HomeMy WebLinkAbout05/04/05 AGENDA
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CITY COUNCIL
3456th Street, Suite 600, Bremerton, WA 98337-1873 03 (360) 473-5280
MAY 4, 2005
CITY COUNCIL MEETING AGENDA
1. PRE-COUNCIL STUDY SESSION: 5:00 - 5:30 P.M. in COUNCIL CONFERENCE ROOM 603
A. General Council Business
2. CALL TO ORDER: 5:30 P.M. in MEETING CHAMBERS LOCATED ON FIRST FLOOR
A. Pledge of Allegiance
B. Invocation
3. MAYOR'S REPORT
4. PUBLIC SERVICE ANNOUNCEMENTS
5. CONSENT AGENDA
A. Claims & Check Register (#AB05-105)
B. Minutes of Meeting - April 27, 2005 (#AB05-106)
C. Reappointment of John Lyall to the Housing Authority Board of Directors (#AB05-107)
D. Professional Services Agreementwith IV!E~CHANT PATROL SECURITY SERVICES for Security
Services for the BREMERTON HARBORS IDE CONFERENCE CENTER Parking Garage (#AB05-
108)
E. Professional Services Agreement with ABSG CONSULTING, INC. for Structural Engineering
Services at Reservoir 5 (#AB05-109)
6. PUBLIC HEARINGS
A. Ordinance No. 4937, adopting amendments to the City Zoning Code by adding Chapter
20.66 entitled "Neighborhood Center Core (NCC)" and Chapter 20.70 entitled "District
Center Core (DCC)" to the Bremerton Municipal Code (BMC) (#AB05-110)
7. PUBLIC RECOGNITION
8. COUNCIL MEMBER REPORTS
9. EXECUTIVE SESSION
A. Council will convene for a 10-minute Executive Session to discuss "Potential Litigation" per
R.C.W. 42.30.110(1)(i) (#AB05-111)
10. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING
II Americans with Disabilities Act (ADA) accommodations provided upon request. Those requiring special
accommodations should contact the City Clerk's Office at (360) 473-5323 by noon on the Monday preceding the
Council meeting.
DA TE SUm,1ITTED:
BILL -# OS- /0$
AGENDA BILL
CIT~'i'c OF BREMERTON
CITY COU1JCIL
5/
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SUBJECT: Approval of Claims and Checks
Res:ister
'-'
Committee M.eeting Date:
COUNCIL }.1EETll>JG Date:
Department:
Presenter:
Phone:
s-- ~-OS
Financial Services
Cathy Johnson
473-5296
SUI\iMARY: Consent agenda item. Approval of payroll, checks and electronic fimd transfers.
ATTACHI\1ENTS:
FISCAL IMPACTS (Include Budgeted Amount):.
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT: y"'^"--- ~/\
RECOMMENDED MOTION: Move to Approve:
CONSENT AGENDA [;gl
2) Regular Payroll for the pay period ending
f 36D - ?3'oS-
1) Check#'s;{99J:)S- throughol'197Y{ and EFT's &/35.- ~~~h 9/S;S-oY: /y
in the amount of $ 91'":::50 0: / Y
in the amount of $ &2.':<-- f P-S-:' ;Z ~
&S-f,72.? ~y
in the amount of $ 7 ( Cf YtJ. /1
,
C(-( ')-0 <:)
3-3(-0:;-
Lf - '30'l0S
3) Retiree Payroll for the pay period ending
COUNCIL ACTION: ~pprove
D Deny D Table
o Continue D No Action
DATE SUBMITTED: IIp,.il ~g{ ~O/lS"
BILL # . 05"- IOfc '
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
58
........................................................................................
SUBJECT: Minutes of Meeting -
IIpn" ~71 ;)..()O~
Committee Meeting Date:
COUNCIL MEETING Date:
Department:
Presenter:
N/A
. M~ 4' ~()D5'"
City ouncil
Daren Nygren,
Council President
(360) 473-5280
Phone:
SUMMARY: Attached are the minutes for the Council Meeting held. IlpYiI ;:)..1, ~ooS".
ATTACHMENTS: Minutes for fJpY"il ~71 .;lODS
FISCAL IMPACTS (Include Budgeted Amount): 0
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
CONSENT AGENDA [gI
~~
RECOMMENDED MOTION: Move to pass the Consent Agenda as presented.
COUNCIL ACTION: 'n Approve 0 Deny 0 Table
o Continue 0 No Action
DIGITAL RECORDING
CITY COUNCIL MEETING MINUTES
Wednesday, April 27, 2005
The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council
Chambers, of the NORM DICKS GOVERNMENT CENTER 345 6th Street, Bremerton, Washington,
Wednesday, April 27, 2005, at 5:30 PM, with Council President Daren Nygren presiding. Council
members present were Mike Short, Will Maupin, Carol Arends, Dianne Robinson, Mike Shepherd, and
Cecil McConnell. Council Members Brad Gehring and Wendy Priest were absent. Also present were
Assistant City Attorney Ken Bagwell; City Clerk Paula Johnston; and Council Assistant Christine Grenier.
The Pledge of Allegiance was led by Council Member Cecil McConnell; followed by the invocation
provided by Council Member Carol Arends.
President NVQren made the following announcements:
1. A Pre-Council session was held in Council Conference Room 603 from 5:00 to 5:30 PM; and
2. Reminded citizens that information on upcoming Council Meetings can be found on the City's
website at www.cLbremerton.wa.us. or by calling the Council office at (360) 473-5280.
PUBLIC SERVICE ANNOUNCEMENTS
Mike Shepherd announced the 2nd Annual May Day Festival to be held on Saturday, May 1 st at Cafe
Destino from 10:00 A.M. to 3:00 P.M.
Cecil McConnell presented the "City Pride Program Award" for the Month of April 2005 to
Douq Smith of State Farm Insurance & Financial Services, located on East Broad Street.
CONSENT AGENDA
A. Check Numbers 299348 to 299554; and EFT-6827 to EFT-6837 in the amount of $628,387.65
(#AB05-103)
B. Minutes of Meeting -April 20, 2005 (#AB05-104)
5:35:40 M/S/C (Arends/Short) Move to approve the Claims and Check Register.
Voted in favor of Motion: McConnell; Robinson; Arends; Maupin; Short; Nygren
Abstained: Shepherd
Motion carried: 6-Yes; 1-Abstention
5:37:05 M/S/C (Maupin/Robinson) Move to approve the Minutes of Meeting - April 20, 2005.
Voted in favor of Motion: Robinson; Arends; Maupin; Short; McConnell; Nygren
Abstained: Shepherd
Motion carried: 6-Yes; 1-Abstention
With no further business, the meeting of the City Council was adjourned at 5:38 PM. The Council
reconvened in Council Conference Room 603 for a Study Session to hear presentations on upcoming
agenda items.
Prep.ared and Submitted by:
~~
CHRISTINE GRENIER
Council Assistant
Attest:
PAULA JOHNSTON, City Clerk
DAREN NYGREN, City Council President
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
BILL # o~- 107
DATE SUBMITTED:
5G
........................................................................................
SUBJECT: Reappointment to the
Housing Authority Board of Directors
Committee Meeting Date:
COUNCIL MEETING Date:
Department:
Presenter:
Phone:
f!tril J.1,;). () 0 c;'
ay 4, 2005
Executive
Mayor Bozeman
360473-5266
SUMMARY: When John Lyall was appointed to the Housing Authority Board in December of2004
he was filling the unexpired term of Art Morken Jr. That term will expire on May 16,2005. It is
recommended John Lyall be reappointed to another term on the Housing Authority Board.
A TT ACHMENTS: Application for appointment.
FISCAL IMP ACTS (Include Budgeted Amount): n/a
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
-c., W
) IIlf1 ·
~~~~r:::~~~ET: -f~ .~ CONSENT A~~~
COUNCIL PRESIDENT: p~ ~~ .
RECOMMENDED MOTION: ~ c:kJ ~ ~ /7..L~
1/~~~tfn~~~~.
/:JCX0J o(y}~.
-.,
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue 0 No Action
Application For City Boards! Commiasion51 Committee
Note: As an applicant for a City Board, Commission or Committee. your name, address, and
telephone number will be available to the press and public. You will be contacted before any
action is taken on your appointment.
(please type or print clearly)
Date: Nov. 15, 2004
Name: John Francis Lyall Home Phone: (360) .
FIRST MIDDLE LAST
Home Address: W A Bremerton 98312
NUMBER STREET STATE CITY ZIP
Occupation: Realtor
Employer: Reid Real Estate--Bremerton
Work Address: 3330 Kitsap Way
NUMBER STREET
WA
STATE
Bremerton
CrrY
98312
ZIP
Work Phone: (160) 377 0046
Fax: (360) 479 0833
E-Mail: jlyall@)aol.com
Education:
Bachelor of Arts--Social Science
Master of Arts---English
Master of Science--Public Administration
i
Local References (names and phone nwnbe~):
David Farr 360 620 5414 .
Mo Anduiza 3606927431
Ann Lovell 360 373 8303
I am interested in serving (please check one or more):
o Disability Action Committee
B Civil Service Commission (18 yrs. and older)
Urban Forest Committee
o Public Access Citizens Advisory Committee
o Community Development Block Grunt Advisory Board
o Youth Council
o Safe Streets Steering Committee
o Board of Appeals, Housing/Building Codes
o Other
o Planning Commission (18 yrs. and older)
o Park$ &, Recreation Commission
o Ethics Commission
o Parking Advisory Board
o Mayor's Select Committee on Law Enforcement
I8J B~merton Housing Authority '.i
o Solid Waste Management
o Citizen's Commission on Council Salaries
Is this an application for reappointment? No
City AppoinJrnCnt Application
Page I 0(2
If yes, how many years ha.ve you served on this commission/committee? N/A
Why are you applyiDg for this appointment? I believe every citizen has a responsibility to participate in their
community. in order to make it a better place to live. The Bremerton Housing Authority Board is about to make
some major changes to Bremerton that will make it a better place to live. 1 want to participate in that process.
I
WJlleh of your personal and/or professional jaterests prompted YOD to apply for this appointment? My
personal interest is helping Bremerton to be an exciting and desirable place to live. I believe the Bremclton
Housing Authority Board is about to embark on projects that will bring major change to this community.
These projects will have positve effect on our citizens for many years to come. I want to be part of that process.
Have you ever served on any other Bremel10n Board, Commission, Committee or Task Force? If yes,
please list: Civil Service Commission: Mayors Public Safety Bond Election Task Force.
Please list your qualifications for this appointment (Include skills, activities, training, education): MasterS
Degree in Public Administration.. Good analytical skills. Good negoiating skills. Excellent organizational
skills. Good Listener.
What are your commuuity interests (committees, organizations, special activities)? Board Member West
Sound Red Cross Advisory Board; Board Member West Sound Arts Council; Past President Evergreen
Children's Theatre; Past Board Member Bremerton Symphony Assoc.
We welcome your willingness to serve Brem.erton. For more infonnation please contact the Mayor's Office at
(360) 473-5266. FAX (360) 473-5883 or via email at mayor@ci.bremerton.wa.us. Please return the completed
fonn to: Mayor's Office, 239 4th Street, Bremerton WA 98337.
.~
City Appointment ApplkllMII
hie 2 of2
DATE SUBMITTED: April 27, 2005
BILL # 05"-(08
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
5D
........................................................................................
SUBJECT: Professional Services
Agreement with Merchant Patrol for security
services at the Conference Parking Garage
Committee Meeting Date: April 27, 2005
COUNCIL MEETING Date: May 4, 2005
Department: PW & U
Presenter: Wayne Hamilton
Phone: x5207
SUMMARY: Staff is entering into a new Professional Services Agreement with Merchant Patrol
Security Service, Inc. for two (2) years, from 5-05-05 to 12-31-06, for security services and facility
access control as required at the Conference Center Parking Facility located at 100 Washington
Avenue. Compensation is $33,400.00 annually. Merchant Patrol Security Services, Inc. has been
performing security services for the City as a subcontractor for Diamond Parking Services at the
4th/Washington Parking Garage for the last six (6) years.
