HomeMy WebLinkAbout01/21/04 AGENDA FILE
239 4th Street - Bremerton, WA 98337 · Phone (360) 478-5280 · Fox (360) ,~78-5251
CITY COUNCIL MEETING AGENDA
JANUARY 21, 2004
1. PRE-COUNCIL STUDY SESSION: 5:00 - 5:30 P.M. in Council Conference Room
A. General Council Business
2. CALL TO ORDER: 5:30 P.M, in Council Chambers
A. Pledge of Allegiance
B. Invocation
3. CONSENT AGENDA- There are no Consent Agenda items this week
4. CLAIMS/CHECK REGISTERS
5. MAYOR'S REPORT ~U.~^~,
6. NEW BUSINESS --~
A. Letter of Engagement with KUSSMAN AND LINDSTROM, P.S. (#AB04-003) [
7. PUBLIC HEARINGS - ORDINANCES & RESOLUTIONS
A. Ordinance No. 4884 [Second Reading], vacating the easterly portion of the alley 3
bounded by Warren Avenue, Park Avenue, 8th Street, and 10"h Street (#AB04-002)
B. Ordinance [First Reading], authorizing the City Attorney to acquire the property located at ~
SILVERDALE MOBILE ESTATES in Kitsap County, Washington (#AB04-004)
C. Resolution No. 2917, setting a Hearing Date of February 11, 2004 for Vacating the Northerly
Portion of the Alley bounded by Naval Avenue, Olympic Avenue, 11th Street, and 10th Street
(#AB04-005)
8. PUBLIC RECOGNITION - Comments limited to 3-minutes
9. COUNCIL MEMBER REPORTS
10. EXECUTIVE SESSION -The Council will reconvene in the Council Conference Room
for a 20-minute Executive Session to discuss a "Real Estate Acquisition" per R.C.W.
Chapter 42.30.110 (1) (b).
11. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING
E-mait: citycouncil@ci.bremerton.wa.us · Web: www ci bremerton.wa.us
DATE SUBMITTED: December l l, 2003 BILL # ~/! (/(/kd
AGENDA BILL ~ A
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Letter of Engagement with Committee Meeting Date: Januaryl~, 2004
Kussman & Lindstrom, P.S. COUNCIL MEETING Date: January M, 2004
Department: City Attorney's Office
Presenter: Roger A. Lubovich
Phone: 2345
SUMMARY: The City Attorney's Office employs outside legal counsel to assist in the representation
of the City of Bremerton in specialized areas. Edward R. Lindstrom, formerly of McGavick Graves,
P.S., now of Kussman & Lindstrom, P.S., assists in representing the City on labor and employment
issues. His firm's hourly rates are reasonably and he is highly specialized in the areas that the City
engages him.
ATTACHMENTS: Proposed Letter of Engagement
FISCAL IMPACTS (Include Budgeted Amount): Professional Services are currently budgeted in
the City Attorney's budget.
APPROVALS:
DEPARTMENT DIRECTOR: .... ~ ....... ;--. :~:~:_~
CITY ATTORNEY: Q_./~~ :::?:%:2:2~-':._' ' '"'~'~"' ' -"-~ :'i "i"
MAYOR: ,.~._/'"~ ,i~.~~~- '--'~,
FISCAL/B~GET: ,~ ~~~ [
OPE~TIONS: ~:~,. ~~~~1 CONSENT AGENDA ~
CO~CIL P~SIDENT: ~~ ~ ~ . ~
~COMMENDED MOTION:
Move to approve the engagement of Kussman & Lindstrom, P.S. and to authohze the City Attorney to
execute the proposed letter of engagement in substantially the same fo~ as presented.
COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action
1
KUSSMANN & LINDSTROM, P.S.
ATTORNEYS AT LAW
7350 Cirque Drive West, Suite 102 ° University Place, WA 98467
Phone: 253-284-9250 ° Fax: 253-284-9251
November 13, 2003
Roger Lubovich, Esq.
