sullivan. Lori Smith, Legislative Assistant, was present to provide staff support. President Wheeler emphasized that the Study Session was open to the public but there would be no opportunities for input or participation; and announced that approved items by Council will be placed on the April 16, 2014 Council Meeting Agenda; or as indicated. A. NO PRESENTATION PLANNED — The following items are budgeted items or have been reviewed by the appropriate Council Committee... 1. Proposed closed record hearing on.ordinance to approve a Rezone of two (2) parcels located at 3rd Avenue West and Sinclair Way/West Sunn Fjord Lane from "Industrial Park" (I P) to "Low Density Residential' (R10) (Closed Record Hearing) 2. Basic Life Support Agreement between the City of Bremerton, Handlers Racing Association, and South Kitsap Fire & Rescue (Consent Agenda) 3. Ordinance to update Section 11. 10.010 of the Bremerton Municipal Code (BMC) due to a grammatical error (Consent Agenda) 4. Amendment No. 2 to the Lease Agreement with Port Orchard Sand & Gravel (Consent Agenda) 5. Amendment No. 1 to the Interlocal Agreement with the Kitsap Public Facilities District (KPFD) for Expansion of the Kitsap Regional Conference Center (Consent Agenda) 6. Purchase and Sale Agreement for Right -of -Way on Lower Wheaton Way Project (Consent Agenda) 7. Contract Award to Lakeside Industries, Inc. for Repaving of Gold Mountain Golf Course Entrance Road (Consent Agenda) B. BRIEFINGS & FULL PRESENTATIONS 8. Feasibility of providing Guest Wi -Fi during Council Study Sessions (Information only — No further action) 9. Proposed public Hearing to pass resolution to authorize Land Exchange between the City of Bremerton and the Ueland Tree Farm (Public Hearing) 10. Proposed public hearing to approve ordinance to amend the Bremerton Municipal Code (BMC) by repealing Title 19 "Mobile Homes" in its entirety; and making several amendments to the Zoning Code in Title 20 "Land Use" (Public Hearing) 11. Ordinance to amend Ordinance No 5235 relating to the City of Bremerton FY -2014 Budget (Consent Agenda) City Council Special Meeting Minutes Wednesday, April 9, 2014 Page 2 of 2 C. GENERAL COUNCIL BUSINESS • Public Works Committee Briefing (411114 Meeting) — Dino Davis, Chair • Public Safety and Parks Committee Briefing (419114 Meeting) — Leslie Daugs, Chair o Other General Council Business With no further business, President Wheeler adjourned the Council Study Session at 8:20 PM. Prepared and Submitted by: &e LO I SMITH Legislative Assistant Attest: SHANNON CORIN, City Clerk GREG WHEELER, City Council President GW:SC:ls:cg AGENDA BILL ID CITY OF BREMERTON CITY COUNCIL SUBJECT: Basic Life Support Agreement Study Session Date. April 9, 2014 between City of Bremerton, Handlers Racing COUNCIL MEETING Date April 16, 2014 Association, and South Kitsap Fire & Rescue Department: Fire Presenter: Al Duke, Fire Chief Phone: (360) 473 -5380 SUMMARY: This is a three way agreement between the City of Bremerton, Handlers Racing Association, and South Kitsap Fire and Rescue to provide one fire engine with Firefighter and one Firefighter /EMT as a minimum This agreement has been on -going for a number of years The Handlers' Racing Association will reimburse the City at the actual cost The Fire Department shall hire individuals on overtime to cover the event and not take away from the on -duty staffing. ATTACHMENTS: Agreement for Basic Life Support Services between the City of Bremerton, Handlers Racing Association, and South Kitsap Fire & Rescue FISCAL IMPACTS (Include Budgeted Amount): A budget adjustment will need to be made at the end of the contract, but will be cost neutral. STUDY SESSION AGENDA: ❑x No Presentation ❑ Full Presentation STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Basic Life Support Agreement between the City of Bremerton, Handlers Racing Association, and South Kitsap Fire & Rescue; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 BASIC LIFE SUPPORT SERVICES AGREEMENT BETWEEN THE CITY OF BREMERTON FIRE DEPARTMENT, SOUTH KITSAP FIRE AND RESCUE AND HANDLERS RACING ASSOCIATION This Agreement is entered into between SOUTH KITSAP FIRE & RESCUE, a Washington State Municipal Corporation, hereinafter referred to as the "DISTRICT ", the City of Bremerton Fire Department, a Washington State Municipal Corporation, hereinafter referred to as "CITY," and HANDLERS RACING ASSOCIATION, a Washington nonprofit corporation, and the principals in HANDLERS RACING ASSOCIATION, namely GORDON HOWELL and BARBARA HOWELL, husband and wife. HANDLERS RACING ASSOCIATION and the principals therein shall hereinafter be referred to as "ASSOCIATION," and shall each be jointly and severally liable for all obligations imposed upon the ASSOCIATION herein. The ASSOCIATION has requested the CITY and the DISTRICT to provide basic life support services at BREMERTON RACEWAY regarding raceway events to be held commencing in April 2014, and concluding in October 2014. The scheduled race dates are set forth as follows: April 11 May 2 June 1 July 4 Au ust 15 September 5 October 3 April 12 May 3 June 13 July 5 Au ust 16 September 6 October 4 April 13 May 4 June 14 July 6 August 17 September 7 October 5 April 18 May 9 June 15 July 11 Au ust 22 Se tember 19 April 19 May 10 June 27 July 12 August 23 September 20 April 20 May 11 June 28 July 13 August 24 Se tember 21 May 30 June 29 July 18 Se tember 26 May 31 July 19 Se tember 27 July 20 September 28 2014 BASIC LIFE SUPPORT SERVICES AGREEMENT BETWEEN SOUTH KITSAP FIRE & RESCUE CITY OF BREMERTON FIRE DEPARTMENT AND HANDLERS RACING ASSOCIATION Page 1 of 10 These said dates will hereinafter be referred to simply as "race dates ". The CITY and the DISTRICT, through its career firefighters have agreed to provide the services hereinafter set forth on the race dates. Now, therefore, in consideration of the foregoing recitals, and the promises and covenants of the parties hereinafter set forth, they agree as follows: 1. Services provided The CITY and the DISTRICT, through its career firefighters, will provide a fully equipped fire truck together with one firefighter and one Firefighter /EMT, at a minimum, on each race date indicated herein. CITY and DISTRICT personnel at each race date event shall be prepared to provide basic life support services and be equipped with radio communications to request immediate response of advanced life support services in the event such services are required. The CITY and DISTRICT will coordinate staffing for the event. The fire truck and firefighters will be prepared to provide immediate fire protection. The response goal of the CITY's and DISTRICT's resources is estimated to be approximately 60 seconds from notification of incident. It is expressly understood the fire protection will be provided in a safe manner according to CITY and DISTRICT standard operating procedures. CITY and DISTRICT personnel will also have the ability to request additional personnel and resources as required. Notwithstanding anything to the contrary, however, if emergency conditions are present in the territorial areas served by the CITY and /or DISTRICT on any race date, which conditions require the services of the equipment and personnel covered by this 2014 BASIC LIFE SUPPORT SERVICES AGREEMENT BETWEEN SOUTH KITSAP FIRE & RESCUE CITY OF BREMERTON FIRE DEPARTMENT AND HANDLERS RACING ASSOCIATION Page 2 of 10 agreement, then and in any such event, the services and equipment to be provided by the CITY and DISTRICT on any such race date shall be withdrawn. In the event emergency conditions prevent the providing of CITY and /or DISTRICT personnel and equipment, a representative of the CITY and DISTRICT shall attempt to notify GORDON HOWELL or BARBARA HOWELL as soon as possible at (360) 674 -2280. 2. Service times On Friday race dates, the services provided by the CITY and DISTRICT shall commence at 4:00 PM and shall end at approximately 9:00 PM. The June 27 race events shall begin at 11:00 AM. On the race dates falling on Saturdays, the services to be provided by the CITY and DISTRICT shall commence at 9:00 AM and shall cease at approximately 6:00 PM. On Sunday race dates, the services to be provided by the CITY and DISTRICT shall commence at 9:00 AM and end at approximately 7:00 PM. 3. Compensation For each race date event on which the CITY and DISTRICT provides the service identified herein, the ASSOCIATON shall compensate the DISTRICT at a rate of the staff actual overtime cost plus $250 per weekend for equipment usage and fuel. Compensation checks will be made payable to "South Kitsap Fire & Rescue," and tendered to the DISTRICT at 1974 Fircrest Drive SE Port Orchard, WA 98366, within 10 days of receiving an invoice from the DISTRICT office. The CITY shall provide the DISTRICT their actual overtime costs within 5 days of the event for reimbursement in which the CITY shall receive from the DISTRICT. 2014 BASIC LIFE SUPPORT SERVICES AGREEMENT BETWEEN SOUTH KITSAP FIRE & RESCUE CITY OF BREMERTON FIRE DEPARTMENT AND HANDLERS RACING ASSOCIATION Page 3of10 PROVIDED, HOWEVER, if the CITY and /or the DISTRICT representatives appear at a race event to provide the services called for herein, and if the races are canceled for any reason, or rained out, compensation shall be paid to the DISTRICT at a minimum of 2 hours. 3. Orientation by ASSOCIATION From time -to -time, the ASSOCIATION shall conduct orientations at Bremerton Raceway at times mutually agreeable to the ASSOCIATION and CITY/ DISTRICT, to allow CITY and DISTRICT personnel who are new to the facility to familiarize themselves with the different types of race cars and their characteristics and the services they may be called upon to provide. On March 22 from 10:00 AM to 3:00 PM, the ASSOCIATION will conduct extended technical inspections at the Bremerton National Airport parking lot. CITY and DISTRICT personnel may inspect and orient themselves to all types of race cars participating in the ASSOCIATION events. 4. Location of CITY and DISTRICT personnel and equipment on race dates On each race date, the ASSOCIATION shall provide a safe area for the CITY's and DISTRICT's equipment to be located and its personnel to observe rate events. The ASSOCIATION shall also provide to the CITY's and DISTRICT's personnel and its equipment an immediate response route to access racing equipment and spectators. 5. ASSOCIATION representative An ASSOCIATION representative shall be designated and available throughout each race day event on which CITY and 2014 BASIC LIFE SUPPORT SERVICES AGREEMENT BETWEEN SOUTH KITSAP FIRE & RESCUE CITY OF BREMERTON FIRE DEPARTMENT AND HANDLERS RACING ASSOCIATION Page 4 of 10 DISTRICT services are provided, to meet with CITY and DISTRICT personnel and answer any questions they may have. The ASSOCIATION representative designated on each race date shall seek to diligently solve any concerns raised by CITY and DISTRICT personnel to the satisfaction of CITY and DISTRICT personnel. 6. Insurance coverage Prior to the commencement of the CITY'S and DISTRICT's services hereunder, the ASSOCIATION shall deliver to the CITY and DISTRICT, for review by the CITY's and DISTRICT's insurance representative, a copy of the ASSOCIATION's insurance policy covering race day events, which policy shall provide acceptable coverage for CITY and DISTRICT property damaged at any race day event, liability coverage for the benefit of CITY and DISTRICT personnel regarding any and all property damaged by CITY and DISTRICT personnel, liability coverage regarding any injury to persons caused by CITY and DISTRICT personnel, and coverage for any injuries occurring to CITY and DISTRICT personnel. Prior to commencement of the CITY's and DISTRICT's services identified herein, the said insurance policy must be reviewed and accepted in writing by the CITY's and DISTRICT's insurance representative, to their mutual satisfaction. The said insurance policy must also provide that it will not be canceled or altered in any fashion without first providing to the CITY and DISTRICT thirty (30) days advance written notice. 7. Hold harmless In addition to the insurance coverage provided in section 6 hereof, the ASSOCIATION shall fully and completely, defend, indemnify hold the CITY 2014 BASIC LIFE SUPPORT SERVICES AGREEMENT BETWEEN SOUTH KITSAP FIRE & RESCUE CITY OF BREMERTON FIRE DEPARTMENT AND HANDLERS RACING ASSOCIATION Page 5 of 10 and DISTRICT, its personnel, and CITY and DISTRICT representatives harmless from any and all liability, of every kind and nature whatsoever, to which the CITY and DISTRICT, its personnel, or representatives are subjected, or are threatened to be subjected to, because of services provided herein and the attendance of the CITY and DISTRICT, its personnel and equipment at such events. It is further specifically and expressly understood that the indemnification provided herein constitutes the ASSOCIATION'S waiver of immunity under Industrial Insurance Title 51 RCW, solely for the purposes of this indemnification. The parties further acknowledge that they have mutually negotiated this waiver. 8. Termination This Agreement, and the services provided by the CITY and DISTRICT herein, except as provided below, shall terminate at the conclusion of the last race date event on October 5, 2014. Provided, however, and notwithstanding anything to the contrary herein, any party may terminate this Agreement and the services and obligations contained herein by providing the other party's with advance notice of its intent to terminate this Agreement at least ten (10) days prior to the termination date stated in the notice. All said termination notices, and other written notices, shall be directed to the parties at the following address: Handlers Racing Association at 2219 SW Pine Road, Port Orchard, WA 98367, and to the City of Bremerton Department at 2014 BASIC LIFE SUPPORT SERVICES AGREEMENT BETWEEN SOUTH KITSAP FIRE & RESCUECITY OF BREMERTON FIRE DEPARTMENT AND HANDLERS RACING ASSOCIATION Page 6 of 10 911 Park Avenue, Bremerton, WA 98337 and South Kitsap Fire & Rescue at 1974 Fircrest Drive, Port Orchard, WA 98366. 9. Cooperation of the parties The parties shall strive to cooperate with one another at all times so the terms and spirit of this Agreement may be fully implemented in a safe and harmonious manner. 10. Complete Agreement This Agreement constitutes the full and complete Agreement of the parties and shall supersede any prior verbal or written agreements and understanding of the parties regarding the matters contained herein. Any changes or amendments hereto shall be in writing and signed by all parties. 11. Legal action In the event legal action becomes necessary to enforce the terms of this Agreement, or regarding the terms of this Agreement, the prevailing party in any such action shall be entitled to receive from the losing party its reasonable attorney fees and costs involved in the action. The venue for any such action shall lie in Kitsap County, Washington. 12. Authority to sign The individuals signing this document in a representative capacity, hereby warrant and represent that they possess full legal authority to bind their respective organizations to terms thereof. 2014 BASIC LIFE SUPPORT SERVICES AGREEMENT BETWEEN SOUTH KITSAP FIRE & RESCUE CITY OF BREMERTON FIRE DEPARTMENT AND HANDLERS RACING ASSOCIATION Page 7 of 10 HANDLERS RACING ASSOCIATION: Date of signing: , 2014 by: by: GORDON E. HOWELL BARBARA F. HOWELL President Secretary/Treasurer PRINCIPALS IN ASSOCIATION: Date of signing: , 2014 by: by: GORDON E. HOWELL BARBARA F. HOWELL Address: 2219 SW Pine Road Address: 2219 SW Pine Road Port Orchard, WA 98367 Port Orchard, WA 98367 Phone No: (360) 340 -4462 Phone No: (360) 340 -4463 2014 BASIC LIFE SUPPORT SERVICES AGREEMENT BETWEEN SOUTH KITSAP FIRE & RESCUE CITY OF BREMERTON FIRE DEPARTMENT AND HANDLERS RACING ASSOCIATION Page 8 of 10 CITY OF BREMERTON: Date of signing: , 2014 By: PATTY LENT, Mayor Approved as to form: Attest: ROGER LUBOVICH SHANNON CORIN City Attorney City Clerk 2014 BASIC LIFE SUPPORT SERVICES AGREEMENT BETWEEN SOUTH KITSAP FIRE & RESCUE CITY OF BREMERTON FIRE DEPARTMENT AND HANDLERS RACING ASSOCIATION Page 9 of 10 South Kitsap Fire $ Rescue Date of signing: , 2014 By: by: DUSTY WILEY, Board Chair GERALD PREUSS, Board Vice Chair By: by: MICHE ESLAVA, Commissioner DAVE GELSLEICHTER, Commissioner By: PAUL GOLNIK, Commissioner By: by: STEVE WRIGHT, Fire Chief KEN BAGWELL, District Secretary 2014 BASIC LIFE SUPPORT SERVICES AGREEMENT BETWEEN SOUTH KITSAP FIRE & RESCUE CITY OF BREMERTON FIRE DEPARTMENT AND HANDLERS RACING ASSOCIATION Page 10 of 10 0 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Ordinance No. 5247 Updating Study Session Date: April 9, 2014 Section 11.10.010 of the Bremerton COUNCIL MEETING Date: April 16, 2014 Municipal Code due to a grammatical error Department. City Attorney's Office Presenter: Roger A. Lubovich Phone 360- 473 -2345 SUMMARY: The current provisions of Section 11.10.010 of the Bremerton Municipal Code relating to hazardous conditions on sidewalks contains a grammatical error and City Council desires to update provisions of Section 11.10 010 of the Bremerton Municipal Code to correct the error. ATTACHMENTS: Ordinance No. 5247 FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA. ❑x No Presentation ❑ Full Presentation STUDY SESSION ACTION: © Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve Ordinance No. 5247 updating Section 11.10 010 of the Bremerton Municipal Code in order to correct a grammatical error. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/12 ORDINANCE NO. 5247 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Section 11.10.010 of the Bremerton Municipal Code related to hazardous sidewalk conditions. WHEREAS, the current provisions of Section 11.10.010 of the Bremerton Municipal Code relating to hazardous conditions on sidewalks contains a grammatical error; and WHEREAS, the City Council desires to update provisions of Section 11.10.010 of the Bremerton Municipal Code to correct the error; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION]. Section 11.10.010 of the Bremerton Municipal Code entitled "Hazardous Conditions Prohibited" is hereby amended to read as follows: 11.10.010 HAZARDOUS CONDITIONS PROHIBITED. (a) It shall be the duty of persons occupying property abutting on public sidewalks to keep those sidewalks free of snow, ice, obstruction or other objectionable thing. It shall be -the duty ef unlawful for the owner and/or any person, firm, or corporation occupying or having charge or control of any premises abutting upon any public street, right -of -way, or alley, or beneath such public sidewalk area in the City to construct, place, cause, create, maintain, or permit to remain upon any sidewalk any condition, structure, or object dangerous or hazardous to the use of said sidewalk by the members of the general public including, but not limited to, the following conditions: (1) Defective sidewalk surfaces including, but not limited to, broken or cracked cement, stub -toes, depressions within or between sidewalk joints; (2) Defective cement surfaces placed adjacent to the public sidewalk or defects at the juncture between said cement surfaces and said public sidewalks, including stub - toes or depressions at said junction; (3) Defects in sidewalks or public ways caused or contributed to by the roots of trees or similar growth or vegetation located either on private adjoining property or on the parking strip portion of any such street right -of -way; (4) Defective conditions caused by tree limbs, foliage, brush or grass on or extending over such public sidewalks or rights -of -way; (5) Defective conditions on the planting strip, unless posted for parking; (6) Defects resulting from accumulation of ice and snow on public sidewalks or on the right -of -way between the curbline or, if there is no curbline, then between the adjacent edge of the traveled portion of the street roadway and the abutting property line; (7) Defects consisting of foreign matter on the public sidewalks including, but not limited to, gravel, oil, grease, or any other foreign subject matter that cause pedestrians using said sidewalk to fall, stumble or slip by reason of the existence of such foreign matter; 1 BMC 11.10.010 Sidewalk Hazardous Conditions (8) Defective handrails or fences or other similar structures within or immediately adjacent to said right -of -way. (b) The term "person occupying property" shall mean owners, tenants, subtenants and licensees who occupy or are entitled to occupy and make general use of property. (1) In the case of apartment houses, rooming houses, courts, and similar buildings, the term "person occupying property" shall mean that person or persons owning or in control and management of the building on the property. (2) In the case of office buildings, duplexes and other property occupied by more than one (1) person, firm or family and not included in subsection (b)(1) of this section the term "person occupying property" shall mean each of the owners or occupants of such building whose premises are on the sidewalk level and they shall be responsible for so much of the sidewalk as is adjacent to their premises. (c) For purposes of this section, the term "sidewalk" shall mean part of any right -of- way located between the curbline, or if there is no curbline, then between the adjacent edge of the traveled portion of such right -of -way and the abutting property line. (d) Construction or reconstruction of a sidewalk by the abutting property owner may be required when necessary for public safety and convenience pursuant to Chapter 35.69 RCW. SECTION 2. Severability. If anyone or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. 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 , 2014 GREG WHEELER, Council President Approved this day of 1 2014 PATTY LENT, Mayor ATTEST: APPROVED AS TO FORM: SHANNON CORIN, City Clerk ROGER A. LUBOVICH, City Attorney 2 BMC 11.10.010 Sidewalk Hazardous Conditions PUBLISHED the day of , 2014 EFFECTIVE the day of , 2014 ORDINANCE NO. R \Legal\Legal \Ordinances\Pubhc Works & Utilities\BMC I 1 10 010 Housekeeping docx 3 BMC 11.10.010 Sidewalk Hazardous Conditions AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Amendment No. 2 to Lease Study Session Date: April 9, 2014 Agreement No 4390 with Port Orchard COUNCIL MEETING Date. April 16, 2014 Sand & Gravel Department. Public Works & Utilities Presenter Bill McKinney Phone: 360.473.5354 SUMMARY: The existing lease terminated on March 27, 2014. Port Orchard Sand & Gravel had previously requested an extension of the existing Lease to Remove Gravel through December 31, 2015 The existing site is approximately 27 acres and is within the City's permitted biosolids application site. All other terms of the agreement will remain unchanged. ATTACHMENTS: 1) Amendment No. 2 to Lease to Remove Gravel 2) Site and Vicinity photomaps FISCAL IMPACTS (Include Budgeted Amount): Royalties from gravel and sand mining provide a minimum of $20,000 and up to $75,000 annually to the Water Utility. STUDY SESSION AGENDA: © No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑x Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve Amendment No. 2 to the Lease Agreement with Port Orchard Sand & Gravel and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 AMENDMENT NO.2 TO LEASE TO REMOVE GRAVEL WHEREAS, the CITY OF BREMERTON, a municipal corporation of the State of Washington, "City" and PORT ORCHARD SAND AND GRAVEL, INC., a Washington corporation, "Lessee" entered into a lease for grave] removal; and WHEREAS, the term of the Lease commenced on September 27, 2003 and terminated on September 27, 2013; and WHEREAS, the parties entered into Amendment No 1 to Lease to extend the term of the lease to March 27, 2014, and WHEREAS, the parties now desire to enter into Amendment No. 2 to Lease to extend the term of the lease to December 31, 2015; NOW THEREFORE, for mutual consideration, City and Lessee agree as follows: Section 2 of the Lease is hereby amended to extend the termination date of the Lease to Remove Gravel to December 31, 2015. All other terms of the Lease not specifically amended herein shall remain in full force and effect. IN WITNESS WHEREOF the parties hereto have executed this Amendment the date and year indicated. PORT ORCHARD SAND AND GRAVEL COMPANY, INC. Print Name Date Its CITY OF BREMERTON Patty Lent, Mayor Date ATTEST: APPROVED AS TO FORM: City Clerk Roger A. Lubovich, City Attorney R \Lcgal \Legal \Contracts \PUBLIC WORKS\Hmendment No 2 to Lease to Remove Gravel -Port Orchard Sand and Gravel doc 1 1:11: E•�'� � ll � ° � . , •,� _ � - �''��!' � ; t ` � ! p!oration "Area " nj '`;, t =bay 'A rQ 6 - • � � � 1 1 4,.. r r w 1 1 f r Ins .. r iT d 11 r YYY x 'J11 1 1 1 :1 II 1` I :I 1 :II 1 From: Lori Smith Sent: Thursday, April 10, 20141040 AM To: City Council Cc: Roger Lubovich, Patty Lent Subject: April 16 Council Packet - Additional Information for Item 7(F) "Lease Agreement with Port Orchard Sand & Gravel" Attachments: POSG Signed Lease Agreement pdf; POSG Revenues.pdf Attn: Council Members The e-mail below with attached documents will be included in the Agenda Bill for Item 7(F). "Amendment No. 2 to the Lease Agreement with Port Orchard Sand & Gravel ". Lori Smith Legislative Assistant Bremerton City Council (360) 473 -5280 From: Bill McKinney Sent: Thursday, April 10, 2014 10:30 AM To: Lori Smith Cc: Chal Martin; Milenka Hawkins- Bates; Ken Donleycott Subject: Study Session Follow -up Lori, 1) Amendment #2 to Lease Agreement No. 4390 with Port Orchard Sand & Gravel Councilman Runyon requested that the original lease be made available to Council, so it is attached. The only change the amendment makes is extending the term through 12/31/15. Also attached for information is my record of payments. Note: current per unit royalty prices paid to the City have increased approximately 25% over the original 2003 agreement values (about 2.5 % per year) Please convey this as you think appropriate. Thanks. Bill 1 Port Orchard Sand & Gravel - Industrial Pit Revenue to City Year Minimum Annual Scale Royalty Se 1- Royalty re aid for Payments for Sand & Au 31 ear ahead Gravel Total Comments 2003 -04 20,000.00 0 20, 000.00 Existing stockpiles per 3e. of contract 200405 20,000.00 0 20,000.00 Existing stockpiles per 3e. of contract 2005-06 20,000.00 52,711.43 72,711.43 2006 -07 20,000.00 55,894.12 75,894.12 2007-081 20,000.00 55,297.31 75,297.31 2008 -09 20,000.00 38,374.21 58,374.21 2009 -10 20,000.00 30,643.39 50,643.39 2010 -11 20,000.00 0 20,000.00 Gravel production less than minimum. 2011 -12 20,000.00 38,900.98 58,900.98 2012 -13 20,000.00 0 20,000.00 Gravel production less than minimum. Amendment i extension exp. 3/27/14, Amendment 2 extension to 2013 -14 20,000.00 20,000.00 12/31115 pending To Date 220,000.00 $271,821.44 491,821.44 Thru November 2013 Current royalty payment based on approx $0.71 /ton for processed gravel and approx. $0.40 /ton for reject sand POSG Lease Revenue 11/19/13 Contract Number: 43.90 Vendor: PORT ORCHARD'SAND & GRAVEL CO INC Subject: Gravel Removal Department: Forestry File Class:' LEG 12 -1 Begin Date: 09/27/2003 End Date: 09/26/2013 Review Date: 07/01/2013 Vault Date: Comments: $20000 per year minimum royalty LEASE TO REMOVE GRAVEL This Lease to Remove Gravel ( "Lease ") from real property in those portions of Sections 2 and 11, Township 23 North, Range 1 West, W.M., lying within the area covered by an existing State surface mining permit and approved by the City and more fully described in Exhibit "A" attached hereto and incorporated by reference herein ( "Property "), made and entered into this day by and between the City of Bremerton ( "City ") a municipal corporation of the State of Washington and Port Orchard Sand and Gravel Company, Inc., a Washington Corporation ( "Lessee "), collectively referred to as the "Parties ". RECITALS Whereas the City is the owner of the Property; and Whereas Alpine Evergreen Company, Inc., ( "Alpine ") was the owner by right of reservation of the gravel located on the Property which expires on September 27, 2003; and Whereas Alpine and Lessee are parties to a lease to remove gravel from the subject premises which expires contemporaneously with the expiration of Alpine's right of reservation; and Whereas Lessee desires to lease from the City, and the City desires to lease to Lessee, for the purpose of gravel removal, the Property pursuant to the terms set forth below, NOW THEREFORE; the parties agree as follows: AGREEMENT 1. Grant of Lease: For and in consideration of the payments unto them by the Lessee of the monies hereinafter specific and the performance by Lessee of the covenants and obligations herein provided, the City does hereby lease to Lessee the Property for the limited purpose of processing and removing sand and gravel therefrom. 2. Term: The term of this lease shall be for a period of ten (10) years commencing on September 27, 2003 (at the termination of the Alpine Lease) and terminating on September 27, 2013, and further subject to termination as hereinafter provided. 3. Payment: Lessee covenants and agrees to pay to the City as compensation for the lease granted hereunder the following: a. A royalty of fifty -seven genes 0.57 per ton for all processed gravel taken from the Property, and a royalty of thy' y-�vo (K. per ton for all reject sand taken from the Property. In lieu of cash payment, the City may at its option take royalties in the form of materials processed by lessee according to the following schedule of values: LEASE TO REMOVE GRAVEL 1 9/24/2003 Lessee will receive a credit equal to the then existing retail price for the product sold to the City less a ten percent 10 % discount. Lessee shall provide the City with current product retail prices and shall notify the City in writing as those prices are revised. This credit will be applied to the royalty payable hereunder, but will not reduce the minimum annual royalty. If the credit is not used to offset the royalties payable for the year in which the materials were sold, then the credit may be carried over to future years. b. Lessee shall review and report to the City its retail aggregate prices on or before September 1 of each year. Should Lessee increase its retail aggregate prices the royalty (but not the minimum annual royalty) will be increased by that same percentage. In no event shall the royalty be less than the amounts set forth in ¶ 3(d), below. c. The royalties paid yearly by the Lessee to the City shall be based on the actual tonnage removed, and the records of the Lessee shall be subject to inspection by the City, upon three (3) days notice, at any time during Lessee's regular business hours. d. Lessee agrees to pay to the City the minimum sum of tw= thousand dollars 20 000 (minimum annual royalty) to be paid at the commencement of the lease, and on or before September 1 of each subsequent year. This amount shall be credited against royalties for later removal for the year. Payment for royalties in addition to the minimum annual royalty, if any, shall be due and payable to the City on or before October 27 of 2004 and each subsequent year of this lease. If the royalties payable for a fiscal year (September I to August 31 of each year) are less than the minimum annual royalty, then the deficiency will be carried over the following year(s) and used as credit against royalties payable in the subsequent years. e. Existing stockpiles of processed gravel as of September 27, 2003 shall remain the property of the Lessee for a period of one year from the effective date of this agreement and is not subject to royalty payments to the City. On or before September 27, 2003, the parties will meet and measure the volumes of the existing stockpiles of processed gravel and record the volume in writing (the "Agreed Stockpile Volume "). Alpine will be paid the royalty due for removal of the Agreed Stockpile Volume. Payments shall be made as the gravel is removed. Until October 1, 2004, removal of gravel up to the Agreed Stockpile Volume will not be considered in calculating the royalties payable under subsection 3(a) above. 4. Use: The use of the Subject Property shall be limited to the processing and removal of gravel and sand. Any other use is prohibited. Lessee shall keep on file with the City a current operating plan and surface mining permit issued by the Washington State Department of Natural Resources (DNR Permit) Lessee shall obtain and furnish copies to the City any and all permits required for the operation of the site. Lessee shall not permit debris or refuse to be deposited on the Property. LEASE TO REMOVE GRAVEL 2 9/24/2003 I Lessee shall not make any alterations, additions, or improvements to the Property not provided in the approved operating plan or DNR Permit without first obtaining consent of the City. All alterations, additions, and improvements will be at the sole cost and expense of the Lessee. Except for the well and the well house, any buildings or equipment will remain the property of the Lessee, which will remove those buildings and equipment upon termination. Without limiting the foregoing, Lessee will remove the wash plants, including the conveyor belts, the clarifying tank, and the truck scale. The City, its agents, officers, employees and representatives may enter the Property at any time, but the City will not have the right to remove any gravel or sand or other materials at the Property without the prior consent of the Lessee. The City reserves the right to use the Property for purposes and in a manner that are compatible and do not interfere with Lessee's operation. 5. Performance Bond: Lessee shall maintain in force and effect the performance bond required by the DNR Permit for site reclamation. A copy of the performance bond shall be provided to the City within 30 days of issue as required by the DNR Permit. 6. Termination: a. This Agreement may be terminated, at will, by either Party upon 90 days' written notice to the other Party. This Agreement may be immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the terminating Party, and the non - performing Party does not commence correction of the failure of performance pursuant to paragraph 10 of this agreement. b. Upon termination, for whatever reason, Lessee shall complete all required pit reclamation as required by DNR reclamation plan, or other law, ordinance or authority. Provided that: Lessee shall complete all required pit reclamation as required by 6b above within one (1) year from the notice of termination. c. Upon Termination In the event of termination without cause by Lessee, or termination for cause by the City, the Lessee shall forfeit all monies paid or due pursuant to paragraph 3 (d). Upon termination without cause by the City, the City shall refund monies paid pursuant to paragraph 3 (d) on a pro rata basis. 7. Indemnification: Lessee shall defend indemnify and hold the City harmless against and from any and all claims by or on behalf of any person, firm, or corporation arising from the conduct or management of or from any work or thing whatsoever done by Lessee or its agents, contractors, servants or employees in or about the Subject Property. Lessee shall further defend, indemnify and hold the City harmless against and from any and all claims arising from any breach or default on the part of Lessee to be performed, pursuant to the terms of this Lease, or arising from any act or negligence of Lessee or any of its agents, contractors, servants or employees occurring during the term of this LEASE TO REMOVE GRAVEL 3 9/24/2003 agreement on or about the Subject Property, and from and against all costs, attorneys' fees, expenses, and liabilities incurred in and about any such claim or action or proceeding brought thereon. The provisions of this section shall survive the expiration of this agreement. S. Liability Insurance: Lessee shall procure and maintain for the duration of this agreement Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 00 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage against claims for injuries to persons or damage to property which may arise from or in connection with the Lessee, its agents, contractors, or servants use of the Subject Property. The City shall be named as an additional insured on this policy. Prior to the commencement of this Lease, the Lessee shall provide a Certificate of Insurance evidencing the above, together with an endorsement naming the City, its officials, employees, agents and volunteers as an additional insured. 9. Condemnation: If the Subject Property or any part thereof shall be taken or acquired by any entity having the right of eminent domain, either under said right or by purchase without the exercise of said right, the City may, at its option, terminate this agreement without paying any consideration to Lessee. No part of any award allocable to the real property shall belong to the Lessee, BUT Lessee shall retain the right to claim damages from the condemning authority for the loss of business, moving costs, and loss of value to trade fixtures. 10. Default: The occurrence of any of the following shall, at the option of the City, and without notice or demand on Lessee, constitute an event of default hereunder: a. Failure to pay any sums owing under this lease within ten (10) days after the same becomes due. b. Failure of Lessee to observe or perform any of Lessee's covenants and/or agreements hereunder. c. Lessee becomes insolvent or being adjudicated bankrupt or making an assignment on behalf of creditors. d. Institution by or against Lessee of any bankruptcy, insolvency, reorganization, debt adjustment or liquidation proceeding, provided however, that Lessee shall have ninety (90) days to obtain dismissal of any involuntary petition in bankruptcy before being deemed to be in default. e. Seizure or levy of any legal or governmental process upon the property placed by Lessee upon the subject premises. 11. Remedies: Whenever an event of default shall exist and shall not have been remedied within thirty (30) days after written notice setting forth the specific breach of this Lease has been given by the City to Lessee , then the City may, at its option, terminate this Lease. The remedies provided hereunder shall be in addition to any other LEASE TO REMOVE GRAVEL 4 9/24/2003 remedies available to the City under law, and may be exercised singularly, concurrently, or successively. 12. Non- Waiver. The failure of the City to insist upon strict performance of any of the terms and rights contained herein, or to exercise any option conferred in one or more instances, shall no be construed as a waiver or relinquishment of those terms and rights and they shall remain in full force and effect. 13. Assignment: Any assignment of this Lease by the Lessee without prior written consent of the City shall be void. Such consent shall not be unreasonably withheld. 14. Liens: Lessee shall not permit any lien or encumbrance of any kind to be placed upon the premises which are subject of this lease. Lessee agrees that in the event any lien is filed against the property due to the acts or failure to act of Lessee, that Lessee will, within thirty (30) days, either discharge such lien or post a bond. 15. Abandonment: Upon abandonment of the premises by Lessee without written consent of the City, the City may take control of the premises including the equipment and structures placed thereon by Lessee. Such entry and control by the City shall not release Lessee from the obligations herein, and Lessee shall remain liable and continue bound by this agreement unless the City, in the City's sole discretion, elects to terminate the agreement. Lessee shall not be deemed to have abandoned the Property unless it ceases to operate its business at the Property for a period of more than six (b) consecutive months, unless the Lessee has indicated by word or deed, a clear and convincing intent to abandon 16. Notice: Any notice required to be given under this Lease shall be deemed given three (3) days subsequent to deposit of such notice(s), properly addressed, in the United States Mail, postage prepaid, sent by registered or certified mail, return receipt requested. TO CITY: City of Bremerton ATTN: Director of Public Works & Utilities, Forestry Manager 3027 Olympus Drive Bremerton, WA 98310 TO LESSEE: Port Orchard Sand and Gravel Company, Inc. ATTN: Dean Moergeli LEASE TO REMOVE GRAVEL 5 9/24/2003 PO BOX 181 Port Orchard, WA 98366 17. Governing Law: This agreement shall be governed and construed in accordance with the laws of the State of Washington. If any dispute arises between the City and the Contractor arising from this agreement, resolution of that dispute shall be only through the jurisdiction, venue and rules of the Superior Court of Kitsap County, Washington. 18. Attorneys' Fees: In any claim or suit arising from this agreement, each party shall be responsible for payment of its own legal costs and attorneys' fees incurred in defending or bringing such claim or lawsuit: however, nothing in this subsection shall limit the City's right to defense and indemnification pursuant to 17. 19. Modification: No waiver, alteration, or modification of any of the provisions of this agreement shall be binding unless in writing a signed by a duly authorized representative of the City and Lessee. 20. Severability: If any one or more sections, subsections, or sentences of this agreement are held unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this agreement and the remainder shall remain in full force and effect. 21. Captions: The captions of this Lease are inserted for convenience and are not to be construed as part of this agreement or in any way limiting the scope or intent of the provision. 22. Entire Agreement: Lessee has inspected the Subject Property and has found the same to be to its satisfaction. The written provisions and terms of this agreement, together with any attached exhibits, supercede all prior verbal statements by any representative of the City, and those statements shall not be construed as forming part of or altering in any manner this agreement. This agreement any attached exhibits contain the entire agreement between the parties. LESSEE: PORT ORCHARD SAND AND GRAVEL COMPANY, INC. Date: & By: Its: LEASE TO REMOVE GRAVEL 6 9/24/2003 LESSOR: CITY OF 13REMERTON Date: BY4 Cary Bozeman, Mayor ATTEST: APPROVED AS TO FORM: Roger A Lubovich, City Attorney LEASE TO REMOVE GRAVEL 7 9/24/2003 au Exhibit A s o ' • N L a ' ro � f e • V • • • • e .- • N e- • • • e • •w ww wwewwweeeeeeeereoww••w eretreewwesee wwreweewewwweewweer wsrooroswwweweoeoerweoww• ewwee� • • • • • • • • =wwowwwwrwewerewewwwwrewwoorf wewewwewoeweewewooeeeweeo O � c rwwweewewe•ew•wwewewerwsose i roewew a 006000- • a • e • • • • • r • G • • • •� a ;S z i� •x Y i� ewweewrowo wwerswww rswwo w•srrwewwwewrrwoewwerreoewrrr ore• rweewewweeeeesww eereeww• • • • O • • • • e • • e r r AGENDA BILL CITY OF BREMERTON 7Q CITY COUNCIL ■■ rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr SUBJECT: Amendment No. 1 to Interlocal Study Session Date: April 9, 2014 Agreement for Expansion of the Kitsap COUNCIL MEETING Date: Aril 16, 2014 Regional Conference Center Department: PW &U Presenter: Chal Martin Phone: X 5758 SUMMARY: The Kitsap Public Facility District (KPFD) has agreed to fund an additional $21,474.00 to the Kitsap Regional Conference Center expansion project. The additional funds will allow for the purchase of specialized kitchen equipment. This will bring the total amount contributed by the KPFD to $441,474.00 for the expansion project. ATTACHMENTS: 1) Amendment No. 1 FISCAL IMPACTS (Include Budgeted Amount): The revenues will offset the additional expenditure authority so the net impact is zero. STUDY SESSION AGENDA: 9 No Presentation ❑ Full Presentation STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve Amendment No. 1 to the agreement with Kitsap Public Facilities District, and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented, and authorize an increase of $21,474 to the 2014 Conference Center Expansion fund budgeted revenue and expenditures. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 I AMENDMENT NO.1 TO INTERLOCAL AGREEMENT REGARDING FUNDING FOR EXPANSION OF THE KITSAP REGIONAL CONFERENCE CENTER Paragraph 3.A. is modified as follows: 3. Funding. A. Amount of KPFD Funding. The KPFD and the City are prepared to fund Additional Improvements with a current estimated cost of approximately $1,100,000 (One- Million and One Hundred Thousand Dollars). Of this cost, the KPFD agrees to contribute $441,474 (Four Hundred Forty One Thousand, Four Hundred Seventy Four Dollars) to the City, based on the following requirements: (1) the execution of The Transit Harborside Building Lease Agreement with Kitsap Transit for approximately 6,750 SF on the Third Floor; (2) the City having Commitments for all of the other funding for the Additional Improvements; (3) the City entering into a construction contract and (4) the City obtaining permits required to begin construction. The KPFD funds shall be transferred to the 96976 KPFD Facility Project Fund with the Kitsap County Auditor for disbursement as set forth below Attest: CITY OF BREMERTON Shannon L. Corin, City Clerk Patty Lent, Mayor Approved as to form: Roger Lubovich, City Attorney Attest. KITSAP PUBLIC FACILITIES DISTRICT Anne Blair, Treasurer Teresa Osinski, Chair Approved as to form: Brian E. Lawler, General Counsel Socius Law Group PLLC R \Lega1\Lega1\Fi1es \Current Active Files \Conference Center\HaIborslde Conference Center Expansion \ILA Amendment No 1 docx I AGENDA BILL CITY OF BREMERTON 714 CITY COUNCIL ommommoommmmmomommmmmammmmosommmmosommmmmonommmmmomommmmummommmmmommmmommmmummmmmmosommI SUBJECT: Purchase and Sale Agreement Study Session Date: April 9, 2014 for Right of Way on Lower Wheaton Way COUNCIL MEETING Date April 16, 2014 (LWW) Project Department: Public Works & Utilities Presenter Martin Phone: 473 -5758 SUMMARY: The original grant application for the project has the City responsible for construction of a ten foot sidewalk on the west side of the roadway along with other roadway improvements, and no sidewalk on the east side. In public meetings and communication with the Transportation Improvement Board (TIB) personnel, strong support was voiced for the project to construct a sidewalk on the east side of the roadway. In the area just south of E. 18 Street, the City has inadequate right of way to construct the sidewalk. In discussions with the adjacent property owner, John Stephanus, he has agreed to convey sufficient right of way to adjust the roadway slightly west and allow for the sidewalk to be constructed This conveyance is being done in exchange for City forces removing the former Maple Leaf Tavern located on the property. ATTACHMENTS: 1.) Purchase and Sale Agreement, 2) Exhibits FISCAL IMPACTS (Include Budgeted Amount): Total cost to the City for completing the demolition and removal of the structure, asbestos survey and removal, recording conveying documents, and negotiations is $18,000. There are funds budgeted within the project and department budgets. STUDY SESSION AGENDA: © No Presentation ❑ Full Presentation STUDY SESSION ACTION: M Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the purchase and sale agreement for the exchange of services for additional right of way for the LWW project and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 REAL ESTATE PURCHASE AND SALE AGREEMENT WITH EARNEST MONEY PROVISION This agreement controls the terms of the sale of real property. (Please read carefully before signing.) This Agreement is entered between the CITY OF BREMERTON, a Washington municipal corporation ( "Buyer "), and JOHN W. STEPHANUS, a private citizen ( "Seller "), for the sale and purchase of real property as follows: 1. PROPERTY. A portion of the property, including all improvements and appurtenances situated thereon, which Buyer agrees to buy and Seller agrees to sell, is commonly known to be located at 1735 Wheaton Way, Bremerton, Washington (the "Property"), and which Property is legally described in Exhibit A, attached hereto and incorporated herein by this reference. A map indicating the location of the Property is also attached as Exhibit B, incorporated herein by this reference. 2. EARNEST MONEY. No earnest money is to be received from the Buyer. 3. PURCHASE PRICE. The total purchase price for the Property is an exchange for services from the City. In consideration of the Seller granting to the Buyer fee simple interest of the Property described in Exhibit A, the City agrees to: • Be responsible for obtaining all required permits and costs thereof, associated with the building demolition of the former Maple Leaf Tavern. • Survey and abate asbestos in the former tavern. • Demolish the former tavern and remove all debris from the demolition. • All concrete up to 5 -feet from the proposed new sidewalk is to be removed and hauled away for disposal. The concrete base for the existing fencing and any slabs shall remain along with the existing retaining walls for the adjacent slope. • The demolition area will be filled and compacted as needed to provide an overall level finish grade to the site. • Debris, fencing, sheds, roofing, and debris located in and around the former tavern and outdoor seating area shall be removed. 4. CONTINGENCIES. This agreement is contingent upon: (a) Acceptance of its terms by the Bremerton City Council (b) Buyers review and approval of the title report on the property prior to Closing. (c) Buyer's review and approval of Seller's information contained in the Real Property Transfer Disclosure Statement. (d) A Feasibility Study as follows: (1) Buyer shall have the opportunity to conduct a feasibility study to determine if, in Buyer's sole and absolute discretion, the Property is REAL ESTATE PURCHASE AND SALE AGREEMENT March 2014 Page 1 of 6 feasible for investment and/or development by Buyer. (2) Buyer's feasibility study may include (but is not limited to) a Phase I and/or Phase II environmental assessment, utilities availability and capacity, access availability, zoning, preliminary architectural and engineering studies, marketing feasibility. (3) A Phase I environmental assessment generally will consist of a review of title of ownership and land use, review of geologic and hydrologic maps of the area, review of federal and state databases for known hazardous water generators or contaminated sites and a site visit If the Phase I review reveals the potential of a contaminated site, a Phase H environmental assessment may be conducted which generally will consist of on -site sampling, including the digging or boring of test holes for soil samples. By executing this agreement, Seller hereby authorizes Buyer a right of entry on to the property the purpose of conducting this feasibility study including a Phase I, and if necessary, a Phase II environmental assessment. Seller will be notified f a Phase II environmental assessment is to be conducted. (4) Buyer agrees to conduct its feasibility study at its sole cost and expense; and if Buyer does not remove the feasibility contingency on or before the expiration of the feasibility period, then Buyer also agrees, if requested by Seller, to deliver to Seller copies of all information and documentation obtained by Buyer in connection with its feasibility study. (5) For any on -site activity performed by Buyer during the feasibility study, Buyer agrees to return the Property to its original state (i.e., fill all boring holes, etc.). Should any of these contingencies not be met within 5 days from the date of mutual acceptance of this Agreement, then this Agreement shall terminate and neither Buyer nor Seller shall have any further rights, duties or obligations hereunder. 5. CONVEYANCE AND CONDITION OF TITLE. The title to the real property shall be conveyed by Seller to Buyer at closing by Statutory Warranty Deed, free and clear of all liens, encumbrances or defects except those described in Paragraph 6 below 6. TITLE INSURANCE. At Closing, Seller shall cause Land Title Company, whose address and telephone number is 9657 Levin Road NW, Silverdale, WA 98383; 360 -692- 2233, to issue a standard form owner's policy of title insurance to Buyer at Buyers request. For purposes of this Agreement, the following shall not be deemed encumbrances or defects: rights reserved and federal patents or state deeds; building or use restrictions consistent with current zoning, and utility and road easements of record. If title cannot be made so insurable prior to the Closing date called for herein, unless, Buyer elects to waive such defects or encumbrances, this REAL ESTATE PURCHASE AND SALE AGREEMENT March 2014 Page 2 of 6 agreement shall terminate 7. CLOSING COSTS AND PRO - RATIONS. The cost of escrow shall be shared equally between Buyer and Seller, except those fees which are expressly limited by Federal Regulation. Seller shall pay for excise tax and revenue stamps. Taxes for the current year, rents, interest, Association, Condominium and/or Homeowner's fees, water and other utility charges, if any, shall be pro -rated as of date of closing unless otherwise agreed. 8. CLOSING OF THE SALE. With the understanding that time is of the essence for this agreement, this sale shall be closed by June I s ', 2014 which shall also be the termination date of this agreement unless said closing date is extended in writing by mutual agreement of the parties. When notified, the Buyer and Seller will deposit, without delay, in escrow with Land Title Company, all instruments and monies required to complete the transaction in accordance with this agreement. Closing, for the purpose of this agreement, is defined as the date that all documents are executed and the sale proceeds are available for disbursement to the Seller. 9. CASUALTY LOSS. If prior to closing, improvements on said premises shall be destroyed or materially damaged by fire or other casualty, this agreement, at option of the Buyer, shall become null and void. 10. POSSESSION. Buyer shall be entitled to possession on closing, Except that Buyer at its discretion has the option of entering onto the Property to fulfill its obligations under this Agreement prior to closing. Seller expressly authorizes Buyer to enter onto the Property without notice prior to closing to conduct an asbestos survey, begin demolition and removal of the building, and any other obligation of the Buyer under this Agreement. 11. SELLER'S REPRESENTATIONS. Seller represents that: (a) Seller will maintain the Property in present or better condition until time of agreed possession, (b) Seller has no knowledge or notice from any governmental agency of any violation of laws relating to the subject Property except: (c) The Property is not encumbered by any leases. 12. SELLER'S ENVIRONMENTAL REPRESENTATIONS. Seller represents that to the best of his/her knowledge that he /she is not aware of existence of, or has caused or allowed to be caused, any environment condition (including, without limitation, a spill, discharge or contamination) that existed as of and /or prior to the closing date or any act of omission occurring prior to the closing date, the result of which may require remedial action pursuant to any federal, state or local law or may be the basis for the assertion of any third party claims, including claims of governmental entities except: This provision shall survive the closing and be in addition to Seller's obligation for breach of a representation or warranty as may be set forth herein REAL ESTATE PURCHASE AND SALE AGREEMENT March 2014 Page 3 of 6 13. SELLER'S INDEMNITIES: Seller agrees to indemnify and hold harmless the Buyer, against and in respect of, any and all damages, claims, losses, liabilities, judgments, demands, fees, obligations, assessments, and expenses and costs, including, without limitation, reasonable legal, accounting, consulting, engineering and other expenses which may be imposed upon or incurred by Buyer, or asserted against Buyer, by any other party or parties (including, without limitation, a governmental entity), arising out of or in connection with any environmental condition existing as of and/or prior to the closing date, including the exposure of any person to any such environmental condition, regardless of whether such environmental condition or exposure resulted from activities of Seller or Seller's predecessors in interest. This indemnity shall survive the closing and be in addition to Seller's obligation for breach of a representation or warranty as may be set forth herein. 14. DEFAULT AND ATTORNEY'S FEES. (a) Buyer's Default. If Buyer defaults hereunder, Seller's sole remedy shall be limited to out of pocket expenses incurred by Seller attributed directly and solely to Buyer's default. Seller is not entitled to lost profits, loss of future earnings, loss of business opportunity or any other damages. (b) Seller's Default. If Seller defaults hereunder, Buyer shall have all the rights and remedies available at law or in equity. Specifically, Buyer is entitled to repayment for any and all costs associated with Buyer's fulfillment of its obligations under this agreement, including but not limited to the cost of the asbestos survey, demolition, removal of debris and any other obligation fulfilled by Buyer. Buyer's costs include, but are not limited to, all moneys paid to contractors, rental equipment fees, use of City workforce and all other costs associate with fulfilling Buyer's obligations under this Agreement. By this Agreement in the event of Seller's default, Seller grants a lien to Buyer in the amount of Buyer's costs to be placed on Seller's property upon which the building, which is the subject of this agreement, is located. (c) Attorney's Fees and Costs. In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. 15. NOTICE TO SELLER. This form contains provisions for an agreement for the purchase and sale of real estate. Buyer makes no warranty or representation of any kind that this form, or any of its provisions, is intended to meet the factual and legal requirements of a particular transaction, or that it accurately reflects that laws of the State of Washington at the time you enter the agreement. This agreement has significant legal and financial consequences. By signing this agreement, Seller acknowledges that Seller has or has had the opportunity to consult with an attorney regarding Sellers rights and obligations in this agreement. The Seller has also indicated an interest in having the remaining property rezoned from the current City Core Residential to Commercial with the City's Comp Plan Update in 2016. The City Council's adoption of a Comp Plan Update involves significant public input. The City will not predetermine a particular land use designation for the subject property. The City will allow the public process and the City Council's deliberative process to determine the appropriate REAL ESTATE PURCHASE AND SALE AGREEMENT March 2014 Page 4 of 6 land use designation for the subject property. This Agreement in no way restricts, limits, or obligates the City to change the land use or zoning at the subject property. 16. BROKERS FEES /COMMISSIONS. Seller agrees to indemnify, defend and hold harmless Buyer with respect to any claim by any person or entity claiming through Seller to be entitled to a commission with respect to the transaction contemplated by this agreement 17. NON - MERGER. The terms, conditions, and provisions of this Agreement shall not be deemed merged into the deed, and shall survive the Closing and continue in full force and effect. 18. NOTICES. All notices required or permitted to be given hereunder shall be in writing and shall be sent U.S. certified mail, return receipt requested, or by facsimile transmission addressed as set forth below: (a) All notices to be given to Buyer shall be addressed as follows: Mayor City of Bremerton 345 6th Street, Suite 600 Bremerton, Washington 98337 -1873 (b) All notices to be given to Seller shall be addressed as follows - John W. Stephanus 219 E, Garfield Street; Suite 600 Seattle, WA 98102 Either party hereto may, by written notice to the other, designate such other address for the giving of notices as being necessary All notices shall be deemed given on the day such notice is personally served, or on the date of the facsimile transmission, or on the third day following the day such notice is mailed in accordance with this paragraph. 19. ENTIRE AGREEMENT. This agreement, including all incorporated exhibits, constitutes the full understanding between seller and buyer. There have been no verbal or other agreements that modify this agreement. 20. BINDING EFFECT AND SURVIVAL. This Agreement shall be binding upon parties hereto and their respective heirs, successors and assigns; and the terms, conditions and provisions of this Agreement shall survive the closing of this transaction. 21. DATE OF MUTUAL ACCEPTANCE. For the purposes of this Agreement, the date of mutual acceptance of this Agreement shall be the last date on which the parties to this Agreement have executed this Agreement as indicated below. REAL ESTATE PURCHASE AND SALE AGREEMENT March 2014 Page 5 of 6 22. EXPIRATION OF OFFER. Seller shall have only until 5:00 p.m. on , to accept the purchase and sale agreement as written, by delivering a signed copy thereof to the Buyer or the Buyer's agent. If Seller does not so deliver a signed copy within said period, this agreement shall lapse and all right of the parties hereunder shall terminate. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date set forth below. BUYER: SELLER: THE CITY OF BREMERTON By: By: Patty Lent, Mayor Its: Dated Dated: By: Its: Dated: APPROVED AS TO FORM: By: Roger A. Lubovich, City Attorney P \Civil\FORMS\REAL ESTATE\REPSA -Form doc REAL ESTATE PURCHASE AND SALE AGREEMENT March 2014 Page 6 of 6 Exhibit A That portion of Lot C7 and A3, of the Amended Bremerton Gardens Plat/PUD as recorded in Volume 28 of the book of plats, Pages 55 and 56, records of Kitsap County, Washington, more particularly defined as: Beginning at the southeast corner of said Lot C7 also being on the westerly right of way of Wheaton Way (formerly State Highway No. 21 -B); thence along said right of way N 1 °45'07" E 30.02 feet to the True Point of Beginning; thence leaving said right of way on a curve to the left the radius of which is N 88 0 18'21" W 1073.50 feet, an angle of 7 0 45'09" for a distance of 145.25 feet; thence on a curve to the left the radius of which is N 83 °56'30" W 273.50 feet, an angle of 24 °21'06" for a distance of 116.24 feet to the said westerly right of way of Wheaton Way; thence easterly and southerly along said right of way to the True Point of Beginning. Consisting of approximately 1,200 square feet. Legal Description Parking Lease — Smith School ` s \ 20' 10' 0 20' 40' 0 I \40 EXISTING PARCEL LINE L= 145.25' R =10/� � o s A= 7'45'09" 11 s 11 RIGHT OF WAY AREA: `, 1.200 SO. FEET + \— ✓o � � o \ 1�1 \ � L =1 f6 ` 224' R= 273.50' A9 q y �� �� ° k\ _ / s L= s R =305.3 S S � s A =67 5.75' w L =11 .87' R= 255.19' / 4 �D Q— ° ysy`C{�` p \ � D� W WS W — W — W� W EXMW! e Lori Smith From: Lori Smith on behalf of City Council Sent: Monday, April 14, 2014 11.45 AM To: City Council Subject: FW Response to Council Request - (Item 7H) Valuation of Maple Leaf Tavern Property Attn: Council Members (FYI) Re: Item 7H This information will be made a part of the record . From: Thomas Knuckey Sent: Monday, April 14, 2014 7:43 AM To: City Council Cc: Lori Smith; Patty Lent; Chal Martin; Roger Lubovich; Milenka Hawkins- Bates; Andrea Spencer; Wyn Birkenthal; Steven Strachan; AI Duke; Gunnar Fridriksson Subject: Council Request - Valuation of Maple Leaf Tavern Property City Council Members — At the 4/9/14 study session, I was requested to provide the valuation of the 1,200 -SF of land that we would receive in exchange for the demolition of the former Maple Leaf Tavern. The calculated value from assessors records is $2.44/SF, or approximately $3,000 for the 1,200 -SF of property. While this dollar value is less than the cost of the demolition, the total value to the City is significant since obtaining the property is necessary in order for us to construct the 5 -ft sidewalk on the east side of Lower Wheaton Way in this vicinity. Without this real estate, the project would need to be re- designed to provide crossings of Lower Wheaton Way to the north and south of the former Tavern. An additional benefit is removal of a derelict building within the project limits Tom Knuckey, P.E. City Engineer City of Bremerton Desk (360) 473- 2376/Cell (360) 509 -0870 thomas knuckev @ci bremerton wa us 1 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Ordinance No. 5246 amending Study Session Date: April 9, 2014 Ordinance No. 5235 relating to the City of COUNCIL MEETING Date: April 16, 2014 Bremerton Fiscal Year 2014 Budget Department: Financial Services Presenter: Cathy Johnson Caroline Tompson Phone: 360- 473 -5296 SUMMARY: Each year the City assesses its current fiscal year budget for any needed adjustments. Adjustments are recommended for the following reasons: to adjust the estimated beginning fund balances to actual, to account for unanticipated /unexpected conditions, to incorporate 2013 carryover items, and to adjust for previously approved Council motions /resolutions etc The attached ordinance and supporting documents outlines the various reasons for the current proposed budget amendment. ATTACHMENTS: • 2014 Mid -Year Budget Adjustment Memo • Ordinance No. 5246 to Amend Ordinance 5235 adopting the 2014 Budget • Detail fund listing identifying proposed line item and budget control category adjustments • 2014 Authorized Staffing identifying proposed staffing changes FISCAL IMPACTS (Include Budgeted Amount) The net adjustment for all City funds for Fiscal Year 2014 is $9,432,647 for a total expenditure appropriation of $127,400,896. STUDY SESSION AGENDA: ❑ No Presentation ® Full Presentation STUDY SESSION ACTION: © Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No. 5246 amending Ordinance No. 5235 relating to the City of Bremerton Fiscal Year 2014 Budget. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 I I I i i i Memorandum To: City Council Mayor Patty Lent From: Caroline Tompson, Budget Analyst Re: 2014 Mid -Year Budget Amendment Date: April 9, 2014 The City adopted the 2014 budget by Ordinance No. 5235 on December 4, 2013. Each year the City assesses its current fiscal year budget and addresses any needed adjustments that have come to the attention of the staff in Financial Services. Adjustments for both revenue and expenditures are brought forward for the following reasons: to adjust the estimated beginning fund balances to actual, to account for subsequent unanticipated /unexpected conditions, to account for previously approved projects that were underway in 2013 that were not concluded and require carryover expenditure authority, to reallocate revenue and expenditure line items within budget control categories with zero net increase, and to formally account for various council motions /resolutions previously approved during 2014. Enclosed is the mid -year budget amendment ordinance and supporting schedules. Items that are not identified above or have not been previously approved by Council are as follows: • Increase supplies and services in Executive budget for City tourism, promotion and marketing, $3,000. • Increase supplies and services in City Auditor budget for Information Technology security assessment, $10,000. • Increase transfer -in revenue in Street Fund from CDBG for ADA sidewalk improvements, $23,850. • Account for additional operating supplies and services in Parking Fund and increase miscellaneous revenue by same amount, $65,000. • Close out and budget transfers -out from Bond Fund 201 to the General Fund and UTGO /LTGO (B), $28,990. • Increase capital in Lower Wheaton Way Fund by $250,000 and increase transfer - in from TBD by same amount as approved by TBD Board. • Budget for increase in Water Capital Fund to account for additional expenses associated with Warren Ave Seismic Upgrades, $326,000. • Increase capital by $500,000 in Stormwater Capital Fund for increases in Eastpark Stormwater Outfall Project. • Increase capital in ER&R Reserve budget for additional cost associated with purchase of police vehicles, $6,000, and purchase of Water Fund service body truck, $50,000. Additionally, the budget amendment includes the creation of Fund 334, Washington Avenue Connector, and subsequent expenditure authority of $1,700,000 provided by WSDOT grant funding. Staffing levels are approved through the budget process and subsequent amendments. A list of staffing changes, including proposed adjustments as previously approved by Council, is attached. Additionally, the Parks Department is requesting that the total full - time equivalent (FTE) of four seasonal /part-time positions (1.53 FTEs) be changed into five .30 positions, for a total of 1.50 FTEs. This allows the Parks Department to concentrate seasonal employment during the peak summer period. The General Fund ending fund balance of $3,419,651 exceeds the 8.5% target level by $400,375 after the proposed adjustments. Though the ending fund balance is favorable, it is important to be reminded of upcoming commitments such as: • Rebuilding Contingency Reserve • Funding future vehicle replacements (ER&R) • Increases in personnel and medical expenses associated with future contract settlements The budget adjustments are necessary to properly reflect the nature and extent of revenues and expenditures of the various City funds and departments. The attached ordinance and supporting schedules (by fund) include adjustments by budget control category for both revenues and expenditures with a City -wide appropriation of $127,400,896. 2 ORDINANCE NO. 5246 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Ordinance No. 5235 relating to the City of Bremerton Fiscal Year 2014 Budget. WHEREAS, the City Council passed the Fiscal Year 2014 City Budget Ordinance (Ordinance No. 5235) on December 4, 2013; and WHEREAS, the City Council has previously amended the budget by various motions and resolutions subsequent to December 4, 2013 which require a formal amendment by ordinance; and WHEREAS, all of the funds of the City of Bremerton require amendment to adjust beginning fund balances; and WHEREAS, City Departments and Funds expenditures and revenues require adjustment; and WHEREAS, certain reclassifications of revenues and expenditures are required to properly reflect budget categories in a manner consistent with actuals as classified in accordance with City Policy; and WHEREAS, Fund 334, Washington Avenue Connector, has been created to account for budgeted revenues and expenditures in 2014; and WHEREAS, each of these actions has an impact on the City of Bremerton's FY 2014 Annual Budget resulting in the need to amend this Budget document; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION]. Ordinance 5235 establishing the City of Bremerton's 2014 Budget passed by the City Council on December 4, 2013, is hereby amended as follows: 1 2014 Mid -Year Budget Amendment 2014 Budget Amended as Adopted by 2014 Fund No Ord No 5235 Net Adjustments Budget 001 General Fund City Council $ 333,798 $ - $ 333,798 Executive 352,718 3,000 355,718 Financial Services 1,355,912 34,550 1,390,462 Legal 1,047,962 - 1,047,962 Human Resources 396,814 66,357 463,171 Community Development 1,488,959 - 1,488,959 Municipal Court 1,433,194 - 1,433,194 City Auditor 173,168 10,000 183,168 Law Enforcement 9,971,864 (5,000) 9,966,864 Fire /Emergency Services 8,570,885 - 8,570,885 Police /Fire Pension 2,213,100 (7,000) 2,206,100 General Facilities 1,044,652 5,000 1,049,652 Parks & Recreation 2,733,070 12,976 2,746,046 Engineering 2,025,255 - 2,025,255 Non - Department 2,324,094 53,514 2,377,608 Ending Fund Balance 2,969,922 449,729 3,419,651 Total General Fund $ 38,435,367 $ 623,126 $ 39,058,493 101 Arterial Street - 260,168 260,168 102 Street 2,961,492 365,705 3,327,197 103 Contingency Reserve 515,656 (696) 514,960 104 Lodging Tax 535,014 (825) 534,189 105 Parking System 1,856,340 (325,781) 1,530,559 106 Community Dev Block Grant 1,769,159 39,712 1,808,871 108 Abatement Revolving 220,712 46,851 267,563 110 Police Special Protects 708,025 (8,116) 699,909 113 Public Access Television 740,282 19,330 759,612 114 Gift & Donation Fund 85,278 2,245 87,523 116 Trial Improvement 66,897 9,732 76,629 117 One Percent For Arts 42,044 10,012 52,056 120 Conference Center Operating 1,649,992 157,746 1,807,738 201 Bond Fund - 28,990 28,990 203 2010 LTGO 609,318 12,418 621,736 204 2010 UTGO /LTGO (B) 1,074,716 34,912 1,109,628 205 Government Center LTGO 336,371 (184) 336,187 306 Park Plaza Phase II - 94,053 94,053 308 General Gov't Capital Improvement 748,580 37,972 786,552 310 Park Facilities Construction 745,467 293,529 1,038,996 331 Lower Wheaton Way 1,569,766 247,091 1,816,857 332 Pacific Avenue Construction 1,310,818 446,737 1,757,555 333 Conference Center Expansion - 592,668 592,668 334 Washington Avenue Connector - 1,700,000 1,700,000 401 Water Utility 11,281,267 1,317,450 12,598,717 404 Water Capital 5,730,580 871,973 6,602,553 407 Golf Mountain Golf 4,233,206 (77,804) 4,155,402 451 Wastewater Utility 15,307,905 1,554,818 16,862,723 454 Wastewater Capital 7,928,826 (104,005) 7,824,821 481 Stor mwater Utility 2,383,502 1,104,900 3,488,402 482 Gorst Creek Watershed - 101,341 101,341 484 Stormwater Capital 2,997,802 (608,489) 2,389,313 503 Risk Management 3,063,972 368,382 3,432,354 506 Employment Security 459,474 42,112 501,586 507 Accumulated Leave Liability 416,588 (10,425) 406,163 509 ER &R - Operations & Maintenance 1,602,192 93,208 1,695,400 510 ER &R - Reserves 5,321,521 36,542 5,358,063 511 Information Services 1,260,120 55,249 1,315,369 Total All funds $ 117,968,249 $ 9,432,647 $ 127,400,896 2 2014 Mid -Year Budget Amendment SECTION 2 That the totals for the funds noted in Section 1 above are hereby appropriated for the fiscal year 2014. SECTION 3. That the total authorized staffing shall be 324.66 FTEs as described in Attachment A "2014 Authorized Personnel" for the fiscal year 2014. SECTION 4. 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 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 , 2014 GREG WHEELER, Council President Approved this day of , 2014 PATTY LENT, Mayor ATTEST: APPROVED AS TO FORM: SHANNON CORIN, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the day of , 2014 EFFECTIVE the day of , 2014 ORDINANCE NO. 3 2014 Mid -Year Budget Amendment CITY OF BREMERTON 2014 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE GENERAL FUND For the Year Ended December 31, 2014 Proposed Add Required Adopted Amended From The Budget Budget Adopted Budget 2014 2014 2014 REVENUES Taxes Property $ 7,877,523 $ 7,877,523 $ - Sales 6,925,588 6,925,588 - Other 7,260,558 7,260,558 - Licenses and Permits 961,170 961,170 - Intergovemmental 693,866 693,866 - Charges for Services 5,247,027 5,247,027 - Fines and Forfeitures 953,700 953,700 - Miscellaneous 219,729 219,729 - Transfers In & Other Financing 4,172,579 4,253,506 80,927 Total Revenues 34,311,740 34,392,667 80,927 EXPENDITURES Personnel Expenses 26,910,068 26,869,235 (40,833) Supplies, Services, and Taxes 8,032,432 8,148,686 116,254 Capital Expenditures 117,945 117,945 - Debt Service - 97,976 97,976 Transfers Out 405,000 405,000 - Total Expenditures 35,465,445 35,638,842 173,397 CHANGES IN FUND BALANCE Net change in fund balances (1,153,705) (1,246,175) (92,470) Fund Balances-beginning 4,123,627 4,665,826 542,199 Fund Balances - ending $ 2,969,922 $ 3,419,651 $ 449,729 GENERAL FUND EXPENDITURES BY DEPARTMENT City Council $ 333,798 333,798 $ - Executive 352,718 355,718 3,000 Financial Services 1,355,912 1,390,462 34,550 Legal Department 1,047,962 1,047,962 - Human Resources 396,814 463,171 66,357 Community Development 1,488,959 1,488,959 - Municipal Court 1,433,194 1,433,194 - City Auditor 173,168 183,168 10,000 Police Department 9,971,864 9,966,864 (5,000) Fire Department 8,570,885 8,570,885 - Police & Fire Pension 2,213,100 2,206,100 (7,000) General Facilities 1,044,652 1,049,652 5,000 Parks & Recreation 2,733,070 2,746,046 12,976 Engineering 2,025,255 2,025,255 - Non- Departmental 2,324,094 2,377,608 53,514 Total Expenditures $ 35,465,445 $ 35,638,842 $ 173,397 The target ending fund balance is 8.5% of annual expenditures excluding capital The target fund balance for the 2014 budget as amended (excluding transfers for one -time capital projects) is $3,019,276 The actual ending fund balance after the proposed amendments is $3,419,651, which is higher than the target amount by $400,375. The 2014 budget as proposed, includes an ending fund balance which exceeds the target, and is increased substantially from the previously adopted budgeted by $449,729 The financial planning goal is to maintain an ending fund balance that meets or exceeds the target level FUND 001 CITY OF BREMERTON 2014 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE GENERAL FUND For the Year Ended December 31, 2014 Budget Adjustments: Items Previously Approved by Council or Finance Committee Expenditure - Reallocate personnel from HR to Finance for percentage allocation of Director position and decrease personnel in Finance to account for temporary contract help in supplies and services 40,833 Expenditure - Increase supplies and services for temporary contract help in Finance (41,340) Expenditure - Increase supplies and services in HR by $100,400 and reduce Police & Fire Pension by $7,000 for (93,400) LGB Advisors LLC contract for insurance brokerage services Expenditure - Increase supplies and services in Non -Dept for cooperative agreement contract with USDA (3,514) New Items Not Previously Approved by Council Expenditure - Reduce supplies and services for DEM property payment and reallocate to debt service 35,000 Expenditure - Increase debt service for DEM property payment reallocated from supplies (35,000) Expenditure - Reduce supplies and services in Police facilities budget and reallocate to General Facilities 5,000 Expenditure - Increase supplies and services in General Facilities reallocated from Police (HVAC) (5,000) Expenditure - Increase supplies and services in Executive for City tourism, promotion and marketing (3,000) Expenditure - Increase supplies and services in Auditor budget for IT security assessment (10,000) Revenue - Increase transfer -in from 201 Fund close out 15,927 Revenue - Increase other revenue for repayment of mterfund loan repayment from Park Plaza Phase 11 65,000 Expenditure - Increase debt service for mterfund loan issued to Park Plaza Phase II (50,000) Expenditure - Increase debt service in Parks for tnterfund loan principal and interest payments (12,976) Net adjustment to ending fund balance required $ (92,470) FUND 001 CITY OF BREMERTON 2014 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE ARTERIAL STREET FUND For the Year Ended December 31, 2014 Proposed Add Required Adopted Amended From The Budget Budget Adopted Budget 2014 2014 2014 REVENUES Taxes Property - Sales - - - Other - - - Licenses and Permits - - - Intergovernmental - - - Charges for Services - - - Fines and Forfeitures - - - Miscellaneous - - - Transfers in - - - Total Revenues - - - EXPENDITURES Personnel Expenses - - - Supplies, Services, and Taxes - - - Capital Expenditures - 10,000 10,000 Debt Service - - - Transfers Out - - - Total Expenditures - 10,000 10,000 CHANGES IN FUND BALANCE Net change in fund balances - (10,000) (10,000) Fund Balances- begmmng - 260,168 260,168 Fund Balances - ending $ - $ 250,168 $ 250,168 Budget Adiustments: Items Previously Approved by Council Expenditure - Increase capital for the Warren Ave Olympic College ADA/Landscape project carryover (10,000) Net adjustment to ending fund balance required $ (10,000) FUND 101 CITY OF BREMERTON 2014 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE STREET FUND For the Year Ended December 31, 2014 Proposed Add Required Adopted Amended From The Budget Budget Adopted Budget 2014 2014 2014 REVENUES Taxes Property $ - $ - $ - Sales - - - Other (parking tax) 500,000 500,000 - Licenses and Permits - - - Intergovernmental (fuel tax) 772,000 1,160,205 388,205 Charges for Services 590,000 590,000 - Fines and Forfeitures - - Miscellaneous 35,400 35,400 - Transfers in & Other Revenue 786,933 810,783 23,850 Total Revenues 2,684,333 3,096,388 412,055 EXPENDITURES Personnel Expenses 1,187,500 1,609,690 422,190 Supplies, Services, and Taxes 1,464,956 1,464,956 - Capital Expenditures 25,000 47,800 22,800 Debt Service - - _ Transfers Out - _ - Total Expenditures 2,677,456 3,122,446 444,990 CHANGES IN FUND BALANCE Net change in fund balances 6,877 (26,058) (32,935) Fund Balances - beginning 277,159 230,809 (46,350) Fund Balances - ending $ 284,036 $ 204,751 $ (79,285) Budget Adjustments: Items Previously Approved by Council Revenue - Increase intergovernmental for Belfair /Lake Flora Rd grant revenue (carryover) 388,205 Expenditure - Increase supplies and services for Belfair /Lake Flora RD project (carryover) (444,990) New Items Not Previously Approved by Council Revenue - Increase transfer -in from CDBG for ADA grant funding 23,850 Expenditure - Decrease supplies and reallocate to capital for equipment exceeding capital threshold 22,800 Expenditure - Increase capital for reflectivity meter and lawn tractor purchase (22,800) Net adjustment to ending fund balance required $ (32,935) FUND 102 CITY OF BREMERTON 2014 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE CONTINGENCY RESERVE FUND For the Year Ended December 31, 2014 Proposed Add Required Adopted Amended From The Budget Budget Adopted Budget 2014 2014 2014 REVENUES Taxes Property $ - $ - $ - Sales - - - Other - - - Licenses and Permits - - - Intergovernmental - - - Charges for Services - - - Fines and Forfeitures - - - Miscellaneous 464 464 - Transfers in 50,000 50,000 - Total Revenues 50,464 50,464 - EXPENDITURES Personnel Expenses - - - Supplies, Services, and Taxes - - - Capital Expenditures - - - Debt Service - - - Transfers Out - - Total Expenditures - - CHANGES IN FUND BALANCE Net change in fund balances 50,464 50,464 - Fund Balances - beginning 465,192 464,496 (696) Fund Balances -ending $ 515,656 $ 514,960 $ (696) Budget Adjustments: New Items Not Previously Approved by Council Net adjustment to ending fund balance required $ - FUND 103 CITY OF BREMERTON 2014 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE LODGING TAX FUND For the Year Ended December 31, 2014 Proposed Add Required Adopted Amended From The Budget Budget Adopted Budget 2014 2014 2014 REVENUES Taxes Property $ - $ - $ - Sales - - - Other (hotel/motel tax) 390,000 390,000 - Licenses and Permits - - - Intergovernmental - - - Charges for Services - - - Fines and Forfeitures - - - Miscellaneous 400 400 - Transfers in - - - Total Revenues 390,400 390,400 - EXPENDITURES Personnel Expenses - - - Supplies, Services, and Taxes 221,000 221,000 - Capital Expenditures - - - Debt Service - - _ Transfers Out 155,000 155,000 - Total Expenditures 376,000 376,000 - CHANGES IN FUND BALANCE Net change in fund balances 14,400 14,400 - Fund Balances - beginning 144,614 143,789 (825) Fund Balances - ending $ 159,014 $ 158,189 $ (825) Budget Adjustments: New Items Not Previously Approved by Council Net adjust to ending fund balance required $ _ FUND 104 CITY OF BREMERTON 2014 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE PARKING SYSTEM FUND For the Year Ended December 31, 2014 Proposed AdI Required Adopted Amended From The Budget Budget Adopted Budget 2014 2014 2014 REVENUES Taxes Property $ - $ - $ - Sales - - - Other - - - Licenses and Permits - - - Intergovernmental - - - Charges for Services - - - Fines and Forfeitures 235,000 235,000 - Miscellaneous 947,000 1,012,500 65,500 Transfers in & Other Revenue - - - Total Revenues 1,182,000 1,247,500 65,500 EXPENDITURES Personnel Expenses - - - Supplies, Services, and Taxes 652,274 717,774 65,500 Capital Expenditures 35,000 35,000 - Debt Service 475,000 475,000 - Transfers Out 85,000 85,000 - Total Expenditures 1,247,274 1,312,774 65,500 CHANGES IN FUND BALANCE Net change in fund balances (65,274) (65,274) - Fund Balances - beginning 674,340 283,059 (391,281) Fund Balances - ending $ 609,066 $ 217,785 $ (391,281) Budget Adjustments: New Items Previously Approved by Council New Items Not Previously Approved by Council Revenue - Increase miscellaneous revenue for increases in parking revenue 65,500 Expenditure - Increase supplies and services for operations and maintenance expenses (65,500) Net adjustment to ending fund balance required $ - FUND 105 CITY OF BREMERTON 2014 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE COMMUNITY DEVELOPMENT BLOCK GRANT For the Year Ended December 31, 2014 Proposed Add Required Adopted Amended From The Budget Budget Adopted Budget 2014 2014 2014 REVENUES Taxes Property $ - $ - $ - Sales - - - Other - - - Licenses and Permits - - - Intergovernmental 1,418,924 1,418,924 - Charges for Services 34,000 34,000 - Fines and Forfeitures - - - Miscellaneous 55,050 55,050 - Transfers in '30,000 30,000 - Total Revenues 1,537,974 1,537,974 - EXPENDITURES Personnel Expenses 119,799 119,799 - Supplies, Services, and Taxes 1,134,175 1,134,175 - Capital Expenditures - - Debt Service - - - Transfers Out 170,850 354,063 183,213 Total Expenditures 1,424,824 1,608,037 183,213 CHANGES IN FUND BALANCE Net change in fund balances 113,150 (70,063) (183,213) Fund Balances-beginning 231,185 270,897 39,712 Fund Balances - ending $ 344,335 $ 200,834 $ (143,501) Budget Adjustments: Items Previously Approved by Council Expenditure- Increase transfer -out to Parks Construction for Evergreen Accessible Park Grant (carryover) (159,363) Expenditure- Increase transfer -out to Street Fund for ADA Sidewalk Funding (carryover) (23,850) Net adjustment required to the ending fund balance $ (183,213) FUND 106 CITY OF BREMERTON 2014 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE ABATEMENT REVOLVING FUND For the Year Ended December 31, 2014 Proposed Add Required Adopted Amended From The Budget Budget Adopted Budget 2014 2014 2014 REVENUES Taxes Property $ - $ - $ - Sales - - - Other - - - Licenses and Permits - - - Intergovernmental - - - Charges for Services 500 500 - Fines and Forfeitures 5,000 5,000 - Miscellaneous 500 500 - Transfers in - - - Total Revenues 6,000 6,000 - EXPENDITURES Personnel Expenses - - - Supplies, Services, and Taxes 42,000 42,000 - Capital Expenditures - - - Debt Service - - - Transfers Out - - - Total Expenditures 42,000 42,000 - CHANGES IN FUND BALANCE Net change in fund balances (36,000) (36,000) - Fund Balances- begmmng 214,712 261,563 46,851 Fund Balances - ending $ 178,712 $ 225,563 $ 46,851 Budget Adjustments: New Items Not Previously Approved by Council Net adjustment to ending fund balance required $ - FUND 108 CITY OF BREMERTON 2014 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE POLICE SPECIAL PROJECTS FUND For the Year Ended December 31, 2014 Proposed Adj Required Adopted Amended From The Budget Budget Adopted Budget 2014 2014 2014 REVENUES Taxes Property $ - $ - $ - Sales - - - Other - - - Licenses and Permits - - - Intergovernmental - - - Charges for Services - - - Fines and Forfeitures 15,000 15,000 - Miscellaneous 71,500 71,500 - Transfers in - - - Total Revenues 86,500 86,500 - EXPENDITURES Personnel Expenses - - - Supplies, Services, and Taxes 364,700 364,700 - Capital Expenditures 50,000 50,000 - Debt Service - - - Transfers Out - - - Total Expenditures 414,700 414,700 - CHANGES IN FUND BALANCE Net change in fund balances (328,200) (328,200) - Fund Balances - beginning 621,525 613,409 (8,116) Fund Balances - ending $ 293,325 $ 285,209 $ (8,116) Budget Adiustments: New Items Not Previously Approved by Council Net adjustment to ending fund balance required $ - FUND 110 CITY OF BREMERTON 2014 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE PUBLIC ACCESS TELEVISION OPERATIONS FUND For the Year Ended December 31, 2014 Proposed Add Required Adopted Amended From The Budget Budget Adopted Budget 2014 2014 2014 REVENUES Taxes Property $ - $ - $ - Sales - - - Other (city PEG fees) - - - Licenses and Permits 270,000 270,000 - Intergovernmental 64,000 18,000 (46,000) Charges for Services 114,440 114,440 - Fines and Forfeitures - - - Miscellaneous 1,100 47,100 46,000 Transfers in - - - Total Revenues 449,540 449,540 - EXPENDITURES Personnel Expenses 268,100 268,100 - Supplies, Services, and Taxes 61,372 61,372 - Capital Expenditures 46,000 46,000 - Debt Service - - - Transfers Out 25,000 25,000 - Total Expenditures 400,472 400,472 - CHANGES IN FUND BALANCE Net change in fund balances 49,068 49,068 - Fund Balances - beginning 290,742 310,072 19,330 Fund Balances - ending $ 339,810 $ 359,140 $ 19,330 Budget Adjustments: New Items Not Previously Approved by Council Revenue - Decrease intergovernmental associated with BARS code changes and reallocate to nusc (46,000) Revenue - Increase nuscellaneous revenue reallocated from intergovernmental 46,000 Net adjustment to ending fund balance required $ - FUND 113 CITY OF BREMERTON 2014 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE GIFT AND DONATION FUND For the Year Ended December 31, 2014 Proposed Add Required Adopted Amended From The Budget Budget Adopted Budget 2014 2014 2014 REVENUES Taxes Property $ - $ - $ _ Sales - - - Other - - _ Licenses and Permits - - - Intergovernmental - - - Charges for Services - - - Fines and Forfeitures - - _ Miscellaneous 5,600 5,600 - Transfers in - _ _ Total Revenues 5,600 5,600 - EXPENDITURES Personnel Expenses - - _ Supplies, Services, and Taxes 15,100 15,100 - Capital Expenditures - - _ Debt Service - - Transfers Out - - _ Total Expenditures 15,100 15,100 - CHANGES IN FUND BALANCE Net change in fund balances (9,500) (9,500) - Fund Balances - beginning 79,678 81,923 2,245 Fund Balances -ending $ 70,178 $ 72,423 $ 2,245 Budget Adjustments: New Items Not Previously Approved by Council Net adjustment to ending fund balance required $ FUND 114 CITY OF BREMERTON 2014 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE TRIAL IMPROVEMENT FUND For the Year Ended December 31, 2014 Proposed Add Required Adopted Amended From The Budget Budget Adopted Budget 2014 2014 2014 REVENUES Taxes Property $ - $ - $ - Sales - - - Other - - - Licenses and Permits - - - Intergovernmental 20,000 20,000 - Charges for Services - - - Fines and Forfeitures - - - Miscellaneous 250 250 Transfers in - - - Total Revenues 20,250 20,250 - EXPENDITURES " Personnel Expenses - - - Supplies, Services, and Taxes 18,000 18,000 - Capital Expenditures - - - Debt Service - - - Transfers Out - - Total Expenditures 18;000 18,000 - CHANGES IN FUND BALANCE Net change in working capital 2,250 2,250 - Fund Balances - beginning 46,647 56,379 9,732 Fund Balances - ending $ 48,897 $ 58,629 $ 9,732 Budget Adiustments: New Items Not Previously Approved by Council Net adjustment to ending fund balance required $ - FUND 116 CITY OF BREMERTON 2014 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE ONE PERCENT FOR ARTS FUND For the Year Ended December 31, 2014 Proposed Add Required Adopted Amended From The Budget Budget Adopted Budget 2014 2014 2014 REVENUES Taxes Property $ - $ - $ - Sales - - - Other - - - Licenses and Permits - - - Intergovernmental - - - Charges for Services - - - Fines and Forfeitures - - - Miscellaneous 150 150 - Transfers in - - - Total Revenues '150 150 - EXPENDITURES Personnel Expenses - - - Supplies, Services, and Taxes 4,500 4,500 - Capital Expenditures - - - Debt Service - - - Transfers Out - - - Total Expenditures 4;500 4,500 - CHANGES IN FUND BALANCE Net change in working capital (4 ;350) (4,350) - Fund Balances - beginning 41,894 51,906 10,012 Fund Balances - ending $ 37,544 $ 47,556 $ 10,012 New Items Not'Previously Approved by Council Net adjustment to ending fund balance required $ - FUND 117 CITY OF BREMERTON 2014 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE CONFERENCE CENTER OPERATIONS For the Year Ended December 31, 2014 Proposed Add Required Adopted Amended From The Budget Budget Adopted Budget 2014 2014 2014 REVENUES Taxes Property - Sales - - - Other - - - Licenses and Permits - - - Intergovernmental - - - Charges for Services 1,309,456 1,309,456 - Fines and Forfeitures - - - Miscellaneous 11,100 11,100 - Transfers In & Other Revenue 155,000 270,000 115,000 Total Revenues 1,475,556 1,590,556 115,000 EXPENDITURES Personnel Expenses - - - Supplies, Services, and Taxes 1,495,603 1,495,603 - Capital Expenditures - - - Debt Service - - - Transfers Out - 115,000 115,000 Total Expenditures 1,495,603 1,610,603 115,000 CHANGES IN FUND BALANCE Net change in fund balances (20,047) (20,047) - Fund Balances - beginning 174,436 217,182 42,746 Fund Balances - ending $ 154,389 $ 197,135 $ 42,746 Budget Adjustments: Items Previously pproved by Council Revenue - Increase other revenue for mterfund loan from ER &R (carryover) (115,000) Expenditure - Increase transfer -out to Conference Center Expansion Fund (carryover) 115,000 Net adjustment required to the ending fund balance $ - FUND 120 CITY OF BREMERTON 2014 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE BOND FUND For the Year Ended December 31, 2014 Proposed Add Required Adopted Amended From The Budget Budget Adopted Budget 2014 2014 2014 REVENUES Taxes Property - Sales - - - Other - - - Licenses and Permits - - - Intergovernmental - - - Charges for Services - - - Fines and Forfeitures - - - Miscellaneous - - - Transfers in - - Total Revenues - - - EXPENDITURES Personnel Expenses - - - Supplies, Services, and Taxes - - - Capital Expenditures - - - Debt Service - - - Transfers Out - 28,990 28,990 Total Expenditures - 28,990 28,990 CHANGES IN FUND BALANCE Net change in fund balances - (28,990) (28,990) Fund Balances - beginning - 28,990 28,990 Fund Balances - ending $ - $ - $ - Budget Adiustments: New Items Not Previously Approved by Council Expenditure - To close out fund, increase transfer out to General Fund (15,927) Expenditure - To close out fund, increase transfer out to 2010 UTGO /LTGO (B) (13,063) Net adjustment required to the ending fund balance $ (28,990) FUND 201 CITY OF BREMERTON 2014 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE 2010 LTGO For the Year Ended December 31, 2014 Proposed Add Required Adopted Amended From The Budget Budget Adopted Budget 2014 2014 2014 REVENUES Taxes Property $ $ $ Sales 330,000 330,000 - Other - - - Licenses and Permits - - - Intergovernmental 109,826 109,826 - Charges for Services - - - Fines and Forfeitures - - - Miscellaneous 1,000 1,000 - Transfers in 62,845 62,845 - Total Revenues 503,671 503,671 - EXPENDITURES Personnel Expenses - - - Supplies, Services, and Taxes - - - Capital Expenditures - - - Debt Service 548,695 548,695 - Transfers Out - - Total Expenditures 548,695 548,695 - CHANGES IN FUND BALANCE ' Net change in fund balances (45,024) (45,024) - Fund Balances- beginning 105,647 118,065 12,418 Fund Balances - ending $ 60,623 $ 73,041 $ 12,418 Budget Adjustments: New Items Not Previously Approved by Council Net adjustment required to the ending fund balance $ FUND 203 CITY OF BREMERTON 2014 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE 2010 UTGO/LTGO (B) For the Year Ended December 31, 2014 Proposed Add Required Adopted Amended From The Budget Budget Adopted Budget 2014 2014 2014 REVENUES Taxes Property $ 860,000 $ 860,000 $ - Sales - - - Other - - - Licenses and Permits - - - Intergovernmental 34,322 34,322 - Charges for Services - - - Fines and Forfeitures - - - Miscellaneous 900 900 - Transfers in 176,410 189,473 13,063 Total Revenues 1,071,632 1,084,695 13,063 EXPENDITURES Personnel Expenses - - - Supplies, Services, and Taxes - - - Capital Expenditures - - - Debt Service 1,061,867 1,061,867 - Transfers Out - - - Total Expenditures 1,061,867 1,061,867 - CHANGES IN FUND BALANCE Net change in fund balances 9,765 22,828 13,063 Fund Balances-beginning 3,084 24,933 21,849 Fund Balances - ending $ 12,849 $ 47,761 $ 34,912 Budget Adjustments: New Items Not Previously Approved by Council Revenue - Increase transfer -in from 201 Fund close out 13,063 Net adjustment required to the ending fund balance $ 13,063 FUND 204 CITY OF BREMERTON 2014 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE GOVERNMENT CENTER LTGO For the Year Ended December 31, 2014 Proposed Add Required Adopted Amended From The Budget Budget Adopted Budget 2014 2014 2014 REVENUES Taxes Property $ - $ - $ - Sales - - - Other - - - Licenses and Permits - - - Intergovernmental - - - Charges for Services - - - Fines and Forfeitures - - - Miscellaneous 500 500 - Transfers in & Other Revenue 333,610 333,610 - Total Revenues 334,110 334,110 - EXPENDITURES Personnel Expenses - - - Supplies, Services, and Taxes - - - Capital Expenditures - - - Debt Service 330,243 330,243 - Transfers Out - - - Total Expenditures 330,243 330,243 - CHANGES IN FUND BALANCE Net change in fund balances 3,867 3,867 - Fund Balances - beginning 2,261 2,077 (184) Fund Balances - ending $ 6,128 $ 5,944 $ (184) Budget Adjustments: New Items Not Previously Approved by Council Net adjustment required to the ending fund balance $ - FUND 205 CITY OF BREMERTON 2014 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE PARK PLAZA PHASE II For the Year Ended December 31, 2014 Proposed Add Required Adopted Amended From The Budget Budget Adopted Budget 2014 2014 2014 REVENUES Taxes Property $ - $ - $ - Sales - - - Other - - Licenses and Permits - - - Intergovernmental - 4,500 4,500 Charges for Services - - - Fines and Forfeitures - - Miscellaneous - - - Transfers in & Other Revenue - 50,000 50,000 Total Revenues - 54,500 54,500 EXPENDITURES Personnel Expenses - - - Supplies, Services, and Taxes - - - Capital Expenditures - 9,000 9,000 Debt Service - 65,050 65,050 Transfers Out - - - Total Expenditures - 74,050 74,050 CHANGES IN FUND BALANCE Net change in fund balances - (19,550) (19,550) Fund Balances - beginning - 39,553 39,553 Fund Balances - ending $ - $ 20,003 $ 20,003 Budget Adjustments: Items Previously Approved by Council Revenue - Increase intergovernmental for final EDA grant proceeds (carryover) 4,500 Expenditure - Increase capital for expenses associated with closing out project (carryover) (9,000) Expenditure - Increase debt service for interfund loan prmcipal payment (50) Expenditure - Increase debt service for interfund loan repayment (65,000) Revenue - Increase other revenue for interfund loan 50,000 Net adjustment required to the ending fund balance $ (19,550) FUND 306 CITY OF BREMERTON 2014 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE GENERAL GOVERNMENT CAPITAL IMPROVEMENT FUND For the Year Ended December 31, 2014 Proposed Add Required Adopted Amended From The Budget Budget Adopted Budget 2014 2014 2014 REVENUES Taxes Property $ - Sales - - - Other (Real Estate Excise Taxes) 420,000 420,000 - Licenses and Permits - - - Intergovernmental - - - Charges for Services - - - Fines and Forfeitures - - - Miscellaneous 850 850 - Transfers in & Other Revenue - - - Total Revenues 420,850 420,850 - EXPENDITURES Personnel Expenses - - - Supplies, Services, and Taxes - - - Capital Expenditures - - - Debt Service - - - Transfers Out 472,865 472,865 - Total Expenditures 472,865 472,865 - CHANGES IN FUND BALANCE Net change in fund balances (52,015) (52,015) - Fund Balances - beginning 327,730 365,702 37,972 Fund Balances - ending $ 275,715 $ 313,687 $ 37,972 Budget Adjustments: New Items Not Previously Approved by Council Net adjustment required to the ending fund balance $ - FUND 308 CITY OF BREMERTON 2014 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE PARK FACILITIES CONSTRUCTION FUND For the Year Ended December 31, 2014 Proposed Add Required Adopted Amended From The Budget Budget Adopted Budget 2014 2014 2014 REVENUES Taxes Property $ - $ - $ - Sales - - - Other - - - Licenses and Permits - - - Intergovemmental 176,700 221,350 44,650 Charges for Services - - - Fines and Forfeitures - - - Miscellaneous 20,000 20,000 - Transfers in & Other Revenue 170,850 330,213 159,363 Total Revenues 367,550 571,563 204,013 EXPENDITURES Personnel Expenses - - - Supplies, Services, and Taxes - - - Capital Expenditures 632,750 865,849 233,099 Debt Service - - - Transfers Out - - - Total Expenditures 632,750 865,849 233,099 CHANGES IN FUND BALANCE Net change in fund balances (265,200) (294,286) (29,086) Fund Balances - beginning 377,917 467,433 89,516 Fund Balances - ending $ 112,717 $ 173,147 $ 60,430 Budget Adjustments: Items Previously Approved by Council Revenue - Increase transfers -in from CDBG for Evergreen Accessible Playground Project 159,363 Revenue - Increase intergovernmental for carryover grant associated with Evergreen Accessible Playground 44,650 Expenditure - Increase capital for Evergreen Accessible Playground carryover (233,099) Net adjustment required to the ending fund balance $ (29,086) FUND 310 CITY OF BREMERTON 2014 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE LOWER WHEATON WAY For the Year Ended December 31, 2014 Proposed Add Required Adopted Amended From The Budget Budget Adopted Budget 2014 2014 2014 REVENUES Taxes Property $ - $ - $ - Sales - _ _ Other - - - Licenses and Permits - - - Intergovernmental 1,244,764 1,272,812 28,048 Charges for Services - - _ Fines and Forfeitures Miscellaneous - - _ Transfers in - 250,000 250,000 Total Revenues 1,244,764 1,522,812 278,048 EXPENDITURES Personnel Expenses - - _ Supplies, Services, and Taxes - - _ Capital Expenditures 1,569,766 1,810,877 241,111 Debt Service _ _ _ Transfers Out - _ _ Total Expenditures 1,569,766 1,810,877 241,111 CHANGES IN FUND BALANCE Net change in working capital (325,002) (288,065) 36,937 Fund Balances - beginning working capital 325,002 294,045 (30,957) Fund Balances - ending working capital $ - $ 5,980 $ 5,980 Budt=_et Adjustments: Items Previously Approved by Council Revenue - Increase intergovernmental revenue budget for 2013 grant carryover 28,048 Expenditure - Decrease capital for 2013 carryover adjustment 8,889 New Items Not Previously Approved by Council Revenue - Increase transfer -in from TBD for project budget amendment 250,000 Expenditure - Increase capital budget due to TBD funding associated with changes in scope of work (250,000) Net adjustment required to the ending fund balance $ 36,937 FUND 331 CITY OF BREMERTON 2014 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE PACIFIC AVENUE CONSTRUCTION For the Year Ended December 31, 2014 Proposed Add Required Adopted Amended From The Budget Budget Adopted Budget 2014 2014 2014 REVENUES Taxes Property $ - $ - $ - Sales - - - Other - - - Licenses and Permits - - - Intergovernmental 619,674 595,232 (24,442) Charges for Services - - - Fines and Forfeitures - - - Miscellaneous - 210,000 210,000 Transfers in & Other Revenue - - - Total Revenues 619,674 805,232 185,558 EXPENDITURES Personnel Expenses - - - Supplies, Services, and Taxes - - - Capital Expenditures 1,310,818 1,757,555 446,737 Debt Service - _ - Transfers Out - _ - Total Expenditures 1,310,818 1,757,555 446,737 CHANGES IN FUND BALANCE Net change in fund balances (691,144) (952,323) (261,179) Fund Balances - beginning 691,144 952,323 261,179 Fund Balances - ending $ - $ - $ - Budget Adjustments: Items Previously pproved by Council Revenue - Increase intergovernmental revenue for project carryover (24,442) Revenue - Increase transfers -in from Water Capital Fund 50,000 Revenue - Increase transfers -in from Wastewater Capital Fund 160,000 Expenditure - Increase capital for protect carryover (305,411) Expenditure - Increase capital for changes in project budget (141,326) Net adjustment required to the ending fund balance $ ( 261,179) FUND 332 CITY OF BREMERTON 2014 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE CONFERENCE CENTER EXPANSION FUND For the Year Ended December 31, 2014 Proposed Add Required Adopted Amended From The Budget Budget Adopted Budget 2014 2014 2014 REVENUES Taxes Property $ - $ - $ - Sales - - - Other - - Licenses and Permits - - - Intergovernmental - 427,573 427,573 Charges for Services - - - Fines and Forfeitures - - Miscellaneous - - - Transfers in & Other Revenue - 115,000 115,000 Total Revenues - 542,573 542,573 EXPENDITURES Personnel Expenses - - - Supplies, Services, and Taxes - - - Capital Expenditures - 592,668 592,668 Debt Service - - - Transfers Out - - - Total Expenditures - 592,668 592,668 CHANGES IN FUND BALANCE Net change in fund balances - (50,095) (50,095) Fund Balances - beginning - 50,095 50,095 Fund Balances - ending $ - $ - $ - Budget Adjustments: Items Previously Approved by Council Revenue - Increase intergovernmental revenue for project carryover 427,573 Revenue - Increase transfers -m from Conference Center Operations 115,000 Expenditure - Increase capital for project carryover and adjust for amended budget (592,668) Net adjustment required to the ending fund balance $ (50,095) FUND 333 City of Bremerton 2014 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE WASHINGTON AVE CONNECTOR FUND For the Year Ended December 31, 2014 Proposed Add Required Adopted Amended From The Budget Budget Adopted Budget 2014 2014 2014 REVENUES Taxes Property $ - $ - $ - Sales - - - Other - - - Licenses and Permits - - - Intergovernmental - 1,700,000 1,700,000 Charges for Services - - - Fines and Forfeitures - - - Miscellaneous - - - Transfers in & Other Revenue - - - Total Revenues - 1,700,000 1,700,000 EXPENDITURES Personnel Expenses - - - Supplies, Services, and Taxes - - - Capital Expenditures - 1,700,000 1,700,000 Debt Service - - - Transfers Out - - - Total Expenditures - 1,700,000 1,700,000 CHANGES IN FUND BALANCE Net change in fund balances - - - Fund Balances - beginning - - Fund Balances - ending $ - $ - $ - Budget Adjustments: Items Not Previously pproved by Council Revenue - Increase intergovernmental for WSDOT grant funding 1,700,000 Expenditure - Increase capital for design and construction of WA Ave Construction Project, Phase 1 (1,700,000) Net adjustment required to the ending fund balance $ - FUND 334 City of Bremerton 2014 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE WATER UTILITY For the Year Ended December 31, 2014 Proposed Add Required Adopted Amended From The Budget Budget Adopted Budget 2014 2014 2014 REVENUES Taxes Property Sales - - - Other - - - Licenses and Permits - - - Intergovernmental - - - Charges for Services 9,980,584 9,980,584 - Fines and Forfeitures 20,000 20,000 - Miscellaneous 359,219 359,219 - Transfers in & Other Revenue - - - Total Revenues 10,359,803 10,359,803 - EXPENDITURES Personnel Expenses 3,641,300 3,641,300 - Suppines, Services, and Taxes 3,878,534 3,878,534 - Capntal Expenditures - - - Debt Service 865,883 865,883 - Transfers Out 1,713,806 1,713,806 - Total Expenditures 10,099,523 10,099,523 - CHANGES IN WORKING CAPITAL BALANCE Net change in working capital 260,280 260,280 - Fund Balances - beginning working capital 921,464 2,238,914 1,317,450 Fund Balances - ending working capital $ 1,181,744 $ 2,499,194 $ 1,317,450 Budget Adjustments: New Items Not Previously pproved by Council Net adjustment required to the ending fund balance $ - FUND 401 CITY OF BREMERTON 2014 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE WATER CAPITAL For the Year Ended December 31, 2014 Proposed Add Required Adopted Amended From The Budget Budget Adopted Budget 2014 2014 2014 REVENUES Taxes Property $ - $ - $ - Sales - - - Other - - - Licenses and Permits - - - Intergovernmental - - - Charges for Services - - - Fines and Forfeitures - - - Miscellaneous 5,200 5,200 - Transfers in & Other Revenue 2,769,407 2,769,407 - Total Revenues 2,774,607 2,774,607 - EXPENDITURES Personnel Expenses - - - Supplies, Services, and Taxes - - - Capital Expenditures 2,883,000 5,033,000 2,150,000 Debt Service - - - Transfers Out - 50,000 50,000 Total Expenditures 2,883,000 5,083,000 2,200,000 CHANGES IN WORKING CAPITAL BALANCE Net change in working capital (108,393) (2,308,393) (2,200,000) Fund Balances - beginning working capital 2,955,973 3,827,946 871,973 Fund Balances - ending working capital $ 2,847,580 $ 1,519,553 $ (1,328,027) Budget Adjustments: Items Previously pproved by Council Expenditure - Increase transfer -out to Pacific Ave Construction (50,000) Expenditure - Increase capital for 2013 project budget carryovers (1,824,000) New Items Not Previously Approved by Council Expenditure - Increase capital for additional expenses associated with Warren Ave Seismic Upgrades (326,000) Net adjustment required to the ending fund balance $ (2,200,000) FUND 404 CITY OF BREMERTON 2014 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE GOLD MOUNTAIN GOLF COMPLEX For the Year Ended December 31, 2014 Proposed Add Required Adopted Amended From The Budget Budget Adopted Budget 2014 2014 2014 REVENUES Taxes Property $ - $ - $ - Sales - - - Other - - - Licenses and Permits - - - Intergovernmental - - - Charges for Services 3,997,074 3,997,074 - Fines and Forfeitures - - - Miscellaneous 200 200 - Transfers in - - - Total Revenues 3,997,274 3,997,274 - EXPENDITURES Personnel Expenses Supplies, Services, and Taxes 3,556,430 3,556,430 - Capital Expenditures 105,000 105,000 - Debt Service 362,383 415,294 52,911 Transfers Out - - - Total Expenditures 4,023,813 4,076,724 52,911 CHANGES IN FUND BALANCE Net change in working capital (26,539) (79,450) (52,911) Fund Balances - beginning working capital 235,932 158,128 (77,804) Fund Balances - ending working capital $ 209,393 $ 78,678 $ (130,715) Budget Adjustments: Items Previously Approved by Council Expenditure - Increase debt service for interfund loan repayment (51,578) Expenditure - Increase debt service for interfund loan interest payment (1,333) Net adjustment required to the ending fund balance $ (52,911) FUND 407 CITY OF BREMERTON 2014 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE WASTEWATER UTILITY For the Year Ended December 31, 2014 Proposed Add Required Adopted Amended From The Budget Budget Adopted Budget 2014 2014 2014 REVENUES Taxes Property $ - $ - $ - Sales 19,696 19,696 - Other 3,248 3,248 - Licenses and Permits - - - Intergovernmental - - - Charges for Services 13,549,486 13,549,486 - Fines and Forfeitures 19,000 19,000 - Miscellaneous 8,322 8,322 - Transfers in & Other Revenue - - Total Revenues 13,599,752 13,599,752 - EXPENDITURES Personnel Expenses 2,694,200 2,694,200 - Supplies, Services, and Taxes 4,384,426 4,302,426 (82,000) Capital Expenditures 50,000 132,000 82,000 Debt Service 3,016,091 3,016,091 - Transfers Out 3,621,400 3,621,400 - Total Expenditures 13,766,117 13,766,117 - CHANGES IN FUND BALANCE Net change in working capital (166,365) (166,365) - Fund Balances - beginning working capital 1,708,153 3,262,971 1,554,818 Fund Balances- ending working capital $ 1,541,788 $ 3,096,606 $ 1,554,818 Budget Adjustments: New Items Previously Approved by Council Expenditure - Decrease supplies and reallocate to capital for F -550 box truck purchase 82,000 Expenditure - Increase capital for purchase of F -550 box truck (82,000) New Items Not Previously pproved by Council Net adjustment required to the ending fund balance $ - FUND 451 CITY OF BREMERTON 2014 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE WASTEWATER CAPITAL For the Year Ended December 31, 2014 Proposed Add Required Adopted Amended From The Budget Budget Adopted Budget 2014 2014 2014 REVENUES Taxes Property $ - $ - $ - Sales - - Other - - - Licenses and Permits - - - Intergovernmental - - - Charges for Services - - - Fines and Forfeitures - - - Miscellaneous 2,300 2,300 - Transfers in & Other Revenue 6,413,000 6,413,000 - Total Revenues 6,415,300 6,415,300 - EXPENDITURES Personnel Expenses - - - Supplies, Services, and Taxes - - - Capital Expenditures 6,220,000 6,255,000 35,000 Debt Service - - - Transfers Out - 160,000 160,000 Total Expenditures 6,220,000 6,415,000 195,000 CHANGES IN FUND BALANCE Net change in working capital 195,300 300 (195,000) Fund Balances - beginning working capital 1,513,526 1,409,521 (104,005) Fund Balances - ending working capital $ 1,708,826 $ 1,409,821 $ (299,005) Budget Adjustments: Items Previously Approved by Council Expenditure - Increase transfer -out to Pacific Ave Construction (160,000) Expenditure - Increase capital for 2013 carryover associated HVAC improvements and KL -2 generator (35,000) New Items Not Previously Approved by Council Net adjustment required to the ending fund balance $ 195,000 FUND 454 CITY OF BREMERTON 2014 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE STORMWATER UTILITY For the Year Ended December 31, 2014 Proposed Adl Required Adopted Amended From The Budget Budget Adopted Budget 2014 2014 2014 REVENUES Taxes Property $ - $ - $ - Sales - - - Other - - - Licenses and Permits - - - Intergovernmental - - - Charges for Services 2,301,760 2,351,760 50,000 Fines and Forfeitures 1,900 1,900 - Miscellaneous 500 500 - Transfers in & Other Revenue - - - Total Revenues 2,304,160 2,354,160 50,000 EXPENDITURES Personnel Expenses 867,200 867,200 - Supplhes, Services, and Taxes 627,972 627,972 - Capital Expenditures - - - Debt Service 14,204 14,204 - Transfers Out 637,939 637,939 - Total Expenditures 2,147,315 2,147,315 - CHANGES IN FUND BALANCE Net change in working capital 156,845 206,845 50,000 Fund Balances - beginning working capital 79,342 1,134,242 1,054,900 Fund Balances - ending working capital $ 236,187 $ 1,341,087 $ 1,104,900 Budget Adjustments: Items Previously Approved by Council Revenue - Increase intergovernmental for Marine View Drive EPA grant funding 50,000 New Items Not Previously Approved by Council Net adjustment required to the ending fund balance $ 50,000 FUND 481 CITY OF BREMERTON 2014 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE GORST CREEK WATERSHED For the Year Ended December 31, 2014 Proposed Add Required Adopted Amended From The Budget Budget Adopted Budget 2014 2014 2014 REVENUES Taxes Property $ - $ - $ - Sales - - - Other - - - Licenses and Permits - - - Intergovernmental - 23,686 23,686 Charges for Services - - - Fines and Forfeitures - - - Miscellaneous - - - Transfers in - - - Total Revenues - 23,686 23,686 EXPENDITURES Personnel Expenses - - - Supplies, Services, and Taxes - 99,574 99,574 Capital Expenditures - - - Debt Service - - - Transfers Out - - Total Expenditures - 99 99,574 CHANGES IN FUND BALANCE Net change in working capital - (75,888) (75,888) Fund Balances - beginning working capital - 77,655 77,655 Fund Balances - ending working capital $ - $ 1,767 $ 1,767 Budget Adjustments: Items Previously Approved by Council Revenue - Increase intergovernmental revenue due to project carryover from 2013 23,686 Expenditure - Increase supplies and services due to project carryover from 2013 (99,574) New Items Not Previously &proved by Council Net adjustment required to the ending fund balance $ (75,888) FUND 482 CITY OF BREMERTON 2014 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE STORMWATER CAPITAL For the Year Ended December 31, 2014 Proposed Add Required Adopted Amended From The Budget Budget Adopted Budget 2014 2014 2014 REVENUES Taxes Property $ - $ - $ - Sales - - - Other - - - Licenses and Permits - - - Intergovernmental - 120,000 120,000 Charges for Services - - - Fines and Forfeitures - - - Miscellaneous 4,200 4,200 - Transfers in & Other Revenue 229,290 229,290 - Total Revenues 233,490 353,490 120,000 EXPENDITURES Personnel Expenses - - - Supplies, Services, and Taxes - - - Capital Expenditures 770,000 1,420,000 650,000 Debt Service - - - Transfers Out - - - Total Expenditures 770,000 1,420,000 650,000 CHANGES IN FUND BALANCE Net change in working capital (536,510) (1,066,510) (530,000) Fund Balances - beginning working capital 2,764,312 2,035,823 (728,489) Fund Balances - ending working capital $ 2,227,802 $ 969,313 $ (1,258,489) Budget Adiustments: Items Previously Approved by Council Revenue - Increase intergovernmental for Marine View Dnve Stormwater Retrofit EPA grant funding 120,000 Expenditure - Increase capital for design costs associated with Marine View Dnve Stormwater Retrofit Project (150,000) New Items Not Previously Approved by Council Expenditure - Increase capital for Eastpark Stormwater Outfall Project (500,000) Net adjustment required to the ending fund balance $ (530,000) FUND 484 CITY OF BREMERTON 2014 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE RISK MANAGEMENT INTERNAL SERVICE FUND For the Year Ended December 31, 2014 Proposed Add Required Adopted Amended From The Budget Budget Adopted Budget 2014 2014 2014 REVENUES Taxes Property $ - $ - $ - Sales - - - Other - - - Licenses and Permits - - - Intergovernmental - - - Charges for Services - - - Fines and Forfeitures - - - Miscellaneous 977,470 977,470 - Transfers in - - Total Revenues 977,470 977,470 - EXPENDITURES Personnel Expenses 240,000 240,000 - Supplies, Services, and Taxes 1,289,370 1,289,370 - Capital Expenditures - - - Debt Service - - - Transfers Out - - - Total Expenditures 1,529,370 1,529,370 - CHANGES IN FUND BALANCE Net change in working capital (551,900) (551,900) - Fund Balances - beginning working capital 2,086,502 2,454,884 368,382 Fund Balances - ending working capital $ 1,534,602 $ 1,902,984 $ 368,382 Budget Adjustments: New Items Not Previously Approved by Council Net adjustment required to the ending fund balance $ - FUND 503 CITY OF BREMERTON 2014 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE EMPLOYMENT SECURITY For the Year Ended December 31, 2014 Proposed Add Required Adopted Amended From The Budget Budget Adopted Budget 2014 2014 2014 REVENUES Taxes Property $ - $ - $ - Sales - - - Other - - - Licenses and Permits - - - Intergovernmental - - - Charges for Services - - - Fines and Forfeitures - - - Miscellaneous 113,000 113,000 - Transfers in - - - Total Revenues 113,000 113,000 - EXPENDITURES Personnel Expenses 80,000 80,000 - Supplies, Services, and Taxes - - - Capital Expenditures - - - Debt Service - - - Transfers Out - - - Total Expenditures 80,000 80,000 - CHANGES IN FUND BALANCE Net change in working capital 33,000 33,000 - Fund Balances - beginning working capital 346,474 388,586 42,112 Fund Balances - ending working capital $ 379,474 $ 421,586 $ 42,112 Budget Adiustments: Items Previously Approved by Council New Items Not Previously Approved by Council Net adjustment required to the ending fund balance $ - FUND 506 CITY OF BREMERTON 2014 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE ACCUMULATED LEAVE LIABILITY For the Year Ended December 31, 2014 Proposed Add Required Adopted Amended From The Budget Budget Adopted Budget 2014 2014 2014 REVENUES Taxes Property $ - $ - $ - Sales - - - Other - - - Licenses and Permits - - - Intergovernmental - - - Charges for Services - - - Fines and Forfeitures - - - Miscellaneous 342,000 342,000 - Transfers in - - - Total Revenues 342,000 342,000 - EXPENDITURES Personnel Expenses 200,000 200,000 - Supplies, Services, and Taxes - - - Capital Expenditures - - - Debt Service - - - Transfers Out - - - Total Expenditures 200,000 200,000 - CHANGES IN FUND BALANCE Net change in working capital 142,000 142,000 - Fund Balances- beginning working capital 74,588 64,163 (10,425) Fund Balances - ending working capital $ 216,588 $ 206,163 $ (10,425) Budget Adjustments: Items Previously Approved by Council New Items Not Previously Approved by Council Net adjustment required to the ending fund balance $ - FUND 507 CITY OF BREMERTON 2014 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE EQUIPMENT RENTAL RESERVE - OPERATIONS AND MAINTENANCE For the Year Ended December 31, 2014 Proposed Add Required Adopted Amended From The Budget Budget Adopted Budget 2014 2014 2014 REVENUES Taxes Property $ - $ - $ - Sales - - - Other - - - Licenses and Permits - - - Intergovernmental - - - Charges for Services 1,493,342 1,493,342 - Fines and Forfeitures - - - Miscellaneous 1,300 1,300 - Transfers in & Other Financing - - - Total Revenues 1,494,642 1,494,642 - EXPENDITURES Personnel Expenses 464,700 464,700 - Supplies, Services, and Taxes 1,057,668 1,057,668 - Capital Expenditures - - - Debt Service - - - Transfers Out - - - Total Expenditures 1,522,368 1,522,368 - CHANGES IN FUND BALANCE Net change in working capital (27,726) (27,726) - Fund Balances - beginning working capital 107,550 200,758 93,208 Fund Balances - ending working capital $ 79,824 $ 173,032 $ 93,208 Budget Adiustments: New Items Not Previously Approved by Council Net adjustment to ending fund balance required $ - FUND 509 CITY OF BREMERTON 2014 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE EQUIPMENT RENTAL RESERVE - RESERVES For the Year Ended December 31, 2014 Proposed Add Required Adopted Amended From The Budget Budget Adopted Budges 2014 2014 2014 REVENUES Taxes Property $ - $ - $ - Sales - - - Other - - - Licenses and Permits - - - Intergovernmental - - - Charges for Services - - - Fines and Forfeitures - - - Miscellaneous 35,000 35,000 - Transfers in & Other Financing - 65,887 65,887 Total Revenues 35,000 100,887 65,887 EXPENDITURES Personnel Expenses - - Supplies, Services, and Taxes - - Capital Expenditures 465,000 830,800 365,800 Debt Service - - Transfers Out & Other 115,000 115,000 Total Expenditures 465,000 945,800 480,800 CHANGES IN FUND BALANCE Net change in working capital (430,000) (844,913) (414,913) Fund Balances - beginning working capital 5,286,521 5,257,176 (29,345) Fund Balances - ending working capital $ 4,856,521 $ 4,412,263 (444,258) Budget Adjustments: New Items Previously Approved by Council Expenditure - Increase capital for 2013 carryover of four police Ford Interceptors (122,800) Expenditure - Increase capital for 2013 carryover of Ambulance Purchase (187,000) Expenditure - Issue interfund loan to Conference Center (carryover) (115,000) Revenue - Increase other revenue for interf ind loan repayments 65,887 New Items Not Previously pproved by Council Expenditure - Increase capital for add'1 cost associated with purchase of police vehicles (6,000) Expenditure - Increase capital for add'l cost to replace service body truck (50,000) Net adjustment required to the ending fund balance $ (414,913) FUND 510 CITY OF BREMERTON 2014 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE INFORMATION SERVICES For the Year Ended December 31, 2014 Proposed Add Required Adopted Amended From The Budget Budget Adopted Budget 2014 2014 2014 REVENUES Taxes Property $ - $ - $ - Sales - - - Other - - - Licenses and Permits - - - Intergovernmental - - - Charges for Services 1,092,163 1,092,163 - Fines and Forfeitures - - - Miscellaneous - - - Transfers in - - - Total Revenues 1,092,163 1,092,163 - EXPENDITURES Personnel Expenses 518,000 518,000 - Supplies, Services, and Taxes 560,582 574,482 13,900 Capital Expenditures - - - Debt Service - - - Transfers Out - - - Total Expenditures 1,078,582 1,092,482 13,900 CHANGES IN FUND BALANCE Net change in working capital 13,581 (319) (13,900) Fund Balances - beginning working capital 167,957 223,206 55,249 Fund Balances - ending working capital $ 181,538 $ 222,887 $ 41,349 Budget Adjustments: Items Previously Approved by Council Expenditure - Increase supplies and services for carryover of Finance System Upgrade (13,900) Net adjustment required to the ending fund balance $ (13,900) FUND 511 2014 Authorized Staffing Summary Attachment A Department Position Action FTE Change Authorized Staffing Per 2014 Adopted Budget 322.59 Finance - Accounting Assistant Sr -100 Finance - Accountant - Financial Analyst 100 Public Works Administration - Accounting Assistant Sr 1 00 Sub -Total 1 00 Part -Time & Seasonal FTE by Department Finance - Part-Time Seasonal Help 037 Police - Part-Time Temporary Help 006 Engineering - Part-Time Temporary Help 067 Parks - Part-Time Seasonal Help (reorganization) -003 Sub -Total 107 Authorized Staffing Per 2014 Amended Budget 324.66 2014 Authorized Staffing Attachment A Amended Monthly Salary Range Function/Department 2009 2010 2011 2 2 0 1 3 2014 2014 Low High City Council City Council 900 900 900 900 900 700 700 $1,000 $1,150 Legislative Assistant 100 too 100 1 00 1 00 1 Go 100 $5,366 $6,538 Council /Auditor Assistant 080 080 080 080 080 080 080 $4,627 $5,638 Total City Council 1080 1080 1080 1080 1080 880 880 Executive Mayor too 100 100 1 00 100 1 00 100 $8,917 $8,917 Executive Assistant 100 100 100 1 00 1 00 100 100 $5,366 $6,538 Total Evecunve 200 200 200 200 200 200 200 Financial Services Director of Financial Services 100 100 100 100 100 100 100 $9,239 $11,256 Assistant Director of Financial Services 1 00 100 100 too 100 1 00 1 00 $6,869 $8,370 City Clerk 100 100 1 00 too 100 100 100 $4,627 $5,638 Deputy City Clerk 100 100 - - - - $ 4,170 $4,909 Assistant Finance Officer - - $ 6,223 $7,583 PW Financial Manager 100 $6,223 $7,583 Accountant - Financial Analyst - 100 200 $5,500 $6,494 Budget Analyst 100 100 100 100 100 100 100 $5,108 $6,223 Accounting Assistant Sr 300 300 300 300 400 400 3 00 $3,684 $4,333 Accounting Assistant it 200 200 200 1 00 1 00 1 00 1 00 $3,371 $3,887 Payroll Specialist 100 100 1 00 1 00 1 00 100 100 $3,742 $4,403 Customer Service Representative - - - - - - - $ 3,196 $3,742 Part-Time Clerical 038 038 038 038 038 038 0 75 Total Financial Services 1138 1138 1038 938 1138 1138 11 75 Human Resources Human Resources Manager 100 100 1 00 100 100 100 100 $6,538 $7,966 Human Resources Analyst It 100 100 100 - - - $ 5,108 $6,223 Civil Service Officer/HR Assistant - - - - - - $ 4,627 $5,638 Human Resources Assistant 100 100 1 00 1 00 $3,371 $3,950 Seasonal Clerical' - - 014 014 Total Human Resources 200 200 200 200 200 214 214 Legal City Attorney 100 100 100 100 100 100 100 $9,706 $11,826 Assistant City Attorney 111 200 200 100 1 00 1 00 100 1 00 $7,217 $8,793 Assistant City Attorney I - - - - - 100 100 $5,108 $6,223 City Prosecutor 100 100 100 200 1 00 100 100 $5,923 $7,217 Assistant City Prosecutor 11 - 100 100 100 100 100 100 $5,108 $6,223 Assistant City Prosecutor 1 100 - - - - - $ 4,404 $5,366 Risk Manager - - - - - $ 6,869 $8,370 Risk Management Specialist 100 100 1 00 1 00 100 100 100 $5,638 $6,869 Paralegal 100 - - - - - - $ 5,366 $6,538 Legal Assistant iI 100 200 200 200 200 200 200 $3,990 $4,862 Legal Assistant 1 100 - - - - - - $ 3,798 $4,627 Part-Time Clerical* - - - - 063 063 Total Legal 900 800 700 800 700 863 863 Municipal Court Municipal Court Judge 100 100 100 100 100 100 100 $11,443 $11,443 Court Administrator 100 100 1 00 1 00 1 00 1 00 100 $6,538 $7,966 Probation Officer 100 100 100 1 00 1 00 100 100 $4,170 $4,909 Legal Technician Sr 100 100 100 200 200 200 200 $4,652 $5,479 Legal Technician 700 700 700 Soo 450 450 450 $3,371 $3,950 Part-Time Clerical* - - - - - 038 038 Total Municipal Court 1100 1100 1100 1000 950 988 988 2014 Authorized Staffing Attachment A __ Amended Monthly Salary Range Function/Depa 2009 2010 2011 2012 2013 2014 2014 Low High Community Development Director of Community Development 1 00 100 100 100 1 00 100 100 $8,793 $10,714 Assistant Director 100 100 100 100 100 - - $6,869 $8,370 Building Official - - - - 1 00 100 100 $6,538 $7,966 Senior Planner - - - - 200 200 $5,366 $6,538 Office Assistant Sr Spec 100 100 1 00 - - - - $3,742 $4,333 Code Enforcement Officer 1 00 1 00 100 1 00 1 00 1 00 100 $5,179 $6,122 Project Assistant - 100 100 1 00 100 1 00 1 00 $3.742 $4,403 Planner II 100 too 300 300 300 100 1 00 $5,179 $6,122 Planner i 200 200 - - - 100 100 $4,652 $5,479 Building Development Specialist Ill 100 1 00 100 1 00 - - - $5,179 $6,122 Building Development Specialist II 100 1 00 1 00 100 100 1 00 100 $4,652 $5,479 Building Development Specialist 1 100 100 100 100 100 200 200 $3,750 $4,652 Total Community Development 1000 1100 1100 1000 1000 1100 1100 Police Department Police Chief 100 100 1 00 100 100 100 100 $9,706 $11,826 Police Captain 200 200 200 200 200 200 200 $8,957 $10,121 Police Lieutenant 300 300 300 200 200 200 200 $7,864 $8,886 Police Sergeant 800 800 800 800 800 700 700 $6,777 $7,370 Police Officer 5200 4900 4600 4500 4500 4600 4600 $5,079 $6,573 Court Home Detention Specialist 150 1 50 100 100 100 100 100 $4,170 $4,909 Warrant Server 200 200 200 200 200 200 200 $4,170 $4,909 Police Support Manager 1 00 1 00 - - - - - $5,638 $6,869 Police Records Specialist II 500 Soo 400 400 400 400 400 $3,553 $4,170 Office Assistant Sr 400 300 300 300 300 300 300 $3,318 $3,887 Evidence Property Control Specialist too 1 00 1 00 100 100 1 00 100 $3,196 $3,742 Lead Evidence Property Control Specialist 100 100 too 100 too 100 100 $3,371 $3,950 Community Resource Specialist 100 100 1 00 060 1 00 100 100 $4,652 $5,479 Part -Time Temporary* - - - - - - 0 06 Total Police Department 8250 7850 7300 7060 7100 7100 7106 Fire Department Fire Chief 100 100 1 00 100 1 00 100 100 $9,239 $11,256 Assistant Fire Chief 100 100 100 - - - - $8,370 $10,298 Battalion Chief 100 300 300 300 300 300 300 $8,827 $9,269 Battalion Chief Training - 100 1 00 100 100 100 100 $9,217 $9,377 Fire Captain 300 300 300 300 300 300 300 $8,048 $8,571 Fire Captain - Deputy Fire Marshal 100 1 00 100 100 too 100 100 $8,437 $8,860 Fire Captain - Medical Officer 100 100 - 1 00 100 100 100 $8,632 $9,064 Firefighter/Fire Prevention 100 100 1 00 100 100 1 00 100 $7,464 $7,837 Fire Lieutenant Training - 100 - - - - - $7,854 $8,246 Fire Lieutenant 1300 900 1000 900 900 900 900 $7,464 $7,837 Firefighter 1900 1500 1400 1500 1500 1500 1500 $4,543 $6,490 Firefighter /SCBA 300 300 300 300 300 300 300 $4,725 $6,750 Firefighter/Equipment Maintenance 300 300 300 300 300 300 300 $4,725 $6,750 Paramedic /Firefighter 1500 1500 1500 14 00 1400 1400 1400 $5,111 $7,302 Office Assistant Sr Spec 100 100 100 too 100 100 100 $3,742 $4,403 Office Assistant Ii - - - - - - - $3,037 $3,553 Total Fire Department 6200 5900 5700 5600 5600 5600 5600 2014 Authorized Staffing Attachment A Amended Monthly Salary Range Function/Department 2009 20 2011 2012 2013 2014 2014 Low High City Auditor City Auditor 100 100 1 00 100 100 100 100 $7,217 $8,793 Council /Auditor Assistant 020 020 020 020 020 020 020 $4,627 $5,638 Total Citv Auditor 120 120 120 120 120 120 110 Parks & Recreation Director of Parks & Recreation 1 00 100 1 00 1 00 1 00 100 1 00 $8,370 $10,198 Parks Development Planner 100 100 100 100 100 100 100 $5,366 $6,538 Parks Maintenance Manager 100 100 100 100 100 100 100 $5,638 $6,869 Athlctics/Rccrcation Manager 100 100 100 100 100 100 100 $5,638 $6,869 Parks Maintenance Supervisor 100 100 100 100 100 100 100 $5,479 $6,469 Professional/Management 055 - - - - - - $3,093 $3,093 Office Assistant 111 100 100 100 $3,196 $3,742 Office Assistant 11 100 100 - $3,037 $3,553 Office Assistant 1 - - 075 075 $2,888 $3,394 Parks Facilities Specialist - - - - - $4,909 $5,791 Parks Service Specialist, Sr 400 400 400 400 400 400 400 $4,170 $4,909 Parks Service Specialist 400 400 400 400 400 400 400 $3,742 $4,403 Parks Laborer 450 450 300 300 200 200 200 $2,737 $3, 196 Recreation Program Coordinator 111 200 200 200 200 200 200 200 $4,170 $4,909 Recreation Program Coordinator 11 200 200 100 100 100 100 100 $3,950 $4,652 Recreation Program Coordinator 1 1 00 1 00 - - - - - $3,371 $3,950 Parks Maintenance Seasonal Labor* - - 201 1 9R Parks & Recreation Seasonal Labor* - - 199 199 Total Parks & Recreation 2505 2450 2000 1900 1800 2275 2272 Engineering City Engineer 100 100 100 100 100 100 100 $8,370 $10,198 Managing Engineer 200 200 200 200 200 200 200 $6,869 $8,370 Project Manager 200 200 100 - - - - $6,538 $7,966 Office Assistant Senior 100 100 100 100 100 100 100 $3,371 $3,950 Project Assistant 100 100 100 1 00 100 100 100 $3,742 $4,403 Civil Engineer ill 100 100 100 100 100 - - $6,122 $7,183 Civil Engineer 11 300 300 200 200 200 300 300 $5,791 $6,831 Civil Engineer 1 100 100 100 100 100 - - $5,179 $6,122 Engineering Technician Sr 200 200 100 100 100 100 100 $5,791 $6,831 Engineering Technician IV 600 600 600 600 600 Soo 500 $4,909 $5,791 Engineering Technician 111 200 - - - - - $4,403 $5,179 Engineering Technician 11 100 100 200 $3,950 $4,652 Permit Technician 100 100 - $3,950 $4,652 Seasonal Clcncal/Intcm & Temporary Part-Time* - - - - - 0 28 NJ 0 95 Total Engineering 2400 1100 1900 1600 1600 1418 1495 Economic Development Redevelopment Projects Administrator 100 - - - - - - $9,057 $11,036 Total Economic Development 100 - - - - - - Total General Fund 25193 24138 22438 214.98 214.88 219.06 220.13 2014 Authorized Staffing Attachment A Amended Monthly Salary Range Function/Departmen 2009 2010 2011 2 2 2014 2014 Low High Community Development Block Grant Community Development Programs Administrator 100 100 1 00 1 00 100 100 100 $5,638 $6,869 Community Development Programs Coordinator 1 00 100 - - - - - $5,108 $6,223 Community Development Programs Specialist - - 100 100 - - - $4,404 $5,366 Total Community Development Block Grant 200 100 100 100 100 100 100 BKAT Public Access Manager 100 1 00 100 100 100 100 100 $5,366 $6,538 Production Administrator 100 100 100 100 100 100 100 $4,627 $5,638 Part-Time Labor" - - - - - 127 1 27 Total BKAT 200 200 200 200 200 327 327 Park Plaza Construction Fund Redevelopment Projects Administrator - 100 - - - - - $9,239 $11,256 Total Pa)* Plaza