ATTACHMENTS: Pro05,ot't~t Se.rvi'c..eS t\~~ v.>/ex,kt:b;t fl
FISCAL IMP ACTS (Include Budgeted Amount): Funds were not budgeted in the current FY05
Budget. Therefore, funding for this contract will require a budget adjustment and come from the
Parking Fund2005 Ending Fund Balance. .
APPROVALS: r2
DEPARTMENTDIRECTO''<. ~
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
CONSENT AGENDA ~
~
RECOMMENDED MOTION: Move to approve addi onal expenditures of $22,000 for 2005 for
the Parking System Fund 105 and to approve a Professional Services Agreement with Merchant
Patrol Security Services, Inc. for security services in the Conference Center Parking Garage and direct
the Mayor to execute the agreement in substantially the same form as presented.
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue 0 No Action
PROFESSIONAL SERVICES AGREEMENT
The City of Bremerton ("City") and Merchant Patrol Security Services, Inc.
("Consultant"), referred to collectively as the "Parties," enter into the following Agreement for
professional services:
I. Scope: The Consultant agrees to perform the services more specifically described in the
Scope of Services and Duties, including any attachments thereto, attached hereto as Exhibit A,
which is incorporated by reference herein. The Scope of Services and Duties may be modified
only pursuant to Section VII.G of this Agreement. If the Scope of Services and Duties provides
for unspecified additional services such services shall only be performed upon the express
written request of the City. Consultant further represents that the services furnished under this
Agreement will be performed in accordance with generally accepted professional practices in
effect at the time such services are performed.
II. Term: The term of this Agreement shall commence on May 1,2005 and will terminate
on December 31, 2006, unless terminated earlier pursuant to this Agreement.
III. Compensation: In consideration ofthe services provided pursuant to this Agreement, the
City shall pay Consultant in an amount not to exceed $2,783.43 per month. Consultant shall bill
for services at the hourly rate of $15.25 per hour and shall provide six (6) hours of security per
day, seven (7) days a week. This shall include vehicle patrols as set out in the scope of services.
Consultant shall submit regular billing statements describing work performed and amount
charged for security services. The descriptions shall conform to and fall within the categories set
out in the Scope of Services. Upon receipt of a conforming billing statement, the City shall
promptly process payment.
Consultant shall not perform work beyond the Scope of Services and Duties, nor shall
Consultant be compensated for such work, unless the Scope of Services and Duties or amount of
compensation is modified pursuant to this Agreement. Consultant shall only be compensated for
additional services if requested pursuant to Section I and, if not otherwise provided, such
compensation shall be in accordance this Section.
If a billing statement does not conform to this Agreement, the City may withhold
payment until the statement is brought into compliance. Such withholding does not relieve
Consultant of its obligations under this Agreement.
IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed
in the Scope of Services and Duties and is performing independent functions and responsibilities
within its field of expertise. Consultant and its personnel are independent Consultants and not
employees of the City. Consultant and its personnel have no authority to bind the City or to
control the City's employees and other Consultants. None of the benefits provided by the City to
its employees, including, but not limited to, compensation, insurance, and unemployment
insurance are available from the City to the employees, agents, representatives, or sub-
Consultants of the Consultant. Consultant will be solely and entirely responsible for its acts and
Merchants Patrol Security System
Page 1 of7
for the acts of ConSultant's l:i.gents, employees, representatives and sub-Consultants during the
performance of this Agreement. The City may, during the term of this Agreement, engage other
independent Consultants to perform the same or similar work.
As an independent Consultant, Consultant is responsible for its own management. The
City's administration and enforcement of this Agreement shall not be deemed an exercise of
managerial control over Consultant or its personnel.
As an independent Consultant, Consultant is responsible for payment of all taxes and
licensing fees necessary to perform its obligations under this Agreement. These taxes and fees
include but are not limited to State industrial insurance, Business & Occupation, State
professional licensing, and City business licensing. If any taxes or fees due the City have been
declared delinquent, the City may withhold the delinquent amount, plus any additional charges
arising from the delinquency, from any payments due Consultant.
v. Indemnification: Consultant 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 ofthis Agreement, except for that portion of the injuries and damages caused by the
City's sole negligence.
The City's review or acceptance of any of the 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 Consultant
and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability
hereunder shall be only to the extent of the Consultant's negligence.
IT IS FURTHER SPECIFICALL Y AND EXPRESSL Y UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'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.
The provisions of this section shall survive the expiration or termination of this Agreement.
Merchants Patrol Security System
Page 2 of7
VI. Insurance:
A. Responsibilities and Requirements. The Consultant shall provide professional
liability or errors and omissions insurance and comprehensive general liability insurance,
including bodily injury and property damage, of at least $500,000 per occurrence.
Before beginning work on the project described in this Agreement, the Consultant shall
provide a Certificate oflnsurance evidencing that coverage.
Any payment of deductible or self insured retention shall be the sole responsibility of the
Consultant.
All required policies shall be provided on an "occurrence" basis except professional
liability insurance (if required), which may be provided on a "claims-made" basis.
The City shall be named as an additional insured on the Commercial General Liability
insurance policy, and the automobile liability insurance policy as respects work performed by or
on behalf of the Consultant and a copy of an endorsement that is acceptable to the City, which
names the City as an additional insured shall be attached to the Certificate of Insurance. The
City reserves the right to receive a certified copy of all the required insurance policies and
endorsements. The City further reserves the right to reject any unacceptable policies and/or
endorsements.
The Consultant's Commercial General Liability insurance shall contain a clause stating
that coverage shall apply separately to each insured against whom claim is made or suit is
brought, except with respects to the limits ofthe insurer's liability.
The Consultant's insurance shall be primary insurance as respects the City and the City
shall be given thirty (30) days prior written notice by certified mail, return receipt requested, of
any cancellation, suspension or material change in coverage.
The City also reserves its unqualified right to require at any time and for any reason,
proof of coverage in the form of a duplicate of the insurance policy with all endorsements as
evidence of coverage.
B. Automobile Liability Insurance: The Consultant shall provide Commercial
Automobile Liability Insurance with limits no less than $500,000.00 combined single limit per
accident for bodily injury, physical and property damages.
Before beginning work on the project described in this Agreement, the consultant shall
provide a Proof oflnsurance evidencing that coverage.
Automobile Liability Insurance policies shall be on an "occurrence" basis.
Merchants Patrol Security System
Page 3 of7
VII. General Conditions:
A. Reports and Information: When requested by the City, Consultant 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. Consultant shall maintain
accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to
substantiate all billed amounts.
B. Ownership and Use of Records and Documents: Original documents, drawings,
designs and reports, including those in electronic format, developed under this Agreement are the
property of the City. All written information submitted by the City to the Consultant in
connection with the services performed by the Consultant under this Agreement will be
safeguarded by the Consultant to at least the same extent as the Consultant safeguards like
information relating to its own business. If such information is publicly available or is already in
Consultant's possession or known to it, or is rightfully obtained by the Consuhant from third
parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise.
All data, documents and files created by Consultant under this Agreement may be stored
at Consultant's office in alalIa, Washington. Consultant shall make such data, documents, and
ftles available to the City upon its request at all reasonable times for the purpose of editing,
modifYing and updating as necessary until such time as the City is capable of storing such
information in the City's offices. Duplicate copies of this information shall be provided to the
City upon its request, and at reasonable cost.
All documents, including all reports, drawings, specifications, computer software or other
items prepared or furnished by Consuhant pursuant to this Agreement, are instruments of service
with respect to the project and are the property ofthe City. Any reuse by the City for other than
the specific purpose intended will be at City's sole risk.
C. Work Performed at Consultant's Risk: Consultant shall take all precautions necessary
and shall be responsible for the safety of its employees, agents, and sub-consultants in the
performance of the work hereunder and shall utilize all protection necessary for that purpose.
All work shall be done at Consultant's own risk, and Consultant 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. Place of Work: The Consultant shall perform the work authorized under this
Agreement at its offices in alalIa, Washington and at the Kitsap Conference Center - Bremerton
Harbor Side parking facility located at 100 Washington Avenue in Bremerton, Washington
Meetings with the City staff as described in Exhibit A, Scope of Services and Duties, shall take
place at the City's offices, or at locations mutually agreed upon by the parties.
E. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement
between the Parties, and the Parties acknowledge that there are no other agreements, written or
oral, that have not been set forth in the text of this Agreement.
Merchants Patrol Security System
Page 4 of7
F. Severability: Should any part of this Agreement be found void, the balance of the
Agreement shall remain in full force and effect.
G. Modification: This Agreement may only be modified by written instrument signed by
both Parties.
H. Written Notices: All communications regarding this Agreement shall be sent to the
parties at the addresses listed below by registered or 1 st class mail, or by personal service, and
shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement
or such other address as may be hereafter specified in writing.
City Address
City ofBremerton
Attn:
345 Sixth Street, Suite 600
Bremerton, WA 98337-1873
Consultant Address
Merchant Patrol Security Services, Inc.
Attn: Dan Larson
PO Box 964
Olalla, W A 98359
I. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a
waiver ofthat provision. Waiver of any right or power arising out of this Agreement shall not be
deemed waiver of any other right or power.
J. Non-Waiver of Breach: The failure ofthe City to insist upon strict performance of any
of the covenants and agreements contained herein, or to exercise any option herein conferred in
one or more instances shall not be construed to be a waiver or relinquishment of said covenants,
agreements or options, and the same shall be and remain in full force and effect.
K. Compliance with Laws: Consultant shall comply with all applicable Federal, State,
and local laws in performing its obligations under this Agreement.
L. 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 ofthis Agreement
shall be brought in Kitsap County Superior Court.
M. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions
herein, each party shall pay all its own costs and attorney's fees.
N. Assignment: Any assignment of this agreement by Consultant without the written
consent of the City shall be void.
VIII. Nondiscrimination: Consultant shall not discriminate in employment or services to the
public on the basis of race, color, national origin, sex, religion, age, marital status, or disability,
except for employment actions based on bona fide occupational qualification.
IX. Termination: This Agreement may be terminated, at will, by either Party upon thirty
(30) days notice to the other Party. This Agreement may be immediately terminated for cause by
a Party if the other Party substantially fails to perform through no fault of the terminating Party,
Merchants Patrol Security SystemPage 5 of7
and the non-performing Party does not commence correction of the failure of performance within
thirty (30) days of the terminating Party's sending notice to the non-performing Party. Notice by
Consultant shall include a report showing the status of all items listed in the Scope of Work
current through the termination date.
If the City receives reimbursement by any federal, state, or other source for work described in
Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is
cancelled or substantially reduced after the execution date of this Agreement and prior to the
completion ofthe work, the City may summarily terminate this Agreement. Termination shall be
effective ten calendar days after Consultant's receipt of the written notice by certified mail.
A. Rights Upon Termination: In the event of termination, the City shall pay for all
services performed by the Consuhant to the effective date of termination, as described on a fmal
invoice submitted to the City. After termination, the City may take possession of all records and
data within the Consultant's possession pertaining to this project which may be used by the City
without restriction. Any such use not related to the project which Consultant was contracted to
perform shall be without liability or legal exposure to the Consultant.
CITY OF BREMERTON
MERCHANTPATROLSECUIDTY
SERVICES, INC.