City of Bremerton
239 Fourth Street
Bremerton, Washington 98337-1921
Re: Letter of Engagement - Legal Services
Dear Mr. Lubovich:
Kussmann & Lindstrom, P.S. will perform legal services for the City as requested
by the City Attorney. The services shall include, but not be limited to, providing advice
and/or representation on labor and employment, litigation, and community and
economic development. I will be the lead attorney, but Roy F. Kussmann is also
available, depending upon the issues to be addressed, and/or to provide back-up.
My billing rate for the City of Bremerton is currently $200.00 per hour. Mr.
Kussmann would bill at the same rate when providing backup, but in the areas of
community and economic development, his rate is $230.00 per hour. Any rate
increases under this Letter of Engagement must be approved by the City Attorney.
In entering into this Letter of Engagement, Kussmann & Lindstmm, P.S. will
serve as an independent contractor and shall perform independent functions and
responsibilities within its field of expertise. Kussmann & Lindstrom, P.S. shall have no
authority to bind the City or to control the City's employees or other contractors.
Kussmann & Lindstrom, P.S. is responsible for all taxes and license fees necessary to
perform its obligations under this Letter of Engagement.
The Parties agree that this Letter of Engagement will continue in full force and
effect until terminated. The City of Bremerton may terminate representation at any time,
with or without cause, upon written notice to Kussmann & Lindstrom, P.S. Kussmann &
Lindstrom, P.S. reserves the dght to withdraw from representing the City if fees are not
timely paid, or for any other appropriate cause.
Yours very truly,_~,
Edward R. Lindstrom
Accepted by the City of Bremerton this __ day of ,2003.
Title:
ERL:jav
DAIE SUBMITTED: December 16, 2003 BILL # ~ Z//~
AGENDA BILL 7 g
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: HEARING AND Committee Meeting Date: January 6, 2004
ORDINANCE # ~ VACATING COUNCIL MEETING Date: JANUARY 14, 2004
THE EASTERLY PORTION OF THE Department: PW&U, Engineering
ALLEY BOUNDED BY WARREN AVE, Presenter: Michael C.
PARK AVE, 8TM STREET & l0TM STREET. Phone: 473.5288 Mecham'~
SUMMARY: The City initiated the vacation of the easterly portion of the alley bounded by Warren
Avenue, Park Avenue, 8th Street and l0th Street. This date has been scheduled for a public hearing in
accordance with state law and the Bremerton Municipal Code for first reading on the proposed
ordinance vacating the subject property. The Bremerton Fire Department has proposed a new fire
station on the property abutting the proposed vacated portion of the alley, and will relocate the alley to
the west side of its current location. This is a Class I fight-of-way and compensation is not required in
accordance with BMC 11.20.080.
ATTACHMENTS: A. Ordinance# ~g$~,. B. Site Map
FISCAL IMPACTS (Include Budgeted Amount): No Impact.
DEPARTMENT DIRECTOR: <
CITY ATTORNEY: ~~
. ' .............. ~ ~-~_--T ;~;-~ - ~-~-· .._-.~
FINANCE DIRECTOR:
MAYOR: ~~'~-~ ..... ~-.
FISCAL/BUDGET: · ~,
CO~CIL PRESIDENT: ,, '~::-e .~ > ~
RECOMMENDED MOTION:
B. I move to pass Ordinance ~ ~[~q on second reading, vacating the easterly poaion of the alley
bounded by Wa~en Avenue, Park Avenue, 8th Street and l0th Street.
COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action
ab/Agenda Bills 2003/ROW Vac Fire Station, Agenda Bill for Ordinance
ORDINANCE NO. ~ ~q
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, relating to the vacation of streets,
vacating the easterly portion of the alleff bounded by Warren
Avenue, Park Avenue, 8t~ Street and 10"' Street in the City of
Bremerton.
