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10/01/2014 AGENDA
CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 ❑ Phone (360)473-5280 ***AMENDED *** OCTOBER 1, 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. PUBLIC RECOGNITION 5. CONSENT AGENDA A. Claims & Check Register B. Minutes of Meeting —September 17, 2014 C. Minutes of Study Session —September 24, 2014 D. Addition of 1 (FTE) Utilities Laborer (Grade 4) for the duration of the "Sensus Water Meters and MXU Transmitters Installation Capital Project' (eliminating need for 2 temporary part-time employee positions) E. Professional Services Agreement with Summit Law Group, PLLC 6. GENERAL BUSINESS A. Real Estate Purchase and Sale Agreement with Bremerton/Stephanus H, LLC (John Stephanus)for Right of Way on Lower Wheaton Way(LWW) Project 7. COUNCIL MEMBER REPORTS 8. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING ® 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 SO YOUR NAME CAN BE INCLUDED IN THE RECORD LcAA- ( t7M REQUESTS FOR INFORMATION MUST BE SUBMITTED IN WRITING TO THE CLERK THANK YOU ti a. �)'�v' t - �� cN �Y h S3�' -'�J •�'�' 'kf°'d" � `� 'Xq+ltt'X �:�• Y"- � Y�' � �r ,i-.; ' r WASHINGTON rC r OFFICERS ASSOCIATION,PRESENTS THIS 1 i Y DISTINGUISHED BUDGET PRESENTATION AWARD FOR THE BUDGET YEAR R ' -t 14 ii 1 5` {l - r;1.. TO THE Bremerton ee President k . . Budget Award 1.y 1 1 O (` Proudly presented by the Bremerton Senior Center&$eniors Uncover Money$olutions r i jv� J r ro �tT- 27 l . ,J N9 � 1 mG[" V�1i to 4 Sheridan Park Community Center 680 Lebo Blvd., Bremertot '� ; Hand-crafted items from over go local vendors. Food, fun, festive holiday m,usicf-�nd , free admission! Don't forget the annual $UM$ Bake Sale -these delightful treats areefl.hand , made by a variety of Bremerton Senior Center members and are definitely something you don't want to miss! Raffle tickets available at the door ; ; "' �= •' for Senior Center donated gift baskets.' Info line: 360-473-5357 Io . - t i�— a4 allow I I• acys, 121,000.SF 1W MINIM �.YYy��� Wo� A CWW 'FIARWry��' JC mW Sf Gold Mountain �+ aaaesE US Golf Shop tN� I � - 11, �• �° @ The Kitsap Mall s r.W 3,, $ Opening October 15 ,...4L X Next to Macys in store #A14 fog f 00 FST � 1�h$ 1'117 " �f rire' AiF :� : &Pump +�srJ,r 2 r sd�rr ✓",if r ' '�" �//f.J.;G��l'�7 {.f��� v tY��7�f�J�J,e1�'��''` ��8f J�� ... i 6..i^�'���. ':-J�{�J F'''�YY wl��ii 'V �e�+'✓LY I.tf'!+i�'�/'t�.`Y'� Uctc�ber's LurichF:on wi11 k� ��z� A.11-Ch��.rnher }-went held al- �:tie K-its�� CorSe.rerice ' �r�tier in Dowr�towr� 13rerr�erton. �'-•, ''moi%�`� r ,: �•�'` ,,, �`: r f+�r IL A� IN � L.EE I � e . _ . , I { chacb&ofI VINTMBER'1. 12-5 PM NovEM �.- CAMPUS' 3030 WHEATON WAY. -Bit MERTON W ELLNESS A pT THE YOUTH 0 r� GREAT :ELGREAT C Proceeds of the eve f will,he_Iw undsthe Youth.,Wellness Campus' e r rti 0 Sports Scholarshio,Program—for aN kids whIo want to play sports... $25 PER TICKET;:- 10;TAS ES, LIVE MUSIC, ARM-W( TLING CONTEST ADDITIONAL TA OKE SOLD AT THE DOOR:1 F�R�32 00;6 FOf+111E10. 0. DESIGNATED D E 1 !10 AND AVAILABLE ONUNE,YVWW.YOUT US.ORG N I • FREE WATER AND SOFT DRINKS). 711} ALL ATTENDEES M 21 R OLDER,,PROOFOFAGE R UTRED AT ENTRA GE. � l � PARTICIPATING BREWERIES* BAINBRIDGE ISLAND BREWING,BAINBRIDGi ISLAND DER BLOKK IN BREWERY,BREMERTON FREMONTIjrEWING,SEA�1 E HOOD CA AL BREWERY,KINGSTON NARROWS P EWING,TACOMA RAINY DAZE E BREWING;SIMRDALE SILVER CITY Bg W Y,BREM4 SOUN BREWERY,P0ULSB\_-- VALHOLL•BREWIN G,POULSBO t «S '+ nor for the most Pleasevlsitwww.youthrempu www.youtheampus.org youth wellness campus ____ up-to-date listing of particlpatlng breweries. AM Ah ISO M F'N.:iY.: Y:''Yli:•. 'Ck i � .• 1 YLY Idrr Home About the Plan News&Updates • - • i Get Involved Project Documents As documents are prepared as part of the City of Bremerton's Comprehensive Plan Update,they will be posted here for public review and comment.The City of Bremerton encourages and welcomes your input!Click on a document title to download and view the file. • Cly of Bremerton Draft Buildable Lands Review and Land Capacitf Analysis, (as produced for Planning Commission Workshop in July 2014 • Planning Commission Workshop V.C.2 Packet for September 16.2014(36 MB) o Comprehensive Plan Schedule o Pubfic Participation Program o Work Program(includes eight documents under separate covers) • State Law and Poligi Compliance Checklist(provided by Department of Commerce) • District 1 Profile(12.39 MB) • District 2 Profile(11.43 MB) ■ District 3 Profile(7.19 MB) ■ District 4 Profile(6.31 MB) • District 5 Profile(9.85 MB) ■ District 6 Profile(13.04 MB) • District 7 Profile(14.51 MB) Bremerton 2 03 5 ,, c0m Public Comments & Questions Planning Commission Tuesday October 21 at 5:3013m Comments on District Profiles Encouraged! Comment & Identify the District Mascot and --_ win a prize * Comp Plan Amendment Applications accepted January 51 2015 to April 1, 2015 : Questions? Call or email: ....... ...... Allison Satter 360.473.5845 ComDPlanOci.bremerton.wa.us - - r -- i I • i Follow us to the Grand Opening of Highway 420 i - Join us for a Pre- Opening celebration! Meet the owner and staff o,f Highway 430, the newest and best Retail Marijuana store in the state. When: October 10, 2014 at 4:00 pm Where: 1110 Charleston Beach Road, Bremerton WA. 98312 RSVP: 1-360-932-3182 Check us out at HuW420_xi/s or on Facebook 1011/20/4 Seattle City Council Resolution Index City of Seattle Legislative Information Service 101 f or Niem Information retrieved on October 1, 2014 4:33 PM OZF 10/i l C-OwC t Resolution Number: 31548 A RESOLUTION concerning the use of neonicotinoid pesticides by the City of Seattle; supporting a national moratorium on neonicotinoids, urging the White House Task Force on Pollinator Health to recommend such a moratorium, urging the US Environmental Protection Agency to institute such a moratorium, and urging the US Congress to revive legislation to enact such a moratorium; and urging retailers operating within the City of Seattle to ensure that no plants, seeds or products containing neonicotinoids are offered for sale. Status: Adopted Date adopted by Full Council:September 22, 2014 Vote: 9-0 Date introduced/referred to committee:September 15, 2014 Committee: Planning, Land Use, and Sustainability Sponsor: O'BRIEN Committee Recommendation:Adopt Date of Committee Recommendation:September 16, 2014 Committee Vote: 2(0'Brien, LitAta)-0 (No indexing available for this document) Fiscal Note: Text CITY OF SEATTLE RESOLUTION -----------—_-- A RESOLUTION concerning the use of neonicotinoid pesticides by the City of Seattle; supporting a national moratorium on neonicotinoids, urging the White House Task Force on Pollinator Health to recommend such a moratorium, urging the US Environmental Protection Agency to institute such a moratorium, and urging the US Congress to revive legislation to enact such a moratorium; and urging retailers operating within the City of Seattle to ensure that no plants, seeds or products containing neonicotinoids are offered for