By: Carr Bozeman
its: Mayor
Date:
By: Dan Larson
its: President
Date:
Approved as to form:
Attest:
Bremerton City Attorney
City Clerk
R:\LEGAL\Contracts\PUBLIC WORKS\Merchant Patrol Services - PSA.doc
Merchants Patrol Security System
Page 6 of7
EXHIBIT A
SCOPE OF SERVICES AND DUTIES
A. SCOPE OF SERVICES
Security personnel shall provide six (6) hours of security service at the Kitsap Conference Center
- Bremerton Harbor Side parking facility per day, seven (7) days a week. In addition,
Consultant will provide one vehicle patrol through the Kitsap Conference Center - Bremerton
Harbor Side parking facility during the weekdays and on the weekends between the hours of
2000 and 0400.
B. DUTIES.
~ Patrol on foot and inspect all levels of the parking garage, the elevator, stairwells, pay boxes,
and the outer perimeter. Report and log all incidents of theft or vandalism.
~ Maintain a daily activity log to be submitted to the City on a biweekly or monthly schedule.
~ Vary monitoring points and foot patrol routes heightening effectiveness of services.
~ Officers will change their times daily between the proposed hours.
~ Give verbal warnings of "No Trespassing" to persons loitering within the parking garage
who have no vehicle parked.
~ Hand out written warning citations of "No Trespassing" to persons loitering within the City
Parking garage who have no vehicle parked.
~ Maintain a catalog of names and photos of persons cited with "No Trespass" warnings.
~ Notify 911 upon viewing suspicious or criminal activity taking place when contacting a
repeat offender of the "No Trespassing" citation, or in the event of an emergency.
~ Inspect parking lots and the building perimeter notifying the City when circumstances are out
of the ordinary, i.e., burned out lights, missing or non-functioning fire extinguishers,
excessive trash is in the lot, damage to spaces, signs, doors, gates, etc.
~ Look for vehicles left unlocked and/or with valuables in plain site and leave a courtesy
message with tips to prevent car prowls and automobile theft.
~ Leave courtesy messages on vehicles with flat tires, dead batteries, relative suspicious
incidents, or damage from criminal activity (vandalism or car prowls) with pertinent
information to include; security services company contact information, date and time of the
incident, observed situation, and information concerning law enforcement or emergency
services as applicable.
~ All security personnel shall wear uniform apparel to maintain a professional appearance
when on duty and to enhance authority.
Merchants Patrol Security System
Page 7 of7
RATE COMPARISON
. Able Security hourly rate:
$25.00
. Blue Knight Security: Phone number is no longer in service.
. Safe Security hourly rate:
. Tactical Response hourly rate:
$19.00
$16.00
. Merchant Patrol Services hourly rate: $15.25
Local security patrol companies performing similar duties.
DATE SUBMITTED: April 11, 2005
BILL # 0 ~ - I ~ 1
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
5E
-----..--------------...-----------*':----------------------------------..--..----...--------...-----------------------...-----------------------...---...-----------------
SUBJECT:
Professional Services Agreement (PSA) with
ABSG Consulting, Inc. for Structural
Engineering Services
Committee Meeting Date: April 27, 2005
COUNCIL MEETING Date: May 4, 2005
Department: Public Works & Utilities
Presenter: Dan Miller, Pro'. Mgr. /
Phone: 473-2314
SUMMARY: Reservoirs 5 North & South, 8, 10 North & South, 21 and 22 were identified as "seismically at
risk reservoirs" in the preliminary evaluation following the Nisqually Earthquake of February 2001. This
contract with ABSG Consulting, Inc. will provide structural evaluation, recommendations, engineering design,
and construction support services to seismically upgrade these reservoirs within the City's water system. The
services shall be performed in two (2) phases in the amount not to exceed $25,735.00. A contract with ABSG
Consulting, Inc. in the amount not to exceed $25,735.00 has been prepared for approval by the City Council.
ATTACHMENTS: Professional Services Agreement with Exhibits A, B, & C.
FISCAL IMPACTS (Include Budgeted Amount): Budgeted in the Water 2005 in the amount of $350,000 for
100% cost funded by FEMA-Hazardous Mitigation Grant Program.
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
FISCALIBUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
~~
~~ /lyr
RECOMMENDED MOTION: Move to approve the attached agreement with ABSG Consulting, Inc. in the
amount not to exceed $25,735.00 and authorize the Mayor to execute the agreement in substantially the same
form as presented.
CONSENT AGENDA fi
~~
......
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue 0 No Action
PROFESSIONAL SERVICES AGREEMENT
ABSG CONSULTING, INC.
SEISMIC UPGRADES TO RESERVOIRS
5 North & South, 8, 10 North & South, 21 and 22
PROJECT NO. 4304, 4305, 4315, 4316, 4317 & 4318
The City of Bremerton ("City") and ABSG Consulting, Inc. ("Consultant"), referred to
collectively as the "Parties," enter into the following Agreement for professional services:
I. Scope: The Consultant agrees to perform the services more specifically described in the
Scope of Work, dated March 2, 2005, including any attachments thereto, attached hereto as
Exhibit A, which is incorporated by reference herein. The Scope of Work may be modified only
pursuant to Section VII.G. of this Agreement. If the Scope of Work provides for unspecified
additional services such services shall only be performed upon the express written request of the
City. Consultant further represents that the services furnished under this Agreement will be
performed in accordance with generally accepted professional practices in effect at the time such
services are performed.
II. Term: The City and the Consultant agree that work will begin on the tasks described in
Exhibit A immediately upon execution of this Agreement. The parties agree that the work
described in Exhibit A is to be completed by June 15,2006 in support of the State of Washington
Hazardous Mitigation Grant Agreement and construction; provided however, that additional time
shall be granted by the City for excusable delays or extra work as provided for in section IX (A)
of this agreement.
III. Compensation: In consideration of the services provided pursuant to this Agreement, the
City shall pay Consultant in an amount not to exceed Twenty Five Thousand Seven Hundred
Thirty Five Dollars ($25,735.00). Consultant's charges and bills shall conform to Exhibit B and
the fee schedule attached hereto as Exhibit C and incorporated herein by this reference.
The Consultant shall submit regular billing statements detailing work performed and
amount charged on each task or portion thereof. The descriptions shall conform to and fall
within the categories set out in the Scope of Work and Fee Schedule. Upon receipt of a
conforming billing statement, the City shall promptly process payment. PROVIDED,
HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay
work tasks under the time frame set forth in Section II herein. The Consultant's labor rates and
billing fees shall be as delineated in Exhibit C.
Consultant shall not perform work beyond the Scope of Work, nor shall be compensated
for such work, unless the Scope of Work or amount of compensation is modified pursuant to this
Agreement. Consultant shall only be compensated for additional services if requested pursuant
to Section I and, if not otherwise provided, such compensation shall be in accordance with
Exhibit C.
BremertonlABSG Consulting, Inc.
Seismic Upgrade - Reservoirs 5 N&S, 8, 10 N&S, 21 & 22
Page 1 of7
If a billing statement does not conform to this Agreement, the City may withhold
payment until the statement is brought into compliance. Such withholding does not relieve
Consultant of its obligations under this Agreement.
IV. Relationship of Parties:
Consultant represents that it is skilled in the matters addressed in the Scope of Work and is
performing independent functions and responsibilities within its field of expertise. Consultant
and its personnel are independent Consultants and not employees of the City. Consultant and its
personnel have no authority to bind the City or to control the City's employees and other
Consultants. None of the benefits provided by the City to its employees, including, but not
limited to, compensation, insurance, and unemployment insurance are available from the City to
the employees, agents, representatives, or sub-Consultants of the Consultant. Consultant will be
solely and entirely responsible for its acts and for the acts of Consultant's agents, employees,
representatives and sub-Consultants during the performance of this Agreement. The City may,
during the term of this Agreement, engage other independent Consultants to perform the same or
similar work.
As an independent Consultant, Consultant is responsible for its own management. The
City's administration and enforcement of this Agreement shall not be deemed an exercise of
managerial control over Consultant or its personnel.
As an independent Consultant, Consultant is responsible for payment of all taxes and
licensing fees necessary to perform its obligations under this Agreement. These taxes and fees
include but are not limited to State industrial insurance, Business & Occupation, State
professional licensing, and City business licensing. If any taxes or fees due the City have been
declared delinquent, the City may withhold the delinquent amount, plus any additional charges
arising from the delinquency, from any payments due Consultant.
V. Indemnification: Consultant 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 that portion of the injuries and damages caused by the
City's sole negligence.
The City's review or acceptance of any of the 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 Consultant
and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability
hereunder shall be only to the extent of the Consultant's negligence.
Bremerton/ABSG Consulting, Inc.
Seismic Upgrade - Reservoirs 5 N&S, 8, 10 N&S, 21 & 22
Page 2 of7
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S
WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY
FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER
ACKNOWLEDGE THAT THEY HAVE MUTVALL Y NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this Agreement.
VI. Insurance:
The Consultant shall procure and maintain for the duration of the Agreement, insurance against
claims for injuries to persons or damage to property which may arise from or in connection with
the performance of the work hereunder by the Consultant, its agents, representatives, employees,
sub-consultants or sub-Consultants.
Before beginning work on the project described in this Agreement, the Consultant shall
provide a Certificate of Insurance evidencing:
1. Automobile Liability insurance with limits no less than $1,000,000 combined single
limit per accident for bodily injury and property damage; and
2. Commercial General Liabilitv insurance written on an occurrence basis with limits no
less than $1,000,000 combined single limit per occurrence and general 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 (XCV) if applicable; and employer's
liability; and
3. Excess Liability insurance with limits not less than 1,000,000 limit per occurrence and
aggregate.
4. Professional Liabilitv insurance with limits no less than $1,000,000 limit per
occurrence/claim.
Any payment of deductible or self insured retention shall be the sole responsibility of the
Consultant.
All required policies shall be provided on an "occurrence" basis except professional
liability insurance (if required), which may be provided on a "claims-made" basis.
The City shall be named as an additional insured on the Commercial General Liability
insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an
endorsement that is acceptable to the City, which names the City as an additional insured shall be
attached to the Certificate of Insurance.
The Consultant's Commercial General Liability insurance shall contain a clause stating
that coverage shall apply separately to each insured against whom claim is made or suit is
brought, except with respects to the limits of the insurer's liability.
Bremerton/ ABSG Consulting, Inc.
Seismic Upgrade - Reservoirs 5 N&S, 8, 10 N&S, 21 & 22
Page 3 of 7
The Consultant's insurance shall be primary insurance as respects the City and the City
shall be given thirty (30) days prior written notice by certified mail, return receipt requested, of
any cancellation, suspension or material change in coverage.
If, in the City's sole determination, a dispute or claim arises, the City reserves the right to
demand and receive a certified copy of all the required insurance policies from the Consultant.
VII. General Conditions:
A. Reports and Information: When requested by the City, Consultant 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. Consultant shall maintain
accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to
substantiate all billed amounts.
B. Ownership and Use of Records and Documents: Original documents, drawings,
designs and reports, including those in electronic format, developed under this Agreement are the
property of the City. All written information submitted by the City to the Consultant in
connection with the services performed by the Consultant under this Agreement will be
safeguarded by the Consultant to at least the same extent as the Consultant safeguards like
information relating to its own business. If such information is publicly available or is already in
Consultant's possession or known to it, or is rightfully obtained by the Consultant from third
parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise.
All data, documents and files created by Consultant under this Agreement may be stored
at Consultant's office in Seattle, Washington. Consultant shall make such data, documents, and
files available to the City upon its request at all reasonable times for the purpose of editing,
modifying and updating as necessary until such time as the City is capable of storing such
information in the City's offices. Duplicate copies of this information shall be provided to the
City upon its request, and at reasonable cost.
All documents, including all reports, drawings, specifications, computer software or other
items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service
with respect to the project and are the property of the City. Any reuse by the City for other than
the specific purpose intended will be at City's solti risk.
C. Work Performed at Consultant's Risk: Consultant shall take all precautions necessary
and shall be responsible for the safety of its employees, agents, and sub-consultants in the
performance of the work hereunder and shall utilize all protection necessary for that purpose.