Construction Fund - 100 Public Works & Utilities Street Department Public Works Operations Manager 100 100 1 00 100 100 100 100 $6,869 $8,370 Electronics Supervisor 100 100 100 - - - - $5,479 $6,469 Street Service Specialist Supervisor 200 200 200 100 100 100 100 $5,479 $6,469 Sign Shop Service Specialist Supervisor 100 1 00 - - - - - $5,479 $6,469 Electronics Technician 400 100 100 100 100 100 100 $4,909 $5,791 Journey Electrician 300 300 200 200 200 200 200 $4,909 $5,791 Street Service Specialist Sr 300 300 300 200 200 200 200 $4,403 $5,179 Street Service Specialist 300 300 300 300 300 300 300 $3,950 $4,652 Sign Shop Service Specialist Sr 100 100 100 100 100 100 100 $4,403 $5,179 Sign Shop Service Specialist 100 - - - - - - $3,950 $4,652 Accounting Assistant Senior 100 100 100 - - $3,742 $4,403 Seasonal Labor* - - - 060 060 Total Street Department 2100 1700 1500 1100 1100 1160 1160 Public Works & Utility Administration Director of Public Works & Utilities 100 100 1 00 100 1 00 100 100 $9,239 $11,256 Project Manager 100 - - - - - - $6,538 $7,966 PW &U Financial Manager 100 100 100 1 00 , - - - $6,223 $7,583 Administration Division Manager 100 1 00 - - 100 100 1 00 $5,366 $6,538 Utility Accounts Supervisor 100 100 100 100 100 100 100 $4,909 $5,791 Accountant 100 100 100 - - - - $4,652 $5,479 Accounting Assistant Senior 200 200 200 200 - - 100 $3,742 $4,403 Accounting Assistant 111 100 100 100 100 100 100 100 $3,553 $4,170 Accounting Assistant 11 100 100 100 100 100 100 100 $3,371 $3,950 Customer Service Representative 200 200 200 200 100 100 100 $3,196 $3,742 Office Assistant Senior Spec 100 100 100 100 - - - $3,684 $4,333 Office Assistant Senior 1 00 100 1 00 1 00 200 300 300 $3,371 $3,950 Office Assistant 11 200 200 1 00 100 100 - - $3,037 $3,553 Web Support Specialist 1 00 100 - - - - - $3,742 $4,403 Part-Time Clerical* - - - - - 1 00 100 Total Utthtv Administration 1700 1600 1300 1200 900 1000 1100 2014 Authorized Staffing Attachment A Amended Monthly Salary Range Function/Department 2009 2010 2011 2012 2013 2014 2014 Low High Utility Operations Water Resources Water Resources Manager 100 1 00 1 00 100 100 100 1 00 $6,869 $8,370 Water Operator Lead 100 1 00 100 100 100 too 1 00 $4,909 $5,791 Water Operator Senior 200 200 200 200 200 200 200 $4,403 $5,179 Water Operator 200 200 200 200 200 200 200 $3,950 $4,652 Water Resources Operations Supervisor 1 00 1 00 1 00 100 100 100 1 00 $5,479 $6,469 Water Resources Assistant 100 100 - - - - - $3,553 $4,170 Electronics Technician - - - 100 100 100 100 $4,909 $5,791 Environmental Technician 275 275 300 300 300 300 300 $4,909 $5,791 Seasonal Clencal/Intem• - - - - - 024 024 Total Water Resources 1075 1075 1000 1100 1100 1124 1124 Wastewater Wastewater Manager 1 00 100 100 1 00 1 00 1 00 100 $6,869 $8,370 Wastewater Treatment Plant Operations Supv 1 00 100 1 00 1 00 1 00 1 00 1 00 $5,479 $6,469 Wastewater Treatment Plant Maint Supv 100 100 100 100 1 00 100 100 $5,479 $6,469 Wastewater Treatment Plant Operator I 300 300 300 300 300 300 300 $4,652 $5,479 Wastewater Treatment Plant Operator 11 200 200 200 200 200 200 200 $4,909 $5,791 Wastewater Treatment Plant Operator Trainee - 100 - - - - - $3,950 $4,652 Wastewater Treatment Plant Maint Tech 400 400 400 400 400 400 400 $4,170 $4,909 Electronics Technician 100 1 00 100 100 - - - $4,830 $5,699 W WTP Instrumentation & Control Specialist - - - - 1 00 100 100 $4,830 $5,699 Journey Electrician 100 100 1 00 1 00 1 00 1 00 100 $4,830 $5,699 WWTP Laboratory Technician 100 100 100 100 100 100 100 $4,403 $5,179 Computerized Maint Mgmt Sys Tech 100 100 100 1 00 too 100 100 $4,909 $5,791 Accounting Assistant Senior 1 00 1 00 1 00 100 100 100 100 $3,742 $4,403 Seasonal Labor* - - - - - 252 252 Total Wastewater 1700 1800 1700 1700 1700 1952 1952 Utilities Operations & Facilities Utility Operations Manager 100 100 100 1 00 100 100 100 $6,869 $8,370 Water Distribution Supervisor 1 00 100 100 1 00 100 1 00 1 00 $5,479 $6,469 Lead Utilities Service Specialist 300 300 300 300 300 300 300 $4,909 $5,791 Utilities Service Specialist Senior 900 900 900 900 900 1000 1000 $4,403 $5,179 Utilities Service Specialist 1100 1100 1100 900 900 1100 1100 $3,950 $4,652 Sewer /Storm Collection Supervisor 100 100 100 100 1 00 100 100 $5,479 $6,469 Cross Connection Control Specialist 100 too 100 1 00 100 100 100 $5,179 $6,122 Lead Facilities Service Specialist 100 100 100 100 100 100 100 $4,909 $5,791 Facilities Service Specialist Senior 100 100 100 1 00 1 00 - - $4,403 $5,179 Facilities Service Specialist 200 200 200 200 200 - - $3,950 $4,652 Facilities/Invcntory Supervisor 1 00 1 00 1 00 1 00 1 00 100 1 00 $5,479 $6,469 Seasonal Labor* - - - - - 390 390 Total Utilities Opeiattorrs & Facilities 3100 3100 3200 3000 3000 3390 3390 Forestry Forestry Manager 100 1 00 1 00 1 00 1 00 1 00 1 00 $6,869 $8,370 Forestry Service Specialist Supervisor 1 00 100 1 00 1 00 100 1 00 100 $5,791 $6,831 Forestry Service Specialist Senior 200 200 200 200 200 200 200 $4,170 $4,909 Total Forestry 400 400 400 400 400 400 400 Total Public Works & Utility Operations 101.75 9775 91.00 8500 82.00 9026 91.26 2014 Authorized Staffing Attachment A Amended Monthly Salary Range Function/Department 2009 2 0 1 0 2011 2012 20 2014 2014 Low High Equipment Maintenance Fleet Manager 100 100 100 - - - - $5,923 $7,217 Accounting Assistant 11 100 100 100 100 - - - $3,371 $3,950 Automotive Equipment Technician Supervisor 1 00 100 1 00 100 1 00 100 100 $5,479 $6,469 Automotive Equipment Tech 300 300 300 200 200 200 200 $4,403 $4,179 Automotive Technician Assistant 100 100 1 00 1 00 1 00 100 100 $3,371 $3,950 Total Equipment Maintenance 700 700 700 500 400 400 400 Information Technology Information Systems Manager 1 00 1 00 1 00 100 100 100 100 $6,869 $8,370 Nctwork Administrator 100 100 1 00 100 1 00 1 00 100 $5,479 $6,469 Application Support Analyst 100 100 1 00 100 100 100 100 $4,909 $5,791 Lead PC Technician 100 100 1 00 1 00 1 00 100 100 $4,909 $5,791 PC Techmcian 100 100 100 - - - - $4,403 $5,179 Web Support Specialist - - 1 00 100 100 100 100 $3,684 $4,333 Total Information Technoloa 500 500 600 500 500 500 500 Total Employees 36968 35613 33238 31398 308.88 32259 324.66 *Note Though budgeted under extra help, part -time and seasonal employees were not previously accounted for tinder full -time equivalent (FTE) prior to 2014 From: Lori Smith on behalf of City Council Sent: Wednesday, April 09, 2014 2:21 PM To: 'Jim McDonald' Cc: City Council; Cathy Johnson Subject: RE: Citizen Comments - 2014 Budget Adjustments (Jim McDonald) Mr. McDonald (Jim!), Your letter was received, and will be provided to the Council Members for their review and consideration. A copy will also be provided to Interim Finance Director Cathy Johnson for her information; and included as a part of the record. It is appreciated that you took the time to express your comments. Hope all is well with you & Judy! Sincerely, Lori Lori Smith Legislative Assistant Bremerton City Council (360) 473 -5280 From: Jim McDonald [ mailto jimmc90Cagmail.com Sent: Wednesday, April 09, 2014 11:55 AM To: City Council Subject: 2014 budget adjustments Council Members, I noted that you have a presentation on the 2014 budget adjustments and that the ending fund balance was projected to be about $400,000 above the 8.5% established target. Since the Contingency Reserve fund was drawn down several years ago, the City has been re- building this fund to the stated goal of $1,000,000. The 2014 projected year -end balance for this fund is slightly over $515,000. This is not an adequate reserve level for Bremerton. During your budget adjustment deliberations, I would encourage you to direct staff to allocate additional funds from the Ending Fund Balance to the Contingency Reserve Fund. I would also encourage the Council to set a percentage target for the Contingency Reserve. The $1,000,000 target has been established for some time now. And with inflation, that amount of money doesn't buy what it use to. In other words, that figure should be raised nearly every year to keep up with inflation. Respectfully, Jim McDonald AGENDA BILL CITY OF BREMERTON CITY COUNCIL SA rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr■ SUBJECT: Public Works Agreement with Study Session Date: 4/9/2014 Lakeside Industries, Inc for Repaving of COUNCIL MEETING Date: 4/16/2014 Gold Mountain Golf Course Entrance Road Department Parks and Recreation Presenter Jeff Elevado Phone: 473 -5752 SUMMARY: The entry road to the Gold Mountain Golf Course requires repair and repaving. The roadway has deteriorated with areas of "alligatored" asphalt and fading shoulders due to water damage. The exceptionally wet winter has accelerated this deterioration. The Public Works Department is currently under contract with Lakeside Industries, Inc. for the Belfair Valley and Lake Flora Road Preservation Project. Work for this project will include paving on Belfair Valley Road that ends dust past the entrance road to Gold Mountain. The opportunity provided by the contractor being "on -site" and completing the Gold Mountain entrance road repairs in conjunction with the Public Works project affords significant cost savings. Lakeside Industries, Inc. has provided a proposal to complete the work for $66,350 48 (Including sales tax) ATTACHMENTS: 1) Public Works Agreement 2) Proposal 3) Photos FISCAL IMPACTS (Include Budgeted Amount). Funds are available in the Gold Mountain Golf Course Capital Improvement Fund 2014 Budget $105,000 STUDY SESSION AGENDA IN No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda © General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve Public Works Agreement for the Repaving of the Gold Mountain Golf Course Entrance Road, and authorize the Mayor to finalize and execute the agreement with Lakeside Industries, Inc. with substantially the same terms and conditions as presented and amend the 2014 Golf CIP in its entirety to replace items approved with the repaving project ($65,000) and Concession /Restroom Facility ($38,500). COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 PUBLIC WORKS AGREEMENT THIS AGREEMENT, is entered into between the City of Bremerton, a Washington Municipal Corporation ( "City"), and Lakeside Industries, Inc. ( "Contractor "), whose mailing address is P.O. Box 7016, Issaquah, WA 98027 The parties agree as follows: 1. CONTRACTOR SERVICES. The Contractor shall perform the following services for the City: Provide labor and materials to repave the entrance road to the Gold Mountain Golf Course as identified in the Scope of Work and Specifications attached. 2. TIME OF COMPLETION. Contractor shall complete the work within thirty 30 calendar days from the date of issuance of the City's Notice to Proceed. 3. COMPENSATION. The City shall pay the Contractor the total amount of $61,040.00 plus any applicable Washington State Sales Tax, for the work and services contemplated in this agreement. The Contractor shall invoice the City monthly. The City will pay for the portion of the work described in the invoice that has been completed by the Contractor and approved by the City. The City payment shall not constitute a waiver of the City's right to final inspection and acceptance of the project. A. Performance Bond Pursuant to Chapter 39.08 RCW, the Contractor, shall provide the City a performance bond for the full contract amount to be in effect until sixty (60) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue and the State Department of Labor and Industries and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. B. Retainage The City shall hold back a retamage in the amount of five percent (5 %) of any and all payments made to contractor for a period of sixty (60) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue and the State Department of Labor & Industries and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later C. Defective or Unauthorized Work The City reserves its right to withhold payment from Contractor for any defective or unauthorized work. Defective or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this agreement; and extra work and materials furnished without the City's written approval. If Contractor is unable, for any reason, to satisfactorily complete any portion of the work, the City may complete the work by contract or otherwise, and Contractor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum PUBLIC WORKS AGREEMENT — Page 1 of 10 (April 4, 2014) (between City of Bremerton and Lakeside Industries, Inc ) Contract price specified above. The City further reserves its right to deduct the cost to complete the Contract work, including any Additional Costs, from any and all amounts due or to become due the Contractor. D. Final Payment: Waiver of Claims THE ACCEPTANCE OF FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. 4. INDEPENDENT CONTRACTOR. Contractor is and shall be at all times acting as an independent contractor and not as an employee of the City. The Contractor shall secure at its expense, and shall be responsible for all payments of income tax, social security, state industrial insurance compensation, unemployment compensation, and all other payroll deductions for the Contractor, officer, agents, employees and sub - contractors. The Contractor shall also secure all applicable business licenses, if required, in connection with the contract services, including all required licenses for Contractor's officers, agents, employees and sub- contractors. 5. TERMINATION. The City may terminate this agreement without notice for good cause. "Good cause" shall include, without limitation, any one or more of the following events: A. The Contractor's failure to supply sufficient skilled workers or suitable materials or equipment. B. The Contractor's failure to prosecute the work with such diligence as will ensure its physical completion within the original physical completion time specified in this Agreement and any extensions of time which may have been granted to the Contractor by change order or otherwise. C. The Contractor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Contractor's disregard of federal, state or local laws, rules or regulations. E The Contractor's filing for bankruptcy or becoming adjudged bankrupt. F. The Contractor disregards the authority of the City. G. The Contractor performs work which deviates from the Contract, and neglects or refuses to correct rejected work. H. The Contractor's failure to provide continuous competent supervision. PUBLIC WORKS AGREEMENT — Page 2 of 10 (April 4, 2014) (between City of Bremerton and Lakeside Industries, Inc) I. The Contractor otherwise violates in any material way any provisions or requirements of the contract. If the City terminates this agreement for good cause, the Contractor shall not receive any monies due under this agreement, if any, until the Contract work is completed. 6. PREVAILING WAGES. Contractor shall file a "Statement of Intent to Pay Prevailing Wages," with the State of Washington Department of Labor & Industries prior to commencing the Contract work. Contractor shall pay prevailing wages and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached. 7. CHANGES. The City may issue a written or oral work change directive for any change in the Contract work during the performance of this agreement. If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to the City's project manager within two (2) business days of the date the Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Contractor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving either a written or oral work change directive from the City or a change order from the City. If the Contractor fails to require a change order within the time allowed, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided below: A. Procedure and Protest by the Contractor If the Contractor disagrees with anything required by a written work change directive, oral work change directive or change order, including any direction, instruction, interpretation, or determination by the City, the Contractor shall - 1. Give a signed written notice of protest to the City within one business day; 2. Supplement the written protest within five (5) calendar days with a written statement that provides the following information: a. The date of the Contract's protest. b. The nature and circumstances that caused the protest C. The provisions in this agreement that support the protest. PUBLIC WORKS AGREEMENT — Page 3 of 10 (April 4, 2014) (between Cry of Bremerton and Lakeside Industries, Inc) d. The estimated dollar cost, if any, of the protested work and how that estimate was determined. e. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. The Contractor shall keep complete records of extra costs and time incurred as a result of the protested work The City shall have access to any of the Contractor's records needed for evaluating the protest. 3. The City will evaluate all protests, provided the procedures in this section are followed. If the City determines that a protest is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. B. Contractor's Duty to Complete Protested Work In spite of any protest, the Contractor shall proceed promptly with the work as the City has ordered. C. Contractor's Acceptance of Changes The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Contractor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. D. Failure to Protest Constitutes Waiver By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts form the City any written or oral order (including directions, instructions, interpretations, and determination). 8. CLAIMS. The Contractor shall give written notice to the City of all claims other than change orders within fourteen (14) calendar days of the occurrence of the events giving rise to the claims. Any claim for damages, additional payment for any reason, or extension of time, whether under this agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this agreement; or, if (and only 10 no such provision is applicable, unless that claim is set forth in detail in writing and received by the City within seven (7) calendar days from the date Contractor knew, or should have known, of the facts giving rise to the claim At a PUBLIC WORKS AGREEMENT — Page 4 of 10 (April 4, 2014) (between City of Bremerton and Lakeside Industries, Inc minimum, a Contractor's written claim must include the information set forth regarding protests in Section 7.A.2.a. -e. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY Contractor must, in any event, file any claim or bring any suit arising from or connected with this agreement within 120 calendar days from the date the contract work is complete. 9. WARRANTY. The Contractor shall correct all defects in workmanship and materials within one year from the date of the Contractor's acceptance of the City's final payment under this contract. When defects are corrected, the warranty for that portion of the work shall extend for one year form the date such correction is completed and accepted by the City The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. 10. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits including all legal costs and attorney fees, arising out of or in connection with the performance of this agreement, except for injuries and damages solely caused by the City's negligence. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE TITLE 51 RCW, SOLELY FOR THE PURPOSE OF THIS INDEMNIFICATION. THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this agreement. 11. INSURANCE. The Contractor shall procure and maintain for the duration of this agreement, insurance against claims for injuries to persons or damage to property that may arise PUBLIC WORKS AGREEMENT — Page 5 of 10 (April 4, 2014) (between City of Bremerton and Lakeside Industries, Inc) from or in connection with the performance of the Contract work by the Contractor, its agents, representatives, employees or subcontractors. Before beginning the work on the project described in this agreement, the Contractor shall provide a Certificate of Insurance evidencing: A. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and B. Commercial General Liability insurance written on an occurrence basis with limits no less than $2,000,000 combined single limit per occurrence and $2,000,000 aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products /completed operations/broad form property damage; explosion, collapse and underground (XCU) if applicable; and employer's liability. Any payment of deductible or self insured retention shall be the sole responsibility of the Contractor. The City reserves the right to receive a certified copy of all the required insurance policies. The City, its officials, employees, agents and volunteers shall be named as an additional insured on the insurance policy, as respects work performed by or on behalf of the Contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance The Contractor's insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Contractor's insurance shall be primary insurance as respects the City, and the City shall be given thirty (30) calendar days prior written notice by certified mail, return receipt requested, of any cancellation, suspension or material change in coverage. If this contract requires work to be performed in or on navigable waters, the Contractor shall provide insurance written on an occurrence basis with limits no less than $2,000,000 combined single limit per occurrence and $2,000,000 aggregate for claims made under the Longshoreman and Harbor Workers Act and the Jones Act. 12. MISCELLANEOUS. A. Nondiscrimination In the hiring of employees for the performance of work under this Agreement or any sub - contract hereunder, the Contractor, its sub - contractors, or any person acting on behalf of such Contractor or sub - contractor shall not, by reason of race, religion, color, sex, national PUBLIC WORKS AGREEMENT — Page 6 of 10 (April 4, 2014) (between City of Bremerton and Lakeside Industries, Inc) origin, or the presence of any sensory, mental, physical disability, or sexual orientation discriminate against any person who is qualified and available to perform the work to which the employment relates. B. Compliance with Laws Contractor shall comply with all federal, state and local laws, rules and regulations throughout every aspect in the performance of this agreement. C. Work Performed at Contractor's Risk Contractor shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of this agreement. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. D. Nonwaiver of Breach The failure of the City to insist upon strict performance of any of the terms and rights contained herein, or to exercise any option herein conferred in one or more instances, shall not be constructed to be a waiver or relinquishment of those terms and rights and they shall remain in full force and effect E Governing Law This agreement shall be governed and construed in accordance with the laws of the State of Washington. If any dispute arises between the City and Contractor under any of the provisions of this agreement, resolution of that dispute shall be available only through the jurisdiction, venue and rules of the Kitsap County Superior Court, Kitsap County, Washington. F. Attorney's Fees To the extent not inconsistent with RCW 39.04.240, in any claim or lawsuit for damages arising from the parties' performance of this agreement, each party shall be responsible for payment of its own legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit; however, nothing in this subsection shall limit the City's right to indemnification under Section 10 of this agreement. G. Written Notice All communications regarding this agreement shall be sent to the parties at the addresses listed on the signature page of this agreement, unless otherwise notified. Any written notice shall become effective upon delivery, but in any event three (3) calendar days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated on this agreement. H. Assignment Any assignment of this agreement by the Contractor without the written consent of the City shall be void. PUBLIC WORKS AGREEMENT — Page 7 of 10 (April 4, 2014) (between City of Bremerton and Lakeside Industries, Inc) I. Modification No waiver, alteration, or modification of any of the provisions of this agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor. J. Severability If any one or more sections, sub - sections, or sentences of this agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this agreement and the remainder shall remain in full force and effect K Entire Ageement The written provisions and terms of this agreement, together with any attached Exhibits, supersede all prior verbal statements by any representative of the City, and those statements shall not be construed as forming a part of or altering in any manner this agreement. This agreement and any attached Exhibits contain the entire agreement between the parties. Should any language in any Exhibit to this agreement conflict with any language contained in this agreement, the terms of this agreement shall prevail. IN WITNESS WHEREOF, the parties below have executed this agreement. CONTRACTOR THE CITY OF BREMERTON Print Name. Print Name: Title: Title - DATE DATE Notices to be sent to: Notices to be sent to: CONTRACTOR: CITY OF BREMERTON: Bremerton Parks and Recreation 680 Lebo Blvd. Bremerton, WA 98310 (360) 473 -5428 (360) 473 -5882 (facsimile) Attn Jeff Elevado Jeff. elevado @ci.bremerton.wa.us PUBLIC WORKS AGREEMENT — Page 8 of 10 (April 4, 2014) (between City of Bremerton and Lakeside Industries. Inc APPROVED AS TO FORM: Bremerton City Attorney ATTEST: Bremerton City Clerk R \LEGAL \Contracts \FORMS \ShortForm PW Agr doc PUBLIC WORKS AGREEMENT — Page 9 of 10 (April 4, 2014) (between City of Bremerton and Lakeside Industries, Inc ) PREVAILING WAGES DIVISION 5 SURFACE TREATMENTS AND PAVEMENTS 5 -04 HOT MIX ASPHALT 5 -04.3 Construction Requirements 5- 04.3(5) Conditioning of Existing Surface 5- 04.3(5)E Pavement Repair The second paragraph of Section 5- 04.3(5)E is revised to read as follows: The minimum depth of pavement repair excavation shall be 12 inches. This will allow for 8 inches of CSTC and 4 inches of HMA Class 1/2 inch Any excavation below 12 inches will be paid as unsuitable foundation excavation including haul. The minimum and maximum width of any pavement repair shall be determined in the field by the Engineer. Before any excavation, the existing pavement shall be saw cut or shall be removed by a pavement grinder. Placement of HMA shall be in two separate 2 -inch compacted lifts. Section 5- 04.3(5)E is supplemented with the following: As directed by the Engineer, areas of asphalt concrete pavement disturbed by the Contractor's operations shall be repaired as shown in the Plans to the limits determined by the Engineer. The placing and compaction of the trench backfill, and the preparation and compaction of the subgrade shall be in accordance with the requirements of the various applicable sections of the Standard Specifications, Special Provisions, and the detail in the Plans. Before the patch is constructed, all pavement cuts shall be trued so that the marginal lines of the patch will form a rectangle with reasonably straight edges and vertical faces. After the subgrade has been prepared, Hot Mix Asphalt shall be placed to a thickness as shown in the Plans or as directed by the Engineer. The edges of the existing asphalt pavement and castings shall be painted with hot asphalt cement or asphalt emulsion immediately before placing the asphalt patching material. The asphalt shall then be placed, leveled, and compacted to conform to all the adjacent paved surfaces Immediately thereafter, all joints between the new and original asphalt pavement shall be painted with hot asphalt or asphalt emulsion and be covered with dry paving sand before the asphalt solidifies The material for tacking the bottom and sides of patches for asphalt concrete shall be CRS 2 cationic emulsified asphalt per Section 9 -02 1(6) of the Standard Specifications. For sealing the edges after placing the asphalt concrete patch, the Contractor shall use a light cutback, AR4000 curing liquid asphalt, and then sand the surface to prevent tracking. City of Bremerton Gold Mountain Golf Course Entrance Road Project 111 -1 April 2014 Contract Documents Division 5 5- 04.3(7) Preparation of Aggregates 5- 04.3(7)A Mix Design Delete this section and replace it with the following 1. General. Prior to the production of HMA, the Contractor shall determine a design aggregate structure and asphalt binder content in accordance with WSDOT Standard Operating Procedure 732. Once the design aggregate structure and asphalt binder content have been determined, the Contractor shall submit the HMA mix design on DOT form 350 -042 demonstrating the design meets the requirements of Sections 9 -03 8(2) and 9 -03 8(6). HMA accepted by nonstatistical evaluation requires a mix design verification. For HMA accepted by commercial evaluation only the first page of DOT form 350 -042 and the percent of asphalt binder is required. In no case shall the paving begin before the determination of anti -strip requirements has been made. Anti -strip requirements will be determined by: a. Testing by WSDOT in accordance with TM 718. b. Testing by Contractor in accordance with WSDOT TM 718. c Historical aggregate source ant -strip use provided by WSDOT The mix design will be the initial.Job Mix Formula (JMF) for the HMA being produced. Any additional adjustments to the JMF will require the approval of the Project Engineer and may be made per Section 9- 03.8(7). 2. Mix Design Verification. Verification shall be accomplished by one of the following processes: a. The contracting agency will perform tests to verify the mix design in accordance with the Field Verification Testing Process b. Reference a mix design that has been previously verified by the Field Verification Testing Process or verified by WSDOT State Materials Lab on a previous project. c. Perform Field Verification Testing on a sample of HMA provided by the Contractor prior to paving Mix design verification is valid for one year from the date of verification. At the discretion of the Engineer, agencies may accept mix designs verified beyond the verification year with certification from the Contractor that the materials and sources are the same as those shown on the original mix design 3. Field Verification Testing Process. The Contracting agency will collect three Production Samples of HMA on the first day of paving per AASHTO T 168 sampling procedures a. The Contracting agency will test one Production Sample in accordance with section 5 -04 3(8)A for field verification per the requirements of Section 9- 03.8(7). b. If the test results from the first Production Sample are within the tolerances of section 9- 03.8(7), the mix design will be considered verified and the test results will be used as acceptance sample number one. c. If the test results from the first Production Sample are outside the tolerances of section 9- 03.8(7), the other two samples will be tested and the results of all three tests will be used for acceptance in accordance with Section 5- 04.5(1) and will be used in the calculation of the CPF the maximum CPF shall be 1.00. 4. Prior to the first day of paving, six Ignition Furnace Calibration Samples shall be obtained to calibrate the Ignition Furnaces used for acceptance testing of the HMA. Calibration samples shall be provided by the Contractor when directed by the Engineer. Calibration samples shall be prepared in accordance with WSDOT SOP 728. 5 Design and Performance — Asphalt Fiber Additive a. The design of the pavement shall be in accordance with the 1993 American Association of State Highway and Transportation Officials ( AASHTO) Guide for Design of Pavement Structures or the Mechanistic - Empirical Pavement Design Guide (MEPDG). A. b. The design of the pavement shall be based on the following parameters: 1. AASHTO: The Fiber Enhanced A.0 Layer Coefficient = 0 53 (min ) 2. MEPDG: Average Modular Value = 1.44 c Enhanced A.C. layer coefficients and modular value shall be calibrated and validated with the results of full scale laboratory, field and /or accelerated pavement testing where actual reinforced A.C. sections are tested against control unreinforced A.0 sections. Testing of the fiber enhanced A C. material must be done at a certified DOT, University, or other credible testing facility in the United States. Test results and contacts of those involved in the testing must be provided with the submittal described below B d. Any submittal for an alternative fiber additive must be submitted at least 2 weeks in advance of the bid date and must be accompanied with the following: 1 A design signed and sealed by a professional engineer registered to practice in the country, state or province in which the project is located. 2. A written statement from the alternative pavement design engineer -of- record that the design is based on the AASHTO 1993 Pavement Design Guide and utilizes an enhanced A.0 layer coefficient that has been properly calibrated and validated for the reinforcement of reinforcement of A.C. pavement in accordance with this Section. 3 Reports and study results from calibration and validation tests along with contacts of those involved in testing. 4' . A list of at least 3 projects with project contacts that have used the fiber additive in a similar A.0 pavement application. City of Bremerton Gold Mountain Golf Course Entrance Road Project 111 -3 Apnl 2014 Contract Documents Division 5 SUBMITTALS: A. Submit representative fiber product sample. B. Fiber product data sheet and certification from the Manufacturer that the fiber product supplied meets the requirements of this Section. C. Submit Manufacturer's instructions and general recommendations. MATERIALS: Fiber Reinforcement Provide fibers conforming to the requirements below. Design asphalt mix without fiber and do not alter the final mix design for the addition of fiber at the plant. Use the fiber type specified at the rate of 1.0 pound /ton of total mix. Physical Properties: • Materials Polyolefin /Aramid • Length 3/4" • Form Twisted Fibrillated and Monofdament Fibers • Color Yellow, Black, Tan • Specific Gravity 0.91/1.44 • Acid /Alkali Resistance Inert • Tensile Strength 70,000 psi / 400,000 psi • Melting Temperature 212F / 80OF Bituminous Mixing Plant: Fiber Supply System. Add fiber manually or through specialized equipment that can accurately proportion or meter, by weight, the proper amount per batch for batch plants, or continuously and in a steady uniform manner for drum plants. Batch Plant. When a batch plant is used, add fiber to the aggregate in the weigh hopper and increase both dry and wet mixing times. Ensure that the fiber is uniformly distributed before the injection of asphalt cement into the mixture Drum Plant. When a drum plant is used, inject fibers through the RAP collar by placing 1 pound bags of fibers on the RAP belt or by feeding them through a blower tube system. Rate the feeding of fibers with the rate the plant is producing asphalt mix. Store fibers in a dry environment and do not allow them to be in contact with moisture. 5- 04.3(8) Mixing 5- 04.3(8)A Acceptance Sampling and Testing — HMA Mixture 5- 04.3(8)A1 General Delete these sections and replace them with the following: Acceptance of HMA shall be as defined under nonstatistical or commercial evaluation. Nonstatistical evaluation will be used for all HMA not designated as Commercial HMA in the contract documents. Commercial evaluation will be used for Commercial HMA and for other classes of HMA in the following applications: sidewalks, road approaches, ditches, slopes, paths, trails, gores, prelevel, and pavement repair. Other nonstructural applications of HMA accepted by commercial evaluation shall be as approved by the Project Engineer Sampling and testing of HMA accepted by commercial evaluation will be at the option of the Project Engineer. Commercial HMA can be accepted by a contractor certification letter stating the material meets the HMA requirements defined in the contract. 5- 04.3(8)A4 Definition of Sampling Lot and Sublot Delete this section and replace it with the following: For the purpose of acceptance sampling and testing, a lot is defined as the total quantity of material or work produced for each fob mix formula (JMF) placed Only one lot per mix design will be expected to occur The initial JMF is defined in Section 5- 04.3(7)A Mix Design The Contractor may request a change in the JMF in accordance with Section 9- 03.8(7). If the request is approved, all of the material produced up to the time of the change will be evaluated on the basis of tests on samples taken from that material and a new lot will begin. For proposal quantities less than 2500 tons sampling and testing for evaluation shall be performed as described in 5- 04.3(7)A, item 3, Field Verification Testing Process The verification sample referenced in item 3b may be used as an acceptance sample, additional testing will be at the discretion of the Engineer When using a previously verified mix design, testing for volumetric properties may be waived at the engineer's discretion. At least one acceptance sample is required when using this method of acceptance. For proposal quantities greater than 2500 tons sampling and testing for evaluation shall be performed as described in 5- 04.3(7)A, item 3, Field Verification Testing Process, for the first 2500 tons of mix placed. The verification sample referenced in item 3b may be used as an acceptance sample for the first 2500 tons of mix placed. Additional testing will be at the rate of one sample per 800 tons of mix placed or as directed by the Engineer When using a previously verified mix design, testing for volumetric properties may be waived at the engineer's discretion. City of Bremerton Gold Mountain Golf Course Entrance Road Project 111 -5 April 2014 Contract Documents Division 5 5- 04.3(8)A5 Test Results Delete this section and replace it with the following* The Engineer will furnish the Contractor with a copy of the results of all acceptance testing performed in the field at the beginning of the next paving shift. The Engineer will also provide the Composite Pay Factor (CPF) of the completed sublots after three sublots have been produced The CPF will be provided by the midpoint of the next paving shift after sampling. Sublot sample test results (gradation and asphalt binder content) may be challenged by the Contractor. For HMA mixture accepted by statistical evaluation with a mix design that did not meet the verification tolerances, the test results in the test section including the percent air voids (Va) may be challenged. To challenge test results, the Contractor shall submit a written challenge within 7- calendar days after receipt of the specific test results. A split of the original acceptance sample will be sent for testing to either the Region Materials Laboratory or the State Materials Laboratory as determined by the Project Engineer. The split of the sample with challenged results will not be tested with the same equipment or by the same tester that ran the original acceptance test. The challenge sample will be tested for a complete gradation analysis and for asphalt binder content The results of the challenge sample will be compared to the original results of the acceptance sample test and evaluated according to the following criteria Deviation U.S. No. 4 sieve and larger Percent passing ±4.0 U.S. No. 8 sieve Percent passing ±2.0 U.S. No. 200 sieve Percent passing ±0 4 Asphalt binder Percent binder content ±0 3 Va Percent Va ±0.7 If the results of the challenge sample testing are within the allowable deviation established above for each parameter, the acceptance sample test results will be used for acceptance of the HMA. The cost of testing will be deducted from any monies due or that may come due the Contractor under the Contract at the rate of $250 per challenge sample. If the results of the challenge sample testing are outside of any one parameter established above, the challenge sample will be used for acceptance of the HMA and the cost of testing will be the Contracting Agency's responsibility. 5- 04.3(10) Compaction 5- 04.3(10)B Control Section 5- 04.3(10)B is supplemented with the following: For hot mix asphalt, where the specified compacted course thickness is greater than 0.10 foot, the acceptable level of compaction shall be a minimum of 92 percent of the maximum density as determined by WSDOT Test Method 705. The level of compaction attained will be determined as the average of five nuclear density gauge tests taken on the day the mix is placed (after completion of the finish rolling) at selected locations within each lot, with all five tests exceeding 89 percent of Rice. The quantity represented by each lot will be no greater than two truckloads with trailers, or approximately 60 tons, whichever is less. When tests determined that the lot does not meet the minimum density standards, paving must stop To resume paving, all factors contributing to compaction shall be analyzed and the Engineer shall approve changes made, which may require a new mix design. Any lot not meeting the density standards shall be removed and replaced with satisfactory material with no additional cost to Contracting Agency. Cores may be used as an alternate to the nuclear density gauge tests. When cores are taken by the Engineer at the request of the Contractor, the request shall be made by noon of the first working day following placement of the mix. The cost for the coring expenses when the core results indicate the specified level of relative density within a lot has not been achieved will be deducted from any monies due or that may become due the Contractor under the contract at the rate of $150.00 per core. In addition to the randomly selected locations for tests of the control lot, the Engineer reserves the right to test any area which appears defective and to require the further compaction of areas that fall below acceptable density readings These additional tests shall not impact the compaction evaluation of the entire control lot. Hot mix asphalt shall not be placed after September 30 without written approval from the City Engineer. 5- 04.3(13) Surface Smoothness The second sentence of Section 5- 04.3(13) is revised to read: The completed surface of the wearing course shall not vary more than 1/4 inch from the lower edge of a 10 -foot straightedge placed on the surface in any direction, except in areas where the roadway cross section changes or transitions. Section 5 -04 3(13) is supplemented with the following: Commercial HMA for Approaches /Driveways Fill Condition — (existing driveway is below new driveway grade). Limits for asphalt concrete pavement at the driveways shall be as shown in the Plans or as marked in the field by the Engineer. Existing asphalt concrete driveway surface shall be prepared per requirements of Section 5- 04.3(5)A Cut Condition — (existing driveway is above new driveway grade) Limits for asphalt concrete pavement reconstruction at the driveways shall be as shown in the Plans or as marked in the field by the Engineer. Edge of asphalt concrete pavement driveway reconstruction shall be saw cut. Driveways shall be excavated to provide a pavement section of 3 inches Commercial HMA over 4 inches of crushed surfacing top course. Subgrade shall be prepared per the requirements of Section 2 03. Crushed surfacing top course shall be placed per the requirements of Section 4 -04. City of Bremerton Gold Mountain Golf Course Entrance Road Project I1l -7 April 2014 Contract Documents Division 5 Paving of asphalt concrete driveways shall be completed as to minimize disruption of access to the associated property. 5 -04.4 Measurement Section 5 -04 4 is supplemented with the following Pavement repair includes work not specifically identified on the Plans. Pavement repair will be specifically marked in the field by the City. The quantity in the bid item for "Pavement Repair" is an estimated quantity. The Contractor shall be paid for only the actual amount of pavement repair required by the Engineer. Section 1 -04.4 shall not apply. Pavement repair shall be according to Bremerton Standard Drawing 3155. 5 -04.5 Payment Section 5 -04.5 is supplemented with the following "Fiber Reinforced HMA CL. 1/2 In. PG 64 -22 ", per ton. "Pavement Repair', per square yard. The unit contract price per square yard for "Pavement Repair" shall be full pay for performing the work as specified, including, but not limited to, all costs for saw cutting, excavation to a depth of 12 inches, hauling and disposal of materials, furnishing, placing, and compacting HMA Class 1/2 PG 64 -22 Payment for installation of crushed surfacing top course shall be paid under that bid item. END OF DIVISION 5 City of Bremerton Bremerton Project No 6187 BVR and LFR Preservation Project 111 -9 September 2013 Contract Documents Division 5 Li LAKESIDE INDUSTRIES, INC. PROPOSAUCONTRACT AGREEMENT ACCT. /ADMIN. OFFICE: P.O. BOX 7016 ISSAQUAH, WA 98027 (425) 313 -2600 "AN EQUAL OPPORTUNITY EMPLOYER" Port Angeles Division PO Box 728, Port Anegles, WA 98362 (360) 452 -7803 fax (360) 457 -7932 Date March 26, 2014 CONTRACTING PARTY • ' ' Attention: Jeff LOCATION & TYPE OF WORK Elevado Pavement restoration for Entrance Road to City of Bremerton Parks and Recreation Gold Mountain Golf Course 680 Lebo Blvd. Bremerton Wash. 98310 360 -473 -5428 Approximate Unit of Bid Item Quantity Measure Description Unit Price Total Price Prep shoulders of existing asphalt roadway, filling ruts with crushed rock and compact Build 4 spillways to dlspurse water into vegitated areas. Grind approx. 893 sq. yds. Of alllgatored asphalt and leave in place. Grade and compact same areas. Furnish and place 1 1/2" of commercial HMA asphalt with tilt up edges on both sides of road. Asphalt over ground areas will be installed at T-Spillways will be paved Into or part of road section ( 4 ) each 2 -4 spalls will be placed on out fall of spillways to prevent erosion. Place 2' crushed rock shoulders to newly paved road and compact. Lakeside will provide traffic control to allow traffic to golf course during construction Project will take approx. 2 days Lump sum $ 61,040.00 APPROXIMATE TOTAL (Plus sales tax where applicable) $ 61,040.00 Total price to be based on actual quantity or measurement unless Otherwise specified Exclusions: Notes: Lakeside's proposed prices herein assume that Lakeside's work hereunder will be substantially complete on or before: Unless Contracting Party has signed and returned this Agreement within thirty (30) calendar days of the date first stated above, Lakeside's proposal shall be null and void. LI CONT 08 06 27 1 of 4 CONTRACTING PARTY'S SIGNATURE ON ONE COPY RETURNED TO LAKESIDE INDUSTRIES, INC WILL RENDER THIS A LEGAL CONTRACT FOR THE PERFORMANCE OF THE ABOVE WORK CONTRACTING PARTY'S SIGNATURE ALSO ACKNOWLEDGES RECEIPT OF LAKESIDE'S 'NOTICE TO CUSTOMER' STATEMENT ATTACHED HERETO APPROVED BY CONTRACTING PARTY: LAKESIDE INDUSTRIES, INC. WA. CONTRACTOR'S REG. LAKESI *274JD OR. CC 11085422 BY: BY: i�u& 44 TITLE: TITLE: Project Manager SUBJECT TO THE ATTACHED GENERAL PROVISIONS LI CONT 08 06 27 2 of 4 General Provisions hazardous substance, Contractor shall immediately notify Contracting Party 1. DEFINITIONS. As used herein, (i) "Contractor" shall mean Lakeside and shall cease work in whole or in part and any delays (and costs arising therefrom) shall be Contracting Party's responsibility Industries, Inc or any division thereof, (n) "Contracting Party' shall mean the person or entity purchasing materials and /or services as set forth on the front 12. TERMINATION FOR CAUSE. Contractor has the right to terminate this page hereof and pursuant to these General Provisions, and (in) "Agreement" Agreement if Contracting Party fails to comply with any of the other provisions shall mean the contract formed between Contractor and Contracting Party by herein, provided, further, Contractor may terminate this Agreement in the Contracting Party's acceptance of those terms and conditions set forth on the event of the happening of any of the following (a) insolvency of Contracting front page hereof and these General Provisions and /or materials and /or Party or Contractor, (b) any act of bankruptcy by Contracting Party under any services provided to Contracting Party by Contractor provision of the Federal Bankruptcy Act or filing by Contracting Party of a 2. ACCEPTANCE Unless Contracting Party has signed and returned this voluntary petition under any law providing for relief from the claims of creditors, d as bankrupt under the Federal Bankruptcy Act or for the filing of an involuntary petition to have Contracting Party Agreement to Contractor within thirty (30) calendar days of the date first adjudicated stated on the front page hereof, Contractor's proposal shall be null and void reorganization of Contracting Party under that Act or under any law providing Contractor hereby objects to any conflicting, additional and /or different terms for relief from the claims of creditors which is not vacated within thirty (30) contained in any proposal or other writing issued by Contracting Party for days from the date of such filing, (d) the appointment of a receiver or trustee purposes of accepting the proposal set forth herein and the same shall not for Contracting Party or Contractor which is not vacated within thirty (30) days become a part of this Agreement unless agreed upon in writing by Contractor from the date of such appointment, (e) the execution by Contracting Party or and Contracting Party Contractor of an assignment for the benefit of creditors, or (f) any other event 3. COST ESCALATION FOR ASPHALT. Contractor's proposal herein is occurring which under the applicable law would entitle Contractor to cancel based upon local vendor posted prices for liquid asphalt as of the date of and terminate this Agreement Such termination shall not prejudice any Contractor's proposal In the event the actual prices exceed such posted claims that either party may have against the other prices, the Contract Price shall be equitably adjusted by change order to 13 INDEMNITY. To the fullest extent permitted by law, Contractor shall reflect such increase Contractor reserves the right to terminate this indemnify and hold harmless Contracting Party from and against claims, Agreement if an equitable adjustment cannot be agreed upon by Contracting damages, losses and expenses, including but not limited to attorneys' fees, Party and Contractor Payment for any such adjustment shall be made in arising out of or resulting from performance of the work hereunder, provided accordance with the terms and conditions of this Agreement that such claim, damage, loss or expense is attributable to bodily injury, 4. CREDIT VERIFICATION. This Agreement is subject to Contractor's sickness, disease or death, or to injury to or destruction of tangible property, verification of Contracting Party's credit and Contractor's determination that including loss of use resulting therefrom, but only to the extent caused by such credit is adequate or satisfactory to Contractor Contractor reserves the negligent acts or omissions of Contractor, a subcontractor, anyone directly or right to withdraw its proposal should Contractor reasonably determine that indirectly employed by them or anyone for whose acts they may be liable such credit verification is unsatisfactory or inadequate Contracting Party shall indemnify and hold harmless Contractor from and 5. TERMS OF PAYMENT. Unless otherwise provided for herein, payment against claims, damages, losses and expenses, including but not limited to shall be due to Contractor within ten (10) days of the date of any invoice attorneys' fees, to the extent caused by negligent acts or omissions of issued by Contractor to Contracting Parry Interest shall accrue on all overdue Contracting Party, or anyone directly or indirectly employed by it or anyone for invoices at the rate of 1 -1/2% per month (18 00% per annum) or the highest whose acts it may be liable rate allowed by law 14. WARRANTIES Contractor warrants and guarantees all work and /or 6 SCHEDULE. This Agreement is subject to Contractor's review and materials provided under this Agreement shall be of good quality and approval of Contracting Party's schedule Contracting Parry shall coordinate workmanship, free from faults and defects and in conformance with this other contractors' and subcontractors' work to prevent any delay or Agreement Contractor further agrees to make good, at its own expense, any interference with Contractors work defect in materials or workmanship which may appear within one (1) year of Contractors substantial completion of its work hereunder Except as 7 CHANGES. Contracting Party, without invalidating the Agreement, may other order changes in the scope of the work provided for by this Agreement, with wise provided herein, Contractor makes no warranties or representations the cost of the work and the time to complete such work being adjusted of any kind, express or implied (including no warranty of merchantability or accordingly Such changes in the work shall be authorized only by written fitness fora particular purpose) and none shall a implied by law Contracting change order signed by Contracting Party and Contractor Party agrees that oral agreements, statements and representations made by Contractor, its employees or its agents shall not constitute a warranty of any 8. PROPERTY LINES Contracting Parry warrants that Contracting Party kind knows the actual location of all legal property lines and that Contracting Party, 15. TIME LIMITATION ON CLAIMS. Any action arising out of Contracting prior to commencement of work hereunder, shall place stakes clearly Party's purchase of materials or Contractor's provision of services to indicating such property lines Contracting Party, including any action arising under this Agreement, must be 9. PERMITS. Any permits that must be secured prior to commencement of commenced within one (1) year after substantial completion of Contractor's the work hereunder shall be secured and paid for by Contracting Party work hereunder, and no such action may be maintained which is not 10. DELAYS. If Contractor is delayed at any time in the commencement or commenced within such one -year period progress of the work by any act or neglect of Contracting Party, or by any 16 LIMITATION OF LIABILITY. Contractor's sole liability and Contracting employee or agent of Contracting Party, or by any separate contractor Party's sole and exclusive remedy for any and all damages, special, direct, employed by Contracting Party, or by changes ordered in the work by incidental or consequential, sustained by Contracting Party or others arising of Contracting Party, or by labor disputes, fire, abnormal adverse weather Contractor's performance of this Agreement shall be limited to correcting conditions, force majeure, unusual delay in transportation, fuel, material, or defective work In no event shall Contractor be liable to Contracting Party or labor shortages or unavailability, action or inaction of public authorities not any third party for more than the amount of Contractor's proposal, or for any arising out of the fault of Contractor, casualties or any other causes beyond delay damages Contractor's reasonable control, then the Contract Time shall be extended by Under no circumstances shall Contractor be liable for (i) damage to or change order for a period of time reasonably necessary to alleviate the effect breakage of underground pipes and /or conduits and cables not visible from of such events on Contractor Delays beyond Contractor's reasonable control the surface of the ground nor for any damage to approaches (including shall be compensable to Contractor and such equitable adjustment of the sidewalks) from the street to the property line, (n) damage to the completed Contract Price shall be made by change order Contractor reserves the right pavement surface due to the action of petroleum product spillage, (m) to terminate this Agreement if an equitable adjustment cannot be agreed upon subgrade failure or utility ditch failure, or (iv) growth of horsetail weed, by Contracting Party and Contractor Payment for any such adjustment shall morning glory, deep- rooted fems or perennials subsequent to the application be made in accordance with the terms and conditions of this Agreement of soil sterilization (weed killer) that have not reached maturity prior to such 11. HAZARDOUS SUBSTANCES Contracting Party agrees to indemnify, application Any soil sterilization provided for in this Agreement shall be defend and hold harmless Contractor and its employees and subcontractors applied at the rate specified by the manufacturer thereof from liability related to the existence of hazardous substances at the project 17 DISPUTE RESOLUTION /ATTORNEYS' FEES Contracting Party and site, unless such liability results directly from hazardous substances brought Contractor agree that all claims, collections, disputes, or other controversies on to the project site by Contractor or its subcontractors or arises out of the arising under this Agreement or related hereto, shall be settled by and subject negligence or wrongful act of Contractor or its subcontractors If Contractor to litigation, or at the sole choice of the contractor, binding arbitration with a encounters a substance on the project site which Contractor believes is a LI CONT 08 06 27 3 of 4 single arbitrator pursuant to the Construction Industry Arbitration Rules of the full opportunity to consult with legal counsel regarding its meaning and effect, American Arbitration Association ( "AAA ") Any such arbitration shall be and is entering into this Agreement freely and voluntarily, through a commenced by the Contractor delivering a written demand for arbitration to representative who is fully authorized and empowered to sign on its behalf the AAA, and a copy of such demand shall be delivered to the Contracting 21. ENTIRE AGREEMENT Contracting Party and Contractor intend that the Party Contracting Party and Contractor agree that the location of any such proposal and those terms and conditions on the front page hereof and these arbitration proceeding shall be at the Seattle, Washington AAA office Any General Provisions shall constitute the final, complete and exclusive arbitration award by the arbitrator shall be final and binding on the parties and Agreement between the parties This Agreement supersedes all other prior or subject to confirmation and reduction to judgment pursuant to RCW 7 04 In contemporaneous agreements, representations, understandings and the King County Superior Court In any such litigation or arbitration, the promises, oral and /or written, by or between the parties with respect to the prevailing party shall be entitled to its reasonable attorneys' fees and costs subject matter hereof Contracting Party further acknowledges and agrees 18. GOVERNING LAW. This Agreement shall be governed by and construed that in entering into this Agreement, Contracting Party has not and is not in accordance with the laws of the State of Washington relying upon any contemporaneous agreements, representations, 19. SEVERABILITY. In the event that any paragraph, part, term, or condition understandings and promises, oral and /or written, made by Contractor No of this Agreement is construed or held to be void, invalid or unenforceable by course of dealings between the parties shall be relevant or admissible to an arbitrator or court of competent jurisdiction, the remaining paragraphs, explain, supplement or vary the terms of this Agreement No amendment or parts, terms and conditions of this Agreement shall not be affected and shall modification of this Agreement shall be effective or binding upon the parties remain in full force and effect unless made in writing and executed by Contracting Party and Contractor 20. VOLUNTARY CONTRACT. Each of the parties to this Agreement has carefully read and fully understands the terms and conditions hereof, has had State of Washington NOTICE TO CUSTOMERMCW 18.27.114) Lakeside Industries, Inc. is registered with the State of Washington, Registration No. LAKESI *274JD, and has posted with the state a bond or deposit of $12,000 for the purpose of satisfying claims against Lakeside Industries for breach of contract including negligent or improper work in the conduct of Lakeside Industries' business. The expiration date of Lakeside Industries' registration is July 31 st. THIS BOND OR DEPOSIT MIGHT NOT BE SUFFICIENT TO COVER A CLAIM THAT MIGHT ARISE FROM THE WORK DONE UNDER YOUR CONTRACT This bond or deposit is not for your exclusive use because it covers all work performed by Lakeside Industries. The bond or deposit is intended to pay valid claims up to $12,000 that you and other customers, suppliers, subcontractors, or taxing authorities may have. FOR GREATER PROTECTION YOU MAY WITHHOLD A PERCENTAGE OF YOUR CONTRACT You may withhold a contractually defined percentage of your construction contract as retainage for a stated period of time to provide protection to you and help insure that your project will be completed as required by your contract. YOUR PROPERTY MAY BE LIENED If a supplier of materials used in your construction project or an employee or subcontractor of Lakeside Industries, Inc. or its subcontractors is not paid, your property may be liened to force payment and you could pay twice for the same work. FOR ADDITONAL PROTECTION, YOU MAY REQUEST LAKESIDE INDUSTRIES, INC. TO PROVIDE YOU WITH ORIGINAL "LIEN RELEASE" DOCUMENTS FROM EACH SUPPLIER OR SUBCONTRACTOR ON YOUR PROJECT Lakeside Industries, Inc. is required to provide you with further information about lien release documents if you request it. General information is also available from the state Department of Labor and Industries. 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'C'4����r•�'?ti'{N}il i- L'�'irjcj,Jt�j,��ppr � . l a � ! i r � � I ? {r �t< "�� r � � .� i s � � � -.• ♦ x r, P � y ..f�rY�Fi `. tifI 1 77'ti� ,73 ,..'i .'l L ,(!' 4 •r, A r hiP �4 1 �� y ���r 4 ���.y{fa � � j r � 1 ' r r r s�' x,l �'�. t`� I "_=�;. ! 1 P h � i1 ri r y, J in•N yr >. r• , r d e r 151 r��1,�4>k • f E r �ti , � J r r � a� � �� ,,r 77 1 j� .r }�r I�J�.,�5'�� t r Y h 1 �, •A �r %,�J.P9t err }Ir ,[ ��s�pr',rr �C�I�Atft'•`r 'y � �J �i� &�" " ' � � t '�,`,.i��at�fi��r�'��� � ,;�. .x- .r q Gold Mountain Golf Enterprise Fund Summary: The Gold Mountain Golf Complex is a full wide natural grass practice tee /driving range, service facility with two 18 hole champion- a private covered teaching studio, pro shop, ship courses (the Cascade . Course and the and restaurant and banquet facilities to ac- Olympic Course), four practice putting commodate nearly 400 people. greens, two bunker practice areas, a 100 yard (Bold Mountain Golf Course Actual Actual Budget Budget 2011 2012 2013 2014 Revenue Taxes $0 $0 $0 $0 Licenses & permits 0 0 0 0 Intergovernmental 0 0 0 0 Charges for services 1,968,297 1,944,690 3,855,608 3,997,074 Fines & forfeits 0 0 0 0 Other revenue 78,508 88,930 15,000 200 Debt proceeds 0 261,000 0 0 Total revenue 2,04.6,805 2 3,870,608 3,997,274 Expenditures Personnel 0 0 0 0 Supplies, services & taxes 1 1,825,930 3,491,541 3,556,430 Capital expenditures 0 295,459 0 105 -- Debt service 263,101 285,705 261,200 362,383 Transfers 0 0 0 0 Total expenditures 2,043,595 2,407,094 3,752,741 4 Revenue over(under) expenditures 3,210 - 112,474 117,867 - 26,539 Beginning fund balance 371,329 374,539 262,065 235,932 Ending fund balance $374,539 $262,065 $379,932 $209,393 128 Gold .Mountain Golf Complex 2014 dud et � li` hts: '� � � t � ; y - -� - .__,_. .� g ; , t X014,C apital Cons!derav`aons: Tuipmve food an bevei`age departmental profit ; ° ,- Re pace the entry to tfie facility percentag $25flOQ E e y z � � Decrease toYa1 payroll by. $l X2,543 over last = ' *' � r ' t, year's budge# r ; i 5 ® Add a part team member to ' ,r i promote Gold Mountaui as a cotporate' golf z .- location as`weil as a wedding venue u ' ` y - ° f n '�,,' x A $ - t'o v f ' Y r £., ^� �:{ a 7 kc. T :.." '1 .:"✓''. 