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CITY COUNCIL 345 6th Street, Suite 603, Bremerton, WA 98337-1873 C6 (360) 473-5280
***AMENDED***
OCTOBER 5, 2005
CITY COUNCIL MEETING AGENDA
1. PRE..cOUNCIL STUDY SESSION: 5:00 - 5:30 P.M. in COUNCIL CONFERENCE ROOM 603
A. General Council Business
2. CALL TO ORDER: 5:30 P.M. in COMMUNITY CHAMBERS LOCATED ON FIRST FLOOR
A. Pledge of Allegiance
B. Invocation
3. MAYOR'S REPORT
4. PUBLIC SERVICE ANNOUNCEMENTS
5. CONSENT AGENDA
A. Claims & Check Register (#AB05-225)
B. Minutes of Meeting - September 21,2005 (#AB05-226)
C. Minutes of Meeting - September 28, 2005 (#AB05-227)
D. Bid Award to THYSSEN KRUPP ELEVATOR for Hydraulic Passenger Elevator Replacement
and Modernization at the 4th Street & Washington Parking Garage (#AB05-228)
E. Contract Award to NORDIC CONSTRUCTION, INC. for Reservoirs No. 21 & 22 Seismic
Upgrade Project (#AB05-229)
F. Transfer of Risk Management Funds to General Fund (#AB05-230)
6. PUBLIC HEARINGS
A. Resolution No. 2981 regarding Purchase & Sale Agreement with BEALKO, INC. of $1.4
Million for 38.89 acres of City-owned Surplus Property in Tracyton (#AB05-231)
7. GENERAL BUSINESS
A. Purchase and Sale Agreement betv.:een the City of Bremerton and CHEVRON U.S.A. INC.
regarding 3cquisition of real property adjacent to E'.(ergreen Park (ltAB05 207) Item pulled
B. Resolution No. 2980, amending the City Council Rules & Procedures to allow "Telephonic
Appearance" (#AB05-222)
C. Request to amend Comprehensive Plan outside the Biennial Process (#AB05-232)
8. PUBLIC RECOGNITION
9. COUNCIL MEMBER REPORTS
10. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING
. Americans with Disabilities Act (ADA) accommodations provided upon request. Those requiring special
accommodations should contact the City Clerk's Office at (360) 473-5323 by noon on the Monday preceding the
Council meeting.
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CITY COUNCIL MEETING
SPEAKERS LIST
PLEASE NOTE THAT ALL REQUESTS FOR INFORMATION FROM THE CITY OF
BREMERTON MUST BE SUBMITTED IN WRITING.
THANK YOU.
PLEASE PRINT YOUR NAME BELOW IF YOU PLAN TO
SPEAK DURING THE COUNCIL MEETING TONIGHT
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10/05/05 louis Mentor Boardwalk Memorial
-- - ----------- / --------
GratefuCC'Y ac~nawCed8es
] antes tf. parks
Jor fiis dedicated service to tfie cornrnunit'Y
Si8ned tfiis 28th da'Y of septernber, 2005
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J;ta'lor car 'Bozeman 1)aren :N'll3ren. Prest ent
'Bremerton Cit':! counci(
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{iratefuCCy acknowCedges
"'Rayn6ow "
.for !iis Coyafty to !iis owner James 'E. Parks ancC !iis
cCedicatecC service to t!ie community
SignecC t!iis 28tft cCay of September, 2005
r:~ ~ :D-- ~/ ,
Mayor C~ry 130zeman 'Daren NYBren, lIr~sicCent
13remerton City Counci{
CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 C6 Phone (360) 473-5280
PROCLAMATION
WHEREAS, at the end of World War II many people wanted to share our country's
abundance with European war victims; and Church World Service and CROP's first purpose
was to gather wheat and other crops from U.S. farms for shipment to Europe; and,
WHEREAS, today, locally~organized, Church World Service~sponsored CROP WALKS
are an important part of community life for more than 2,000 towns and cities in the United
States, bringing together people of different faiths, diverse cultures, and all age groups; and,
WHEREAS, in the last 16 years alone, CROP WALKS have raised over $200 million to
bring help and hope to people in need in more than 80 countries, including the U.S.; and,
WHEREAS, each year CROP WALKS help more than 3,200 local food pantries, food
banks, and meal sites in the U.S. provide food to neighbors in need, including our own food bank
in Bremerton; and.