All work shall be done at Consultant's own risk, and Consultant 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. Place of Work: The Consultant shall perform the work authorized under this
Agreement at its offices in Seattle, Washington. Meetings with the City staff as described in
Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed
upon by the parties.
Bremertonl ABSG Consulting, Inc.
Seismic Upgrade - Reservoirs 5 N&S, 8, 10 N&S, 21 & 22
Page 4 of7
E. Entire A~Jeement:.. This Agreement and its Exhibits constitutes the entire agreement
between the Parties< and the Parties acknowledge that there are no other agreements, written or
oral, that have not been set forth in the text of this Agreement.
F. Severability: Should any part of this Agreement be found void, the balance of the
Agreement shall remain in full force and effect.
G. Modification: This Agreement may only be modified by written instrument signed by
both Parties.
H. Written Notices: All communications regarding this Agreement shall be sent to the
parties at the addresses listed below by registered or 1st class mail, or by personal service, and
shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement
or such other address as may be hereafter specified in writing.
City Address:
Public Works & Utilities
3027 Olympus Drive
Bremerton W A 98310-4799
Consultant's Address:
ABSG Consulting Inc.
600 Stewart Street, Suite 1220
Seattle W A 98101
1. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a
waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be
deemed waiver of any other right or power.
J. Non-Waiver of Breach: The failure of the City to insist upon strict performance of any
of the covenants and agreements contained herein, or to exercise any option herein conferred in
one or more instances shall not be construed to be a waiver or relinquishment of said covenants,
agreements or options, and the same shall be and remain in full force and effect.
K. Compliance with Laws: Consultant shall comply with all applicable Federal, State,
and local laws in performing its obligations under this Agreement.
L. 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.
M. Attornevs' Fees: In the event of litigation to enforce any of the terms or provisions
herein, each party shall pay all its own costs and attorney's fees.
N. Assi~nment: Any assignment of this agreement by the Contractor without the written
consent of the City shall be void.
VIII. Nondiscrimination:
Consultant shall not discriminate in employment or services to the public on the basis of race,
color, national origin, sex, religion, age, marital status, or disability, except for employment
actions based on bona fide occupational qualification.
Bremerton/ABSG Consulting, Inc.
Seismic Upgrade - Reservoirs 5 N&S, 8,10 N&S, 21 & 22
Page 5 of 7
IX. Termination:
This Agreement shall remain in force until completion and acceptance of the services, terminated
by written instrument upon mutual consent, or by the City of Bremerton for convenience. This
Agreement may be immediately terminated for cause by a Party if the other Party substantially
fails to perform through no fault of the terminating Party, and the non-performing Party does not
commence correction of the failure of performance within thirty (30) days of the terminating
Party's sending notice to the non-performing Party. Any Notice by Consultant shall include a
report showing the status of all items listed in the Scope of Work current through the termination
date.
If the City receives reimbursement by any federal, state, or other source for work described in
Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is
cancelled or substantially reduced after the execution date of this Agreement and prior to the
completion of the work, the City may summarily terminate this Agreement.
A. Excusable Delays: The right of Consultant to proceed shall not be terminated nor shall
Consultant be charged with liquidated damages for any delays in the completion of the work due
to: 1) any acts of the federal government in controlling, restricting, or requisitioning materials,
equipment, tools, or labor by reason of war, national defense, or other national emergency; 2)
any acts of the City, its consultants, or other public agencies causing such delay; and 3) causes
not reasonably foreseeable by the parties at the time of the execution of the Agreement that are
beyond the control and without the fault or negligence of the Consultant, including, but not
restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED,
HOWEVER, that the Consultant must promptly notify the City within ten (10) calendar days in
writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement,
the delay is properly excusable, the City shall, in writing, extend the time for completing the
work for a period of time commensurate with the period of excusable delay.
B. Rights Upon Termination: In the event of termination, the City shall pay for all
services performed by the Consultant to the effective date of termination, as described on a final
invoice submitted to the City. After termination, the City may take possession of all records and
data within the Consultant's possession pertaining to this project which may be used by the City
without restriction. Any such use not related to the project which Consultant was contracted to
perform shall be without liability or legal exposure to the Consultant.
By:
its:
f!..
G~
r~S
CITY OF BREMERTON
Date:
Date:
BremertonJ ABSG Consulting, Inc.
Seismic Upgrade - Reservoirs 5 N&S, 8, 10 N&S, 21 & 22
Page 6 of?
Approved as to form:
Bremerton City Attorney
R:\LEGAL\Contracts\FORMS\Professional Services Agreement Form (2003).doc
Bremertonl ABSG Consulting, Inc.
Seismic Upgrade - Reservoirs 5 N&S, 8, 10 N&S, 21 & 22
Page 7 of7
Attest:
City Clerk
EXHIBIT A
SCOPE OF WORK
SEISMIC ANALYSIS & STRUCTURAL DESIGN
March 2, 2005
GENERAL DESCRIPTION
The purpose of this Professional Services Agreement is for ABSG Consulting, Inc.
("Consultant") to provide structural analysis, recommendations, engineering cost
estimates, design and construction support to seismically upgrade Reservoirs 5 North &
South, 8, 10 North & South, 2land 22. The Consultant is to provide level of effort
consistent with the budget identified in Exhibit C as identified by the following phases:
PHASE I - SEISMIC ANALYSIS AND RECOMMENDATION
A. Consultant to provide field evaluation/analysis and hazard assessment of the
existing Reservoirs 5 North & South, 8, 10 North & South, 21 and 22;
B. Consultant to provide recommendation as to seismic upgrades for each structure
with alternate recommendations for consideration by the City; and
C. Consultant to provide written rough order of magnitude cost estimate
based on the Consultant's recommendation and/or City selected alternates.
PHASE II - DESIGN, TECHNICAL SPECIFICATIONS, COST ESTIMATES &
CONSTRUCTION SUPPORT & DOCUMENTATION
A. Consultant to proceed with technical specifications including structural design
drawings for public bidding process, based on the selected recommendations or
City's selected alternates if any, or
B. Consultant to proceed with technical specifications including structural design
drawings for public bidding process for the reservoirs based on the Consultant's
Phase I Analysis, Recommendation and Cost Estimate for each structure.
C. Consultant will provide the structural technical specifications in a CSI format and
full size set of reproducible drawings to include structural general notes and design
details for concrete, concrete reinforcement, structural steel design and welding
criteria, etc. The City will provide the Contract Documents and General
Requirements for the public bid process.
D. Consultant will assist the City during the public bid process in responding to
structural design questions, provide timely clarification to prospective bidders and
selected Contractors during construction, and provide final inspection and written
approval.
1 of 1
BremertonlABSG Consulting, Inc.
Seismic Upgrade - Reservoirs 5 N&S, 8, 10 N&S, 21 & 22
Project Numbers: 4304,4305, 4315,
4316,4317 &4318
EXHIBIT B
COMPENSA TION
CITY OF BREMER TON
SEISMIC UPGRADES
RESERVOIRS 5 North & South, 8, 10 North & South, 21 and 22
Compensation for Consultant's services under this Contract shall be paid as follows for
authorized services performed.
Personnel Costs shall be at the hourly billing rates of the personnel listed herein and may
be adjusted by the Consultant upon 30 days written notice to the City. For positions and
other work not covered by the "billing rates" included herein, direct labor with a
multiplier of 2.8 will be utilized to calculate total labor cost inclusive of overhead and
profit.
Monthly invoices shall be submitted to the City for work performed subsequent to work
covered by all previously submitted invoices and shall be computed pursuant to the rates
and limitations set forth in Exhibit C .
The approximate distribution of costs with respect to each Phase is presented in Exhibit C
The Consultant may adjust the distribution of compensation between individual tasks
noted within the Phase to be consistent with services actually rendered, but shall not
exceed the total estimated compensation amount unless approved in writing by the City.
1 of 1
Bremertonl ABSG Consulting, Inc.
Seismic Upgrade - Reservoirs 5 N&S, 8, 10 N&S, 21 & 22
Project Numbers 4304, 4305, 4315,
4316,4317 &4318
City of Bremerton
Seismic Upgrade Design
Reservoirs #5NS, #8, #10NS, #21 and #22
ABS Total
Labor Cost +
EXHIBIT C
FEE SCHEDULE
Sr. Proj.
Mgr.
. Ludwig
$125/hr.
Symonds
Director
$170/hr.
Structural
Engineer
Damianick
$95/hr.
CAD Admin
$70/hr. $55/hr.
Comments
Phase 1 Evaluation and Recommendations
Reservoir 5 N&S $
Reservoir 21 $
Reservoir 22 $
Total PH I -- Labor $
340
170
170
680
2
1
1
4
Phase 2 Construction Documents, Bidding and Construction Support
Specs are concrete steel, and paint, City to do front end/general requirements
$ 4.435 8 20 4 2 1 Construction Support
$ 5,685 6 32 2 6 1 CD + Elevated Walkway
$ 7,215 2 32 12 24 1 CD's, etc.
$ 7,215 2 32 12 24 1 CD's, etc.
$ 505 0 0 0 0 0
$ 25,055 18 116 30 56 4
Reservoirs 8 & 10 N&S
Reservoir 5 N&S
Reservoir 21
Reservoir 22
Direct costs at cost plus 10%
Total PH II--CD/CA--Labor
Total (PH I + PH II)
$ 25,735
EXHIBIT C - Fee Schedule
ABSG Consulting, Inc.
Fee Schedule
DATE SUBMITTED: April.~ t 2005
BILL#~IJO
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
fDA
........................................................................................
NO.4-'to7
SUBJECT: Ordinance adopting
amendments to the zoning code
Committee Meeting Date:
COUNCIL MEETING Date:
Department:
Presenter:
Phone:
April 27, 2005
May 4, 2005
Community
Development
C. Hugo
473-5275
SUMMARY: The proposed ordinance will adopt two new sections of the zoning code related to
implementation ofthe 2004 comprehensive plan. The proposed new chapters of Bremerton Municipal
Code include new zoning for the core portions of Neighborhood Centers and District Centers as
designated in the Comprehensive Plan.
ATTACHMENTS: Proposed chapters 20.66 and 20.70 BMC
FISCAL IMPACTS (Include Budgeted Amount): none
APPRO V ALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
FISCAL/BUDGET: Ai)~. .
/~ ~ CONSENT AGENDA 0
OPERATIONS: ~ .
COUNCIL PRESIDENT: p~ ~
.. fass
RECOMMENDED MOTION: I move to ~ordinance +er :37 creating new chapters 20.66,
and 20.70 ofBremerton Municipal Code.
COUNCIL ACTION: D Approve 0 Deny 0 Table
o Continue D No Action
ORDINANCE NO. -4 'f 37
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, adopting amendments to the City Zoning
Code by adding new chapters as follows: Chapter 20.66 entitled
"Neighborhood Center Core (NCC)" and Chapter 20.70 entitled
"District Center Core (DCC)" both of which shall become effective
upon the effective date of the ordinance adopting the Official
Zoning Map.
WHEREAS, the City Council adopted a new Comprehensive Plan for the City on
December 1,2004; and
WHEREAS, the City is in the process of updating its zoning regulations
consistent with the new Comprehensive Plan; and
WHEREAS, the City Council desires to continue the update process by adopting
zoning regulations, which will be followed by additional updates; and
WHEREAS, the proposed zoning regulations have been approved by the Planning
Commission; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 20.66 of the Bremerton Municipal Code entitled
"Neighborhood Center Core (NCC)" is hereby created to read as follows:
Chapter 20.66
NEIGHBORHOOD CENTER CORE (NCC)
20.66.010 INTENT
The intent ofthe Neighborhood Center Core (NCe) zone is to establish base threshold
standards for the central core of neighborhood centers that preserve future opportunity for full
realization of the centers concept. The NCC designation assumes that future amendments to the
zone code will more fully implement the centers intent.