WHEREAS, the City has initiated the vacation of the easterly portion of the alley
bounded by Warren Avenue, Park Avenue, 8th Street and l0th Street in the City of Bremerton;
and
WHEREAS, the City passed Resolution No. 2914 declaring its intention to vacate
the easterly portion of the alley bounded by Warren Avenue, Park Avenue, 8t~ Street and l0th
Street, which resolution also set a hearing to take public comment or consider written objections
to the vacation; and
WHEREAS, fewer than fifty percent of the property owners abutting said fight-
of-way filed written objections to this action prior to the time set for public hearing herein; and
WHEREAS, a public hearing was held with proper notice on January 14, 2004, in
the City Council Chambers of the Bremerton City Hall to take public comment or consider
written objections to the vacation; and
WHEREAS, the City Council finds that this vacation is sought to provide
adequate area for a new fire station; and
WHEREAS, the City Council has determined that it is in the best interest of the
public to proceed with the vacation; and
WHEREAS, the City Council has directed the preparation of an ordinance
vacating the portion of said streets; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The foregoing recitals are incorporated as if fully set forth herein.
SECTIONZ The easterly portion of the alley bounded by Warren Avenue, Park
Avenue, 8th Street and l0th Street in the City of Bremerton, as described in Exhibit A, which is
attached and incorporated herein by this reference, is hereby vacated to the abutting property
owners including any and all easements contained therein.
1 Street Vacation -
Alley Warren, Park, 8~h Street, 10~ Street
SECTION3. ReservationofEasements.
a. An easement is reserved for the City of Bremerton, Public Works and Utilities
Department for construction, operation, maintenance and repair of City utilities over, under and
upon the entire area vacated pursuant to this ordinance.
b. An easement is reserved for Cascade Natural Gas for operation, maintenance and
repair of ....................... a gas lines andappurtenances .... ........ , ..... ~ ............. , ~v.~-- ~- ~ '~' .... :~:-~t, .......... c~:~:,:~ w~th~n' '
the area vacated pursuant to this ordinance.
SECTION 4. No vested rights shall be affected by the provisions of this
ordinance.
SECTION $. Severabilit~. If any one or more section, subsections, or sentences
of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the
validity of the remaining portion of this ordinance and the same shall remain in full force and
effect.
SECTION 6. Effective Date. This ordinance shall take effect and be in force ten
(10) days from and after its passage, approval and publication as provided by law.
APPROVED by the City Council the day of ,2004.
PASSED by the City Council the day of _, 2004.
DAREN NYGREN, Council President
Approved this day of ,2004.
CARY BOZEMAN, Mayor
ATTEST: APPROVED AS TO FORM:
Paula Johnston, Interim City Clerk ROGER A. LUBOVICH, City Attorney
PUBLISHED the day of _, 2004.
EFFECTIVE the day of ,2004.
ORDINANCE NO.
R:\LEGAL\OrdinancesXP ublic Works & UtilitiesWacation - Warren, Park, 8th & 10th.doc
2 Street Vacation -
Alley Warren, Park, 8~ Street, l0th Street
EXHIBIT "A"
Legal Description
Street Vacation
North / South Alley between 10t~ Street, and the alley between Warren Avenue and Park
Avenue.
Said easement being the entire North / South Alley on the south side of 10t~ Street,
between l0th Street and the alley between Warren Avenue and Park Avenue bounded by
lots 11 and 12 of Block 000 Jacobson's Jens Addition. See exhibit "B" attached.
Subject to easements, covenants and restrictions of record.
DATE SUBMITTED: January 7, 2004 BILL #t)q-OOt[
AGENDA BILL 7 ~
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Condemnation of Property Committee Meeting Date: January 13~ 2004
Ordinaot o A/o. _ COUNCIL MEETING Date: January 21, 2004
Department: Public Works
Presenter: Kathleen Cahall ~r~
Phone: 2315
SUMMARY: The City purchased a license in 1988 to test for and install a drinking water well on a
small parcel of land outside City limits for use in the City's Water Utility System. The property upon
which the well sits was purchased in 1990. There is a need to purchase a .44 acre parcel of property
surrounding the well to allow for the placement of utilities to serve the well; to allow City personel to
access the well; and to serve as a protective buffer. The City has tried to negotiate with the owner of
the property surrounding the well for the purchase of the property, but this effort has been
unsucessful.
ATTACHMENTS:
Ordinance authorizing negotiated sale or condemnation
Map of Parcel to be aquired
FISCAL IMPACTS (Include Budgeted Amount): Amount included in Water Utility Capitol Fund
Budget as previously approved by Council.