1 ! s-"M` i w ) ' 2013 Accomplishments: 2014 Goals: o Successfully hosted, the WCC Conference Chain- o Promote Gold Mountain as a premier wedding pionships. Submitted a bid to, host this event venue. again in 2014 andwas awarded the tournament. o Produce $3,997,074 in revenue o. Hosted.another.successful "Club Classic" charity o Earn a 96% or above guest experience score golf event.that -went over the million dollar mark in total donations. © partner with Kitsap Conference Center to pro - • Installed new doors and hardware to our snack mote golf as an off day activity for multi day conferences. building on the driving range. o Increase the number of golf events and weddings • Updated the interior of our, clubhouse with new through greater involvement in community or- paint, a. new TV in the bar area, and new seat ganizations cushions for the chairs on the patio. a Work with surrounding hotels to re- create a golf • Doubled our bookings thru golfnow.com, our online tee time booking agent. stay and play package. o Increase the number of tournament rounds from • Hosted 3 more corporate shotguns than we did in Incre 2012 7,000 to 8,500 • Met budget expectations for the first half of the year • Now using the Uni.focus Meetingscope. for cus- tomer surveys to support our effortt to continu- ously improve the Gold Mountain golfer experi- ence. 129 City -wide Capital Improvement Program Budget Estimated 2014 2015 2016 2017 2018 2019 Governmental Funds General Fund Fire . $ 30,945 $ 646,707 $ 1,100,000 $ 950,000 $ $ General Facilities 22,000 167,000 - 30,000 15,000 - Parks 65,000 - - - - - Streets 525,000 8,760,000 9,030,000 6,880,000 10,430,000 11,070,000 Parking Operating 35,000 15,000 75,000 - - - Police Special Projects 50,000 50,000 50,000 50,000 50,000 50,000 BKAT 46,000 46,000 30,000 20,000 25,000 25,000 1% for Arts - - 10,000 10,000 10,000 10,000 Debt Service Funds' 412,865 370,720 384,655 402,515 404,695 400,640 Park Facilities Construction 632,750 45,000 2,135,000 823,900 305,000 - Pacfic Avenue Construction 1,310,818 - - - - - Lower Wheaton Way 1,569,766 - - - - - Total'Govemmental Funds S 4,700,144 $ 10,100,427 $ 12,814,655 $ 9,166,415 $ 11,239,695 $ 11,555,640 Enterprise Funds Water Capital Utility $ 2,883,000 $ 2,443,000 $ 3,323,000 $ 2,528,000 $ 2,645,000 $ 2,375,000 Go ld'Mou11tainG6lf ( 105,000 -- 95,000 105,000 59,500 115,000 107,500 Wastewater Operations & Maintenance 50,000 - - - - - Wastewater Capital Utility 6,220,000 4,720,000 5,520,000 11,020,000 4,136,000 4,436 Storm Capital Utility 770,000 1,870,000 370,000 470,000 620,000 1,020,000 Total Enterprise Funds $ 10,028,000 $ 9,128,000 $ ' 9,318,000 $ 14,077,500 $ 7,516,000 $ 7,938,500 Intemal.Ser.vice Funds Equipment Rental & Reserve $ 465,000 $ 1,850,100 $ 1,827,654 $ 1,321,780 $ 2,352,008 $ 1,131,898 Information Technology - - 25,000 - 30,000 - Total Internal Service Funds S 465,000 $ 1,850,100 $ 1,852,654 $ 1,321,780 $ 2,382,008 $ 1,131,898 Total All Funds $ 15,193,144 $ 21,078,527 $ 23,985,309 $ 24,565,695 $ 21,137,703 $ 20,626,038 152 City-Wide Capital hnprovement Program Project listing 2014 2015 2016 2017 2018 2019 General Fund Fire Department Thermal Imaging Cameras $ 30,945 $ - $ $ $ $ Breathing Air Compressors - 45,000 Bunker Gear Dryers 11,707 Fire Station Architectural Study 40,000 Controlled Intersection - 200,000 - Electronic Sign for Station #I - - - 50,000 Fire Engine Replacement '550,000 550,000 550,000 Remodel Fire Station #2 - 350,000 - Remodel Fire Station #3 - - - 350,000 $ 30,945 $ 646,707 $ 1,100,000 $ 950,000 $ $ General Facilities Court Elevator Security Cameras $ 1000 $ $ $ $ $ Library Security Camera System - 12,000 Naval Museum Emergency at 11,000 - - Court - Sidewalk/Curb` /Gutter Replacement - 10,000 Mobile Sweeper - 20,000 Equip Services - HVAC Upgrade - 10,000 CencomBuilding - .Replace Leaking Roof 35,000 Fire Station #3, Custom Cabinetry 10,000 - Equip. Services - Enclose Work Bay - 70,000 - Library 5th St. Planter Lighting - 15,000 Library 5th St. WaterFiaures - - 30,000 - $ 22,000 $ 167,000 $ - $ 30,000 $ 15,000 $ Parks Playground Equipment $ 25,000 $ Pendergast Ball Field Upgrades 40,000 $ 65,000 Gold Mountain Golf Concession/RestroomFacility $ 50,000 $ $ $ $ $ Clubhouse Enhancements 30,000 30,000 30,000 20,000 30,000 30,000 Green's Maintenance Equipment 25,000 25,000 25,000 14,500 25,000 ' 30,000 Course Enhancements 30,000 50,000 25,000 25,000 47,500 Kitchen Equipment Upgrades 10,000 - - - Point of Sale System - - - - 35,000 - $ 105,000 $ 95,000 $ 105,000 $ 59,500 $ 115,000 $ 107,500 - ' 153 qA AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Closed Record Public Hearing Study Session Date: April 9 2014 and Ordinance No. 5248 to approve a COUNCIL MEETING Dater April 16, 2014 Rezone of two parcels located at 3rd Avenue Department: DCD West and Sinclair Way/West Sunn Fjord Presenter:. Allison Satter Lane to Low Density Residential Zoning Phone: (360) 473 -5845 SUMMARY: Consistent with the 2013 Comprehensive Plan Amendments, the action before the Council is to grant approval of a rezone of the subject parcels located approximately at 3rd Avenue West and Sinclair Way/West Sunn Fjord Lane (tax parcel id: 282401 -1- 085 -2001 and (2) 282401 -1- 086 -2000) from Industrial Park (IP) to Low Density Residential (R10). ATTACHMENTS: A) Staff Memorandum B) Procedures for Closed Record Hearing C) Ordinance No. 5248 • Exhibit A— Hearing Examiner Findings, Conclusions, and Recommendation ® Exhibit B — Zoning Map Amendment FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: ❑x No Presentation . ❑ Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ❑x Closed Record Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No. 5248 approving a rezone of 3rd Avenue West and Sinclair Way/West Sunn Fjord Lane from "Industrial Park" to "Low Density Residential'. COUNCIL ACTION: El Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 DEPARTMENT OF COMMUNITY DEVELOPMENT MEMORANDUM To: City Council From: Allison Satter, Sr. Planner Date: April 2, 2014 Re:. Wright Creek Rezone — BP 14 00006 This action is to rezone two parcels located near 3rd Avenue West and Sinclair Waymest Sunn Fjord Lane from Industrial Park (IP) to Low Density Residential (R10). This action is required to make the City's Zoning fully consistent with the recently changed Comprehensive Plan land use designation for the subject parcels. The Bremerton Municipal Code (BMC) 20.40.170 requires consistency between the Comprehensive Plan land use designations and the zoning. The current zoning of the site of Industrial Park is not consistent with the Comprehensive Plan land use designation of Low Density Residential and a rezone is required to be fully compliant with the Comprehensive Plan. The 2013 Comprehensive Plan Amendment docket, passed by City Council on November 20, 2013 by Ordinance No. 5223, changed the land use designation for this site and therefore created this inconsistency. This rezone action is to resolve the inconsistency since the adoption of the 2013 Comprehensive Plan Amendment docket. Rezone actions are classed by the BMC as a "Type IV City Council Decision" whereby the City's Hearing Examiner holds the open - record public hearing, creates the official public record for the rezone, and provides a recommendation to the City Council. The Hearing Examiner conducted the public hearing on March 24, 2014 and issued a recommendation of rezone to R10 on April 1, 2014 (see Exhibit A of the proposed ordinance for the Examiner's recommendation, findings and conclusions). Staff recommends that the Council conduct a closed- record public hearing, consider the record and recommendation prepared by the Hearing Examiner, and approve the rezone to R10 for the Parcel Nos.: 282401 -1- 085 -2001 and 282401 -1- 086 -2000. PROCEDURE FOR CLOSED RECORD HEARING ON HEARING EXAMINER'S RECOMMENDATION (Quasi- Judicial) I. STAFF REPORT AND PRESENTATION 1. After the Appearance of Fairness inquiry, Council President asks staff to present Hearing Examiner Recommendation. 2. Pursuant to Council policies (Rule 11), no public comment permitted, otherwise limited to the record. 3. Council may ask questions of staff and applicant (discussion limited to the record). II. COUNCIL CONSIDERATION - (RCW 36.70C.130 LUPA Standards for granting relief ) The Council shall approve and adopt the hearing examiner's recommendation unless it finds that one of the following conditions exists on the record: 1. The hearing examiner engaged in unlawful procedure or failed to follow a. prescribed process, unless the error was harmless, 2. Recommendation is outside the authority of the hearing examiner, 3. Recommendation is based on an erroneous interpretation of law, 4. Recommendation is not supported by substantial evidence, or 5. Recommendation is based on clearly erroneous application of law to facts. II. DECISION The Council shall take any of the following actions: 1. Approve and adopt the hearing examiner's findings and recommendation, 2. Modify and approve the findings and recommendation based upon council findings, 3. Reject and deny the hearing examiner's findings and recommendation on the. proposal as originally submitted based upon council findings, or 4. Continue the closed record hearing and remand to the hearing examiner for clarification on issues of record. a) No public testimony on remand. b) Requires consent of applicant if remand causes decision to be made beyond 120 day review period. Note - public comment on substantive changes does not apply to quasi - judicial, only legislature actions (RCW 36.70A.035) R: \LEGAL \Departments- General \City Council \City Council Procedure re hearing exam recom 2009.doc ORDINANCE NO. 5248 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending the Official Zoning Map for two tax parcels located approximately at 3rd Avenue West and Sinclair Way/West Sunn Fjord Lane (Parcel Nos.: 282401 -1- 085 -2001 and 282401 -1- 086 -2000) from Industrial Park (IP) to Low Density Residential (R10), to establish zoning that is consistent with the 2013 Comprehensive Plan Amendment Docket (Ord. 5223). WHEREAS, the City of Bremerton Municipal Code (BMC) Chapter 20.10 allows applications for annual amendments to the Comprehensive Plan, and consistent with this annual process city staff initiated the Comprehensive Plan land use change for the subject parcels located on 3rd Avenue West and Sinclair Way /West Sunn Fjord Lane; and WHEREAS, on August 21, 2013 a SEPA DNS was issued for the Comprehensive Plan Amendment docket with an administrative appeal deadline of September 18, 2013, and a SEPA addendum was issued on October 4, 2013, and one appeal was filed on September 18, 2013 and was withdrawn on October 4, 2013; and WHEREAS, on September 17, 2013 the Bremerton Planning Commission held a public hearing and continued the hearing to October 15, 2013. On October 15, 2013 the Planning Commission continued the public hearing and made recommendation to City Council for approval of the Comprehensive Plan land use change from Industrial Park (IP) to Low Density Residential (R10) for the two subject parcels of Parcel Nos. 282401 -1- 085 -2001 and 282401 -1- 086 -2000; and WHEREAS, on November 20, 2013 City Council held a Public Hearing, and adopted Ordinance No. 5223 adopting the 2013 Comprehensive Plan Amendment Docket which included the land use change of the subject parcels consisting of 36 acres located on 3rd Avenue West and Sinclair Way /West Sunn Fjord Lane from Industrial Park to Low Density Residential; and WHEREAS, pursuant to Bremerton Municipal Code 20.40.170 City's zoning designations are required to be fully consistent with underlying Comprehensive Plan land use designations; and WHEREAS, the current zoning of the site of Industrial Park (IP) is not consistent with the land use map and the proposed rezone to Low Density Residential (R -10) brings the site into conformance with the Comprehensive Plan land use map and is consistent BMC 20.40.170; and 1 2014 Rezone WHEREAS, the City of Bremerton Municipal Code (BMC) Chapter 20.02 specifies procedures for rezone applications by property owners, and a complete application for the rezone of Parcel Nos. 282401 -1- 085 -2001 and 282401 -1- 086 -2000 and was submitted to the City on January 30, 2014; and WHEREAS, on March 11, 2014 a Notice of Adoption of Existing Environmental Documents was filed with the Washington State Department of Ecology under the provisions of WAC 197 -11 -630 indicating that the environmental record that was created for the 2013, Comprehensive Plan amendment docket was sufficient for this proposed rezone action; and WHEREAS, site specific rezones are a Type N decision requiring the Hearing Examiner to hold an open record hearing and provide a recommendation. to the City Council; and WHEREAS, on February 25, 2014 the public was notified by legal advertisement in the Kitsap Sun of the opportunity to comment and participate in the open record public hearing held by the Hearing Examiner; and WHEREAS, on March 24, 2014 the Hearing Examiner conducted an open record public hearing on the rezone to change the two parcels with Parcel Nos. 282401 -1- 085 -2001 and 282401 -1- 086 -2000 from Industrial Park (IP) to Low Density Residential (R10); and WHEREAS, on April 1, 2014 the Hearing Examiner issued findings, conclusions, and recommendation to rezone the subject property to WC; and WHEREAS, on April 16, 2014 the City Council conducted a closed record public hearing to consider the rezone proposal; NOW THEREFORE THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Recitals Incorporated. The recitals set forth in this ordinance are hereby incorporated as if fully set forth herein. SECTION 2. The findings, conclusions and recommendation of the Hearings Examiner attached hereto as Exhibit A are adopted and incorporated as if set forth fully herein. SECTION 3. The Official Zoning Map is hereby amended to change the zoning of 3rd Avenue West and Sinclair Way/West Sunn Fjord Lane (Parcel Nos. 282401 -1- 085 -2001 and 282401 -1- 086 -2000) from Industrial Park (IP) to Low Density Residential (R10) more particularly depicted in Exhibit B. SECTION 4. Severabiliby If any provision of this ordinance is held invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remainder of this ordinance. Provided however, that if any provision of this ordinance is held invalid or unconstitutional, then the provision in effect prior to the 2 2014 Rezone effective date of this ordinance shall be in full force and effect for that individual provision as if this ordinance had never been adopted.* SECTION S. ff ective 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 , 2014 GREG WHEELER, Council President Approved this day of 1 2014 PATTY LENT, Mayor ATTEST: APPROVED AS TO FORM: . SHANNON CORIN, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the day of 5 2014 EFFECTIVE the day of 9 2014 ORDINANCE NO. R:\Legal\Legal \Ordinances \Community Development\2014 Rezone Ordinance.doc 3 2014 Rezone Exhibit A BEFORE THE HEARING EXAMINER FOR THE CITY OF BREMERTON In the Matter of the Application of ) No. BP14 00006 Elizabeth Wilson, on behalf of ) Fjord Lane Rezone West Hills Development, LLC ) FINDINGS, CONCLUSIONS, For Approval of a Rezone Request ) AND RECOMMENDATION SUMMARY The Hearing Examiner recommends that the request to rezone two parcels located at 3rd Avenue West and Sinclair Way/West Sunn Fjord Lane, from Industrial Park to Low Density Residential, be APPROVED. SUMMARY OF RECORD Hearin; Date The City of Bremerton Hearing Examiner held an open record hearing on the request on March 24, 2014. Testimony The following individuals presented testimony under oath at the open record hearing: Allison Satter, City Senior Planner John Rose, President for Olympic Property Group (OPG), Applicant Representative Exhibits The following exhibits were admitted into the record: 1. Rezone Application, dated January 30, 2014 2. Section of City Zoning Map 3. Determination of Completeness, February 21, 2014 4. Notice of Application and Hearing; with Declaration of Posting, dated February 25, 2014; Declaration of Mailing, dated February 25, 2014, with mailing labels; Affidavit of Publication, dated February 27, 2014, with Kitsap Sun legal notice, published February 25, 2014 5. Adoption of Existing Environmental Document, dated March 11, 2014; Determination of Nonsignificance, dated August 21, 2013; Notice of SEPA Addendum to Determination of Nonsignificance, dated October 4,2013 6. Staff Report & Analysis, dated March 18, 2014 The Hearing Examiner enters the following Findings and Conclusions based upon the testimony and exhibits admitted at the open record hearing: Findings, Conclusions, and Recommendation City of Bremerton Hearing Examiner Fjord Lane Rezone, No. BP 14 00006 Page 1 of 4 Exhibit A FINDINGS 1. Elizabeth Wilson, on behalf of West Hills Development, LLC (Applicant), requests a rezone from Industrial Park (IP) to Low Density Residential (R -10) of two parcels located at 3rd Avenue West and Sinclair Way/West Sunn Fjord Lane.' West Hills Development, LLC is owned by Olympic Property Group. Exhibit 1; Exhibit 6, Staff Report & Analysis. 2. The City of Bremerton (City) determined the application was complete on February 21, 2014. On February 25, 2014, the City gave combined notice of the application and the open record hearing by mailing notice to all owners of real property within 300 feet of the subject property, and by posting the combined notice on the subject property, and by publication in the Kitsap Sun.' Exhibit 4. 3. The City acted as lead agency and analyzed the environmental impact of the proposed rezone request under the State Environmental Policy Act (SEPA). The City previously had conducted environmental review of this area as part of a site specific 2013 Comprehensive Plan amendment. The City reviewed an environmental checklist and other information on file with the lead agency. This environmental review resulted in the issuance of a Determination of Nonsignificance (DNS), dated August 13, 2013. The City determined that the Comprehensive Plan amendment would have no significant impacts on the environment. On October 13, 2013, the City issued a Notice of SEPA Addendum to Determination of Nonsignificance clarifying that the West Hills Development Agreement no longer applies to the subject parcels. On March 11, 2014, the City adopted the DNS and Addendum as the environmental review document and threshold determination for this rezone request.' Exhibit 5; Exhibit 6, Staff Report & Analysis, page 3. 4. Much of the land in the general area that includes the subject property is underdeveloped or undeveloped. Surrounding property use includes industrial areas to the north, east, and west, residential areas to the east and south, and undeveloped areas to the east, south, and west. Surrounding zoning designations include IP to the north; R -10, Urban Medium Residential (UMR) and Industrial (I) to the east; UMR and Urban Reserve (UR) to the south, and R -10 and IP to the west. Exhibit 6, Staff Analysis, pages 2 - 4; Exhibit 2. 5. The subject property was changed from Industrial Park designation to Low Density Residential designation in the 2013 Annual Comprehensive Plan Amendments process, as approved by Bremerton City Council on November 20, 2013. The current zoning ' The subject properly is identified by tax parcel numbers 282401 -1- 085 -2001 and 282401 -1- 086 -2000. A legal description may be found in the staff report. Exhibit 6, Staff Report & Analysis, page 1. 2 Bremerton Municipal Code (BMC) 20.02, 100 and BMC 20.02.110 permit combined notice of application and open record hearing. 3 Adoption of existing environmental documents is authorized under the provisions of WAC 197 -11 -630. Findings, Conclusions, and Recommendation City of Bremerton Hearing Examiner Fjord Lane Rezone, No. BP14 00006 Page 2 of 4 Exhibit A classification of Industrial Park is inconsistent with the Comprehensive Plan. See, RCW Chapter 36.70A; Bremerton Municipal Code (BMC) 20.40.170. The intent of the proposed rezone is to change the zoning of the parcels to a designation consistent with the Comprehensive Plan. Exhibit 6, Staff Analysis, page 3 and 4; Testimony of Allison Satter. 6. Mr. John Rose testified that he supports the rezone and that the company he represents plans to sell the property. Mr. Rose stated that, although the property was saleable as property in an industrial zone, he believes it will be more marketable as property in a residential zone. Testimony of John Rose. CONCLUSIONS Jurisdiction The Hearing Examiner has authority to conduct an open record hearing on a rezone request and to issue a recommendation on the request to the Bremerton City Council. Bremerton Municipal Code (BMC) 2.13.070; BMC 2.13.080(3); BMC Chapter 20.02, Table 040. Criteria for Review The Hearing Examiner holds the open record hearing on the rezone request and provides a recommendation to the City Council. Chapter 20.02 BMC, Table 040; BMC 20.58.040(b). The City may grant a site - specific rezone only if it finds that: (1) The rezone is consistent with the Comprehensive Plan; (2) The rezone will advance the public health, safety, or welfare, and will not have adverse impacts on adjacent properties; (3) The rezone is necessary because either: (i) Conditions in the immediate vicinity or neighborhood have so markedly changed that it is in the public interest to approve the rezone; or (ii) The rezone will correct a zone classification or zone boundary that was inappropriate when established; and (4) The rezone is in the public interest. BMC 20.58.040(d). Conclusions Based on Findinas 1. The proposed rezone would be consistent with the City Comprehensive Plan. The City Council amended the land use designation from Industrial Park to Low Density Residential as part of the 2013 Annual Comprehensive Plan Amendments process. The Applicant's request to change the zoning from IP (Industrial Park) to R -10 (Low Density Residential) would be consistent with the City Comprehensive Plan, as amended by the City Council in 2013. Findings I and 5. 2. The proposed rezone would advance the public health, safety, or welfare, and would not have adverse impacts on adjacent properties. The City provided adequate public notice and opportunity for comment on the rezone request. The City previously analyzed Findings, Conclusions, and Recommendation City of Bremerton Hearing Examiner Fjord Lane Rezone, No. BP14 00006 Page 3 of 4 Exhibit A the environmental impact of amending the property's land use designation and issued a DNS as part of the Comprehensive Plan amendment process. The City determined that the proposed rezone would not have a probable significant adverse impact on the environment. The proposed rezone from IP to R -10 is appropriate for these parcels and would benefit adjacent properties by providing a transition for the existing multifamily residential area to the east and the underdeveloped residentially zoned property to the west. The rezone would facilitate development in the area. Findings 3 - 6. 3. The proposed rezone is necessary because the rezone will correct a zone classification that is inconsistent with the Comprehensive Plan. Proof of changed conditions is not required for a rezone if the proposed rezone implements policies contained in the comprehensive plan. Bjarnson v. Kitsap County, 78 Wn. App. 840 (Div. 1,1995); Henderson v. Kittitas County, 124 Wn. App. 747 (Div. III, 2004). The City Council determined that a change in the Comprehensive Plan designation from IP to R -10 was appropriate. Approval of this rezone request will implement the Comprehensive Plan with appropriate development regulations as required by the Growth Management Act. Findings 1- S. 4. The proposed rezone is in the public interest. The proposed zoning amendment from IP to R -10 is in the public interest to bring the zoning district into compliance with the Comprehensive Plan designation. Findings I - 6. RECOMMENDATION Based on the findings and conclusions above, the Hearing Examiner recommends that the request to rezone two parcels located at 3rd Avenue West and Sinclair Way/West Sunn Fjord Lane, in Bremerton, Washington, from IP (Industrial Park) to R -10 (Low Density Residential), be APPROVED. Recommended this J. day of April 2014. THEODORE PAUL HUNTER Hearing Examiner Sound Law Center Findings, Conclusions, and Recommendation City of Bremerton Hearing Examiner Fjord Lane Rezone, No. BP14 00006 Page 4 of 4 ' ??��,, � b � � ,� � (- ` y Y � % i x I s v « .P�. `�' �■ � �� 1, iCi {�R+ 4h ✓ _:11�'l�fY l�': s' �, �l y {LSD <� � �: ■■ � ■-�� � 1 Fp4Nr4'i�i "�; K">•j'�r ar �✓ hSWi �. v''tr -r �f v f ,�€ �yl �*� 0.� � �.., .$� .Fn �4 ��>t � r��` �i.a� +� ask � � �■ Y P� 0 0 0 O �B 7� � Vie? "$�•rt� O 'f �A , Sm l y� 'tea f k �1 ;• d f� ■■ i~ -i r � i ■ � � it �• AGENDA BILL 10A CITY OF BREMERTON CITY COUNCIL .......................................................... ............................... SUBJECT: Public Hearing on Resolution Study Session Date: April 9, 2014 No. 3217 relating to the City.and Ueland COUNCIL MEETING Date: April 16, 2014 Tree Farm Land Exchange and granting of Department: Public Works & Utilities easements Presenter: Bill McKinney Phone: 360.473.5354 SUMMARY: Bremerton Public Works and Ueland,Tree Farm are proposing the exchange of similarly valued forestland properties situated north and west of Alexander Lake respectively. The Ueland property had been identified by staff as early as 1992, as being valuable for the City's forest and land management program. A recent appraisal values both properties at $160,000 each. Additionally, the parties would reciprocally grant forest management access (non - public) easements to the subject properties. It is recommended that Council approve the surplus of the City utility property and approve the proposed property exchange and grant of easements. ATTACHMENTS: 1) Appraisal Report dated 2/24/2014 , 2) Land Exchange Concept Proposal Map 3) Resolution No. 3217 with Exhibits A, B, & C 4) Powerpoint Presentation FISCAL IMPACTS (Include Budgeted Amount): It is anticipated that there will be little or no financial impact as the property and associated easement values will be equal. STUDY SESSION AGENDA: ❑ No Presentation ❑x Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ❑x Public Hearing RECOMMENDED MOTION: Move to adopt Resolution No. 3217 declaring City utility property located in Section 19, Township 24 North, Range 1 East, surplus to the needs of the City, and authorize the Mayor to finalize and execute deeds and other documents necessary to affect the exchange of the City's property described in Exhibit A and for Ueland Tree Farm property described in Exhibit B along with the reciprocal grant of easements. COUNCIL ACTION: .❑ Approve ❑ Deny ❑ Table ❑ Continue []'No Action Form Updated 01/25/13 RESOLUTION NO. 3217 A RESOLUTION of the City Council of the City of Bremerton, Washington declaring certain public utility property surplus to the City's needs in accordance with the provisions of BMC 2.78.040 and RCW 35.94.040 and authorizing a property exchange with Ueland Tree Farm. WHEREAS, the City owns public utility property consisting of 35.5 acres of forest land described in Exhibit A, attached hereto and incorporated herein by reference ( "City property "); and WHEREAS, the City Council has determined that the City property is surplus to the City's needs and is not required for providing continued public utility service; and WHEREAS, Ueland Tree Farm owns property consisting of 39.4 acres of forest land described in Exhibit B, attached hereto and incorporated herein by reference ( "Ueland Tree Farm property "); and WHEREAS, the Ueland Tree Farm property has long been identified by the City as property that would'be beneficial to the City's forest and land management program; and WHEREAS, the Ueland Tree Farm property better suits the needs of the City for forest and land management as well as enhanced access protection of the Union River water supply area; and WHEREAS, the fair market value for the City's property is $160,000 and the fair market value for the Ueland Tree Farm property is $160,000; and WHEREAS, pursuant to BMC 2.78.040 and RCW 35.94.040, a public hearing was held on April 16, 2014 relating to the proposed surplusing of the property; WHEREAS, it is in the best interest of the City to exchange property with Ueland Tree Farm in order to enhance and facilitate present and current City's forest and land management program; WHEREAS, along with the exchange of properties, it is mutually beneficial and necessary for the City and Ueland Tree Farm to include reciprocal granting of forest management access (non - public) easements to the subject properties as shown in Exhibit C ( "easements "), attached hereto and incorporated herein by reference; NOW THEREFORE, 1 Surplus and Exchange of Public Utility Property THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Recitals set forth in this resolution are hereby incorporated as if fully set forth herein. SECTION 2. The City public utility property described in Exhibit A is hereby declared surplus to the City's needs and is not required for providing continued public utility service. SECTION 3. The exchange of City property described in Exhibit A for the Ueland Tree Farm property described in Exhibit B, without the payment of any additional consideration by either party, is hereby approved. SECTION 4. The reciprocal granting of easements as described in Exhibit C, without the payment of any additional consideration by either party, is hereby approved. SECTION S. The Mayor is authorized to execute deeds and other documents necessary to affect the exchange of the City's property described in Exhibit A for the Ueland Tree Farm property described in Exhibit B and for the reciprocal granting of easements described in Exhibit C. SECTION 6. Severabilioy. If any one or more sections, subsections, or. sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 7. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. , PASSED by the City Council of the City of Bremerton, Washington this 16th day of April, 2014. GREG WHEELER, Council President APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney SHANNON CORIN, City Clerk R: \Legal \Legal \Resolutions\Public Works \Ueland Tree Farm Exchange.docx 2 Surplus and Exchange of Public Utility Property APPRAISAL REPORT ORTW.O SEPARATE PROPERTIES IN KITSAP COUNTY PROPOSED FOR A TRADE BETWE&IIHE CITY OF BREAIIERTON" AND U,ELAND TREE FARM. FILE 14 -UBT PREPARED FOR CRAIG UELAND C/O BREMERTONIWEST RIDGE LLC 6323 PIONEERRNAY EAST PUYALLUP, WA 98371 CHAL;MARTIN, DIRECTOR CITY OF BREMERTON PUBLIC`WORKS DEPT. 100 OYSTER BAY AVE 1 BREMERTON, WA 98312 AS OF FEBRUARY 24, 2014 PREPARED BY JEFFREY A. SHERWOOD PRINCIPAL SHERWOOD APPRAISALS 204 WEST`MAIN STREET SUITE C MONROE,,WA 98272 360 863'-1414 Mr. Ueland & Mc Martin 2- March 13, 2014 Bremerton West Ridge LLC File 14 -UBT These value conclusions, do not include the value, if any, of personal property. The Fee Simple Estate is appraised because there exists no arm's length leases encumbering the properties. The .following map shows the physical relationship between the properties proposed for trade. I appreciate the opportunity to complete this assignment. If you should require any further assistance or information, please feel free to call. Respectfully submitted, SHERWOOD APPRAISALS Jeffrey A. Sherwood, Principal Sher wood. Real Estate Valuation & Consultation 204 West Main St, Suite C o Monroe, WA 98272 Phone (360)863 -1414 . Fax (360)863 -1114 March 13, 2014 File 14 -UBT Craig Ueland C/O Bremerton West Ridge LLC 6323 Pioneer Way East Puyallup, WA 98371 Chal Martin, Director City of Bremerton Dept. of Public Works & Utilities. 100 Oyster Bay Ave N Bremerton, WA 98312 Re: Appraisal Report on two separate properties in Kitsap County proposed for a trade between the City of'Bremerton and Ueland Tree Farm. Dear Mr. Ueland & Mr. Martin: In response to your authorization, I have now arrived at "As Is" Market Value estimates for each of the properties proposed for a trade between Ueland Tree Farm and the City of Bremerton. Based on my research and analysis, I conclude the Market Values of the subject properties as of February 24, 2014 are as follows: Market Value of the Ueland Tree Farm Properties - Kitsap County Tax Parcels 252401 -1- 003 -1005 & 252401 -1- 004 -1004 as ofFebruary 24, 2014 .............::.................:....... ............................... $160,000 Market Value of the City of Bremerton Property- Kitsap County Tax Parcel 192401 -4- 0042004 as ofFebruary 24, 2014 ........................................ ............................... $160,000 The above conclusions are subject to the attached Certification and Assumptions and Limiting Conditions, Item 9 of which contains the definition of Market Value used herein. It also assumes that the properties are not subject to any hazardous substance encumbrances. CONTENTS Title Page r Letter of Transmittal Summary of Salient Facts and Conclusions Subject Property Photographs t Certification Assumptions and Limiting Conditions Qualifications of Appraiser GENERAL Ueland -Tree Farm Appraisal Authorization: ':..:............ ...................... ............................... 1 Legal Description:.. . :..................... ........................ 1 Ostensible Owners .............................................. ............................... 1 Property Location /Address .................................. ............................... 1 Purpose and Function of Appraisal ...................... ............................... 2 Description of Appraisal Problem /Scope ............. ............................... 2 Appraisers Experience ........................................ ............................... 2 Property Rights Appraised ................................... ............................... 3 Assumptions and Limiting Conditions ................. ............................... 3 Date of Inspection ............................................... ............................... 3 Effective Date of Valuation ................................... ............................... 3 SaleHistory ......................................................... ............................... 3 SiteDescription ................................................... ............................... 3 Assessed'Value and Real Estate Taxes .............. ............................... 5 Improvements...................................................... ............................... 6 Zoning................................................................. ............................... 6 Highestand Best Use .......................................... ............................... 7 City of Bremerton Appraisal Authorization ........................................ ............................... 9 LegalDescription ................................................. ............................... 9 Ostensible Owners .............................................. ............................... 9 Property Location/ Address .................................. ............................... 9 Purpose and Function of Appraisal .................... ............................... 10 Description of Appraisal Problem/ Scope ........... ............................... 10 Appraisers Experience ...................................... ............................... 10 Property Rights Appraised .................................... .............................11 Assumptions and Limiting Conditions ................ ............................... 11 Date of Inspection .............................................. ............................... 11 Effective Date of Valuation .................................... .............................11 SaleHistory ....................................................... ............................... 12 SiteDescription ................................................. ............................... 12 Assessed Value and Real Estate Taxes ............ ............................... 15 Improvements.................................................... ............................... 15 Zoning................................................................ ............................... 15 Highest and Best Use ........................................ ............................... 16 t! "T -r,: ' CONTENTS Cont.. PROPERTY VALUATION f , Sales Comparison Approach ........... : ....... :........ ................. 17 FINALCONCLUSION ........................... ........ .............................25 P� ADDENDA Exhibit 1 Land Segregation Letter t Exhibit 2 Quit Claim Deed Exhibit 3 Kitsap County Assessor Property Data:= Upland Tree Farm Exhibit 4 Zoning Information — Ueland Tree.Farm, ,; Exhibit 5 Kitsap •County Assessor Property,.Data — City of Bremerton Exhibit 6 Zoning Information - City of Bremerton Y, t e t t • =} 1 SUMMARY OF SALIENT FACTS AND CONCLUSIONS PROPERTIES APPRAISED Two abutting foiested rural acreage tracts of 19± acres each surrounded on the west; south ..and l east by the City of Bremerton,,watershed ownership. These properties;; are. variously encumbered with.metland- and steep slope Critical 'Areas. ,. OSTENSIBLE OWNERS Ueland Tree Farm, LLC. PROPERTY RIGHTS APPRAISED Fee Simple Estate, subject to any easements 'and encumbrances of ? record, as well as the four powers of government- police power, taxation, eminent domain and escheat. LEGAL DESCRIPTION A legal description for each parcel is included on the last page of Exhibit 1, which is part of a May 23, 1996 "Owner's Request and Acknowledgement for 20 Acre Land Subdivision" submitted by the previous owner, Port Blakely Tree Farms. The north property is also known as Kitsap County Assessor Tax Parcel 252401-1 - 003 -1005, and the south property is also known as Kitsap County Assessor Tax Parcel 252401 -1- 004 -1004. LAND AREA Tax Parcel 252401 -1- 003 - 1005 - ±19.68 acres and Tax. Parcel 252401-1 -004- 1004 - ±19.69 acres for a rounded total area of 39.4 acres per Assessor information. CURRENT ZONING Forest Resource Lands - Unincorporated Kitsap County -with an ostensible requirement of a minimum of one unit per 40 acres. NET OPERATING INCOME Not applicable HIGHEST AND BEST USE AS VACANT Hold for eventual timber harvest. EFFECTIVE DATE OF VALUATION February 24, 2014. SUMMARY OF SALIENT FACTS AND CONCLUSIONS Cont... r MARKET VALUE-OF THE UEL`AND TREE FARM PROPERTIES - KITSAP'COUNTY{TAX PARCELS - .252401 r1- 003 - 1005'8 r' 252401 -1t004- 1004 AS OF FEBRUARY 24, 2014 $160,000 i , Y � • r r • 9 1145a m L ei • VjLt Y; •� y � ,r �C%�t r ti �.� �• •r 'f� yL " - ?..; y .1y- � � ... - , 'Y � f •5 � > * ��a�� ; •'�"? � �+J,r� B '� � � r ` ` nn � r A -3+sDr r � J , l i " t�Y Y�� `K ��� •y _ � � ��; ..• 4t , / ry e { u .y �," 7 , ' - .`•r iyt.' fir, ���.,p , �. � :•, , r �1�C' 2s �� "• 3 -. .mot r �•. � atL? � L u � �t�� F'ia r r qb ' Q• ,.. it- .��� +�ba er Y 1 r; Yl . t+. . t%�'.., aa�l.!. ' � � r ?r.. `..'i.�°:2Xf'.,.. - i•:�°.J �C�•%yw °- - -5�.. >•7 , � tint �J 0. � L'+f •(4t �rY�r, �1'ir� - ,� a 9 1 T. y• r PHOT LO OKING EASTERLY 3 t ._ } r :' �y yr' t. � `��,� rx� r. ✓ xL. r " {-.� '� to f•t.� )If'�.� _ _ t ! 1 + .• { F T 1 � t.'�„ q'-} /� �'lt� ��� t .` �1� S' .l ^4.�^Y`T t ,,C,_ + ti - ��h,c '•cs� ,y��" _ f�= s"t['�s+1r4'.. � ;,�` `t.�..:ti.7'��• - Jammu. � •+ t ,'�S` �.-�, AT P OND SHOWING TYPIC .. ON P ERI P HERY FILE i SHERW APPRA ISALS SU BJECT UELAND TREE FARM • • LOOKING WESTERLYAT RECENTLY HARVESTED AREA OF CITY OF, BREMERTON PROPERTY TO WEST FILE 14-UBT ��..t� gyp{ ^ice + •+r,.iL,� 1 - • ���" !G�' l.,t a;�L'F�_ � �r•� ' T� fi i.�ii s t. �, pi,•'�iC '� M�' =u � '� � 4 .d.�� „ ?.•, � ?,tt 3a r'7" ' �� R i�.r ,l t� t a . y e •H _ I el• i'�) i �, i '� '�'1 , i'. *(' ,• a .fib r• �4 1 � r '11fF atY =? q�.. '•',. t. `" 1� , + /' %•�;�� � �2 4.T C; ,.:t s �.: S �� `.. � `��� 1 ` �� i� ✓t , 1 .' I r £ `t � :� ,�. y yi "�` l ,e � _. � � ?=, p. .,-s 1 � 1 ;� f e , 'r� _ . . r- �S ?, '� �C 7+. +!• � , :.��sr r c�; r� r `�ti '�'•,�1 t ' � � � �'+��? � ., , � � ��� '� �r -, 1 � t .2 e ..� .1 .. t� Iryl ., ` r •1 I. _ :I .� . ° +.. t(...�! i� 1 b4 \lat.. r V t.ai. t. +' ,1.. ' SHERW A gam. y y'r N 7ih t v1 t a txr t tly i '� = f • 'Y, c r1Yr�',C a 1 r �( f ]� r `:� „• • 'Orr n ; {11 }� 1i r �'�,� ^,,. �€•�� f �ifl t i �. � �'t w,t�Ft�� �!� •, �r rs �� -'�� } i q r Etiis cct"7 y i8 -F.l� `.� � I I I- Ir• I r rI r y r y 'r' ; # se t:sA%Y `� f' ` \' • , ` f , \�°� ,.I .. n�: r `s �9 t 1.: �, w3 ,�r � 1 I l r •', I r r / r ■ UELAND TREE FARM SUBJECT PHOTOGRAPHS 1 � r r r '• � ff . 1 r- WETAREA WITH BRAIDED STREAM SHOWING DOMINATION OF RED ALDER FILE 14 -UBT SHERWOOD APPRAISALS `�✓i ! i r ti -� +, L• Li +: °, lc IVY3c�� Yr ol a,•r YY.?r Lr .1 �,�e*•�; i�7 `f ' _w ..- ��^ •�a'r 6• �l t �"`+ -�.'c; � l•�. 1 L' � , f�� c��jO' " �].. �.�i, •� . 's �.,. h' ''mss^' � a t - "'S+•°`�Q� < �� r r1` wF r• '?��':i ��✓t•w+ -SrVI d f Y �.SCL� F Q�al; +'�.. f l t A� '�,j •�'} �- � ''��' ;'�, ��, ' ( Ai d , s'r 'r' \�' �•`• S j ✓ • r �: y , - " L �� rp ,. "�'ri'� j� �•�, _Ca'}:l �. j �j �7R7ryrl� '� _.- 3 �fL � � ` i� —�ry�' yr, '• 4 A Sol 1 1 °•�, i A }`- Y �� }t�'f } ri - Fr P vi ` �- �•S .:+3- �.a.. v'31T1,33�''��t'� �yl�p[}�Y '���y4,� i�� f ��� -'p'JL $ / •h J I + 1 l �. •0 p • ■ ■/ , f L -4 ` 1��'i'i -� } A ✓ �'. a •[ r� , ��y f� � r �"�•• r � 1 .. � $ �i � � • y ^�•'� '."' .t...•;" r `� !YC '� �! - ' af y ' • 'rti� � .r ��� 1� „�M1 •�' — t . n rte r� ,..L`.. sf_u� t r _. r h �' ', a ''° � '9.4 , : r .`3 G i r`cv' F '}` .' ,► P ` .rs e � ,�s�+Y $ . �..c�'i.��� •_ — . � h. '? ' f p 1 rcL�• ..., �•. � -' • • 1 y." Y, $�i rl �� "1 '� f 1�,t,;1,1��ct�� 4 r �+•ilYrG"pt -5� a ' a t, �� ":�• r � � �}„ � i'r�.� y' ` � t`w - j ` i � ` 5,��" t nr, CITY OF BREMERTON SUBJECT PHOTOGRAPHS. 45. ..• , I, ��\ \ _(.'Ry�o ^^��:, .�. 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" � 6 F� •c r l '•.. i�ld,�•� It it 'w J h. 3 - , _ �,n�f�' �' ;�(•� \. ` } fp. �� g�•" tit t l F fr f \ � �j. � r .. ' �. t �� s= '� ' `%.do-• _i'°� t••,� t � ; "' 0 y�'� ti�• �r�' �' L - � ,� � ti � !�; . . -=:2!• C _V , c JA S .t } T j �`� �� � T t•{ r\ • � _ --'_`- --, - ,_ - 'II �� (.. �• � t - � A - � rtes / f :12_x ( �.` �r,,N �`[ * C•�, � � ��G� �`�y �i!cr�R �:�•.�y, �.,._ ✓-' �^.i • /�s�l;'_ i . ,.� �'�GJ Y �:.a.. !.�"� � ' , . i YI tf . I • tY � S F ° 13 ' i • ' .. `:, ... � � � � ,, � , � � �-„� - ..Q•_ q �l• , A" �wr" �.`.D. r{�yp,'I�$7IDt�t��r' 4r` � ri t .{ .l: � .'.1 ' .r.. � w q� A . � �- .'J"x�, s..�� -� - - V u' .. � st' \ ^" Q6 ..j. _ '�?� v -.t ��K , � • -,� I ; i �� : ,. � t ,,,: • 't. p,7 y�• t �''� � �Q•@gr �.•. e� _ __ i �,, y .. . — a -'^' -. -If * ti ��• ,'. .. -. - � � �' '- ��r�;{ j i a k•; � r_• �� ,`� (���a „'��4�Z€;Yr`.F= � i!r, . t��:aY � = -¢ '- 'r _t!a '�” .e -: `�'8 i .. .Gil' � r t 9 S-Wr r. y r 1, T 'a'CERTIFICATION r tt t'- R" I certify that toE the t� "est``of my kn belief except as otherwise noted in thislappraisahreportiand /or.!letter;of transmitt al, �, 1. The, statements ofifact,contained in this report are true and correct. 2. The�reported =analyses,vopinions and conclusions are limited only by the° µ eported;'assu�mptions and ' , uniting conditions and are my personal' iriipartial and unbiased professional analyses, opinions andtconclusions R , 3. I hav a no present or? interest in the property that is the subject(�of ( this : rep v ort o andmoi.personal interest with respect to the partieVinvolved,randZlit Have ,not }pertofined services regarding the subtectFproperty i whm s the 3 �yea� period immediately preceding acceptance - of , the assignment as' antappraiser. 4. 1 have no with respect to the�prope,�- that is the subject of this report., to the parties(involved withthis'assignment. �� , a� Jag � "� .s,6 i"a me 5. My engagement in this'assignmenY ,was not contingent upon ' dev or ceporting results. 6. My compensationtforcompletng� 'this assignment -is not contingent ,( upon the idevelopr 'tiht;�ort� ortm of a redetermined value or directionNin�v that favors the causerof the client, the amount of the value op nion the�attainmenti of� a result, or the ? occurrence of -a ubsequent evefiV directly::related ato the intended use appraisal - 7 �_= My analyses�opm ons and conclusions were developed, and this :' repot`lhas been Apr epared, = in s,conformity with the Uniform ' Standards'of�Profess�o�al Appra_ asal�Practice. ' 4 ` 8. 1 haveRmade aR'pe_rsonahinspection of the property. that is the subject 1. .', h of this report X $MU ` L � i1 r.*:'4 9. No one provided;signcant real propey appraisal assistance to the person signing this certification i t 1 t FtB ' P r 1 Jeffrey,A Sherwood, Principal "L State of Washington Certified Real Estate Appraiser - General- 1100895 r y ' FILE 14 -UBT S4RWOOD APPRAISALS .A: ... ,.. . , I.. ASSUMPTIONS AND L111111TINO CONDITIONS Except where expressly stated -to. the contrary in the appraisal report, the ' -A following Assumptions -and Limiting ,Conditions are governing upon this appraisal. dimensions,and areas and legal descriptions are assumed to be correct ,as ,found rthrough available records or on- the- ground „ inspection. f a survey is provided, it is assumed to be correct unless i , otherwise stated in the appraisal. 2. No responsibility is assumed in,,matters oof- , legal character affecting the appraised,, property : such:, as title; , defects;: overlapping property lines;;liens- encroachments; etc. '4 Iliq For of this valuation, the valuation is `assumed to be free of ., .any-encumbrances and has been - appraised although free and clear .except as,Aected.,byjhe definition of-Wirket Value under Item 9 below and:,otherwise;statediinahe report..: , 4.. All information found in,.datarfumishedis deemed to be reliable. If i gr , _ .P .... arany errors are found; the dghf'is reserveflo modify the conclusions reached. 5. ,,, Where,,Jhe_ ,,value . of; , the , land, and +theb improvements is shown separately, the value of each is segregated as only an aid to better estimatethe value,ofahe,whole; -and the value'shown+for either may, i or may not;. be:its °Value. - P=<< ; While various , "approaches to :value "' andi9various mathematical calculations have been in�estimatirig"'value-these are but aids to M f „ the formulation of ,,the opinion of value (expressed in this report. In " these calculations certain arithmetical: figures are rounded off to the nearest significant amount. 7. The data,and conclusions embodied'in this:appr'aisal are a part of the ' whole valuation. No part of this appraisal is to be used out of context, and, E by itseff. alone. no.part.of,this appraisal igm' bcessarily correct, as being only, part =evidence ,upon, which: the }final judgment as to value -is based,: I 8. Employment to make thisappraisal does not'require the appraiser(s) to attend pretrial conferences public hearings-or testimony in court with, "regard to the ,_subject . iproperty unless. mutually satisfactory arrangements are made in advance. 9. Market Value means: ,(i),: The most',probable price which a'property should bring in a I ,., competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently knowledgeably and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the FILE 14 -UBT -SHERWOORAPPRAISALS passing of title from seller to buyer under conditions whereby: a. buyer and seller are typically motivated; b. both parties are well informed or well advised, and each acting t: .in:w►hat he`considers.his own best interest; c, reasonable time is allowed.fo'r exposure`'ih the open market; d. payment is made in terms of cash or in4U.S: dollars or in terms of financial arrangements comparable thereto and e: the price represents the norMal'�consideration °for the property F , . sold .unaffected `special `or creative financing or sales concessions grante6 by anyone 'associated with the sale. (ii) Adjustments to the comparables must be made for special or creative financing., or • sales , concessions:. ''No adjustments are necessary4or those - costs normally -paid by sellers as a result of tradition or law.'in wmarket area `these`costs are readily identifiable since the seller pays these costs in virtually all sales transactions. ,,. : Special -' -,or creative financing - adjustments. ^can be made to the ;:.: comparisons to financing terms offered by a T. ,.:, third:party institution lender that- isfriot aiready'involved in the property or transaction,Any adjustment' should not` be calculated on a mechanical dollar for dollar cost of the financing or concession, but thetdollar,'amount-of, any adjustmerit +slioultl approximate the market's ,reaction. to `the'. or concessions =based on the appraiser's judgment. (USPAP) _ z 1A: .Responsible ownership and comp_etentamanagement are assumed. Where the discounted cash flow analysis, is utilized,: it has been prepared on the basis of -thee information and assumptions stipulated in this appraisal report. The achievement of any financial projections F= Will be, affected by fluctuating economi'ctondifions and is dependent :,1.. upon the:' occurrence of other future events that cannot be assured. :Therefore;' the $actual " results'` acfiieved ' : may well vary from the projections and =such variation may, be i akeriail." 12. Disclosure of the contents of this appraisal_ report is governed by the - :.Bv.7laws and Regulations of t66Appraisal Institute. 13. .Neither- nor anyiPpart of the of'this report (especially any conclusions as towalue, the identity of the `a'pp'raiser or the firm with I which he is connected, or any reference to the Appraisal Institute or to the MAI or SRA designations) will be disseminated to the public through advertising' media, public relations' media, news media, sales media +or any other public means o comm without the prior ! .,. > written consent and approval of the.*appraise' ! 14. -, I Extensive experience indicates that the relationship of assessed r value to Market Value may' not' be ` -' a z dependable source of { ` information: , The assessed- valuation,` as shown in this report, is, therefore, `not. considered an' indication of value for• the property to this appraisal. i FILE 14 -UBT - SHERWOODAPPRAISALS" � } i 15. It is assumed that the hypothetical buyer is aware that this valuation conclusion does not serve as a warranty on the condition of the property, and is also aware that it is his responsibility (the buyer) to examine the property carefully, and to take all necessary precautions before signing, a ,contract lease; , etc.; and that he is also aware that the estimate for if-any` is a non- warranted opinion of the appraiser, unless otherwise stated. 16. The value conclusion in this :report is based .entirely,, on information available through the date of valuation with the appraiser assuming, no responsibility, with .. respect to information subsequent to the valuation date which might have, a 'bearing on r the conclusion(s) reached in this report. 17. While it is our opinion that this appraisal` report follows generally ! accepted and established appraisal practices, ; there may be differences of opinion and'interpretation of the requirements as adopted by a given institution or by third parties that may use this report. For. this reason', modification and. additional work may be requested. If additional research, analysis and /or report preparation are, undertaken for this or, any reason at a � later date (upon client request or third party request with client approval), such shall be done at added fee for time and cost. 18. The appraiser(s) assume no responsibility or liability for the discovery of the existence, if any,,_of,hazardous waste pollutants under (soil an&dr sub'-soils) or above (building improvements, fixtures, air space, etc.) the subject property.. Disc_ overy of the presence or lack of hazardous 4 waste or 'pollutants on the subject ,'and /or adjoining properties is considered to be beyond ' - the expertise of the appraiser(s). Any conclusions in this, regard ,�by environmental t engineers and /or other qualified exerts, if used in this report, are assumed to be reliable. I The term "hazardous waste or pollutants," as used herein, refers to any substance .defined as toxic, hazard'o'us, etc., by any governmental agency which has legal authority or control over the w subject property (i.e., local, state or federal'' statutes, ordinances, zoning regulations, etc.). - 19. This appraisal and all value conclusion(s) reached, in this report assume there are no hidden, unapparent, or - apparent hazardous i waste or pollutants (as defined in Item 18 above) under, on or above the subject property. { The signing this report have rid' knowledge of presence or absence of toxic materials, hazardous waste, pollutants on the site, or urea - formaldehyde foam insulation and /or" asbestos on or in the existing improvements. 1 If such is present, the value conclusions reached may be adversely affected; and a re- appraisal at additional time and cost, would be i necessary to estimate the effects of such. FILE 14 -UBT ' SHERWOOD APPRAISALS , l QUALIFICATIONS OF JEFFREY A. SHERWOOD ; ;:EDUCATION: B.; S, .,•'Natural�Resourceg,,Studies, 1973, ,,University ofWassachusetts•- Amherst M. S., Plant and Soil Science, 1975, University'of Massachusetts - Amherst work in Soil Physics, 1975 =1976; ' -;w ,, -,. . E : E -.,.,. Nort h Dakota "State University` EXPERIENCE Principal, Shervuood�Appraisals, 1 to present, Appraiser - WiAiam R:, Coffin - &Associates, April X1986 to present o zStaff Review Appraiser Puget Sound Bank, June to February 1993 Fee Appraiser- HoeferAssociates, Inc.,Octo6er198Sto February 1984; July 1985 to March 1986 Northwest Septic Soil'$cientW, February 1984'to Jul y, 1985 Washington d Department of Natural Resources. Soil Scientist/Project Leader, April' 1979 to July 1982 - - Assisted in appmisal of some 500,000,acrei of forest land for State Forest Land Grading Program ;. AFFILIATIONS , Associate; : M emben of.. the Appraisal Institute fr - CERTIFICATION/LICENSE, State of Washington Certified General Real Estate Appraiser - 1100895 •CLIENTELE — Associated %wth economic or'reaf estate;valuation'for, but not limited to, the foiiowing:. Action Mortgage Company Center Mortgage r AT &T Capital Corp, ° . y Champion International Corp. Bank of California a Charter�Bank ,Bellevue. School District City of Seattle Blackhawk Port Blakely Comm. City of Tukwila Burlington Northern City of Marysville Cadman- Gravel Co. Coast Mortgage Catellus Management Corp: Leers. &•Moore, P.S. CBR Cement Canada Ltd. Leo'Fix Transfer, Inc. FILE 14 -UBT SHERWOOD APPRAISALS Chrysler Realty MacDonald Properties { City of Bellevue McDonald's Corp.. f, Meridian Land to i City °of Monroe; National Public'Ltfe of Seattle r N orth M r3s ' � �° west Fur Breeders Colby Manor Nursing Hcme' U; fl : Ogden ;`Murphy &'Wallace Coldwell Banker` ;`Pacific Northwest Bank i t W ` COIUmbia.Bank " r4 x �. t t +1 t - �, } ;" Pacific First Bank, xColyn�Clay Rea 'I' ' k p '' ,�t� ;. • ' Y . �,-, ,',� kY4 ,• � lum',C'reek Timber Covenant Mortgage - � Polyclinic ' D & Investments _ ' Port of Seattle � Davis Wright Tremaine. PS,'* " Puget Sound Bank Ever6KMutuat Savings r,? .Redmond Christian School }� Ever reen MedicaltCenter ,- , M 1 `', ,,, �T ;RoWI&Agency i; First C , orrirriercial Mngmnt SeafirsBank First =liiterstate Bak Y !� ` `, Z�- , . ti ,r „ . SecurityPacifc Bank First Mutual'Bank ' ' O Shell ih Company r °, s:e .. , I 1 �. • hell €,R+ I National Bank ofd -, ti { r •,,.Skagit ValIey Medical Center , Enumclaw et SmithiBrothers ' r: , J q'{ ,t t fib• + °. A. A t f '-�: �' d :r � T Fletcher,General�Const , , yxr '" : i'. 41 et, South$eventh Corp. (i.e. United ! } 'Friend e °',' ` Parcl Service) ' JY�.'$f 1' L M 'll - S _ - t 1 V c '•i `Frontier Bank ° >° !. j °` 'µ StedirigSavin s Bank Z y..npj_3 fi j �, _ t , 9 * GrandRidge Partnership r Taylor�Edwards Whse. & �, cya1i.i "u ,{. °. Harmon &Associates }" Transfer Co., Inc. Harvard Urnon Co .IJS Army; Corps df Engineers ° H a a i t �'_ Holzerlandl Enterprises ,� t t � i 's -� r>ti." t US �Bancgrp � Justice Horizon Bank" pt;�of - U5 De pti ' s In terWesf :Savings Bank `� i'' } y= •� , r { 4 �, -Manor Nursing Home Jensen Sand & Gravel �° r #1lVallace °Properties Grou y" iu Keatin ` Bucklin " �' � j + . i y � } , J��•, .,.� p 9. r ,Washington First lnterrit I Bank u ! McCormack, P'S t , � ;x ' � r '&W ashington Mutual Bank i �`Ke `Bank } u Yn I r C _ Washington State'Dept. of Game- a Ir- .E Lane Powe & L'ubersky �,l Washington State Dept. of Fr : ,7, >6 dr. 'e6,T S'! '•!� y' P i t ! V ,. t <; r Transportation Construction ir ' �; R � 4! � �-�. •I r• � Jul r �ti 'F < }l 1 FILE 14 -UBT SHERWOOD APPRAISALS I . i Me Edt view Favorites Tools He* — ? Favori[es 9l Free Hotma9 .jE 6et mme Add -am — �;� , 4 °' > "j— Lu •` t'31, Pape., Safely Took,- Goy Ie ■ge 'e shervvood ---- a -- PPS isal. A 41 � Map Traffic Dom In G6V a %%P MakW a problem Fi APPRAISAL AUTHORIZATION M Authorization to complete this appraisal was given verbally by Mark, Mauren,, representing ,:Bremerton West Ridge/Ueland Tree Farm. LEGAL DESCRIPTION . A legal description for each parcel is included on 'the last page of Exhibit 1, which is .part of a May 23,, 1996 "Owner's Request and Acknowledgement for 20 Acre Land Subdivision submitted by the previous owner, Port Blakely' Tree Farrms The north property is also known as Kitsap County. Assessor Tax Parcel 252401 -1- 003= 1005,)and the southaproperty isdalso known as Kitsap County Assessor Tax Parcel 252401 -1 -004 ' ,1004. .. OSTENSIBLE OWNERS ' Ueland Tree Farm, LLC (See Exhibit 2): ! ! PROPERTY LOCATION/ADDRESS The subject property is located roughly . 5 ' miles west - southwest of downtown Bremerton.` Being r an appendage' into incorporated portions of the City, it is `surrounded on the west, east and south, by City, of. Bremerton ownerships associated WA the 'City's watershed _and. potable water supply... One reason for the proposed la trade is to round both parties' ownerships in this area. I In spite of the highly developed nature of much of Kitsap County, the subject -and surrounding area are more, suited to resource uses due to 'surrounding rrii 'Will' ll' 'developed access, challenging topography and lack of nearby utility I supply. At least in the near term, this-land use is likelyto persist as , the Kitsap County Comprehensive Plan contemplates contirfuance of this type of use into the foreseeable future. Being vacant, the property does not have an assigned address. File 14-UBT SHERWOOD APPRAISALS 1 PURPOSE AND FUNCTION OF APPRAISAL The purpose of this appraisal�,is to estimate tWcurrent "As Is" Market Value of the subject property. The function' (use)°''is to provide my client, Craig 'Ueland, with valuation_ evidence for a proposed trade of this property with the City "of'Bremerton fora ±35.5 acre property owned by the City located X314 mile to the east as shown on,the above map.. ; DESCRIPTION OF APPRAISAL PROBLE W SCOPE T °To help estimate -the Market Value for the property, I searched far' sale`s '6f and under - unproved �acreager properties with the most similar Highest and Best Use potential:'This search revealed an adequate amount of market information to_ - complete this appraisal. The data collected was confirmed through a variety of sources including buyers, sellers, brokers, several sales services,and recorded documents. This data was used to perform the Sales .Comparison Approach, the primary accepted method of valuation of vacant Properties like the,subject, which are not typically valued on their income - producing potential;'As the property;is vacant; "the Cost•Approach i§ also not an'appropnate means of valuation. ih iWition to ` the above` information,_'. `substantial, local econorriic; demographic and' `regulatory information, coupled with the =above data, was used to determine the Highest and Best Use of the subject property to' aid in ttf valuation Process APPRAISERS' EXPERIENCE REGARDING APPRAISAL PROBLEM , In the past ten years, I have appraised numerous vacant and - under improved rural /forestry acreage properties throughout the greater Seattle area, including several properties in Kitsap .County. f Based on this experience, I am competent to appraise the subject property.., File 14 -UBT SHERWOOD APPRAISALS :2: PROPERTY RIGHTS APPRAISED Fee Simple Estate, subject to any easements and encumbrances of record and the four powers of government- police power, taxation, eminent domain and escheat. Fee Simple Estate is defined as: "Absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power and escheat." Source: `The * of Real Estate Appraisal, Appraisal Institute, Fifth Edition 2010. ASSUMPTIONS AND LIMITING CONDITIONS ` This appraisal report is based on and subject to the Assumptions and Limiting Conditions included at the beginning of the text portion of this report. DATES OF INSPECTION AF I inspected the property on February 24, 2014 with Mark Mauren, who represents the owner. EFFECTIVE DATE OF VALUATION The effective date of valuation is February 24, 2014, the date of inspection. SALE HISTORY OF SUBJECT' PROPERTY , No sales of the property have occurred in the past three years. The property is not presently for sale or subject to any pending sale agreements.'That said; this appraisal is anticipated to be used in a possible trade of the property. SITE DESCRIPTION Shape and size As shown on the following Plat Map, which is a copy of the Kitsap County Assessor's map for the North 1/2 Section 25, Township 24 North, Range 1 West, W.M., the overall subject ! File 14 -UBT SHERWOOD APPRAISALS 3 f R fY N) • 1N N) fI) North 1/2 Section 25 -24-1 W OeeM ber242W5 Map Number 025N _+ _ iro 9 f„ wurarn • /•\ • ' 1 } • lt✓�. 7 Q to I ' F ,M� � .� � •, I'•'•NW I�� 8 L,. nM.NS a �4ry, � ;;,,e � • ry�n '�.0 m ,l r �� fDD r l o ails el %�uu s J l t a i m ( ,° 1 lo-reav �N•+} \ / _ f 'VNett �v '\ /anal J 'ri « n i;,, r ae eo ft u K - �, claw I t uw°w .,./ f � ..T•+ ■ a. +x S f . Ala r ' b A4 ��yj('isrnraaMV{ ,pp 1 4 1 / t •"" '--• +.. 7 { •+ DppDtWn F a E . 1 �' r X-V • 'I g - OLYMPIC i Alt tl[ r® f MrT4 / ,, - IMn1 O , •M n<M, ' l4 1 . , a, ',•."�_. •. wD. +. �. f � . PfATIONAL / �� FOREST i "' "°'"' ( ;�' ' . • :. o-c„_•,:.� ( ( ,.wn.r rn`3 w �� amr 6 I drl � � •w+.a,n Vl � cmf , a ' ,� '• °� tNtiu - -. n actt: � , � r.. -C � J � . , : Ir•. . . `1n'i;;:.." �• .o.rl ' ` twr a�.` '' ;u. '� QQ'• l „rm, .uR�;..r t zrcn ; g li�iGnuu � / k %'°' IdD .-..n .,.. • \,�,^,,,, Innl ram. O 1 NH nom.{.• - .� Mk. f, � . 9 +m �irtwi� 1 - . �={�..... n' "`C[v_ - clot .: � . r.�. f ,rw� a �p•� Un••i's. X., �.L / e P � y C a �l .A,a• � - I.a,r.r Wilffll/lpf0 ,.• / °' p g i J K "" ' more ��•' 1 3 ueT. _ < aarour D ° C" r — • S ,. ,� awm Dow g �, uw• t u r r I � '� "4 .� Y'' •. l ua urmti� y '. 0 '. s ' D g r- 6 g u°" � .rrmr I -1 ' a• wut � �• r�.t��aa °r a Nr _ y mse ry�jy y -- 3aw, W /t WIM101drt t ltl t Mf Xj .� B 8 aD � • �R ` � _ ooa vrrNrr r «. V/151M � ... , p1 Orr TI. « +./�� J' tE rra man o ,'I r .ff.rlt• d er°.. � u*a`� . / m � w � 3 j � •, a�"'s ', ,-. qs n n an +r ,..I /'•� 8 rt 1�`t e � 11 �r'' n: �, '� fedcr:f r "' Ni nEe :. ,x a nrrt, �iM,,, a I / 4"A�rl.a.r 1 _ ,,, n �4� .�. :•t+ .. rf -w•� n - Sln nr pyn Vicinity Map'. f�a ' - 't� :Ya, a •^ ..Cy t 1 �� �.,, " POlaaaqq{{,, 1 I 4-1j "Its Ai t ! SS Lake :1 19 { i (�,L� �' �� R t f +Y � P��bW' A• O t � • • �...•. `yeti ,� j / �., 7 i Ma � � 1 Aut MTf 1 t ♦ a t � 4 HW tine, algwi . Imwo0PLY1tow 1Q0 ""gn bodiood Map ' j. ownership proposed Jor trade consists of two separate rectangular Tax Parcels each 14 mile east -west by t1/8 mile north ;-south,' Thus, the combined: ownership=.is essentially squarein shape "being t1/4 mile in each &ection.. _ E. The Assessor, presumably working off the original submissions for the 20 subdivision, calculates thw north Tax Parcel 252401 -1- 003 -1005, at 19.68 acres while calculating the'size btithe south Tax Parcel °252401- 1 -004- 1004 at 19.69 acres yielding a total gross rounded-size forthe combined ownership 'of some`�;39.4 acres: This is,.isome 3.9 acres larger than the City of Bremerton Tax Parcel as calculated by the Assessor at some 35.5 acres. It will be assumed for,the purposes of this report. that �the Assessor's gross rounded site area of 39.4 acres is reliable. Assumed Gross Rounded Site Area .:..............:.. 39:4 Acres Topography, tolls and vegetation Based `on topographic mapping from Kitsap County, the overall ownership has a very variable topography with - an overall slope from the south down to the north from roughly 1,000 feet yin places along the south line down -to? roughly 9004eet =aldng the north line. Thus, the average slope across the property - .is roughly 15 %. There, are three low areas'.where water- impounded, 'one in the �west, central portion of.:the south Tax Parcel one- zin4he northwest portion of the. north Tax`tParceli and dne the northeast portion of the north Tax, Parcel. In response to, honoring the mandated setbacks. from - these lower; .,wetter :,- areas of the site, any timber harvest would likely concentrated in the southeast portion' of the north Tax Parcel ,and the,easterly portion of the south Tax Parcel. '1 There are two..soil types mapped on the property,,,the Kilchis series in 15 %ao 70 %, slope groups and.,the series .: =..r,. 1 in the 30% to 70 slope r group. These.. soils are ,b .: oth characterized as forming over basalt bedrock witfi` the Kilchis series being - characterized as shallow residuum over bedrock and the Schneider series characterized' as moderately deep colluvium over bedrock. One practical effect of the presence of these soil types is some limiting effect on site indices due to the limited water supply during the growing season. Also, due to shallow rooting depths, trees are subject to windthrow. File 14 -UBT 'SHERWOOD APPRAISALS _ 4 _,According ito the owners the, property was - ,replanted inA 990 with :. Douglast fir. With,,the elevation -rof Ythe property.,and -,its .� invasive nature; .therea is alsoia, significant,amounVof,,Westem hemlock present. There.,is some Western red. cedar, especially in the lower, wetter areas of the site. 1 . A There has been no comprehensive timber cruise performed. My, linspection...of the. subject property, did ; not._,reveal the - obvious existence oof substances; -;and >this report, assumestthat4he subject is not encumbered thereby. Utilities - The property does not have any established utility supply, nor 6re4here any utilities nearby;; Street improvements and access .. is .by :a. network .of graveled logging:;roadsathrough 'the owner's Ueland Tree Farm and Bremerton West Ridge ownerships to the north. These ;iroads were established- toy support prior; of,.the subject and surrounding, lands, - ?;and'they: are presently. in, average condition. -pWith routine - maintenance;;-,. these, roads R should ,supply . ,'adequate access Jo the: subject property.. Jot the; most likely long term use of ongoing timber management. It is- anticipated ;'asapart,of any.trade, that,Ueland, willgrant the 0City,of.Bremerton the rights, necessary to access,this-property ..through= Ueland's existing road system. k ASSESSED VALUE AND REAL ESTATE» TAXES The 2013 Forest' Land adsessment`s are' $2',61'0 and "$2;5`10 for, the north (252401 -1- 003 -1005) and south (252401- 1 -004- 1004) Tax ' Rarcels " respectively, fo'r' a' total of" $5;120. Combined`201�4` taxes' and `special' charges are '$43.94. $42.96, respectively, for a total of $86.90:•' i Furt herAssessor /Treasurer 'ii%diiation is'in as Exhibit File 14 -UBT 'SHERWOOD - 5 IMPROVEMENTS ; .. The property is vacant. ZONING The existing zoning fo'r the property.