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Home My WebLink About01/14/04 AGENDA FILE 239 4th Street · Bremerton, WA 98337 · Phone (360) 478-5280 · Fax (360) 478-5251 CITY COUNCIL MEETING AGENDA JANUARY 14, 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 A. Minutes of Meeting - December 10, 2003 (#AB04-001) 4. CLAIMS/CHECK REGISTERS 5. COUNCIL MEMBER REPORTS 6. MAYOR'S REPORT 7. PUBLIC RECOGNITION - Comments limited to 3-minutes 8. NEW BUSINESS - There are no New Business items this week... 9. PUBLIC HEARINGS - ORDINANCES & RESOLUTIONS A. Ordinance [First Reading], vacating the easterly portion of the alley bounded by Warren Avenue, Park Avenue, 8~h Street, and 10th Street (#AB04-002) 10. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING E-rnail: citycouncil@ci.bremerton.wa.us · Web: wv~v. ci.bremerton.wa.us DATE SUBMITTED: December 10, 2003 BILL # AGENDA BILL~ CITY OF BREMERTON CITY COUNCIL SUBJECT: MinutesofMeeting- Committee Meeting Date: N/A December 10, 2003 COUNCIL MEETING Date: December 23, 2003 Department: City Council Presenter: Carol Arends Phone: (360) 473-5280 SUMMARY: Attached are the minutes for the Council Meeting held December 10, 2003. ATTACHMENTS: Minutes for December 10, 2003 FISCAL IMPACTS (Include Budgeted Amount): 0 APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: F1NANCE DIRECTOR: MAYOR: FISCAL/BUDGET: CONSENT AGENDA [] OPERATIONS: COUNCIL PRESIDENT: . RECOMMENDED MOTION: Move to pass the Consent Agenda as presented. COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action / TAPE #1924 CITY COUNCIL MEETING MINUTES December 10, 2003 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4th Street, Bremerton, Washington, Wednesday, December 10, 2003, at 5:30 P.M., with Council President Carol Arends presiding. Council members present were Mike Short, Mike Shepherd, Ed Rollman, Cecil McConnell, and Brad Gehring. Council members Daren Nygren, Eric Younger, and Will Maupin were absent. Also present were City Attorney Roger Lubovich; Deputy City Clerk Paula Johnston; and Legislative Assistant Lori Smith. The meeting opened with the Pledge of Allegiance led by Council Member Cecil McConnell, followed by the invocation provided by Pastor Jonathan Oleson of Sylvan Way Baptist Church. President Arends made the following announcements: 1. The Pre-Council session was held in the Council Conference Room from 5:00 to 5:30 PM to discuss updates to the agenda; 2. The Agenda for this evening was being amended to add six items under "INTRODUCTION OF NEW BUSINESS ITEMS" in lieu of next weeks Council Committee meeting due to the ongoing budget discussions; and 3. Items 9(C), 9(D), 9(E), 9(F), and 9(G) were pulled from the Agenda tonight. CONSENT AGENDA A. Minutes of Meeting - November 25, 2003 (#AB03-223) B. Contract between the CITY OF BREMERTON and BREMERTON HOUSING AUTHORITY for Supplemental Police Services (#AB03-224) #0012 M/S/C/U (McConnell/Rollman) 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. #0033 M/S/C/U (McConnell/Rollman) On December 10, 2003, the Council approved payment for Check Numbers 283737 through 286659; and EFT-7952A through EFT-7963 in the total amount $2,895,612.14; Regular Payroll in the amount of $1,107,714.35 for the pay-period ending November 30, 2003; and Retiree Payroll in the amount of $140,851.91 for the pay- period ending November 30, 2003. President Arends read a statement indicating that the council office has been receiving phone calls about an article in The SUN newspaper about a citizen's petition relating to a downtown tunnel. Based on these calls, there seems to be some confusion about the source of the petition and when Council will consider the tunnel or its alternatives. Contrary to what may be inferred by the petition, the petition did not originate, nor is it being circulated by the city. It was prepared and is being circulated by a citizens group opposed to a tunnel. Additionally, the matter has not been scheduled by the City Council for its consideration and it will not be scheduled for consideration by the Council this year. TAPE #1924 City Council Reg. Mtg. Minutes December 10, 2003 Page 2 of 4 COUNCIL MEMBER REPORTS Brad Gehrinq enjoyed attending several First Friday Art Walk events last week. Cecil McConnell commented on the road barricades inadvertently left up after the conclusion of horse-drawn carriage rides as part of the First Friday Art Walk activities. Ed Rollman reported on issues