HomeMy WebLinkAbout09/13/00 AGENDA CITY COUNCIL MEETING AGENDA
SEPTEMBER 13, 2000
1. PRE-COUNCIL STUDY SESSION: 4:45 - 5:30 P.M.
A. Study Session to discuss the "Kitsap County Legislative Agenda~ with Mary McClure,
Executive Director of Kitsap Regional Coordinating Council (4:45 to 5:'15 P.M.)
B.. General Council Business (5:45 to 5:30 PM.)
2. CALL TO ORDER: 5:30 P.M. A. Pledge of Allegiance
B. Invocation
3. CONSENT AGENDA -~
A. Minutes of Meeting - August 23, 2000 (#AB00-206)
B. Minutes of "Joint City-County Public Meeting~ - August 29, 2000 (#AB00-207)
C. Minutes of Meeting - August 30, 2000 (#AB00-208) /,.~
D. SR304 Transportation Improvement Project, Asbestos Removal No. 4 Contract, Change
Order No. 4 (#AB00-209)
E. Rate Adjustment for City Auditor Position; and Budget Adjustment No. 00-20 (#AB00-210)
4. CLAIMS/CHECK REGISTERS.
5. COUNCIL MEMBER REPORTS
6. MAYOR'S REPORT
7. LEGISLATIVE REPORT
8. PUBLIC RECOGNITION - (Comments limited to 3-minutes)
9. ORDINANCE & PUBLIC HEARINGS
A. Ordinance (First Reading) Vacating Harkins Place Right-of-Way (#AB00-211)
10. RESOLUTIONS
A. Resolution No. 2773, Submitting for Vote the Proposed Revisions to the City Charter ,~ ~
Providing for a Change in the Form of Government (#AB00-212)
11. ADJOURNMENT OF MEETING
CITY COUNCIL WILL ADJOURN TO THE COUNCIL CONFERENCE ROOM IMMEDIA TEL Y
FOLLOWING THE REGULAR MEETING TONIGHT FOR A STUDY SESSION TO DISCUSS
"RESIDENTIAL DWELLING UNIT REGULATIONS".
239 4th Street · Bremerton, Washington 98337 · (360) 478-5280 · FAX (360) 478-525l · citycouncil@ci.bremerton.wa.us
DATE NOTICE ISSUED: AUGUST 18, 2000
You are hereby notified that the BREMERTON CITY COUNCIL will hold a
STUDY SESSION on WEDNESDAY. SEPTEMBER 13. 2000, in the
Council Conference Room immediately following the City Council Meeting.
Topic to be discussed: "RESIDENTIAL DWELLING UNIT REGULATIONS".
(This is an open meeting).
Signed this 18th day of August 2000
KATHLEEN L. McCLUSKEY, CITY CLERK
Equal Opportunity Employer
AGEND&BILL
BREMERTON CITY COUNCIL
SEPTEMBER 13, 2000
1. SUI3;JECT: FOR AGENDA OF:
ORIGINATING DEPT: c ITY COUNCI L
MINUTESQF:MEETING- AUGUST 23, 2000 ORIGINATOR: CAROL ARENDS, PRESIDENT
DATE SUBMITTED: SEPTEHBER 7, 2000
2. ~J,.~: (comment on back if necessary) 3. EXHIBITS:
ENDORSEMENT INFORMATION APPROVED BY COUNCIL PRESIDENT FOR SUBMI-I-I-AL:
MAYOR: COUNCIL PRESIDENT:
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
8. RECOMMENDATION:
9. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:
REVIEW DATE:
10. NOTICE OF ACTION:
PULLED TABLED APPROVED__ DISAPPROVED
COUNCIL DIRECTIVE: DATE:
11. AGENDA BILL NO:
2. CLEARANCE COMMENTS:
4. SUMMARY STATEMENT (continued):
5. IMPACT ON NON-PASSAGE:
6. IMPACT ON STAFFING, BUDGETS FACILITIES EQUIPMENT OR OTHER RESOURCES:
7. RESEARCH SOURCES:
TAPE #1719 UNAPPROVED DRAFT
CITY COUNCIL MEETING MINUTES
August 23, 2000
The weekly meeting of the City Council of the City of Bremerton was called to order in the City
Council Chambers, 239 4"~ Street, Bremerton, Washington, Wednesday, August 23, 2000, at 5:30
P.M., with Council President Carol Arends presiding. Council members present were Jim Reed,
Conrad Esser, David Farr, Mike Shepherd, Ed Rollman, John Law, Cecil McConnell, and Wayne
Olsen. Aisc present were City Attorney Glenna Malanca, Acting Deputy City Clerk Rich Hanna, and
Legislative Assistant Lcd Smith.
The meeting opened with the Pledge of Allegiance led by Council Member Cecil McConnell, followed
by the invocation given by Minister Hank Shepherd, representing Emmanuel Apostolic Church.
President Arends made the following announcements:
(1) Council held a Pre-Council Session in the Council Conference Room to discuss general Council
business; including a 10-minute Study Session to "Review Distdct 3 Presentation on Change in
City Government"; and
(2) City Council will adjourn to the Council Conference Room immediately following the regular
meeting tonight for a Study Session to discuss the "Capital Improvement Plan".
CONSENT AGENDA
A. Minutes of Meeting- August 9, 2000 (#AB00-187)
#0045 M/S/C/U (McConnell/Olsen) Move to approve Consent Agenda as presented.
CLAIMS/CHECK REGISTERS
Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those
expense reimbursement claims certified as required by RCW 42.24.090 have been recorded on a
listing that had been made available to the Council.
#0065 M/S/C/U (Law/McConnell) On August 23, 2000, the Council does approve for payment those
vouchers included and further described as follows: 244153, 244154, 244392, and 244428 through
244583 in the amount of $286,565.21; and Regular Payroll in the amount of $819,431.53 for the
period ending August 15, 2000.
COUNCIL MEMBER REPORTS
John Law reminded citizens there would not be a District 3 meeting for the month of August, and the
next meeting would be held on Tuesday, September 19th.
Ed RoIIman referred to a recent article in the Seattle Post Intelligencer that stated an increase in
traffic congestion was causing and increase in "road rage", and advocated patience among drivers.
Mike Shepherd attended an AmeriCorp graduation ceremony, and congratulated the 36 graduates
for their willingness to involve themselves in community projects. He also briefly discussed some of
his duties in his new role on the Association of Washington Cities Board of Directors.
David Fart relayed a story about his son-in-law getting a "hole in one" at the Olympic Course at Gold
Mountain, and therefore suggested that the City evaluate the level of difficulty at the Olympic Golf
Course!
President Arends enjoyed participating with Mayor Horton and local business owners in the recent
"Clean-Up Event" that took place in the Charleston Business District this past Sunday, between 6th &
9th Streets on Callow Avenue.
TAPE #1719
City Council Reg. Mtg. Minutes
August 23, 2000
Page 2 of 6
MAYOR'S REPORT - There was no report this evening.
LEGISLATIVE REPORT - There was no report this evening.
PUBLIC RECOGNITION
Helen Miller asked that the City take corrective action to file and issue a complete and correct
resolution regarding the former Hansen Sign Company property on Shorewood Drive.
9A - APPOINTMENT OF BARRY N. COOK AS THE CITY OF BREMERTON REPRESENTATlW=
ON THE BOARD OF DIRECTORS OF THE KITSAP COUNTY PUBLIC FACILITIES DISTRICT,
(#AB00-188): M~lyor Horton briefly discussed the experience and dedication of Barry Cook, and
therefore recommended that he be appointed as the City of Bremerton Representative on the Board
of Directors of the Kitsap County Public Facilities District.
There were no questions or comments from the public.
#0455 M/S/C/U (Reed/Farr) Move to confirm the appointment of Barry N. Cook to the Board of
Directors of the Kitsap County Public Facilities District.
9B - APPOINTMENT OF ROY MclNNIS. TINA DAVIS, AND STEVEN BERKOWITZ TO THE
COMMUNITY DEVELOPMENT BLOCK GRANT ADVISORY COMMITTEE, {#AB00-189): Mayor
Horton recommended that Roy Mclnnis, Tina Davis, and Steven Berkowitz be appointed to the
Community Development Block Grant Advisory Committee after briefly discussing the experience that
each appointee could bring to the committee.
There were no questions or comments from the public.
#0530 M/S/C/U (Reed/McConnell) Move to confirm the appointment of Roy Mclnnis, Tina Davis, and
Steven Berkowitz to the Community Development Block Grant Advisory Committee.
9C - PROFESSIONAL SERVICES AGREEMENT WITH KAREN BERTRAM OF GARVEY,
SCHUBERT & BARER; AND APPROVAL OF BUDGET ADJUSTMENT NO. 00-19, (#AB00-189):
Glenna Malanca, City Attorney, requested that legal services be provided by the retained counsel
with regards to litigation against Foster, Pepper & Shefelman based upon their representation of the
City in lawsuits arising from the Wastewater Treatment Plant.
Mr. Law pointed out that the professionalism and fiscal responsibility demonstrated by the Legal
Department in pursuing this on behalf of the taxpayers is really appreciated. He also acknowledged
that even with the extra help, a lot of extra effort and time would still be required.
#06615 M/S/C (Shepherd/Reed) Move to approve a professional services agreement with Garvey,
Schubert & Barer to represent the City in its claims against Foster, Pepper & Shefelman for an
amount not to exceed $190,000 until December 31, 2002.
Vote on motion: Shepherd, Esser, Reed, Olsen, McConnell, Law, Rollman, and Arends
Abstained: Farr
Motion carried: 8-Yes; 1-Abstention
TAPE #1719
City Council Reg. Mtg. Minutes
August 23, 2000
Page 3 of 6
#0675 M/SIC (Shepherd/Reed) Move to approve Budget Adjustment No. 00-19 to increase to the
Public Works & Utilities Department to provide for funding of the Garvey, Schubert & Barer
professional services agreement.
Voted in Favor of Motion: Esser, Reed, Olsen, McConnell, Law, Rollman, Shepherd, and Arends
Abstained from Vote: Farr
Motion carried: 8-Yes; 1-Abstention
9D - PROFESSIONAL SERVICES AGREEMENT WITH LANE, POWELL, SPEARS & LUBERSKY,
(#AB00-191): Glenna Malanca, City Attorney, stated the City would like retained counsel to provide
legal services with regards to David Blair, et al., v. Rasmussen, et al. arising from the November 13,
1997 Kona Village fire. Upon occasion a law firm is asked to provide services based on their
expertise on current issues involving the City and are asked to extend their services for additional
case when the City is satisfied with the current services being received. It was noted that a budget
adjustment was not required because the requested amount already falls within the amount in the
City Attorney's budget for outside counsel. Additionally, the Fire Chief was consulted regarding the
representation, and is comfortable with this firm. The $35,000 amount will provide basic, essential
coverage, but would reflect the "limited role" that outside counsel will be performing in this matter.
There were no comments or questions from the public.
#0750 M/S/C (McConnell/Olsen) Move to approve a professional services agreement with Lane,
Powell, Spears & Lubersky for an amount not to exceed $35,000 until December 31, 2000.
Voted in Favor of Motion: Esser, Reed, Olsen, McConnell, Law, Rollman, Shepherd, and Arends
Abstained from Vote: Farr
Motion carried: 8-Yes; 1-Abstention
9E - RENEWAL OF PARKING SERVICES CONTRACT WITH DIAMOND PARKING, INC., (#AB00-
192): Capt. Ron Mox, of the Bremerton Police Department, reported that the contract renewal would
be for an additional year to manage the City's parking enforcement program for city streets and
parking facilities. Under the current contract performance there has been increased parking revenue,
more effective on-street enforcement, and aggressive enforcement of abandoned vehicle tows. The
changes to the contract would include: (1) An addition of 60 personnel hours per month to manage
the Boardwalk parking lots that were reopened in June 2000; (2) One 3.8% CPI increase
encompassing 1-year of the proposed contract; and (3) The purchase of three parking scooters by
Diamond Parking which are currently being leased from the City. Diamond Parking will contract with
Fleet Maintenance to maintain the scooters.