`is FRL or Forest Resource Lands within `unincorporated' Kifsap County. This zone is applied to lands that Kitsap County has recognized to have value for continued timber production into the foreseeable future'. In keeping with this intent, the minimum lot`size' is 40 acres. Thus, the individual subject Tax Parcels and the property taken - as' a whole do: not conform'in regards to minimum lot size: �,. Other dimensional standards include minimum lot dimensions of 140 feet, a 35 foot maximum height, a 50 foot front setback "and"20 foot °rear and setback's: Although single family residential uses are potentially permitted; they are subject to the acknowledgeme_ nt that they cannot'' protest forestry mangemnt u aeses. Any industrially - related uses must be forestry- related. Mining and aggregate 'processing - uses are limited to those supporting forest roads. ' Further zoning information is included as Exhibit 4. is ' i F File 14 -UBT SHERWOOD APPRAISALS 6: HIGHEST AND BEST USE The concept of Highest and Best Use is based on ` the following definition: The reasonably probable and legal use of ,vacant land or an .improved property„ which is physically possible, appropriately supporteal, financially feasible, and .that ( results,,, in . the highest value. The „four criteria the. Highest and., Besf Use must meet are legal permissibility . physical possibility, financial feasibility, and maximum profitability. (Source: : 7tie Dictionary_ of Real Estate., Appra_isaj, Fourth Edition, published "by the Appraisal Institute, 2002). As If�1/acaint. The above source defines Hi hest and .Best'Use AsAcant as follows: ., all seasonable alternative uses that yields the highest, present_ land ,value, after _ payments are made for, labor;: 'capital, sand coordination. The use of a property based on V , the,.assumption that the, parcel,of landds vacant . or can be made vacant by ,demolishing any improvements. Applying the four criteria from the above definition: Legal permissibility The FRL zoning supports primarily forestry- related uses. Open space and limited public use are also supported. Physical possibility The physical aspects of the subject property regarding size, shape, topography and soils could support a wide variety of uses, but actual use, due to the remoteness of the property and its lack of utility supply, limit practical use to continued use as timber land. Financial feasibility and maximum protttability Given the physical and locational aspects of the property, the highest price would most likely be paid by an entity with the intent of continued use for growth and harvest of timber. Alternatively, there exists the possibility, similar to the immediate situation, that a public entity could purchase the property for the public good. File 14 -UBT SHERWOOD APPRAISALS 7 �� Goovle Mahs •Windows Interne) [xplorcr �� Q, �', - i_ Edt View Favotw To* H* ip l A • 4 c •. � •..a.. � ,. °'' �'1 ,: a "; fit; - Ott" . l..l �' ) �N � ^� �� •"" �rrl.��1. y,�, {1 � Y "'mot �i�' • r•.-�.� 4', Traffic �) 5�_ � tnbos l30i - tefFCish... �%ucog!? mans - Yshoo ... �� Bing t•1eos - ! +Jfndo'NS ... /' Goap�e i <Ih :�_ - ''idi{ �:1� �... � r o:32 Aht s SUMMARY OF SALIENT FACTS AND CONCLUSIONS -COB � ' � '3 .w °, .r-� �+ ;,�,r t..•1. � S >Y„F+-..e. .b.: .i:. —, sc s�,_p i ,i� t. . ::e PROPERTY APPRAISEDr ;i L° °One vacant, triangularly shaped Tax i Parcel dying in the'•,extreme southeast corner of Sectiona19, Township 24 Nort h; 5 x Range 14East' bounded on the east by a`�. ,-�. . M� r r gas pipelme� easement ands on the west t y , = r A by the Navy Railroad 1 right fof way withi[W he -C i i f Bremerton. ty Limts ° o This - t s r E � property is ,variously encumbered with wetlarid� ,and steep slope Critical Areas. �� , , randy contains abkody �bf water known as d F ,•Heins Lake :r . 0 "I 1 -cscr h _ fir r��ttt � ?� �.. �„7t �' y tF� .�'_• � "OSaTENSIBLEiOWNERS' 4 '�, e� ,Breme AWatershed' (City Of' ��• I L'�} 6 i�$' v x � �w f ,s. °. syjX ,� S •f Yfi'' ,cr ,, a, >& Bremerton) Se Exhibit 5. f 1 __ '�.. -u y sL. � �t � ' }} r �S - 5 _+ t t ds' . s r•r �I i i K`iP :� i� r�� �-� ��, � }•P. rt..ir �t3 +r ` �'. ,,�! t � r ° i(� : t.�,x�rf>�stcF 'S.r'* �•� �. '�`PI20PERT�If;RIGHT _ � k " r v rwi` i} +. hh e r ':ti K ?� S t t ,iSN• 1 .r ('tM 41 -N F : ` ` r o =. , r Fee° SimpleEstate, subject to any. "r. >• h ant A - •tea r „`" , •'�s ,, ,w d Via., G t r �a S+ „easements andrencumbrances of record; ^ i, •t , j.,e�_ - " 1 > < F a as." ` well as "'; ) gov the four powers of , e nment police power, taxation; :r emmnent domain�and escheat.' . �rn :,�ara L'• t Y r.rL �''� tt �r� +l R'c�y at+� �`�' I tr� i i•'i' P F � ( t h'k rr'Zt�y7�, `� i ° � - z �} ~ `LEGAL DESCRIPTION k s: �� An abbreviated!; legal description is ` 4r ryr t i`k I! s� : +Gtt !a} ri�aL ti e�}>9.�i ""c >N "r g p ` ' :< �t r, . ' s ,� , , t � inclutletl aw�th the A s essorffreasurer information - included as "Exhibit` S. Theme �. �. :. ► F x �� �j, k {,? L p r =`�� ` ti roe , ;is 'falso�` known as Kitsap County,;' � RTax !Parcel , 192401 -4004 •� . f r R tz _g 7. -r'� i 1'a.'p.. - t, �C h LANND' -AREA 1 ` "'` , Rounded t35f5� � acres per ''Assessor { r }3 fp�r 1 information = t t r 1 .�: . t 's f ty i4�' t V F ti i• �r ` i - 1., �. .. _ t b. P �'� r, s Cu RRENT�-ZONING� r� } f .r �p CUL Ci Uttlify Lands -City of Bremerton 9 ' lt j i i t.tta 5 cal l , .8(- is , a ' S NETNOP,ERATINGINCOME _` Not appbcable .. t' "''! � .1 ��� :?��✓' xrf2= i " ^S' 'x� �,. �l't'' qtr / ..' ". rea�S Jr. : �� `q •:, ,j w'Sr. HIGHEST ANiD'BESTSUSE r } ? ,.. t ^' S irr' , rr µAt ,., r l•� pc §e.,E- I ( �'Ei�i ' � m`t . d .•- {, sr mat Y��4 I. '"T.S a ..�' ,* of r ye. ' �. • - - vi', - _ � '' g Open Space. AS {VACANTr t J Timber m and. �i1 * ' 9t y 'al tt °. t , i i ;'Y �.• r� ?`z' 4 :- t EFFECTNEDATE :' i -0.vz st71 �. j s.S f 4• OF VALUATION' $February 24 2019. i s .s Cm r .",ref r • tt"' F wrr MARK EVOLUE+OE.THE CITY; � - rte OF BREMERTON PROPERTY .1. t - ,�KITSAP COUNTY'TAX PARCEL`' p X19240'1- 4-00`4 2004 ,AS ++ ' FEBRUARYk24 ;2014 $160,0,00 File 14 -UBT SHERWOOD APPRAISALS 8 r `APPRAISAL r AUTHORIZATION Authorization ,to complete this appraisal was given verbally by Mark ' Maurer representing Bremerto' ''Wese,Rid`ge%tJeland Tree Farm. LEGAL DESCRIPTION An abbreviated ; legal description : is ,,. ; . included with the Assessor/ Treasurer information included, as' Exhibit S. The property is also known as Kitsap County Assessor'TaxParcel 192401- 4 -004- 2004. OSTENSIBLE,_, . .. .. • :OWNERS_' Bremerton Watershed (City of Bremerton) -See Exhibit 5. PROPERTY LOCATIONIADDRESS f f a, J) - ' t ,,. "Th& subject property_,is located ; ,:roughly„ 4,, miles west - southwest of S ,downtown-,Bremerton •_The property is, located within the west central LL poition of the City, Limit's of Bremerton, in,a rural area south of Kitsap Lake. It , -, has . . - been ,in the. ownership. of and, _managed by the City of Bremerton as part of their ; watershed, and,, potable water supply system for many years. Because the property is not crucial to the City's .;water supply;,, system being...out . of their presently used watershed Ahey. have, entertained,,the, concept of a trade of the _,,, subjectpproperty for a similarly ,sized a's.semblage of two properties owned by the Ueland Tree, he%k o properties jut into the existing Bremerton,,,.watershed ; ownership roughly one mile to the west. The subject property,juts . into an,assemblage of properties owned by „ . athe related entities of Ueland Tree Farm and: Bremerton West Ridge. Thus, the, ,proposed..,tradg would help square up each ownership providing the potential for more efficient management for each of the parties. In spite of the highly developed nature of much of Kitsap County, the subject and surrounding area are more suited to resource uses due to the presently minimally developed 'access''challenging topography, ` substani l'wetland Critical Areas and tack of nearby utility supply, File 14 -UBT ' SHERWOOD APPRAISALS- ' 9 other than an existing City of Bremerton water A ne running in the easterly portion of the subject. , At least in the.,near term, this land use pattern is likely to persist as the Bremerton Comprehensive Plan does not indicate the potential for significant change into the foreseeable future. Being vacant, the property does'not have an assigned address. " a - PURPOSE AND FUNCTION�OF ~ ` ` APPIRAISAL The purpose of this appraisal is to estimate the current "As Is" Market Value of the subject property. The function Juse) is to provide my client, Craig Ueland, with valuation evidence a' p :for.,roposed trade of this property with two 19+ acre parcels located within the Ueland Tree Farm some 3/4 mile to the west. DESCRIPTION OF APPRAISAL _ PROBLEMISCOPE ' To help estimate the Market Value for the property, I searched for ' sales of vacant and - under` improved acreage: properties with the most similar` Highest and Best Use `potential: This search revealed an adequate amount of market information to complete this appraisal. The data collected was confirmed through a variety of sources including buyers, sellers, brokers; several sales services, and recorded documents:` This data was used - to perform the'Sales Comparison Approach, the primary accepted method . :valuationz -of vacant properties like the subject, Which 'are not typically valued on ' heir income - producing potential; As'the`�property is vacant,_the Cost Approach is also not an appropriate means of valuation:: In addition to the above information, substantial local economic, demographic and 'regulatory 'information, � coupled with the above data, Was used to determine`the Higli'est a4l3est Use of the subject property to aid in'the valuation process: APPRAISERS' EXPERIENCE REGARDING APPRAISAL PR OBLEM , In the past ten years,'Ahave appraised numerous vacant and under :-improved rural/forestry acreage properties throughout the greater Seattle area, including several properties in Kitsap County. File 14 -UBT SHERWOOD APPRAISALS 10 Based on this experience, I am competent ;to, appraise the subject property. C .PROPERTY , APPRAISED;. Fee Simple Estate, subject to any easements and encumbrances of record and the four powers of - 1govemment-police power, taxation, eminent domain and escheat. - Fee f .. Simple Estate is, ,defined , as: ,' Absolute ownership unencumbered, by any other interest or, estate, subject only to the % limitations imposed by -the governmental powers of taxation, eminent domain, police power and "' Source; The Dictionary of Real.. Estate Appraisal, Appraisal Institute, Fifth,tdi#ion 2010. 4 ASSUMPTIONS AND LIMITING CONDITIONS This appraisal report is based on and subject10 the Assumptions and Limiting Conditions included at the beginning of the text portion of this report.. DATES OF INSPECTION h I inspected the prooerty'on February 24, 2014. 1 was unaccompanied on this inspection. We to "inclement weather, rriy digital camera:malfunctioned during the inspection. Thus, although I performed a complete peripheral inspection of the property, I do.. not have photographs of the easterly °portion: `: ..,• EFFECTNE "DATE OF � VALUATIO,N, The effective date of valuation is February.., 24, 2014, the date of inspection. File 14 -UBT SHERWOODAPPRAISALS 11: SALE HISTORY OF SUBJECT PROPERTY No sales of the property have. occurred in the past three years. The 2_, 4i property is not presently for sale , or "subject ✓ 'to'� any pending sale agreements. That said, this appraisal isi antidpated to be used in a possible trade of the property. SITE DESCRIPTION Shape and size As shown on the following Plat Map, 'which is a copy of the Kitsap 1 County °Asses §or's map for the South 1%2 Section 19, Township 24 North, Range 1 East;'. M., the subject ,ownership proposed for trade consists of a` single, "tfiangularly'shaped.Tax Parcel. The south leg of this Tax Parcel is t1/4 mile east-west, the east leg is t1/2 mile north- tf'�... outh t and � the we - de :. s Si <. ' N 1. i �_ Y. st diagonal l � g,: is, by calculation, circa 2,950 feet in l along the east side of the abutting Navy Railroad right of way. Based on calculations by the Assessor the total (gross area of the subject property has been calculated at�`a r'ounied 835.5 acres, and I will assume for the purposes of this report that this calculated site area4s•reliable. Assumed Gross Rounded Site Area..... .. .............. 35.5 Acres Topography, soils and vegetedon Based on topographic mapping from Kitsap County, the overall ownership has a very. variable topography with the lowest elevation of 225 feet in the norther point of_tte ° triangle. The highest areas, located in the southeast portion and'tlie riortli central portion reach slightly over 300 feet. Thus, the total elevation difference is roughly 75`feet. ` On site inspection `showed that, for the most, -part, the property lies below the grade of the Navy Railroad right of�way fronting the west side of the property. These slopes are gentle to very steep. Also, the site lies mostly above grade of the gas F lirid easement which runs along the east property line. There are few level areas within the site. ' The lowest points in the southerly portion lie around Heins Lake, which is at an elevation of roughly 250 feet. The only soil type mapped on the property is the Ragnar fine sandy loam in the 15% to 30% slope group. This is characterized as a very File 14 -UBT SHERWOOD APPRAISALS': 12 1 oil era ' S S aas "Oil i Sj 1 Ot j aes. ea 1 /ro oar 1 i i t sef` vsr �Y oar 1 'o00 101 001 i a. ra • as ad South 1/2 AP 0 Nrr_ eer — ' _- Section '9 -24-1E �8 sr _ Scale. 1= 200' July 24 2008 Map Number R19S I _ - j �� lac � ' � , l �� \ • kov ��^i ,roln .>,i� .� 'fad .eeu Lr. aa { • }` � F f� 8 ,° '�i' f io� rr'�`wJ 1 �� .+a:..� rr�� '�' ill '"''^'���� i � •+4? r'vY rG r i : I —\ M 1 n r n�W ' IL,aQI i � tM� � L GC ,Ln. • ; � .Liru �'8 fl"• N� �' • •�` .—.�� �6a?[ nrm ! �` ` a !in lPRalaO ac 6 Im � )!~ / Ky a � yii r f ,.s'�� low+' � cc . f h •i.. 4 1 Pa• OLYMPIC r aniiia+ �� } �,,,� � '.. �'�► rova.oaa ` ' '* r ` an:t �.. a ' Z - NATIONAL FOREST+ �J rma: mar 14.w,, �roaw,00c - am ro.r Vi w�te'ifD s : g Qr 1 r �r.,.r .t n.m.. �wr nwc[ • I.nI �` 11 � 1•iMn , IOa ff77 � ! n�lr � .�r , a. roe°°m• a i W ' '�^ nt :' rvr ! � ° rrerr. [a.'r w:'�.� � ='. 3 ' mav� F r r a i ~ I_ •j r.�•. j Ise r 1 �>f+\TR F d u: 1 QI r�:�A`w Wuhufgto[ pl9 • +.� w �QJ�1 r �amiraro oa,r !a aI tr ' i`�.w %' O � 4 WP_i �'•t ' M'°rt lun`,mw•I,Y I. .ao a mi ll 3 n r tY' tMw - th�ti hA �� • I04 "O , , Ii.�f.: ' < ^ ,Me – h.ww �!! 1 I Cesar OY' � �' � �[ pIR/Oltr n ' �� cal(• p .:.. r n s � N' ��n.or� . «*M ,±r ' —t• �� � :��. , �. �r�rr °ro g .a •� .Ica i ' nl vw tf ". I �II ... 'ac � — rm _ ! I� u y, .a.e �„ • rw O1 } ° w. ,w. 4 .: 7 1a +ran K.r � 1 f- . ..li+.ra.• '� vsun a[ u.a 1 r. �,,� fzderal n °L •i c y1 U t - !� � 7 • Yom• t��: Ua , f ' .r , a ° �' 6 B a�mia S , [.r,� slxn•1 f , dM fi.r(w /nn°mr.. .:, wlw 44 tsa•.n ' sf �» M4 nx. �Oy \ uu �, S ° � _ z. � ° �"° • am ��:(�. a '. 9k 'a r f � l • � •1 � •I��,;ql � , i', �,e' ! � e..rn� n � " �• _ aa A _�.: :^n' " r.me \ ro rox �: Car t • •cur. 'r F . awm FOW �I �� .o•. ,at a . Vicinity Map _ _ /tee � _• •B - • m'n i � - ... ... � i,'� 1 � _- i ._.._ � - -_ - .. : r ... i � � jFw � °y (� �! • -� if , � ;� ( �� . ���: �— ! •.��J�; ;•,"'` s t � 4 � • -� Y - � --- �, � �+ tan � - -• t I � ' �,�fi .�o[" " }t � • 111 (o . o E � � ''�+ �- E � } .�.� (( , , +�•••• j 4 yam. i �' t J 1 -• •.1 I � �._ is , t.� I � - . E l (�. Vii•; _ ' - � �� •�,;' � ' . t _ t . 'gin Kil .4 take 14 , — LIL sunAtfpe a nweaaeo..onms.ma000PrRlom the L N - elghboHhood M ap _j •. eto deep (60 +) inch soil forming in glaciofluvium with sandy loam textures r` near the surface grading into coarser loamy sands and sand with = depth. ._ Given the large size and ,very variable topography of the subject __ s t property, there is a, high likelihood of some other soil type inclusions. According to the! owners, parts. V.the property, mainly in the southeast portion, ' were replanted circa 100 with Douglas fir. In addition, there is -a variety of mature...deciduous and 'coniferous species present including red alder, bigleaf maple, Western hemlock, 1Nestern red cedar= and :Douglas, fir with some scattered, large, old -.. growth Douglas fir in the, southwest portion of the site. Although there exists the potential for a significant commercial timber r . harvest from, the property, its quantification would be very difficult'f h7 without, arr: extensive'F study to determine what effect. the various Critical Areas would have on k. There has been no comprehensive .timber cruise performed. :. The southerly portion,of the property is encumbered by Heins Lake and its ;; a"s'sociated wetlands. With the shores of.this lake relatively ; 4 abrupt, the associated wetlands appear to be limited in extent. There is a creek (headwaters of Heins Creek) which enters the - 'property near the southwest corner running easterly before turning south - and' emptying into Alexander Lake to the south: According to 9 earlier City of Bremerton mapping, the slight.rise te6een Heins Lake G.; on the subject•property.and Alexander Lake on the property abutting to the south represents, the demarcation between the Gorst Creek yA watershed to the south and the watershed flowing north into Kitsap Lake. I have been supplied with a more - recent map of somewhat dubious quality, indicating that more of the subject property drains south into Heins Creek'tlan previously thought. There are also small wet areas in places north of Heins Lake, including several short, steep draws, in places where stormwater k , collects and flows, mostly on an intermittent basis. My inspection of the subject property did not reveal the obvious existence of any hazardous substances, and this report assumes that the subject is not encumbered thereby. r - Utilities' , The City of Bremerton has a variety of water system infrastructure on the property with, an active pipeline running on the easterly portion of File 14 -UBT SHERWOOD APPRAISALS 13 the property: ,There exists the possibility thata given owner would have access to this water supply. However, any, new owners ofthe subject erty prop would presumably have`_ to grant ' #he, .easements necessary, to , ensure that the City continues to have the right to. keep thisinfrastructure in place, access A t for' maintenance etc. As noted above, there is an existing` natural gas line easement along the east line.of the property. It is,unknowri whether the subject would Have access tb'this utility. "''" The nearest power and telephone available''are located t1/4 mile east along the extension of Archie Avenue West into the Kitsap Rock 4 —.,.., . quarry, ''which" is now owned by Bremerton West Ridge, the party interested in trading for the subject prope a rty:sAs noted in the Property Valuation sec of this r @port, „Bremerton WesttRidge purchased the _. . Mischel property lying between the subject and the Kitsap Rock quarry property in October 2013. Street improvements and access There is no fully developed dedicated right' of way access to the subject property. All access is. presently by a network of graveled ,roads w; through, the City's extensive utility and watershed related Li properties: This L access comes'.,frnm &—, iouth. Absent the proposed t , trade.;and ,assuming the - subject property, were sold, access would presumably be via easement. if,Bremerton West Ridge'were to control the subject, access would k t potentially lie .,available from Archie :Avenue West through their abutting ownership(s)., In any i case, this„ appraisal,.,assumes, that the subject property will have adequate,access. e. a 6 } I i II 1 File 14 -UBT Y, SHERWOOD APPRAISALS- 14 AssESSED'�VALMAND'REAL'ESTATE TAXES For taxes payable in, 2014, 'the 201 is for land only at Mi $34 oo 3,210 (( p red.to $3.43,200 for 2013 cFiarges). This equates to "�: .�, t• t able't$9,673 per rr }i. {;, i -... 1,.< an mexplic acre which is nsupportably high'in light of two local sales included within the' Propety Valuation section of this report. t , In any case, the property, due to itt public 0 nership, is tax exempt. At the posted levy rate of $12.0742; annual `charges would bw circa $4,144. The Assessor/Treasurer information included as Exhibit 5. PRQVEMENTS _, ,ttl • ,' : =ayf The property is ;vacant., 1 ZONING ` TFie` ex sting`zonirig °for the property is `CUL or'City Utility Lands within the City Limits of'Bremerton: According'to section 20.96 of the City of ` w Bremerton' code, - °The intent of'ttie city, utrlity lands (CUL) zone is to pre`ser`ve " - resource -related' fundtioris'� #' of ' land, and to' protect watersheds and timberlands. FThe' "CUL' zone is also intended to ensure healthy forest cover and „provide'habitat for wildlife. The zone _ wall accommodate some limited '.."commercial and recreational `activities, which' I to "a= high 6fan "rd " environmental best management practices, and low irripaat development." „ Although tFiere exists' the! provision`'within 'this zone for Conditional .Uses including relatively" high` density” residential development, this type of use is not appropriate for the subject due to locational, access and utility limitations. The Outright Permitted Uses, which emphasize a variety of resource uses per 20.96.020, are included with the zoning information included as Exhibit 6. File 14 -UBT - SHERWOOD APPRAISALS 15 HIGHEST AND BEST USE The concept of Highest and Best °Use is based on the following - definition: The reasonably protiable`and ilegpbuse of vacant land or an =7mproved which'F physically possible, appropriately supported; ` financially "feasible, and that results in the highest value. The four criteria the Highest and :Best' ,� Use must meet are legal r permissibility, physical possibility, 'financial feasibility, and maximum profitability. }` Q.(Source: The Dictionary of Real Estate Appraisal, Fourth Edition, published by tfie Appraisal Institute 2002)).' As If Vacant The above source defines Highest and Best Use As Vacant as - _ `follows. ` . Among all reasonable, alternative uses, the use that yields the highest present land value, after payments ' 'are maae�fo'rlabor, "capital, and coordination. The use of a property based on the - assumption, that..the parcel of ;. `land is vacant or can be maae vacant by demolishing '} ± any, improvements. " . ,,. Applying the four, criteria,from the above definition:: Legal permissibility t The CUL zoning supports primarily, resource-related uses, especially J ` the'subject's remote location.: Physical possibility 4 The..,physical ; aspects of the subject property-regarding size, shape, topography and soils could ~support a wide v ariety of uses, but practical uses; due to the remoteness of the'pro perty and its shortage of utility supply limit practical uses to continued use_ as Open_ timberland, watershed protection etc. Financial feasibility and maximuin_profitabX4i -_% 4 Given the physical and iocationai aspects of the property, the highest price would most likely be paid by an entity with the intent of continued use for growth and 'Harvest of timber, preservation- of the property for public or quasi-public: purposes or supporting a large rural residential estate. r File 14 -UBT SHERWOOD APPRAISALS 16 i PROPERTYiVALUATION A Sales Comparison Approach This Sales Comparison Approach will be used to value both properties.:.proposedfior, trade lt a variety of land sales to f; . provide ;a, continuum of sale. prices per acre to represent a cross ', „,section” ofproperties a;variety #of practical utility. _ Y This < approach requires a comparison ;of vacant or under improved i �.. 4 . Jand sales with one ,another. and, then with the subject properties in r order to r'each.th u e reqired value; estimates. This;,, approach. is a, based , .�kon� the , premise that the prudent purchaser /investor, will pay, no mor&for the csubject property than the price of acquiring a similar, competitive property in the same or competing market (Principle of Substitution):' - A summary of the sales chosen is presented below with a brief discussion following. Further details have been retained in the office file. ,. < V , _ ; _ LAND COMRAB PA k4VIVIMARY 0 No: "'' ` L`'ocaton /Address `? ' ' ` S Sale' y j ' Sale Size Ind Price Date Price (Acres) Per Acre L =1 NE Dewatto RdA /4.Mile Wof" _ ' 03/13 $100',000 36.9 $2,710 NE Tee Lake Road (West Branch), Dewatto L=2 NE Dewatto Rd - 172 Mile.IN of - 03113,,, NE Tee Lake Road $53,000 18.3 $2,896 ,,. ' (V1%st ' 4. Branch), Dewatto, .,, L =3,, , aEnd;ofiWayne Rd, Crosby 12113 $70,000 16.2 $4,321 L4 ' NEQ Seabeck & 11f12- ; $95;000 20.0 $4,750 Catspaw, I n,, Seabeck L -5 End of Archie Ln;'Bremerton 10113 '$675,000 115.0 $5,870 L -6 Off Lost Creek LmNW;f = 03/13 $125,000= 20.0 $6,250 Bremerton G7 Birkenfeld Way, Poulsbo, 09112 „ $295,000 43.0 $6,860 ,L - ',818 Archie Ave W, Bremerton .' 04112 $6151000 61.5 $10,000 File 14 -UBT = - SHERWOOD APPRAISALS 17 w�•� §9 �t, EAUSV'i`Ery 1 . t gltc� - PEMAKUTAI f 1 `!i-' �'r s+ r•�/ ~�.,AREA AT/ON -'�+ Crfth -'�� I � ASHERMAN'S � "} ,� _ } �• POINT _ / n� 1 Gu RD "��''iuHHEI CREEK �� OLY SNEL II e. �r r,l• VAL / � Vinlat>j{ CAMPGROUND NATIONAL ,_ !� Q Q }wHIrNEY HOODR VATR]N I r LINCOLN 6S r FOREST SEE POINT CANAL BRA I DR ATA7RN Rn+•r • 1 �.+ i. ' t UGIrC POl f HEWNRN 3 I_ -- EA i RECREATION Senn x qi '1 1, ' PUTAU PORVT Q O • f ILL RD NSV ' _ •� 1 PORT IS AREA r WA A POWT j i RFSE0.V T10N i �YALlWSRD____+ SEAL ROCK� I WC j SlMlan asr_ I S N IRECREATION i b ....Iq•: A YP 1 »n: I �• I AREA. I D t Q� G s pp �,..�. ,Lys, :rivl l� i arts xnmm ill _ _ 1---- � I -- --' -,•.: n ..: ' al i Y , ra r l THE BROTWO WODERNEST I' COLUNS i PD 6•un:,u, �Yk \ _ `57. - s al, E AREA S REf.REAttO1V DOSEWALLIPS AKUtSRo FLCZ�I 1 ER a. Rner1 AREA ISTATEPARN SSA POWr POINT �4 1 - 1 M EUIN 1817 t. / gv�/ AR W a 1 W PC x� karoaau r N 101 d $_ $ 4 ' RE K E jn ` AP CCI!/Nf NrrsAP I 1 PLEASANT HARBOR � r t TATE PARK Y iRORTNR¢Cl 1 •• _II MISERY •! BA I aRM s .% SCEWC BEACH POINT POAVT RO I STATEP ..u•L / ~�- H�S1 c ••n�n:•riR. 1 . X EAflaaa MUS .iI Ha '� 1+f1 N NEW B WeR '� •� / • Settle f �ERRT 1 > HURGRD�DS u E1 -- s r� wtsr I ,• �• 3 i c xd Ot °Rx POMtT 1 .i✓" HOOD O e' . WIITDY NE Me _ s� 1W, iiDN COVE 4 .g, gg Rats I., STATEP 0 4L5Wcas •— ••�•••�.• — � -. y ymvglun lake M1P = hii . Tla. • s NERID 11 RA HAMMA MA AREA --_ NeAO 'nG. _p LAHEE HAM "'• IRKREATI ; /�� -�y'S M410 J ,� Poin� C m V SP pUy dwt�RES CAMP e Or 4 TE.UPOw Un !n N L.H.c WESLEY •1: GL. go osby �► '' n c• T ,EfT S A terrrial R sey�_ artN F� �T E " �1lE RD � x e C � � .— Molly r I •� aUNO tP % • � r AL fMPYARO �• f +suss y}sdp1 l c Re1sll Breme °r - AD j Q B Pan N1 IAkr I R ` fy SD char+ Win III roCo TY a � °R3- ' r rion r F G �. �h C. ast • tRaWmilA . Tiger take ' Gold Lake Go A4t BERRY N 101 fA I ld C ou � ermrood • SE EDGNTC( m !Su "lope Bethel a ° ! RQO M National p{I C 'uY 16 Lo" L'a . y 7 T Fl° AhP tA Q • Wooten 9 E r rf� SW LA(E Wild ,od tAU11EN0t RD g . , .. Drwrd,n E o a T C Wren L !' I dQ • ': W .d D¢Itair Ter ` A IMPAIR SW EHELENA ' O 1 �Y STATE WRa I s 6 PARK RILEY OWILA HARVE P w ,loom! ce LF Qi RENS QA ' J �r I leGa/ PIL1E RD Burley SE N RD Olalta STA -7 u „ a • ! COtUSe ©S roften leach LL KR SI_M Canal Z� 1 . —.. ' PIERCE C j - g ' a 411 m Lakeland Village 1 144TH ST 0 � �t $ HST ant / /� /f GolfCourse� S2 9 u d Conte o a ` I -_ -_ O o� e "� µ AM P oe fi f/Prrkeu O Allyn r N PENINSULA at 4Va1s a TW •• - Great O" µ`'T'G -1, STATE PARK take 3 r Y ViRI t t•F'/ 7 S .. t > lMinn Dei4r frSTERSPCM.•' �"w A but DR x ra`;� x1A5�' g a m �T _ CA Alderbrook Golf Course ° Gr¢hamsNllr c o OLOND G o- a� +A[LE c fil uo"'Lake Burson Gra evietr d' 1 •¢' • o- !- Rr— •rnwoorl Labe N * e iAA aHa o ° c CUTTS KIAB 7BJROSEM S C fCy Harbor I 'am fvu a STATEMARINE 'SG /� Na IS11a S► O •� - I PA Cake Limerick j oousALL nAhP ta Id s"a1 c c�Mta Golf Course F rxr a Ruin 40TH 1 Lll! F a d Dov /'D 40TH STNW B C `'Garay m�! �, r Piste .. P / � � S A Wmrcn i�Yf "� Gl r,,.,.r.•r -•' �-- °'i• a .STN _'� _ _ .o' ( Land Sales Map CORRELATION AND CONCLUSION L -1 at $2,710 per acre and L -2 at $2,896 per acre are two conterminous sales of managed forest land located nearby to the west of the south end of Tee Lake roughly 18 miles southwesterly of the subject properties. This area of Mason County is very remote, and most residential development is around the scattered lakes and on small acreage tracts. Most of the land outside these residential areas is managed for ongoing timber harvest. Most of the local timber ownership in the immediate area of these sales is by Manke. Manke purchased L -1 to help round out their ownership in the area. The smaller 1-=2 parcel was purchased by a private party with eventual plans for rural residential use. These two properties have level to gently sloping topography with younger rerpod :in place. L -1 is bisected by Dewatto Road while L -2 lies on the north side of the road. This road is paved, and electricity is available. At roughly the same time as these two sales, the same seller also sold Manke a 79.0 acre parcel nearby to the east for $285,000 or $3,608 per acre. This property had a more mature stand of timber and also contained the east end of an active sand and gravel mine. F File 14 -UBT SHERWOOD APPRAISALS 18 L -3 at $4,321 per acre is the December 2013 sale of a rectangular, ±16.2 acre parcel at the end of Wayne Road some 8 miles westerly of the subject properties. This property is accessed by a fair quality gravel road which accesses a variety of older and newer rural residences on various sized small acreage tracts along its length. This road is an undesirable attribute as it is generously supplied with potholes and receives only adequate maintenance. The property was characterized in the listing as having rolling topography, and the easterly t1/3 of the property is encumbered by wetlands and a stream. There is a pond on the property, as well. It does have westerly view potential from the east end of the site. It was purchased to place one residential estate. It is unlikely that the property will yield significant timber value other than for clearing purposes. i 1 r File 14-UBT SHERWOOD APPRAISALS 19 L-4 at $4,750 per acre is the November 2012 sale of a nearly rectangular parcel lying on the east side of the Seabeck Highway northeasterly of its intersection with a minor access road, Catspaw Lane. The southwesterly portion of this parcel is encumbered by an easement road accessing several rural residential properties abutting to the south. The highest portions of this property are along its frontage with the Seabeck Highway. From there, it slopes down to the east to a steep drainage channel before rising in elevation to the east line. The elevated areas along the west line provide for some westerly view potential. This property was sold as an REO by Deutsche Bank National Trust Company. The buyer was a private party with plans to develop it with .one or two rural residences. It is unlikely that the property will yield significant timber value other than for clearing purposes. -6. File 14 -UBT SHERWOOD APPRAISALS 20 L -5 at $5,870 per acre is the October 2013 sale of the 4115.0 acre Mitchel property abutting the east side of the southerly portion of the subject City of Bremerton ownership. This property consists of three stacked ±40 acre parcels. I The west side of the property is encumbered by a gas line easement, i it is bifurcated in the north -south direction by an electrical j transmission line easement and the very northwest corner of the ►► central 40 and the west 1/2 of the north 40 are bifurcated by the Naval rail line right of way.-Additionally, the deed indicates a variety of additional easements. This property was not listed. It was sold by the Mitchel family to i Bremerton West Ridge, an entity related to the Ueland Tree Farm ownership. These buyers were highly motivated to purchase this property to round out their ownerships in the area, enhance access and provide further buffering. Thus, they paid a premium for it. As part of this transaction, the sellers, who are loggers, retained the right to harvest the timber from' a_small area in the southeast comer of the southerlymost 40 until December 31, 2015. Outside of this area and . outside of the various wetlands and corridors from which setbacks will be mandated, this 'pi'operty has a significant accessible ' timber resource. I S i t i l t File 14 -UBT SHERWOOD APPRAISALS 21 L-6 at $6,250 per acre is the March 2013 sale of a rectangular ±20.0 acre parcel lying east of a rural residential area off Wild Ridge Lane NW and Lost Creek Lane NW some six miles northwest of the subject properties. In spite of having some rural residential development in the area, this property is remote with undeveloped access and no utilities presently extended. Both access and utilities will need to be extended for the private buyers ,to be able to fulfill their plans of eventually building on the property. This sale property is level to gently sloping and has some north - northeast view potential with the, southwest portion nearing 750 feet in elevation with the site sloping down to the north. Because this property is slated for rural residential use, any significant contributory value for the timber is dubious. This buyer paid a premium, primarily for the view potential. , File 14 -UBT SHERWOOD APPRAISALS 22 L -7 at $6,860 per acre is the September 2012 sale of an aggregation of eight lots of t5 acres each on Birkenfeld Way just east of Clear Creek Road with all of the tracts having some frontage on the west side of State Route 3. These lots are formally subdivided, but no infrastructure was in place at the time of sale. This property is abutted on the west by a rural residential subdivision developed with homes, and the area has a mix of farms and forest land. This sale property is now being developed with new homes. It is interesting to note that this property, in spite of having near term development potential, did not sell for a significant premium over acreage tracts with no significant development potential. 1 , S i 1 I I t File 14 -UBT SHERWOOD APPRAISALS 23 L-8 at $10,000 per acre is the April 2012 sale of the Kitsap Quarry property abutting the north 2/3 of the east side of the L -5 sale property. It was also purchased by Bremerton West Ridge as part of this entity's investment in a variety of properties in this area. This quarry has adequate quality hard rock reserves and was actively mined for many years before being foreclosed and sold in this transaction. In any case, with this property being recognized by the market, Kitsap County and other controlling regulatory agencies as having continued mining potential, it stands to reason that it would sell at the highest price per acre of the sales presented. This sale is included due to its proximity.. x 4 s s' CORRELATION The mean of these 8 comparables is $5,457 per acre, and the median is $5,310 per acre indicating a reasonable balance throughout the range. The purely resource lands represented by Sales L -1 and L -2 (and the associated 79 acre sale at $3,608 per acre) show that remote resource lands with reprod that is harvestable within a reasonable time frame will tend to have market resistance much above the $4,000 per acre pricing level. With the Ueland Tree Farm property having a desirable stand of timber, a substantial extent of practically accessible acreage for harvest and a comparatively close -in location for timber land, I conclude that the available data supports a rounded value for this property at a rounded $4,000 per acre or a rounded total value of $160,000 for the assumed 39.4 acres. The City of Bremerton ownership is closer in with some prospect for being developable within a reasonable time frame as it is within the City Limits of Bremerton. However, the current CUL• zoning is restrictive in the types of uses potentially permitted, and it is probable File 14-UBT SHERWOOD APPRAISALS 24 that the City of Bremerton would retain some public access rights if the property were sold. Also, this property has substantial encumbrances imposed by utility easements and a variety of Critical Areas including open water in Heins Lake, a variety of wetlands, steep slopes, Heins Creek, a potential Osprey nest etc. Although there exists no surrey of the encumbrances, my inspection showed that they are extensive and could encumber a sufficient portion of the site to render a timber harvest marginally economical. I conclude that the most applicable sales are L -3 at $4,321 per acre and L-4 at $4,750 per acre, both of which are large rural residential properties suitable for one or possibly two (L-4) homesite(s). Either could have also been used for park or open space use. Placing most weight on these two sales, I conclude a value of $4,500 per acre for the ±35.5 acre City of Bremerton property calculating to a rounded total value of $160,000. FINAL CONCLUSION { The rounded value conclusions for both properties are $160,000. Thus, my final conclusion is that the market supports the conclusion that the two properties could be traded evenly with such a trade being fair to both entities. Exposure and Marketing Times Due to the comparative remoteness of both properties, the potential exists for extended marketing times. From a practical standpoint, it I would be unusual for either property to be marketed, and the proposed trade would be the only likely means by which either property would change ownership in any timely manner. Thus, assignment of either exposure or marketing times is superfluous. t Nonetheless, due to the fact that assignment of both is a USPAP requirement, I will assign both exposure and marketing times of two I years or less. As this level of time is typical within the market for the j subject properties, no discounting for the potential of extended marketing times will be applied. I i 1 i File 14 -UBT SHERWOOD APPRAISALS 25 „ Exhibit I . 'l !�•.i r... .r - . i � .. r 3 f • 4. 1' . 1 •i. '4 %l. _ i. is a • ' .'ii .sir .. i • ,.Y � i - FORT BLAKEL"'Y TREE FARMS GROWING & LOGGING TREES SINCE ."Ot1NiON STREr;T, SUITES30 SHATMEMASIIRNGTON 98101 (206) 624.5810 FAX: (206) 624,9745 OWNER'S REQUEST AND ACKNO%VLEDGE FOR 20 ACRE LAND SEGREGATION e r +r Pon Blnkcly Trca Farms, as fee owner, hcccby requests That the 1 cgally abed ' attachments hereto be segregated by the Kits ap County Assessor i t the pare s as described herein. Dated this a 3 °d day or 7?Z Rr 19 U Tit eneMI. r Por B ke1 Trca t - IS.RO ITSAP COUNTY CHCK -BY: PORT BLAKELY TREE FARMS STATE OF WASHINGTON) 4Y. 19%9 1:14 PM REN FLYNNI AUDITOR COUNTY OF ICING `CLERK: CHIPPS• i On This oZ 3 �`� day ' ,19%, before me, It Notary Public in and for the State of W I'not nail d daimet, F�7. La t me. _ :i , personally known to Inc (or p on th is of satisfactory evidence) to be the person who t. signed this instrumen oath t, diet a ras authuiized to execute tbtsprstruelarit as J r „ PORT rjI.AK .LY,TREE FA_ RMS.(LIMITED PARTNERSHIP). . u 'nu c partnership. aad acknriw)cdged sold deed of said , partnership for d pu ierein mentioned, i N 1 REOF, I have hereunto set my hand and official seal the day and year first abo v n. Notary Public hr Statc of Waibington, iV N4 Print Name- Elmo e Residing at r My Commission E - t o- M �1' Uf 4 . a • • ulnra! M gemcnr of p LQ !Ih!!tg Deestopmenr &bdivisio i Management Inc. 18031 -119th Ph N8. BOTHELL. WA$HWW0N 98011 ' �` 488.1111 : 362 t052 • t "' ' .E L F=488.21 ' r ' t •;.� j' dr. , XXT ;. , MAZNLANIl GREQATION ` 20 ACRE TAX TAT LEA DESCRXP ONO a t 7 — } •r t o . I � 1 I. The N 1/2 of the NE 1/4 o t SW 1/4 "•, -, -Wm .b > ._ 2 'The1 8 '1/2 of the NE" 1/ he 1/4 3. The••W 1/2 of• tho,NW� 4 f 11 1/4 4. The W of'ht ii S 1 4 o •.SW 1 /A" 5. The E 1/2 of the f the SW /4 ' 6. The N 1/2 Of. SE„ 31 the SW 1/4 7 The � 1/ t o E 1 4 of the SN) 1 /4` ` 8. The %4z of P iie SE 1/4 ,.��i, t a;' Y��, • +•t, �� .•kG2' �7 "... > r�? . :� _ 4' F. .. • the 1/4 Of the SE - ,1 /4 SgcTjg P 2 4 MUR t 1. T f! the, NW 1/4 of the-Na 1/4 2. T e S 1/2 Cihe NW 1/:4, of the NE =1/4 t; 3. e Of' the NE' l/4 of the NW' 1 /4 2 of the NE 1/4 of`th ®'NW i/4 3" 5. e N 1/2 of the NW 1/4 of the NW 1/4 2 Th' S 1/2 of teh NW 1/4 of the NW 1/4 ?. he N 1/2 of the SW 1/4 of the Nil 1/4 8. The S 1/2 of the SW 1/4 of the NW 1/4 .f REEL R REE ©91� Page # ,Two of Six SEE. 18. n' 24 41 R 1 P cont 9. The N 1/2 of the SE 1/4 ofith /4 . - 10. The S 1/2 of the SE 1 /4,,of NW 1/4 11. The N 1/2 of the SW 1/4 of- -t a E °1/4 12, The'S 1/2 of the,SW 1/4 of•the 1 4. 13. The N 1/2 of the SE•'1 f the HE 1/4 f - 14. The S 1/2 of the SE 1/4 o t NE 1/4 4 15. The N 1/2 of the NE 1 4 he 1/4 16. The S 1/2 of the NE 4 t E 1/4 17. The N 1/2 of ttte�, 1/4 o SE 1/4 'x 18, The S 1/2 of the 4 f the SE 1/4 19. The N 1/2 of NE o the SW'1 /4 20. The S 1 / ©of E 1 .of-.the. SW 1/4 21. The N 1 2 /4 of the SW 1/4 , 22. The 1 2 the 1/4 of the SW 1/4 23. The 2 of a SW 1/4 of the SW 1/4 24. The S 1/ he SW 1 /4.,,of the. SW 1/4 25. T f the SE 1/4 of.the SW A/4 ; 26. T e S 1/2 f the SE 1/4 of the SW 1/4 _ 27 a of the SW 1/4 of the SE 1/4 + 2 Th /2 of the SW 1/4 of the SE 1/4 2 a W 1/2 of the SE 1/4 of the,.SE 1/4 Th E 1/2 of the SE I/4.,of the. SE 1/4 A «.F..0 9605240200 REEL 0912 FR `0769 ! i i - ., f i A_. 200 Page Three of Six REEL '0 "0770 O T 1. The E 1/2 of the' NE i 1 /4.'of th /4;'" 2. The W 1/2 of the HE 1/4 oft NE 1/4 k- 3. The E 1/2 of the NW 1 /4 e E 1/4' 4. The W 1/2 of the M 1 /4.of the 1 4 S. The E 1/2 of the' HE �1 f , tha NW 1/4 i 6. The W 1/2 of the .NE - .:1/4 o t NW 1/4 1 7. The N 1/2 of the NW- 1 4 ` he • 1/4 S. The S 1/2 of the NW' 4 t 'W 1/4 9. The N 1/2 of th • i /4' o NW 1/4 r 10. The S 1/2 of th 4 f" the NW 1/4 11. The W 1/2 of SE of th4 " NW 1/4 12. The E 1 of e E of the NW -1/4 13. The N 1 2 t St /4 Of the NE 1/4 ii 14. The 1 the -1/4 of the NE 1/4 15. The 1 of a BE 4/4 of the NE 1/4 16. The S 1/ he BE • 1/4 of the' NO 1/4 , 17. T NE of the BE 1/4 lying W of US Railroad right -of -way 18. T N 1/2 f the NW 1/4 of the BE 1/4 , 19 of the NW 1/4 of the BE 1/4 ' The /2 of the HE 1 /4 the SW 1/4 2 e W 1/2 of the HE 1%4 of the SW 1/4 Th E 1/2 of the NW 1/4 of the S14 1/4 23. he W 1/2 of the NW 1/4 of the SW 1/4 , The N 1/2 of the SW..1 /4 of the SW 1/4 i Page Four of Six p F ;M.:— Seo 19, T 24 N. R i E cant 25. The S 1/2 of the SW 1/4 of th y /4 it. : 26. The W 1/2 of the SE 1/4 of ti SW 1/4 27. The E 1/2 of the SE 1/4 of t e W 1/4 28. The 0 1/2 of the SW 1/4 of the i 29. The E 1/2 of the SW 1/ f the "SE 1/4, and the W 1/2 of the SE 1/4 of E 1/4 lying W'of 3.• i i US Railroad right -of -way. SE9TXON 12, TO WNS11TP m 1. The E 1/2 of they 0 SE 1/4 2 4 4 2. The W 1/2 of the f the SE'1 /4 3. The E 1/2 of Nil o the SE 1/4 4. The 14 1 / ©of t W 1 4 of the SE 1/4 5. The W 2 t /4 Of the SE 1/4 6. The 1 2 the 1/4 of the SE 1/4 , 7. The 2 of a SE 1/4 of the SE 1/4 S. The E 1/ he SE 1/4 of the SE 1/4 9=10 3 TO SHIP 2 H E l 1. a of the NB 1/4 of the HE 1/4 Th i /2 of the HE 1/4 of the HE 1/4 3. e E 1/2 of the NW 1/4 of the HE 1/4 Th W 1/2 of the NW 1/4 of the HE 1/4 5. he N 1/2 of the SW 1/4 of the NW 1/4 } 6 The S 1/2 of the SW 1/4 of the NW 1/4 ' 1 I Page Five.of =;:Six Seca 13, T 24 H. R 1 14, cant. t 7. The N 1/2 of the SE 1/A 'of t W 1/4 8. The S 1/2 of the SE i /4 t NW 1/4 ' 9. The N 1/2 of'.the SW 1%A of th ,N 4 t .I. 10. The S 1/2 of the SW 1/ of the NE 1/4 11. The U 1/2 of the_SE 1/ he HE 1/4 • .� tom. rs 12. The S 1/2 of the SE 1/4 t 1/4 13. The E 1/2 of the HE / o h E 1/4 14. The W l/2 of tvNE 1 SE 1/4 _ 15. The N 1/2 of the o e SE 1/4 ' 16. The S 1/2 of t) 1/ the SE 1/4 27. The N 1/2 of HE 1 of the SW 1/4 }.r` ;l 18. The S O ie v E of the SW 1/4 19. The f t 1/4 of the SW 1/4 I 20. The o t NW 1/4 of the SW 1/4 21. The t the SW 1/4 of the $W 1/4 22. Th o e SW 1/4 of the SW 1/4 23. TI N 1/2 the SE 1/4 of the SW 1/4 24. Th f the SE 1/4 of the SW 1/4 2 1/2 of the SW 1/9 of the SE 1/4 } The S /2 of the SW 1/4 of the SE 1/4 + s °ti . e N 1/2 of the SE 1/4 of the SE 1/4 2 he S 1/2 of the SE 1/4 of the SE 1/4 A. F_ 960524(32CID REEL 0912 FR 0772 Arojeulonal Alanagemenr of Land Plannlna and Development Subdivision Management Ins, 16031 -119th PI. N.E. DOME11, WASHINGTON 98011 988 =1111 362. 1052° ° 'fAX1488.2162 EITSAP WILDCAT LAKE TAX SEGREGATION �. 20 ACRE TAX LOT ,LEGAL DE$CRIP rn 7 SY—CTION I. S 1. The £ 1/2 of the NW 1 /4rof -the 1/4�• r. 2. The W 1/2 of the NW 1/4 of-the 1/4 3. The W ;1/2 of the SW,1 /4 ,of,the. X , 4. The E 1/2 of the SW 1/.4 the NW 1/4- S. The N 1/2 of the NE /4 of e• W,,1 /4 6. The S 1/2 of the NE . S /4 7. The N 1/2 of the // NW 1/ of a 1/4 ., S. The S 1/2 of theQ 4 o °,, W 1/4 ,� a •. 9. The N 1/2 of the S o the. SW ••1/4, . f 10. The S 1/2 of th 11,1/ f h.'SW; 11. The N 1/2 the S 1/4 f th SW!'1 /4 12. The S 1/ o e 4 of the SW 1/4 A T p : G ,s i 1. The S 1 o t SE 1/4 of the SE 1/4 9603240200 r . WWRO77 ' _ 1 i t Page Two of Two ` SECTION 11. 'C 24-IIQRTH, RANGE 1. WEST - 1 1. The E 1/2 of the NE 1/4 of the HE 1/4 2. The W 1/2 of the NE 1/4 of the NE 1/4 3. The E 1/2 of the SE,;/4 of thetNE 1/4 4. The W 1/2 of 'the SE�l1%4' of the NE 1/4 S. The W 1/2 of the 1/4 of the SW 1/4 6. The E 1/2 of the NE 1/4 of the' 7. The W 1/2 of the 'NW ='1/4 o;,l.the 1/4 ! ' e. ` The E 1/2 of the NW 1/4 of the 1/4 9. The W 1/2 of the NE 1/4 of the SE 4° 10. The E 1/2 of the NE; 1/4 0 the' `SE 1/4 r 11. The N 1/2 of the SE 1/4 - '6f4 1/4 12. The B 1/2 of the SE 1%4' t 5 /4 13. The N 1/2 of the SW'1/ of 1 /4 7 h i 14. The S 1/2 of the Q 4 o E ° 1/4 +. 1S. The N 1/2 of the 5 r o the SW'1 /4 '' + 16. The S 1/2 of th I E 1/ he SW /4 ECT O 1 W 1. The E 'he 4 of the NW 1/4 s 2. The W f s W 1/4 of the NW 1/4 96052411200 5l2RO <? 1 1 1 Page Six of Six SMTXaN 24, 2 WHSHP 24 NORTH, RANGE 1 WEST 1? The E 1/2 of the NO 1/4 of the NO 1/4 2. Tile W 1/2 of the NO 1/4 of the NO 1/4 3. The W 1/2 of the SE 1/4 of the NE 1/4 4. The E 1/2 of the SE 1/4 of the NO 1/4 5. The N 1/2 of the NO 1/4 of the SR 1/4 S. The S 1/2 of the NO 1/4 of the SE 1/4 7. The N 1/2 of the SE 1/4 of the SE 1/4 8. The S 1/2 of the SO 1/4 of the SE 1/4 SMION 25, TOWNSHIP 24 WORTH, RANG WEST .1. The N 1/2 of the NO 1/4 of the 1/4 2. The 8 1/2 of the NO 1/4 of the E 1/4 ' F.0 960524020 0912 FR 0773 00 0 `Exhibit 2 a e ti F IRST AMERICAN sans SINS 203001120314 Waller Wa9h n i o � Kits Co•Auiiilor`.t:. , �. •..+ - .: Paee:, 7 of 5 AFTER RECORDING MAIL TO; Iltlllll llllplllp�mi�gn�pjppml��nlnl�lllt��p Pinnacle Real Estate Law Group, PLLC �UU�IUI'IIII�N IIWIUI� 1111 ° �t0 Itl "I Attn: Craig L. Jones 330 Madison Avenue S, Suite 204 Bainbridge Si+.. - .ice .;t0 }, ••P. - ' .n s y :F Nri OUIT CLAIM DEED r•. Grantors: -`0 'PORT'BLAKELY TREE FARMS IT if artne n h p), a Washington limited partnership Grantee: UELAND. TREE FARM, LL , Washin lim ted liability _ • 'company ` Legal Description" (Abbreviated): ' Ptns "Sections l2, 43 224 & 25, To ;Range 1W;'Ptns Section !� 7,18 & `19, f, s4i Z4 _, Range 1,E' r l I Legal Description CE`I Oan a'� WQ '� X b ► t Exhibit A Tax Parcel Nos: i Z — ZCSDZ I PORT BLAKELY mited Partnership), a Washington limited partnership (Grantor "), for and I considcMio of quieting title to real property, NO MONETARY CON RA N, he b , conveys and quit claims to UELAND TREE FARM, LLC, a Washingto tt I ab' ' Rp ( "Grantee "), all of their right; title and interest, specifically includi n it * one any reserved mineral; water or other rights, interests or easements, in t e pr elty l described in Exhibit A, attached'hereto and herein by this , ' c ing interest therein which Grantors may hereafter acquire. DATED 1 ay o ecember, 2009. GRANT PORT BL Y E FARMS (LBUTED PARTNERSI "), a i partnership KITSAP COUNTY TREASURER EXCISE 01/12/2010 2010EX00132 ' n c r, resident of Real Estate Total• $10.00 Clerk's Initial c i 201001120314 01/1212010 04:03:24 PM Page 2 of 5 STATE OF WASHINGTON _ COUNTY OF KING ) On this) 6' day of December, 2009 before me, the undersigned, a Notary ' 'c in or .. 'Qf' - . - 4 ^. the state. of Wasliington, commissioned and sworn, personally, appeared ALA , me known to be tlie'p erson who executed this instrument, on oath stated he was w atho�' to execute the instrument on of PORT BLAKELY TREE FARMS tulPARTNERSHIP), a Washington limited.partnership,,to the free and voact an d ed of rt said partnership, for the uses and purposes mentioned in the instrument. 'IN WITNESS WHEREOF, I har hereunto set m_ y�ha 'd and cia he d year first above wiitte`n. nde4 °;, ti G. Wq �� `t t,e ,...., WA � NO PUBLIC i a d for the' State of ,�d�� ; •ss�O� ''•:� -�� Wa ,residin irkland a rt so mpAy�"ai ; My apps 10 -12 -11 Print Name N `'+ : C Warner.. Ju t; PItOV�G , 00 FF *11 ..; - : 201001120314` 01 /12/2010 04 :03:24 PM Page 3 of 5 EXHIBIT A ` - -ILEGALMESCRIPTIOIV ?i d Parcel A: The West Half of the Northwest Quarter of the Southwest Quarter, Except the North 643.5 e thereof, The Southwest Quarter of the Southwest Quarter, the East Half of the Southwest Qu e Half of the' Souttieast"Quirter Except -the North`430 feet thereof, and.Except.th 'the' lyin " ithiri� b'oundaries•of the Shelton- Bremerton - Bangor NavaMaili oad= The Northwest-Qaartei of th'e Southeast Quarter of t}ie` Southeast Quarter, E that poi n thereof lying.within the boundaries of the Shelton- Bremerton - Bangor Naval That portion of the East Half of the Northeast Quarter of the Southea uarter he t ast Quarter lying Southeasterly of the ,Shelton Bremerton Bangor aval ' a That portion'of the °South Half of the SoutheasfQuart er o then ti cept that' portion thereof lying within the boundaries of the Shel remerton- aval Railroad;- All in Section 7; Township'24 No4h; Range 1 W. , i&Kitsap" "' ty,Was} ington;"' Except from all of the above any portion thereof lying it in any exist' county road right of way; . Also Except that portion thereof lying within the "Port Blak nn on Area" as more fully described '4n Exiiibit`B'ofdocument reeord" rl er Recording,No, 200012290140 i ' Parcel B: ,, . ,, „• . The Northeast Quarter of the Northeast Q r f on 8, Township 24 North, Range 1 East, W.M., in Kitsap County, WashinStgn; The West Three- Quarters of said 36c ' cep a South Half of the Southwest Quarter of the Southeast Quarter thereof; ' Except from all of the above an n f lying within any existing county road right of way; Also Except that port' the ing wi the "Port'Blakely Annexation Area" as more fully described in Exhib'f u cc d under Recording No, 200012290140. Parcel C: That portion of n 19, o ship 24 North, Range 1 East, W.M., in Kitsap County, i Washington, lyiI waste+ of the Shelton- Bremerton - Bangor Naval Railroad; ! Except the st r of the Northeast Quarter thereof;, Also Ex 0 e al f the Northeast Quarter of the Northeast Quarter thereof; Also Ex p the No alf of the Southwest Quarter of the Northeast Quarter thereof; Also 3xce t m al the above any portion thereof lying within any existing county road right of w , A als t that portion thereof lying within the "Port Blakely Annexation Area' as more I descri Exhibit B of document recorded under Recording No. 200012290140. me i i 201001120314 01/1212010 04:03:24 PM Page 4 of 5 The Southeast Quarter of Section 12, Township 24 North, Range l West, W.M., in Kitsap County, Washington; Except the North 643.5 feet of said Southeast Quarter; And Except any portion thereof lying within the boundaries of any existing county road. Parcel E: The East Half and the South Half of the Northwest Quarter, and the North Half o uth Quarter of Section' 13, Township 24 North, Range 1 West, W.M., in Kitsap.Co ington; Except from all the above any portion thereof lying within the boundaries of isting unty road. Parcel-F: The East Half of the East Half of Section 24, Township 24 o e M, in Kitsap County, Washington; Except any portion thereof lying within the boundaries f y existin my road. Parcel G: The Northeast Quarter of the Northeast Qu f Section 25, o ship 24 North, Range 1 West, W.M., in Kitsap County, Washington; Except any portion thereof lying within the boun f any existing county road. 201001120314 01/12/2010 04 :03:24 PM Page 5 of 5 EXHIBIT B TAX PARCEL NUMBERS 072401 -3- 002 -2002 072401 -3,003 -2001 072401 -3- 005 -2009 072401 -3- 06 -2008 072401 -3- 007 -2007 072401 =008 -2006 072401 -4048 2006 072401 -4 -2007 072401 -4- 105 -2006 182401 -1-013 -2000 182401 -1- 4 182401 -1 -015 -2008 1824012 =001- 2002' 182401 -2 -002 -2001 18 - 00 182401 -2- 004 -2009 182401' -2=005 -200$ 182401 -2 -006 -2007 1 1 -2 6 182401-2-008-2005 182401 -3- 001 -2000 182401 -3- 002 -2009 - -003 -2 182401 -3 -004 -2007 182401 -3 -005 -2006 182401 -3 -006 -2005 82401- - 09 -2 182401 -3 -010 -2009 192401 -1- 012 -2000 192401 -2- 002 -2000 1 03 -2009 192401 -2- 004 -2008 1924012405 -2007 192401 .011- -011 -2108 192401 -3 -0042006 192401 -3 -005 -2005 192401 -3 -00 - 04 107 -2003 192401 -3- 008 -2002 192401 -3 -009 -2001 192401 -3 -01 - 008 9 01 009 -2009 192401 -4 -010 -2006 192401 -4-012 -2004 19 013- 2401.4- 014 -2002 1224014- 006 -1001 1224014- 007 -1000 401 -4008 122401 -4-009 -1008 122401 -4-012 -1003 122401 -4 -013 -1002 132401-2-004-1006 132401 -2 -005 -1005 132401 -3 -001 -1007 132401 -3 -002 -1006 132401 -3 -003 -1005 132401 -3 -00410 I 1 -1- 005 -1004 242401 -1- 006 -1003 242401 -1- 007 -1002 2424A, „0 0 14-005- 1008 242401 -4- 006 -1007 242401 -4- 007 - 1006 24 -4 =U 1 1 -1- 003 -1005 252401 -1- 0041004 19 -0 201�:j 4el o i?A �► - '� - 3� 3 v�2LVk' ;: ;1 "`Exhibit 3 1 � �1 b 4 " } 1 Kilsap County Assessor's Property Report Page 1 of I Property Report Tax Account No. Process No. .,rSitus Address---: ; 52401 -1- 003 -1005 310712 Property Class: 880= Fo'r'est' l.`and _ r Parcel Information Tax Code Area: 8039 1# of Buildings: FO 19.68 Jurisdiction: IUNE4CORP. View Rating: Sec- Twp -Rng: 125 24N 1W Zoning: JFRL Status: A - Active Neighborhood: 7401114 Last Inspected: 05 /05/11 Taxpayer Information Name: JUELAND TREE FARM LLC Mailing Address: 18A NORTH PARADE NSW 2110 AUSTRALIA r l itip . /Rxwppiib2.co.kilsop.%va.us/ pis/ Uistiv /iis.online_lis_info_pkg.ecct info7p_in_rp_acct_id =2310712. .;. 2111/2014 Kitsap County Assessor's Sale History - Page 1 of 1 Sales History Tax Account No. Process No. - Situs Address 252401 -1- 003 =1005 2310712 t Sale Date: Sale Price: Excise Number: Instrument: Screening Code: 12- JAN -10 0 2010EX00132 Q •.JQ 13- APR -04 4600000 2004EX03242 W 9 • w h itp: //kcwppub pis/ ilisiv /online_lis_info — pkg.sales hilt ?p_in ry_acct _ id= 2310712 2111/2014 Tax Statement Page 1_ or;2? View: Recelpt(s) on file - [Click here to Pay by Credit Card - 3rd party fee applies] [Click here to Print] [Click here to Pay by E -Check - $1.00 fee]'` 2014 WEB TAX STATEMENT Me.090th"R.,,Green CPA �'MAKE REMITTANCES PAYABLE TO: Printed:0211112014 Kitsap County Treasurer 614 Division Street, MS -32 UELAND TREE FARM LLC LL " "AeM` Port Orchard, WA 98366 NSW 2110 AUSTRALIA, Account Number "• For Informational Purposes Only ** _ GENERAL TAX DISTRIBUTION Process Number 2310712 2013 1 2014 252401 -1 -003 -1005 r N ame: STATE GENERAL $6.541 STATE GENERAL $6A6 ELAND TREE FARM LLC LEVY st,a REGIONAL $1.06 Tax Property Description" LOCAL SCHOOL $8.42 LOCAL SCHOOL $9.60 25241W COUNTY $3.14 COUNTY $3.22 LOT 1, PAGE 6 OF SEGREGATION REQUEST RECORDED UNDER COUNTY ROAD $4.22 COUNTY ROAD $4.33 AUDITOR'S FILE NO. 9605240200; THE NORTH HALF OF THE PORT $1.01 PORT $1.03 NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 25, TOWNSHIP 24 NORTH, RANGE 1 WEST, W.M., KITSAP COUNTY, PUD $21 PUD $,24 WASHINGTON. 2013 Totat $24.56 2014 Total: $25.80 VALUE INFORMATION FOR TAX 2013 2014 Current Taxes Land: $2,610 $2,610 A SSESSMENT 2013 2014 Noxious Weed $.24 $.24 Improvements: $0 $0 FFP $17.90 $17.90 TOTAL VALUE: $2,610 $2,610 Asmt Total $18.14 $18.14 TOTAL TAXABLE VALUE + Improvements minus Qua Ex e mpti ons) 2014 General Property Tax + $2,610 $2,610 ssessments = $43.94 TOTAL AMOUNT DUE: $43.94 Levy Code 8039 General Levy Rate per $1000 9.8907 c THIS ACCOUNT IS SET UP FOR AUTOPAY Voted Rate — 36.8 % Voter Approved First half taxes paid after April 30th will Incur interest Parcel Location: No address on file plus penalty computed on the FULL year amount (RCW $4.56.020). Account Number. 252401 -1 -003 -1005 2310712 Parcel Location: No address on file SECOND HALF -Pay or Postmark by October 31 If you did not make a first half payment or p Prev TOTAL the delinquent takes listed, if any, call TAX Interest/ (360) 337 -7135 for delinquent tax, interest and YEAR Tying Penalty Full Half penalty due. Delinquent payments received without Interest and penalty will be returned. lCurrentj 2014 $100 See Treasurer Information link. Amount UELAND TREE FARM LLC Due: $.00 BA NORTH PARADE NSW 2110 AUSTRALIA, Make Rgmittance Payable To Kitsap County Treasurer - 614 Division Street, MS -32 Port Orchard, WA 98366 _.._ ................. .._........._....... ......... ........... ..... .......... . __. ......._. ............ .......... ..__... - ...__.._._.._._....._.__..... ............... ... ........ ........... .__... __......._.... ........ .._..__ .......... ;. . i Account Number: .252401 -"03 -1005 2310712 Parcel Location:. No address on file f FIRST HALF - Pay or Postmark by April 30 Payments of prior year takes must include all Interest and penalty due. Delinquent payments TAX Tex interest/ TOTAL i received without interest and penalty will be YEAR Owing Penalty Full Half returned. See Treasurer Information link, ht(p://k , web statements _pkg:web_statement ?p in rp amL7jd 2/1112014 j I Tax Statement Page 2 oft UELAND TREE FARM LLC l Current:1 2014 $43.94 1 $:00 6A ,IPARADE Amount a` $43.94 NSW 2110 AUSTRALIA r Due: : ' s w ; bike Remittance Payable To Kltsap County Treasurer= 614 Division Street, MS-32 Port' Orchard „WA 96366?; V f J f _. hitp:// kcwppub2. co. kitsap .wa.us/pistilisiv/lis.generatc iveb_sla(ements_pkgweb stalemenl ?p in _ rp_aaA_id= 2310712 — 2111/2D14 IR014 Kitsep County Assessor's Property Report Page 1 of I Property Report Tax Account No. Process No. Situs Address 52401 -1- 004 -1004 310720 ------ " Property Class: 880- Forest land Parcel Information Tax Code Area: 18039 ## of Buildings: 10 Acres: 19.69 Jurisdiction: JUNINCORP. View Rating: Sec- Twp -Rng: 125 24N 1W Zoning: FIE Status: A - Active Neighborhood: 17401114 Last Inspected: 05/05111 Taxpayer Information Name: JUELAND TREE FARM LLC Mailing Address: 18A NORTH PARADE NSW 2110 AUSTRALIA j 1 I http:// kc% vppub2. co. kitsap. iv& us/ pWilis %vAis.online lis_infoskg.accl info ?p in rpece id- 2310720 2111/2014 Kitsap County Assessor's Sale History Page i of Sales History Tax Account No. Process No. Situs Address t 252401 -1 -004 -1004 2310720 _ 4, Sale Date: Sale Price: Excise Number: Instrument: Screening Code: 12- JAN -10 0 2010EX00132 Q 13- APR -04 4600000 2004EX03242 W 9 s , r 7 http:// kc% vppub co. kilsup. wa. us/ pisrllisw /online_lis_infoLpkg.sales hist ?p in_rp acct id= 2310720 2/11/2014 Tax Statement 'Pagel oft View: Receipts) on*file' i [Click here to Pay by Credit Card - 3rd pagy.fee applles] - [Cl ck here to Print] " "_ [Click here to Pay by E -Check - $1.00 fee] r ,,,, 2014 WEB TAX STATEMENT ��gppP�COYMt� ;'! :- ;l Green, CPA MAKE REMITTANCES PAYABLE TO: Pdnted:02/1112014 Kitsap County Treasurer `'.. 614 Division Street, MS -32 UELAND TREE FARM LLC Port Orchard, WA 98366 8 A NORTH FA RAD A USTR ALIA, Account Number •" For Informational Purposes Only •• .GENERAL'' TAX DISTRIBUTION Process Number 2310720 2013 2014 2624014-004-1004 IT expayer Name: STATE GENERAL $5.29 STATE GENERAL $6.21 UELAND TREE FARM LLC REGIONAL ' REGIONAL LIBRARY $ LIBRARY $1.07 Tax Property Description LOCAL SCHOOL $8.09 LOCAL SCHOOL $9.13 25241W COUNTY $3.01 COUNTY $310 LOT 2, PAGE 6 OF SEGREGATION REQUEST RECORDED UNDER COUNTY ROAD $4.061 COUNTY ROAD $4,17 AUDITOR'S FILE NO. 9605240200; THE SOUTH HALF OF THE PORT $.96 PORT $ NORTHEAST,QUARTER OF THE NORTHEAST QUARTER OF SECTION 25, TOWNSHIP 24 NORTH, RANGE 1 WEST, W.M., KITSAP COUNTY, PUD $.211 PU $.21 WASHINGTON. 2013 Tdat $23.6012014 Total: $24.82 VALUE INFORMATION FOR TAX 2013 2014 Current Taxes Land: $2,510 $2,510 AS SESSMENT 2013 2014 Improvements: $0 $0 Pi Weed $.24 $.24 $17.90 $17.90 TOTAL VALUE: $2,510 $2,510 FWmt Total $18.14 $18.14 TOTAL TAXABLE VALUE:( + Improvements minus Qualifying Exemptions) 2014 General Prope Tax + � Assessments = $42.96 $2,510 $2,610 TOTAL AMOUNT DUE: $42.96 Le vy Code 8099 General Levy Rate per $1000 9.8907 THIS ACCOUNT IS SET UP FOR AUTOPAY Voted Rate — 36.8 % Voter Approved First half taxes paid after April 30th will incur interest Parcel Location: No address on file plus penalty computed on the FULL year amount (RCW 84.56.020). Account Number: 252401 -1- 004 -1004 2310720 Parcel Location: No address on Ole SECOND HALF - Pay or Postmark by October 31 If you did not make a first half payment or pay the delinquent taxes listed, If any, call TAX Prev Interest/ TOTAL (360) 337 -7135 for delinquent tax, interest and YEAR Owning Penalty Full Half penalty due. Delinquent payments received without interest and penalty will be returned. Current: 2014 $.00 See Treasurer Information link. Amount UELAND TREE FARM LLC Due: $.00 8A NORTH PARADE NSW 2110 AUSTRALIA, Make Remillance Payable To Kitsap County Treasurer - 614 Division Street, MS -32 Port Orchard, WA 98366 Account Number: 252401 -1- 004 -1004 2310720 Parcel Location: No address on file FIRST HALF - Pay or Postmark by April 30 Payments of prior year taxes must Include all interest and penalty due. Delinquent payments TAX T interest/ TOTAL received without interest and penalty will be YEAR Penalty Full Half returned. See Treasurer Information link, hl 1pJ/ kcwppub2. co. kitsap .tYaas/plsfitisiv/lis:gener to web_stiiteroenls,pkg,%Yeb staleinent7p_in _ rp acc1_id 2111/2014 �. Tlx Statement Page 2 of 2 UELAND TREE FARM LLC Current: 2014 1 1$42.96 1 $.00 BA NORTH PARADE. t, Amount,: $42.98 NSW 2110 AUSTRALIA, - D 4 9:: - •, ,, Make Remittance Payable To Kllsap County Treasurer - 814 Division SWel, MS -32 ::r;, Port Orchard; WA 98386.'' a a , e , . � s t .. t P _ t ht tp:// k: cwppub co. kilsap. na. us/ pi s/ ilis%v Ais. getierate_web_statenients_pkg.aeb statemenl7p uLrp acct_id= 2310720 ylI/ZOIq 4 Exhibit 4 f 1 • .i I t' , , i' <'i o _ t '. _ F;r t o F .. �. � J d, -t •.a .. t' , i , t i I I I 1 ' i Chapter 17.300 FOREST RESOURCE LANDS (FRL) Page I or2 Chapter 17.300 FOREST RESOURCE LANDS (FRL) Sections: 17:300.010 Purpose. 17.300.020 Uses permitted. 17.300:030 Lot requirements. 17.300.040 Height regulations. 17.300.050 Signs, 17.300.060 Off- street parking. 17.300.070 Special provisions. 17.300.080 Other provisions. 17.300.010 Purpose.. The,primary land use allowed in this zone is commercial timber production and harvesting. This zone is further to discourage activities and facilities which earl be considered detrimental :lto the production and commercial harvest of timber. Residents located within or adjacent to .the forest resource lands zone (FRL) shall recognize that.they can be subject to normal and accepted forestry practices on parcels located within this zone. (Ord.. 367 (2006) § 7 (part), 2006: Ord. 230 -1999 § 2 (part), 1999) 17.300 ;020.Uses permitted. Uses shall be allowed in.accordance with Chapter 17.381 and Table 17.381.040(E), Parks, Rural and Resource Zones Use Table. (Ord. 367 (2006) § 7 (part), 2006: Ord.' 230 -1999 § 2 (part), 1999) 17.300:030 Lot requirements. Lot requirements shall'be in accordance with Chapter 17.382 and Table 17.382.100, Parks, Rural and Resource Density and Dimensions Table. (Ord. 367 (2006) § 7 (part), 2006: Ord. 346 (2005) § 1, 2005: Ord. 230 -1999 § 2 (part), 1999) 17.300.040 Height regulations. Height requirements shall be in accordance with Chapter 17.382 and Table 17.382.100, Parks, Rural and Resource Density and Dimensions Table. (Ord. 367 (2006) § 7 (part), 2006: Ord. 230 -1999 § 2 (part), 1999) 17.300.050 - Signs. Signs shall be-permitted according to the provisions of Chapter 17.445. (Ord. 367 (2006) § 7 (part), 2006: Ord. 230 -1999 § 2 (part), 1999) http:// tvww. codepublishing. eom/ dlSearch/dtisapi6.dll7emd=geldoc &Dodd= 248& Index= D9 43a% 5cProgram% 20Files %5edtSearch %5cUserData%5c WA %5eKitsapCou... 223/2014 Chapter 17.300 FOREST RESOURCE LANDS (FRL) Page 2 of 2 17.300.060 Off- street parking. ` Off - street parking shall, be provided according -to the provisions of Chapter 17.435. Y i (Ord. 367 (2006) § 7 (part), 2006: Ord. 230 -1999 § 2 (part), 1999) 17300.070 Special provisions. All plats, short plats, development permits and building , permits issued for land development activities on or within five hundred feet of designated forest 'resource lands (FRL), shall contain the following notice: The subject property{is within or near land in which timber production. and harvest activities are permitted and encouraged,'including a variety of activities which may not be corripatib with . residential use for certain.periods of limited duration. In addition to other activities, these may include noise, 'dust; smoke, visual impacts and odors resulting from harvesting planting,.; application of fertilizer's; herbicides and associated reclamation and.management activities. When perform ed in accordance with state and federal law, these resource'activities' are not subject to legal action as a nuisance. (Ord. 367 (2006) § 7 (part),`2006: Ord, 230 -1999 § 2 (part), 1999) 17.300.080 Other provisions. For other provisions, see Chapters 17.430 and 17.455. - (Ord. 367 (2006) § 7 (part), 2006: Ord. 230 -1999 § 2 (part), 1999) The Kitsap County Code Is current through Ordinance 512 (2013), County Website: http: / /www.idtsapgov.com/ passed December 9, 2013, and Resolution 1169-2013, passed ' T (http / /%fWwMtsapgov.com /) November 25, 2013. County Telephone: (360) 337 - 57,77 / (800) 825 -4940 Disclaimer: The Clerk of the Board's Office has the official version of the " 'Email the c6i5hty openline@co.kitsap.wa.us Kitsap County Code. Users should contact the Cleric of the Board's Office for ( mailto :openllne @co.kitsap.wa.us) ordinances passed subsequent to the ordinance cited above. Code Publishing Company (http://W"w'W.c6ddpublishing.com/) • i i hupJ/%%, ww. code .com/diSearch/dlisa curd getdoc& 2413 rode x= D ° / a 3a% 5cProgram% 20Files% 5cdtSearch° AScUserData %5eWA %ScKilc an (` nii , - 2nannt4 P Chapter 17.381 ALLOWED USES Page 41 of 69 Parks Resource Rural Use Parks FRL" MR ' URS RP" RR RW Dwelling, single - family X C X' C C C X attached Dwelling, single - family detached`° t4 _ X. C :X P P -P P r Guest house (1) X X X P P „ P >. -P . Home business (.1) (52) „ _ X . C X p - ACUP ACUP. ACUP ACUP (23) " Hotel/Motel X X X X X X X Manufactured =X �h6fnes C X P P P (43) , (43)'1 X' Mixed. use, development. (44) X i. X X X '' X : "X ' `` e-T 'X '` Mobile homes X P P P P "P P (43)., (43) . (43) (43). , Residential care facility X X X X X X X COMMERCIALIBUSINESS USES ` Accessory use or structure (1) (17) (51) P P P P P .P P Adult entertainment (1) X X X X X X X Ambulance service X X X X X X X Auction house ` X X X X , . • - X X*' X Auto parts - and accessory X X P stores, X. X X X X Automobile rentals X X X X X X X Automobile repair and car X X X X X X X washes COMMERCIAL/BUSINESS USES (continued) Automobile service station (6) X X X X X X X Automobile, recreational X X X X X X X vehicle or boat sales Boattmarine supply stores X X X X X X X Brew pubs X X X X X X X Clinic, medical X X X X X X X Conference center ACUP X X X X X X htgrlhvww. codepublishing .conJdtSearch/dtise . g 280 Index D% % %20Files %Scdt Search %5cUserDate / %5 inin6m Chapter 17.381 ALLOWED USES Page 42 of 69 Parks, .. Resource, Rural dr . Use fi Parks , ERL' MR•' ' , U RS RP RR RW Custom art and craft stores X X X X X =X = X ACUP ' F Day -care center (14) (X) X, X C G, . C X ` (79) Day -care center, family (14) X X° X- ACUP r P" ". P '`'" X ' iz Drinking establishments X X X X Engineering and construction offices X X X: X X X X Espresso stands (58) X X X X X Equipment rentals ` X X X X X X X Farm and garden equipment X X X X X_ X X and sales, Financial, banking, mortgage X X X X X X X and title institutions General office and bIF F management services — less X X. X X X X` X than 4,00q s.f.