sale. WHEREAS, bees and other insect pollinators are under great environmental stress, experiencing die-offs and diminishing populations, and putting major sectors of agriculture and food security at risk; and WHEREAS, the Food Action Plan of the City of Seattle commits the City to use its purchasing and contracting power, and to support programs, policies and projects, to promote local, sustainably produced food., and access to healthy food for all residents; and WHEREAS, agriculture is among the largest sectors of the economy of the State of Washington, accounting for over 49 billion dollars in total revenue and 13 percent of the state's economy; and WHEREAS, pollinators are critical to key Washington crops, such as tree fruit; over one-third of all agricultural production worldwide is dependent on pollinators; and WHEREAS, the United States Geological Survey has highlighted the growing use of neonicotinoids in the United States, and found significant neonicotinoid contamination in our nation's waters; and WHEREAS, Neonicotinoids, one of the most widely used classes of insecticides in the world, are systemic, persistent neurotoxins that spread throughout a treated plant including to the pollen that is gathered by pollinators; and WHEREAS, An independent review of more than 800 scientific studies concluded that neonicotinoids are causing significant damage to a wide range of beneficial invertebrate species and are a key factor in the decline of bees; and hap://clerk.seatde.gov/—scripts/nph-brs.exe?sl&s3=31548&s2&s4&Sect4=AND&1=20&Sect5=RESNY&Sectio=HITOFF&d=RESF&p=1&u=%2F%7Epu... 1/3 10/1/2014 Seattle City Council Resolution Index WHEREAS, responding to scientific concern over the impact of neonicotinoids on pollinators; the European Union in 2013 instituted a two-year moratorium on use of neonicotinoids, while cities, including Spokane, WA, Eugene, OR, and Sherwood, MN, have instituted bans against municipal use; and WHEREAS, United States House of Representatives Bill 2692, the "Save America's Pollinators Act"of 2013, is currently pending in committee; and WHEREAS, in August 2014 the US Fish and Wildlife Service announced plans to phase out use of neonicotinoids on National Wildlife Refuges across the country, and the US Geological Survey released information on the pervasive appearance of neonicotinoids in aquatic environments throughout the Midwest; and WHEREAS, in July 2014 President Obama directed the White House Task Force on Pollinator Health to publish within 180 days a strategy to stop the decline of pollinators and help restore populations to healthy levels; and WHEREAS, the US Environmental Protection Agency has allowed registration, sale and use of neonicotinoids while it carries out an assessment, and is not scheduled to issue its report until 2018; and WHEREAS, the City's Interdepartmental Team on Integrated Pest Management (IPM), which includes representatives from Seattle Department of Transportation, Seattle City Light, Seattle Public Utilities, Seattle Center, Finance and Administrative Services, Seattle Department of Parks and Recreation and Seattle Public Libraries, has recommended eliminating the use of neonicotinoids at City facilities; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEATTLE, THE MAYOR CONCURRING, THAT: Section 1. The City of Seattle will not purchase or use any neonicotinoid pesticides for any purpose and will seek to use only pollinator-friendly methods of weed and pest control on any City- owned or operated land. Section 2. The Mayor and the Seattle City Council supports a national moratorium on the sale and use of neonicotinoids. Section 3. The Mayor and the Seattle City Council strongly urges the US House of Representatives to pass the Save America's Pollinators Act (H.R. 2692). Section 4.The Mayor and Seattle City Council strongly urges the Environmental Protection Agency(EPA) to suspend the registration of imidacloprid, clothianidin, thiamethoxam, dinotafuran and any other neonicotinoids until the EPA can complete its environmental assessments. Section 5.The Mayor and the Seattle City Council strongly urges the White House Task Force on Pollinator Health to recommend or institute an immediate moratorium on all uses of neonicotinoids. Section 6.The Mayor and Seattle City Council strongly urges businesses operating within the City of Seattle to take immediate steps to ensure no plants, seeds, or products containing neonicotinoids are purchased, sold, or used within the City of Seattle. Adopted by the City Council the ___- day of---—----------—_—, 2014, and signed by me in open session in authentication of its adoption this--___— day of-------------------- 2014. Presidentthe City Council ` THE MAYOR CONCURRING: ----------------------------- Edward B. Murray, Mayor Filed by me this ___ day of 2014. Monica Martinez Simmons, City Clerk (Seal) Josh Fogt/Hiba Khalil/Tracy Morgenstern/Mike Fong LEG Neonicotinoids RES September 11, 2014 Version 5 http://clerk.seattle.gov/—scripts/nph-brs.exe?s1&s3=31548&s2&s4&Sect4=AND&1=20&Sect5=RESNY&Sectio=HITOFF&d=RESF&p=1&u=%2F%7Epu... 213 AGENDA BILL SA CITY OF BREMERTON CITY COUNCIL SUBJECT: Claims & Check Register Study Session Date: COUNCIL MEETING Date: October 1, 2014 Department: Financial Services Presenter: Shannon Corin Phone: 473-5323 SUMMARY: Approval of the following checks and electronic fund transfers: 1) Check#'s 360305 through 360508 and EFT's 14206 through 14244 in the amount of $1,428,460.19. 2) Regular Payroll for the pay period ending September 15, 2014 in the amount of$724,980.61. 3) Regular Payroll for the pay period ending September 15, 2014 in the amount of$16,039.12. 4) Retiree Payroll for the pay period ending September 30, 2014 in the amount of$54,326.62. ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount): STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: 0 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 53 CITY OF BREMERTON CITY COUNCIL SUBJECT: Meeting Minutes - Study Session Date: N/A September 17, 2014 COUNCIL MEETING Date: October 1, 2014 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: Attached is a summary of the City Council Meeting on September 17, 2014. ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): N/A 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 11/02/12 DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, September 17, 2014 A weekly meeting of the City Council of the City of Bremerton was called to order Wednesday, September 17, 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 Roy Runyon, Dino Davis, Jerry McDonald, Leslie Daugs, and Mike Sullivan. Council Member Eric Younger was absent. Also present were City Attorney Roger Lubovich; City Clerk Shannon Corin; Council Assistant Christine Grenier; and Kevin Matthew, Information Services Manager. 