WHEREAS, the Annual CROP WALK will be held on Sunday, October 16th to help our
community become aware of and concerned about hunger and its causes; and,
WHEREAS, the CROP WALK will raise funds to help stop hunger both locally and
globally;
NOW, THEREFORE, I, Daren Nygren, President of the Bremerton City Council, do
hereby proclaim Sunday, October 16, 2005 as
CROP WALK DAY
In the City of Bremerton, and urge the citizens of our community to support this CROP WALK.
SIGNED this 5th day of October 2005.
y~/~
Daren Nygren, President
Bremerton City Council
CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 C6 Phone (360) 473-5280
PROCIAMATION
WHEREAS, Ebenezer Mrican Methodist Episcopal Church is at the
threshold of culminating the year-long celebration of its 93rd Anniversary; and
WHEREAS, the City of Bremerton recognizes Ebenezer Mrican
Methodist Episcopal Church as one of the oldest churches in Bremerton; and
WHEREAS, through the efforts and accomplishments of Ebenezer AME
Church, they have made our community a better place to live; and
WHEREAS, Ebenezer AME Church has the vision to expand to support
their on going ministry; and
WHEREAS, the City of Bremerton joins hands with the surrounding
communities in celebrating and sharing this historical moment;
NOW, THEREFORE, I, Daren Nygren, President of the Bremerton City
Council, do hereby proclaim October 23, 2005 as
Ebenezer A.M.E. Church
93rd Anniversary Celebration Day
SIGNED this 5th day of October, 2005.
\ ' ~~
Daren Nygren, President
Bremerton City Council
f<
DATE SUBMITTED: BILL # 05'~..:2 ~
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL 5A
........................................................................................
SUBJECT: Approval of Claims and Checks Committee Meeting Date:
Register COUNCIL MEETING Date: ~.".) 005
Department: inancial Services
Presenter: Cathy J oh11son
Phone: 473-5296
SUMl\1ARY: Consent agenda item. Approval of payroll, checks and electronic fund transfers.
ATTACHMENTS:
FISCAL IMPACTS (Include Budgeted Amount):
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
FISCAL/BUDGET: CONSENT AGENDA ~
OPERATIONS:
COUNCIL PRESIDENT: y~ 0'fV" ~
RECOMMENDED MOTION: Move to approve: -
1) Check #s 30300L through .3031 bY- and EFTs through
intheamountof$ Bq--')/~Cjl. Lla-. B~I-gCoOt.f 9fol~ -6lJi8 ...
. . 6606-. fol5 0~'P1 6folL/-P
2) Regular payroll for the pay period ending in the amount of$
3) Retiree payroll for the pay period endin~ tf ~4 ';"OOS'in the amoilllt of $ 7 3, ~ l.f.f. () i
COUNCIL ACTION: ~prove o Deny o Table o Continue o No Action
DATE SUBMITTED: BILL # 05-d.~~
AGENDA BILL
CITY OF BREMERTON 53
CITY COUNCIL ........................................................................................
SUBJECT: Minutes of Meeting - Committee Meeting Date: N/A
...... COUNCIL MEETING Date: ()vfob~ S; d 0 D,~
..)e pf e l"vl b-e-y d-II ;) 0 Dr Department: City Council
Presenter: Daren Nygren,
Council President
Phone: (360) 473-5280
SUMMARY: Attached are the minutes for the Council Meeting held Se f fe.m be--,- :2 ( .;( D i> S-'
I
ATTACHMENTS: Minutes for Sepfe-r",J:'Ji&- d-I dDD~
I
FISCAL IMPACTS (Include Budgeted Amount): 0
APPROV ALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
FISCAL/BUDGET: CONSENT AGENDA cg]
OPERATIONS:
COUNCIL PRESIDENT: ~~
RECOMMENDED MOTION: Move to pass the Consent Agenda as presented.