discussed at the Cen Corn Policy Board meeting on Tuesday; thanked the Bremerton High School Band and the Bremerton merchants for sponsoring the downtown activities at the First Friday Art Walk; and lastly, thanked all of the citizens who called him with their opinions regarding the proposed tunnel. Mike Shepherd also attended the First Friday Art Walk events; and expressed his appreciation to those citizens who provided their opinion on the proposed tunnel. Carol Arende discussed her attendance at the First Friday Art Walk, which she enjoyed. MAYOR'S REPORT - Mayor Bozeman... · Provided a brief update of the major projects currently taking place in the City, and thanked the City Council for their support that made these projects possible; · Introduced Tom Baker, of the Electronics Division who was pleased to announce the receipt of a $19,536.00 Energy Grant received by PUGET SOUND ENERGY; and · Presented Ed Rollman with a "Key to the City" in honor of his service as a City of Bremerton Council member for the last four years. PUBLIC RECOGNITION Charleen Burnette with BKAT, encouraged citizens to volunteer their services for BKAT. Les Eathorne read a statement suggesting the new Police Station be named in honor of Art Morken, for his years of service to the community. June Waterson encouraged citizens to make their major purchases, especially cars, within the County to keep the local tax money in the community. Gordy Byrd informed the Council that former Council member Morrie Dawkins is now suffering from Alzheimer's. Del Knauss urged the Council not to raise the excise tax to balance the budget. Gary Christianson expressed his concern that the City now requires landlords to obtain a business license for rentals. 8A - PROFESSIONAL SERVICES AGREEMENT WITH ROBINSON & NOBLE, INC. FOR ANDERSON CREEK WELLFIELD IMPROVEMENTS {#AB03-225): Ned Lever, Engineering, explained that based on an evaluation of qualified consultants, the City selected ROBINSON & NOBLE, INC. to provide geological consulting services for the Anderson Creek Wellfield Improvements. The project includes drilling three wells, rehabilitation of several wells, well abandonment, and other additional services. The not-to-exceed amount of the agreement is $131,000. There were no comments from the public. TAPE #1924 City Council Reg. Mtg. Minutes December 10, 2003 Page 3 of 4 #1221 MISlCIU (Shepherd/Short) Move to approve a professional services agreement with ROBINSON & NOBLE, INC., to provide consulting services for the Anderson Creek Wellfield Improvements project, in an amount not to exceed $131,000, and authorize the Mayor to finalize and execute the Professional Services Agreement. 9A- ORDINANCE NO. 4877 [SECOND READING1 CREATING CHAPTER 2.01 TO THE BREMERTON MUNICIPAL CODE RELATING TO "PERS" ELIGIBILITY (#AB03-222): The first reading of the ordinance was heard on November 25, 2003. There were no comments from the public. #1350 M/S/C/U (Short/McConnell) Move to pass Ordinance No. 4877 on second reading and further to approve the request of Former Mayor Lynn Ho[ton to reimburse her the employer's contribution, plus interest towards her PERS account. 9B - ORDINANCE [FIRST READING] APPROVING AMENDMENT TO ORDINANCE NO. 4826, RELATING TO THE FY 2003 BUDGET (#AB03-226): Michael Wilson, Finance Director, stated that the City Council passed Fiscal Year (FY) 2003 City Budget Ordinance (Ordinance No. 4839) on December 11, 2002. Certain programs have been implemented and actions taken during the year resulting in the need to amend revenues and expenditures within the 2003 City Budget ordinance. There were no comments from the public. #1635 M/S/C (Rollman/Short) Move to approve the attached ordinance on first reading, amending Ordinance No. 4826 relating to the City of Bremerton FY 2003 Budget. Voted in favor of Motion: Gehring, McConnell, Rollman, Short, and Arends Voted opposed to Motion: Shepherd Motion carried: 5-Yes; 1-No ~"' ~Dn""^."!CE [rF!RST REAn~k'~r'-[ AnnDT~k~G THE 200~ .^.H.~!U.'~.L =-UDGET;. (~ This item was pulled from the agenda... on OR--n!.k!ANCE IF'DST DZ;:&n!I~'IGll I.-IID~n.A..'.I'!.K!G 5~C CH.~.PTER '2 n, D^TCe ^~,n FEES (#AB03-33~ This item was pulled from the agenda... (~J~L~ZG)-This item was pulled from the agenda... ,',,On,k,^k,,"'C [FIRST aCArtllLll"~-I ^&IcMr'bIKI~-_ OlKJP PLJADTCD '2 0''2 CO.~5.~EERClAL p^m,-,k,~.........= ?^v.._. ,.~^nO'2. .._ - -'~30~, This item was pulled from the agenda... a~ 0Dn'NSNCE [F!RST RE~D!."