There were no comments or questions from the public.
Mr. Reed asked how much Diamond Parking was paying for the scooters, and which budget fund
would fund would receive the money. Mr. Hanna explained that the parking scooters were owned by
the Equipment Rental Reserve Fund, but because they will not be replaced, the money would be
returned to the Parking Fund. Bob Dupree, Diamond Parking, responded that the "market value" for
two of the scooters was $3,000 each, and $2,500 for the third parking scooter.
Mr. She.oherd complimented Mr. Dupree for his responsiveness in working with the neighborhoods
regarding parking issues expressed by residents.
TAPE #1719
City Council Reg. Mtg. Minutes
August 23, 2000
Page 4 of 6
Mr, Rollman asked how many full-time and part-time employees would be provided by Diamond
Parking for on-street and off-street parking enforcement; and would Diamond Parking work with the
Police Department to obtain background checks of all applicants. Mr. Du.~ree responded the contract
would include the equivalent of three full time employees; and that Diamond Parking does all of their
own background checks and psychological tests.
Mr. Esser asked why the net parking revenue went up dramatically during the months of January,
February, March, and April; and has since subsided. Mr. Dupree explained that Diamond parking
took over the contract in November of 1998. He then discussed several factors that may have
contributed to this trend including the decrease in enforcement hours, the loss of parking on Burwell
Street due to the Gateway Project, and most importantly, the impact of 1-695. A fee increase was
requested, and granted in late June, which explains the large jump in revenue for July and August.
#'1158 MISICIU (Olsen/McConnell) Move to renew the 1-year contract with Diamond Parking Inc. to
provide City parking enforcement services, and authorize the Mayor to execute the same.
Mr. Hanna cladfied that with approval of the following motion from Council tonight, the vehicles would
be declared "surplus property", and that in the future, the amounts would be listed on the Agenda Bill.
#'1175 M/S/C/U (Esser/Reed) Move to authorize the disposal of parking vehicle Nos. 1432, 1435, and
1436 pursuant to City policies and procedures.
10A - RESOLUTION NO. 2770, ESTABLISHING AN ARTS DISTRICT IN DOWNTOWN
BREMERTON, (#AB00-193): Mayor Horton, announced that the downtown Bremerton arts
community has requested that an Arts District be formed in downtown Bremerton on Pacific Avenue
from 1~t Street to 6t~ Street; and on 4th Street from Park Avenue to Washington Avenue. Local gallery
owner Amy Burnett initiated this request. The City Council will be invited to the upcoming "Artist Loft
Summit" will be held next month to discuss the concerns and requests of the local artists, which will
also be provided in a summary report to the Council.
There were no questions or comments from the public.
Mr. Fart thanked and acknowledged Amy Burnett for her efforts in bringing her work to the City. Mrs.
Arends and Mr. Shepherd concurred.
#1465 M/S/C/U (Rollman/Olsen) Move to pass Resolution No. 2770 establishing an Arts District in
Downtown Bremerton.
1lA - PUBLIC HEARING ON ORDINANCE NO. 4718 (SECOND READING), APPROVING YEAR
200`1-2006 SIX-YEAR TRANSPORTATION PLAN, (#AB00-186): The first reading of this ordinance
was heard at the Council meeting on August 16, 2000. Gene Sampley, Director of Public Works &
Utilities was available to answer questions on the plan, which is updated annually pursuant to RCW
35.77.010 and RCW 36.81.121.
There were no questions or comments from the public.
#1570 MISICIU (Reed/Rollman) Move to approve Ordinance No. 4718, which approves the City's
2001-2006 Six-Year Transportation Improvement Program and direct the Mayor to forward the
Ordinance and Plan to the Department of Transportation, Local Programs Office.
TAPE #1719
City Council Reg. Mtg. Minutes
August 23, 2000
Page 5 of 6
11B -ORDINANCE (FIRST READING) CREATING DEPARTMENT OF BUILDING & PLANNING,
AND CREATING POSITION OF DIRECTOR OF BUILDING & PLANNING. (#AB00-194): Mayor
Horton emphasized that the ordinance creates the Department of Building & Planning, and the
Director of Building & Planning. The Budget Adjustment being requested would provide funds for the
newly created department and staff salaries.
There were no comments or questions from the public.
#1715 M/S/C/U (Reed/Olsen) Move to approve ordinance establishing the Department of Building &
Planning, and the Director of Building & Planning on first reading.
#1745 M/S/C/U (Reed/Olsen) Move to approve Job Descriptions and Budget Adjustment for Director
of Building & Planning, and Director of Economic Development.
11C - ORDINANCE (FIRST READING) REPEALING ORDINANCE NOS. 4708 AND 471o
REGARDING KITSAP WAY I WESLON PLACE REZONE, (#AB00-194): Glenna Malanca. City
Attorney, requested that Ordinances No. 4708 and 4710 be repealed in their entirety. Ordinance No.
4708 adopted the Roger and Jennifer Nance Comprehensive Plan amendment application for the
"Nance-Kitsap WayANeslon Place" rezone to change a portion of the Comprehensive Plan and Map
from "Low Density Residential" (LDR) to "General Business" (GB). Ordinance 4710 adopted a
change in the same portion of the Official Zoning Map from "Single Family Residential" (SF-3) to
"General Business" (GB) in order for the Zoning Map to conform to and implement the
Comprehensive Plan. At the time these ordinances were adopted by the City Council, the Council
was unaware of the fact that proper public notice requirements may not have been followed. It is
recommended that the City Council remand the Roger and Jennifer Nance Comprehensive Plan
amendment application to the Bremerton Planning Commission. David St. Pierre, Assistant City
Attorney, stated that after further review, it was established that proper notice was not provided.
Therefore it is being requested that the City Council repeal the ordinances, and refer this issue back
to the Planning Commission so that correct and proper public notices can be provided as required by
State law.
Roger Nance asked for clarification on the "no comment" statement. He discussed the two-year
process he has gone through to get this ordinance before the City, and opposed the remanding of
these ordinances. He voiced his concern that the process will need to be started over, with no
specific "road map" of what is required provided. He stated that Mr. James Coombs and Mr. Bill
Palmer have both offered to sign a legal affidavit verifying that proper public notice was sent out. Ms.
Malanca stated that no "road map" was available, but that the City would do everything possible to
handle this issue quickly.
Helen Miller suggested the City consider hiring a professional "Hearing Examiner" instead of relying
on the volunteer efforts of the Planning Commission members.
Mr. Farr questioned the "lack of proper notification", and stated that "lack of evidence of the
documentation" was more the issue. He asked in the issue of fairness, could this issue be made a
"high" priority". Mr. Olsen agreed. Mr. St. Pierre responded that the Growth Management Act
makes it the responsibility of the City to prove that proper public notice given, and if the City can not
prove it, the State Law says, "it did not happen".
7
TAPE #1719
City Council Reg. Mtg. Minutes
August 23, 2000
Page 6 of 6
Mr. Esser asked Mr. Nance for further details regarding the affidavits he requested of staff. Mr.
Nance responded that he was concemed that although staff would provide affidavits reiterating that
public notice was given, there was no "evidence" of this Notice available. He also indicated that he
was the first applicant to apply for an amendment to the Comprehensive Plan.
Mr. Law supported the judgment and recommendation of the City's legal counsel.
· 2674 M/S/C (Reed/Olsen) Move to approve the proposed ordinance, repealing Ordinance Nos. 4708
and 4710 in their entirety, on first reading.
Voted in favor on this motion: Reed, Olsen, McConnell, Law, Rollman, and Arends
Voted opposed to this motion: Farr, Esser, and Shepherd
Motion carded: 6-Yes; 3-No.
#2726 M/S (Reed/Olsen) Move that this application receive "high priority" with the Department of
Building & Planning. (Motion was retracted)
With no further business, meeting concluded at 6:47 P.M.
City Council then adjourned to the Council Conference Room for a Study Session to discuss the
"Capital Improvement Plan".
PAULA JOHNSTON, Deputy City Clerk
CAROL ARENDS, City Council President
City of Bremerton
PJ/CA/Is/cg
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File
AGENDA BILL
BREMERTON CITY COUNCIL
1. ~: FOR AGENDA OF: SEPTEHBER 13, 2000
ORIGINATING DEPT: C I TY C0UNC 1L
MINUTES OF MEETING - AUGUST 29, 2000 ORIGINATOR: CAROL ARENDS, PRESIDENT
DATE SUBMrI-FED: SEPTEHBER 7, 2000
2. CJ,.~: (comment on back if necessary) 3. EXHIBITS:
ENDORSEMENT INFORMATION APPROVED BY COUNCIL PRESIDENT FOR SUBMI'I-r'AL:
MAYOR: COUNCIL PRESIDENT: ~--¢E~ ,:~~'
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
8. RECOMMENDATION:
9. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:
REVIEW DATE:
10. NOTICE OF ACTION:
PULLED TABLED APPROVED__ DISAPPROVED__ AME,~D~im~
COUNCIL DIRECTIVE: DATE:~__
11. AGENDA BILL NO: ~O - ,:2..(27
2. CLEARANCE COMMENTS:
4. SUMMARY STATEMENT (continued):
5. IMPACT ON NON-PASSAGE:
6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES:
7. RESEARCH SOURCES:
tO
TAPE #1719-A UNAPPROVED DRAFT
CITY COUNCIL PORTION OF
"JOINT CITY COUNCIL & COUNTY COMMISSIONER"
PUBLIC MEETING MINUTES
August 29, 2000
The City Council reconvened for the second half of the "Joint City Council & County Commissioner
Public Meeting in the City Council Chambers, 239 4t" Street, Bremerton, Washington, on Tuesday,
August 29, 2000, at 7:50 P.M., with Council President Carol Arends presiding. Council members
present were Jim Reed, David Farr, Mike Shepherd, Ed Rollman, John Law, Cecil McConnell, and
Wayne Olsen. Council Member Conrad Esser was absent. Also present were Assistant City
Attomey David St. Pierre; Lee A. Wyatt of the Planning Department; and Acting Deputy City Clerk &
Legislative Assistant Lod Smith. The County Commissioners conducted the first half of this meeting,
and therefore, that portion of meeting minutes will be available through their office.
PUBLIC HEARING
David St. Pierre, Assistant City Attorney, briefed the City Council on the process that was to take
place for this portion of the meeting, which would be a "Public Hearing" to receive public testimony on
Implementing Comprehensive Plan Amendments and Zoning Amendments only. The "Public
Hearing" portion of the meeting would then be closed, and City Council will consider the two
ordinances. It was also clarified that because of the procedural requirement in the "City Council
Rules & Procedures" adopted in 1996 that require ordinances to be heard at "regular" Council
meetings, a motion would be proposed to waive this requirement for these proceedings since this
special meeting was properly noticed.
ITEM 1 - ORDINANCE (FIRST READING) ADOPTING PORT BLAKELY SUB-AREA PLAN;
THREE-PARTY AGREEMENT; AND COMPREHENSIVE PLAN AMENDMENTS, #AB00-202: Lee
Wyatt, Planning Department, summarized that the City of Bremerton, Kitsap County, and Port
Blakely Communities (land owner & developer) have cooperatively prepared a Sub-Area Plan for a
large parcel of land (approximately 440 acres) located west of Kitsap Lake and outside the City limits
for future annexation to the City. Currently, the City's 1995 Comprehensive Plan does not provide the
mechanism to process the proposed annexation. Consequently, the City must amend its
Comprehensive Plan to facilitate implementation of the provisions contained in the Sub-Area Plan and
the Three-Party Agreement, which will enable the proposed application for annexation to be
submitted. The objective of the Port Blakely Joint Planning Area Sub-Area Plan is to facilitate,
encourage, and support proposed mixed use development which will further the goal of regional
economic growth. The Bremerton Planning Commission has conducted a public hearing process on
the proposed amendments to the Bremerton Comprehensive Plan and unanimously recommended
that the ordinance be adopted.