20.66.020 PERMITTED USES
Permitted Uses include:
(a) Retail uses. Preferred retail activities are those that promote a shopping
experience for pedestrians and can accommodate design that is easily integrated into the zones
mixed use vision. Uses include, but are not limited to:
(1) general merchandise
(2) food
(3) apparel and accessories
1
Zoning Code-Chapters 20.66 and 20. 70
(4) eating and drinking establishments, except that drive thru lanes are not
permitted
(5) drug and proprietary
(6) shopping goods stores
(b) Finance, insurance and real estate. Preferred uses include finance, insurance and
real estate servicing needs of surrounding neighborhood and community residents. Such uses
will have a design that promotes the immediately surrounding mixed use high density corridor.
Such uses include, but are not limited to:
(1) finance depository institutions, non-depository institutions, holding
companies, other investment companies, brokers and dealers in securities and commodity
contracts and security and commodity exchanges;
(2) insurance, including carriers of all types of insurance and insurance agents
and brokers;
(3) real estate, including owners, leasers, lessees, buyers, sellers, agents and
developers of real estate.
(c) Services. Preferred service uses are establishments primarily engaged in a variety
of services for individuals, business and government establishments and other organizations and
have a design promoting the service needs of the mixed uses within the corridor. Uses include,
but are not limited to:
(1) personal services: laundry, photo studios, beauty shops, and shoe repair;
(2) business services: advertising agencies, commercial art and computer
programmmg;
(3)
(4)
(5)
(6) health services: office and clinics of doctors, dentists, health practitioners,
veterinarian clinics and medical laboratories;
(7) educational services: establishments involved in academic and technical
instruction and libraries;
(8) social services: senior center, community center, and childcare
(9) museums, art galleries and botanical and zoological gardens;
(10) membership organizations;
(11) engineering, accounting, research, management and related services.
(12) parks, playgrounds, outdoor recreation facilities
(d) Public Administration Uses. Preferred public administration uses are those
promoting the mixed use of the center by servicing the residents of the center and surrounding
neighborhood. Uses include, but are not limited to activities such as post office, satellite police
stations and fire stations.
( e) Community uses including libraries, youth and/or teen centers, senior centers, and
community centers.
(f) Transportation activities. Preferred uses are transportation activities which
promote a multi-modal environment or can be easily integrated into the mixed use vision for the
center. Uses include, but are not limited to:
(1) transit stops,
(2) transportation services,
(3) travel agencies,
repair services: radio and TV repair;
video tape rental stores;
amusement and recreation: physical fitness facilities and health clubs;
2
Zoning Code-Chapters 20.66 and 20.70
(g) Residential uses. Residential uses shall be placed only on upper floors of mixed
use structures in which ground floors are occupied with non-residential uses. There shall be no
limit to residential density except as provided by meeting standards and guidelines in sections
20.66.050 and 20.66.060 below.
20.66.030 SIMILAR USE DETERMINATION
(a) Any proposed land use that is NOT listed in sections 20.66.020 or 20.66.030 above
may be permitted if, in the opinion of the Director, it is a use similar to a listed use.
(b) In such cases, and applicant may request that the Director make a determination of
similar use. Such determination or denial of such, shall be made by the Director in writing.
(c) In making a detennmation of similar use, the Director shall consider scale, visual
impacts, traffic generation, relationship to surroundings, and any other factors which, in the opinion of
the director, influence and/or define the nature of the proposed use.
(d) If the Director finds that the proposed use is similar to a listed use, the use shall be
subject to all standards, requirements and permitting processes to which the listed use is subject.
20.66.040 PROHIBITED USES
Uses other than those identified or described in Sections 20.66.020 ofthis chapter are
prohibited except as may be allowed per section 20.66.030.
20.66.050 DIMENSIONAL STANDARDS
(a) Front yard setback. No minimum front yard setback. The maximum front yard
setback shall be ten feet.
(b) Side yard setback. No minimum side yard setback. The maximum side yard
setback shall be ten feet.
(c) Rear yard setback. No maximum rear yard setback. There shall be no minimum
rear yard setback, except that the rear setback from the RIO zone shall be 20 feet.
(d) Maximum building coverage: 60% base maximum, provided that through the use
of any combination of the following, building coverage may be increased up to 85% maximum.
(1) Projects containing mixed uses: twenty percent bonus.
(2) Projects with two or three story building: ten percent bonus.
(3) Projects providing a pedestrian oriented plaza or area of at least one
hundred fifty square feet along a pedestrian walkway at an intersection comer, bus stop or other
key pedestrian area approved by the city. Such areas shall contain seating for at least four people,
a trash receptacle and three or more of the following: a pedestrian shelter, a drinking fountain, a
bike rack, pedestrian scale lights, pavers on the walkway surfaces, a kiosk, a street vendor station
providing food or beverages, trees, an appropriately sized statue or sculpture, or a public
restroom. Interior courtyards with these amenities qualify if they would be readily apparent and
accessible to pedestrians on adjoining sidewalks: ten percent bonus.
(4) Projects providing a through-block corridor that facilitates pedestrian
access in a location approved by the city: five percent bonus.
(5) . Projects providing at least fifty percent of their required parking
underground or within the building: twenty percent bonus.
( e) Maximum development coverage: Maximum coverage by impervious surfaces
75%, provided that through the use of any combination of the mechanisms listed in subsection
20.66.050( d)(1-5) above, up to 95% maximum development coverage may be allowed.
3
Zoning Code-Chapters 20.66 and 20. 70
(f) Building height: 35 feet
20.66.060 ARCHITECTURAL AND SITE DESIGN GUIDELINES
(a) Building Design. The following guidelines apply,to mixed-use, and commercial
structures only;
(1) To enhance the pedestrian environment, commercial uses shall include
large windows, along any ground floor fayade facing the public sidewalk or sidewalks providing
circulation within a site. Windows shall allow views into interior building spaces. At least 75%
of all such facades, measured to ten feet above the sidewalk or surface grade, shall be comprised
of such windows.
(2) At least one of the following amenities shall be required along any ground
floor facade facing the public sidewalk; outdoor eating areas, street furniture such as benches,
bike racks and trash receptacles, plantings in window boxes, public art, or public display cases,
kiosks, or boards.
(3) Building entrances shall be easily identifiable from the street and
sidewalks. This may be accomplished by
(i) ornamentation and/or architectural detailing around the door, and
(ii) one or more of the following techniques:
a. recessing the entrance area at least 3 ft.
b. an entrance area that protrudes at least 3 feet.
c. a canopy, portico or overhang extending at least 5 feet over
the sidewalk in the entrance area
(4) Bulk. Building modulation shall be used to reduce the appearance of mass
and bulk of the structure. This can be achieved by utilizing any combination of at least two the
following;
(i) Building setbacks on upper floors, however, such setbacks shall
not be applied to more than 50% of a facade facing a major arterial.
(ii) recessed or protruding doorways per section 3b above
(iii) overhangs awnings, canopies, or arcades between 8 and 12 feet
above the sidewalk
(iv) window fenestration per section 20.66.060(A)(I) above
(5) Building size. Structures shall not exceed 20,000 square feet in ground
floor area.
(6) Blank facades. Building facades shall not present a blank fayade to view
from public rights-of-way, common parking areas, or residential properties. Such facades may be
broken by windows, trellises, columns, variations in plane, or other devices that add variation
and interest to the facade.
(7) Structures at the intersection of two arterial streets shall include a
significant architectural feature at the building comer that provides visual emphasis at the comer.
This may be accomplished in one or more of the following ways;
(i) The inclusion of a major entryway at the comer. Such entryways
must be marked by an awning, recessed area, colonnade, or other architectural feature that
defines the entry.
(ii) The inclusion of a building element the height of which varies
from the remainder of the building by at least 10%.
4
Zoning Code-Chapters 20.66 and 20. 70
(iii) .A plaza at the comer that includes a fountain, artwork, or planting
of at least 10 feet in height. .. ....
(b) Site Design. In addition to other guidelines provided in this Chapter, site design
shall meet the following requirements.
(1) Retail structures shall not be set back more than 10 feet from the public
right-of-way. In addition, retail structures shall be either mixed use structures with residential or
office uses above or be constructed so as to allow future addition of at least one additional story
containing residential or office uses.
(2) Street Trees shall be provided within the front yard setback or in the
sidewalk along any facade facing a major arterial. Trees placed in the sidewalk shall be provided
with street grates at the sidewalk level providing a continuous walking surface to within 6 inches
of the tree base. Trees shall be spaced per section 21.02.71(c)(3) BMC and be; of a species
appropriate for location near or in sidewalks; of a species allowing pruning of lower branches in
a manner necessary to keep the sidewalk clear of obstruction to a height of at least 6 feet; and
capable of attaining at least twenty feet in height at maturity. Trees shall not be less than 2 inch
caliper at time of planting.
(3) Circulation. Clearly defined pedestrian and vehicle circulation routes shall
be provided such that all portions of the site are linked.
(4) Storage. Outside storage of any kind is prohibited with the exception of
garbage cans and/or dumpsters. Garbage cans and dumpsters and shall be placed in an enclosure
as per BMC. No garbage enclosure shall be permitted between a street and the front of a
building;
20.66.070 PARKING
Parking in the NCC zone shall meet the following requirements:
(a) For non-residential uses, the minimum parking requirement is one space per
employee, plus one handicapped accessible space.
(b) On site parking for non-residential uses shall not exceed one space per 300 square
feet of floor area.
(c) On-site parking shall be to the rear of buildings facing the arterial street
(d) Access to parking shall be provided from the adjacent public facilities per the
following priority;
(1) First, from an alley if available,
(2) If an alley is not available, from a non-arterial street, if available
(3) If neither an alley nor a non-arterial street are available, from an arterial.
Project applicants shall be required to demonstrate to the satisfaction of the City that
access design has been considered with the following priorities. The applicant and shall
demonstrate that the proposed access is provided from the highest priority facility per the above
list.
( e) Driveways providing access to parking shall be well marked.
(f) Reduction in number of required parking spaces. The Director may reduce the
number of required parking spaces on a site by up to ten when a remodel, expansion, alteration,
or change in the use or tenancy of an existing building occurs, provided:
(1) For sites with multiple uses or structures, the reduction shall be applied to
the entire site and not to individual uses.
5
Zoning Code-Chapters 20.66 and 20. 70
(2) When a use is non-conforming to the required number of off-street
parking spaces, it shall not be allowed to reduce the number of existing spaces.
20.66.080 LANDSCAPING
The landscaping requirements of Chapter 20.50 BMC shall be satisfied.
SECTION 2. Chapter 20.70 of the Bremerton Municipal Code entitled "District
Center Core (DCC)" is hereby created to read as follows:
Chapter 20.70
DISTRICT CENTER CORE (DCC)
20.70.010 INTENT.
The intent of the District Center Core (DCC) zone is to establish base threshold standards
for district centers that preserve future opportunity for full realization of the centers concept. The
DCC designation assumes that future amendments to the zone code will more fully implement
the centers intent.
20.70.020 PERMITTED USES.
Permitted Uses include:
(a) Retail uses. Preferred retail activities are those that promote a shopping
experience for pedestrians and can accommodate design that is easily integrated into the zones
mixed use vision. Retail uses include, but are not limited to:
(1) general merchandise
(2) food
(3) apparel and accessories
(4) eating and drinking establishments, except that drive thru lanes are not
permitted
(5) drug and proprietary
(6) shopping goods stores
(b) Finance, insurance and real estate. Preferred uses include finance, insurance and
real estate servicing needs of surrounding neighborhood and community residents. Such uses
will have a design that promotes the immediately surrounding mixed use high density corridor.