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
RECOMMENDED MOTION:
A. I move to approve the attached ordinance on first reading, authorizing the City Attorney to take
action to aquire the property located at Silverdale Mobile Estates in Kitsap County, Washington.
B. I move to pass Ordinance # on second reading, authorizing the City Attorney to take
action to aquire the property located at Silverdale Mobile Estates in Kitsap County, Washington.
COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action
- · N N'-E NO,
Ot~DL A, l .
~,N ORDINANCE of the ('b.y Ccmncil o£ i'he Ck'; of
Bt'ec. ertea. \,Vashing. to'a, author]zing and proxid~g tb~ tt-~e
icquisiliot~ of land located at Silve~da!e Mobile Estates; providing
15)r condemnation, appropriation and taking of land and property
rights necessapi therefore: providing tbr the cost thereof, directing
the initiation of appropriate proceedings in the mani~ec provided by
la¥~ fi)r the condemnation; and electing not to compl5 with chapter
g 26 RCW in connection wkh the condemnation
i,, ' * ' ' ( otmt.t~ rtcoga~zes that drillkh~g water,
x, IIEREAS, the City '" ~ ' ' ~ s
pa~ >f t,,¢ ( ty s Xk a,~ r [itility system7 and
~ HI REA~, the property located at SiNerdale Mobile [:~t i~=> in Kitsap
Washington snrrounds a site that has been prey ousb' purchased and improved via the installatiot~
oFa clrilb~d well;
WHEREAS, the City (ounc- ' 1 has- determined there is a ~'~.',= 'fl to acquire ia,d
pt, poses related to the operation, of the welt tbr use by the City., Water E, tntt2,": '" and
WHEREAS, the prope % identified b5 d~e City '
IS ¢tilTelltlf undeveloped:
WHEREAS~ to dais, tine Citx has not been able '-, '*-' c.-,.. .
ne~z4~riations with the o wrier of the m-o ,ertv' and
takera fk~r 't btic ~.,bi~t to t}~e mal:in~ o~'paying '*" ~t ' -',~" ' to
in t~. n ~mcFl'2rCX ded by_ la, ,:. anf
DO(:5~ t!ISR.~i~Y ORDAIN ~S FOiA,()X~ S
I0
oth~r monies al;at the City may haxe available or attai~ t'b~ the acquisition
dkected to enter into any and ail negotiations and sdpuiatio~s nccessz~Q' to acquhe the ptope[xy,
or undert~ke proceedings provMed by law to co~demm appropriate and take tl~e property and
carD' out the provisions o¢ th~s ordinance
SECT'ION 4. (Tuqt,lt, r &26 R('B~ The Chy Council elects not to compb' with the
proviskms of Chapter 8 26 RCW ~:¢r the purpose of acquiring the property
se~tences oftLis ordinance are held to be unconstkutional or invali& such decision shall not affec~
the validity of the remaining poxXk, n of this ordinance and the same shall remain in tt~t~ tbrce and
SECTION 6, [;//['clive Dora'. T¢~s ordinance ¢~all take er~mct and be m force
(lo) days fi-om and after its pas,age, approx ai a~d puNbsado~ as prodded b~,
:\PPROVED by the Ck5 Council the ......... day of'_
PAS>E D by the t t5 Counc I t da,, of
i"t' ('{'ix,i i :: i .3' "";
EXHIBIT A
That portion of the northeast quarter of the southwest quarter of Section
26, Township 25 North, Range I East, W.M, Kitsap County Washington,
more particularly described as follows:
Beginning at the southeast corner of said northeast quarter of the
southwest quarter; thence N 0°55'38'' E along the easterly line of said
subdivision 240.43 feet to the intersection with the extension of the
northerly line of Tract 177, o£the Silverdale Mobile Estates, also being the
TRUE POINT OF BEGINNING; thence leaving said easterly line, N
89°49'51" W along said extension and northerly line of Said Tract 177,
157.59 feet to the easterly edge of asphalt for NE Saturn Lane; thence N
0045'48'' E along said easterly edge of asphalt 150.23 feet to the
southwest comer of Tract 212, of said Silverdale Mobile Estates; thence
leaving said easterly edge, S 89°49'51' E along the southerly line of said
Tract 216 and extension thereof, 158.02 feet, to the intersection of said
southerly line and the said easterly line of said subdivision; thence S
0055'38'' W along said easterly line 150.23 feet to the TRU"E POINT OF
BEGINTNING.