John Adams, Port Blakely Properties, indicated that this step would set up the framework for
establishing standards, which would include a more detailed review of the zoning portion of the
project plan.
#0285 M/S/C/U (Rollman/Law) Move to waive the provision of Rule 8 of the Bremerton "City Council
Rules & Procedures" requiring the first readings of the proposed ordinances adopting the Port Blakely
Sub-Area Plan and implementing the Zoning and Comprehensive Plan Amendments to be conducted
at a regular meeting of the City Council.
TAPE #1719-A
Joint City-County Public Meeting Minutes
August 29, 2000
Page 2 of 2
#0380 M/S/C/U (FardOIsen) Move to approve first reading of ordinance adopting 1 ) Port Blakely Joint
Planning Sub-Area Plan and amendment of the Bremerton Comprehensive Plan under the Growth
Management Act, and as a comprehensive plan for the Port Blakely property upon annexation
pursuant to RCW 35.13.177 and 35.13.178; and 2) Three-Party Agreement between the City, Kitsap
County, and Port Blakely Communities, and to incorporate the comments and corrections made this
evening.
ITEM 2 ORDINANCE (FIRST READING) ADOPTING MIXED USE DISTRICT (MXD) ZONING
CLASSIFICATION. #AB00-203: Lee Wyatt, Planning Department, stated that the zoning change
idea was based on a market analysis, and that the zoning distdct would promote economic
development. The cooperation of the parties involved indicates that there is support from all sides
for this project and the City would benefit from such a zoning change. He also clarified that this
zoning distdct could be created anywhere in the City, it was not created just for Port Blakely.
There were no comments or questions from the public.
~)490 M/S/C/U (Reed/Olsen) Move to approve ordinance on first reading amending Chapter 21.02,
Zoning, of the Bremerton Municipal Code, adding Sections 21.02.555 through 21.02.559 pertaining to
a new Mixed Use District (MXD) Zoning Classification.
With no further business, meeting concluded at 8:05 P.M.
PAULA JOHNSTON, Deputy City Clerk
CAROL ARENDS, City Council President
City of Bremerton
PJ/CA/Is/cg
c: Normal Distribution
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A~DA BILL
BREMERTOI~ CITY' COUNCIL
1. ~: FOR AGENDA OF: SEPTEMBER 13, 2000
ORI'.GINATINGDEPT: CITY COUNCIL
MINUTE,~OFMEE-FING- AUGUST 30, 2000 ORIGINATOR: .. CAROL ARENDS, PRESIDENT
DATESUBMI'I-rED: SEPTEMBER 8, 2000
2. ~: (comment on back if necessary) 3. EXHIBITS:
ENDORSEMENT INFORMATION APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL:
MAYOR: COUNCIL PRESIDENT: ~ ~
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
8. RECOMMENDATION:
9. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:
REVIEW DATE:
10. NOTICE OF ACTION:
PULLED TABLED APPROVED__ DISAPPROVED~ AME~/~~
COUNCIL DIRECTIVE: DATE:
11. AGENDA BILL NO:
2. CLEARANCE COMMENTS:
4. SUMMARY STATEMENT (continued):
5. IMPACT ON NON-PASSAGE:
6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES:
7. RESEARCH SOURCES:
TAPE #1720 UNAPPROVED DRAFT
CITY COUNCIL MEETING MINUTES
August 30, 2000
The weekly meeting of the City Council of the City of Bremerton was called to order in the City
Council Chambers, 239 4"' Street, Bremerton, Washington, Wednesday, August 30, 2000, at 5:30
P.M., with Council President Carol Arends presiding. Council members present were Jim Reed,
Conrad Esser, Ed Rollman, John Law, Cecil McConnell, and Wayne Olsen. Council Members David
Farr and Mike Shepherd were absent. Also present were City Attorney Glenna Malanca, Acting
Deputy City Clerk Rich Hanna, and Council Assistant Christine Grenier Ellingson.
The meeting opened with the Pledge of Allegiance led by Council Member Cecil McConnell, followed
by the invocation given by Pastor Randy Fulton, Silverdale Baptist Church.
President Arends made the following announcements:
(1) Council held a Pro-Council Session in the Council Conference Room to discuss general Council
business; including a 40-minute Study Session to "Review of Procedures for Amending Bremerton
City Charter"; and
(2) City Council will adjourn to the Council Conference Room immediately following the regular
meeting tonight for a 45-minute Executive Session to discuss to "Review Labor Negotiations".
CONSENT AGENDA
A. Minutes of Meeting - August 16, 2000 (#AB00-196)
B. Professional Services Agreement with Bremerton School District for School Resource Officer
(#AB00-197)
C. Bid Award to Pacific Pride for Fueling Contract, Option No. 1 (#AB00-198)
D. Approval of Budget Adjustment No. 00-17 for Police Department Employee Contracts (#AB00-
199)
#0025 M/S/C/U (McConnell/Olsen) Move to approve Consent Agenda as presented.
CLAIMS/CHECK REGISTERS
Vouchers audited and certified by the auditing officer as required by RCVV 42.24.080, and those
expense reimbursement claims certified as required by RCW 42.24.090 have been recorded on a
listing that had been made available to the Council.
~0050 M/S/C/U (Law/McConnell) On August 30, 2000, the Council does approve for payment those
vouchers included and further described as follows: EFT 6117, 244596, and 244599 through 244749
in the amount of $319,725.01; and Retiree Payroll in the amount of $115,137.06.
COUNCIL MEMBER REPORTS
Ed Rollman thanked the Bremerton Fire Department staff, specifically the Department Fireboat
"Marine Unit 20", for their quick responses to community needs. He also reminded the public that the
Blackberry Festival is scheduled this weekend, September 2nd and 3~.
President Arends was pleased to attend an important meeting hosted by Congressman Norm Dicks,
along with a panel from the medical field, to discuss the difficulty the elderly have in affording
increased medical costs and the high cost of prescriptions.
MAYOR'S REPORT - There was no report this evening.
LEGISLATIVE REPORT - There was no report this evening.
TAPE #1720
City Council Reg. Mtg. Minutes
August 30, 2000
Page 2 of 4
PUBLIC RECOGNITION
Larry_ Dickerson requested an update on a complaint filed against the local power company for the
uncut grass and weeds at their power plant located at 11"~ Street & Park Avenue; voiced his concern
over the lack of response from local building owners in removing graffiti; and lastly asked that Council
place the issue for a change of government on the ballot. President Arend.~ referred the abatement
and graffiti concerns to the Fire Department staff.
Al Colvin invited the public to attend the Constitution Day Observance Luncheon, which will be held
at the Howard Johnson Plaza, on September 16 at 12:30 P.M. The cost of the luncheon is $20.
EalzLD~J3j~ encouraged the City Council to continue their efforts to bring about positive change.
~ asked for an update on changes proposed for the "City_ Council Rules & Procedures".
President Arends reported that a Study Session was held by the Council to discuss the changes,
and that the issue would be brought to a Council meeting for approval in approximately two weeks.
Roaer Nance asked that the Council consider putting the issue for a change in the City's form of
government to include a City Manager position on the ballot.
J=~ urged the Council to expedite the process to get the change in the City's form of
government issue on the ballot, and then leave it up to the citizens to make the decision.
9A - RE. MEDIAL ACTION AGREEMENT WITH DEPARTMENT OF ECOLOGY FOR EVERGREEN
PARK. (#AB00-200): Becky Lorber, of the Parks & Recreation Department, stated that the City has
received the second DOE grant to complete the remediation work leading up to final park
construction. This Remedial Action Agreement will provide $481,700 in matching funds to the City,
and allow the City to finish the project. The money is designated for four principal areas: Institutional
controls (primarily the rock wall around Smith Cove and vegetative barriers); Groundwater
Compliance (monitoring wells); Final Site Preparation; and Consulting Costs.
There were no questions or comments from the public.
#0550 M/S/C/U (Reed/Olsen) Move to authorize the Mayor to sign the Remedial Action Agreement
with Department of Ecology, for the completion of ground work leading up to final park construction at
Evergreen Park.
10A - RESOLUTION NO. 2771, APPROVING THE CITY OF BREMERTON CAPITAL
IMPROVEMENT PROGRAM (CIP) FOR THE PERIOD 2000 - 2005. (#AB00-201): J~i~lJ~3J3~, City
Treasurer, reported that the City prepares a Capital Improvement Program or CIP on a regular basis.
This document projects the capital planning of all City departments through a five-year span. The
ClP also serves as reference in the budget development process, and in preparation of the capital
facilities element of the City's Comprehensive Plan. The CIP is developed using the City's long range
financial projections as well as the utility comprehensive plans, the park comprehensive plan, and
other resources.
There were no questions or comments from the public.
Mr. Rollman pointed out that 1000 plots are currently available at Ivy Green Cemetery, which
amounts to approximately $100,000 in revenue lost annually, and voiced his concern that the CIP
does not address that issue. Mr. Hanna discussed a budget adjustment approved earlier this year
TAPE #1720
City Council Reg. Mtg. Minutes
August 30, 2000
Page 3 of 4
that would allow several upgrade projects for Ivy Green Cemetery, which are reflected in the current
CIP. He added that there would be continuing discussion on the future of the Cemetery.
#0670 M/S/C/U (McConnell/Reed) Move to approve Resolution No. 2771 approving the Capital
Improvement Program for the period 2000-2005.
11A - ORDINANCE NO, 4719 (SECOND READING) CREATING DEPARTMENT OF BUILDING &
PLANNING. AND CREATING POSITION OF DIRECTOR OF BUILDING & PLANNING. (#AB00-
194): The first reading of this ordinance was heard at the Council meeting on August 23, 2000.
There were no comments or questions from the public.
~:)715 M/S/C/U (Reed/Esser) Move to pass Ordinance No. 4719 on second reading, creating the
Department of Building & Planning, and establishing the Director of Building & Planning.
~q)725 M/S/C/U (Reed/Esser) Move to approve Job Descriptions and Budget Adjustment No. 00-18
for Director of Building & Planning, and Director of Economic Development.
11B - ORDINANCE NO. 4720 (SECOND READING) REPEALING ORDINANCE NOS. 4708 AND
4710 REGARDING KITSAP WAY I WESLON PLACE REZONE. (#AB00-194): The first reading of
this ordinance was heard at the Council meeting on August 23, 2000.
David St. Pierre, Assistant City Attorney, provided a summary of the proceedings upon a request
from Arleen Burien. A notice was sent to landowners referring to the Ordinances dealing with the
rezone. Legal staff recommended that the issue be remanded to the Planning Commission so that
public notice can be done correctly.
Roger Nance asked for clarification of statements made in a recent article of The SUN newspaper,
regarding the Departments of Community Development & Planning. Ms. Malanca pointed out that
the proposed testimony, and the comments made in the article were not relevant to the specific issue
before Council tonight. It was recommended that he submit any non-relevant documents or materials
to the Council or the Legal Department via Council Staff, or address any additional concerns in writing
to the City. Mr. Nance emphasized his concem over the impact of a remand or lack of a remand on
the Comprehensive Plan. Mr. St. Pierre and Ms. Malanca provided clarification on the issue of
Comprehensive Plan amendments in respect to this issue; and pointed out that the only aspect
appealed was regarding Weslon Place. It was reiterated that amendments made to the
Comprehensive Plan are separate in nature, so any repeal of ordinances will not impact the
Comprehensive Plan in its entirety.
Victor Targett, one of the applicants, believed the issue was whether a declaration could be provided
related to the notices in question. He further indicated that he felt it was in the best interest of the
City to move forward on this issue, and did not support the remand.
Mr. Law advocated the professional advice of the City Attorney. Mr. Reed requested the City
Attorney to briefly report what they believe to be the City's indefensible position regarding the lack of
public notice. Mr, St. Pierre clarified that the burden of proof is placed on the City and that the City
has no proof of notice. Therefore, according to law, the notice was not given. He indicated that
additional hearings would be required, and up to a 1-year delay would result if the remand does not
occur, whereas the application could be considered by staff much sooner, with the remand.