Such uses include, but are not limited to:
(1) finance depository institutions, non-depository institutions, holding
companies, other investment companies, brokers and dealers in securities and commodity
contracts and security and commodity exchanges;
(2) insurance, including carriers of all types of insurance and insurance agents
and brokers;
(3) real estate, including owners, leasers, lessees, buyers, sellers, agents and
developers of real estate.
(c) Services. Preferred service uses are establishments primarily engaged in a variety
of services for individuals, business and government establishments and other organizations and
have a design promoting the service needs of the mixed uses within the corridor. Preferred
service uses include, but are not limited to:
(1) hotels and lodging places;
6
Zoning Code-Chapters 20.66 and 20.70
(2)
funeral service;
(3)
progranumng;
(4)
(5)
(6)
(7) health services: office and clinics of doctors, dentists, health practitioners,
veterinarian clinics and medical laboratories;
(8) educational services: establishments involved in academic and technical
instruction and libraries;
(9) social services: senior center, community center, and childcare
(10) residential care;
(i) residential care, including;
a. Adult Family Home
b. Group Residential Facility I
c. Senior Housing Complex
d. Nursing / Convalescent Homes
e. Day Care Facilities
(11) museums, art galleries and botanical and zoological gardens;
(12) membership organizations;
(13) engineering, accounting, research, management and related services.
(14) parks, playgrounds, outdoor recreation facilities
(d) Public Administration Uses. Preferred public administration uses are those
promoting the mixed use of the corridor by servicing the residents of the neighborhoods and
within the corridor. Uses include activities such as a post office, satellite police stations and fire
stations.
( e) Community uses, including but not limited to; libraries, youth and/or teen centers,
senior centers, and community centers.
(f) Transportation activities. Preferred uses are transportation activities which
promote a multi-modal environment or can be easily integrated into the mixed use vision for the
corridor. Such uses include, but are not limited to:
(1) transit stops,
(2) taxi cab services,
(3) transportation services,
(4) travel agencies,
(g) Residential uses. Residential uses shall be placed only on upper floors of mixed
use structures in which ground floors are occupied with non-residential uses. There is no limit for
residential density, except as indicated through compliance with guidelines in sections 20.70.050
and 20.70.060.
personal services: laundry, photo studios, beauty shops, shoe repair and
business services: advertising agencies, commercial art and computer
repair services: radio and TV repair;
motion pictures: theaters and video tape rental stores;
amusement and recreation: physical fitness facilities and health clubs;
20.70.030 SIMILAR USE DETERMINATION.
(a) Any proposed land use that is NOT listed in sections 20.70.020 or 20.70.030 above
may be permitted if, in the opinion of the Director, it is a use similar to a listed use.
(b) In such cases, and applicant may request that the Director make a determination of
similar use. Such determination or denial of such, shall be made by the Director in writing.
7
Zoning Code-Chapters 20.66 and 20. 70
(c) In making a determination of similar use, the Director shall consider scale, visual
impacts, traffic generation, relationship to surroundings, and any other factors which, in the opinion of
the director, influence and/or define the nature of the proposed use.
(d) If the Director finds that the proposed use is similar to a listed use, the use shall be
subject to all standards, requirements and permitting processes to which the listed use is subject.
20.70.040 PROHIBITED USES.
Uses other than those identified or described in Sections 20.70.020 and 20.70.030 of this
chapter are prohibited except as may be allowed per section 20.70.040.
20.70.050 DIMENSIONAL STANDARDS.
Building size will be based on sections (a)-(g) below.
(a) Lots may contain more than one use and will be a shape, size and design
appropriate to the zone and intended uses as determined by the city.
(b) Front yard setback. No minimum front yard setback. The maximum front yard
setback from a public street shall be ten feet.
(c) Side yard setback. None from non-residential zones, 10 ft from residential zones
(d) Rear yard setback. None from non-residential zones, 10 ft from residential zones
( e) Maximum building coverage: 60% base maximum, provided that through the use
of any combination of the following, building coverage may be increased up to 85% maximum.
(1) Projects containing mixed uses: ten percent bonus.
(2) Projects with three or four story building: ten percent bonus.
(3) Projects providing a pedestrian oriented plaza or area of at least one
hundred fifty square feet along a pedestrian walkway at an intersection comer, bus stop or other
key pedestrian area approved by the city. Such areas shall contain seating for at least four people,
a trash receptacle and three or more ofthe following: a pedestrian shelter, a drinking fountain, a-
bike rack, pedestrian scale lights, pavers on the walkway surfaces, a kiosk, a street vendor station
providing food or beverages, trees, an appropriately sized statue or sculpture, or a public
restroom. Interior courtyards with these amenities qualify if they would be readily apparent and
accessible to pedestrians on adjoining sidewalks: twenty percent bonus.
(4) Projects providing a through-block corridor that facilitates pedestrian
access in a location approved by the city: five percent bonus.
(5) Projects providing at least fifty percent oftheir required parking
underground or within the building: twenty percent bonus.
(f) Maximum development coverage: Maximum coverage by impervious surfaces 75
%, provided that through the use of any combination of the mechanisms listed in subsection
20.70.060(E)(1-5) above, up to 95% maximum development coverage may be allowed.
(g) Building height: 50 feet
20.70.060 ARCHITECTURAL AND SITE DESIGN GUIDELINES.
(a) Building Design
(1) To enhance the pedestrian environment, commercial uses shall include
large windows, along any fayade facing the public sidewalk or sidewalks providing circulation
within a site. Windows shall allow views into interior building spaces. At least 75% of all such
facades, measured to ten feet above the sidewalk or surface grade, be comprised of such
windows.
8
Zoning Code-Chapters 20.66 and 20. 70
(2) At least one of the following amenities shall be required along building
facades facing the public sidewalk; outdoor eating areas, street furniture such as benches, bike
racks and trash receptacles, plantings in window boxes.
(3) Building entrances shall be easily identifiable from the street and
sidewalks. This may be accomplished by:
(i) ornamentation and/or architectural detailing around the door, and
(ii) one or more of the following techniques:
a. recessing the entrance area at least 3 ft.
b. an entrance area that protrudes at least 3 feet.
c. a canopy, portico or overhang extending at least 5 feet over
the sidewalk in the entrance area
(4) Bulk. Building modulation shall be used to reduce the appearance of mass
and bulk of the structure. This can be achieved by utilizing any combination of at least two the
following:
(i) Building setbacks on upper floors, however, such setbacks shall
not be applied to more than 50% of a facade facing a major arterial.
(ii) recessed or protruding doorways per section (3)(iii) above
(iii) overhangs awnings, canopies, or arcades between 8 and 12 feet
above the sidewalk
(iv) window fenestration per section 20.70.060(a)(1) above
(5) Blank facades. Build~ng facades shall not present a blank fayade to view
from public rights-of-way, common parking areas, or residential properties. Such facades may be
broken by windows, trellises, columns, variations in plane, or other devices that add variation
and interest to the facade.
(6) Structures at the intersection of two arterial streets shall include a
significant architectural feature at the building comer that provides visual emphasis at the comer.
This may be accomplished in one or more of the following ways:
(i) The inclusion of a major entryway at the comer. Such entryways
must be marked by an awning, recessed area, colonnade, or other architectural feature that
defines the entry.
(ii) The inclusion of a building element the height of which varies
from the remainder of the building by at least 10%.
(iii) A plaza at the comer that includes a fountain, artwork, or planting
of at least 10 feet in height.
(b) Site Design. In addition to other standards provided in this Chapter, site design
shall meet the following requirements.
(1) No less than 30% of the frontage of a site along arterial streets, as
measured in lineal feet, shall be occupied by commercial structures set back 10 feet or less from
a public right-of-way. In addition, such commercial structures shall be either mixed use
structures with residential or office uses above or be constructed so as to allow future addition of
at least two additional stories containing residential or office uses.
(2) Street Trees shall be provided within the front yard setback or in the
sidewalk along any facade facing a major arterial. Trees placed in the sidewalk shall be provided
with street grates at the sidewalk level providing a continuous walking surface to within 6 inches
of the tree base. Trees shall be spaced per section 20.50 BMC and be; of a species appropriate for
location near or in sidewalks; of a species allowing pruning of lower branches in a manner
9
Zoning Code-Chapters 20.66 and 20. 70
necessary to keep the sidewalk clear of obstruction to a height of at least 6 feet; and capable of
attaining at least twenty feet in height at maturity. Trees shall not be less than 2 inch caliper at
time of planting.
(3) Circulation. Clearly defined pedestrian and vehicle circulation routes shall
be provided such that all portions of the site are linked.
(4) Storage. Outside storage of any kind is prohibited with the exception of
garbage cans and/or dumpsters. Garbage cans and dumpsters and shall be placed in an enclosure
as per BMC . No garbage enclosure shall be permitted between a street and the front of a
building.
20.70.070
PARKING. Parking in the DCC zone shall meet the following
requirements:
(a) For non-residential uses, the minimum parking requirement is one space per
employee, plus one handicapped accessible space.
(b) On site parking for non-residential uses shall not exceed one space per 300 square
feet of floor area.
(c) On-site parking shall be to the rear of buildings facing the arterial street
(d) Access to parking shall be provided from the adjacent public facilities per the
following priority;
(1)
(2)
(3) If neither an alley nor a non-arterial street are available, from an arterial.
(e) Project applicants shall be required to demonstrate to the satisfaction of the City
that access design has been considered with the following priorities. The applicant shall
demonstrate that the proposed access is provided from the highest priority facility per the above
list.
(f) Driveways providing access to parking shall be well marked.
(g) Reduction in number of required parking spaces. The Director may reduce the
number of required parking spaces on a site by up to ten when a remodel, expansion, alteration,
or change in the use or tenancy of an existing building occurs, provided:
(1) For sites with multiple uses or structures, the reduction shall be applied to
the entire site and not to individual uses.
(2) When a use is non-conforming to the required number of off-street
parking spaces, it shall not be allowed to reduce the number of existing spaces.
First, from an alley if available,
If an alley is not available, from a non-arterial street, if available
20.70.080 LANDSCAPING.
The landscaping requirements of Chapter 20.50 BMC shall be satisfied.
SECTION 3. Effective Date ofZoninf! Provisions. The provisions contained in
Sections 1 and 2 of this ordinance shall become effective upon the effective date of the ordinance
adopting the Official Zoning Map implementing the zoning classifications contained in said
Sections.
SECTION 4. Severability. If anyone or more sections, subsections, or
sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not
10
Zoning Code-Chapters 20.66 and 20. 70
affect the validity of the remaining portion of this ordinance and the same shall remain in full
force and effect.
SECTION 5. Effective Date. This ordinance shall take effect and be in force ten
(10) days from and after its passage, approval and publication as provided by law.
PASSED by the City Council the
day of
, 2005
DAREN NYGREN, Council President
Approved this
day of
,2005
CARY BOZEMAN, Mayor
ATTEST:
APPROVED AS TO FORM:
PAULA JOHNSTON, City Clerk
ROGER A. LUBOVICH, City Attorney
PUBLISHED the
EFFECTNE the
ORDINANCE NO.
day of
day of
,2005
,2005
. R:\LEGAL\Ordinances\Community Development\2005 Zoning Code Amendment\Chapter 20.66 and 20.70 Ordinance.doc
11
Zoning Code-Chapters 20.66 and 20. 70
Bremerton City Council, April 27, 2005
Staff Report/Briefing
Second Initial Zoning Package
Following a public hearing on February 15, 2005, the Bremerton Planning Commission
recommends for Council consideration the following new chapters of the city zoning
code. The recommended zone chapters represent initial implementation of the 2004
Comprehensive Plan as regards both the core portions of neighborhood centers and
district centers.
The following sections of this staff report summarize the draft zone code amendments.