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 Retired Pastor Steve Alexander formerly of Charleston Baptist Church who also shared a detailed history in honor of the US Constitution's 227th Anniversary. MAYOR'S REPORT —Mayor Patty Lent... • Proclaimed October 2014 as "Filipino-American History Month"which was accepted by Reynaldo Pascua, President of Filipino-American Community of Yakima Valley; and reported that she and Council Member Leslie Daugs attended the Association's Celebration last week; • Announced that the 5th Annual Beautify Bremerton event will be on Saturday, September 20; • Proclaimed September 27, 2014 as "National Public Lands Day", • Announced the Sinclair Inlet Clean-Up will also be held on Saturday, September 20; • Proclaimed the Week of September 17 through 23, 2014 as "Constitution Week", • Announced that Healthy Kitsap!, a free community health and wellness event, will be held on Thursday, October 2 from 11:00 AM to 3:00 PM in the Meeting Chambers; and • Proclaimed 2014 as the "5dh Anniversary of the Civil Rights Act', and • Introduced Sunny Wheeler, Bremerton Kiwanis Club, who presented a check to the City for a hillside slide that will be the last part of the planned improvements to the park; and invited volunteers to the clean-up events on the 4th Saturday of each month from 9:00 to 11:00 AM. BPD BRIEFING Police Chief Steve Strachan provided a monthly update on police operations; and announced that a City and Navy Job Fair will be held this Saturday at Jackson Park. PUBLIC RECOGNITION Daryl Daugs thanked Council Member Leslie Daugs for being a great role model for Filipino- Americans. Bishop Larry Robertson invited the Council Members (and City Attorney) to attend the Pre-Ground Breaking Ceremony for the Marvin Williams Center this Friday, September 19 starting at 5:30 PM at the corner of 8th Street and Park Avenue. Karen Vargas, of Living Life Leadership, encouraged the community to come together to support youth; and asked for the community to recognize the contributions of local volunteers and military. Mary Brown made a plea to City Council to help a dozen residents including John Hoffman who will be displaced on September 20 when those homes will be bulldozed. Mayor Lent assured Ms. Brown that Mr. Hoffman has been compensated for his properties and will have a place to live; and that the homes she mentioned are not included in the demolition so those individuals will not be affected. Ms. Corin also shared that people needing assistance may call 2-1-1 for "Information & Referral Search". City Council Meeting Minutes Wednesday, September 17, 2014 Page 2of4 Martha Jones reported that a summer youth program with specialized activities including STEM was very successful at the New Life Community Development Center; and looked forward to that program being offered again next year. CONSENT AGENDA 6A— Claims & Check Register: Check Numbers 360092 through 360304, and EFT-14161 through EFT-14205 in the amount of $2,780,227.15; 6113— Minutes of Meeting —September 3, 2014 6C— Minutes of Study Session — September 10, 2014 6D— Purchase Agreement with CompuCom for Microsoft Operating System License Upgrade 6E— Goods and Services Agreement with Kaye-Smith for Utility Billing Printing and Mailing Service There were no questions or comments from the public... 06:33:15 M/S/C/U (Runyon/Daugs) Move to approve the CONSENT AGENDA as presented. GENERAL BUSINESS 7A AG WITH 11 rC I RE & CONIC IN G FOR RIOTOWER 11AC111A QCDI PLACEMENT n �rrrn vvrrr-rr�z-�-cv��rvTr•r i PA)JE-GT: Item was pulled... 719— COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF BREMERTON AND THE POLICE MANAGEMENT ASSOCIATION: Charlotte Bellmore, Human Resources Manager, pointed out that pursuant to RCW 41.56, negotiations have concluded between representatives of the City and the Bremerton Police Management Association (SPMA) resulting in the attached Collective Bargaining Agreement. There were no questions or comments from the public... 06:35:37 Motion was made by Daugs and seconded by Davis; Comments were provided by Daugs and Runyon... 06:36:20 M/S/C/U (Daugs/Davis) Move to approve the Collective Bargaining Agreement between the City of Bremerton and the Bremerton Police Management Association; authorize the Mayor to finalize and execute the Collective Bargaining Agreement with substantially the same terms and conditions as presented; and make the necessary amendment in the amount of $17,799.80 to the 2014 budget. 7C— ACCEPTANCE OF THE LODGING TAX ADVISORY COMMITTEE RECOMMENDATIONS FOR FISCAL YEAR 2015: Dino Davis, Committee Chair, summarized that the Lodging Tax Advisory Committee (LTAC) received eight (8) total requests for funding for Fiscal Year 2015. Committee members reached consensus and are recommending funding to seven (7) of the applicants and hope as in previous years that any additional revenue be put into reserve which will allow the City to honor its agreements, even in years when actual revenue comes in less than projections. The City anticipates approximately$100,000 in revenue to be available for distribution to the approved recipients. Also, the City allocates $155,000 for the Kitsap Conference Center and $150,000 to the Admiral Theatre Foundation. There were no questions or comments from the public... 06:37:45 Motion was made by Davis and seconded by Daugs; Comments were provided by Davis, Daugs, and McDonald,and questions were asked by Runyon; with responses provided by Mayor Lent and Mr. Lubovich... City Council Meeting Minutes Wednesday, September 17, 2014 Page 3 of 4 06:41:39 M/S/C/U (Davis/Daugs) Move to accept the recommendations of the Lodging Tax Advisory Committee as presented, and to include the allocations in the City of Bremerton's Fiscal Year 2015 Proposed Budget. 7D— RESOLUTION NO. 3232 TO CHANGE THE NAME OF 7T" STREET BETWEEN WARREN AVENUE AND PACIFIC AVENUES TO "DR ML KING WAY": Tom Knuckey, City Engineer, explained that a citizens' group has requested to change the name of 7 thStreet between Warren and Pacific Avenues to honor the Rev. Dr. Martin Luther King Jr. Staff coordinated with CenCom and the group, and the proposed street name "Dr ML King Way" was selected as meeting the street naming criteria outlined in Bremerton Municipal Code 11.18, as well as meeting the goals and objectives of the group. Residents and property owners directly affected by the proposed name change were notified, the first Public Meeting was held on September 3, 2013, and a second meeting on August 28, 2014. Comments have been collected and a summary was provided to the Council Members. Comments from the public were provided by and summarized as follows: Jewel Shepherd-Sampson read statement for Civil Rights; Patricia Moncure Thomas agreed with idea but hoped the City would select a street that truly recognizes the accomplishments of Dr. Martin Luther King, Jr.;Alison Loris suggested re-naming Warren Avenue as an appropriate and significant street, Pearl Shepherd (Jewel's mom) believed that the area being discussed is ready for change and that there is also room for other streets to be renamed, Lane Dowell(retired West Bremerton teacher) recalled the Civil Rights Movement and agreed with earlier comments on re-naming a longer street, Mary