TAPE #1720
City Council Reg. Mtg. Minutes
August 30, 2000
Page 4 of 4
Mr. Esser asked if the previous Director from the Planning Department was willing to provide an
affidavit. Ms. Malanca responded that the Legal Department has conclusively determined that
submitting an affidavit based on the information they currently have, it would not be an appropriate
act to put before any judicial forum or otherwise.
#1475 M/S/C (McConnell/Olsen) Move to pass Ordinance No. 4720 on second reading, repealing
Ordinance Nos. 4708 and 4710 in their entirety.
Voted in favor on this motion: Olsen, McConnell, Law, Rollman, Reed, and Arends
Voted in opposition to this motion: Esser
Motion carded: 6-Yes; 1-No.
#1570 M/S/C (McConnell/Olsen) Move to remand the Roger and Jennifer Nance Comprehensive
Plan amendment application for the "Nance-Kitsap WayNVeslon Place" rezone to the Bremerton
Planning Commission to ensure proper public participation in the reviewing process.
Voted in favor on this motion: McConnell, Law, Rollman, Reed, Olsen, and Arends
Voted in opposition to this motion: Esser
Motion carried: 6-Yes;1 -No
With no further business, meeting concluded at 6:20 P.M.
City Council then adjoumed to the Council Conference Room for a 45-minute Executive Session to
"Review Labor Negotiations ".
PAULA JOHNSTON, Deputy City Clerk
CAROL ARENDS, City Council President
City of Bremerton
PJICA/Islcg
c: Normal Distribution
File
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: SR 304 TI?: ASBESTOS REMOVAL NO. 4 FOR AGENDA OF: September 13, 2000
CONTRACT, CHANGE ORDER NO. 4 ORIGINATING DEPT: Public Work;s,.~ Utils
CONSENT AGENDA ORIGINATOR: R. Witt, City Eng. /"'go~% ·
DATE SUBMITTED: August 29, 2000
2. CL}g ./ARA~//S: (Comment on backifnecessary) 3. EXHIBITS:
. 1. Contract Change Order No. 4
Dire[tot ~ f Pul~ie'aO~ Utilities
dty Att~
City Treasurer
Council (~p~erations Committed ~u-hci 1 Fiscal & Bud§et Committee
ENDORSEMENT)I~' INFORMATION [] APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL:
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
The SR 304 Transportation Improvement Project Asbestos Removal No.4 contract was awarded to Walker Specialty
Construction for $49,157.42. The Council previously authorized the Mayor to execute change orders for a total
contract amount not to exceed $86,700. At the end of the contract work, additional asbestos was identified at Budget
Battery (140 N. Callow) and removed on a time and materials basis. The final costs and invoices for this work were
received and negotiated in August, 2000. The final cost for the work on Budget Battery exceeded the Mayor's change
order authority by $2,412.36. This action would authorize the Mayor to execute the final change order in the amount
of $2,412.36 for a total contract amount of$89,112.36. This is the final change order on this contract.
8. RECOMMENDATION:
That the Mayor is authorized and directed to execute Change Order No. 4 in the amount of $2,412.36 on the
SR304 TIP Asbestos Removal No. 4 contract.
9. RESPONSIBLE OFFICIAL: Director Pub Wks & Util
ENFORCEMENT OFFICIAL: Director Pub Wks & Util
EXPIRATION DATE:
REVIEW DATE:
10. NOTICE OF ACTION
PULLED [] TABLED [1 APPROVED [] DISAPPROVED Il AMENDED [l ~ ~
Date:
COUNCIL DIRECTIVE:
(OVER) 11. AGENDABILLNO.: O0 ~ ~.TLO?
2. CLEARANCE COMMENTS:
5. IMPACT ON NON-PASSAGE:
The work associated with this change order has been completed under the direction of city staff in order to keep the
project schedule and not incur additional delay costs.
6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT AND OTHER RESOURCES:
Staffing: 20 staff hours for construction administration, inspection.
Budget: This project is included in the 2000 budget as part of the 2000 Arterial Street fund and sufficient
funds exists to do this work with the additional funding the City will receive from other funding
sources. The City will be receiving funding from the Federal Highway Administration and the
State Transportation Improvement Board.
Facilities/Equipment: No impact.
7. RESEARCH SOURCES:
Agenda Bill 99-181
CITY OF BREMERTON CHANGE ORDER
Page 1 of 1
Contract Change Order No. 4
Project Name SR304 TIP Asbestos Removal No.4 Orig. Contract Amt. $ 49,157.42 Days 20
Project No. A42046 Prev. Appvd. Changes $ 37,542.58 Days 34
Contractor Walker Specialty Construction, Inc. This Change $ 2,412.36 Days 0
Revised Contract Amt. $ 89,112.36 Days 54
This Change Order covers changes to the subject contract as described herein. The Contractor shall construct,
furnish equipment and materials, and perform all work as necessary or required to complete the Change Order
Items for a lump sum price agreed upon between the Contractor and the City of Bremerton.
Description of Changes Increase in (Decrease) Contract
Contract in Contract Time
Amount Amount Extension
($) ($) (days)
Remove and dispose of additional asbestos containing
material found at 140 N. Callow (Budget Battery) $2,412.36 0
0
Total $2,412.36
Net change in contract amount $2,41 2.36
Increase or (decrease)
The undersigned Contractor approves the foregoing Change Order as to the changes, if any, in the contract
price specified for each item including any and all supervision costs and other miscellaneous costs relating to the
change in work, and as to the extension of time allowed, if any, for completion of the entire work on account of
said Change Order. The Contractor agrees to furnish all labor and materials and perform all other necessary
work, inclusive of the directly or indirectly related to the approved time extension, required to complete the
Change Order items. This document will become a supplement of the contract and all provisions will apply
hereto. It is understood t~at the Change Order shall be effective when approved by the City of Bremerton.
Reco m me nded: ~'~~-~,_~'~ '/-"'/ /Proiect En.qineer Date:
Recommended: ? ~L_____--/-~" ~¢_~/Citv Enqineer Date:
Accepted: /Contractor Date:
Approved: /Mayor Date:
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: FOR AGENDA OF: September 13, 2000
Audit Committee recommendation ORIGINATING DEPT.: City Council Audit
For rate adjustment of City Auditor Position ORIGINATOR: Bill Robinson
And budget adjustment No. 00-z0 Committee Member
DATE SUBMITTED: September 5, 2000
~RANC~ack if necessary) 3. EXHIBITS:
~U~SCAL AND BUDGET COMMIWEE '7' ~
ENDORSEMENTS, INFORMATION Il APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL:
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
The Audit Committee recommends the City Auditor salary be adjusted to Band 8, Step 7.
This recommendation is in recognition of changes in the types of services now performed by City Auditor
for the Council and Audit Committee.
8. RECOMMENDATION: Two Motions:
Move to approve in range rate adjustment to band 8, step 7 pursuant to BMC 2.5 Management and
Professional Staff Compensation Program, section 2.50.032 (b).
Move to approved Budget Adjustment No. 00-20
9. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:
REVIEW DATE:
10. NOTICE OF ACTION
PULLED Il TABLED I1 APPROVED I] DISAPPROVED FI AMENDED Il DATE: ,z::)-/~ :#:. 0C0 - D.../o
COUNCIL DIRECTIVE:
11. AGENDA BILL NO.:
(Continued)
2. CLEARANCE COMMENTS:
5. IMPACT OF NON-PASSAGE:
6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES:
Increase in 2000 budget not to exceed $3,000.
7. RESEARCH SOURCES:
CITY OF BREMERTON
BUDGET ADJUSTMENT REQUEST
Requesting Department: AUDITOR Adjustment Number: 00-20
I Approval Authority Required:
~-'~Treasurer [-]Mayor [-- Fiscal & Budi~et [~Council
SOURCE OF FUNDS: USE OF FUNDS:
Description Amount Description Amount
Increase Beginning Cash 3,000 increase Personnel Costs 3,000
NARRATIVE:
This adjustment will provide for an in-range rate adjustment to the Auditor's compensation.
Department Head Signature Date Director Signature Date
Treasurer Comments:
[---~ Recommended ~--~ Not Recommended ~ D~t!~"~
Treasurer's Signature ~.
Mayor Comments:
E~ Recommended r--~ Not Recommended ~ ~/'~
~ Approved ~ Denied
Mayor's Signature Date
Fiscal & Budget Committee Comments:
Approved r-~ Denied ,~L.___~L.¢--~-. ~'-~' .~'. ~)~-
~-~'/.Fi'scal & Budget Committee Signature Date
AGENDA BII.L
BREMERTON CITY COUNCIL
1. SUBJECT: ORDINANCE # , FOR AGENDA OF: September 13, 2000
l~-~s'~_ .R¢o~ ORIGINATING DEPT: PW&U Engineerin$ Div.
VACATING HARKINS PLACE ORIGINATOR: Randy Witt, City Engi~ee~.
DATE SUBMITTED: September 5,
2. CLEARANCES: (eomn~lt o~ack ifneees,~tt ~ ~ 3. EXI~I~S
Director, Public Works/U~ties ~ ~,~/7 A. Ordinance g_
city / vimity Map.
City Treasurer -' - ~ C. StaffReport.
Director, Community Development <:~:H
Council Budget & Finance Committe~~-~~-
4. SUMMARY STATEMENT AND REQUIREMIgNT FOR COUNCIL ACTION:
City staffhas received a petition to vacate Harkins Place. A hearing date of September 13, 2000 was set by City
Council on August 16, 2000 to hear this request for vacation. This right-of-way consists of a short street section
with a cul-de-sac at the end. All properties abutting the right-of-way are owned by a single entity, therefore there
is no need for pubhc access. The right-of-way is being requested to be vacated to facihtate a new commercial
development. Posting of the hearing notices and mailings to the adjacent property owner have been completed in
accordance with State law and the Bremerton Municipal Code. Specific items for City Council consideration are
outlined in the Staff Report. The request before the City Council is to approve, disapprove, or modify this vacation
of Harkins Place.
8. RECOMMENDATION:
A. Move.- to approve the attached Ordinance, vacating Harkins Place right-of-way~ on ~:~vs 'Y
B. MoVe to pass Ordinance # ., vacating Harkins Place right-of-way~ on ~e._c~r~&
9. RESPONSIBLE OFFICIAL: City Engineer
ENFORCEMENT OFFICIAL: N/A
EXPIRATION DATE:
REVIEW DATE:
10. NOTICE OF ACTION
PULLEDcouNCiL DIRECTIvETABLED APPROVED DISAPPROVED DA T~~E~~
11. AGENDA BILL NO: ~) ' ~ ! [
2. CLEARANCE COMMENTS:
5. IMPACT ON NON-PASSAGE:
The sweet will remain right-of-way, which will restrict development of the area into a commercial
enterprise.
6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER
RESOURCES:
Staffing: No impact.
Budget: No impact
Facilities/Equipment: No impact
7. RESEARCH SOURCES
BMC 11.20 Vacation of Pubhc Rights-of- Way
RCW 35.79 Streets
Filed for Record at Request of:
When Recorded Retum to:
Name: Bremerton City Clerk
Address: 239 Fourth Street
Bremerton, WA 98337
Document Title: Ordinance No.
Reference Numberof Document Assigned or Released: Not Applicable
Grantor's Name: City of Bremerton
Grantee's Name: Not Applicable
Tax Parcel #: Not Applicable.
Abbreviated Legal Description: THAT PORTION OF BLOCK A, REPLAT OF
PORTIONS OF BLOCKS 1 AND 4 AND ALL OF
BLOCK 5 AND 6, OLYMPIC MANOR, AS PER
PLAT RECORDED IN VOLUME 7 OF PLATS,
PAGE 69, RECORDS OF KITSAP COUNTY,
WASHINTON.
ORDINANCE #
AN ORDINANCE Vacating approximately 13,250 square feet of right-of-
way known as Harkins Place.