` ! General office and management. services — X X X X X X X 'P: S.i S : r ?•7. .. r 4,000 to 9,999 ,s.f. i General office And 4::; management services — X _x X X X X" X` 10,000 s.f. or greater C General retail merchandise stores — less than 4,000 s.f. X X X X X J ,, X General retail merchandise"" ?,� stores — 4,000 to X X X X X X X , 9,999 s.f. - i General retail merchandise X X X X X. stores 10,000 to 24,999 s.f. :X X z "••4; General ,retail merchandise X X X. , X X: X X stores — 25,000 s.f. or greater r Kennels or Pet day -cares X X X> C s C C X' ( ( Q?) Kennels, hobby X X X P P P P I lin hvww. code ishin com/ dtSearc /dtisa pi 6 .dll ?cmd getdoc&Docld= 280 Index= D k3a% ScProgmm% 20Files% 5cdtSearch% 5cUserData %5cWA %ScKitsa 2/23/2014 ! Chapte!,17.381 ALLOWED USES Page 43 of 69 Parks, Resource;' Rural 4 - Use., 'Park's F.,RU MR ` URS RP - RR RWE Laundromats and.laundry s services X X X X X X ' X Lumber and bulky building..X< X' X X X. , ~ material sales X X COMMERCIAUBUSINES$tUSES '(continued) iv . 't tz Mobile home sales X- X X X �.�r X..:. X'' X Nursery, retailfi X X X C y =SIC -, Nursery, wholesale X X X P. P P. - llp '- Off'- street private parking ._. _ facilities X X X X X, �; X X. t Personal services — skin _ care, massage, manicures, X k . X x X X-t ' X" hairdressddbarber f Pet shop - retail and =r'i 4; grooming X X X X X - X X Research laboratory X X ; X :.X '° X =; -` X'' Restaurants X X 1 X. X. X Restaurants, high- turnover X X X X XX -Y X X" Recreational vehicle rentals X` ; X X X Temporary offices and model t homes 27.:) X X X X ACUP= ACUP 'X' ( Tourism facilities, including Y outfitter and guide-facilities X X X X X . X Tourism facilities, including seaplane and tour -boat` - X X X X X terminals Transportation terminals X X X X ,,. , X X X Veteriniary clinics /Animal C ,x . C X X X i C X hospitals , (g) 1 RECREATIONAL/CULTUR'AL USES _ Accessory use or structure P P P P R, P P Amusement centers ACUP X,. 'X. X X X X' Carnival or Circus ACUP X X X X X X httpJ/ www. codepublislung .eom/diSearch/dtisapi6.dl l ?cord= getdoc &Doeld° 280& D%3aYo5eProgram9L20Fi les %5cdt Search %5cUierData %5cW A %5eKitsanCou... 2/23/2014 Chapter 17,381 ALLOWED USES Page 44 of 69 Parks .:-Resource Rural Use Parks FRL MR URS RP , RR RW Club „civic or social ACUP X X X ' (12) (12) i (12) Golf courses ACUP X X C C''` C” X `; _(12) (12) .(12) Marinas, ACUP, X X X x X , Movie /Performance theaters, - r indoor X X X X X X- X Movie /Performance „theaters, . C X X X X X` X outdoor r . hT k , , Museum galleries, aquarium r ACUP X. 4 X X X X X ' historic or{cultural exhibits Parks,.and, open space P P P P 'P P P:' Race track, major C X X X X ~ .X X r (12) RECREATIONAUCULTURAL USES (continued). ; Race track, minor . C C C k' X X ” X C ' w (12) (12) (12) (12) Recreational facilities, private ACUP X X C C C'' C (12) (12) (12) Recreational facilities, public ACUP ' X X ACUP ACUP 'ACUPv 'C Recreational vehicle camping ACUP X X X C' °C i parks (46) (46)1'i' `(46) Zoo X X. X X X' INSTITUTIONAL USES Acces'sory:use or structure ' (1) (17) (51) P P P P P P P.. Government/Public - structures P X X P AGU I ,ACUP X Hospital, X X X T .X. X ' . X X w C C ' C` Places of worship X X X X (12) (12) (12) Pnvate or public schools (20) X X X C C C X Public ° facilities, C transportation and parking P (5). C C G' C .. ° C facilities, electric power and http: /hvww.codepubi ishing.com /dl Search /dtisapi6.dll ?cmd= gctdoc &Dodd= 280 &l ndea= D% 3 a% 5 cProArani% 2OFiles% 5cdtScarch %5cUserDBta %5cWA %5r,KitsavCou... 2/23/2014 Chapter.] 7.381 ALLOWED USES ' ' r Page 45 of 69 k Parks -,,- Resource Rural i use" Parks FRL MR URS RP �' RR RW natural gas utility facilities, M 1. i substations, ferry-terminal's', and comniutef park -and -ride lots (16). INDUSTRIALMSES Accessory'use or stfUu tune Air pilottrainilg schools` X X X X Assembly'and packaging P-.. X- X , X X X X X opera ions _ Boat yard' X X X X� r , '4: X� X r. a.. X Cemeteries, mortuaries, and i `c crematoriums.(10) "- X X X C C 'C C 1 Cold storage facilities X" X X, X X, ,F X X Contractor's storage yard Jz ` . _.! C'! (21) X X - ACUP X (12) C': `(12) X . Food production, brewery or X! ` ,X .X X X X X distillery Fuel distributors X' X'" X "X X X" - Helicopter:pads ('13) . X ,X- X:� X' {X , X < Manufacturingand' X+`' fabrication, =aight ;F = l X X% X X Manufacturing:.and - fabrication, medium ' X` X` X X X X 2 X Marfufacturingrand _. falirication,� heavy X X X X X' Manufacturing'and X. X X X X ' X X fabricati&,'-`Naza�do" r INDUSTRIAL USES (continued) Recycling - centers X X X X X X X C C C Rock crushing X (39) (39) X X X Slau§hterhouse of animal X X X X X • }L. X SFr. X processing Storage, hazardous materials X X X X X r:' X X'; htto:/ ti " Y% Y. r.ode com/ diStarch /dtisai ?cmd= eetdoc&Doeld lndea= D% 3a% ScProemm% 2OFiles 9' Sedl. SPArCIi /nSrllcPrllalpo/ScWAOK'Wit —;rl n 'MIMu Chapter 17.381 ALLOWED USES Page 46 of 69 Parks Resource Rural Use Parks FRL MR URS RP��" ,:RR RWt ~ Storage, indoor X X X X >X ', X j X Storage, outdoor X X , X X r _ ,X - X X Storage, self - service X X : X X X :, X ix { µ Storage, vehicle and X .X "' X r. equipment (1) X X X X ( (18) :; {18) , Top soil production; stump X X C X C C 4 }`a grinding {22)''' °(22) , Transshipment facilities, including wharves X X ,X X X .' ~• X X manne,,rails, cranes, and facilities f } Uses-necessary for airport ns operation such as runways, ' hangars, .,,fuel storage X X "X X X ~' # X X. facilities,„'control towers, etc. ri C Warehousing and, distributio' X n X. X X X X - X Wrecking yards and:junk F X X z yards (1) X X X1 X X r [ �+ # RESOURCE LAND USES Accessory use or structure P P P P P : P P r N ( ( Aggregate extractions sites ' X P P X C C C _ (4) ` P , P'.. P p ., Agricultural uses (15) X X P P :. F (79) (7) (7) (7) _# Aquaculture practices P X X C C C C w t} P Forestry X- P P P P P P (79) Shellfishtfish hatcheries_ and processing facilities °, X X X X X X X j (Ord. 511 (2013) § 6 (Apex. E § 4), 2013; Ord. 495 (2012) § 12, 2012: Ord. 493 4, 2012; Ord. 484 (2012) § 2, 2012; Ord. 479 (2011) § 2, 2011; Ord. 467 (2010) § 8 (Appx. B ` • - i r f hl tp: //ivww.codepublisliin Search/ dl i sepi 6 .dll ?emd aetdoc Index= D% 3a% 5cPmeram% 2OFil es% icAtScarc.h %5rllcernnfaOYSrWA� /cpVit— .r.,, omnn#d kITSAP COUNTY C r Ej /1 v httC T:! ecaa. todepublish (ng.comj�:la;laksalxx_�kw ;v �1 I i'� X') �' Delta Search =I F% Edt V Favodw Took Help — Favorites i °'= 99esked Sites } Free Hotmal Cat more Add-ons tc) WW COLOM - CODE - _ • - Paq- - Safety Took - . 7.382.100 iS@3fCl'i1 _ ^Y Kitsap County Code 402 (2007) § 2 (part). 2007) 17.382.100 Parks, Rural and Resource Density and Dimensions Table. Parks Resource Rural Standard P FRL MR RP RR RW URS Base: 1 du/20 Basa(Maximum density (du/acre) NA NA NA NA NA acres NA Max. acres duf5 acres (35) Minimum lot size (acre) (39) NA 40 (30} 10 5 (35) 10 Lot width (feet) , NA 140 (30) 140 140 140 140 Lot depth (feet) NA 140 NA 140 1 140 1 140 140 Maximum height (feet) (40} 35 35 N A 35 35 -35 35 (17) {1) (2) (2) (2) c-;- - - neially Front (feet), (41) (42) (43) 0 ( 29 ) . NA (2 (54). 9) (29) (29) (29) 20 feet: 5 feet '20 feet: 5 feat Side (feet) (42) (43)' 10 20 NA for accessory for accessory 20 5 4(29) structures structures -(29)' (29) (29) (29) - V.I e K'�,klj AP COI)NTY COVE Windows Inferml Explorer ® L�Ma 0 �i FRIf =f�l A I UI � � ht!:': j; . w:; �:. codeplr bashing,com��tialktcapce+n^.�fj �Y 't'f X DaitaSearrt; (� Tie Edit Vow Favark Tools Help =;�r Favwtes 0 uco?sted Sites • jji Free Hobnail J] Get more Add-ons - C� CTSAP COUNTY CODE { ® Lj) - Page Sdety - Tools - (�• » 17.382.100 Search; ; , , , 114 kzo Kitsap County Code Base: 1 du/20 ^l Base../Maximum density (du.iacre) NA NA NA NA NA acres 14A Max: 1 duly acres (35) Minimum lot size (acre) (39) NA 40 (30 10 , 10 5 (35} Lot vAdth (feet) NA 140 (301 140 140 140 140 Lot depth (feet) NA 140 NA 140 1 140 140 140 Maximum height (feet) (40) r15 � 5 NA 35 35 35 35 �Seffiacks;�GederalIy,:34)'(38)' 20 Front (feet) (41) (42) (43) 0 54) (29) (29) (29)' (29) (29) f, 20 feet: 5 feet What: 5 feet Side (feet) (42) (43) 10 NA ZO for accessory for accessory 20 5 (291 structures structures (29) (29) (29) (29) 10 20 feet: 5 feet 20 feet: 5 feet 20 for accessory for accessory 20 5 NA Rear (feet) (42) (43) 0 (29) structures structures (29)' (29) (54) (29). (29) S�e168dcsFo[ QgriCUlbilial Stniewresi( 2 e — F ront yard (feet) ( 50 NA P A 50 50 NA �ftt00% a t r< •, Exhibit 5 " vA, t _ , Kimp County Assessor's Property Report Page t of i f r fe Property Report Tax Account No. Process No. Situs Address 192401 -9= 004 = 2004`$ ' 1 1155415 - 1 O ADDRESS }FOUND'•- ,.. . _ .� ,_ .•- ` Property Class: 910 - 'Undeveloped land t� Parcel Information ,Tax Code Area: 0195'` ` `` - ' # of Buildings . 0 ;,; ! Acres 35.48 Jurisdiction:,: BREMERTON View Rating: Sec- Twp -Rng: 19 24N 1E Z6mne Ci ; ¢. Status: A "- AcHve Neighborhood: 19402392 Last Inspected: 05/0$%13 Taxpayer Information � ` ' . �` • ;U. - t Name: BOMERTON WATERSHED Mailing Address: a ,: _.,.. f I I http : //kctvppub2.co. kitsap .iva.us /pisriliswllis.online -lis info _pkg.acct_ info ?p in_rp_acct_id= Ii554i5f 2/11/2014 Tax Statement Page I of 1 View: Receipts on file [Click here to Pay by Credit Card - 3rd party applies] t [Click here to Print] [Click here to Pay by E -Check - $1 fee] �ge►r.aoug ;d h R.=Gredn; Meredit CPA ; 20 WEB TAX STATEMENT MAKE REMITTANCES PAYABLE TO: - pdnted 02/11/2014 Kitsap County.Treasurer. - _ .614 Division Street, MS -32 Port Orchard, INA 98366 BREMERTON WATERSHED Account Number " For Info Purposes Only �• _ GENERAL TAX,DISTRIBUTION Process Number 1155415 7, 2013 ' 2014 - 192401=4 -004 -2004 axperyer Name: 2013 Total: y , : $.00 2014 Total 4.00 REMERTON WATERSHED_, T Tait Pioperly Description: 19241E ri SE 1/4 SE 1/4 EX 4.35 A TO USA EX PT LYING & W OF BANGOR RR RAN ALSO THAT PT OF NE 1/4 SE 1/4 LYING S & E OF FOLG °DES LN BEG AT SE COR SEC 19 N 1 "42'4D E 1324.40FT N 89`47 W 650.49FT TO ELY BDRY OF EXISTING RR RN11 THE TPOB NELY ALG SD BDRY 1310.16FT TO E LN OF SEC 19 VALUE INFORMATION FOR TAX t 2013 2014 Land: $343,200 $343,210 Current Taxes Improvements: $0 $ 0 A SSESSMENT 2013 2014 TOTAL VALUE: $343,200 '$343,210 Asmt Total $.00 $ TOTAL TAXABLE VALUE + I mp ro vements minus Qu alifying Ex emp ti ons) 014 General Property Tax + $o $o ssessments =•$.00 Le vy Code 0196 General Levy Rate per $1000107 2.42 TOTAL AMOUNT DUE: No Taxes Owing r cnck here for L qvy Inf o rmationj First half taxes paid after April 30th will incur interest Voted Rate -- 33.4 % Voter Approved plus penalty computed on the FULL year amount (RCW 84.56.020). Parcel Location: No address on file htipJ/kcwppub pis /ilis%% web_ statements _pkg. ?p_ r rp act id =i 155415 2/1112014 Exhibit 6 i .f • iii f i p r i E • E ' p i Chapter 20.96 CITY UTILITY LANDS (CUL) Page, I of Chapter 20.96 CITY UTILITY LANDS (CUL) Sections: 20.96.010 INTENT. 20.96.020 OUTRIGHT PERMITTED USES. 20.96.030 ACCESSORY USES. 20.96.040 - CONDITIONAL USES. 20.96.060 DEVELOPMENT STANDARDS: 20.96.080 PARK! NG'REQUIREMENTS. 20.96.090- LANDSCAPING REQUIREMENTS. 20.96.100 SIGN STANDARDS. 20,96.010 INTENT. The-intent,of the city utility lands (CUL) zone is to preserve resource - related functions of land, and to protect watersheds and timberlands. The CUL zone is also intended to ensure healthy forest cover and provide habitat for wildlife. The zone will accommodate some limited commercial and recreational activities, which adhere to a high standard of environmental best management.practices, and low impact development. (Ord. 4950 § 8 (Exh. A) (part), 2005) 20.96.020 OUTRIGHT PERMITTED USE_ S. The following uses. are permitted: (a) Educational and resource activities compatible with forest resources; (b) Forest and wildlife management activities and forest practices; (c) Groundwater development and aquifer protection; (d) Hydropower activities and facilities; (e) Public utilities functions and activities, and nonresidential structures necessary to execute such functions and activities; (f) Wireless telecommunications facilities per BMC 20.46.140. (Ord. 4950 § 8 (Exh. A) (pa part), 2005) 20.96.030 ACCESSORY USES. The following accessory uses may be permitted: (a) Caretaker's residence associated with a permitted use;, (b) Temporary quarters associated with a permitted use. (Ord. 4950 § 8 (Exh. A) (part), 2005) 20,.96.040 CONDITIONAL USES. The following uses may be permitted, provided a conditional use permit is approved pursuant to BMC 20.58.020. The conditional use permit may allow modifications to parking, landscaping and other development requirements necessary to mitigate environmental impacts. (a) Residential development, provided: (1) The project consists of attached or detached single -unit dwelling units, townhouses, or senior housing complex; (2) The location does not interfere with City public utility functions and activities; (3) The location is adjacent to an existing recreational or residential use; bt(p: / /www,codepublishing. con/ diScareh/ dtisapi6. dll? cmd= getdoc& Docld= 236&Index= D°/. 3a°/. 5cProgram% 20Files°/, SodtScarch %ScUserData %5eWA %5cBremerton:;: )/ ?R /7ma Chapter 20.96 CITY UTILITY LANDS (CUL) Page 2 of 2 r (4) Sustainable development and best environmental management practices are employed to minimize environmental impacts such as: (i) Low impact stormwater management and natural drainage; (ii) Preservation of signihcant trees; (iii) Clustered development; (iv) Minimization of impervious surfaces; (5) Maximum density shall be ten (10) dwelling units per acre, except twenty (20) dwelling units per acre for senior housing complexes; (6) Development standards per the low density residential zone, BMC 20.60.060(a) (2) through (d) are met; (b) Passive outdoor public recreation such as trails, provided: (1) The location does not interfere with City public utility functions and activities; (2) The location is adjacent to an existing recreational or residential. use; (3) Sustainable development and best environmental management practices are employed to minimize environmental impacts such as: (i) Low impact t - stormwater management and natural drainage; (ii) Identification and preservation of significant trees; (iii) Minimization of impervious surfaces. (Ord. 4950 § 8 (Exh. A) (part), 2005) 20.96.060 DEVELOPMENT STANDARDS. Development'standards for conditional uses shall be pursuant to the criteria set forth in BMC 20:96.040. (Ord. 4950 § 8 (Exh. A) (part), 2005) 20.96.080 PARKING REQUIREMENTS. Parking shall meet the standards of Chapter 20.48 BMC and the requirements: (a) Parking may not exceed two (2) stalls per residential dwelling unit; (b) On-site parking requirements for a permitted or a conditional use may be reduced by up to forty (40) percent, provided it can be demonstrated through a parking analysis that the reduction would decrease impervious surface area, and the reduction would not cause parking to spill over into adjacent areas. (Ord. 4950 § 8 (Exh. A) (part), 2005) 20.96.090 LANDSCAPING REQUIREMENTS. Landscaping shall meet the standards of Chapter 20.50 BMC, except landscaping requirements may be modified or reduced if it can be demonstrated that such modifications or reductions preserve existing or native vegetation. (Ord. 4950 § 8 (Exh. A) (part), 2005) 20.96.100 SIGN STANDARDS. Signage shall meet the standards of Chapter 20.52 BMC. (Ord. 4950 § 8 (Exh. A) (part), 2005) l The Bremerton Municipal Code Is current through Ordinance 5238, City Website: http: / /www.cl.bremerton.wa.us/ passed December 18, 2013. (http: / /www.cl.bremerton.wa.us /) Disclaimer: The City Clerk's Office has the official version of the Bremerton City Telephone: (360) 473 -5323 Municipal Code. Users should contact the City Clerk's Office for ordinances Code Publishing Company passed subsequent to the ordinance cited above. ( http : / /www.codepublishing.com /) f htip:/h vww. codepublishin& com/ dtSearchi dtisapi6.dll ?cnid= gctdoc&Docld- 236& Index= D% 3a% 5cProgram°/a 2OFiles %5cdtSearch %5cUserDala %5cW A %5cBmmwrton.,. 228/2014 1 ' i ' * b , s . i. � ., . � � I >. — I 1 �i � � . ., � L p q - li . , - � ».Yep . a a �[.... } !i opl ^. i i ly. ' . . .' F ,.t a �� � � I t ' i � i ;I ' :F. 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J F � '� � � , • * I I I ,c, �, , (�', � -- ,� -., .� - �r r ,. .d1' � 'r �r •: Q Y J: .p � w " ,:J `•--1 vr' t`�.iY�' � ON r T _ - . -� .v-� � �'r�, ,'F '.�° k r� �''� I IS -- -J, � «,'i�'� ~ I� _ -. l9 , J `'r� �fs• r'Q�'�� - I_�:s :,.�( -.� �.;✓,`�' �?'�.x'� .r- ` =m— >._— s.�.,. ..- �r -���:_ _ w /.•1 ^��. s"'_i �'� !. t 'fl? /.b Sys ,e�-iv MWC WAL U'CtLMOS s LOUS MELD MR, MAYOR C .r..wy 4, M. Ofy.gin, rl H,mre1 e�{e iyx _�'u..d M.al sE�yo,d OcLuber 12, 1992 Mr. Lee Erickson Puri. Blakely Tree Berms 12607 265 Lb Ave. S. It. Muarue, 'RA 98272 Dear Lee: - propose purchsai�g the b' el ''ow'd'e�ertbcd' own�d'by Port Blakely; 1) 91 sectlon 29, Township 2•(. North, Mole 1 East . lying went of the U.S. Navy railroad right -of -way (approx. 280 acres) 2) E1/2 S131 /4 Section 24; NF1(•i f F:ll.: tie,::.avn 2� :To..nshi, $d Sor4h, Rangc 1 kcse- (approx. 120 acres 3) $1/2 SW1 /4 Section 13, Township 24 North, Range 1 West (approx. 83 acres) A map copy is attached showing locations in relation to utility ownership. The first. two psrcal,e..lie withirL_ the hy3rologic,_botu:dary :of jleink _„ _ Creek and the third parcel within the hydrologic boundary oP the Union River, Both these stream systems are water supply areas for the City of Bremerton. To Satisfy federal and state requirements for waster purveyors., it is adveatageousti for the Utility to own the land within its water supply area. Arrangements for lend and timber valuation or retention of timber rights can be disausaed and,mstuall. agreed upon. I appreciate your consideration of this proposal. Please contact we in regards to this at (206) 448 -x833 or 478 -87:8. Sincerely. Bill McKinney Forestry Supervisor 2WOLYejMx Tjwv1 •. RRHWFR1OK WA n9 "7x • t206S a i-M& - awai..o...c..u,.. ON k : ", ° �9 d . 7 Pp" .r��7'•, c¢ 4r ,.� � 1^* $ �,& �, a t �.: a t y ��y` Jrrx 'i:.; "�. ".3>;:; Y'ie 4 . L.,4 ' £..ie. 1a �� "�.a re1.;•' *: f �� ��lh '"'EiyY �" (, p :v;7 f°,� `(�.!p..,Y,� �„� `�:: .t. / ^'� l r1,4 �•.. Y2''.. t( T�„ ;�. .. ,t yc�( .. k �f;.9•f�'' �"f 5. @a`fa71a �`.�� e� � �` - � � ...5 ` � F ' & �W.h°JUr•.. ,j t a ; w� F,:.. ,,.,�'. �:,�� � ih t�l .�.` .. . - °h ^ ` . �¢"� .,S,.raV .+, w" •y: '�„i•% p) , . I t (( r ?,y ° i, , - ( � L.. _ ..sit, n.. .gt� " > Y l -e :}Y... i' i '!' Y.. °•�.� f?;t �-,��, "�� 9� >'Tc ��� � ^'�•• ,�'fi '• - i;'� -' r.•,�. i� o. � , �� r�. tt �:+ ; � �A ��. g!+�'3•'C Q� dy1�'� y� . � y �h 1/ / i a� �t "k'. <t+ �� }: ^ Y�ji �l �' �? >^` 'y: +� ,�'!✓ 4 r � ,` W�,�ti�� `• -,`j"' `r•���,£��. .i 1�. � �' � r Y�'��s'`��a �'i�' � 1" / t ,� .�,�;:,•" ° •r'. 6,. 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AY,. ,.�t"'�y r `� ,�yr �tf" "I?'i•^i;•y.jR--ccl`, `6` 1 ,.T /'t�`:� {fit r �°., �]z' % - _..L�_- �,esn>u���.';?`: Z-.. ; �1 �`�'� a \�• , 'a •... - G: _ ' i � �r �i �� ; � . ate._ '` , i4 , .'�`t_a>` " -'i CONSIDERATIONS FOR PROPOSED CITY /UELAND TREE FARM LAND EXCHANGE UTF Parcel Acquisition • Previously identified for Water Utility acquisition • Blocks City ownership • Within X mile of Union River Watershed • Reduces property line perimeter • Net gain in total acreage ( +4 acres) • Net gain in operable forest lands • 25 year old well stocked primarily conifer plantation • Access from existing roads under forest management easement • Overall, long -term benefits based on forest management land use City Parcel Surplus • Not use as part of the water supply since 1979 • _ No plans for reactivation of the Heins / Gorst system • Does not provide protection to the Union River Watershed • Current utility easements will be maintained • Forestry and land use activities regulated by City's Critical Areas Ordinance and Department of Natural Resources forest practices regulations • Retains the City Utility Land zoning designation From: Lori Smith on behalf of City Council Sent: Thursday, April 10, 2014 11:31 AM To: City Council Cc: Patty Lent; Roger Lubovich; Leighann Denton; Christine Grenier Subject: April 16 Council Packet Additional Information for Item 10(A) "PH on Resolution No. 3217" Attn: Council Members The e -mail below with the appraiser's comments will be included in the Agenda Bill for Item 10(A): "Public Hearing on Resolution No. 3217 to authorize Land Exchange between the City of Bremerton and the Ueland Tree Farm ". Lori Smith Legislative Assistant Bremerton City Council (360) 473 -5280 From: Bill McKinney Sent: Thursday, April 10, 2014 10:30 AM To: Lori Smith Cc: Chal Martin; Milenka Hawkins - Bates; Ken Donleycott Subject: Study Session Follow -up Lori, 1) City /Ueland Proposed Land Exchange Councilman Runyon commented on differences in the appraisal prices and those of the County Assessor's Office. Don't think we addressed directly, but this is what the appraiser told me afterward: County Assessor's values are based on a broad based values of "somewhat similar properties" — properties are not individually appraised to capture specific characteristics of an individual parcel — so they tend to be high. This is especially true for non -taxed land (such as City property) that has never had the assessed value contested, as what a landowner would likely do whose property is taxable (such as the Ueland parcel). An individual appraisal for a specific property, such as what was done for both the City and the Ueland Tree Farm property, is a more detailed review and yields a more accurate, realistic value. Please convey this as you think appropriate. Thanks. Bill 1 Wetland Deluveation and Stream ldentrficai n Report k ,' i Ueland Tree Farm : Mineral Resource Development Ueland Tree Farm, LLC •_ t 9' ,# SX' a. s �a #., p a ��� � .,�J � E' i ka, a', *4q[ '`!a a ?�7r i"'�: i�r`�' .. SX^D''N Sw$R3 �.''' ''*�* b afi "�` P' n• rF��a , 1 4 SUMMARY OF CMICO "CREEKSUB BioiSIN ASSESSMENT �F li This Chico Creek Sub -Basin Assessment�(Parametrrx 2007x) was prepared toroassist` UT F in I 7k developing project plans reflect natural resource values, and potential limiting factors $ # �w�thindthe Chico Creek watershedThepurposeof the sub basin assessment was to review existing, watershed data to rcharacternze natural resources, �dentify�ex�stmg �condrtions and bj describe uniting factorswrthin the �,property the UTF site The sub -basin assessment "identified general, parameters that, are recommended for use n,plann>ng arid. far. M . -desi of future rp ectson the <si e F 3 .,. Approximately 1,316 acres of the project �stte iswiriw the Chico Creek Fwatershed, with the- r } r,remalnmg acres of theipgject s teAn the Gorst Creek watershed The 1,316 acres of the pro3ect site comprise 12°6 percent of the total Chico Creek watershed The ro ect site ,r i ,� z ' x... ,� . r'" r # r r"`" fi t C' T .p _J compnses�,ra pproximately� 7 ,percents of ttexGorst ,Creek watershed, which= covers 7,1 approximately 5 760 3 7 1't 4 /F s�+k � {( > k l' f� � 5Y. T t F i .4 �, W The Chico' Creek watershed �s divided tntor five smaller sub = basins ,� Chico, Wildcat, Lost, 'k 'd and "K creeksTlie UTF property resides within tlie�Ch�co, Krtsap Lost and w, Dickerson sub basinsTheUTFproperty resides almost'}entirely wrth�nthe D>cker "son sub- basin; which has a :relatively high number of wetland areas The SD�ckeTSon Creek *'suti =basin begins at is confluence with Chaco Creek and mclud'es approximately four main tributaries x ` ...T,he HemztCr`eek'�sub basins.located �nthe Gorst Creekwatershed,aridstrs id `o ` ;# tr�butanes ' hat, ultimately dra into 'H �nz L uke -, The Y enrire southern portion `of Ythe :UTF as e n v .3 r' ' y 5 ,prope Aisjwithm this su sin rnot� nclud�ng the lake itself Various intermittent streams _and`wetlands are'also�assoc�atedwrth this `sub- basm'HemzLake �s connected =to Alexander:.':_ f;. , .q:'z ,er.... «,}`"H' +`'""h �'f ?y:a kr s,P '., t.si , r,!.} i.P,*, ;. Lake by an mterm�ttentntnbutary, and rAlexander Lakeg ischarges to;Hemz Creek:.which: zm � s+ . :. ' " s f ° `�Y r, " 1'e+i'w5"y' eventuA lly discharges to G orst Creekand ultimately Sinclair Inlet " �a� :r'`� � .,._..., o, �r The sub basin assessment focus on dent ficationioFlim►t ng # factorslw thin "watershedrand Y g „ �y the boundaries of the UTF site ,Lim>t ing�, a to conditions that lead toKa loss or:, 'V )r K r� ,-trn� A ,1�'�3 S�ic orb �,'`, * .r r"�,.;'ik'+y.u'�,x',�,r,� ; - w,r 'r c 'Y` ` - �'�'.i '�`6� �.`tY.,,....; �reduct>on of,the environment sfish n Y roductton otent>al, excludm rharyest „oruex lo>ation: f .oc�' F e� E.. h ^ ,roc ,:..'y. ��' a> fin' {p .:. m, 4 J� .;F';o� '.t ` xv k.,” :' ° } %..-"°p Y K..r,,: sr _ They include only those conditions presently consl.cdered,alterable W1thm the Chico basin, � m.,:.€k'kr7?n.'4 ,a.+...R �R ",. `.. ,, , ::ai... ; r' 'a r qFi :.: ? :. r ma3or llm>tmg factors consist ofseasonal flooding, low summery flows,< intermittent debris or �� r t n, beave`r`dams, and water "obtems m tle�aceas Hof con�centrafedzland`develo' ments and sa 3 t S �, ,� itte " < P Yt $ 7 s k i s: ,y, r, o } s'6 t h t ^n� $� P 3 ? f g � mayorsmanne acttvsrof'th esm etropolitan centers �� M WN 1 4" ` x ,e; V + s:'3� :; >,` ".U xv ,G� k<., r' 5 ",.:' a: r i ; y The sub ubastn assessment concluded that the thw,development for kf thex., "ate to'ctiant es m ue etation' and ti k t rel h droloy assoclated�potentialimpacts to Ch�cok 3 -e lK xb 0 ,SCa Y Z K,. f t A=. pxt: +RsF,^ .Y L ,'5 .a 6 k ee, and its tnbutaries and Aldlife that utrhze the site P rotect plann>n and desi>;n was z therefore recommendedtomclude site specific ' tocharactenie';crrtical areas (wetland§ z' streams; aquifer; ' recharge 5 areas,, w�ldhfe �hab� at and ster slo es �ncl`ud�n ,!r y �'-t..7. ,.:. w, rr,2*{�.._`., -,€.. s.. A ` ' �" :« i�''j" `.'..u' ,,F.,,:°�,ra,. ;{r Pa ,-) ' ' location, and function and value,; as;appLcableTh�s�mformation��s� .then to combined. with; EC'y ..a dh6 f- s ,� -, 'S, i.:? �, the BMP technwaY guidance; as'well as input fromstakeholders andregulatory `agencies, to guide preparation of�development,plans that prevent erosion and sp imentation,'and maintain; r t M k current stream flows temperature water quality r S SITE QESCRIPTION: j The UTF site is z located em Sections 12, 13 :24, and 25_Townsl5u u 1 4N' Rari' 1 W and y° } z „ q '"n 7 +ky r art.n 4 ai 7: ., W ; .,.g " f Sections 7 18 and 19 Townshi ; t p 24N, 4Range l E The project sarea resides within the Chico rw .� 5#,k k . 1 and :Gorst tCf. eW tersho y withAlid� ma ort of�athe p rop p e in' :the Dickerson Creek sub - �.�.(,.:�. �' .,t: .:t rb .x„"r `,�,�.,�`lrnx ><,�. ,'_:. y �.'.ur: . f , =basin w Th�s sub basmts located; 1 n . the• Chico -Creek` watershed(Water Resource'Inventory �'' ' `as K, �� �M � t `,�w,� 4r �r�y s - / ,� a 'v',•H t 1_5. .. Chapter 4 Surface Water Figure 4 -1 Example Dickerson ..reek Hydrograph for WY 2004 Annual D*Wwms•. skean. Maxim m. Minim= 180 14 , 120 too ao 40 ao ' - thy 04 Dac 04 Jan 05 Feb 05 Mar 0S Apr 0 5 5 Slay 05 Jun os " 44015. Aug % Oct 04 Nw 04 Source: KPUD, 2008. 1 . This rapid runoff pattern is likely a result of limited soil storage and relatively high topographic gradients in the basin ( Parametrix, 2007f). Shallow soils over bedrock and glacial till soils will tend to promote rapid surface or shallow subsurface runoff rather than infiltration and percolation to deeper aquifers. For more information, see also Chapter 2 Geology and Soils and Chapter 5 Groundwater. DELINEATED STREAM SEGMENTS The site specific investigation identified and mapped 14 stream segments, including mainstem Dickerson Creek. These stream segments are tabulated below, with basin and immediate receiving waters noted. Table 4 -1 Delineated Stream Segments on the UTF Site SEGMENT BASIN NOTES Dickerson Creek Chico Creek Main channel flowing south to north Unnamed tributary flowing out of the northern S1 Chico. Creek property boundary directly to Wildcat/Chico Creek S2 . Chico Creek Tributary to Lost Creek S3 Chico Creek Tributary to Lost Creek S4 Chico Creek Tributary to Lost Creek S5 Chico Creek Tributary to Dickerson Creek near the north F property boundary S6 Chico Creek Tributary to Dickerson Creek flows through the old surface pond _ Tributary to Dickerson Creek that drains t' S7 Chico Creek Wetland 6 Complex Main tributary to Heinz Lake flowing into and S8 Gorst Creek out of Wetland 11 T S9 Gorst Creek Tributary to S8 that drains Wetlands 13 and 15 S10 Gorst Creek Flows north to S8 _ S11 Gorst Creek Flows north to S8 . S12 Gorst Creek Flows north to $8 S13 Chico Creek Drains Wetland 1 off site to a series of _ I depressions to the northeast. Source: Parametrix, 20078; ESA Adolfson field verification, October 2008. Deland Tree Farm Mineral Resource Febraury 2009 Development Project Page 4 -3 Chapter 4 Surface Water and Wetlands 4.1' INTRODUCTION This chapter discusses existing surface water and wetland resources in the project area and potential impacts to these resources and their functions resulting from the development and operation of the gravel and rock quarries. The UTF site lies within Water Resource Inventory Area (WRIA 15), which flows to a series of inlets in the west - central portion of Puget Sound. Surface water resources on the UTF site include several perennial and intermittent stream channels and wetland areas associated with those drainage patterns. These water resources have been described as part of the site - specific reports provided by the project proponent, which were verified by site visits in October 2008. The following reports provide the site- specific basis for this analysis: • Hydrogeologic Report — Ueland Tree Farm Mineral Resource. Development (Parametrix, 2007c). Prepared for Ueland Tree Farm, LLC. • Ueland Tree Farm Kitsap Lake Property Draft Sub -Basin Assessment (Parametrix, 2007f). Prepared for Ueland Tree Farm, LLC. • Wetland Delineation and Stream Identification Report — Ueland Tree Farm Mineral Resource Development (Parametrix, 2007g). Prepared for Ueland Tree Farm, LLC. • Preliminary Drainage Plan - Ueland Tree Farm — Mineral Resource Development (Parametrix, (+ 2007g). Prepared for Ueland Tree Farm, LLC. 4.2 AFFECTED ENVIRONMENT ., 4.2.1 SURFACE WATER HYDROLOGY Site hydrology was characterized by Parametrix (2047c) as part of site specific investigations. The Parametrix studies were based on field observations, and are considered to be the best available information specific to the UTF site. Their findings were generally verified by a field reconnaissance b conducted by ESA Adolfson on October. 29, 2008. - The site drains to two primary receiving waters. Approximately 76% of the site drains to Chico Creek and Dyes Inlet, while the remaining 24% drains south to Gorst Creek and Sinclair Inlet (Parametrix, 2007f). The sixth -field Hydrologic Unit Code (HUC) for Chico Creek is 17110019103, and for Gorst Creek is 171100190104. There are three subbasins within the Chico Creek drainage: Lost Creek, Dickerson Creek, and Kitsap Lake /Creek. The majority of the property drains to Dickerson Creek, which flows north through the middle of the site (Figure 1 -2 in Chapter 1 illustrates surface water features on the site). There is one subbasin within the Gorst Creek drainage, focused in the southeastern corner of the site. This area drains several intermittent streams and wetlands east to Heinz Lake. Several general Geographic Information System (GIS) data layers (e.g., WA DNR Hydrology, Stream t), show Heinz Lake draining to Kitsap Lake /Chico Creek drainage to the north. However, HUC mapping and the F hydrogeologic and subbasin assessment studies (Parametrix, 20t17c and 2007f) indicate that Heinz Lake drains south through an intermittent channel to Anderson Lake and eventually to Gorst Creek. Also note Febraury 2009 Ueland Tree Farm Mineral Resource Page 4 -1 Development Project FOREST PRACTICE ACTIVITY MAP TO WNSHIP 24 NORTH 14ALF 0. RANGE 1 EAST (W.M.) HALF 0, SECTION 19 Application #: _ t s -1 s 'z 9 � 802 ? 1 u .a f • 20 801 1801184 ° a F t so ~ 0 +80188 M Please use the legend from the FPA inshxgion or provide a Iist of syffdvw used. � and �rr t /'/7 �i r �C� NA83 Thurad", mbar 09, 2010 9:54:31 AM — 4 1 h1 a r ^ H9 7h ti'e tt su Contour Inteml: 40 Feet un d�vrY �� U-) htt // fortre wa$ ov/ servlettcom. esri. esrimap. Eshmap? SeMceNmne= fparsactbw&ClientV... 9/9/2010 Sue Hein Plummer Phone 360 - 871 -4484 April 15, 2014 RE: Bremerton Sun dtd Sunday, April 13,2014 (Heins Lake at issue in trade) Enclosure (A), Letter from Sue Hein Plummer to Metsker Maps, Inc. dtd Sept 20,1997 (B) Map of Bremerton Watershed dtd Nov 1981 w/ actual homestead outlined (C Photo of Alexander /Heins lake take at Hein Family Reunion at homestead 1997 (D) Photocopy of Hein Homestead dtd Feb 24, 1893 As descendants of J. Nicholas Hein, we have a vested interest in the future of Heins /Alexander lake property. In an discussion with Chris Dunagan about the "Sun" article, he asked what would be the most important issue to us; the preservation of the homestead, the name correction of the lakes, or some other family concern. (1) We feel that since there is little left of the homestead but the log foundation of the main house and we have historical records and pictures to pass on to our descendents that is a non - issue. (II) The name correction on the lakes is a prime issue. Chris Dunagan gave a name and phone i number of the WA St Board on Geographic Names to solve that issue. (III) Now to our deepest concerns: the preservation of the natural beauty and cleanliness of both lakes. We have had people who know that we are kin to the Heins lake property tell of many trespasses to the lakes to fish and swim. Access has been on foot following primitive trails. The watershed protection has preserved it well for many years. It would be nice to have a walking trail through there since there are beautiful old growth and wonderful mature creeks, BUT the problem is people who do not take care to follow conservation ideals: leaving trash, pop and beer cans, picking native flowers, etc. In conclusion, the prospect of gravel extraction and transportation seems like a desecration of that land. Our family has lived in the immediate area for over 100 years and since we were youngsters, we have seen the results of rock extraction from several sites. It may start out with good intentions but in time it does lead to great scars and ruin of natural habitat. r! -` LETTER TO METSKER MAPS TO INFORM THEM OF THE MISS —NAMING OF THE LAKES 2135 Opdal Road E. F'I Port Orchard, WA 98366 -8306 r � Septermber 20; 1997 :f t rI n', Metsker Maps, Inc. 1! 9616 40th Ave. SW S I Tacoma, WA 09499 Attn: Pam Dear Madame: L� Last month, we had a Hein Family Reunion at my home in Kitsap County. The Bremerton a; Water District was kind enough to let us take a trip onto the watershed where our Great- Grandfather had his homestead. On the map given us by the Head Forester, the ? homestead was located on the shores of Alexander Lake and Heins Lake was north of Alexander Lake. The map also shows Heins Creek flowing from Alexander Lake. I was directed by my cousins to check into this puzzle. I went to the Kitsap County E � Historical Museum and found a map published in 1926 that shows Alexander Lake north of Heins Lake (with Heins misspelled as Heinz). I feel that at some time after 1926, the names of the lakes were transposed. I am submitting a copy of that map and a copy of the current Kitsap County map. I am also providing a legal description of the original homestead. 4 ^ \ I would like to have the names of the lakes changed to match that of the 1926 map. If you t have any questions or comments, I can be reached at 1- 360 -871 -4484 or at the address a above. Sincerely yours, Sue Hein Plummer n1 n1 . is , IC � , ill 7i 71i . 1i ICI ,.,r 1 i -•7 i. "�li .3, s:.1, -,17 +, v._, f,, .., .1_,• ,,+I. ..9' 1. - .. - — ... , i V a 'I FAQ k �Io I { QIW I � I I JI B ; I I o ct o j ES. 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F t P:• �. .,,G. - 7 _ 4 • r •� l ,^"' `3 /{ � � z � t r, ,t .r � ° .p • /li t } i „ 1 r ,/I j _ � c+ ✓ r - off l"'°' r _...^r J' r F r �.. r >l1 � / .2/A', pws�; . f {r rr, ! 'if s• ........... _ te n. /;. •/ �. r v ". ! r. > I rff / ! i .F /, r �. J ' �'r' ,!" }/r '♦� / + , 1 r l Y 1 ! I �; T . • �; i�� i �/ • r' MY j ' Mf r t / � r ' ,F � { F r /, •� r, 1 , , ruy?.lC, I. I � � 1 : r . �% r i 1 t � _ N. ,�7 (r �d � r �" • .. 2 l 98 _. .. 727 L -SC -C. GEO. G. BARMRD Qc Co., Pxe. BT. Louis h K .. - _ .. .. -' - -. - - -._.. __ . -.. THE UNITED STATES OF AMERICA. ',i Certificate ✓ y' o. ...... /�NC� / ... ........... To all to Whom these Presents shall Come --- GREI;'1'ING: - �? is TV HERE.gS, .. ........ ..... _ ...... .... v�.�.. �� ..........e�!y�..,.. _�.C� -�...� ..............�0 .. � ... � ...�rL ................... :........................... ............ ..... ......... .............. ... ........................................................ ............................... ,r........................ '..............._..._......... ha„Q..... d .posited in the Genes l Land Of ee of the United States a Cer-tiflicate of the Rey ister of the Land Office at.... ....GaGC .._ ....... .............. _ .............. .... ........... whereby it appears that all payment _has been madr, 0 bythe said., :.................._.. .... Gc...o .......0 e4 Lz -...................................................::-.......................................,..................._......_.. ........._..................... _. ..........,.................... according to rovisions of the Jet of Congress of the 24t1i, of flpril, 1820, entitled, ".rin ./1ct malting further provisions for t17 Sale of thee..'ubl and the acts su thereto, for the C ......................... . cns � G` G�'U�Y �Cl� c�i�(/nCIJ��czaL cz zW I; � — C9 j G/yGCCo — � T i S, G�"z e 4 C )- co�2 i , i� L , I� !I according to the Offieial'Plat of the Survey of the said Land, r•etzt d to t ,e tact Land / 0fj°ice by the Surveyor General, which said Tract ha/.1......been purchased by flee sai ............................. .. ......................................................................................................................................................_.._........................................_...................................._................................................... ............................... P, i. NO TV, IC'NOTV YE, That the United States of Anterica,, in consideration of the premises, and an conformity is I I with the several dots of Congress in such case ma and pro have GI P Eilt and GRA NTE D, and by these presents do GIVE and GRANT. unto tJae ad ................ .... v��.Y�O....C!? Pl/ 2........................_........_.............. ...._..._.....:_..........._... .. bears _. _......_ .................. ............................and to ............................... ,the said Tract above described. TO H-11 TIE AND TO HOLD the same, together with all t rights, p i immunities and appurtenances of whatsoever nature thereunto belonging', unto the said._ .....:....... u o o� c� ....... .. ............ ..... .._. ...... .... . .. and to........ heirs it and assigns forever, subject to any vested and accrued water rights for mining, agricultacral, manufacturing or other purposes, and rights to ditches and reservoirs used in connection with such water rights, as rraalf be I f recognized and acknowledged by the local cuSt07724, laws and decisions of Courts, and also subject to the right of the proprietor of a vein or lode, to extract and remove his ore therefrom, should the same be found to penetrate or u intersect the premises hereby granted, a rov'de I by laty. ix TESTIMONY WHEREOI', I, ,. �CT/y!yG¢oyi... ....................... President of the United States of nerica, have caused these letters to be made Patent, CUbd the Seal of li the General Land Offiee to be hereunto affixed. �I � R EN El G � ,.._ - -\� Given er my hand, at the City of Washington, the.CCl elll2 ........... .................. I , I, �w day o in the year o J f - .... ............ ............ _.. _........ y f our Lord one thousand eight hun- �Un) p d dred ,n ....... ... ..... ....... ........................_ ....., and of the Independence of the United States the one h. dred brad . l�I CG'.?; « �L...... ........... ............................... _ 1 BY THE PRESI DEJV 1':. . t{ Y � By............. : ... � Secretary. Recorded Vol. ..................._ ..................... Recorder of the General Land Office. II � j i orlZecord at ............. ............ ..... ...o'cloc7c....CL...,M.,...� ..oL�......�...........,1. D. 18J�, and recorded at the request of �� .,ZY..2 -�!�a ............_._ ................._....... ...................... ...... ... AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Public Hearing and Ordinance Study Session Date: April 9, 2014 No. 5249 repealing BMC Title 19 "Mobile COUNCIL MEETING Date: April 16, 2014 Homes ", and amending Title 20, the Zoning Department: DCD Code Presenter: Nicole Floyd Phone: 360.473.5279 SUMMARY: The action before Council is to conduct a public hearing and adopt an Ordinance amending BMC Title 19, and Title 20 as follows: 1. Repeal Title 19 regulating mobile homes, 2. Add language to meet state requirements for Electric Vehicle Infrastructure, 3. Update the sign code, replacing amortization with other provisions and generally improving consistency within the chapter. 4. Revise both the Institutional and Employment Center zones to ensure consistency between both zones. ATTACHMENTS: A. Ordinance No. 5249 including Planning Commission Findings & Conclusions B. Staff Memo and Planning Commission. Meeting Minutes from the workshop held on January 21, 2014 & the Public Hearing held on February 18, 2014 C. Powerpoint Presentation FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: ❑ No Presentation ❑x Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business 0 Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No. 5249 to repeal BMC Title 19 related to Mobile Homes, and amend Title 20 related to Electric Vehicle Infrastructure, Sign Code Provisions, and allowed uses in the Employment Center and Institutional Zones. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01 /25/13 ORDINANCE NO. 5249 AN ORDINANCE of the City Council of the City of Bremerton, Washington, making amendments to the Zoning Code by repealing BMC Title 19: and amending BMC Title 20 by adding provisions for Electric Vehicle Charging Stations, amending the Sign Code to clarify code 'requirements, and remove, amortization processes, and by adjusting allowed uses in both the Institutional and Employment Center zones. WHEREAS, the City Council adopted Ordinance 4950 on November 30, 2005 establishing a new Zoning Code; and WHEREAS, through practical use and application of the Zoning Code the need for modification has been identified; and WHEREAS, the City of Bremerton has established a procedure for amending the Zoning Code in Title 20.18.020 (d) of the Bremerton Municipal Code (BMC), which requires amendments to the Zoning Code to be both consistent with the goals'and policies of the Comprehensive Plan and to be consistent with other applicable rules and regulations; and WHEREAS, the amendments set forth in this ordinance are consistent with the City's Comprehensive Plan County Wide Planning Policies, The State Growth Management Act, and other applicable regulations and ordinances; and WHEREAS, on January 21, 2014 the Planning Commission conducted a workshop on the proposed amendments; and WHEREAS, on February 10, 2014 the proposed Zoning Code amendments were circulated to the State Agencies for the expedited 10 -day review and .comment period and the City received conformation on February 10, 2014 that the notice was received; and WHEREAS, on February 10, 2014 a SEPA DNS was issued for the proposed action with an administrative appeal deadline of February 24, 2013 and no appeals were filed; and WHEREAS, on February 8, 2013 the public was notified by a legal advertisement in the Kitsap Sun of the opportunity to make comment and participate in the public hearing held by the Planning Commission; and WHEREAS, on February 18, 2014 the Planning Commission conducted a public hearing on the Zoning Code amendments and formulated a recommendation to forward the amendments for City Council consideration; and 1 2014 Zoning Code Amendments WHEREAS, on April 11, 2014 the public was notified by a legal advertisement in the Kitsap Sun of the opportunity to make comment and participate in the public hearing by the City Council; and WHEREAS, on April 9, 2014 the City Council conducted a public hearing and considered all testimony prior to their decision.; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The findings and conclusions adopted by the Planning Commission attached hereto as Exhibit A are adopted and incorporated as if set forth fully herein. SECTION 2. Title 19 of the Bremerton Municipal Code consisting of Chapter 19.04 entitled "Parking "'and Chapter 19.08 entitled "Mobile Homes" is hereby repealed in its entirety: T i t le e rn MOBILE HOMES Chapter .4 PARKLNO 1n 04 n1n UNLAWFUL z . habitation it is unlawfui, within the limits of the eity of Br-emei4on, for- any per-son to paFk aa� mobile hafne, then used for- human > or other- piibli plaee, of on any tr-aet of land owned by an) per-sen, oeeupied or- tmeec-upied. Chapter- 19.08 A40BILE HOME PARKS 1 n n n1 n DL'!' U A Ti/1 C A T 7 V LOCATION eenstFueted in eamplianeewith the regulations set out in this ehapten 1 n ng 020 ARV A rry �zv �xcr�rr. Eiaeh mobile h eme par4 shall eentain not less than 4ffoe aer-es of land and sha4l pr-evide-a minimum area of two thousand squafe ��, not less than thiFty feet in width, for- eaeh tfailef, p additiena4 eff st-feet par-king for- one automobile-. 19.08.030 T R g LEn PLACEMENT. sidewalk F—i -AP-1fl tmailff.- within said home park shall be set baek at least fifty feet from the front stfee aced upon any site at any less Oistanee than ten feet from any other building or- trai No tfafl-ef 2 2014 Zoning Code Amendments 1n 08 040 A_NG SC REEN -. z D7 NT7 mrrr� A mobile home park adjaeent to of abutting upon an R 1 or- R. 2 area shall py-ovidee a ten „4 high fa r.l^.4ing s er-een o n th s id es and'r -e r of said p 191 08 050 CTDTi'Ti TC sAfeets, vvithin said park shall be paved with a hard suffaee and shall ben-et. thifty feet in width; ingess and egress to said park and Weets shall be subjeet to the appr-eval of 18.060 W ITH OTHER R EGULATIONS . zoning ,Said park shall be adequately lighted and dFained and shall be eonstmed in eomplianee AA the building, > pitmibing and all other-. or-dinanees of the eity and ?As for- the same shall be subjeet to the appr-oval of the health depaftfflen4, , buildi ; eetor- and fire ; ee t„r 10L14.(1'7L1 — PL AT T D7 A N PER Pr-ie te the isstianee of aiiy permit, a plat plan in full detail shall be pr-ovided so tha shall be issued by the building inspeetor- upon the parRent of 6 fee of twenty five dollars aftef appfov b the foregoing eitom, ^ SECTION 3. Section 20.42.020 of the Bremerton Municipal Code entitled ".List of Defined Terms" is hereby deleted in its entirety: 20.42.020 LIST OF DEFINEP TERAU. Aid stgn �4ccesr , ffletUfe ner-e, �Ret Aer-e, gross Administrative Hearing Examin Adult enteft-ain-me-iflAbo si Hess- Adult family hem ma y= A lt o ^t'„ zrncrcrcivii A pAe nna, 4„ Ante nna, w i r ele ss App�iftenanee of Appendage A ft gallef� A # studio Assisted living fae4lit� 3 .2014 Zoning Code Amendments Automobile sen and n < ,. B ay w Bed and br-eakfas Bear-ding hause of feeming house Building code Building eE) Building envelepe Building line Bulletin beafd/kies G. e t a k G. y t. k s id ene o C Gott A 1 W heo1 s (C W) Change of u-se rt,ange:,t,to eop y4eader-bear - d s Gity Ge-leeatie Coneealed constmetio D ear- f e i t. BeC4 D Density, f Density mini r ��R De , wee al r i ,- rt ., Duple D , f t Dwelling, eonventional Dwellin m ulti Dwelling, single unit attac-hed Dwelling, single unit str Edueation and se-heal Ed�ication, higher- and caeUege 4 201,,4 Zoning Code Amendments F„to«t.,;,,,,, „t t is „ Equipment Stfuefur- Fenee Finanee, insufanee and real estate Festef ho Ranehise business Frontage Gar-age Gas -S6i� Glad vi -add, m final ifade, existing Gr os s f l o or - Group residential Group r-esideatW Glass 1 (assisted living) &otip residential home HeigM Homeeeeupa6on Homeowners' asseeiati on Hospital Hetel and lodging plaee Hausehe ldentifieatie illegal si lmp , f o Ineidenta4 sign lae4atef for- business junk d met Le a d ing Lot . L ot Lot line, ffeat Lot li r Lot line, ide hot Let, fla Let w ater-f ent Lat, widn Maintai�3 5 2014 Zoning Code Amendments T iT. e t„r°d h.,m Marquee A w ide. 1.,b or - t„r„ Medical offiee and clinic Mobile home Monument sign Motio p e t„r° th °.,tor M h,,;lding eem ple x M o h,,;l:l; g Museum and galler Nefe3 Off pr Open Opiate substitution tteatment faeility' i�tie fields del Park, playground and op D.,,- 1„,,g s Par-ki str, ,.t„ Pa„ °.l surf Pe rson al se 'Physical fitness and health elub Ner Me si pof PoFtable sign Premise rzvuaccsrgrz Pr-ojeeting S* Pr P„1,1; , ,7;str;l,,;t;, ,A .;,s; f l;t F e ; l ; t„ P„b.l; i f r ifi ,tio s ign Rehablk-ta$13 6 2014 Zoning Code Amendments Residential use Residential, as woond D °st., n Retail genef Retail la rge Rezon San dwieh te e Se n i or- eitiz Senior- housing epfnplex e °tl ae k ShOp Shopping eente Sidewalk vendo Sign Stfuettife Sb Staditffn and L-% Storage building and she wee �tr-eet, pr-ivate ctr e t,,, a t rr' 'a'v e eSSOF Stmetufe e Tow eF T° n h o Tv�vraivc.�e Transient per -son Use, aoeessofy T Useeen crcivzna Use, pr-ineipa4 U se, tewipo V., k' trailer mounted �crr' r C�L�- vrcrccrr�T- rixvirrrcca -sig Vestin Wall -Sim Warehousing 7 2014 Zoning Code Amendments Whip a Wofship and religious faeilit� Y-ff d ervc-rrrxv SECTION 4. Section 20.42.040 of the Bremerton Municipal Code entitled "Definitions" is hereby amended as follows: 20.42.040 DEIF'INITIONS. The following definitions shall be applied within this title: (a) Definitions "A ": "Abandoned sign" means any sign, including its structure and other components, which is located on vacant property or an unoccupied building for a period of one (1) yea months or more and which, during that time, is not used for legal sign purposes; or which relates to a time, event or purpose which no longer applies; and /or which has been allowed to deteriorate to become a public hazard or eyesore. "Abandonment" or. "abandoned" means to cease operation for a period of ninety (90) or more consecutive days unless documentation is provided to the City that negotiations are underway potentially leading to the sale, lease, or resumption of operations, in which case a wireless telecommunications facility may not be considered abandoned for an additional period not to exceed ninety (90) days. "Accessory dwelling unit (ADU)" means a second dwelling unit on a lot with an existing principal unit added to or created for use as a complete, independent or semi- independent living unit with provisions for cooking, eating, sanitation and sleeping, and which complies with the development and design standards contained in this code for ADUs (BMC 20.46.010). "Accessory use, activity or structure" means a use, activity, structure or part of a structure which is subordinate and incidental to the permitted principal use or building,. located on the same lot or parcel with such principal use or building, and erected or established only after or in conjunction with the establishment of the principal use or building. "Acre, net" means a measurement of land after subtracting public and private streets, rights -of -way, and other.unusable or nondevelopable areas of land from a gross acre of land (forty -three thousand five hundred sixty (43,560) square feet). (See also "Acre, gross. ") "Acre, gross" means a measurement of land equal to forty -three thousand five hundred sixty (43,560) square feet with no' deductions or subtractions for elements such as public or private streets or nondevelopable areas. (See also "Acre, net. ") "Adjoining" or "adjacent" means property that touches or is directly across a public or private right -of -way. This does not. include property across from limited access highways or arterials with four (4) lanes of traffic or more. "Administrative Hearing Examiner" means a person appointed with the powers set forth in Chapter 2.13 BMC. The term "Administrative Hearing Examiner" shall likewise include the Examiner Pro Tem. As used in this chapter, "Administrative Hearing Examiner" shall not mean the Municipal Court Hearing Examiner' established pursuant to Chapter 2.62 BMC. "Adult Entertainment Business:" See BMC 20.46.110. 8 2014 Zoning Code Amendments "Adult family home" means a residential home in which a person or. persons provide personal care, special care, room, and board to more than one. (1) but not more than six (6) adults who are not related by blood or marriage to the person or persons providing the services; provided, however, any limitation on the number of residents resulting from this definition shall not be applied if it prohibits the City from making reasonable accommodations to disabled persons in order to' afford such persons equal opportunity to use and enjoy a dwelling as required by the Fair Housing Amendments Act of 1988, 42 U.S.C. 3604(f)(3)(b). "Alley" means any public right -of -way or thoroughfare having a typical, width of at least ten (10) feet, but generally not more than thirty (30) feet, which has been dedicated or deeded to the public for public use and which affords only secondary means of access to abutting properties, primarily for service purposes. "Alteration" means any change in the size, shape, method of illumination, position; location, construction or the supporting structure of a sign. "Alteration, structural" means any changes or repairs to the supporting members of a structure, or to the configurations of the roof or exterior walls, that would prolong the life of the supporting members of a building or structure. This does not include minor actions such as adding a doorway or window, or attaching architectural features, appurtenances, or adornments. "Antenna tower" means any structure that is designed and constructed primarily for the. purpose of supporting one (1) or more antennas; including but not limited.to self - supporting lattice towers, guy towers or monopole towers. (1) "Type I tower" means a tower up to, but not exceeding, sixty (60) feet in height. (2) "Type .II tower" means a tower greater than sixty (60) feet in height. . "Antenna, wireless" means any exterior equipment attached or mounted to a building or tower in the form of one or more rods, panels, discs or similar devices used for the transmission or reception of radio or electromagnetic frequency signals. (1) An "omnidirectional antenna" transmits and receives radio frequency signals in a three hundred sixty (360) degree radial pattern. For the purpose of the provisions set forth in BMC 20.46.140, an omnidirectional antenna is up to fifteen (15) feet in height and up to seven (7) inches in diameter. If otherwise meeting the definition, a whip antenna is considered an omnidirectional antenna. (2). A "directional antenna" transmits and receives radio frequency signals in a specific directional pattern of less than three hundred sixty (360) degrees. (3) A "parabolic antenna" is a device of generally parabolic shape for the reception and transmission of radio frequency signals in a specific directional pattern. Also referred to as a satellite dish. "Applicant" means a person who applies for any permit or approval to do anything governed by this title and who has legal standing to apply for a permit or approval on the specific property. "Appurtenance" or "appendage" means a supplemental component, architectural feature, or decoration that has been added to or extends outward from the exterior of a building wall and is not a primary component of the structure itself. This includes bay windows, low decks, open porches, awnings, chimneys, -and other similar features. "Area of a sign" means the total space within the frame or outer'dimensions of a sign and' including any logos or other artistic or architectural features that are directly related to or an integral part of the sign. (See also BMC 20.52:060, Sign measurements.) 9 2014 Zoning Code Amendments "Art gallery" means a room or series of rooms Where art such as paintings, sculptures or other works are exhibited. "Art studio" means a loft, room, group of rooms or building in which an artist works. This includes facilities for the production of photographic works (still or motion), painting, sculpture, dance, music or similar activities. A studio is often found in combination with a gallery or may be an accessory use to a retail business or other use. This does not include incidental artist work areas within a residence, which produce no odors or noise that negatively impact adjacent properties. "Assisted living facility" means a residential facility for elderly persons (age fifty -five . (55) or older) who require moderate to extensive assistance with daily tasks such as cooking, eating, bathing, housekeeping, dispensing'of medicines, shopping, appointments and other tasks. "Automobile sales" means an establishment primarily engaged in the sale or rental of personal or commercial vehicles such as cars, trucks, vans or motorcycles. "Automobile service and repair" means an establishment primarily engaged in repairing, maintaining or servicing automobiles including attery exchange station "Awning/canopy" means a temporary or movable shelter (awning), or a fixed rigid shelter (canopy) supported entirely by the exterior wall of the building and generally extending over a pedestrian walkway. When used in conjunction with signs, only that portion of the awning or canopy'that is actually used as a sign shall be included in sign area calculations. Lighting of the awning or canopy, whether directly, indirectly, or by back - lighting, shall have no effect on the sign requirements, unless lighted signs are specifically prohibited in that area or zone. (b) Definitions "B ": "Battery charginE station" means an electrical component assembly or cluster of component assemblies designed specifically to charge batteries within electric vehicles, which meet or exceed any standards, codes, and regulations set forth by Chapter 19.28 RCW and consistent with rules adopted under RCW 19.27.540. "Battery exchange station" means a fully automated facility that will enable an electric vehicle with a swappable battery to enter a drive lane and exchange the depleted battery with a fully charged batter through a fully automated process, which meets or exceeds any standards, codes, and regulations set forth by chapter 19.28 RCW and consistent with rules adopted under RCW 19.27.540. "Bay window" means a window projecting outward from an exterior wall of a structure. The protrusion has a maximum depth of thirty (30) inches, and a maximum horizontal width of twelve (12) feet. The base of the projecting window is at least twenty -four (24) inches above grade directly below the center of the window. "Bed and breakfast" means an owner- managed and owner - occupied residential single - unit dwelling in which rooms or other overnight accommodations are rented on a nightly basis. Meals may be included that are included as part of the basic compensation. This does not include group residential homes, boarding and rooming houses. "Boarding house" or "rooming house" means a single -unit residential structure in which rooms without kitchens are provided for nontransient persons and may include meals. This does not include licensed care - providing facilities. "Buffering" means a structural, earthy, or vegetative form used to minimize the impacts of one land use upon another. A buffer may include any one or a combination of fences, walls, berms, high shrubs, trees, or other landscaping. Distance separation is also a form of buffering. 10. 2014 Zoning Code Amendments ".Building code" means the International Building. Code and related codes as amended and adopted by the City of Bremerton. "Building coverage" means that portion of a lot covered by the roof areas of all structures. This shall not include open decks up to thirty (30) inches above ground, except if it provides a roof over occupancy underneath. "Building envelope, allowable" means the three (3) dimensional space within which a structure is permitted to occupy. Height, floor area ratio, setbacks, lot coverage and similar restrictions establish the building envelope. "Building line" means a line on a lot, generally parallel to property lines and located a sufficient distance from the property lines, to provide the minimum yard areas required by this code. Building lines establish the area within which buildings are permitted and do not necessarily correspond with the location of any existing structures or other improvements. "Bulletin board/kiosk" means a permanent sign structure intended to accommodate changeable copy such as private or public notices, special event information, and other short- term messages, and generally at a scale suitable for pedestrians and not intended to be read by passing motorists. These signs are exempt from sign permits and size requirements if they are provided for the use of the general public and not for commercial advertising purposes. (c) Definitions "C ": "Car wash" means a business engaged in washing, waxing, polishing, and general cleaning of automobiles, small trucks, light utility vehicles and small recreational vehicles, but that is not designed to handle larger commercial trucks and buses. It includes self - service, full- service, and automated car washes and auto detailing services. "Caretaker" means a person who maintains or watches over someone else's land or property on a part-time or full -time schedule. The caretaker may live on the property or elsewhere. "Caretaker's residence" means an accessory dwelling unit provided by the owner of a property to be used exclusively as living quarters for the caretaker(s) of that property. . "Carport" means an attached or detached partially enclosed accessory structure intended primarily for the storage of private vehicles such as automobiles, light trucks, or recreational vehicles which is open to the weather on at least two (2) sides. "Cell on wheels (COW)" means a mobile telecommunications facility transported by a motor vehicle for temporary on -site use. "Change of use" means a change in the utilization or occupancy of a property or building from one use to another. "Changeable copy /readerboard sign" means a sign structure that may be internally or externally illuminated and intended to accommodate changeable lettering, numbering, graphic displays, or other'short-term messages. Generally used for commercial advertising or for public service announcements of current or coming events. (Also see "Public information/identification sign. ") "City" means the City of Bremerton, Washington. "Collective garden" means gardens established and /or maintained for the growing, production, transportation, and delivery of cannabis, by qualifying patients, for medical use, as defined in RCW 69.51A.085, as currently enacted and hereinafter amended. "Co- location" means the placing of a wireless telecommunications antenna on an existing support structure. 11 2014 Zoning ,Code Amendments "Community facility" means a facility operated by a public agency or nonprofit organization for social gatherings, meetings, learning, recreation, programs to promote economic independence, or similar functions. "Concealed" means a wireless telecommunications antenna or facility that is not evident; it is disguised, hidden by or integrated with a structure that is not a telecommunications tower; or, a personal wireless service facility that is placed within an existing or proposed structure. "Construction sign" means a sign that relates directly to a construction project taking place on the premises and may include such information as the name of the project and contractors, phone numbers, completion dates, and similar information about the project. (d) Definitions 'D.` "Day care facility" means a facility licensed by the state of Washington and approved by the City to provide regular care for adults or children for periods of less than twenty -four (24) hours. "Deck" means an open platform wider than eighteen (18) inches. A deck maybe freestanding, cantilevered from a building, or connected to the ground with steps or ramps. A deck that is higher than thirty (30) inches above finish grade may be referred to as a raised deck, a rooftop deck, a balcony, or other suitable term. "Density" means a measure of residential concentration, usually expressed as.the number of dwellings per acre of land. Fa the purposes of calculating allowable densities within this code, density shall be measured on a "net" basis, whereby unusable areas such as rights -of- way and lands in ,public or shared ownership shall be deducted from the overall area in the calculation. For example a one hundred and twenty (120) acre area containing twenty (20) acres of rights -of -way and public lands and three hundred (300) dwellings has a (net) density of three (3) dwellings per acre (three hundred (3 00) dwellings /one hundred (100) usable acres). (See also "Acre, net" and "Acre, gross.") "Density, maximum" means the maximum number of dwellings allowed per the net buildable acreage as stated for each zone_; Where not specified in a zone chapter, no maximum density shall apply. "Density, minimum" means the minimum number of required dwellings per net buildable acre as stated for each zone. Where not specified in a zone chapter, no minimum density shall apply. ".Detached" means any residential structures on the same lot that are not connected and have a fire separation of no less than six (6) feet as defined in Section R 302 of the IRC. For commercial structures see the International Building Code. "Detoxification center" means a facility providing for the care and treatment of an intoxicated person during the period in which the person recovers from the transitory effects of acute intoxication. "Development coverage" means that portion of a lot covered by the impervious surface areas of all structures, and impervious paved areas, such as driveways and walkways. "Directional sign" means a permanent sign which is designed solely for the purpose of directing motor vehicle, pedestrian, bicycle, or other traffic, or individuals toward a specific destination or route. "Director" means Bremerton's Director of Community Development and his/her designee. 