Brown hoped that the City will move forward for the betterment of all citizens and support the US Constitution;Michal Bernard asked Council for their support and as a young person looks forward to telling her children of how this positive change happened,Aquila Benton (Bainbridge Island) commented in support; and read a statement on behalf of a student Eileen Sanders in support of this project, Darence Shine acknowledged the hard work done by staff and volunteers in this process, emphasized that Dr. Martin Luther King, Jr. represented all people and cultures, was impressed with open dialogue;and appreciated the community for coming to speak at the meeting, Charita Korneciay was grateful as a parent for this historic opportunity to share this with her children and was proud to be in the City; Darrell Fisher commented that his birthday was on the day MLK died and supported the re-naming of 71h Street, Marva Jones emphasized that this would be positive for all children and asked Council to make this happen; Karen Vargas (Bainbridge Island) emphasized that 7' Street was selected because it has historical significance of long-standing community contributions and diversity, Ruthie Porter also shared her personal experiences during Civil Rights Marches and offered her support; Macaela Thomas (7th Street) supported re-naming a larger street because she did not believe /h Street honored MLK properly, and therefore suggested Pacific Avenue since improvements have been made to that street;Jim Howard(74h Street) expressed concerns about the current conditions of 7th Street and agreed that this is not the right street, Merna Vedacheski hoped that the City will make some improvements; Chris Tibbs offered his support and believed that no street is long enough to honor MLK; Roy Stevens shared history on the Civil Rights Movement and agreed honoring MLK deserves a bigger street because he is not just part of Black History, he is part of American history,John Larson commented his support and that it was past time for this to happen; Patrick Lewis spoke to the diversity that is in Bremerton and how this would help to bring together the community,Margie Singleton (7th Street) opposed the re-naming which won't do anything to change the crime rate, and pointed out that there are buildings and streets already named in honor of Loxie Eagans and Marvin Williams... President Wheeler called a recess from 7.46 to 7:53 PM... 07:53:15 Motion was made by Davis and seconded by Daugs; Comments were provided by Davis, Daugs, Sullivan, McDonald, Runyon, and Wheeler... City Council Meeting Minutes Wednesday, September 17, 2014 Page 4 of 4 08:10:07 M/S/C/U (Davis/Daugs) Move to adopt Resolution No. 3232 changing the name of 7th Street between Warren and Pacific Avenues to "Dr ML King Way'. COUNCIL MEMBER REPORTS Roy Runyon will be hosting a District 6 Meeting on Thursday, September 18 at 6:00 PM at Hi-Lo's 15 InStreet Cafe located at 2720 15th Street featuring the Bremerton Police Department's Community Resource Officer Joe Sexton on "Neighborhood Security Issues"; welcomed volunteers at the Annual Sinclair Inlet Clean-Up on Saturday, September 20 from 11:00 AM to 2:00 PM starting at the end of 2"d Street near the Bremerton Boardwalk; and invited the community to the Ace Hardware Chain- Cutting Ceremony on Friday, September 26 at 11:30 AM at 3506 Kitsap Way. Dino Davis announced that the monthly Forest Ridge Park Clean-Up will be on Saturday, September 20 at 9:00 AM with a focus on invasive weeds like scotch broom; and thanked people who "stuck around" for the meeting tonight and hoped others would be inspired. Jerry McDonald reported that votes would be accepted until October 24 for Evening Magazine's "Best of Western Washington" competition, and hoped people would vote for the Boat Shed Restaurant & Bar (for Best Outdoor Dining) and Manette Bicycle-Works (for Best Bike Shop). He also reiterated details for the Ground Breaking Ceremony for the Marvin Williams Center this Friday. Leslie Daugs announced several events including that the last "Cars of Summer Cruise" on Saturday, September 19 from 5:00 to 8:00 PM at the Perry Avenue Mall; home ownership meetings hosted by Habitat for Humanity on the 2nd Wednesday of each month at 10:00 AM or the 4th Wednesday at 6:00 PM at 3559 Wheaton Way; and Habitat for Humanity's 15th Annual "Raise the Roof" Gala on Saturday, September 27 from 5:30 to 6:30 PM at the Kitsap Conference Center. She also attended the Beyond Accessible Ribbon Cutting Ceremony last week at Evergreen Park. Mike Sullivan reminded interested persons of the next Lions Park Beach Clean-Up on Saturday, September 27 at 10:00 AM; and mentioned that volunteers are needed to adopt 50-foot portions of the beach. Greg Wheeler invited volunteers to the Kiwanis Park Volunteer Clean Up event on Saturday, September 27 from 9:00 to 11:00 AM. With no further business, President Wheeler adjourned the Council Meeting at 8:23 PM. Prepared and Submitted by: CHRISTINE GRIEMER Attest: Council Assistant SHANNON CORIN, City Clerk GREG WHEELER, City Council President GW:SC:ls:cg AGENDA BILL sco CITY OF BREMERTON CITY COUNCIL ........................................................................................ SUBJECT: Minutes of Study Session - Study Session Date: N/A September 24, 2014 COUNCIL MEETING Date: October 1, 2014 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: Attached is a summary of the City Council Study Session on September 24, 2014. ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): N/A STUDY SESSION AGENDA: © No Presentation ❑ Full Presentation STUDY SESSION ACTION: 0 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 11/02/12 DIGITAL RECORDING CITY COUNCIL STUDY SESSION MINUTES Wednesday, September 24, 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 6th Street, Bremerton, Washington, Wednesday, September 24, 2014, at 5:00 PM, with Council President Greg Wheeler presiding. Council Members present were Roy Runyon, Dino Davis, Jerry McDonald, Leslie Daugs, and Mike Sullivan; with Lori Smith, Legislative Assistant, present to provide staff support. Council Member Eric Younger was absent. President Wheeler emphasized that the Study Session was open to the public, but there would be no opportunities for input or participation; no action was anticipated; and announced that approved items by Council will be placed on the October 1, 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, but staff will be present for brief questions... 