WHEREAS, Powell Development has petitioned to vacate this right-of-way; and
WHEREAS, notice has been posted and published according to law; and
WHEREAS, the City Council finds that the portion of the right-of-way set forth
herein is not needed for present or future use and should be vacated to allow the
abutting property owners to maintain the parcel, now therefore,
THE CITY OF BREMERTON DOES HEREBY ORDAIN:
Section 1. Vacation. The following right-of-way is hereby vacated to the
adjoining property owners.
THAT PORTION OF BLOCK A, REPLAT OF PORTIONS OF BLOCKS 1 AND 4
AND ALL OF BLOCK 5 AND 6, OLYMPIC MANOR, AS PER PLAT RECORDED IN
VOLUME 7 OF PLATS, PAGE 69, RECORDS OF KITSAP COUNTY, WASHINTON.
Section 2, Reservatio~ of Easements. mis vacation shall have no affect on
public utility easements or pdvate easements which have been established within the
rights-of-way subject to this vacation ordinance.
Section 3. Effective date. This vacation shall become effective ten (10) days
from passage and publication.
APPROVED by the City Council of the City of Bremerton this day of
,2000.
PASSED by the City Council: of the City of Bremerton this day of
,2000.
CAROL ARENDS, Council President
APPROVED this day of ,2000.
LYNN HORTON, Mayor
ATTEST:
KATHLEEN McCLUSKEY, City Clerk
· .ia leq.qlH]
--
STREET VACATION REQUEST
HARKINS PLACE
ENGINEERING STAFF REPORT
CITY COUNCIL,HEARING DATE: September 13, 2000
PREPARED BY: Paul Wandling
SUMMARY
A. Applicants: Powell Development
737 Market Street
Kirkland, WA 98033
Location: Harkins Place
B. Attachment: Application for right-of-way vacation.
Picture
Location Map
BACKGROUND
The applicants have petitioned the City of Bremerton to vacate the Right-of-Way known
as Harkins Place (approximately 13,250 sf). Currently, this Right-of-Way is abutted on
all sides by property owned by Powell Development. This street is currently paved and
is utilized as access to these properties.
The owner is proposing a commercial development which requires demolition of the
existing residential structures and vacation of the right-of-way to create a developable
site. See the attached application for a sketch of the subject area.
RIGHT-OF-WAY CONDITIONS
· Functional Classification Local Access
· Existing R-O-W Width 60 feet
· Proposed R-O-W Width N/A
· Pavement Width 38 feet
· Surface Type Asphalt
· Curb and Gutter Approx. 390 LF
· Sidewalks Approx. 1950 SF
July 18, 2000
Harkins Place Vacation
Page 1 of 4
HEARING CONSIDERATIONS
BMC 11.20.120 sets forth issues that the City Council needs to determine at the
conclusion of the Vacation Headng. These issues and the staff position are:
1. Whether the street, alley or portion thereof is no longer required for public
use and vacation of the described portion will better serve the public good.
Staff Position:
In conjuction with the applicant's proposed development, the right-of-way known
as Harkins Place will no longer be required for public use. Given the existing
infrastructure, it is unlikely that Harkins Place will be utilized for any other
purpose.
2. Whether the vacation is consistent with the City Comprehensive Plan.
Staff Position:
The proposed vacation does not conflict with the Comprehensive Plan.
3. Whether continued use of the proposed vacation as a public way is not of
such public benefit as to justify the costs of maintenance.
Staff Position:
Continued use and maintenance of the proposed vacation has no public benefit.
4. Whether substitution of a new and different thoroughfare would be more
useful to the public.
Staff Position:
Substitution of a new and different thoroughfare would not be useful to the public.
5. Whether conditions may so change in the future as to provide a greater
public use or need than presently exists.
Staff Position:
There is no anticipated future public use.
6. Whether objections to the proposed vacation are made by owners of
private property abutting the same.
Staff Position:
There are no objections. The applicant is the only property owner abutting the
proposed vacation.
July 18, 2000
Harkins Place Vacation ~.
Page 2 of 4
SHORELINE ACCESS
This portion of right-of-way does not provide shoreline access.
UTILITIES
All private utility companies have been contacted. There are no existing utilities located
within this portion of the right-of-way.
SUFFICIENCY OF SIGNATURES
The request for the vacation was made by more than two thirds (on a front footage
basis) of the property owners abutting the property to be vacated.
COMPENSATION
This is a Class II right-of-way as defined in Ordinance 4664. This type of right-of-way is
limited to a public easement or right of use which has substantial public improvements
in any portion of the right-of-way. The City shall be compensated for 50 percent of the
assessed value per square foot of the adjacent properties. Compensation amounts to
$16,126.29.
STAFF COMMENTS
Police Department staff stated that no problems where identified with this vacation.
Fire Department staff had no comment. This vacation will not adversely impact the
current ability of the Fire Department to access this property or adjacent lots.
Department of Community Development supports this vacation.
Staff recommends that this Street Vacation be approved as requested without
modification.
· July 18, 2000
Harkins Place Vacation
Page 3 of 4 "~'"'>
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: RESOLUTION NO. 2773 FOR AGENDA OF: September 13, 2000
Revisions to City Charter- Change in Form of ORIGINATING DEPT: Legal
Government - Resolution submitting for Vote ORIGINATOR: Glenna Malanca
DATE SUBMITTED: September 8, 2000
2. Cl,~EARANCES: (JS'Tgmment on back if necessary) 3. EXHIBITS:
~./~. ,//~/-r,.--.~~,~--~' Proposed City Charter Revisions
~-'"---Glef~n~al-anca, City Attorney Proposed Resolution No. 2773
ENDORSEMENT [] INFORMATION [] APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL:
MAYOR COUNCIL PRESIDENT ~ ~
4. SUMMARY STATEMENT AND REClUIREMENT FOR COUNCIL ACTION:
The proposed Charter revisions provide for a change in government from "Mayor-City Council' to
"Council-City Manager~ form of govemment, provides that the City Council terms are not affected by a
change in form of government or other revision or amendment of the City Charter, and provides for the
annual election by Council of the Chair who also serves as ceremonial Mayor, effective January 1, 2002.
8. RECOMMENDATION:
Record Motion: Motion to approve Resolution No. 2773, referring Charter revision to Ballot.
9. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:
REVIEW DATE: ~
10. NOTICE OF ACTION
PULLED [] TABLED [] APPROVED [] DISAPPROVED [] AMENDED [] DATE:
COUNCIL DIRECTIVE:
11. AGENDA BILL NO.:
Charter. AB - 9/8/00
2. CLEARANCE COMMENTS:
5. IMPACT OF NON-PASSAGE:
Voters would not vote on Charter revisions.
6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES:
Cost of election and publication of Charter for four weeks prior to November 7, 2000 election.
7. RESEARCH SOURCES:
State Law.
RESOLUTION NO. 2773
A RESOLUTION of the City Council of Bremerton, submitting to the qualified voters
of the City for approval or rejection at the general election to be held November 7, 2000,
proposed revisions to the City Charter providing for a change in the form of government,
that Council terms are not affected by a change in form of government or any revision or
amendment of the City Charter, and providing for the selection of a ceremonial Mayor,
effective January 1, 2002.
WHEREAS, the City Charter and Constitution of the State of Washington authorize the
City Council to propose amendments and revisions of the City Charter to bo submitted to
the voters of the City; now, therefore
BE IT RESOLVED BY ~ BREMERTON CITY COUNCIL THAT
Section 1. The Kitsap County Auditor be requested to call a special municipal
election to be held in conjunction with the general municipal of November 7, 2000, for
the purpose of submitting to the electors of the City of Bremerton the following
amendments set forth as proposed Bremerton Charter Revision, attached hereto as
Exhibit A and incorporated herein by reference.
Section 2. The City Council has determined to submit to the electors of the City of
Bremerton proposed amendments to the City Charter, as authorized by the Constitution
of the State of Washington, that provide for a change of form of government, provide that
City Council terms are not affected by a change in form of government or other
amendment or revision of the City Charter, and provide for the selection by Council from
among themselves a Chair, to serve as ceremonial Mayor, effective January 1, 2002. For
these reasons, it is hereby found that an emergency exists which requires the submission
of the Proposed Bremerton Charter Revision to the qualified electors of the City, for their
approval or rejection at a special election to be held on November 7, 2000.
The Kitsap County Auditor, as ex officio supervisor of Elections, is hereby requested to
also find the existence of such emergency and to call and conduct said special election on
November 7, 2000, and to submit the proposition of whether or not said Charter revision
shall be adopted.
Section 3. The proposed revised Charter shall be published in the Bremerton Sun at
least once per week for four (4) weeks preceding the day of submitting the same to the
electors for their approval.
PASSED by City Council of the City of Bremerton this day of ,
2000.
CAROL AKENDS,
Council President
CHARTER
i {l llt.rl' -.A._-
CITY OF BREMERTON
ARTICLE L
Name, Boundaries, Powers, Definitions
Section 1 - Name:
The corporate name of this City is BREMERTON.
Section 2 - Boundaries:
The existing boundaries may be changed in the manner provided by law.
Section 3 - Definitions:
As used in this Charter, unless the context indicates otherwise:
(1) Gender - The inclusion of male or female gender shall not avoid the intent of gender
neutrality.
(2) RCW - Means the Revised Code of Washington, and refers to any subsequent
amendments to statutes referenced in this Charter.
(3) Residence - Residence within any territory included in, annexed to, or consolidated with
the City is construed to have been residence within the City.
(4) Shall - Means mandatory.
(5) May - Means optional.
Section 4 - Rights and Powers:
By and in the corporate name, the City shall have perpetual succession and all powers ora First
Class city; may sue and be sued in all courts and proceedings; use a corporate seal approved by
Chart~ Revision - 9/8/00
1
its legislative body; and, by and through its legislative body, may contract and be contracted
with:, may purchase, lease, receive, or otherwise acquire real and personal property of every kind,
and use, enjoy, hold, lease, control, convey or otherwise dispose of it for the common benefit.
Section 5 - Powers - How Exercised:
All powers of this City, tmtess-ot~vwise-provided4n-~his-Ghaner;,-shatt-be~xew~;4sed-b~,~~
and~t~de~-the~dir~i~n~f.a~m~y~;~wh~.sh~i~e~the~City-administrat~and~ine-~an~
~;~;,,~ k^a,, ~c,u~ City -r~,~ x~ ....... ~ i..m.p..li 11 b
,,,~, ........... .~ ............... ~ ........w_.h..e...t.h.e.r..e.x..p[e..s..s_0.L ........... ~_,d.~_sb_.a ..... ..e,..~xercised in
the manner prescribed by this Charter, or if not prescribed herein, then in the manner provided by
law, ordinance or resolution of the City Council. The Council shall be subject to the control and
direction of the people at all times by means of the initiative, referendum and recall provided for
in this Charter.
ARTICLE II,
Elective Officers
Section 6 - Officers -Election - Term -- Qualifications - Mayor_:
The elective officers of this City shall be eleven-ten ......... in number: The -a~----3--, and Municipal
Judge, who shall be elected by majority vote from the City at large, and nine part-time members
of Gouncil, who shall be elected by majority vote from each of their respective districts. No
person shall be eligible for election to any Gity office, unless-he.h._.e../.s...h.e, is a citizen of the United
States and has resided in Bremerton for at least one year preceding election, except the
Municipal Judge, who need only be a citizen and reside in Kitsap County and licensed to practice
law in the State of Washington. No person shall be eligible for the position of council member
while holding any other elective public office or otherwise employed by the city. Candidates for
Charter Revision - 918100
2
Council must also be residents of their respective districts at the time of filing. ~4~May~-sh~l-
oominueasty-r-esideq~thin--t4,,e-C4t~.and-Council members shall reside continuoUsly within their
district during their elective terms, except as provided in Section 7 of this Charter. The terms of
all elective officers shall commence on the first day in January following their election and shall
be for a period of four years until their successors are elected and have qualified. In the 1997
election positions 1, 3, 5, 7 and 9 shall stand for election, and remaining positions will stand for
election in 1999. Thereafter municipal elections shall be held biennially and the requisite
Council members shall be elected for four year terms. The Council members terms shall not be
affected by a change in the form of government or other amendment or revision to this Charter.