Neighborhood Center Core Zone (NCC) (20.66 BMC)
The Neighborhood Center Core Zone is intended to be a temporary zone
employed to limit the possibility of development forms that would preclude or otherwise
damage the potential for full centers development at a later date. It would be employed
within a designated core area of each neighborhood center. Final adoption ofthe chapter
would be accompanied by a zoning map amendment that indicates the boundaries of the
core area of each center. This zone will serve to operate until more detailed sub-area
planning in each center makes it possible to adopt specific zoning for that center
implementing more specific standards, and guidelines as desired by local residents.
It should be noted that The NCC zone forms part of a strategy for initial
neighborhood center zoning that includes designating the remainder of each center RIO
(Low density Residential). The RIO zone, previously considered by the Planning
Commission, included special density provisions that would be applicable within portions
of neighborhood centers initially zoned RIO.
The following sections of this staff report summarize several sections of the NCC
chapter.
Section 20.66.020 Permitted uses
The permitted uses list is a simple list providing for retail, residential, service,
public, financial uses along with supporting transportation and public administration uses.
The section establishes that such uses shall be designed and scaled to be consistent with
the mixed-use pedestrian orientation of the neighborhood center. These expressions of
intent are located at the beginning of each section of similar permitted uses, but supported
primarily by the subsequent chapter sections on dimensional standards and architectural
and site design guidelines. Of particular note is the treatment of residential uses.
Residential uses are allowed only on upper floors of mixed use structures.
Section 20.66.050 Dimensional Standards
The dimensional standards section sets forth setbacks, building coverage
standards, and standards for building height. Building coverage and site coverage may be
increased if specified incentive options are employed. (20.66.050(d)). These incentives
are set-forth so as to encourage mixed-use structures, multi-story buildings, projects with
pedestrian amenities, and parking underground or within structures.
Section 20.66.060 Architectural and Site Design Guidelines.
Simple architectural guidelines apply to mixed-use, commercial, and multi-family
structures. These are intended to be simple initial guidelines that serve to encourage
development that does not damage the potential for more fully realized centers-style
development in the future. It is assumed that more specific guidelines could be developed
after "neighborhood planning" efforts conducted at a future date. Many standards can be
satisfied by employing one or more listed options. (20.66.060).
A section on site design requires that new structures be built at or near the street edge. It
should be noted that they are not required to be mixed-use structures at this time.
Incentives provided in the previous section encourage mixed-use through incentives.
Section 20.66.070 Parking
There is no minimum parking requirement applied in the NCC zone. The section
does establish a maximum parking standard at I space per 300 square feet of floor area of
non-residential use. This ratio is the existing ration for many common retail uses today.
This provision simply caps parking for uses that have been required to employ more
intense ratio's than this approximate average ration (from current code).
In addition this section requires that parking shall be to the rear of buildings
facing an arterial. This is supports the trend toward a pedestrian design ethic encouraged
by this chapter.
Initial District Center zone (DCC) (20.70)
The District Center Core Zone is intended to be a temporary zone employed to
limit the possibility of development forms that would preclude or otherwise damage the
potential for full centers development at a later date. It would be employed within a
designated core area of each district center. Final adoption of the chapter would be
accompanied by a zoning map amendment that indicates the boundaries of the core area
of each center. This zone will serve to operate until more detailed sub-area planning in
each center makes it possible to adopt specific zoning for that center implementing more
specific standards, and guidelines as desired by local residents.
It should be noted that The DCC zone forms part of a strategy for initial
neighborhood center zoning that includes designating the remainder of each center RIO
(Low density Residential). The RIO zone, previously considered by the Planning
Commission, included special density provisions that would be applicable within portions
of neighborhood centers initially zoned RIO.
--I
The DCC zone is similar to the NCC zone discussed in the previous section of this staff
report. For this reason, the following sections of this staff report summarize only
instances in which the two chapters differ.
Section 20.70.020 Permitted Uses
The permitted uses list is a simple list providing for retail, residential, service,
public, financial uses along with supporting transportation and public administration uses.
The list includes more intense uses that those found in the Neighborhood Center Core
zone. Of note are the addition of hotels and lodging places, motion picture theaters, and
several types of residential care facilities.
Section 20.70.060 Dimensional Standards
Similarly to the equivalent section in the NCe zone, this section of the Dee zone sets
forth setbacks and incentive based standards for building coverage and lot coverage.
Height is increased to 50 feet - as compared to the NCC zone limit of 35 feet.
Section 20.70.060 Architectural and Site Design guidelines.
This section is also very similar to the equivalent section in the NCC zone. However,
there is a feature in subsection B (site Design) not found in the neighborhood center core
zone.
At this time mixed-use structures at the core of the center are not required. However, at
least 30% of commercial structures on the site must be built within 10 feet of a public
right-of-way. In addition these street fronting commercial buildings must be capable
structurally of having at least two additional floors of residential use added in the future
(see 20.70.060(b) (1). This provision is intended to prevent construction of significant
new commercial structures away from the street edge and their related parking areas at
the street edge. Such re-development would significantly harm the potential for
development under a true "centers" design approach for many years to come.
Section 20.70.070 Parking
Parking requirements are the same as in the NCC chapter described above.
Staff report prepared by
Paul Rogerson, Planning Manager
4/19/05
attachments;
Draft chapter 20.66 and 20.70 BMC
Draft chapter 20.70 BMC
Draft revised "table of contents" Title 20 BMC
Minutes for
Planning Commission Regular Meeting
February 15,2005
I. Call to Order
The meeting was called to order by Commissioner Streissguth at 5:31 p.m.
II. Roll Call
Those present were: Commissioner Kennedy, Commissioner Kosusko, Commissioner
Cockburn, Commissioner Nelson, Commissioner Friedberg-Nerf, Commissioner Hoell, and
Commissioner Streissguth. Quorum certified.
III. Approval of Agenda
Commissioner Streissguth introduced the agenda. A motion was made by Commissioner
Friedberg-Nerf and seconded by Commissioner Nelson to approve the agenda as presented.
Called for a vote: Cockburn: Yes; Hoell: Yes; Kennedy: Yes; Kosusko: Yes; Nelson: Yes;
Streissguth: Yes; Friedberg-Nerf: Yes. The motion carried.
IV. Approval of Minutes
The minutes of the Regular Meeting held on January 18, 2005 were presented for approval by
Commissioner Streissguth. A motion was made by Commissioner Kosusko and seconded by
Commissioner Kennedy to approve the Regular Meeting Minutes of January 18, 2005, as
presented. Called for a vote: Cockburn: Yes; Hoell: Yes; Kennedy: Yes; Kosusko: Yes;
Nelson: Yes; Streissguth: Yes; and Friedberg-Nerf; Yes. The motion carried.
V. PUBLIC MEETING
A. Call To The Public (public comments on any item not on tonight's agenda).
Commissioner Streissguth asked if there were any comments from citizens. Seeing
none, she closed this portion ofthe meeting.
B. Public Hearin2: Paul Rogerson, Planning Manager, gave an overview of the staff
report which had been distributed to the Commissioners prior to the meeting. He
highlighted items in the Initial Neighborhood Center Core (!NCC) chapter such as
Permitted Uses, Dimensional Standards, and Architectural and Site Design Guidelines.
For Parking, staff suggested substituting a new parking section that is identical to the
parking section for the IDC.
Planning Commission Meeting
February 15, 2005
Page 1 of6
Paul then covered the Initial District Center (IDC) zone chapter which in many regards is
the same as the INCC chapter with the following exceptions: In the Permitted Uses
section there is the addition of hotels and lodging places, motion picture theaters, and
several types of residential care facilities; in Dimensional Standards, the height limit is
increased to 50 feet; in Architectural and Site Design Guidelines, there is a subsection
outlining requirements of commercial structures in the zone; in Parking, staff suggested
having both the INCC and the IDC read: "For non-residential uses, the minimum
required parking is one space per employee plus one handicapped accessible space. On-
site parking for non-residential uses shall not exceed one parking space per 300 square
feet of floor area. Parking for residential uses shall not exceed two spaces per residential
unit. On-site parking shall be to the rear of buildings facing the arterial street. Access to
parking may be from adjacent non-arterial streets, or from driveways off of the arterial.
Driveways providing access to parking area shall be well marked. On-street parking shall
be allowed to help satisfy parking needs provided paved street widths provide adequate
room pursuant to city standards for on-street parking:" Paul then read directly from a
handout for additional language to be included to both chapters. The intent is to not set
up a situation where the parking requirement prevents adaptive reuse of an existing
building in either center. Chris Hugo further explained that the change in parking
requirements for the core zones was intended to stimulate growth for small businesses
that may not meet the current parking requirements but would be an asset to the
neighborhood.
Commissioner Streissguth asked for comments from the public. Seeing none, she
closed this portion of the meeting and moved on to Commission statements.
Chris reminded the Commissioners that the Centers Core zones can accommodate
buildings up to 20,000 square feet; without having appropriate parking requirements in
place, a larger business could potentially not have suitable parking.
Commissioner Kosusko asked for clarification on what the maximum or minimum of
setback is. Paul responded that it is in the definitions section; generally, it is measured to
the portion of the building nearest to the street or sidewalk. There was brief discussion
regarding minimum setback requirements for commercial structures in District Centers.
With setbacks clarified, the dialogue moved to how structures with limited lot space be
accessed. Paul suggested reversing the terms so that there is no maximum rear yard
setback, and the minimum will be 20 feet.
There was discussion regarding the minimum of 30% of commercial structures fronting
the street in the Initial District Center Core must be within ten feet of the street. Paul
explained that it would be 30% of new construction and not 30% of all structures, noting
that this is a very modest number. The intent was for lineal feet and it was acknowledged
that additional work on the language was needed.
The dialogue moved to Permitted Uses, especially the topic of similar uses. Paul
explained that the, Director can approve a use not listed if it is determined that it is similar
to uses listed. Alluding to the recent event involving a funerary facility in Kitsap
County's jurisdiction, it was decided that funeral services would be removed from the list
Planning Commission Meeting
February 15,2005
Page 20f6
of permitted uses In the Initial Neighborhood Center Core zone, g20.66.020(3)(a),
Personal Services. .
Commissioner Friedberg-Nerf asked about the omission of hotels, motels, and other
lodging from the list of permitted uses in the Oyster Bay Neighborhood, her concern
being that there are currently several hotel/motels in that area and the possibility of
putting them in a non-conforming status. Paul assured Commissioner Friedberg-Nerf
that a property in a legal, non-conforming status does not affect the value or insurability
of that property; improvements can be made to existing property, but the size of the
building's footprint cannot be enlarged. Leaving this item off the list of permitted uses
will only prevent additional lodging structures from being built.
Chris noted that there is no reference to density in the Initial Neighborhood Center Core
zones and proposed adding the sentence, "... Any residential density shall be allowed to
the limits of the dimensional standards in g20.66.050 and the site guidelines in
~20.66.060."
Commissioner Streissguth wondered if this was an appropriate time to include
incentives to prompt low-impact development guidelines. She thought the best location
would be within the Building Code. This is an item Commissioner Streissguth feels the
Commission should be aware of as other bodies of work are moved forward. She
believes the City of Bremerton may be participating in a pilot project with Kitsap County
to come up with recommendations for what will work in terms of incentives to generate
interest in low-impact development. Chris suggested including this item in the middle
section of the Zoning & Land Use chapter which covers land use development
regulations.
There was discussion regarding whether a multi-family residential structure could be
allowed [in the Center Cores] because of the requirement that residential uses only be on
the upper floors of mixed use buildings. It was decided to remove multi-family
residential structures from the list.
Paul moved on to amendments recommended by staff. In ~20.66.060(A)(7)(b),
Architectural Guidelines, regarding variations in building heights. It was proposed that
the sentence read, "The inclusion of a building element, the height of which varies from
the remainder ofthe building by at least ten per cent."