1. Addition of 1 (FTE) Utilities Laborer (Grade 4) for the duration of the "Sensus Water Meters and MXU Transmitters Installation Capital Project' (eliminating need for 2 temporary part-time employee positions) Consent Agenda 2. Professional Services Agreement with Summit Law Group, PLLC Consent Agenda B. BRIEFINGS & FULL PRESENTATIONS — There were no Items tonight... C. GENERAL COUNCIL BUSINESS o Finance & Investment Committee Briefing (9/23/14 Meeting)— Roy Runyon, Chair o Council Member Briefings o Other General Council Business was also discussed. D. EXECUTIVE SESSION —20-minutes to discuss Potential Litigation per RCW 42.30.110(1)(i) With no further business, President Wheeler adjourned the Council Study Session at 6:10 PM. Prepar d and Submitted by: t 2 LORI SMITH Legislative Assistant Attest: SHANNON CORIN, City Clerk GREG WHEELER, City Council President GW:SC:ls:cg AGENDA BILL 5D CITY OF BREMERTON CITY COUNCIL ■■rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr SUBJECT: Addition of 1 (FTE) Utilities Study Session Date: 09/24/14 Laborer (Grade 4)for the duration of the COUNCIL MEETING Date: 10/01/14 "Sensus Water Meters and MXU Department: PW&U Transmitters Installation Capital Project' Presenter: Wayne Hamilton (eliminating need for 2 temporary part-time Phone: (360) 473-5207 employee positions) SUMMARY: With the 24-hour a week limitations we now face with temporary employees, staff has found it difficult to manage the installation of the Sensus meters and MXU transmitters for the capital project without utilizing Utility Specialists and sacrificing the integrity of Hydrant and Valve programs. The proposed FTE would eliminate the need for two temporary employees and the position will sunset once the project is complete. To date 1,772 meters have been installed and will continue until the 18,800 meters have been replaced; 4,045 MXU transmitters have been installed out of 14,880. ATTACHMENTS: 1) Utility Labor Cost; 2) Justification; 3) Job Description FISCAL IMPACTS (Include Budgeted Amount): This is budgeted in the Water Utility Capital Project. The cost for a Laborer for 2014 is $62,637.68 and for the remainder of 2014 the expense will be $15,659.42 for the new Laborer position. The cost for the laborer for 2015 is $65,748.36, which we have $58,100.00 budgeted; leaving $7,650.00 that will have to be added to the laborer position out of rates. STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to authorize the addition of 1 (FTE) Utilities Laborer (Grade 4) for the duration of the "Sensus Water Meters and MXU Transmitters Installation Capital Project' (eliminating need for 2 temporary part-time employee positions) COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 Wayne Hamilton From: Caroline Tompson Serf Wednesday,June 18,2014 4:09 PM To: Wayne Hamilton Subject: Utilities Laborer Cost This is the amount for a Utilities Laborer. The estimate is with 2014 benefits but it gives you a ballpark figure for the future. Laborer G4/A Salary 33,470.64 Social Security 2,075.18 Medicare 485.32 PERS 3,082.65 Accumulated Leave 502.06 Employment Security 167.35 L&I 96.88 Workers Comp 2,096.35 Medical(E+S+lC) 18,680.16 Dental 1,802.28 Vision 178.80 62,637.68 eawPim J om pmtt Budget Analyst City of Bremerton caroline.tompson .ci.bremerton.wa.us 360-473=5209 1 HIRING/PROMOTIONAL JUSTIFICATION FUND 401 DEPARTMENT Public Works&Utilities PROGRAM POSITION TITLE Labor Utilities BUDGETED AMOUNT PROJECTED HIRE DATE October 1,2014 Justification for need to hire replacement/promote internal employee(Include description of position essential functions, impact on departmental operations and co-workers workload and need for position to be filled): The water meter and MXU change out program that was presented to City Council has not been able to stay on track. This is do to the new rules of having temporary employees limited to 24 hours per week.The funding for the labor was put into the capital budget for the program. We need to create a regular Labor postion for the water maintenance crew meter division to complete the program.This labor postion will only be for 4 years or till the program has ended. If replacement hire/internal promotion does not get approved, please explain impact on operations,programs,budget,etc.: The program will fall behind and the meter and MXU change out of batteries will fail creating hundreds of meters that won't be read in a timely manner.Which could lead to loss in revenue because for the older meters and if estimation was required for the reads. Please describe any possible departmental/divisional restructuring opportunities available to make better use of budgeted funds that could help off-set the cost of filling this position? There is no opportunities at this time to restructure the division. Division Manager: y �7 Department Director:, Hire/Promotional Approval/Disapproval: (If disapproved,explanation attached) LOCU t Human Resources Manager: Financial Services: Mayor: City of Bremerton Classification Specification April 2014 Laborer-Utilities GENERAL FUNCTION Under close supervision,performs manual work and operates hand tools and small equipment to maintain the water,wastewater,stormwater systems,facility property and equipment. REPRESENTATIVE ESSENTIAL DUTIES AND RESPONSIBILITIES(Note—This list is intended only to illustrate the various types of work that may be performed. The omission of specific statements does not exclude them from the position.) • Assists employees of higher classification in manual tasks at work sites such as removing dirt and debris or performing tasks in support of construction projects or activities. • Performs a variety-of general janitorial duties at various locations not covered in the janitorial service contract. • Assist in the duties of mail run,weekly lift station checks with a qualified mechanic, electrical meter reading,deposit and check pickup. • Assist in checking and cleaning of the parking garages and lots along with Conference Center maintenance. • Under close supervision and training,may operate trucks and light equipment to assist at the worksite. • Assists in controlling tragic at worksites by setting up warning signs and flagging traffic through work areas. • Assist with inventory control,vehicle tool inventory, grounds maintenance,clean and wash equipment. • Performs meter,MXU and meter box maintenance and installations. • Performs fire hydrant maintenance and repair. • Assist in construction,repair,installation and maintenance of the utilities water distribution system. • Perform maintenance to drainage ditches,culverts,detention ponds and grounds, including maintenance facilities. • Assist in construction,repair,installation and maintenance of the utilities sewer/storm collection system. • Assist in construction,repair,installation and maintenance of pump stations and treatment plant equipment. • Assist in construction,repair,installation and maintenance of the utilities for wastewater systems. • Perform support duties during confined spare entries and emergent repairs. Other Duties: • Regular attendance is an essential requirement • Performs related work as assigned or required DISTINGUISHING FEATURES Positions in the Laborer classification are distinguished by the performance of manual work under direct supervision and with on-going training in equipment and vehicle operation. Page 1 of 3 City of Bremerton Classification Specification April 2014 Laborer-Utilities WORKING CONDITIONS Work is performed indoors and outdoors in varying weather conditions. Employee risks