!G':, ec'n',~,~_ DA?Ce Akin FEES F0D "A~'A'rcDt {~ This item was pulled from the agenda... TAPE #1924 City Council Reg. Mtg. Minutes December 10, 2003 Page 4 of 4 INTRODUCTION OF NEW BUSINESS ITEMS -[In lieu of the Committee meeting, staff members presented "Info Only" reports on the following items - no Council action was taken...] · Purchase of Property lnsurance · HOME Fund Allocation to Kitsap Community Resources · Purchase of Backhoe Loader · Resolution setting a Hearing Date for Street Vacation · Sales Tax Revenue Sharing Agreement with Kitsap County · Kitsap County Jail Contract for Prisoner Housing The meeting of the City Council was adjourned at 7:40 P.M. Prepared and Submitted by: LORI SMITH Legislative Assistant Attest: PAULA JOHNSTON, Deputy City Clerk CAROL ARENDS, City Council President City of Bremerton CNP J/Is/cge DATE SUBMITTED: December 16, 2003 BILL # 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: PT&U, Engineering ALLEY BOUNDED BY WARREN AVE, Presenter: Michael C. Mecham PARK AVE, 8TM STREET & 10TM STREET. Phone: 473.5288 SUMMARY: The City initiated the vacation of the easterly portion of the alley bounded by Warren Avenue, Park Avenue, 8th Street and 10t~ 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 # __. B. Site Map FISCAL IMPACTS (Include Budgeted Amount): No Impact. APPROVALS: ~ ~ DEPARTMENT DIRECTOR: j CITY ATTORNEY: ~_~ .... _ ~-~ FINANCE DIRECTOR: '.--'"'"'2' ~ ~ )~ MAYOR: ~ ~--~_ ~ FISCAL/BUDGET: ~ '~ - ~ ................... CONSENT AGENDA ~ CO~CIL PRESIDENT: . .~&~ dg-~ ~-~&~ ' ~ RECOMMENDED MOTION: A, I move to approve the attached ordinance on first reading, vacating the easterly potion of the alley th th bounded by Warm Avenue, P~k Avenue, 8 Street and 10 Street. B. I move to pass Ordin~ce ~ ~ on second reading, vacating the e~terly po2ion of the alley bounded by Wa=eh Avenue, P~k Avenue, 8m 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. AN ORDINANCE of the City Council of the City of Bremerton, Washington, relating to the vacation of streets, vacating the easterly portion of the alley bounded by Warren Avenue, Park Avenue, 8th Street and 10m 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 Brernerton; and WHEREAS, the City passed Resolution No. declaring its intention to vacate th th the easterly portion of the alley bounded by Warren Avenue, Park Avenue, 8 Street and 10 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 right- 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: SECTION1. The foregoing recitals are incorporated as if fully set forth herein. SECTION2. The easterly portion of the alley bounded by Warren Avenue, Park Avenue, 8th Street and 10th Street in the City of Bremerton, as described in Exhibit A, which is 1 Street Vacation- Alley Warren, Park, 8tn Street, 10tn Street attached and incorporated herein by this reference, is hereby vacated to the abutting property owners including any and all easements contained therein. SECTION 3. Reservation of Easements. 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 for operation, maintenance and repair of gas lines and appurtenances over, under, upon and across the existing facilities within the area vacated pursuant to this ordinance. c. An easement is reserved for Qwest Corporation to construct, reconstruct, modify, change, add to, operate, maintain, and remove telecommunication facilities, and appurtenances over, under, upon and across the existing facilities within the area vacated pursuant to this ordinance. SECTION4. No vested rights shall be affected by the provisions of this ordinance. SECTION 5. 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. CAROL ARENDS, Council President Approved this day of _, 2004. CARY BOZEMAN, Mayor 2 Street Vacation- Alley Warren, Park, 8th Street, l0th Street ATTEST: APPROVED AS TO FORM: City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the day of ., 2004. EFFECTIVE the day of ., 2004. ORDINANCE NO. R :\LEG A L\Ordinanc es\Public Works & Utilities\Vacation - Warren, Park, 8th & 10th.doe 3 Street Vacation- Alley Warren, Park, 8~h Street, ll~h Street EXHIBIT "A' Legal Description Street Vacation North / South Alley between 10~ Street, and the alley between Warren Avenue and Park Avenue. Said easement being the entire North / South Alley on the south side of l0th Street, between 10t~ 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. ~- ~... ~-- aC) __ '11 '~.. i ' ~ ...L - z ~. ~ ~ ... ~ ~ - ~