The Council members so elected shall constitute the governing body of the City. At the first
.s...h_~ ! l....h...o..!..d....t, h .e....t.i.t. ! ..e....o.. f.....M...a.y..o., r...d.u, ri..n.g..t...h .e.. y..e_.a.r..f...o.r..~..h, i .c...h....h .e./.s. h .e... i..s....c.b.o, s_~......The...M a.y 9 r...s h...a.. ![p.r.e.s.~ d. ~
at all meetings of the Council and shall also have the powers and perform the duties conferred
and imposed upon him by this Charter and the ordinances of the City. He/She shall be
..o..f..mi.!i.t...a..ry..!~.w...,...~e/.. S..h..e....s...h...a.!!...h..a..v...e....n....o...r.e.~!.~r.a~mi.~i s..t.r .a.tj..v..e.~..d.~u~t..i...e..s.`.h.u..t.~i..n.~..t~i..m.~.e....~..f.~p..u.h~i.~s~r
or emergency shall, if so authorized and directed by a majority of the Council, take command of
the police, maintain order and enforce the law. He/She shall also have the rights, privileges and
members to act as Mayor in the event of a vacancy in the office of Mayor for the unexpired term,
or during the duration of an absence or disability of the Mayor.
Section 7 - Change in Districts:
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Council may change the boundaries of existing districts by ordinance to make each as equal in
population as practicable, so long as redistricting is approved forty-five days before the fourth
Monday in July. No change in the boundaries of districts shall affect the terms of any council
members; they shall serve out their terms representing the district for which they were elected
even though such change of district boundaries may result in more than one council member
residing in the same district.
Section 8 - Compensation - Reimbursement:
(1) The~.~,.jxs ..... ,,.'~o and Judge's compensation may be increased during a term of office by
ordinance.
There is hereby created the Bremerton Citizen's Commission on Council Salaries appointed as
provided herein to set the salary and compensation of the Council members.
The Commission shall consist of five (5) members who shall be registered voters and
residents of the City of Bremerton. No City officer, official, or employee or immediate family
member of any City officer, official or employee shall be eligible for membership on the
Commission. As used in this section, "immediate family member" means parents, spouse,
siblings, children or dependent relative of the officer, official or employee whether or not living
in the household of the officer, official or employee.
Commission members shall be appointed by the-Ma-yorCity Manager, subject to approval of
Council. The first members shall be appointed by January 1, 1997.
Each Commission member shall be appointed for a single four (4) year term of office; except
that the first five members appointed to the Commission shall be appointed for different terms as
follows:
(a) Two members to serve for periods of four years;
Charter Revision - 9/8/00
4
(b) Two members to serve for periods of three years; and
(c) One member to serve for a period of two years.
No member shall be removed during his or her term of office unless for cause of incapacity,
incompetence, neglect of duty or malfeasance in office or for a disqualifying change of
residence.
Upon a vacancy in any position on the Commission a successor shall be selected and
appointed to fill the unexpired term. The selection and appointment shall be concluded within 30
days of the date the position becomes vacant and shall be conducted in the same manner as for
original appointments.
The Commission authority and responsibility shall be as follows:
(a) The Commission shall study the relationship of salaries to the duties of the City Council
members and shall fix a salary for each such position by an affirmative vote of not less than a
majority of the commission.
(b) Except as approved in this section, the Commission shall be solely responsible for its
own organization, operation and action and shall enjoy the fullest cooperation of all City officers,
officials, departments and employees. The Commission shall have access to all City books,
papers, documents and accounts applying or in any way concerning the subject matter of this
section.
(c) The members of the Commission shall elect a chairperson from among their number
every two years.
(d) The Commission shall file its initial schedule of salaries for the positions of City Council
members with the City Clerk no later than May 1, 1997, and shall thereafter file schedules by
May 1st of the applicable later years so as to coincide with the City budget cycle.
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5
(e) Each such schedule shall be filed in ordinance form, shall be assigned an ordinance
number, shall be published in the same manner as a City ordinance, and shall become effective
thirty days after filing with the City Clerk. Such schedule shall be subject to referendum in the
same manner as provided by Section 36 of this Charter.
(f) Prior to the filing of any salary schedule the Commission shall hold no fewer than two
public hearings thereon within the four months immediately preceding the filing.
The members of the Commission shall receive no compensation for their services but shall
receive reasonable reimbursement for their expenses in accordance with state law and city
ordinance. Staff shall be assigned to the Commission to provide support for its work.
(g) Signature of the chairperson of the Commission shall be affixed on each schedule
submitted to the City Clerk.
· (2) The~,,,~jx~ ..... ,,,, Municipal Judge and Council members shall receive reimbursement for their
necessary expenses incurred in the performance of the duties of their office as provided to City
management and professional employees.
Section 9 - Vacancies - Events Creating:
The position of an elected officer shall become vacant upon the occurrence of any of the
following events:
(1) Death.
(2) Resignation.
(3) Judicially declared incompetency.
(4) Failure to maintain residency as required by Charter.
(5) Failure to qualify within two days after the beginning of term.
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6
(6) Continuous absence from the City for more than thirty days during a term of office
without consent of Council, unless on business of the City.
(7) Conviction of or plea of guilty to a felony or to a crime involving moral turpitude, or an
offense involving the oath of office.
Section 10 - Vacancies Filling:
(1) A vacancy in-the--off'~ee-of-theMayo~-or-on the Council shall be filled for the remainder of
the unexpired term, if any, at the next municipal general election.::
Council or the remaining members thereof by majority vote shall appoint a qualified person to
fill the vacancy until the person elected to serve the remainder of the unexpired term takes office.
(2) If, after thirty days have passed since the occurrence of a vacancy, Council is unable to
agree upon a person to be appointed to fill a vacancy on Council, the Mayor~-.shall make the
appointment from among the persons nominated by members of Council.
(3) If at any time the membership of Council is reduced below a quorum, the remaining
members, if any, shall appoint the requisite number of qualified persons to create a quorum who
will appoint qualified persons to fill the remaining vacancies. The appointees shall serve until
persons are elected to serve the remainder of the unexpired terms at the next available special
election for partisan offices unless there is an earlier available general election.
(4) If no council members remain, the Mayor-Municipal Judge shall appoint qualified
persons to temporarily fill the vacancies. The appointees shall serve until persons are elected to
fill the remainder of the unexpired terms at the next available special election for partisan offices
unless there is an earlier available general election.
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appo~~fied-pe~so~asA~g4/myoF=-~he-Aefiag~Mayop-shatl-peffom~aad-appoiatees
shatl-ser~,-pur-suam--to~se~i~.fou~ above:
(6_5) A vacancy in the office of Municipal Judge shall be filled by the ~Council for the
remainder of the unexpired term., ~,,~-;~'~*
"'" ......... """!'"'" '"VI' ......... .'lt.
(.~=}~-Amma~y~t~th~.~Fst.meeting-~f~C.~urm.i~;~r.~whemneeded~t~f~..a~v~y~~s
~d--in th~-at~-e-o~'-tempmary--di-sab~lity-of-{he-Mayor-
(-2)--The~-May~--PTo--T-empo~'e--shalt--peffm'm-att-- duties--o f-the. Mayor.,-exeept--~-may.-~y
majoht-y--ptus-one=
ARTICLE III.
Legislation
Section 112--Powers Vested in Council: I
Council shall have power to organize and regulate its internal affairs, to define the functions,
power, and duties of the City's officers and employees; to fix the compensation and working
conditions of such officers and employees and establish and maintain civil service or merit
systems, retirement and pension systems not in conflict with state law or this Charter. Council
Charter Revision - 9/8/00
may adopt and enforce ordinances relating to and regulating its local or municipal affairs and
appropriate to the good of the government of the City, and, pursuant to state law, may impose
penalties of fine, or imprisonment, or both, for the violation of such ordinances constituting a
misdemeanor or gross misdemeanor as provided therein. Council may provide that violation of
such shall constitute a civil violation subject to a monetary penalty. Council shall have all
legislative powers possible for a city or town to have under the Constitution of this State. By
way of illustration and not in limitation, such powers may be exercised in regard to acquisition,
sale, ownership, improvement, maintenance, protection, restoration, regulation, use, leasing,
disposition, vacation, abandonment or beautification of public ways, real property of all kinds,
waterways, structures, or any other improvement or use of real or personal property. Such
powers may be exercised in regard to all aspects o£collective bargaining, in the rendering o£
social, cultural, recreational, educational, governmental, or corporate services, including
operating and supplying of utilities and municipal services commonly or conveniently rendered
by cities or towns. In addition and not in limitation, Council shall have any authority given to
any class of municipality or all municipalities of this state, such authority to be executed in the
manner provided, if'any, by the granting statute. Within constitutional limitations, Council shall
have within the City corporate limits all powers of taxation for local purposes allowed by state
law.
Section 12-3 - Council Meetings - Public Notice of Meeting Agendas:
(1) Council shall meet at least once each week.
(2) Council shall meet at a place within the corporate limits of the City, at such times as may
be fixed by ordinance or resolution.
(3) A majority of Council constitutes a quorum.
Charter Revision - 9/8/00
9
(4) Meetings of Council shall be presided over by the member selected as Coaa64t
lXr~sideatMayor. Appointment ora C~ounei~l-P~-esideatMayor shall not in any way abridge the
t~vesig~oat2sMayor's, fight to vote on matters coming before Council at such meetings.
(5) In the absence of the City Clerk or Deputy Clerk or other qualified person appointed by
the Clerk, a council member may perform the duties of Clerk at such meeting while retaining
rights to participate and vote during the meeting.
Section 13_4 - Open Meetings - Requisites:
(1) All meetings of Council and City boards, commissions and committees shall be open to
the public except as excluded by 42.30 RCW or this Charter.
(2) Conditions for attendance; time and place; procedures for interruption, adjournments,
continuances; executive sessions; adoption of ordinances, rules and regulations; and prohibition
of secret ballots shall be as prescribed within Chapter 42.30 RCW; except members of the body,
by announcement one week in advance, may reschedule a meeting falling on a legal holiday of
any day within the same week as originally scheduled.
(3) Council, by ordinance, shall establish a procedure for notifying the public of upcoming
open meetings and agendas.
Section 142- Ordinances - Styles - Requisites - Veto:
(1) The enacting clause of ali ordinances shall be as follows: "The City of Bremerton does
ordain". No ordinance shall contain more than one subject and that must be clearly expressed in
its title.
(2) No Ordinance, or any section or subsection thereof, or any municipal code section or
subsection, shall be revised or amended, unless the new ordinance sets forth the revised
ordinance or the amended section or subsection at full length.
Chmr~r Revision - 9/g/00
10
(3) All legislation and appropriation of money shall be by ordinance, save where there is a
special fund created for a particular purpose; payments from such funds shall be made on order
of the Council. Every ordinance and resolution shall be in writing and if requested by a member
of Council or any person in attendance shall be read in full at a Council meeting before a vote is
taken thereon, and upon every such vote the yeas and nays shall be called and recorded.
(4) Except as otherwise provided in this Charter, every ordinance, shall have two public
hearings. Amendments or revisions within the scope of the ordinance may be made during either
heating without reintroduction. At least one week shall elapse between the introduction and the
final passage of the ordinance. No ordinance shall take effect until thirty days at, er the date of
its publication or an earlier date at least ten days after publication stated in the ordinance, except
as provided below:
(a) Upon the happening of any non-debatable emergency as enumerated in RCW
35.33.081, Council may adopt an ordinance addressing the emergency or appropriating funds not
available in the annual budget to meet it by a vote of one more than the majority of all members
of Council, stating the facts constituting the emergency. Such ordinance shall become effective
at passage without notice or hearing, but requires publication in the official newspaper.