physical hazard from traffic,.equipment,paint,raw sewage,voltage,combustibles,corrosives and exposure to toxic chemical fumes and gases such as chlorine,methane,CO2 and biological hazards associated with raw sewage.Physical effort is required to perform heavy manual labor in uncomfortable,confined,and dirty conditions. Lifting in excess of 75 pounds is required.The noise level in the work environment is usually loud. Subject to call back for emergency repairs. PHYSICAL REOUIREMENTS Requires continuous walking, bending, kneeling, standing, sitting, squatting, and crawling, reaching, twisting, grasping and climbing ladders and stairs. Some portions of the WWTP and lift stations are hot, cramped and noisy have offensive odors and surfaces are slippery and/or have open grates. KNOWLEDGE,SKILLS AND ABILITIES(Entry requirements) • Ability to read,write,and understands the English language. • Ability to follow written or oral instructions. • Ability to perform heavy manual labor under severely dirty and uncomfortable conditions. • Basic mechanical ability to learn the use of hand tools. QUALIFYING EDUCATION AND EXPERIENCE(Minimum Requirements) Any combination of education and experience equivalent to a High School diploma or G.E.D. Valid Washington State driver's license is required. Must be eighteen(18)or older at the time of hire. SPECIAL REOUIREMENTS(May be required denendina on assignment) ➢ Traffic Control(Flagging)Certification ➢ First Aid/CPR Certification ➢ Confined Space Entry Certification ➢- Asbestos-Cement Pipe Training ➢ Forklift Operator LEGAL and REGULATORY EMPLOYMENT CONDITIONS Fair Labor Standards Act: The classification is nonexempt under the laws of fair Labor Standards Act minimum wage and overtime provisions. Representation: The classification is included in the bargaining unit pursuant to the Recognition Article of the current labor agreement between the City of Bremerton and the Teamsters Local 589. Page 2 of 3 City of Bremerton Classification Specification April 2014 Laborer-Utilities Civil Service:The classification is excluded from the City's Civil Service System. Appointment and Removal Authority: The position is filled by appointment by the Department Head. Removal is by action of the Department Head in conformance with current labor agreement. This classification specification does not constitute an employment agreement between the City and employee. It is subject to change by the City as the needs of the City and requirements change. Page 3 of 3 AGENDA BILL CITY OF BREMERTON CITY COUNCIL ........................................................................................ SUBJECT: Professional Services Study Session Date: 09/24/2014 Agreement with Summit Law Group, PLLC COUNCIL MEETING Date: 10/01/2014 Department: Legal — Human Resources Presenter: Charlotte Belmore Phone: (360) 473-5926 SUMMARY: This is a contract with Summit Law Group, PLLC. Summit started negotiating for the City in 2011. Summit is a Seattle Law Firm that specializes in employment and labor law and is extremely familiar with Washington State and Kitsap County labor issues. Summit's hourly rates are listed in Exhibit A. ATTACHMENTS: Professional Services Agreement with Summit Law Group, PLLC FISCAL IMPACTS: (Include Budgeted Amount): There is sufficient capacity in the 2014 budget to cover this contract. Sixty thousand dollars is budgeted for 2014 and to date $33,662.31 has been expended. The budgeted amount for the 2015 fiscal year is $60,000. STUDY SESSION AGENDA: © No Presentation ❑ Full Presentation STUDY SESSION ACTION: N Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to authorize the Human Resources Manager to finalize and execute the attached Professional Services Agreement Summit Law Group, PLLC, with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/12 PROFESSIONAL SERVICES AGREEMENT The City of Bremerton("City") and Summit Law Group, PLLC ("Retained Counsel"),referred to collectively as the "Parties," enter into the following Agreement for professional services: I. Scope: Retained Counsel will represent the City of Bremerton on an as needed basis in matters related to municipal government services as directed by the City Attorney. II. Term: This Agreement commences upon execution by the Parties and shall continue in full force and effect until terminated pursuant to Section V of this Agreement. III. Compensation: The City shall pay Retained Counsel hourly rates for services as listed in the schedule attached hereto as Exhibit A and incorporated herein by this reference. Out of pocket expenses will be reimbursed in accordance with Retained Counsel's standard billing practices. The Parties agree that the hourly rates for services stated herein may, from time to time, and upon approval by the City Attorney, be adjusted to reflect current market rates and conditions. IV. Insurance: Retained Counsel shall provide Certificates of Insurance to the City's Risk Manager verifying the following coverage: a professional liability policy ("E&O") providing coverage of One Million Dollars ($1,000,000) for errors and omissions committed by Retained Counsel while performing its obligations under this Agreement. The policy shall remain in full force and effect, and provide coverage for the full term of this Agreement. Insurer shall provide the Risk Manager with thirty (30) days' written notice of any cancellation or change of coverage of the policy. V. Termination: The Parties agree that this Agreement will continue in full force and effect until terminated. The City may terminate representation at any time, with or without cause upon written notice to Retained Counsel. Retained Counsel reserves the right to withdraw from representing the City if fees are not timely paid, or for any other appropriate cause. VI. General Conditions: A. Reports and Information: When requested by the City Attorney or Human Resources Manager, Retained Counsel shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. B. Entire Agreement: This Agreement constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements,written or oral, that have not been set forth in the text of this Agreement. C. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. D. Modification: This Agreement may only be modified by written instrument signed by both Parties. E. Notices: Notices shall be in writing and delivered to the following addresses: CITY: RETAINED COUNSEL: Charlotte Belmore, HR Manager Bruce L. Schroeder City of Bremerton Summit Law Group, PLLC 345 Sixth Street, Suite 600 315 5h Avenue S, Suite 1000 Bremerton, WA 98337 Seattle,WA 98104 1 F. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed a waiver of any other right or power. G. Compliance with Laws: Retained Counsel shall comply with all applicable Federal, State and local laws in performing its obligations under this Agreement. H. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. I. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorneys' fees. CITY OF BREMERTON RETAINED COUNSEL: By: Charlotte Belmore By: Bruce L. Schroeder Its: Human Resources Manager Its: Date: Date: APPROVED AS TO FORM: Roger A. Lubovich, City Attorney R:\Legal\Legal\Contracts\LEGAL\Legal Services Agreement-Form.doc 2 EXHIBIT A SUMMIT LAW GROUP -- LABOR/EMPLOYMENT ATTORNEYS 2014 Fee Schedule NAME PUBLIC RATE Peter Altman 225.00 Kristin D. Anger 270.00 Denise L. Ashbaugh 255.00 Michael C. Bolasina 270.00 Elizabeth R. Kennar 270.00 Otto G. Klein 300.00 Sofia D. Mabee 270.00 Shannon E. Phillips 270.00 Bruce L. Schroeder 300.00 Linda Swanson 125.00 Rodney B. Younker 295.00 Public Rates AGENDA BILL (;A CITY OF BREMERTON CITY COUNCIL eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee■ SUBJECT: Study Session Date: N/A Real Estate Purchase and Sale Agreement COUNCIL MEETING Date: October 1, 2014 with Bremerton/Stephanus II, LLC (John Department: Public Works & Utilities Stephanus) for Right of Way on Lower Presenter: Chal Martin Wheaton Way (LWW) Project Phone: (360) 473-5758 SUMMARY: In construction of the project, a CenturyLink vault was uncovered on the south side of E. 18th Street. Lowering the vault and associated duct bank is possible, but the time required to do so could potentially delay the project. Staff, working with the project design consultant, identified an alternate roadway design that would allow the vault to remain, does not significantly alter the roadway grade, and still allows for large truck and bus turning movements at-the intersection with Wheaton Way. The new alignment does require the purchase of 648 square feet of private property from John Stephanus which he has agreed to for$2,500. CenturyLink has agreed to reimburse the City for all costs related to this property purchase and re-alignment of the roadway. ATTACHMENTS: 1.) Real Estate Purchase and Sale Agreement, with Exhibits A and B FISCAL IMPACTS (Include Budgeted Amount): Total cost to the City for this revision is approximately $47,000 for which CenturyLink will be reimbursing the City. STUDY SESSION AGENDA: ❑ No Presentation ❑ Full Presentation STUDY SESSION ACTION:. ❑ Consent Agenda © General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the purchase and sale agreement with Bremerton/Stephanus II, LLC (John Stephanus) for the 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, and to further finalize and execute any and all documents necessary to complete the transaction. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 REAL ESTATE PURCHASE AND SALE AGREEMENT 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 Bremerton/Stephanus II,a Washington Limited Liability Company ("Seller"), for the sale and purchase of real property as follows: 1. PROPERTY. 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 the intersection of East 18th Street, Marlow Avenue, and Wheaton Way, Bremerton, Washington (the "Property"). The Property is legally described in Exhibit A, which is attached hereto and incorporated herein by this reference. A map indicating the location of the Property is attached as Exhibit B and incorporated herein by this reference; the Property is labeled on the map as "RIGHT OF WAY AREA: 648 SQ. FEET" and "5277-000-003-0002 Stephanus John W.,, 2. EARNEST MONEY. No earnest money is to be received from the Buyer. 3. PURCHASE PRICE. The total purchase price for the Property is $2,500. 4. CONTINGENCIES. This agreement is contingent upon: (a) Acceptance of its terms by the Bremerton City Council. (b) Buyer's review and approval of Seller's information contained in the Real Property Transfer Disclosure Statement. (c) Seller's payment of all outstanding taxes on the Property. Should any of these contingencies not be met within 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 and defects, except rights reserved and federal patents or state deeds; building or use restrictions consistent with current zoning; restrictions, conditions and easements contained or dedicated on the face of the plat; and utility, road and sidewalk easements and right- of-way vacations of record. If title is not otherwise clear prior to the closing date called for herein, this agreement shall terminate, unless Buyer elects to waive such defects or encumbrances. 6. CLOSING COSTS AND PRO-RATIONS. Buyer shall pay all closing costs REAL ESTATE PURCHASE AND SALE AGREEMENT September 2014 Page 1 of 5 except any fees which are expressly limited by Federal Regulation. Buyer 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. 7. CLOSING OF THE SALE. With the understanding that time is of the essence for this agreement, this sale shall be closed by , 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 the Bremerton Office of the City Attorney, 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. 8. POSSESSION. Buyer shall be entitled to possession on closing, except that Buyer at its discretion has the option of entering onto the Property prior to closing to fulfill its obligations under this agreement or as otherwise agreed between Buyer and Seller. Seller expressly authorizes Buyer to enter onto the Property without notice prior to closing to fulfill any obligation of the Buyer under this agreement. 9. 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. 10. SELLER'S ENVIRONMENTAL REPRESENTATIONS. Seller represents that to the best of his knowledge,he is not aware of the existence of and has not caused or allowed to be caused any environmental condition(including, without limitation, a spill, discharge or contamination) existing as of and/or prior to the closing date, or any act or 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. 11. 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, REAL ESTATE PURCHASE AND SALE AGREEMENT September 2014 Page 2 of 5 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. 12. 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. 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 associated 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 which is the subject of this agreement. (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. 13. 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 the 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 Seller's rights and obligations in this agreement. 14. BROKER 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. 15. 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. 16. 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: REAL ESTATE PURCHASE AND SALE AGREEMENT September 2014 Page 3 of 5 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. 17. 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. 18. 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. 19. 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. 20. 