Except that portion described as follows:
Beginning at the southeast corner of said northeast quarter of the
southwest quarter; thence N 0°55'38" E along the easterly line of said
subdivision 291.28 feet; thence N 89004'22'' W 75.12 feet to the an
existing 6 foot chain link fence and the TRUE POINT OF BEGINNING;
thence along said fence, N 0°55'38" E 50 feet; thence along said fence, N
89004'22" W 50.00 feet; thence along said fence, S 0o55'38" W 50.00
feet; thence along said fence, S 89°04~22'' E 50.00 feet to the TRUE
POINT OF BEGIN~NING.
DATE SUBMITTED: December23, 2003 BILL # 0q" 00~
AGENDA BIIJ. 7C
CITY OF BREMERTON
CITY COUNCIL
SUB'CT: Resolution#,~/7 Settinga Committee Meefing Date: January 13, 2004
Hearing Date of February 11, 2004 for COUNCIL MEETING Date: January 21, 2004
Vacating the'Northerly Portion of'the Alley Department: PW&U, Engineering
Bounded by Naval Avenue, Olympic Presenter: Michael C. Meeham
Avenue, 11' Street and 10' Street. Phone: 360-473-5288
SUMMARY: The City is initiating the vacation of the northerly portion of the alley bounded by
Naval Avenue, Olympic Avenue, 11' Street, and l0ta Street. This fight-of-way vacation would
eliminate an entrance onto a busy urban arterial and improve traffic and pedestrian safety. This is a
Class II fight-of-way and compensation is not required in accordance with BMC 11.20.080. The
recommended action is to set a public hearing date of February 11, 2004 for this proposed vacation.
A'FrACHMENTS: 1.) Resolution
FISCAL IMPACTS (Include Budgeted Amoum): None.
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
FISCAL/BUDGET: .Zff)~~~ CONSENT AGENDA []
oPF TIONS: -
COUNCIL PRESIDENT: '-~'~ ~ .
RECOMMENDED MOTION: ! move to pass R~solution # ~c~ I '~ , setting a hearing date of
February ! l, 2004, for vacating the northerly portion or'the alley bounded by Naval Avenue, Olympic
Avenue, ! !ta Street, and 10~ Street.
RESOLUTION NO. ~c~{ 7
A RESOLUTION of the City Council of the City of
Bremerton, Washington, establishing a heating date for the
proposed vacation of the northerly portion of the alley bounded by
Naval Avenue, Olympic Avenue, 1 lth Street and 10th Street.
WHEREAS, the City has initiated the vacation of the northerly portion of the
alley bounded by Naval Avenue, Olympic Avenue, 11th Street and l0th Street, NOW
THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. A public heating will be held on February 11, 2004, at 5:30 p.m. or
later at the Bremerton City Hall, 239 Fourth Street, Bremerton, Washington, to take public
comment or consider written objections to the vacation.
SECTION Z If fifty pement or more of the property owners abutting said tight-
of-way file written objections to this action prior to the time set for public hearing herein, the
hearing shall be canceled and there shall be no further proceedings under this resolution.
SECTION 3. Severabilit¥. If any one or more sections, subsections, or
sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this Resolution and the same shall remain in full
force and effect.
SECTION 4. Effective Date. This Resolution shall take effect and be in force
immediately upon its passage.
PASSED by the City Council of the City of Bremerton, Washington this __
day of ., 2004.
Council President
APPROVED AS TO FORM: ATTEST:
ROGER A. LUBOVICH, City Attorney City Clerk
R:\LEGAL\Resolutions\Vacation Naval Olympic 1 lth and 10th.hrg.doc
1
Alley Naval, Olympic, 11t~' & lOth Vacation -Public Hearing