12 2014 Zoning Code Amendments "Drinking place" means an establishment selling intoxicating beverages for consumption on the premises. "Drive- through facility" means an automobile- oriented component of a permitted use that includes both service window(s) and a stacking lane designed primarily for drive - through trade, and which provides service and caters to patrons while in their motor vehicles. (See BMC 20.44.120.) "Duplex" means a structure containing two (2) dwelling units on a single lot. "Dwelling unit" means a living space or combination of rooms designed to provide independent year - round living facilities for one (1) family or household, constructed to the minimum standards of the IBC or HUD Code, and with provisions for sleeping, eating and sanitation. "Dwelling, conventional" means any building or structure that is built or assembled (in the case of a modular structure) on the site and in conformance with the provisions of the International Building Code (IBC). "Dwelling, modular or factory - built" means buildings or structures that are constructed primarily in a factory and transported to the site for assembly or installation. All temporary wheels, axles, and other appliances used in the transport are removed at the destination and the structure is permanently placed, unless approved as a temporary placement by the City. Such structures are constructed to the standards of either the International Building Code (IBC) or the HUD Code. (See also "Manufactured home. ") "Dwelling, multi -unit structure" means a structure containing three (3) or more dwelling units. (Also referred to as a "multifamily structure. ") "Dwelling, single -unit attached" means two (2) single -unit dwellings (houses) that are attached at a common side lot line with each dwelling located entirely on its own lot. This does not include row houses or other housing types having more than two (2) attached units. (See also "Zero lot line. ") "Dwelling, single -unit structure" means a structure containing one (1) dwelling unit. (Also referred to as a "single- family dwelling," or a "house. ") (e) Definitions "E ": "Education" and "school" means an institution primarily engaged in teaching and learning, operated by a public school district, nonprofit organization, or a private organization. Business and trade schools and Montessori schools are included, as are satellite buildings of higher education colleges. "Education, higher and college" means a higher education college or university primarily engaged in teaching and research, and comprised of multiple educational buildings within a campus setting. "Electric vehicle charging station" means a public or private parking space that is served b bey charging station equipment that has as its primary purpose the transfer of electric energy (by conductive or inductive means) to a battery or other energy storage device in an electric vehicle. An electric vehicle charging station equipped with Level 1 (120 volts) Level 2 (240 volts ) charging equipment is permitted outright as an accessory use to any principal use. "Electric vehicle infrastructure" means structures, machinery, and equipment necessary and integral to support an electric vehicle, including battery charging stations, rapid charging stations, and battery exchange stations. 13 2014 Zoning Code Amendments "Entertainment use" means an establishment with a primary function as a venue for entertainment activities in an indoor facility, excluding motion picture theaters and adult entertainment. Entertainment uses include video arcades bowling alleys, billiard halls, performing arts centers, dance halls /night clubs and similar uses. "Equipment structure" means a structure, shelter, cabinet, or vault used to house and protect the electronic equipment necessary for processing wireless communication signals. Associated electronic equipment may include air conditioning, backup power supplies and emergency generators. (f) Definitions "F ": "FAA" means the Federal Aviation Administration. "FCC" means the Federal Communications Commission. "Fence" means a structure built to prevent escape or intrusion, or to provide privacy, screening, or buffering from noise or other undesirable impacts or activities beyond the property line. Also includes. freestanding walls. "Finance," "insurance" and "real estate" means an establishment primarily involved in finance, such as depository and nondepository institutions, holding companies, investment companies, and brokers; insurance, such as carriers of all types, agents and brokers; and real estate, such as leasers, buyers, sellers, agents and developers. "Foster home" means a dwelling unit in which a full -time resident provides temporary care and supervision on a full' -time basis to not more than six (6) foster children, three (3) expectant mothers, or three (3) other adults requiring full -time care. "Franchise business" means a business granted authorization by a manufacturer or parent company to sell or distribute goods or services at a certain location. "Freestanding sign" means a'sign which is designed solely for the purpose of directing motor vehicle,'pedestrian, bicycle, or other traffic, or individuals, toward a specific destination or route, which is not affixed to a building. "Frontage" means the actual length of the front property line abutting a street or alley (if no street frontage), or length of the property line of a flag lot that most closely parallels the street it most directly relates to. W Definitions. "G ": "Garage" means an attached or detached enclosed accessory structure intended primarily for the storage of private vehicles such as automobiles, light trucks or recreational vehicles. "Gas station" means a land use involving the retail sale of gasoline or other motor vehicle fuel or oil including electric vehicle rapid charging stations Gas stations include self- service and full- service operations. "Grade" means the lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line. When the property line is more than .five (5) feet from the building, grade is the lowest point of elevation of the finished surface between the building and a line five (5) feet from the building. For structures built over water, "grade" shall mean the elevation of the ordinary high water mark. For the purposes of signs, "grade" is the level of the ground surface immediately below a sign or proposed sign location, and where slope is involved is the average of the levels at each supporting member of the sign's structure. 14 2014 Zoning Code Amendments "Grade, average fmal" means the average of the final grade that will be directly under the proposed building or structure. Calculations of the average final grade shall be made by averaging the elevations at the center of all exterior walls of the proposed building or structure. "Grade, existing" means the grade or topography existing prior to any excavation, clearing, grading or filling. "Gross'floor area ". means the sum of all horizontal areas of floors of a structure when measured from the exterior faces of exterior walls, including glazed or screened porches. "Group residential" means shared living quarters without separate kitchen facilities for each room or unit. This classification includes'group care residence for those whose permanent residence is the group residential facility. It does not include transient lodging. This definition shall not be construed to include crisis care facilities, detoxification centers or housing of sexually violent predators, as defined in RCW 71.09.020(16). "Group residential facility— Class I (assisted living)" means a group care residence for seven (7) or more children and /or adults who for various reasons cannot reside in their natural homes; and /or for persons who have severe chronic disabilities or physical handicaps that cause substantial functional limitations. This, facility may provide physical therapy and training in social skills. It does not include facilities to which persons are assigned as a result of criminal conviction or those where residents, individually or by their legal guardians, are not free to terminate their residency at will. "Group residential facility — Class II" means a group care residence for juvenile delinquents, the mentally ill, persons serving a sentence in lieu of confinement, persons needing correctional or mental rehabilitation, or persons needing rehabilitation and treatment for social and /or family problems, drug or alcohol addiction, or abuse. This definition includes programs .providing alternatives to imprisonment; transition back into the community including prerelease, work- release, and probationary programs that are under the supervision of a court, .state, or local agency. Teaching of work or social skills may be provided in this class facility but it does not include drug or alcohol detoxification centers. "Group residential home" means'a residential home in which a person or persons provide personal care, special care, room, and board to more than one (1) but not more than six (6) children and /or adults who are not related by blood or marriage to the person or persons providing the services; provided, however, any limitation on the number of residents resulting from this definition shall not be applied if it prohibits the City from making reasonable accommodations to disabled persons in order to afford such persons equal opportunity to use and enjoy a dwelling as required by the Fair Housing Amendments Act of 1988, 42 U.S.C. 3604 (f)( 3 )(b) (h) Definitions "H ": "Heavy industrial/manufacturing" means a land use involving assembly, construction, research and testing, processing or extraction of goods or materials, with the potential to create noise, smoke, dust, vibration, odor or other environmental impacts or pollution. Storage of equipment or products having similar environmental impacts are also included. Heavy industrial /manufacturing uses include extraction or refinement of raw materials, mass production of large durable goods, production of industrial chemicals, rolling or drawing of metals, and any process that involves extensive use of hazardous or volatile materials or chemicals. Production processes that produce continuous high levels of noise, produce obnoxious odors detectable off - site, or produce.off -site light or glare impacts constitute heavy industrial /manufacturing. (See also "Light industrial /manufacturing. ") 15 2014 Zoning Code Amendments "Height" in the context of wireless telecommunications facilities means the following: (1) Related to Tower I and Tower 11 support structures "height" means the dimensions of the tower as measured from the base of 'the tower at the foundation center to the top of the tower excluding antennas. (2) Related to existing or proposed buildings, height is determined as per BMC 20.44.070, except that the highest point of a building with a pitched or hipped roof shall be considered, for purposes of this definition, to be the highest point of the roof. "Home occupation" means any nonresidential use carried out for monetary gain which is secondary to the use of the property for residential.purposes, and which is operated in accordance with the home occupation standards of this code. "Homeowners' association" means an association of homeowners that has responsibility for commonly owned property within its residential development and which enforces, covenants and restrictions on commonly owned areas -or private property. "Hospital" means a licensed institution providing primary health care services and medical or surgical care to persons, primarily inpatients, suffering from physical or mental conditions, and which may include related facilities as an integral part of the institution. "Hotel" and "lodging place" means an establishment that offers transient lodging accommodations to the general public, and which may provide such related services such as restaurants, meeting rooms, gift shops, beauty shops and recreational facilities. "Household" means all persons, regardless of age, sex, or family relationships,. that reside as a single unit in a dwelling intended for single household occupancy. Such group quarter facilities as dormitories, boarding houses, nursing homes or similar accommodations typically do not provide facilities for households. (i) Definitions "I ": . "Identification sign" means a sign intended solely to inform the public of the use of a property, building, office, or premises, and which may typically include the address, suite number, or other, identifying information, but that does not include advertising or messages that are not necessary,for the identification of the premises. "Illegal sign" means any sign or advertising device which was erected or altered in violation of the sign codes in effect at the time of such action and which remain in violation of existing codes. "Impervious surface" means any material which reduces or prevents absorption of storm water into previously undeveloped land. (See also "Paved surface. ") "Incidental signs" means signs that are intended for the convenience of the public, which are informational only, and which do not include the advertising of products or services. Such signs include business hours signs, credit card signs, entrance and exit signs, and similar signs, some of which may be required by law for safety purposes. "Incubator for business" means. a facility that provides organizational, mentoring or capital support intended to accelerate the successful development of start-up companies, or imparts job and business skills to employees or trainees. Incubated businesses make progress toward graduation to independence and relocation into permanent facilities. (j) Definitions J": 16 2014 Zoning Code Amendments "Junk yard" means a place where discarded or salvaged materials are bought, sold, exchanged, stored, baled, packed, disassembled, or otherwise handled. This includes automotive wrecking yards, house wrecking yards, and storage of structural steel materials and equipment, but does not include used or salvaged machinery in operable condition nor the processing of used, discarded or salvaged materials as a minor part of manufacturing operations. (k) Definitions "K": "Kennel" means an establishment where five (5) or more domestic animals older than six (6) months are kept, whether for compensation or not. This does not include veterinary_ clinics /hospitals, pet shops or zoos. (1) Definitions "L ": "Light industrial/manufacturing" means a land use involving assembly, processing or research and testing of parts or materials or chemicals made or refined at another location. Light industrial /manufacturing uses have little or no potential of creating noise, smoke, dust, vibration or other environmental impacts or pollution. Production processes do not employ the extensive use of hazardous or volatile materials or chemicals, produce continuous high levels of noise, produce obnoxious odors detectable off -site, or produce off -site light or glare impacts. Storage of equipment or products that do not create environmental impacts, and mini - storage is included. (See also "Heavy industrial /manufacturing. ") "Loading area" means an area designed and intended for the temporary parking of a vehicle while loading or unloading passengers, merchandise or other materials. "Lot" means any. area, tract or parcel of land owned by or under the lawful control and in the lawful possession of one distinct ownership undivided by a dedicated street or alley or another ownership, and which has a minimum of twenty (20) feet of frontage on a street. "Lot area" means the area within the boundary lines of a lot. When creating new lots, the calculation for each new lot area shall not include public and private streets, wetlands, and other areas that may be restricted from use or from the types of development allowed by the zone in which the property is located, except when an unbuildable critical area, as defined per BMC 20.14.200, comprises twenty -five (25) percent or less of the lot, it may be included in the lot area. "Lot line, front" means any property line that abuts a public street, private street, alley (if the alley provides primary access) or ordinary high water mark, and is considered a frontage. (See also Figure 20.44(a).) "Lot line, rear" means the property line most opposite or most distant from the designated front lot line and does not intersect any front lot line. Corner lots do not have rear lot lines. (See also Figure 20.44(a).) "Lot line, side" means any lot line not defined as a front or rear lot line, or any lot line that intersects a front lot line. (See also Figure 20.44(a).) "Lot, depth" means the horizontal distance between the front and rear property lines of a lot, measured along a line midway between the side property lines. The depth of an irregular lot or a lot having more or fewer than two (2) side lot lines will be determined in the most reasonable manner, based on the lot's longest average dimension. "Lot, flag" means a lot with access to its street by way of a narrow strip of land having a minimum width of twenty (20) feet. A flag lot consists of two (2) parts. (1) The "flag" or main body of the lot; and (2) The "panhandle" or narrow accessway connecting the body of the lot to the street. 17 2014 Zoning Code Amendments "Lot, waterfront" means a lot of which any portion abuts wetlands or any water body regulated under the Bremerton Shoreline Master Program. "Lot, width" means the average horizontal distance between side lot lines, measured at right angles to the lot depth line. The Director may use reasonable modifications to this procedure when determining the width of an irregular lot. (m) Definitions "Maintain" means to allow to exist or continue to exist. Also, where the context indicates, to keep in a safe, neat and clean condition. "Manufactured home" means a single- family dwelling required to be built in accordance with regulations adopted under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5401 et seq.). The unit shall bear an insignia issued by a state or federal regulatory agency indicating that the manufactured home complies with all applicable construction standards of the U.S. Department of Housing and Urban Development (HUD). Commercial coaches, recreational vehicles, travel'trailers, and motor homes are neither manufactured homes nor dwelling units. (See "Mobile home. ") "Marina" means a facility which 'provides moorage or wet or dry storage for watercraft or float and.which may offer marine- related sales and services. "Marquee" means a permanent roofed structure attached to and supported by a building and projecting away from the building, usually over a public walkway and typically common to theaters. A marquee itself is not a sign, but is commonly used to support signs. "Medical laboratory" means a facility primarily engaged in providing analytic or diagnostic services on human specimens,'including body fluid or body tissue, or performing diagnostic imaging, to government agencies, to the medical, dental, or other health service professions or to the patient; includes the fabrication of dentures, eyeglasses and contact lenses, and prosthetic devices. "Medical office" and "clinic" means an establishment primarily.engaged in providing medical, dental or other health care services to patients on the premises, but which excludes facilities for overnight patient care. Medical clinics that do not have facilities for overnight patient care are included. "Mobile home" means a factory- built•dwellingbuilt before June 15, 1976, to standards other than the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5401 et seq.), and acceptable under applicable state codes in effect at the time of construction or introduction of the home into this state. Mobile homes are accommodated within some existing mobile home parks., but are "not allowed on individual lots. (See "Manufactured home. ") "Monument sign" means a freestanding sign placed on. a base of solid appearance, wherein the width of the'base is equal to at least forty (40) percent of the width of the sign face. "Motion picture theater" means any premises in which motion pictures are shown as the principal use of the premises, and wherein fees of any kind are charged, and wherein such movies are shown on a regular basis. "Multiple- building complex" means a group of structures housing a combination of business, office, residential, or other uses, and which shares a common area, access, parking and /or other facilities. "Multiple - occupancy building" means a single building housing more than one (1) retail business, office, commercial venture or other allowed land use. 18 2014 Zoning Code Amendments "Museum" and "gallery" means a building, room, vessel (boat or ship), or site intended for the preservation and exhibition of artistic, historical, or scientific objects. (n) Definitions "N ": "Nonconforming sign" means a sign that was legally established, but no longer conforms to the current sign standards of this title. "Nursery" and "greenhouse" means facilities used for the propagation and sale of agricultural or ornamental plants and related products: (1) "Retail nursery /greenhouse" offers products to the general public including plant materials, planter boxes, fertilizer, sprays, garden tools, and related items. (2) "Wholesale nursery /greenhouse" raises nursery stock for sale to retail nurseries or other businesses. (3) "Greenhouse" means a nursery facility constructed with transparent or translucent materials for indoor propagation of plants. A private greenhouse with no commercial sales is considered an accessory use. "Nursing/convalescent home" means any home, place or institution which operates or maintains facilities providing convalescent or chronic care, or both, for a period in excess of twenty -four (24) consecutive hours for three (3) or more patients not related'by blood or marriage to the operator, who, by reason of illness or infirmity, are unable properly to care for themselves. Convalescent and chronic care may include but not be limited to any or all procedures commonly employed in waiting on the sick, such as administration of medicines, preparation of special diets, giving of bedside nursing care, application of dressings and bandages, .and carrying out of treatment prescribed by a duly licensed practitioner of the healing arts. It may also include community -based care. This does not include group residential facilities, hospitals, sanitariums, or treatment centers. (o) Definitions "O ": "Office" and "business service, general" means a place of employment providing services other than production, distribution, sale or repair of goods or commodities, excluding personal business services and medical offices. General office and business services include: legal, architectural, engineering, consulting or other professional services, or management, administrative, secretarial, marketing, advertising, or similar services. "Off- premises sign" means any sign, including billboard signs,. that contains a message or directs attention to a business, profession, product, event, activity, or service that is not related to a use or activity conducted or offered on the premises or at the location where the sign is located, excluding official road direction signs but including the sign faces(s) that contain(s) the message or direction noted above, as well as the pole or other structure upon which the sign face is attached. Off - premises signs include off - premises banners and signs carried by human beings or live animals when carried on the public right -of -way or any off - premises location. "Open space" means land area not covered by buildings, roads, driveways, parking areas, or outdoor storage areas, including, but not limited to, landscape areas, gardens, walkways, courtyards, lawns, or outdoor recreation areas, the use of which is intended for and accessible to all of the persons residing in the development of which the open space is a part. Open Space. For zoning and development purposes, specific areas may be required for outdoor. recreation,, resource or sensitive areas protection, amenities, safety, or buffering. The calculations of areas designated to meet open space requirements may not include driveways, 19 2014 Zoning Code Amendments parking areas, required yard areas, land occupied by buildings or structures, nor other impervious surfaces, that are not related to the open space. "Opiate substitution treatment facility" means an organization that administers or dispenses an approved drug as specified in 212 Code of Federal Regulations (CFR) Part 291 for treatment of detoxification of opiate substitution. The agency is: (1) Approved by the Federal Food and Drug Administration; (2) Registered with the "Federal Drug Enforcement Administration; (3) Registered with the State Board of Pharmacy; (4) Licensed by the county in which it operates; and (5) Certified as an opiate substitution treatment agency by the State Department of Social and Health Services. "Outdoor athletic fields" means outdoor facilities used for sporting activities such as softball, baseball, football, soccer, running track, tennis complex and othe m r nonotorized sports. Outdoor athletic fields may include bleachers, concession stands, lights, restrooms. and other supporting facilities. (p) Definitions "P ": "Parcel" means a continuous quantity of land in single ownership or under single control, consisting of one (1) or more lots, and considered a unit for purposes of development. (See "Lot. ") "Park," "playground" and "open space" means a site designed, developed, or reserved for recreational use by the public, such as play areas, community gardens and natural areas: "Parking, satellite" means a parking lot containing parking stalls required for a permitted land use, but in a location not contiguous to or abutting the permitted land use. "Parking, structure" means a parking lot in which parking stalls are located either below grade, or in a multilevel building structure. "Paved surface" means a surface paved with asphalt, concrete, concrete pavers, brick or similar durable materials. Low - impact development technologies which provide a hard surface while allowing for water penetration'shall be classified as paved areas. Paved areas do not include gravel, crushed rock, and similar nonbound materials. "Personal service" means an establishment engaged primarily in providing services involving the care of a person, apparel or minor appliances, such as: shoe repairs, laundry and dry- cleaning, beauty and barber shops, clothing/costume rental, tanning, other personal grooming facilities and domestic assistance services; and personal computing device or cellular phone repairs. This does not include massage parlors, health care services, exercise establishments, nor funeral services. "Physical fitness and health club" means an establishment primarily engaged in providing facilities for indoor physical fitness activities and recreation. Physical fitness and health clubs may include such facilities as gymnasiums, swimming pools, and ball courts. "Pier" means a fixed structure, or a permanently moored floating structure, built over tidelands or shorelands, and used for a marine landing or moorage for watercraft. "Pole sign" means a freestanding sign supported by uprights or braces wherein the width of the uprights or braces comprises less than forty (40) percent of the width of the sign face. "Porch" means a roofed open area attached to a building or other structure, usually at an entrance to the structure. A porch that is enclosed, glazed or screened may lose its status as an . appurtenance. 20 2014 Zoning Code Amendments "Portable sign" means any sign designed to be moved easily and not permanently affixed to the ground or to a structure or building. A -frame or sandwich board signs and movable readerboard signs, are examples.' "Premises" means contiguous land in the same ownership or control not divided by a street or public right -of -way. . "Private club or lodge" means structures, facilities and grounds owned or operated by a private or fraternal organization for use by its members and guests. "Product sign" means any signmith a face consisting of more than fifty (50) percent of the area devoted to the advertisement of a commercial product or product logo without integrated advertising for the on- premises business establishment, community facility, or temporary event. "Projecting sign" means a sign, other than a wall sign, which is attached to and projects from a structure or building facade and the face(s) of which is not parallel to the building's facade. This sign may be supported by a structure in addition to its building or wall support. "Provider" means every corporation, company association, joint stock company, firm, partnership, limited liability company, other entity and individual licensed to provide personal wireless services over personal wireless communication facilities. "Public administration" means services and facilities operated by public agencies and serving a community need, and generally including staffed facilities or office spaces. These include government offices, post offices, satellite police and fire station, and other public buildings. "Public distribution /transmission facility" means the infrastructure lines and connections employed in the delivery and conveyance of utility services. Distribution facilities include equipment such as pipes, wires, cables and similar equipment necessary for delivering utilities including water, sewer, electricity, gas, broadband, and other services. Publicly owned utilities as well as privately owned utilities that serve the general public are included. (See also "Public utility facility. ") "Public utility facility" means facilities provided for the benefit of the general public related to infrastructure and utilities. These include structures and equipment such as transfer stations, substations, pumping stations, distribution mains, wells, and related utility facilities and the structures that house them. Publicly owned utilities as well as privately owned utilities that serve the general public are included. (See also "Public distribution facility. ") "Public information /identification sign" means a sign intended solely to inform the public of events or activities of community interest, to identify the entrance to or exit from the City or a district or neighborhood within the City, and which does not include the advertising of any business; product or service of a commercial nature, nor any logo, symbol, or other indication of a commercial message or sponsorship. "Public services" means services provided for the benefit of the general public, including fire protection and suppression, law enforcement, public health, education, information, recreation, environmental protection, development assistance /permitting, etc. W Definitions "R ": "Rapid charging station" means an industrial grade electrical outlet that allows for faster recharging of electric vehicle batteries through higher power levels, which meets or exceeds any standards, codes, and regulations set forth by chapter 19.28 RCW and consistent with rules adopted under RCW 19.27.540. 21 2014 Zoning Code Amendments "Recreational vehicle" means a vehicular -type unit primarily designed for recreational camping or travel use that has its own motive power or is mounted on or towed by another vehicle. These units include, but are not limited to, travel trailers, fifth -wheel trailers, folding camping.trailers; truck campers, and motor homes. "Recreational vehicle (RV) park" means a facility designed to provide two (2) or more sites on which to park travel trailers, motor homes or similar recreational vehicles for periods not to exceed thirty (30) days. Accessory uses to an RV park often include a swimming pool, playground equipment, convenience store, bathing and laundry facilities, and other camping/travel services. "Recycling center" means a facility for the collection, storage and processing of recyclable materials including crushing, breaking, sorting, packaging and related operations. A "junk yard" is not a recycling center. "Recycling collection station" means.a facility consisting of structures, bins, or other containers designed or intended for the collection and temporary storage of recyclable materials until they are picked up and transported to another location for processing and /or packaging. "Recycling collection station (limited)" means a recycling collection station for the collection of glass, tin cans, aluminum, cardboard, newspaper, magazines, plastics, and other recyclables in small units, but not including large appliances, furniture, auto parts, tires, hazardous or liquid wastes, or any forms of domestic garbage (putrescible wastes). "Rehabilitation" means the upgrading of a building from a dilapidated or substandard condition. "Residential, as secondary use" means when permitted in a nonresidential zone, a residential land use is not always accessory to other uses, but is considered secondary and subordinate to the principal uses of that zone. Residential uses are placed in locations that don't conflict with street level frontage locations that are reserved for retail, office and other business uses that comprise the primary function of that zone. (See design standards in center and corridor zones.) "Residential use" means structures meeting the definition of Group R, Division 3 occupancies under the edition of the International Building Code currently adopted for use by the City. "Restaurant" means a commercial use which sells a variety of prepared food and beverages and provides accommodations, for consuming those products on or off the premises. "Restaurant, fast food" means an establishment whose principal business is the sale of a limited variety of preprepared or rapidly prepared food and beverages directly to the consumer for consumption either on- premises or off - premises. Food is generally not served to the customers' tables, but is more often dispensed through a walk -up counter or drive - through take- out window. "Retail, general" means an establishment primarily engaged in the sale or rental of goods or merchandise to the general public for personal or household consumption, and primarily rendering services incidental to the sale of such goods. Establishments with a portion of their sales going to other businesses or contractors, such as office supply stores, butcher shops, paint stores, hardware stores and similar shall also be considered general retail. Art studios shall also be included. General retail uses do not exceed seventy -five thousand (75,000) gross square feet of ground floor building area and do not include gas stations or automobile sales. "Retail, large" means an establishment with a building area of seventy -five thousand (75,000) gross square feet or greater in the ground floor, primarily engaged in the sale or rental 22 2014 Zoning Code Amendments of goods or merchandise to the general public or other businesses for personal, household or business consumption and primarily rendering services incidental to the sale of such goods. Large retail uses often include wholesale stores, discount stores, malls, shopping plazas, outlet centers, department stores and similar. (s) Definitions "S ": S- n- H d- board sign" fneans a pei4able sign eensti-7ueted of two (2) equal or- roti� equa4 portions, hinged at the top stieh that when plaeed on the ground the sign is self suppol4ifig, Safidwieh beafd signs typiea4ly fem the shape of a letter- "A" when opefied and r-esting on th "S atellite " " " " " _ Dish -_See omnidirectional antenna under Antenna, wireless. "Senior citizen" means an individual of fifty -five (55) years of age or older. "Senior housing complex" means a planned residential community, intended and operated for occupancy by sene senior citizens, which consists of any mix of detached single - family or duplex dwellings and /or retirement apartments, wherein at least eighty (80) percent of the occupied units are occupied by at least one (1) senior citizen. " minimum" means the required horizontal . distance between the finished exterior wall of a structure and the lot line of the lot on which it is located. All portions of a structure must be located away from the property line a distance equal to or greater than the minimum setback. "Setback, maximum" means a required maximum horizontal distance between the finished exterior wall of a structure and the lot line of the lot on which it is located. Where maximum setbacks are stipulated, zone districts specify what portion of the structure's finished front facade width must be located a distance equal to or lesser than the maximum setback from the property line. A maximum setback shall apply to the height of a structure up to fifteen (15) feet above grade, or the height of the building, whichever is less. Where not specified, no maximum setback shall apply. "Shop:" Refer to the definition of "storage building." "Shopping center" means a contiguous collection of retail businesses under one (1) ownership or common management located in a building or set of buildings. "Sidewalk vendor" means a person(s) who sells edible or nonedible merchandise from a stand, booth, cart, basket, tray, table or other device on any sidewalk, street, highway or public place. They are not categorized as a land use. "Sign" means any communication device, structure, or fixture which is intended to identify a building, use, business, or event; or to promote the sale of products, goods or services; using graphics, letters, figures, symbols, trademarks or written copy. Painted wall designs or patterns which do not represent a product, service or registered trademark, and which do not identify the user, are not considered signs. (See. sign provisions of this code.) "Sign structure" means any structure specifically intended to support a sign, and which may include supports, uprights, braces, framework, or other members needed for support. "Social services" means establishments primarily engaged in providing social and rehabilitation services to improve life skills and increase socioeconomic. opportunities for neighborhood or "community residents of all ages. Establishments primarily engaged in providing welfare and charitable functions are included. 23 2014 Zoning Code Amendments "Stacking lane" means a designated driving lane provided for vehicles waiting for, receiving, and exiting after receiving a service at a drive -up window from a permitted use. The lane is physically separated from other traffic and pedestrian circulation on the property and includes adequate area for cars to wait for service.. "Stadium and sports complex" means a large structure for open -air sports and entertainment generally consisting of tiered seating where people can sit and watch games or events. Sports complexes may also include recreational motor vehicle tracks such as go -cart tracks. Associated field houses and facilities for serving food are often included. "Storage building" and "shop" mean an attached or detached accessory structure which is used for noncommercial storage of household goods or noncommercial recreational and hobby uses in association with the principal use. "Storage yard, outdoor storage" means an outdoor area where vehicles, equipment, merchandise, raw materials, or other items are accumulated and stored for an indefinite period until needed. Storage yards are often used in conjunction with a warehouse, storage buildings, sheds or other structures and may be public or private., Unless a function of a government agency or public utility, storage yards are considered accessory to a business or other principal use. "Story" means that portion of a building that extends from the floor surface to the surface of the floor above or, in the case of a top floor; to the ceiling or roof above. If a finished' floor level is more than six (6) feet above the finished grade for more than fifty (50) percent of the total perimeter, the area beneath that floor shall be considered a story. "Street" means the improved section of any,.public or private right -of -way intended primarily for motor vehicle travel and which affords the principal means of access to abutting property, together with bicycle lanes, sidewalks, and related improvements. "Street, private" means a parcel 'at least twenty (20) feet in width, created specifically to provide motor vehicle access to abutting properties, the owners of which share in its ownership and maintenance responsibilities. "Structure" means that which is built or constructed. "Structure, accessory" means a structure that is incidental and subordinate to a principal structure and which is customarily found in connection with the principal structure and located on the same lot or parcel. "Structure, principal" means a structure containing one or more principal uses, as permitted by the zone in which, the property is located.. "Structure, temporary" means a structure which does not have, nor is it required by the International Building Code to have, a permanent attachment to the ground but is subject to building permits. "Support structure" means any existing or proposed building, utility pole, or tower capable of supporting a wireless telecommunications antenna. Support structures include, but are not limited to, existing buildings, water towers, and utility poles and /or towers. . (t) Definitions "T": "Temporary sign" means'a sign that is not'permanently affixed, and which is intended for short-term use, such as to advertise a specific activity such as a special promotion, sale, or fund= raising event, but not including political or election signs. For the purposes of this code, temporary signs are those displayed for between seven (7) and sixty(60) days. 24 2014 Zoning Code Amendments "Tower" means any structure that is designed and constructed primarily for the purpose of supporting one (1) or more antennas, 'including but not limited to self - supporting lattice towers, guy towers or monopole towers. (1) "Type I tower" means a tower up to, but not exceeding, sixty (60) feet in height. (2) "Type II tower" means a tower greater than sixty (60) feet in height. "Townhouse," for purposes of this code, means a single -unit structure in a row of at least three (3) such units in which each unit has its own front and rear access to the outside, no unit is located over another, and each is separated from any other unit by one (1) or more common fire - resistant walls. Ownership of each unit includes ownership of an individual parcel of land beneath the unit and usually includes a privately owned outdoor area as well (private yard or open space). The remainder of the grounds, private streets or driveways, and recreational facilities are owned in common, similar to condominium ownership. "Transient person" means a temporary lodger who stays no longer than thirty (3 0) days per visit. "Transportation facility" means facilities in support of mass transit or multimodal forms of transportation, including transit stations, transit stops, taxicab stands, transportation services, bicycle facilities battery charging stations, electric vehicle charge stations, and similar. (u) Definitions "U ": "Use" means the purpose or activity for which land or improvements are intended, occupied or maintained. "Use, accessory" means a use that is incidental and subordinate to a principal use, which customarily is found in connection with the principal use, and which is located on the same lot or parcel such as a private garage, hobby shop, workshop, personal greenhouse, and required off - street parking. "Use, conditional" means a use that is not permitted outright, but may be approved through a conditional use permit process. "Conditional use" shall have the same meaning as "special use," as employed in Bremerton Municipal Code. "Use, principal" means the primary or main use conducted or allowed on a lot or parcel. "Use, temporary" means a use that may occur on a lot on a short-term or seasonal basis for a prescribed period of time, which usually does not exceed a six (6) month duration during a twelve (12) month period. (v) Definitions "V": "Vehicle- or trailer- mounted sign" means a sign placed or'maintained on a stationary automobile, truck, trailer, or any other motor -driven vehicle. Vehicle- or trailer- mounted signs do . not include signs painted or placed on commercial vehicles announcing or advertising the regular business activity'of the vehicle owner. Vehicle- or trailer- mounted signs do not include signs on vehicles for sale at a licensed sales lot, nor signs on public transit vehicles including buses and licensed taxicabs. "Vesting.". A fully completed development application is "vested" at the time it is received by the permitting authority. The development may then be processed, permitted and carried out under the zoning, land division, and other regulations that were in effect when vesting occurred. "Veterinary clinic" and "animal hospital" mean a facility: providing routine and emergency medical attention to domestic pets and other animals. 25 2014 Zoning Code Amendments (w) Definitions "W ": "Wall sign" means a sign attached directly to or erected against the wall of a building with the face parallel to the facade of the building and extending no more than twelve (12) inches from the wall. "Warehousing" means establishments involved in the storage and /or sale of bulk goods for resale or assembly, including wholesaling. This does not include establishments offering the sale of bulk goods to the general public, which may be classified as large retail. "Whip Antenna." See "omnidirectional antenna" under "Antenna, wireless." "Wireless telecommunications facility" means a facility for the transmission and reception of radio or microwave signals used for communication, cellular phones, personal communications services, enhanced specialized mobile radio or any other services licensed by the FCC, and unlicensed wireless services including but not limited to associated equipment shelter, support tower and antenna array. "Worship and religious facility" means a building or structure primarily intended as a place for public worship and related activities such as religious education, meeting halls, and kitchens, or places for personal worship or meditation. It does not include preschools, parochial schools, day care facilities, major recreational facilities, vehicle or equipment storage yards, or other functions that are not clearly a necessary or integral part of the religious institution. W Definitions "Y ": "Yard" means that portion of a lot that lies between a lot line (property line) and the building line. (See also "Lot, front," "Lot; side," and "Lot, rear.") (1) "Front yard" means the yard area extending the full width of the front of a lot between the front property line (lot line) and the front building line. (2) "Rear yard" means a yard extending the full width of the lot between the rear property line (lot line) and the rear building line. When irregular lots, through lots, and corner lots have no rear lot lines, they will have no rear yard areas as defined. (3) "Side yard" means a yard between the side lot line and the side building line and extending from the front yard to the rear yard. Triangular lots, corner lots; or other irregularly shaped lots may have only front and side yards. Through lots generally have two (2) front yards and two (2) side yards, but no rear yard as defined. "Yard, Construction or Storage." See "Storage yard." (z) Definitions "Z ": "Zero lot line" means the location of a building on a lot'in such a manner that one (1) of its sides rests directly on a side lot line with no setback. SECTIONS. Section 20.48.150 of the Bremerton Municipal Code entitled "Electric Vehicle Charging Stations" is hereby added to Chapter 20.48 as follows: 20.48.150 ELECTRIC VEHICLE CHARGING STATIONS. For uses in allowed zones and where parking is provided, electric vehicle char gin stations are encouraged and shall comply with City Building Code and Washington State Electrical Code (WAC 296.46B). 26 2014 Zoning Code Amendments SECTION 6. Section 20.52.050 of the Bremerton Municipal Code entitled `.`Prohibited Signs" is hereby amended as follows: 20.52.050 PROHIBITED SIGNS. The following signs are prohibited within the City limits of Bremerton and shall be subject to removal through amortization or other means: (a) Strobe lights or any other flashing, moving or animated features that are visible beyond any property line. Readerboard or message center signs that change copy no more frequently than at two (2) second intervals, and time /temperature signs are exempt from this provision. (b) Pole signs in all zones except the freeway corridor (FC) zone and the industrial (I) zone. (c) Private signs placed within a public right- of except a projecting sign, may be permitted over a sidewalk if a clearance of at least eight (8) feet is maintained between the sidewalk and the bottom of the sign. (d) Any sign that is determined by the City Engineer to be a hazard to public safety . due, to its design, materials, physical condition, or placement. (e) Signs painted, attached to, or otherwise supported by rock formations, utility poles, trees or other plant materials. (f) Bench signs, when installed within the public right -of -way. When on private property, the size of a bench sign will be counted toward the total allowable sign area. (g) Portable signs within the public right -of -way except port able sa ndwidh signs per. BMC 20.52.160°ra 20.52 17-0 (h) Off - premises signs including billboards. (i) Product signs, other than those at a franchise business identifying the franchise product. SECTION 7. Section 20.52.070 of the Bremerton Municipal Code entitled "Sign Placement Requirements" is hereby amended as follows: 20.52.070 SIGN PLACEMENT REQUIREMENTS. (a) All signs, including supporting structures, shall be erected or placed totally within the boundaries of the site and not within any public right -of -way, except for the following: (1) Public authority and other traffic- related signs; (2) Temporary banner signs advertising a public event, which meet City approval; (3) Approved signs overhanging public walkways; and (4) Approved op rtable sand wieh be signs per BMC 20.52.160. and 20 PO-. (b) A vision clearance setback shall be maintained of at least fifteen (15) feet from the edge of all private and public roadways, alleys and driveway intersections. (c) A vision clearance setback shall be maintained of at least ten (10) feet from the edge of existing or planned roadways. Signs may be allowed within the clear- vision setback if: . (l) A pole sign is allowed by the zone; (2)'.' The top of the sign,is three (3) feet or less above the grade; . (3) The bottom of the sign is eight (8) feet or greater above the grade; or 27 2014 Zoning Code Amendments (4) The posts and support structure have a diameter no. greater than twelve (12) inches within this area. (d) A pedestrian clearance is required for any projecting sign (8) feet above grade or sidewalk as measured to the bottom of the sign. (e) A projecting sign may extend over a public right -of -way or public pedestrian walkway up to six (6) feet past the property line, but in no case shall the sign extend over a street or other area used by motor vehicles. (f) The setbacks for freestanding signs may be reduced to zero (0), provided the sign complies with the vision clearance requirements. (g) Freestanding signs shall not extend beyond property lines. SECTION 8. Section 20.52.130 of the Bremerton Municipal Code entitled "Special Purpose Signs" is hereby amended as follows: 20.52.130 SPECIAL PURPOSE SIGN REGULATIONS. Special purpose signs for uses such as churches, schools, and parks, shall comply with the requirements for the commercial zone as prescribed in BMC 20.52.100 When a established business use sign, that is not otherwise regulated by Title 20, is located in the low density residential zone, the special purpose sign regulations shall apply. In addition, the following shall apply: (a) Freestanding Signs. (1) Sign Area. The maximum area of a freestanding sign shall'be limited to fifty (50) square feet. (2) - Number of Signs. Only one (1) freestanding sign is allowed each street frontage. (3) . Height. The height of a freestanding sign shall not exceed six (6) feet. (b) Building Signs. (1) Sign Area. The aggregate area of all building signs, projecting signs, and other signs attached to buildings shall not exceed one hundred (100) square feet. (2) Number of Signs. There is no limit to the number of individual building signs, provided the maximum aggregated sign area is maintained. (c) Illumination. When located within the low density residential zone, the sign shall not be illuminated between the hours of 10:00 p.m. and 7:00 a.m. SECTION 9. Section 20.52.060 of the Bremerton Municipal Code entitled "Downtown Zone Sandwich Board Signs" is hereby amended as follows: 20.52.160 PORTABLE SIGNS. Portable Sandwieh b signs leeatea with the a„wtit^. *n nna e° °r° zones may be placed on sidewalks or portions of the pedestrian public right -of =way subject to the following conditions:. (a). A minimum four (4) feet of unobstructed sidewalk or pedestrian path must be maintained. A sandwich board sign shall not be allowed on sidewalks with less than four (4) feet in width. (b) PortableC° signs may not be placed in the driving lanes,of a public street or in parking stalls on the public right -of -way. 28 2014 Zoning Code Amendments (c) One (1) sandwich board is allowed for any licensed business. The sign must be displayed immediately adjacent to the main entrance of the business employing the sign. (d) Portable Sandwieh beams signs shall not exceed thirty -two (32) inches in width or thirty -six (36) inches in height as displayed. (e) PortableSandwieh b e; signs shall be pro fessionally'lettered, neatly painted or assembled, and remain in good repair. (f) Portable Sandwieh b signs shall be constructed to.avoid being blown from their intended location and to avoid tipping or falling. (g) Portable' a el signs shall not be internally lit, not have moving parts, nor shall any attachment or portion of the sign extend beyond the thirty -two (32) by thirty -six (36) inch maximum dimensions established in subsection (d) of this section. (h) Portable signs shall be displayed during daylight hours only and shall be removed by the business owner immediately after dusk each day. (i) Any site landscaping required by the City shall not be altered to accommodate a sandwich board sign. 0) Portablegandwieh b ea signs shall not block intersections or otherwise constitute a public safety hazard. (k) Pursuant to RCW 47.42 and WAC 468 -66, placement of portable signs on the public right-of-way of SR 3, SR 303, SR 304, and SR310 is prohibited. Gk) Placement of port able sa ndwieh be signs on the public right -of -way in violation of this section will result in immediate removal of the sign from the public right -of -way by City personnel. SECTION 10. Section 20.52.170 of the Bremerton Municipal Code entitled "Sandwich Board and Portable Signs — All Zones" is hereby deleted in its entirety: SrrN il[7UICH BOARD AND PORT SIGNS ALL 7 Sandwieh board signs and peftable signs not leeated within a doA%toi" or- eenter- zon LL1V allowed VU VL11V1 111 other 11 o .,ll., : „ V111 V s 1 e �t;.,l ZV12Gi „je t 41,0 f 11.,.. if . ,1 „'t' id UV11Ll{A1) i) R b �f BMG 20 c 660(1,) tl ,, „,. (k) J C „«,.1,1 eh bo 1. t .l 'thi bli 1,4 f ,1 .1 tl, (bj . �, cr Si�riJZircr�v c 1 zv �ucccrv rlxiii u�tLV rrgrc - v , vcrrrl e tha t we l ve (1 2) ; e �-ef th f th t t, ..lulu .....+... twelve vlry �1�.� 1 1avJ 1 111 t u1v luvv Vl .rcr av cur v. t , t. (1 2) ;,, from th f e e o f th s4 ..t„ e 1.V `1L.rJ 111 V11VJ from L11V 1{.[V� pl G1rV�i LI�{7[.LTI� (d) D..f( able sh no t b 1,.;..,tead within- � bli l,t ,.�'.1 ay and sh 1,' 1 t a within five (5) feet of the priaeipa4 eenuner-eial stfuetur-e that the sign is asseeiated w4h7 �..� i V VaV i�1U Uiiuii 11VL VV 1V,VULV YY 1L11111 u Yuvr r � rr�111 SECTION 11. Section 20.52.180 of the Bremerton Municipal Code. entitled "Nonconforming Signs" is hereby amended as follows: 20.52.180 NONCONFORMING SIGNS. (a) Applicability. This section applies to the maintenance, repair, ; as appropriate, and removal of nonconforming signs. "Nonconforming sign" means a sign that was legally established, but no longer conforms to the current sign standards of this title. 29 2014 Zoning Code Amendments ■ 0 PVA#1 ~11 OWN ■ . IWO in Mr F1% Al MUMMArif ■ y. ■ / / govefameat aequisition of pr-epei4y for- right of way ptir-suafA to BMG 20.52.190 shall b date of sup-ah aetion or- aetivity. Upon the expifation of the amortization period, the therefore be ifamediately r-emoved upon the expiration of the ameffization period. 2kfnoffization is the sole method of eempensation for- r-emwva4 of signs pufseant to this seetion. (3) Pe mitting Dem.. as Am.,Ai 4ie R do e ,�a,•,��itti g CST ) T ) r-efneval And- —arne-r-tization pr-evisiefl Aelfsil-lbsiece-fiefis (f) and (g) of this section do not apply to an) sign whieh would require the City to pay eompensatien for- its reffieN�4 tinder- any ) other l4w, ineltiding Chapter- 4Z._42 ); a�� (4) Loss ef Lega4 Neneonfefming Sign Status. (b) Maintenance and Repair of Off - premise Signs. Any nonconforming off- premise sign shall immediately lose its legal nonconforming designation, and be removed or.brou t into conformity with the provisions of this chapter, when one (1) or more of the following events occur: (1) Alterations to sign: (i) Any structural alteration to an off - premise sign shall result in the loss of its nonconforming status. This does not include replacing the he signs message or painting. (ii) In no case shall an off - premise sign be permitted to be expanded or enlarged. Adding electronic components that move, flash, or change cop i� permitted. (c) Maintenance and Repair of On- premise Signs. Any nonconforming on- premise sign shall immediately lose its legal nonconforming designation, and be removed or brought into conformity with the provisions of this chapter, when one (1) or more of the following events occur: (1) Alterations to sign: (i) If alterations are made to the sign that exceed twenty-five (25) percent of the replacement cost of the sign it shall lose its nonconforming_ status; or (ii) For freestanding signs,'re -facia the he sign with a new message is permitted, however if the cabinetry housing the he sign is removed, or is intended to be replaced, the sign shall lose its nonconforming status; or (iii) In no case shall an on premise sign be permitted to be expanded or enlarged. (2) Alteration to associated business or site: Should a business with a nonconforming sign undergo remodel or site improvements, the sign shall lose its nonconforming status under any of the following circumstances: (i) The onsite renovation, construction, or other site improvements exceed seventy -five (75) percent of the assessed improvement value of the site; or (ii) Onsite construction/improvements costs exceed fifty thousand (50,000 ) dollars. (3) Cessation: If the sign has not advertised for an existing business on the subject property for one (1) year or more the sign shall lose its nonconformin stg atus• All 11V 11VVaaaviiiiiiib signs ..iaau.aa be 11111i1VUlulV1,' 1 V111V v Vu y liavclZll Vl1 - l.v t+o 31 2014 Zoning Code Amendments ififfnediately lose its legal Fieneenfeffning designation when ofte (1) of fnefe of the fellowin eve nts the gross floof afea of any stfue4tf� that houses or- suppofts �he use with which th legal „f f i„g s me l (ii) Other- Altera4ions. The app ie-a-ftt is m any ehange alteration o per-fiaffning work othef than noffnal maintenanee of other- than tenant impfovements, in any work exeeeds twenty five (25) pefeent of the assessed valtie of that stfuettife based on th b p f f it y al„ati o table (iii) Abandom Sent or- Business Cessation. rrThe s bjeet pfopefty eondueted on the subjeet pr-opefty eeases feF one hundred eight) (180) eonseeutive days-. (iv) Sig�o T 2e } ° Sant is miiking e c ic alterations o� per-f6fraing any work to the legal noneonferming sign other- than fegulaf and noffnal replaoing the sign. H" feplaeiag any individual tenant's identifieation sign in either- identifieation sign whieh sepffately identifies the tenants or- in a tenant difeetofy sign sha4l no 14 „lt in the loss �, f suet, sign's legal r of f f r. ig sign .lesig„atioft � t GIZ4 ( v) Change in Use. There has been a ehange'4n use on the subjee4 prepert. � n fin s that to s defined i thi 6ha l ( Change in T enant. Th e r e h as v i bus or ehange iii T„ n ent,nr. with n m ulti „ 1tte ,r,a n rle. the fo regoi n g e e+,t w- i r-equife th-at. -;; fl._Afleffl�.foffning sign be eith6f r-emoved of br-otight into e0fifoFfn anee with this e shall apply only to the individual ownef's or- ienant's building mountedof fireest—Anding signs th have triggered the eliminatilon off-the legal noneonfeffnanee and not to the other- signs loeated in • in VV1111VV61 Vll YY 1611 (All,' 1116{11.1 use 111 Gp1 L1 , t Amer t/1 el s lab. tenant's r SECTION 12 Figure 20.52(a) set forth in Chapter 20.52 of the Bremerton Municipal Code entitled "Freestanding Sings: Zone - Specific Size and Design Requirements is hereby amended to revise the size requirements for Neighborhood business Signs as follows: Freestanding Signs: Zone - Specific Size and Design Requirements Freestanding Sign Commercial Zones Type Max. Height Max: Size', 2 Commercial Corridor (CC) Monument only 8 60 sq. ft. Wheaton Way Redev. Corr. (WWRC) Monument only . 8' 60 sq. ft. Neighborhood Business (NB) Monument only 6' 6048 -sq. ft.` Limited Commercial (LC) Monument only 8 60 sq. ft. 32 2014 Zoning Code Amendments Freeway Corridor (FC) Any 35' 100 sq. ft. Marine Industrial (MI) Monument only 8' 100 sq. ft. Industrial Park (IP) Monument only 8' 100 sq. ft. Industrial (1) Any 25' - Institutional (INST) Monument only 8' 60 sq. ft. Downtown and Centers Zones Freestanding Sign Type Max. Height Max. Size Neighborhood Center Core (NCC) Monument only 8' 60 sq. ft. District Center Core (DCC) Monument only 8' 60 sq. ft. Downtown Core (DC) Monument only 8' 60 sq. ft. Downtown Waterfront (DW) Monument only 8' 60 sq. ft. Business Core (BC) Monument only 8' 60 sq. ft. Employment Center (EC) Monument only SECTION 13. Section 20.92.020 in the Bremerton Municipal Code entitled "Outright Permitted Uses" is hereby amended as follows: 20.92.020 OUTRIGHT PERMITTED USES. The following uses are permitted outright: (a) Co- location of wireless telecommunications facilities per BMC 20.46.140 (b) Community use facility; (c) Day care facility, all; (d) General office and business services; (e) Finance, insurance and real estate; (f) General retail; (g) Hotels and lodging places; (h) Medical offices; (i) Outdoor athletic fields; (j) Park playgrounds and open space, and parks; (k) Personal service business; (1) Physical fitness and health clubs; (m) Public administration; (n) Residential uses of the following types: (1) Group residential facility - Class I; (2) Multi unit s*Aw4uFeNursing convalescent home (3) ,.T,,,. , ale ent hem Senior housing co'mplex (4) c°„; ^r housing eom le Single -unit dwelling structure, attached or detached t �, ., a a ,, ,, a (5) Seigle �- �a�tu��«�e��� -unit dwelling structure 33 2014 Zoning Code Amendments (6) Townhouse; (o) Restaurants and drinking places; (p) Schools and education uses; (q) Transportation facility; (r) Veterinary clinic; (s) Worship and religious facility. SECTION 14. Section 20.98.020 of the Bremerton Municipal Code entitled "Outright Permitted Uses" is hereby amended follows: 20.98.020 OUTRIGHT PERMITTED USES. The following uses are permitted: (a) Co- location of wireless telecommunications facilities per BMC 20.46.140 (b) Community facility; (c) General office and business services; (d) General retail associated with an.institution; (e) . Higher education and colleges; (f) Hospitals; (g) Medical offices and clinics (h) Outdoor athletic fields and park playground and open spaces; (i) Parking as a principal use; . 0) Public administration; (k) Residential uses of the following types: (1) Group residential facility - Class 1; (2) Nursing convalescent home; (3). Senior housing complex; (4) Single -unit dwelling unit structure attached or detached; (5) . Multi -unit dwelling structure (6) ' Townhouse; (1) Restaurants; (m) Schools and education uses; (n) Transportation facility; (o) Welfare and charitable services and facility; (p) Worship and religious facility. SECTION 15. Severability. If any one or more sections,'sub- sections,. or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 16. 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. 34 2014 Zoning Code Amendments PASSED by the City Council the day of , 2014 GREG WHEELER, Council President Approved this day of 1 2014 PATTY LENT, Mayor ATTEST: APPROVED AS TO FORM: SHANNON CORIN, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the day of 5 2014 EFFECTIVE the day of 5 2014 ORDINANCE NO. k: \Legal \Legal \Ordinances \Community Development\2014 Zoning Code Amendments.docx 35 2014 Zoning Code Amendments EXHMIT A FINDINGS AND CONCLUSIONS OF THE CITY OF BREMERTON PLANNING COMMISSION Summary: The proposed amendments to Bremerton Municipal Code include the repealing of Chapter 19 relating to mobile home parks and amending Title 20 Land Use Chapter, related to electric vehicle charging stations, sign code provisions and ensuring consistency between the Institutional and Employment Center Zones. I: FINDINGS OF FACT ti_ Project Description: The proposed amendment package includes revisions to both Title 19 and Title 20 as follows: Repeal chapter 19 in its entirety. This chapter relates to mobile home parks. It is in conflict with other provisions of the BMC that address development standards and allowed locations for mobile homes. • Add language to several sections of Title 20 to ensure the City's code is in compliance with the State requirements for electric vehicle charging stations. *� Update the sign code to generally improve consistency and clarity, replace amortization with other requirements more in line with other nonconforming provisions within the BMC, and revise language relating to sandwich board signs for consistency between zoning districts. • Revise the allowed residential use list in both the Employment Center Zone and Institutional Zone to ensure language is consistent between both and terms that are used are clearly defined. 