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. If Seller does not so deliver a signed copy within said period, this agreement shall lapse and all rights 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 Bremerton/Stephanus II, A Washington Limited Liability Company By: Patty Lent, Mayor By: John W. Stephanus REAL ESTATE PURCHASE AND SALE AGREEMENT September 2014 Page 4 of 5 Its: Member Dated: Dated: APPROVED AS TO FORM: By: Roger A. Lubovich, City Attorney PACMITORMS\REAL ESTATETEPSA-Form.doc REAL ESTATE PURCHASE AND SALE AGREEMENT September 2014 Page 5 of 5 Exhibit A That portion of Lot 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, bounded by Wheaton Way, E. 18th Street, and Marlow Avenue. Consisting of approximately 648 square feet total. Legal Description for Parking Lease—Smith School \ S\ � °\\ Ste/ �►� ... 4, 00�,� \.. '4�. \ EXISTING PARCEL LINE 20' 10' 0 20' 40' \\o \ s\ L=145.25 R=10 ' s , A-7'45'09" RIGHT OF WAY AREA: 1,200 SO. FEET w o \ s\ L=1 t6 24' R=273.50' K' O \K \ S-S S S� X8;7'30'1 6"E sG� ?c o R=305. F 5.75 5 S A=6* —S y�o w� \s w L=11 .87' R=255.19' / o / W-W_W--- W�W RIGHT OF WAY AREA: 648 SO. FEET k\ _ OD3_Do0249 S\\ SSE US JOHN W w q S y EXHMff 0 From: Chal Martin Sent: Tuesday, September 30, 2014 6:21 AM To: Lori Smith; Gunnar Fridriksson; Greg Wheeler Cc: Patty Lent; Milenka Hawkins-Bates;Thomas Knuckey; Cathy Johnson Subject: RE: E. 18th Street and ROW purchase - Request to Walk On Agenda Item Attachments: INTER-05_rev3_2014-09-27.pdf President Wheeler, as you know we are re-aligning the intersections on Lower Wheaton Way to connect to the main street at a 90 degree angle. Much safer. At 18th, Comcast had a communications vault,a very important one it turns out, that they did not identify prior to the project starting. Since Comcast didn't let us know their vault was there, project plans were developed that would have located the street right over the top of the vault. The reason that alignment was chosen was to avoid a small,triangular piece of real estate that was in the middle of the intersection, owned by John Stephanus. The solution to this problem that was developed by Gunnar working with Stan Palmer, Comcast, Mr. Stephanus, Gray& Osborne, and our Water Maintenance staff,was for the City to purchase the small triangular piece from Mr.Stephanus, relocate the street over that piece of property, and then have that transaction reimbursed by Comcast. Comcast will still need to modify its vault, but it won't have to relocate the vault and will therefore save money. This proposed resolution of the issue was ongoing last week and therefore could not be submitted as an agenda item in the normal process. It is time critical to resolve. We request your permission to walk this item on at Wednesday's meeting. Thanks verymuch. chal Chal A. Martin, P.E. Director, Public Works and Utilities Department City of Bremerton (360)473-5758/(360) 473-5018 Fax chal.martin@ci.bremerton.wa.us 1 Wpl e K ID' S' 0 1 D' 20 A'! s F WHEATON WAY 3Pi 6 u 9ieS Cn C 2 3 " • All 33 b .rj y2 4v to �.r a 9 444 Y S Ig6 Ao 5 O� �P 5 N z CURB RETURN TABLE NUYSER TYPE STWTION OFFSET ELEVATION ELEV.TXIX TYPE CURB NEIOM OESOISPRON CENTER \i0 0 ds > 1 PC 30+96.6 1500 M 23363 RMF'UNE 6• C �� at; K F O 2 -- ]1+16115 2061 M 2].95 FLMF UNE 0' R-750)• SDa96..6 LU f W F CD ] ]1+23)3 2332 RT 235.05 F—LINE D' M55'2032' p1 w RT \ 2 ♦ 1/zo 31+26.53 26..M 2356♦ FLOW UNE 6' L-72 N' K 3m ! m 31+4905 M77 R1 239711 ROW UNE o' \ PC 31+6006 5167 M 2.665 FLOW UNE 6' R`3''w ]1+]5.)8 7 m 2 O LL M60♦T56' ~ 1/u ]1+51Sp 1006 RT 251 D6 FLOW UNE 6' ��RT 0 Q PT 31+5659 11999 RT 25F 96 RDW UNE 6• H g 3 6 INC ]2+09119 129W M 251101 RDW UNE 11' R.tw w' 33+♦Y 5,1 \ V x W m u 1/2^. 13 1+95.20 10.6918 25]5. FLOW UNE 6' 6`�5}IB,55 2)3J M SC � 30 B PCC ]1+635) 6213 M 2.716 FIDN UNE r B 1/2A 31+5203 3591 M 2]95.5 RAT ONE C 10 -- ]1+9112 2]59 M 235.15 RDW UNE 0• -", K+1567 6 e.11f53'26' 61 w M SXEET 29 11 ]1 a96.2] 2055 M z]S.z] FLOW UNE O' L—z. P1 32.1587 16W M 23564 FU UNE e' 0`y J OF 52 -- 31+933] 16w LT 23526 FLOW UNE TWO 31+9662 tow LT 23537 FLOW UNE 0' )p) IONµ T SCMEACORWNFAY JOB NO 13519 DWIi OBER-OS i i PUBLIC WORKS A UTILIYIES Engineering Division m3oo-4734tro S80-4734M 3W orrnP.ofan Arnmrrun,WA M10 25, September 2014 Dan O'Toole CenturyLink Re: Lower Wheaton Way Project Memorandum of Agreement—18th Street Revision Dear Dan, The City of Bremerton agrees to revise the alignment of E. 18"' Street to avoid lowering the existing CenturyLink vault. This realignment will require: Estimated Cost • Purchase of 650 square feet of property from John Stephanus $2500 • A significant design effort with a minimum of three(3)plan sheets $5500 for the project being altered. • Restaking of the curb and gutter to the new alignment and grades. $3000 • Lowering of a 12-inch City water main. $22750 • Extending a 12-inch storm line to the new intersection at E. 18�h and Marlow. $3500 • Additional asphalt removals. $1540 • Regrading of the area to the new alignment and grades. $3500 • Extend electrical conduits to a new crossing location. $3000 Total cost for the realignment is approximately $46,000, which CenturyLink agrees to pay in full at final/actual cost. In addition, CenturyLink will be required to lower the duct bank so that it doesn't conflict with the project. The City will invoice CenturyLink with actual costs once the work is completed, which should be by mid-October. If CenturyLink agrees to these costs, please sign below and return this letter. If you any questions or wish to meet to discuss, please feel free to call me at 360.473.2354 or via email at gunnar.fridhkssonla)ci.bremerton.wa.us. Sincerely, 11�1_ Gunnar Fridriksson P L.S., P.E. Q Managing Engineer I concur with this agree Cc: Thomas Knuckey P.E., City Engineer David Kludsikofsky file Engineering / Construction Manager 8102 Skansie Ave Gig Harbor, Wa 98332 0914-03 253-851-1365 Office 253-273-6962 Cell PUGET KAVA ' SOUND ENERGY " Kitsap Area Kitsap County �L_6 Veterans Alliance Veterans Program Present The 2014 Fall Stand Down F o �����V e t e r a n s =-a-n&their families SATURDAY; October 4th , 9:00 am to 2:00 pm ?l Donuts:and coffee wilbbe served beginning at 9:00 am qot-meals will be served from 11:00 am to 1:30 pm f,F Sheridan ark Community Ce4er, 680 Lebo Blvd, East Bremerton Bring several copies of your DD214 �r or discharge papers, for faster service NO ID REQUIRED`IOR ENTRY DD214/discharge papers, or VA, milita-;:a,.retired military, Reserve or National Guard ID. Unaccompanied/family4A'members must bring DD214 and proof of relationship. Ai PLANNE09FR E SERVICES--.: Legal assistance / How tojchange'your child support"payments / Women, F men and children's cloth_Jng-/- Hot meal:/Dealing. with f6idclosure/ Hygiene items & shaving gea feGrocerie H"a-i,rcuts.:%_ A healthy;,b:enefits VA claims / Employme - referrals / Vi n screenin-g._/ Finand;�,1ass.'istan.ce-/ - fir' _-_•.-' _; — ^ .,, h :a �n r,rr Y �, 4 z. �,F�e,. Camping gear/ - using options.:/ DSFSS6,rGlb�'a'n't:/,_b,N�., 'OEF .&-`OIC benefits / He)-O,wit 3:rf clegr e-driver s license su�spensioi / Free voice 'ma'il /-Fr.6em°ail address /•Much move '- of raE• O��to a 4rfs f 41 ,p�,e` •>-,;a�.,,.���r�, >°.,• ' .ice ' W i, Y•` t i 1 r, I Y O G. � rq i r { nR' I ' 1 rl 4' 1 .Y - J � l a �...<'. Y a:. �:���. � moi•i��<<,. *,. 1F;' t In memory of Cecil McConnell April 11, 1930 to September 29, 201 4