(b) Ordinances addressing public emergencies not specifically enumerated in RCW
35.33.081 or appropriating funds to meet such emergencies, which could not have been
anticipated in the annual budget, may be appropriated by ordinance declaring an emergency and
stating the facts constituting the emergency. Such ordinance shall not be voted on until five days
have elapsed a~er its introduction, and shall require the vote of one more than the majority of all
members of Council for passage. Any taxpayer of the City may appear at the meeting at which
Charter Rcviaion - 9/8/00
11
the emergency ordinance is to be voted on and be heard for or against the adoption of it. The
ordinance shall become effective upon passage and publication.
(c) Initiative ordinances adopted by the voters of the City shall take effect at the time
fixed therein or, if no such time is designated within ten days after the official canvass of the
ballots pursuant to state law.
(5) Evep~r4i~a~e~.t.hat..passes.C~unei~..i~.~de~..t~.be~me.vaHd~must..be.presente6.t~.~he
reeo~sideration-the~eog. -~f-upon-~ecoesiderat-ion;,-.a-majo~ity-ptu~ne-~he--wh~me~p
fav~r4ts~passager.th~.~rdi~an¢e.sha~.bee~me..va~id.~t.withsmnding.the.May~r:s.vet~.-T.he
.......... ~, .............j ................ 7o to,.,,,,,., approve ..... + ..... 4: ..... :t ~.~1~
beeome-¥alid--without--appmval:...Ordinances shall be signed by the Mayor and attested by the City
Clerk.
Section 1_56 - Ordinances - Authentication and Recording:
The City Clerk shall authenticate and record in full in a properly indexed book or file kept for the
purpose of retaining all ordinances and resolutions adopted by Council. Copies of such shall be
available for inspection by the public.
Section 167 - Publication of Ordinances or Summary of Ordinances:
Promptly after adoption, the text of each ordinance or a summary of the content of each
ordinance shall be published at least once in the City's official newspaper except bond
ordinances, which may be published by title alone. For the purpose of this section, a summary
shall mean a brief description, which succinctly describes the main points of the ordinance.
Chafer Revision - 9/8/00
12
Publication of a summary shall include notice that the full text is available from the City Clerk.
An inadvertent mistake or omission in publishing the text or a summary of the content of an
ordinance shall not render the ordinance invalid.
Section 178- City Auditor:
There shall be an Auditing Committee consisting of two Council members and an independent
Certified Public Accountant to be designated by Council, and two Bremerton residents selected
by the designated members of the Auditing Committee. The Auditing Committee shall appoint a
City Auditor who shall serve at the pleasure of the Committee. The City Auditor shall only be
removed by the majority vote of the entire membership of the Committee sitting as a whole.
ARTICLE IV.
Administration
Section 189 -- Al~Vointment, Duties and Authority of the Mayore. City Manager
Commencing January. 1, 2002, at 12:01 a.m., the Council shall appoint an officer whose title
shall be City Manager and who shall be the chief executive officer and the head of the
a....d.m_i n. i..s..t.r.a_tj..v_e.
accepted pra~ice in respect to the duties of his office as hereina~er outlined. Choice shall not be
limited by any residence or political qualification. Within six (6) months of commencement of
employment, unless waived by the City Council, the City Manager shall continuously reside in
the City....N....~...p..e..r~..~...n.....ej.e..c..t.~.~...t..~..~..e..'`m.h.e.r..s..hip....~...n....t..h.~....C...~...u...n..c.i~..~h~[~..~h~.~.q.q.~.~.~...~.~8.~I~.~j.~.~..~
eligible for appointment as City Manager until one year has elapsed following the expiration of
the term for which he/she was elected. Before entering upon the duties of his office, such City
Manag.e.r shall take the official oath for the supp. ort of the National and State Governments and
Charter Revision - 9/8/00
13
the faithful performance of his duties, and shall execute a bond in favor of the City in such sum
as may be fixed by the Council. The City Manager shall be appointed for an indefinite term and
ma2~ be removed by a majority_ vote of the Council sitting_~..a__w_h_oJ_e.__If a__.C, jty M__a__n,g_g~.r. has not
been al~p_ojnted and taken office on Janua~ 1~ 200_2~the Council shall designate a City officer to
serve as Acting City Manager until the Council appoints a City Manager pursuant to this
provision.
· he-May~.'_Th_.e_~i, ty Ma_n...a.g.e.r_.'
(1) Shall be the chief executive and administrative officer of the City in charge of all
departments and employees.
(2) Shall see that all laws and ordinances are faithfully enforced and that law and order are
maintained in the City~.s..u_.b.j.e..c..t....t.O...t. he...authority, which..t...h...e.....C....~...u...n...cj..~....m...a..y.g~.a...n...t...t..~....t...h...e.....M-~a.y~.r..t.~.
m.a..i.n..t..aj.~..!a..~..a..n.d..o.r.d..e..r..i..n....t.i.__m...e..s....o...f...e....m._e, rg..e.n.__c..~::
(3) Shall have general supervision of the administration of city government and all city
interests.
(4) Shall see that all contracts and agreements made with the City or for its use and benefit
are faithfully kept and performed, and to this end, may cause any legal procedures to be
instituted and prosecuted in the name of the City, subject to approval by majority vote of all
members of Council.
(5) Shall report to Council, in a public meeting, concerning the affairs of the City and its
financial and other needs, and shall make recommendations for Council consideration and action.
(6) Shall prepare and submit to Council a proposed budget.
~(7)..$hal~.be~.the.~ie[al..a~d.ee~em~aia~..head-.of.t-he.C-.it.y..and~.sha~[.represem..t.heC..it.y;..ex¢ept
Chafer Revhion -
14
Mayo~-Pr~~,s-anava-it abtec-a-membe~-of-G-oun~il-or-some-othe~-suitab~F~ma~
designated-by~he4s4ayoF-to-FepFesent-the-C---ity-on--su~h-o~asion:
7. Shall recommend for ado. p. tion by. the Council such measures as he/she ma_:~ deem
necessar~._or ex~__ _e_d i_ .e_n.t_..
8_. .8ha41-devoteTutt-t-imer duhn~-busietes~h~s;--m-t~e~eo f-~h~Cit.y--and-shatt-not-hotd
any--othe~:-publio-offiee-~xeept--notaw--pubti~-.Shall appoint and remove al! department heads,
officer and emp~y..e-e-s-...~-f-..t-h-e....C..i~.t~*..~s...u.~bj~c[.-t~t.h.i.s-C.3..a.~.n....e.r~...C...i.v-i[...S~e.~.i~c.~-~..a...w....s~...m-~.e...s.-a..n.~
an audit to be made of any department or office of the City government and may select the
persons to make it, without the advice or consent of the City Manager.
..9. .................. $.h~Lp..e...rf...~..rm..s.u.c..h...~...t..h.'e..r....d...u..tj..e..s....a...s...t...h~..~.~u~i~.m~y..4e[~.~in.e.by.. ordj.n.~..o.r
r.e..s...o.!..u..t.j..o...n..: ..N....e.j..t`.h..e.r..t...he...c9un..c.i.k..n.~.r.~.a...ny..~..f.i.t.s...c~.mmi~.~e..e..s....~.r.~.m...e....m.b.e.r..s...s..h...a.~.djr.e...c..t....~.r`re...q~.~..~h~
appointment of any person to, or his removal from, office by the City Manager or any of his
subordinates. Except for the purpose of inquiry, the Council and its members shall deal with the.
a.d...m.i...n..i..s_t.r.a..t_ix.e.._s...e..~.i&e....s.~!e.! y...thr, o.u. gb..t.h.e..Ma, n..a. ge.r.aad..~.~i~.h ~r. !g.~..~[L~r .a~..~.~mmig~.~..9.r
...m...e..~.m..b.e..r...t...he.r~.f...s...h...a.~.g.i..v..e.....~..r..d..e..r~.s..~.~...a~y...~ub~r~i~g~..9f.~..ci~y..Ma~g~[..ejt.he.r..p.u.b.~jq~y...~..r
privately: Provided, however, that nothing herein shall be construed to prohibit the Council,
while in open session, or appropriate executive session, from fully and freely discussing with the.
...C..i..t.y...._M..a.n...age. r. an.~..h.i..n.g.p.e....n...a.~i..n~i..n.g~.t..~..~.a.p.p..9.i..n..t....m..e...n...t.s..~.a...n...d...r~.e.. .m..o....v..a..!..s.. o.f. Ci~y...offi. c.e. rs...a.n..d..e..mp.! o.~e.~ s.
~.d.....C.j.t.y....a..ff.a. jr.$...
Secti0n 19 - Removal of Cit_v Manager:
The City Manager shall be appointed for an indefinite term and may be removed by a majority
Charter Revision - 91~100
15
Manager must be furnished with a formal statement in the form of a resolution passed by a
majority vote of the City Council stating the Council's intention to remove him and the reason.q
therefor. Upon passage of the resolution stating the Council's intention to remove the Manager.
the Council ma~-b~-...a.-sj-m, i-~..ar--v..~-t..e-.s.usp~e.-n..d-..h..i-m-.-fr-~...m.....d.u-..t~.~.~~b~9~j~-~-~.~.iL~j~
removal becomes effective. The City Manager may, within thirty days from the date of service,
upon him of a copy thereof, reply in writing to the resolution stating the Council's intention to
remove him. In the event no r.e~p~...i..s....tj...m-e..~.y~.~...e..d..~..t3..e.~..r-e..s.9~-u-tj..~...n....s-h-a~ u.p._on_.t...h_e_t_~y:fi_r.s. Lda_/
..fr_o._.m._t he -d-~at.e-~-f~.-su-c-.h.~.s...e~-i..c..e..~m.n~.t~i..m...t...e...t...h..e.~..n...a.Lr~9~[u~.i~.~-mm9~i~g~b~~r~..~..bj~
services shall terminate upon that day. Ifa reply shall be timely filed with its Clerk, the Council
shall fix a time for a public hearing upon the question of the Manager's removal and a final
r-e..s-~...~.ut-i-~-n...r..e-m....~.y..i-ng..t...h-e...~..a...n...ag.e..r...s..h...a..~.~...n....~.Lh~..a~.~ ~d.u.u!~ [.~.p. uhlj.~_h~.~r.i~g.b_a~_~.~...b.a~:...Th~
a G.i..~....n....~..f...t...h...e.....C...~....u...n...c.j.[.i..n.....r..e....m...~...v..i..n.g..t..h..e..~...M...a...n...age.r....s...h...a.~[~..b..e.....~..~..n...a.!~..~..n..~..c..a...s..e.....~..f...t...h..e.....a...b...s.e...n...c...e...9.r...d.i..s..a.~.b.~i~j..t~
of the Manager, the Council may designate some qualified person to perform the duties of the
office during such absence or disability.
Section 20 - Appointive Officers - Duties - Compensation:
The appointive officers shall be those provided for by City Charter or ordinance and shall
include a City Clerk. The office of City Clerk may be merged with any other compatible
appointive office. The Fire Chief shall be Fire Marshal of the City. The authority, duties and
qualifications of all appointive officers shall be prescribed by charter or ordinances, and the
compensation of appointive officers shall be prescribed by ordinance.
Section 21 - Appointment and Removal of Officers and Employees - Terms:
CF~.P. TER.P.E V 9/I
Chart~ R~:viaion - 9/8/00
16
The ~ity Manager shall have the power of appointment and removal of all appointive
officers and employees, except the City Auditor, City Attorney, Court employees and Council
employees, subject to any applicable law, rule or regulation relating to civil service. Council
employees who serve at the pleasure of the Council may only be removed by a majority vote of
Council sitting as a whole. The head of a department or office of the City government may be
authorized by the Mayov42ity Manager to appoint and remove subordinates in such departments
or office, subject to any applicable civil service provisions. All appointments of City officers and
employees shall be made on the basis of ability and training or experience in the duties of the
position, and in compliance with provisions of any merit system applicable to the City.
Confirmation by Council of appointments of officers may be required by ordinance. Appointive
officers shall be without a definite term unless a term is established for such office by law-or
ordinance.