Commissioner Kosusko asked for clarification of the statement, ".. . Building fa~ades
shall not present a blank fa9ade to view", wanting to know if that means the side, back,
street side, etc. Paul replied that the intent was to address the fa~ades other that those that
face the street. He suggested language be added such as, to view from a public right of
way, common parking area, or adjacent residential property, or by employing other
architectural devices. Commissioner Nelson suggested defining what those architectural
devices would be.
Commissioner Kosusko recommended replacing the word "Standards" with
"Guidelines" in g22.66.060.
Planning Commission Meeting
February 15,2005
Page 30f6
Paul continued with the suggested amendments with S20.66.060(A)(6). Staff proposed
rewriting tQ read, "One tree for every twenty-five linear feet (25') of street frontage shall
be planted . along a street, and shall be spaced a maximum of thirty-five feet (35') on
center. However, trees may be spaced irregularly in natural groupings rather than
uniformly spaced except as noted elsewhere in this chapter." It was agreed upon by the
Commissioners use staff s recommendation and defer to the neighborhood process.
[Chris Hugo left the meeting at this time.]
Staff then proposed that in ~20.66.060(B)(1), the term "residential uses" be replaced with
"residential or office uses". There was much discussion regarding this item.
Paul revisited the section dealing with Parking. He read directly from his list of
proposed amendments, explaining points where clarification was needed [copy is located
in the meeting file]. There was discussion of how parking could be accessed from an
alley, given the nature of alleys in Bremerton. The narrowness of an alley could be
mitigated though the use of one-way traffic. Commissioner Friedberg-Nerf asked if
alleys are public right-of-ways; Paul said they are.
Paul noted that comments he had received for the Initial District Center Core were
identical to the comments for the Initial Neighborhood Center Core and suggested the
proposed amendments for the- IDCC be applied to the INeC as well. Commissioner
Kosusko suggested adding language to limit building footprint size in the IDCe. Paul
replied that the Jack of a. maximum building siz~ requirement in this section was
intentional, noting that the intent to control building size was lot coverage. It was agreed
upon by the Commissioners to add language clarifying building size to ~20.70.050(A),
Dimensional Standards.
Commissioner Streissguth asked for staff to read back the list of proposed amendments.
They are:
Neighborhood Center-
1. Amend g20.66.050(3) to read, "No maximum rear yard setback. The minimum
setback shall be twenty feet."
2. Remove the phrase "funeral services" from g20.66.020(3)(a).
3. Rewrite g20.66.060(A)(7)(b) to read: "The inclusion of a building element, the height
of which varies from the remainder ofthe building by at least ten per cent."
4. Rewrite g20.66.020(7) to read: "Density shall be allowed per standards and guidelines
found in g20.66.050 and g20.66.060".
5. Amend g20.66.060(B), replacing the word "regulations" with "guidelines".
6. In g20.66.060, strike the term "multi-family residential" from the first sentence.
7. In g20.66.060(B)(I), add the phrase "or office" after "residential" each time it is used.
Also, add language stating that such office or residential uses would be a vested use.
8. Amend 20.66.060(2) to include public art, public display case or board.
9. Rewrite g20.66.060(B)(2) to make a reference to the current tree standards in the
Landscape code.
10. Add to g20.66.060(A)(6) the language, "... the view from right-of-ways or common
parking areas" as well as the phrase, "other architectural devices" at the end of the section.
11. Parking section to be amended to make it identical to the District Center.
Planning Commission Meeting.
February 15,2005
Page 4 of6
District Center -
1. Same changes where possible as the Neighborhood Center.
2. Add new ,subsection (A) to 920.70.050 that states building size will be based on
sections '.
3. Change parking section in the !NCC and the IDCe to include the following:
"6. Reduction in number of required parking spaces. 'The Director may reduce
the number of required parking spaces on a site by up to ten when a remodel,
expansion, alteration, or change in the use or tenancy of an existing building
occurs, provided:
a. For sites with multiple uses or structures, the reduction shall be applied
to the entire site and not to individual uses.
b. When a use is non-conforming to the required number of off-street
parking spaces, it shall not be allowed to reduce the number of existing
spaces."
4. Amend g20.70.060(B)(l) to read, "No less than thirty per cent of the lineal frontage
foot of a site shall be occupied by commercial structures that are set back no less than ten feet
from the public right-of-way."
Commissioner Streissguth reminded staff of typographical errors that need correction as
well.
A motion was made by Commissioner Kennedy and seconded by Commissioner
Friedberg-Nerf to recommend moving forward for Council action Chapter 20.66
and Chapter 20.70, including the amendments as read by staff. Called for discussion.
A motion was made by Commissioner' Kosusko and seconded by Commissioner
Cockburn to amend the original motion changing ~20.66.050(3) to read "There are
no setback requirements except where abutting residential uses in which a twenty
foot minimum setback is required." This motion passed unanimously.
The amended original motion was called for a vote: Cockburn: Yes; Hoell: Yes;
Kennedy: Yes; Kosusko: Yes; Nelson: Yes; Streissguth: Yes; Friedberg-Nerf: Yes.
The motion carried.
Dri Ralph, Environmental Planner, gave an update on the Critical Areas Ordinance. The
first meeting on the Critical Areas Ordinance will be on Thursday, February 17 at 5:30 in
the Mayor's Conference Room. Representatives from the Department of Ecology, the
Department of Natural Resources, the Tribe, as well as City of Bremerton Forestry will
be at the meeting. Dri is confident much will be accomplished with this group.
VI. Business Meeting
A. Chairman's Report: Commissioner Streissguth and Commissioner Cockburn met
with Pam Wilson regarding Parliamentary Procedures and they will be working toward
updating the Planning Commission By-laws by the next meeting.
Planning Commission Meeting
February 15,2005
Page 50f6
B. Director's Report: Paul Rogerson reported that the first initial zoning package will be
going before the City Council on February 16, 2005. As of February 1, 2005, City
Council has one hearing before adoption.
Chris Hugo will be making a presentation to the Kitsap County Realty Group at
Alderbrook Resort for the Prudential NW area wide conference on the Comprehensive
Plan and Initial Zoning Package. Commissioner Streissguth will also attend.
Kitsap County will be filing an appeal on Bremerton's Comprehensive Plan with the
Growth Management's Hearing Board. There are discussions planned to try and mediate
this before it goes before the board.
C. Old Business: None.
D. New Business: Commissioner Streissguth presented to Dri Ralph a gift of thanks,
along with this sentiment:
~~On behalf of the Bremerton Planning Commission, I want to thank you for your
support and dedication and tireless service to the citizens of Bremerton. As our
Environmental Planner, you've gently reminded 4S of the importance of stewardship
to the natural beauty that our city possesses. Your service to the community reminds
us that, as Terry Tempest Williams believes, 'The ability to stand firm at the center of
our convictions, our capacity to face the. harsh measures of life ... comes from the
deep, quiet listening to the land, the river, and the rocks. '
The Commissioners also presented Dri with a Certificate of Appreciation which Commissioner
Streissguth read aloud.
VII. Adjournment
Meeting was adjourned at 7:41 p.m. The next Regular Meeting is scheduled for March 15,2005.
Respectfully submitted by:
. i.1J)
fC7:/~
Planning Commission Meeting
February 15, 2005
Page 6of6
DATE SUBMITTED: 5-4-05
BILL # 05-111
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
............................................................................................
SUBJECT: Settlement Agreement
Regarding Appeal of City's Comp Plan
Committee Meeting Date:
COUNCIL MEETING Date: 5-04-05
Department: City Attorney
Presenter: Roger Lubovich
Phone:
SUMMARY: An Executive Session was held during the City Council Meeting of 5-04-05 whereby
Roger Lubovich briefed the City Council on the proposed settlement agreement.
ATTACHMENTS:
FISCAL IMPACTS (Include Budgeted Amount):
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
RECOMMENDED MOTION:
Move to approve the proposed settlement agreement regarding the appeal of the City's
Comprehensive Plan and authorize the Mayor to execute the agreement with substantially the
same terms and conditions subject to the City Attorney's approval.
CONSENT AGENDA 0
COUNCIL ACTION: ~prove
o Deny
o Table
o Continue 0 No Action
SETTLEMENT AGREEMENT
The City of Bremerton, Kitsap County, Overton & Associates, Coulter Creek LP, North
Bay Properties LP, North Mason LP, South West Kitsap LP, and Alpine Evergreen Company,
Inc. hereby agree to settle any and all disputes between them relating to Central Puget Sound
Growth Management Hearings Board Case Nos. 05-3-0014 and 05-3-0017 in consideration for
the following terms and conditions.
1. Bremerton agrees that:
a. The Bremerton Comprehensive Plan Eventual Growth Proposal map does
not designate or associate a present or future UGA boundary for Bremerton.
b. Bremerton will not assert any "first in time" claim for annexing the SKIA
area based upon its Eventual Growth Proposal map.
c. The unincorporated zoning designations shown on Bremerton's Land
Use Map have no legal effect.
Bremerton agrees it will refrain from initiating annexation proposals for any property that is
located outside of its associated UGA unless and until Kitsap County agrees and associates that
UGA to the City of Bremerton. However, Bremerton reserves the right to initiate annexation of
unincorporated land pursuant to RCW 35.13.180 or as otherwise allowed by law (not limited to
the SKIA area) in the event that it requires annexation as part of a capital facilities/utility project.
For the purposes of this Agreement, a capital facilities/utility project is one in which a discrete
capital improvement for utility purposes is constructed on property owned by the City. It is not
the provision of water, sewer or any other municipal service outside the city limits.
2. Bremerton will correct its Eventual Growth and Land Use Map designations,
boundaries, and legends regarding SKIA to reflect the County Comprehensive Plan as presented
as of April 1. 2005.
3. .Bremerton and Kitsap County will proceed as provided in the CPPs and the MOA
executed among the Cities ofBremerton & Port Orchard, the Port of Bremerton and the County
to work to associate the currently non-associated UGA lands.
4. This Agreement shall be binding upon and inure to the benefit of the parties hereto
and their respective heirs, personal representatives, successors and assigns.
5. This Agreement represents the entire agreement between the parties with respect to
the subject matter hereof. All prior negotiations, agreements, representations, warranties or other
matters oflike or any other nature shall be of no further force or effect and are superseded by this
Agreement.
6. In the event that one or more provisions ofthis Agreement shall be determined to be
invalid by any court of competent jurisdiction or agency having jurisdiction thereof, the remainder
ofthe agreement shall remain in full force and effect and the invalid provisions shall be deemed
deleted.
7. This Agreement shall be construed and interpreted pursuant to Washington law and
any controversy or interpretation hereof shall be by state courts of Washington. The captions
SETTLEMENT AGREEMENT - 1
throughout this Agreement are for convenience and reference only and shall not be held to expand,
modify, amplify or aid in the interpretation, construction or meaning of this Agreement.
8. This Agreement may be signed in counterparts and shall be effective as ofthe last
date of execution.
The undersigned hereby declare that the terms of this Agreement have been completely read and
are fully understood and voluntarily accepted.
CITY OF BREMERTON
KITSAP COUNTY
By: Cary Bozeman
Its: Mayor
Date:
By: Chris Endresen
Its: Kitsap County Commissioner
Date:
KITSAP COUNTY
KITSAP COUNTY
By: Jan Angel
Its: Kitsap County Commissioner
Date:
By: Patty Lent
Its: Kitsap County Commissioner
Date:
OVERTON & ASSOCIATES
COULTER CREEK LP
By:
Its:
Date:
By:
Its:
Date:
NORTH BAY PROPERTIES, LP
NORTH MASON LP
By:
Its:
Date:
By:
Its:
Date:
SOUTH WEST KITSAP LP
ALPINE EVERGREEN COMPANY, INC.
By:
Its:
Date:
By:
Its:
Date:
R:\LEGAL\Files\Current Active Files\City Comp Plan Appeal' SETTLEMENT AGREEMENT. doc
SETTLEMENT AGREEMENT - 2