2. Procedural History: 2.1 Planning Commission Workshops: January 21, 2014 2.2 Notice of Public Hearing: February 8, 2014 2.3 SEPA Threshold Determination DNS: February 10, 2014 2.4 Planning Commission Public Hearing: February 18, 2014 3. Public and Agency Comment: 3.1 At the workshop held on January 21, 2014, public comment were offered by Rick Cadwell and Chris Campana who were both in favor of modifications to the increase in residential uses allowed in the Institutional Zone. 3.2 Written comment received to date: Pat O'Leary of WSDOT Highway Advertising Control Program, commented February 2G 2014. 3.3 At the February 18, 2014 Planning Commission Public Hearing public testimony was offered by: Priscilla Bailey and Roy Runyon, both in favor of relaxing sign code standards. 4. SEPA Determination: A Determination of Non - Significance was issued on February 10, 2014, to date no comments or appeals have been filed. 1 5. Consistency: Text amendments to Title 20 shall meet the decision criteria outlined in BMC 20.18.020(d). The Planning Commission may recommend, and the City Council may adopt or adopt with modifications, .an amendment to Title 20 if the criteria outlined below are met. (1) It is consistent with the goals and policies of the comprehensive plan; Analysis. The proposed amendments continue to uphold the objectives and goals of the Comprehensive Plan, and implement the following policies: CC2A: Utilize zoning and design standards that have flexibility and incentives to ensure excellence in urban design, and which are compatible with surrounding land uses. CC28: Ensure that infill construction and area redevelopment are done in a manner that reinforces the neighborhood's desired and defined character and that architecturally compliments the commercial and residential areas. LU3A: Provide development incentives and flexibility within the Zoning Code to encourage desirable design elements with flexibilities within the Zoning Code provisions for all new development and redevelopment. EC1C. Encourage redevelopment of underutilized land. EC5A: Expedite the permit and development process. (2) It does not conflict with other City, state and federal codes, regulations and ordinances. Analysis: The proposed amendments do not conflict with any other regulations. II. CONCLUSIONS & RECOMMENDATION Based on the findings above, the Planning Commission concludes that the proposed amendments to the Bremerton Municipal Code Title 20 Land Use Chapter, meets the requirements in BMC 20.18.020(d) text amendments, and therefore recommends to the City Council, the adoption of amendments to Title 20. Res ully submitted by. rea L. S e , Executive Secretary 2 DEPARTMENT OF COMMUNITY DEVELOPMENT MEMORANDUM To: City Council From: Nicole Floyd, Senior Planner Date: April 9, 2014 Subject: Zoning Code Amendments EXECUTIVE SUMMARY The Planning Commission has unanimously recommended that the City Council review and approve the proposed Ordinance in order to make the following changes to the Bremerton Municipal Code related to land use issues, as follows: • Mobile Homes: Repeal of Title 19 regulating mobile homes. This this section is in conflict with other code sections and is outdated. • Electric Vehicles: Addition of language in several sections of the code to ensure compliance with State code relating to electric vehicle charging stations. • Sign Code: Updating sign code standards to eliminate sign amortization as the preferred method of replacing nonconformities, and generally improving consistency of sign requirements across zoning districts. • Multi - Family: Revising both Institutional and Employment Center zoning to ensure better consistency between the two zones and to allow multi - family within the Institutional Zone. ATTACHMENTS Attachment I — Minutes from the Planning Commission hearing held on 2/18/2014 and the workshop held on 1/21/2014. TITLE 19: MOBILE HOMES Title 19 is inconsistent with the provisions contained in Title 20. While manufactured homes are allowed on private lots, much the same as a single family residence is allowed, mobile homes and the creation of mobile home parks have been prohibited for many years. Due to safety hazards mobile homes were no longer manufactured after 1976, and instead were replaced by manufactured homes. As Title 19 is not within the Zoning Code and instead located in a separate chapter it is likely that rather than being repealed when subsequent zoning code language was prepared it was instead inadvertently left in effect. The Title 19 provisions were written and last updated in the 1960's and are outdated. The Planning Commission recommend the City Council repeal Title 19 as it is has been replaced by other code provisions related to manufactured homes. ELECTRIC VEHICLE INFRASTRUCTURE The City of Bremerton does not specifically address electric vehicle charging, or battery exchange facilities, in the regulatory code. State law SSHB 1481, requires that local governments development regulations to allow electric vehicle infrastructure in all zones except those zoned for residential, resource, or critical areas. The Planning Commission recommends the amendments seen in the proposed Ordinance in order to satisfy SSHB 1481. These amendments include revision to BMC 20.48 Off - street Parking Requirements and BMC 20.42 Definitions, allowing for future electric vehicle infrastructure. The proposed amendments provide for the following: • More intense uses, such as rapid charging stations, are limited to areas where gas stations are permitted. • Ensure electric vehicle charging stations are not a stand -alone use, by regulating them as an accessory use. • Providing several definitions to ensure clear understanding of the different components associated with electric vehicle changing stations. SIGN CODE Several sections of the code have been identified for minor modification to increase readability. Other sections have been reviewed for modification to better implement the vision in the Comprehensive Plan such as the nonconforming sign provisions. The Planning Commission recommended Ordinance includes the following sign code amendments: • Page 2 1. Special Purpose Sign Regulations — Combine the special purpose sign code section with the residential sign standards. Special purpose signs are typically commercial signs within the Low Density Residential zone. These signs are associated with existing businesses, schools and parks. The Planning Commission determined that the code requirements for signs related to apartment complexes were very similar to those assigned to special purposes signs. For that reason, Staff recommends.removing the special purpose sign section and combining it with the residential sign section. 2. Portable Signs — Portable signs are currently regulated by two separate code sections, one specifically for Downtown and the other for sandwich boards and portable signs within the remainder of the City. It is unclear why there are two sections, as the differences between them appear to be nominal. Following deliberation, the Planning Commission's recommendation is to combine the regulation of portable signs into one section with the following other ancillary changes: • Change the section title to `Portable Signs' instead of "Sandwich Board Signs ", as the sections are combined the resulting code must address all portable signs, not just sandwich boards. • Replace the term sandwich board throughout the section with the term portable sign as sandwich boards are defined as a type of portable sign. • Allow for greater flexibility and clarity as to the allowed location of portable signs. Following the Planning Commission's Public Hearing and recommendation the Washington State Department of Transportation submitted a comment letter requesting additional language was added to ensure that portable signs were not permitted to be located on State Highways. Following this comment letter, Staff has included language satisfying this request. As the comment letter was received after the Planning Commission Hearing it is therefore an addition made following the Planning Commission's recommendation. 3. Nonconforming Signs —The current code establishes that all existing legal nonconforming signs must be removed and replaced with conforming signs following a grace period of 10 years following adoption of the code through a process called "Amortization ". This deadline is now upon the City, and rather than following the required procedures, the Planning Commission has recommended other more equitable means for bringing nonconforming signs into code compliance. The proposed amendments replace the amortization program with updated nonconformity provisions that separate nonconforming signs by two • Page 3 distinctions: off - premise signs and on- premise signs. The proposed revisions trigger nonconforming signs removal when modifications are proposed by the applicant to the sign rather than all at once. The Comprehensive Plan identifies off- premise signs as a priority for removal, and the proposed amendments reflect this precedence. Amendments aim to achieve a similar goal, of eventual compliance with the visions within the Comprehensive Plan, by triggering compliance as follows: a. Off - premise signs: • Any alterations made to structural elements of the sign will result in the loss of the signs nonconforming status. • In no case shall the nonconforming sign be allowed to expanded or enlarged. b. On- premise signs: • If alterations to the structural elements of the sign exceed twenty- five (25) percent of the replacement cost of the signs, the sign shall lose its nonconforming status. • A freestanding sign whose cabinet housing is removed or replaced shall lose its nonconforming status. • If site improvements exceed seventy -five (75) percent of the assessed improvement value of the site, or improvements exceed one hundred thousand (100,000) dollars, nonconforming signs shall lose their legal nonconforming status. • If the sign has not advertised an existing business on the subject site for one (1) year or more, the sign shall lose its nonconforming status. MULTI - FAMILY IN THE INSTITUTIONAL ZONE The City received an application for a Zoning Code amendment to add multi - family as a permitted use within the Institutional Zone. The proposed amendments add multi - family to the allowed uses in the Institutional zone and updated tho permitted use lists for both Employment Center and Institutional, as they are very similar zones. Draft language also aims to ensure consistent terms used in both zones and the definition section. The following provides a chart of the changes made: Employment Center (20.92) Institutional (20.98) 1) Group Residential Facility — Class 1 1) Group Residential Facility — Class I 2) Nursing convalescent home • Page 4 2) Nursing convalescent home: N FS O Rn nGnvalesGent he 3) Senior Housing Complex 3) Senior housing complex; 4) Single -unit dwe l!'Rg unit structure, 4) Single -unit structure, attached or attached or detached; detached: detached 5) Multi -unit structure 5) Multi -unit structure; 6) Townhouses 6) Townhouse; SUMMARY: The Planning Commission finds that these improve the functionality of the zoning code and will better meet the tenets of the Comprehensive Plan. The proposed amendments provide more clarity to the code, brings the City into conformity with State law, and ensures a more equitable environment for local businesses and citizens of Bremerton. STAFF RECOMMENDATION: Staff recommends that City Council review the materials provided, conduct a Public Hearing, consider testimony and approve the proposed Ordinance. • Page 5 i CITY OF BREMERTON PLANNING COMMISSION MINUTES OF REGULAR MEETING January 21, 2014 CALL TO ORDER Commissioner Tift called the regular meeting of the Bremerton Planning Commission to order at 5:35 p.m. ROLL CALL Commissioners Present Staff Present Chair Tift Andrea Spencer, Director, Department of Community Development Vice Chair Lambert Nicole Floyd, Senior Planner, Department of Community Development Commissioner Albright Garrett Jackson, Planner, Department of Community Development Commissioner Dinkuhn Commissioner Simpson Commissioner Strube Commissioners Absent Commissioner Jose (excused) Quorum Certified ELECTION OF OFFICERS COMMISSIONER DINKUHN NOMINATED COMMISSIONER TIFT TO SERVE AS CHAIR OF THE PLANNING COMMISSION FOR 2014. COMMISSIONER ALBRIGHT SECONDED THE NOMINATION. THERE WERE NO OTHER NOMINATIONS, AND THE NOMINATION WAS UNANIMOUSLY ACCEPTED. COMMISSIONER TIFT NOMINATED COMMISSIONER LAMBERT TO SERVE AS VICE CHAIR OF THE PLANNING COMMISSION FOR 2014. COMMISSIONER SIMPSON SECONDED THE NOMINATION. THERE WERE NO OTHER NOMINATIONS, AND THE NOMINATION WAS UNANIMOUSLY ACCEPTED. APPROVAL OF AGENDA COMMISSIONER SIMPSON MOVED TO APPROVE THE AGENDA AS PRESENTED. COMMISSIONER DINKUHN SECONDED THE MOTION, WHICH CARRIED UNANIMOUSLY. APPROVAL OF MINUTES COMMISSIONER ALBRIGHT MOVED TO APPROVE THE MINUTES OF NOVEMBER 19, 2013 AS PRESENTED. VICE CHAIR LAMBERT SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY. PUBLIC MEETING Call to the Public (public comments on any item not on the agenda) Chair Tift asked if there were any comments from citizens. Seeing none, he closed the public portion of the meeting. Workshop: Zoning Code Amendments Ms. Floyd explained that, each year, staff presents a list of potential zoning code amendments to the Commission. In addition to the staff - generated amendments, a property owner has requested an amendment. She explained that the purpose of the workshop is for the Commission to review the proposed changes and provide guidance that will enable staff to draft zoning code language for a future public hearing. The Commission and staff reviewed the proposed zoning code amendments as follows: • Nonconforming Signs BMC (20.52.180). Mr. Jackson explained that the purpose of the sign code is to ensure that on- premise business signs are of a size, number, quantity and style to provide identification of businesses while contributing a positive visual character to the community. He provided a picture to illustrate the existing conditions on Wheaton Way, as well as an example from Gig Harbor that illustrates the intent of the 2004 Comprehensive Plan that called for molding the streetscape to limit visual sign clutter. Commissioner Simpson pointed out that apart from the pole signs on Wheaton Way, the biggest eyesore is the utility poles. She asked if the Comprehensive Plan calls for replacing the existing poles with underground utilities. Ms. Spencer said underground utilities are called out as a goal in the Comprehensive Plan, and the goal would be implemented as part of future right -of -way or streetscape improvements. She referred to the Aurora Corridor Project in Shoreline, where they have implemented a concept very similar to the vision called out in the City's Comprehensive Plan. She acknowledged that amending the sign code would not resolve all the issues, but it would be a move in the right direction. Chair Tift noted that the City's street identification signs in downtown Bremerton are large and lit. He asked if this would be the standard for the entire City. Ms. Spencer answered that the intent is to implement this same sign standard citywide. However, she acknowledged that replacing the existing signs would be costly and take some time. Mr. Jackson provided a picture to illustrate the size and scale of some the existing nonconforming signs, which are out of proportion with the surrounding streetscape. He also provided pictures of signs that are more manageable and safe yet sill recognize a business's need to advertise. He explained that the 2005 Zoning Code calls for the removal of nonconforming signs within 10 years, i.e. by 2015, and he invited the Commission to share their thoughts on whether or not the City should push forward with this goal. He noted that while there is legal precedent to support cities mandating sign removal, it is difficult. Commissioner Simpson asked how many existing signs are nonconforming. Ms. Floyd answered that the City does not have an exact number, but there are a lot. She noted that signs taller than 8 feet are currently prohibited on Wheaton Way and Kitsap Way. She summarized that while businesses like to have large pole signs, they are not what the community was looking for as part of the 2004 Comprehensive Plan. Commissioner Dinkuhn pointed out that several businesses on Wheaton Way have closed. She suggested that a great place to start would be for the City to require these property owners to remove existing nonconforming pole signs. Ms. Spencer said that, to date, the City's approach has been to allow property owners to replace a sign's face, as long as the sign is still in useable condition. Commissioner Albright asked if the City allows permits -for new pole signs. Ms. Floyd said the City does not allow new pole signs in the zones where they are prohibited. However, they are still allowed in some commercial zones. Commissioner Tift noted that McDonalds on Wheaton Way is closing January 27 for six months so the structure can be rebuilt. He asked if the existing pole sign would be allowed to stay. Ms. Floyd answered affirmatively and a l �_ Bremerton VIEiiiiig Commission Minute s anuary 2 :, 2014 — Page 2 of 6 explained that, as per the current code, the City would require that the remaining pole signs be removed in 2015. The purpose of tonight's discussion is to ascertain support for moving forward with implementation of this requirement. If that is no longer the intent, the code should be changed accordingly. Vice Chair Lambert asked if it would be possible to revise the code to say that if a business closes, the new business would not be allowed to have a pole sign. Ms. Spencer agreed that would be a far more gentle approach toward eliminating the nonconforming signs. However, she questioned if it would be fair to require property owners to remove nonconforming signs when they lease space to different tenants. She also commented that this approach would be very difficult to track. A more logical trigger point would be if a property has not been in use for more than a year, similar to the City's approach to nonconformities. Commissioner Dinkohn asked if signage could be tied to development permits. Ms. Floyd answered that one option would be to tie sign conformity to site improvements and/or property that remains vacant for more than a year. Commissioner Albright recalled that in previous discussions, the Commission talked about tying the zoning requirements to a percentage of a site improvement. For example, if an entire building is redeveloped, the applicant should be required to comply with all zoning standards, including signage. Ms. Floyd said that, currently, the new sign standards would only apply when significant changes are made to the sign structure. However, the code could be changed to tie sign code compliance to site and building improvements. • Political Signs (BMC 20.52.085). Ms. Floyd pointed out that every jurisdiction handles political signs differently. Staff is proposing that this section be reorganized so it is easier for citizens to understand. In addition, the section could be amended to make the requirements and limitations clearer. Commissioner Strube said that although he did not view the issue as a significant problem during the recent election, having clear information regarding the requirements for political signs would be beneficial. Commissioner Simpson suggested that the code requirements should be simplc -and concise. However, she noted that, oftentimes, volunteers put up the signs and the locations are sometimes beyond a candidate's control. • Special Purpose Signs (BMC 20.52.130). Mr. Jackson explained that, currently, the code lacks a definition for "special purpose signs," which are commercial signs located in residential areas. Staff believes that providing a definition within the introductory paragraph of this section would be helpful. Commissioner Albright asked if the code limits how fast the message on a special purpose sign could move across the display. Ms. Floyd answered affirmatively but said the requirement is difficult to enforce. Commissioner Strube asked if the code places restrictions on LED technology. Ms. Spencer answered that there are no prohibitions against LED signs with stagnant images, but there are limitations on signs that flash and /or move. The Commission discussed whether or not daycares and other small businesses in residential zones should be allowed to have "special purpose signs." Ms. Floyd advised that there are specific sign limitations for home -based businesses. Larger businesses that are allowed by conditional use permit could have larger signs, but a public process would be involved. • Sandwich Boards and Portable Signs (BMC 20.2.160 and 20.52.170). Mr. Jackson explained that the requirements and restrictions for sandwich board and portable signs are found in two separate sections of the sign code. Staff believes that readers would benefit greatly if the two were combined into one section. He noted that the two sections are nearly identical, except they vary in terms of distance the sign can be from the door. The Commission generally agreed that the two sections should be combined. They expressed that the City should support business owners' efforts to attract customers whenever possible. Ms. Floyd pointed out that because sandwich board signs are easy to move, it is difficult to get property owners to consistently comply with the requirements. The Commission recalled the presentation by Roger Brooks, who suggested that blade signs are effective ways to advertise businesses. Ms. Floyd commented that the City's current code allows for blade signs, but it does not require them. Commissioner ]Dinkuhn suggested that making business owners aware that blade signs are allowed might encourage their use. Vice Chair Lambert expressed concern that the nylon signs that are becoming more Bremerton Planning Commission Minutes` January 21, 2014 — Page 3 of 6 popular tend to block visibility. Ms. Floyd advised that this type of sign would fall under the category of "moving, flashing or animated' and would be prohibited. • Mobile Homes (BMC 19). Mr. Jackson advised that mobile homes are prohibited in the City of Bremerton. He explained that mobile homes have not been constructed since 1976 due to concerns over safety and poor construction. Manufactured homes are the modern -day successor to mobile homes, and standards for this use are established in BMC 20.46.040. Staff recommends that BMC 19 be deleted from the code, and the Commission concurred. • Multi - Family in the Institutional Zone (BMC 20.98). Ms. Floyd advised that the City received an application from a private property owner to amend the zoning code to add multi - family as a permitted use within the Institutional Zone. She provided a map and pointed out that although the Comprehensive Plan calls out Harrison Hospital and Olympic College each as an Employment Center District, Harrison Hospital has both Institutional and Employment Center Zoning. Olympic College has only Institutional Zoning. She explained that the Employment Center Zone was designed to accommodate the kinds of growth that might happen around the two institutions. However, both zones are similar and allow for almost the same uses. She provided a chart to illustrate how the uses allowed in each of the two zones are very similar. Ms. Spencer suggested that rather than eliminate one of the zoning categories, which would require a subsequent rezone, staff is proposing to make the uses allowed in the two zones match and be consistent with the definitions in the zoning code. Vice Chair Lambert questioned if problems could arise in the future if the City receives an application to rezone another property to Institutional. Would there be a reason why multi - family uses should not be allowed. Mr. Jackson explained that an institutional Zone allows for colleges and hospitals, and it is not likely that these types of uses would expand in the future. It was discussed that allowing for multi - family development would accommodate students who attend the college. • Electric Vehicle Infrastructure. Ms. Floyd explained that in 2009 there was an incentive - driven idea that people would be able to drive an electric vehicle (EV) from Baja, California, to British Columbia. To support the concept, the Washington State Legislature passed SSHB 1481, which mandates that affected jurisdictions plan for EV infrastructure and modify zoning regulations to allow the infrastructure to be built. She advised that, currently, the City allows for EV infrastructure, but the code does not specifically address EV charging or battery exchange facilities. Ms. Spencer summarized that staff is recommending a simple amendment with no regulatory burden for LEVEL 1 and 2 Systems that are accessory uses to allowed uses. However, there should be more specific requirements for Level 3 Systems that could have a more significant impact to neighborhoods. The Commission agreed it is important to have simple regulations in place for the future. Commissioner Strube cautioned that the code should include standards that protect neighborhoods from alarm noises when the stations are not working properly. Ms. Floyd clarified that the proposed amendments would apply to EV stations on private property not public rights -of- way, and the noise ordinance could be used to address concerns. • Taxi Cabs as Home Occupations (BMC 20.46.030). Ms. Floyd recalled that staff proposed potential amendments to the "home occupation" section of the code in 2012. However, the issue was not chosen as a priority for the annual zoning code amendment docket. The Police Department has requested that the issue be readdressed as it pertains to taxi cab businesses because of the upswing of drug - related activities affiliated with the use. In addition to police concerns, taxi cab businesses create neighborhood impacts. For example, the demand for taxi service is often very heavy in the late night hours, and residents often find that their quiet residential streets have become very active and noisy in the late night hours. In addition, neighborhoods with minimal parking often complain that the taxis take up precious parking spaces that are intended for residential uses. Although the home occupation code requires an additional on -site parking space to accommodate the business, it is difficult to determine or regulate the number of cars each residence has. For these reasons and others, staff is recommending this item be included on the docket as a potential zoning code amendment. Bremerton Planning Commission minutes January 21, 2014 — Page 4 of 6 Ms. Spencer pointed out that approximately 70% of the taxi cab companies located in Bremerton are operated out of private residences. The Police Department presented its concerns to the City Council, and the Council asked staff to work on the issue.. Commissioner Simpson asked staff to provide a map of the locations of the current taxi cab businesses. She also requested information from the Police Department to document the increase in crime and the number of taxi cab businesses involved with illegal drug operations. Ms. Spencer agreed to seek the requested information, but the Commission should keep in mind that the Police Department may not have written statistics that totally satisfy the answer. Commissioner Simpson also requested copies of the complaints the City has received regarding the use. Commissioner Strube expressed his belief that amending the zoning code would only partially address the issue. Perhaps a condition could be attached to the business license limiting the number of complaints a taxi cab business could receive without resolution or action. Ms. Spencer agreed that crime issues cannot be addressed by zoning code changes, but the amendments could address the other impacts to neighborhoods. In addition, the Police Department has asked that taxi businesses be required to complete a rigorous licensing process, background checks, etc. and those code changes are being worked on by the City's Tax and Licensing Division. Commissioner Albright suggested that the first step is to identify the number of cars a taxi cab business should be allowed to operate from a residential home. She questioned if it would even be possible to regulate the time of operation, since that is part of the nature of the business. Ms. Spencer suggested the Commission discuss whether a taxi cab service is an appropriate home -based business. If the answer is yes, they need to establish regulations to minimize the impacts. Commissioner Dinkuhn suggested that perhaps the use is appropriate for some residential areas but not others. For example, the use may be more appropriate in a rural setting as opposed to a neighborhood with small lots and very little space for on -site parking. Commissioner Albright suggested it might be appropriate to review all types of home -based businesses that are currently allowed in residential areas, particularly those that involve additional vehicles. Ms. Floyd summarized that the Commission is interested in pursuing code amendments related to taxi -cab businesses in residential neighborhoods, but they would like more data on the number of complaints and sample code provisions from other jurisdictions. Ideas include limiting the hours of operation, requiring on -site parking, and/or limiting the number of trips per day. The Commission specifically requested a map to illustrate where the existing taxi cab businesses are located. Ms. 'Floyd shared a current situation and stressed the importance of having clear regulations for the City to implement and enforce. Commissioner Strube recalled that the City of Seattle heavily regulates taxi cab businesses, but they do not regulate similar companies that operate via the internet. He cautioned against singling out just the traditional taxi cab businesses. The zoning regulations should be all - inclusive. Chris Campana, Bremerton, said he owns a large property that is contiguous to Mr. Cadwell's (applicant) property, as well as property . across the street. He said he was present to voice support for the proposed amendment to allow multi - family development in the Institutional Zone (BMC 20.98). In discussions he has had with representatives from the college and hospital, they have indicated support for multi- family housing in the Institutional Zone. While the change would result in a personal financial gain for him, it would also support the City's plans for revitalization of the area. He commented that housing is needed to provide the necessary population to support the retail and service businesses located in the area, as well as living accommodations for students. He specifically commended staff for their support of small -time developers over the past several years, The proposed change would offer additional use of the property and open the door to other development. Rick Cadwell, Bremerton, said he owns property in the Institutional Zone and he is the applicant for the proposed amendment to allow multi - family development. He said it appears that the Comprehensive Plan goal of having a variety of housing types at various levels of affordability was never fully transferred to the zoning code. Providing housing options would allow people to walk to work and school and fewer parking areas would be needed. Related to the home occupation discussion, he said he participated on the Poulsbo Zoning Committee, which dealt with home occupation uses by allowing just two commercial vehicles. They did not limit the hours of operation. Commissioner Dinkuhn commented that having a bridge -to- bridge loop is important, and accommodating increased population density would support this concept. The Commission had a brief discussion with Mr. Campana about the reasons fi Bremerion Commission Minutes j January 21, 2014 -- Page 5 of 6 why redevelopment of properties within the Institutional and Employment Center Zones has not occurred in recent years. Mr. Campana said that while the poor economy had a significant impact, there is no housing in the area to support new development. BUSINESS MEETING Chair Report Chair Ti21t thanked the Commission for electing him as chair. Director Report Ms. Spencer announced that the (Gorst Subarea Plan was unanimously adopted by the City Council. The Planned Action Environmental Impact Statement (EIS) will be presented to the Council as a separate item in February. She also announced that the Department of Ecology adopted the City's Shoreline Master Program. 4 Old Business There was no old business to come before the Commission. New Business Chair Tiit asked if any large projects would come before the Commission in 2014. Ms. Spencer answered that the City will be starting its work on the Comprehensive Plan Update. Staff will begin working on the Buildable Lands Report and the Land Capacity Analysis in 2014. Once this work is completed, the City will begin debating population allocations with the Kitsap Regional Coordinating Council (KRCC). Ms. Spencer reviewed the typographical errors and proposed changes to the Commission's Bylaws. She particularly referred to Item II.C.3.b, and explained that because the Council no longer has a planning committee, staff is recommending that this vice chair duty be deleted. Staff is also recommending that an additional chair duty be added to Item II.C.2 "to represent the Planning Commission's recommendations to City Council, if necessary." In addition to the changes proposed by staff, the Commission asked that the following changes be made: • Item III.B.2 should be changed by adding the words "or email" after "mail." • The word "even" should be changed to "event" in Item VIII.8. • Put a space between Items VIII.1 and VIII.2. • Item II.B.1 should be changed to indicate that election of officers would take place in November and not December. The Commission indicated support for the proposed changes, and Ms. Spencer agreed to prepare an updated draft of the Commission's Bylaws for final approval on February IS ADJOURNMENT The meeting was adjourned at 6:43 p.m. Re belt' ubmi by 1, 1� - 1. - ea L Spen CP chard . Tift, C E ecutive Se Planning Commission/ Bremerton Planning Commission Minutes January 21, 2014 — Page 6 of 6 APPROVED CITY OF BREMERTON PLANNING COMMISSION MINUTES OF REGULAR MEETING February 18, 2014 CALL TO ORDER Chair Tift called the regular meeting of the Bremerton Planning Commission to order at 5:30 p.m. ROLL CALL Commissioners Present Staff Present Chair Tift Andrea Spencer, Director, Department of Community Development Vice Chair Dinkuhn Nicole Floyd, Senior Planner, Department of Community Development Commissioner Albright Garrett Jackson, Planner, Department of Community Development Commissioner Jose Commissioner Simpson Commissioner Strube Commissioner Wofford Quorum Certified ELECTION OF OFFICERS COMMISSIONER JOSE NOMINATED COMMISSIONER DINKUHN TO SERVE AS VICE CHAIR OF THE PLANNING COMMISSION FOR 2014. COMMISSIONER STRUBE SECONDED THE NOMINATION. THERE WERE NO OTHER NOMINATIONS, AND THE NOMINATION WAS UNANIMOUSLY ACCEPTED. APPROVAL OF AGENDA VICE CHAIR DINKUHN MOVED TO APPROVE THE AGENDA AS PRESENTED. COMMISSIONER STRUBE SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES COMMISSIONER ALBRIGHT MOVED TO APPROVE THE MINUTES OF JANUARY 21, 2014 AS PRESENTED. COMMISSIONER JOSE SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY. PUBLIC MEETING Call to the Public (public comments on any item not on the agenda) Commissioner Jose asked if there were any comments from citizens. Diedre McKeel, resident if Council District 5, provided testimony that the city needs an increase of multi - family zoning throughout the city and the commission should consider expanding this zoning type. No one else in the audience indicated a desire to comment, and Chair Tift closed the public portion of the meeting. Public Hearing: Zoning Code Amendments Mr. Jackson reviewed the following proposed Zoning Code Amendments, which are based on input staff received from the Commission on January 21 S `: • Mobile Homes (BMC 19). Title 19 was originally adopted in 1960, and was last updated in 1976. Shortly thereafter, the Department of Housing and Urban Development placed a prohibition on mobile home construction. Manufactured homes are the modern -day successor to mobile homes, and standards for this use are established in BMC 20.46.040. Because Title 19 is obsolete and actually contradicts some of the regulations in Title 20, staff is recommending that it be repealed. • Electric Vehicle Infrastructure. In 2009, the State Legislature passed SSHB 1481, requiring all cities and counties in the State to allow for battery charging stations as a use in all zones, with the exception of Residential, Resource and Critical Areas. The Commission directed staff to draft amendment to satisfy SSHB 1481. These amendments include changing the off - street parking requirements (BMC 20.48) to read, "Where parking is provided in association with allowed uses within the associated zone, electric vehicle charging stations are encouraged and shall comply with City Building Code and Washington State Electrical Code." In addition, the "Definition" Section (BMC 20.42) would be amended to allow for the following levels of charging stations contingent on their intensity. Levels 1 and 2 Charging Stations would be permitted outright as an accessory use in any zone in the City with available parking. Level 3, rapid charging stations would be allowed where gas stations are a permitted use, and battery exchange stations would be allowed where automotive service and repair businesses are a permitted use. • Multi- Family in the Institutional Zone (BMC 20.98). The City received an application for a Zoning Code amendment from a private property owner to add multi - family as a permitted use within the Institutional Zone. Based off the recommendation of the Commission, staff drafted amendments adding multi - family to the list of allowed uses in the Institutional Zone and updated the permitted use list for the Employment Center Zone to ensure that consistent terms are used in both zoning districts and in the definitions section of Title 20. Ms. Floyd provided an overview of the following proposed Sign Code Amendments: • Special Purpose Signs (BMC 20.52.130). The proposed amendment would combine the Special Purpose Sign Standards with the Residential Sign Standards. Special purpose signs are associated with existing signs (i.e. existing businesses, schools, parks, etc.) within the Low - Density Residential Zones, so it makes sense to combine language related to special purpose signs with the Residential Sign Standards. • Sandwich Boards and Portable Signs (BMC 20.2.160 and 20.52.170). Sandwich board and portable signs are currently regulated by two separate code sections, which reference each other. The proposed amendment would combine the regulations into one section that includes a broader range of sign types. It would also allow for some flexibility as to sign location. • Freestanding Neighborhood Business Signs Size Limitations (20.52.180). As per the current code, freestanding neighborhood business signs are limited to a size that is two square feet smaller than other signs allowed in the Residential Zones. The proposed amendment would make neighborhood business sign sizes consistent with other similar zoning districts. • Nonconforming Signs (BMC 20.52). The current code calls for the removal of all nonconforming signs by 2015, which seems like a really strong approach that is not particularly consistent with other provisions of the City's nonconforming chapter. A map was provided to illustrate the high number of nonconforming signs, which includes all those over 8 feet tall in most zones of the City except Industrial and Freeway Corridor Zones. At the workshop, Bremerton Planning Commission Minutes February 18, 2014 — Page .2 of 8 the Commission agreed to try a softer approach that would replace the current amortization requirement with requirements that are tied to voluntary actions by property owners. For example, the amortization requirement could be tied to alterations of the site, the sign, or the business associated with the sign. As currently proposed, alterations leading to removal include removal of signage cabinetry, alterations that exceed 25% of the replacement cost of the sign, and on -site improvements exceeding 75% of the assessed improvement value or $100,000. She emphasized that expanding, enlarging or adding electronic elements to nonconforming signs would be prohibited. Ms. Floyd recommended the Commission hold an open record public hearing, consider testimony, and recommend approval of the proposed amendments to the City Council. Priscilla Bailey, Bremerton, said she is the owner of the building located at 4171 Wheaton Way where a nonconforming sign is currently located. She expressed concern that her modest sign would have to be removed by 2015 if the code is not amended as proposed. She said it is not clear what would be considered a "conforming sign" and whether it would even be visible to passing traffic along Wheaton Way. She cautioned that signs are important, and she supports the amendment that softens the amortization requirement. Councilmember Runyon, emphasized that he was present to voice his own viewpoint and not that of the City Council. He questioned how practical the current 8 -foot height limitation for signs. Because many vehicles, particularly commercial vehicles, are over 8 -feet high tall, the signs would not be highly visible to smaller vehicle operators on the roadway. He asked if any other communities in Kitsap County have adopted similar sign restrictions and expressed concern that the sign code restriction could make the City's businesses less competitive with other areas in the County. No one else indicated a desire to participate, and Chair Tift closed the public hearing. Commissioner Strube said he spoke with business owners in Gig Harbor, which has adopted a lower sign height. One owner indicated he was closing his business because no one could find it because his sign was not tall enough. While he supports the Comprehensive Plan's goal of having nicer signs on Wheaton Way and Kitsap Way, Commissioner Strube voiced his concern that the height limitation might be too drastic. He said he would be interested in learning more about what a conforming sign would look like.' Vice Chair Dinkuhn recalled that the Commission considered examples from Gig Harbor at their January workshop. She noted that in addition to lower signs, there was a heavy amount of landscaping that impacted visibility. She suggested that as the signs are lowered in Bremerton, property owners would likely modify the landscaping in such a way that it does not block the signs. Commissioner Albright said she recently drove up and down Wheaton Way to observe the different signage. Although she is not prepared to say that 8 feet is the right height, she did find that having signage lower was better in terms of finding what she was looking for as she was driving. Commissioner Simpson expressed concern that in all the examples provided, the lower signs seemed to be lost in the vegetation and landscaping and were not highly visible. When she drives down Wheaton Way, she looks for the taller signs. Rather than being distractions, they are quite helpful in providing direction. She expressed her belief that they should take a serious look at how signs can help rather than hinder the City's ability to attract desirable businesses. Ms. Spencer clarified that sign height is not the issue before the Commission at this time. The current question is whether the City should amortize and get rid of all nonconforming signs in 2015 or take a different, softer approach. The 8 -foot height limit for signs has been in place since 2005, and the Commission could revisit the issue again as part of the 2016 Comprehensive Plan Update and subsequent code amendments. Commissioner Jose observed that all Commissioners appear to support the proposed amendment that would take a softer approach to amortization of the sign standards. He noted that, in addition to adjusting the amortization language, the proposed amendment also includes small changes to make the code simpler. He asked how the replacement costs of a sign would be calculated. Ms. Floyd said staff would use one of two methods: the City could use the bid price to calculate the cost to the applicant through the building permit fee or the applicant could submit an actual bid for the sign replacement. APPROVED Bremerton Planning Commission Minutes February 18, 2014 — Page 3 of 8 Commissioner Jose referred to Page 7 of Attachment 1 and requested the following modifications: • BMC 20.52.180(0)(2) — Change to read, "... the sign shall lose its nonconforming status if one of the followiniz circumstances applies • BMC 20.52.180(C)(3) — Change to read, "If the sign has not been utilized ..." Commissioner Wofford said he would like the ordinance to include a date certain for amortization of nonconforming signs. He pointed out that people typically use technology to find the location of specific businesses, and tall signs are not really necessary. He said he has visited cities where businesses prosper using small signs, as long as they provide a service that people want. He voiced concern about allowing nonconforming signs to remain in place indefinitely as long as no significant alterations are made. Commissioner Jose said he is opposed to a hard and fast deadline for amortization of nonconforming signs. He supports the proposed amendment, which would apply an amortization standard that is consistent with the rest of the City's code. Commissioner Simpson referred to BMC 20.52.120(x)(2) and expressed concern that signs for multi - family development are limited to a total of four square feet. If the development is located on a comer and two signs are needed, they would have to be very small. She also expressed concern that BMC 20.52.120(a)(3) limits freestanding signs on residential properties to two square feet. Ms. Floyd clarified that these two provisions apply to signs for home occupation uses that occur inside individual residential units. Residential developments would be allowed to have entrance signs that are up to fifty square feet in size. Commissioner Albright referred to BMC 20.52.120(d), which prohibits advertising wind signs or devices that flutter, wave, revolve or sparkle. She asked how the City would enforce this prohibition if the proposed amendment is adopted. Ms. Floyd explained that code enforcement is complaint based, and the proposed amendment is intended to address the issues that have raised the most concern. This particular prohibition has not been identified as a continual problem. Chair Tift pointed out that the current sign code has been in place for nearly ten years, and some property owners have advertised their businesses with new conforming signs (ex. new: Walgreens, Rite Aid, and Starbucks). The conforming signs appear to be highly visible and attractive. He noted that redevelopment along Wheaton Way and Kitsap Way has not progressed as rapidly as the architects of the current ordinance had anticipated, but some progress has been made. While he doesn't want to abandon the current sign code requirements, he felt it would be a bit draconian to give property owners just ten months to amortize their nonconforming signs. He felt the proposed amendment represents a reasonable compromise. Commissioner Jose moved that the Commission forward the proposed amendments that would eliminate BMC 19 (Mobile Homes) and amend BMC 20.42 and BMC 20.48 (Electric Vehicle Infrastructure) and BMC 20.98 (allowing multi- family in the Institutional Zone) to the City Council with a recommendation of approval as presented. Commissioner Wofford seconded the motion. The motion carried unanimously. Chair Tift summarized that the Commissioners appear to be in agreement over the need to replace the amortization section. The debate is whether or not another benchmark date should be set. Commissioner Wofford asked staff to share the concerns that have been raised related to the current 2015 amortization date. Ms. Floyd explained that City staff cannot ignore the 2015 amortization date, which is rapidly approaching, and notices must be sent to property owners. Because they anticipate a lot of push back from property owners, staff is seeking confirmation from the City Council and Planning Commission before proceeding. Chair Tift added that moving forward with the 2015 amortization date could result in enforcement actions and potential litigation. This could be costly to both the business owners and the City. While he is not in favor of abandoning the current sign code, he felt it would be counterproductive to require amortization by 2015. Ms. Floyd clarified that an amortization program requires a date certain. The proposed amendment would eliminate the amortization program and no date certain would be required. Code compliance would occur as alterations are made. Commissioner Simpson cautioned against placing an undue burden on business and land owners, particularly given the economy. She supports the proposed amendment, which would provide some flexibility for them to bring their signs into APPROVED Bremerton Planning Commission Minutes February 18, 2014 — Page 4 of 8 compliance over time as alterations are made. Commissioner Wofford expressed concern that if there is no date certain for compliance, the City could end up with a few nonconforming signs for years without the ability to enforce compliance. Commissioner Jose voiced concern that setting a date would just be "kicking the can down the road," and the same concern would come up again in the future. He recommended they eliminate the amortization date and let eventual compliance happen. Once again, he noted this would be consistent with City's nonconforming standards for all other uses. Commissioner Jose moved that the Commission forward the proposed amendments to BMC 20.52 (Sign Code) to the City Council with a recommendation of approval as presented by staff and with the following modifications: • BMC 20.52.180(0)(2) — Change to read, "... the sign shall lose its nonconforming status if one of the following applies • BMC 20.52.180(0)(3) — Change to read, "If the sign has not been utilized ..." Commissioner Albright seconded the motion. The motion carried 6 -1, with Commissioner Wofford voting in opposition. Public Workshop: Wheaton/Riddell District Center Ms. Floyd explained that in preparation for the 2016 Comprehensive Plan Update, staff will present a series of workshops to the Planning Commission focusing on the different "centers' throughout the City. The intent is to familiarize the Commission with the key elements of the current Comprehensive Plan so they can better assess what is working and identify the changes that are needed. Ms. Floyd explained that the Comprehensive Plan is a 20 -year plan to accommodate growth in the City. It specifically identifies centers where the vast majority of the City's growth (14,000 people) will be accommodated. The centers are intended to be dense mixed -use, walkable environments, with nodes of commercial, residential and public gathering places. She provided a map to illustrate the location of the various centers, specifically noting those that have subarea plans adopted. The intent is for the Commission to have a workshop discuss regarding each of the centers, starting with the Wheaton/Riddell District Center. Ms. Floyd provided pictures to illustrate the current conditions on Wheaton Way, as well as what Wheaton Way could look like if redeveloped consistent with the Subarea Plan, which requires developers to provide 2 landscape strips, 2 sidewalks and a frontage road (cartway). She shared a current proposal to redevelop the Papa Murphy's site with two commercial buildings. ' She explained that because the frontage improvements require a significant amount of property, parking spaces would have to be eliminated and there would not be sufficient parking to meet the needs of the two businesses. In addition, there are significant costs associated with the required infrastructure. The property owner is trying to figure out if the improvements will pencil out or if remodeling the existing building is a better solution. Ms. Floyd observed that most of the properties have remained unchanged since the Wheaton/Riddell Subarea Plan was adopted in 2007. Staff is concerned that, due to the economy, it is too costly for property owners to provide the infrastructure that would be required for redevelopment. Staff is also concerned about requiring Papa Murphy's to put in a frontage road when it will probably be the only site that is redeveloped for a long time to come. Because the remaining existing structures will likely be there quite some time, the frontage would be incomplete. The Subarea Plan generally assumes full redevelopment within a relatively short time period, which is not the reality of today. Ms. Floyd also pointed out that the Subarea Plan requires bicycle lanes on Wheaton Way, but they are specifically prohibited in the City's adopted Non - Motorized Transportation Plan because they are too dangerous in this location. It is also important to note that the bike lane would be short and have no connections to other bike lanes. Ms. Floyd advised that the Subarea Plan has specific design standards for the "City Villa" site that are based on plans from a previous developer that envisioned a high- density, mixed -use area with parks and open space. The current property owners are severely limited given that there is not currently a market for mixed -use residential development at this time. Questions have been raised about why this site, which is currently a gravel pit, cannot be redeveloped as commercial. APPROVED Bremerton Planning Commission Minutes February 18, 2014 — Page 5 of 8 Ms. Floyd summarized that when evaluating the Wheaton/Riddell Subarea Plan, it is hard to say that the plan has had success. There are more vacancies now than ever before, and economic changes have made code compliance difficult and challenging. She reported that the Council discussed the subarea and directed the Commission to explore options before 2016. After further analysis, staff is offered the following three options: 1. Replace the Subarea Plan with the District Center Core Zoning. This would be most consistent with the Subarea Plan without the plan's extensive design restrictions. 2. Replace the Subarea Plan with the previous 2005 "placeholder" zoning of District Center Core (DCC) in the middle and Residential (R -10 *) on both of the edges. This would probably be undesirable to the property owners and inconsistent with the Subarea Plan, which went through an extensive review process. 3. Maintain the Subarea Plan until 2016 when the plan could be reevaluated and updated. Ms. Floyd said staff is seeking input from both the Commission and the public regarding the best approach moving forward. Priscilla Bailey, Bremerton, said she owns property within the Wheaton/Riddell Subarea and is concerned that the plan has resulted in a blighted zone next to her building. She expressed her belief that properties will never be redeveloped if owners are required to give up land for roadways, walkways, and landscaping that provide no benefit to their businesses. She also expressed concern about the restrictive requirements that 60% of the building front must be glass and only one row of parking is allowed in front of the building. She said the plan does not match the demands and needs of the community. There is no great push for residential development, and the area is not pedestrian - friendly. She summarized that the current Subarea Plan is too restrictive and discourages development. She asked that the City revert back to the zoning that was in place immediately prior to the Subarea Plan or even expand the DCC Zoning into the areas zoned R -10 *. Mike Benefiel said he lives in the neighborhood adjacent to the gravel pit, which is the blight of Bremerton. Although there are restrictions, they are never enforced and the site just gets smellier, noisier and bigger each year. He found the Commissiori's previous discussion about how pole signs are eyesores to be interesting given that his neighborhood has been dealing with the impact of this huge factory for 12 years. Tom Remick said he also lives in the neighborhood adjacent to the gravel pit. He has paid close attention to the evolution of the City, and he has had the opportunity to be the spokesperson for -his neighbors as they have fought to get rid of the business. The neighbors are concerned about why the City implemented the restrictive Subarea Plan when the economy took a drastic dive. He pleaded with the Commissioners to consider changes that would allow and encourage re- development to move forward. He noted the changes that have occurred on Kitsap Way, and he asked the Commission to consider going back to a more reasonable commercial (not industrial) zoning so the City can continue to grow. Diedre McKeel, Bremerton, recommended that as they review the "centers" that are located throughout the City and update the Comprehensive Plan, the Commission should consider how to accommodate both bicycle and pedestrian traffic by providing safe connections between the commercial centers and the residential areas. Councilmember Runyon said he was one of the four Councilmembers who at the council retreat spoke in favor of reducing restrictions and making the Wheaton/Riddell Subarea Plan more flexible. He expressed his belief that the plan needs to be rebalanced by looking at market conditions. Property owners should be allowed to develop properties per the market. Gary Weber said he is a commercial real estate broker that specializes in retail real estate. He was hired by Carl Zarelli to help fill his buildings with tenants. He commented that while the Subarea Plan is well done, it will not work for a number of reasons as explained by Ms. Floyd. He recalled that ten years ago, developers and cities were partnering to build "village" projects, but only about 50% of these projects are viable today because they don't have a component other than retail. In order for a project to be viable, it must have a mixed -use .component (residential or office), which provides the economic driver to make the project work. Retail, itself, will not substantiate a project. He noted that Kitsap County is not a hot multi- family residential market now, and the office market is not strong, either. Implementing the current Subarea Plan would require a market that does not currently exist in Bremerton. " APPROVED Bremerton Planning Commission Minutes February 18, 2014 — Page 6 of 8 Mr. Weber referred to the R -10* zoning on either side of the DCC zoning. He explained that, as he works with potential tenants, retailers will likely insist on having a view corridor to the main street. In fact, the lease will likely stipulate that nothing can be constructed in front of the retail space. Retailers are interested in spaces that have good visibility, signage, access and parking. Commissioner Wofford commented that he has observed numerous developments with frontage roads, particularly on the east coast. The buildings are set 30 to 50 feet back from the street and tend to get lost in the landscaping. Also, he expressed concern that frontage roads tend to become speedways because the main roads are blocked. He said he is not in favor of requiring frontage roads along Wheaton Way. Commissioner Strube observed that the current Subarea Plan is not working, and he would support changes that allow the district to grow. Commissioner Jose recalled that the intent of the Subarea Plan was for the area to transition over time through strict regulations. However, the strategy of strict regulations and very prescriptive standards obviously didn't work and they need to try something different. He reminded the Commission of their more recent work on the SKIA and Gorst Subarea Plans where they learned that flexibility in zoning attracts development. When Ms. Floyd pointed out that DCC zoning would allow for more flexibility, Commissioner Jose said he would be in favor of extending the DCC zoning Chair Tift observed that the businesses located in the Fred Meyer Complex are attractive and thriving, and the property where Albertson's used to be located was previously a hot bed of retail activity in Bremerton. He cautioned against underestimating the power of this retail area if it is properly developed and cared for. He agreed that they need to address the Wheaton/Riddell Subarea Plan post haste rather than waiting until the Comprehensive Plan is updated in 2016. Ms. Spencer explained that the Commission could recommend the City Council revoke the Subarea Plan (Option 2), and the zoning would revert back to the 2005 zoning that had DCC in the middle and R -10* on both edges. If the Commission wants to explore other zoning configuration options, then the best approach would be replace the Subarea Plan with DCC zoning (Option 1). This would allow them to expand the DCC zoning beyond its original boundaries. Ms. Floyd added that the owners of the R -10* zoned property have voiced opinions that they would like commercial as opposed to residential zoning. The mining property is already zoned residential, and it is not working. The mining operation owners have indicated that the current business will exist in perpetuity if the property remains residential in zoning, and that is not an outcome anyone wants to see. Commissioner Jose moved that the Commission direct staff to recommend that the Subarea Plan be revoked and prepare a workshop and public hearing process to explore expanding the District Center Core (DCC) Zoning beyond its original boundaries prior to Subarea Plan adoption (Option 1). Commissioner Albright asked if DCC zoning would include industrial and light industrial uses. Ms. Floyd said the list of outright permitted uses would be the same as those currently allowed along the corridor. Industrial uses would only be allowed in the Industrial zone. Vice Chair Dinkuhn asked if DCC zoning would allow for mixed -use zoning. Ms.` Floyd answered that residential uses would be allowed as secondary uses in the DCC zone. The motion carried unanimously. Ms. Spencer explained that the Commission could recommend that the City Council revoke the Subarea Plan immediately, which means the zoning would default to DCC and R -10* Zoning while the Planning Commission works on a permanent change to the zoning. The Commission indicated support for expediting the revocation of the Subarea Plan. APPROVE Bremerton Planning Commission Minutes February 18, 2014 - Page 7 of 8 BUSINESS MEETING Chair Report Chair Tift expressed appreciation for staff's hard work preparing items to come before the Commission. Director Report Ms. Spencer announced that the Kitsap Economic Development Alliance has invited the Commissioners to participate in a webinar titled, "Repurposing Aging Retail Centers. " The webinar will be held in the Mayor's Conference Room on February 27` from 10:30 a.m. to noon. She asked interested Commissioners to notify staff so that a public meeting could be advertised, if necessary. Old Business: Vote on By -Law Changes The Commission briefly reviewed the proposed changes to the Planning Commission Bylaws. Commissioner Albright moved that the Commission approve the amendments to the Planning Commission Bylaws, as presented. Commissioner Strube seconded the motion. The motion carried unanimously. New Business There was no new business. ADJOURNMENT The meeting was adjourned at 7:15 p.m. Respectively Submitted by: Andrea L. Spencer, AICP Richard L. Tift, Chair Executive Secretary Planning Commission APPROVED Bremerton Planning Commission Minutes February 18, 2014 — Page 8 of 8 R-t LA I R A Lh 1 '�P Title 19 Title 20 Mobile Homes Manufactured Homes Adopte 1960 Adopted 2005 Mobile Homes have not been Manufactured homes constructed since 1976 standards established in 20.46.040 11, Al J s I - s e y� g . n a. ELECTRIC VEHICLE INFRASTRUCTURE Accesso Use l &2 Permitted Outright r Rapid Gas Charging Station Station t 1 4 Battery Automotive r -a y Exchange Service`' -�- Station and Repair - 2 i i INSTITUTIONAL RESIDENTIAL TYPES J-! i r 3 i R•10 PROPOSED CODE CHANGES Employment Center (20.92) Institutional (20.98) i ; 1) Group Residential Facility — Class 1 1) Group Residential Facility — Class I ' ' � l � iUlAdtlei 2) Nursing convalescent home 1 Nursing convalescent home f ) 3) Senior Housing Complex 2) Senior housing complex ! I 4 Single-unit • structure attached or detached; E 3) Single -unit structure, attached or detached; t 1 _)_+i de#ge f Multi -unit structure 4) Multi -unit structure; , $ a.f 5) Townhouses 6) Townhouse; I 3 (206) 37Yr F COMM 33I4 fOtt S9 DeWtipot 'fig' °�"�,y s::._ �. •,�", 1 7570 Prim Si�ppl ¢� k,�r y�{yr ® � �` Bit SINN M, fl l ,.t y. Tj • a 4 ' 1 • f art•" �.°� � _ L � ,° �' - � „ ;, "��� �, ^ �, �� �, �?��, < 1-� e u �., ,,,.� � -- ;w'" _..:___ _...�. =7► �v� t , ..,�,r -� � - .. -Mr", t� !6 +; fob w,�. ✓ r s _ law IT Wk E"�5- ..a.",'. t „•. , "��; �� a 4' • r 1 1 L 1 • LIM Planni, Comrn recommended ty� rg , : removal of .the sign to the proposed extent 9 1 of modif ication to the: ai .,. ign S , a '�. • -S at g p bti s a Bu sines s _ q r P RO P OSED LANGUAGE T O RE l AMORTIZATION J I Qa�c�o�� Oc�ac00�� �o Q��oea� O�adOr�� �o ���oea0 Repair /replace structural elements Removal of Cabinetry f { ` (such as the pole cabinet) ►� Expansion, enlarging or adding Alterations exceed 250 electronic elements are not permitted replacement cost of sign Onsite improvements exceeding +i 75% assessed improvement value i' OR $100,000. !, Expansion or enlarging is not permitted. a a . 7