Section 22 - Oath of Officers and Employees:
Any officer or employee, before entering upon the performance of his duties, may be. required to
take an oath or-affirmation as may be prescribed by ordinance for the faithful performance of his
dutles as a condition of employment.
Section 23 - City Attorney:
The Legal.Department of the City shall consist ora City Attorney, appointed by the Mayor-City
.M,...a....n..a. ge.r..and confirmed by Council, and such assistants as the budget will allow. All must be
duly licensed attorneys of the State of Washington in accordance with state statute or court rule.
The City Attorney shall be a full-time in-house City Attorney, who shall have no outside practice
or clients. The City Attorney may be removed by the-Mayor.City Manager, with the concurrence
ora majority of Council sitting as a whole, or by Council alone, provided that removal by
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Council alone shall require a 2/3 vote of the entire Council. The City Attorney may remove his
assistants at his pleasure.
Section 24- Legal Advisor:
The City Attorney shall be legal advisor of all officers, commissions, boards and committees of
the City and shall bring and prosecute all actions which may be directed by the Mayor-City
Manager or Council, and defend the City in all actions against it and any action in which the
City, any past or present employee, officer, board, committee, or commission is a party as a
result of acts or omissions in the good faith performance of the city's business as determined by
Council.
Section 25 - Special Counsel:
Council may at any time employ other or special counsel, whose compensation shall be fixed at
the time of employment, to take charge of special matters or to assist the City Attorney.
ARTICLE V.
Finance
Section 26- Organization:
The Mayor-Cjly..Mg. ogg~Lshall have charge of finance and shall be responsible for the custody
and management of the City assets.
Section 27 - Receipt, Custody, and Disbursement of Funds:
All payments authorized by Council shall be signed by the Mayor-..Cj.t.y...M...a...n...ag~r...and City Clerk.
The City Treasurer shall receive and keep all monies due and belonging to the City, and all trust
funds held by the City, and shall keep an accurate detailed account of the same in such manner as
to show the exact financial condition of the City. The City Treasurer shall, at the close of each
month, report to Council all the monies received and disbursed during the month.
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Section 28 = Fiscal Year:
The City's fiscal year shall be the calendar year.
Section 29 - Public Utilities:
(1) The City shall have power to own and operate any public utility and may purchase,
construct, condemn or acquire any public utility provided by law, and may make any additions or
betterments or extensions of any existing utility, and the provision therefor shall be by ordinance
which shall specify and adopt the plan or system proposed and declare the estimated cost thereof.
Any ordinance providing for a newly owned and operated utility shall be submitted for
ratification or rejection to the qualified voters of the City at a general or special election called
for that purpose. Provided, however, that an ordinance providing for the extension, enlargement
or improvement of an existing utility shall conform to RCW 35.92.070 and need only be
submitted to the voters as required thereby.
(2) Nothing in this Charter shall be construed to permit the _Ccity of Bremerton to sell all or
any portion of any of the real property now owned or hereafter acquired for water supply
purposes generally known as watersheds, whether or not currently used for water supply
purposes, unless a question of such proposed sale shall be approved by a majority plus one of the
council membership or shall have been first submitted to the qualified electors of the city by a
majority plus one of the council membership at a municipal general or special election and
assented to by sixty percent of said electors voting on such question.
(3) The City shall not sell, lease or dispose of any utility lands, systems or parts thereof
essential to continued effective utility service, unless and until such disposal is approved by a
majority plus one vote of Council.
ARTICLE VI.
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Civil Service
Section 30- Commission, Creation of:
There is hereby established a Civil Service Commission of five members, who shall be appointed
by the ~i_~._M__a_na_g_er_and approved by Council, and who shall be citizens of the United
States, residents of the City for at least one year preceding such appointment. The term of office
of such commissioners shall be for three years on staggered terms. Any vacancies in the
commission shall be filled by the Mayo~.....i.t.y.._.M_a...n...ag_e.r_and approved by Council for the
unexpired term. Any member of said commission may be removed from office for
incompetency, incompatibility or dereliction of duty, malfeasance in office, or other good cause
after charges in writing have been preferred, due notice given and a full hearing had in Superior
Court unless such hearing is waived in writing.
Section 31 - Commission, Rules and Powers:
(1) The Commission shall make such rules and regulations for the conduct of its business and
to enforce the purposes of this article as shall be necessary and proper.
(2) The Commission shall provide for the classification of all employees subject to this
Article.
(3) All full paid employees of the Fire and Police departments of the City shall be included
under the provisions of this Article, and all existing provisions of state law pertaining to such
employees shall be substantially complied with by the Commission. All other full time
employees shall be included under the provisions of tkis Article unless excluded in Section 33.
(4) The Commission, among other things; shall provide for open competitive examination as
to fitness for an eligibility list from which vacancies shall be filled; for a period of probation
~harter Revision - 9/8(00
2O
before employment is made permanent; and for promotion on the basis of merit, experience, and
record. Promotional processing/testing fees shall not be charged.
(5) Employees within the scope of this Article who are in office at the time of the adoption of
this Charter shall retain their positions, unless removed for cause.
(6) The Commission, among other things, shall provide for rules and procedures to ensure
employees due process in regard to any proposed disciplinary action.
Section 32 - Civil Service Officer:
The Commission shall provide for the selection of a civil service officer-by the-Mayo~_.i~t.y.
Manager, with Council confirmation who shall also serve as secretary.
Section 33 - Classification of Service:
There shall be excepted from the operation of this article the following: elected officials,
management and professional appointed positions excluded by ordinance unless otherwise
provided by this Article, all non-salaried members o£ appointive boards and commissions, and
any other employee exempted from the operation of this Article by the Commission.
ARTICLE VII.
Boards, Commissions and Committees
Section 34 - Member Residency Requirement:
The ~[a-yoF--City Manager shall appoint all boards, commissions and committees established by I
I
ordinance or charter, except the Audit Committee, with Council confirmation as required by
ordinance. All members of boards, commissions and committees established by ordinance or
charter shall be residents of the City for at least one year prior to appointment and eighteen years
of age, unless otherwise provided by ordinance. Any member o£a board, commission and
Charter Revision - 9/8/00
21
committee established by ordinance or charter who is not a resident of the City at the time this
provision takes effect shall serve out the balance of the term for which appointed.
ARTICLE VIIL
Recall, Initiative and Referendum
Section 35 - Recall:
The holder of any elective office may be recalled and removed from said office as provided in
29.82 RCW.
Section 36 - Initiative and Referendum:
The powers of initiative and referendum shall be exercised in the manner set forth in RCW
35.17.240 through 35.17.360.
No ordinance heretofore or hereafter enacted by vote of the people shall be amended or repealed
by the Council unless such amendatory or repealing ordinance shall be submitted to the qualified
electors for their approval or rejection in the same manner as is required by this section in respect
to the submission of an ordinance initiated or referred.
ARTICLE IX.
Franchises
Section 37 - Franchises - Term - Renewal:
No franchise shall ever be granted for a term longer than ten years, excepting upon a majority
vote of the electors, and in no event will a franchise be granted for a period longer than fifty
years, nor any franchise be renewed or extended until within two years of the expiration thereof.
Section 38- Franchise- Compensation -Publication:
All franchises shall be granted by ordinance and shall specify plainly the streets or other public
places or parts thereof to which they apply, and no franchise shall be provided without provision
Chatter Rcvisiorl - 9/8/00
22
for proper compensation to the City therefor. Council shall adopt such mode of determining the
compensation to be paid by such grantee, as it shall determine to be reasonable and just. Every
applicant for a franchise shall bear all expenses of advertising and submitting the proposed
ordinance~ including the expense of election, if any.
Section 39 - Franchise - Council Rights:
The grant of every franchise shall be made expressly subject to the condition that Council shall
have the right with respect to any franchise so granted to hear and determine what are just, fair
and reasonable rates, fares and charges for public service unless regulated by the State or Federal
government, and to order that only reasonable charges shall be imposed; to require reasonable
extensions of any public service system; to make such rules and regulations as may be required
to secure adequate and proper service, and to provide sufficient accommodation for the public; to
repeal, amend or modify the same; to cancel, forfeit and abrogate the same if the franchise is not
operated or exercised in full accordance with its provisions, or any part thereof, or at ail; to
acquire by purchase or condemnation upon a majority vote of the electors for the use of the City
itself or its'inhabitants, the property of the grantee at a fair and just value, which shall not include
any valuation of the franchise, which shall thereupon terminate.
Section 40 - Franchise - Transfers:
No franchise shall be transferred, sold or leased without the consent of Council, under such rules
and regulations as the Council may impose.
ARTICLE X.
Miscellaneous
Section '41 - Legal Continuity:
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All ordinances and resolutions consistent with this Charter shall remain in effect until amended
or repealed or until they expire by limitation. All rights and obligations in favor of or against the
City existing at the time this Charter shall go into effect, shall continue without modification.
All sweet and other improvements, all vacations of public streets, alleys or places, all
assessments for improvements, all suits and actions in court, all fines and forfeitures and all other
matters relating to the City that may have been begun and not completed, shall be completed
according to the charter, ordinances and law existing prior to the time this Charter shall go into
effect, and all taxes and assessments levied and remaining unpaid when this Charter will go into
effect, shall be collected .as provided by ordinances and laws existing and in effect at the time
same were levied.
Section 42 - Employment Continuity:
Whenever by the provisions of this Charter duties and functions are transferred to a different
department, board or office, the emplOyees engaged in the performance of such duties and
functions at the time this Charter goes into effect, shall-be transferred accordingly and be deemed
to have been regularly appointed to the respective positions involved in the performance of such
duties and functions, until removed therefrom in accordance with the provisions of this Charter.
Section 43 - Report - Requisites of Claim - Time Limitations:
All claims for damages for personal injuries or for injuries to property sustained by any act of the
City or any officer, agent, servant, or employee, must be presented to Council and filed with the
City Clerk within the time specified by State Law. All such claims for damages must be in
writing and verified and must accurately locate and describe the act causing the injury, describe
the injury, giving the residence for six months last past of the claimant and contain the items of
damage claimed. No action shall be maintained against the City for a claim for tort damages
Charter Revision - 9/8/00
24
until the claim has been filed with Council or the officer designated by ordinance and' sixty days
have elapsed after such presentation.
Amendments
Section 44 - Conform to State [,aw:
Amendments of this Charter shall follow and conform to the procedures set forth in the State
Constitution and Laws of the State of Washington.
Section 45 - Effective Date of Charter Amendment Chanllin.g Form of Government:
All amendments to this Charter providing for and relating to a change from a Mayor-Council to
Council-City Manager form of government shall not be in effect until January_ 1, 2002, at 12:01
a.m.~;...e...x-c...e.p..t..i..h...a..t...t...h...e.~..~.~.y.j..s.i.9..n~...~..f..~i.~c.~.e...~ Section 6,.r..e.t...a.Ln.i..n.g..a..~....c...~....u~..n...c.~m.e....m...b...e.r.s...t...e.~
.t....hr ..o...u. gb....a.&h..a..n.g..e...i ..n....t..h...e..._f..o.r..m_....o.. f.. g.o._ ..v..e.r n.m....e..o .t....s...h...a. ! t.b ..e....e....ff..e...c..t. i z .e.....o..o...t..h...e... ! 5..d...a.:L..o..f.. J..a..o ..u...a.m_.2...0...0_. ! :.
Revision'- 918100
25
FOR THE PURPOSE OF SETTING ASIDE TIME FOR DISCUSSION
DURING TONIGHT'S COUNCIL MEETING, PLEASE INDICATE
WHETHER YOU ARE SPEAKING FOR OR AGAINST ITEM 10A
"RESOLUTION NO. 2773" WHICH PROPOSES CHANGES TO THE
CITY CHARTER AND WOULD PLACE THOSE CHANGES ON THE
BALLOT.
NAME FORNO. RESOLUTION 2773 AGAINST NO. RESOLUTION 2773
J