COUNCIL ACTION: n AODfove n Denv n Table n Continue n No Action
DIGITAL RECORDING
CITY COUNCIL MEETING MINUTES
September 21, 2005
The weekly meeting of the City Council of the City of Bremerton was called to order in the City
Council Chambers, 345 6th Street, Bremerton, Washington, Wednesday, September 21, 2005,
at 5:30 P.M., with Council President Daren Nygren presiding. Council members present were
Mike Short, Will Maupin, Dianne Robinson, Mike Shepherd, Wendy Priest, Cecil McConnell,
and Brad Gehring. Council Member Carol Arends was absent. Also present were City Attorney
Roger Lubovich; 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 Council Member Dianne Robinson.
President NVQren made the following announcements:
1. A Pre-Council session was held in the Council Conference Room to discuss updates to the
meeting agenda; which included a 15-minute Executive Session to discuss "Pending
Litigation" per RC.W. 42.30.110(1 )(i); and
2. Item 7 A under GENERAL BUSINESS was pulled from the agenda tonight.
MAYOR'S REPORT Mayor Bozeman...
. Was pleased to see the completion of liThe Frank Chopp Place", formerly Chester Manor;
. Acknowledged the work ahead for the Council, listing several upcoming items they will need
to make decisions on including the proposed consolidation of the Bremerton Housing
Authority and the Kitsap County Consolidation Housing Authority; the relocation of Municipal
Court; sale of the Tracy ton Watershed property; acceptance of the Chevron property for
expanding Evergreen Rotary Park; and the FY2006 Budget by the end of December; and
. Announced that Ken Mickelsen will soon begin a tree-thinning project for Lions Park.
PUBLIC SERVICE ANNOUNCEMENTS
Debora Woodard, NAACP, Bremerton Branch, announced several upcoming events including
the "Community Service Healthcare Event" this Saturday from 10:00 AM to 2:00 PM at the
Norm Dicks Center; a 5-week "Back to School, Stay in School" program and "Earn to Learn"
program beginning on Saturday, October 1 from 9:30 AM to 12:30 PM at the West Sound Skill
Center; and the "Reach for Success Parent's Fair" on Thursday, October 13 from 5:30 to 8:30
PM at the Bremerton High School Auditorium.
President NVQren proclaimed the Month of September 2005 as "PTA Membership Month";
and proclaimed October 12, 2005 as "Walk Across Washington Day".
CONSENT AGENDA
A. Checks 302636 through 302829; EFT-8579 through EFT-8587for the period ending
September 21, 2005 in the amount of $659,066.70 (#AB05-210)
B. Minutes of Meeting - September 7,2005 (#AB05-211)
C. Minutes of Meeting - September 14, 2005 (#AB05-212)
D. Contract Amendment with DURA COATINGS, INC. for Painting Services for the Louis
Mentor Boardwalk (#AB05-213)
E. Rental Agreement with Peter Voight III for Kitsap Lake House (#AB05-214)
F. Interlocal Agreement with Kitsap County for Funding Assistance related to the
Construction of the Skatepark (#AB05-215)
G. PC Replacement Program through Washington State WSCA Contract (#AB05-216)
-------
City Council Reg. Mtg. Minutes
September 21,2005
Page 2 of 6
H. Interlocal Purchasing Agreement with ISLAND COUNTY FIRE DISTRICT 1 (#AB05-217)
I. Professional Services Agreementwith DAVID SMITH & ASSOCIATIONS, INC. for Acquisition
of Orthophotography and Aerial Mapping Services (#AB05-218)
J. Professional Services Agreement with WILLIS OF SEATTLE, INC. for Insurance Broker
Services Contract (#AB05-219)
There were no comments from the public.
5:42:30 M/S/C/U (McConnell/Short) Move to approve Consent Agenda as presented.
6A - PUBLIC HEARING AND RESOLUTION NO. 2979 ADOPTING THE CITY OF
BREMERTON WASTEWATER COMPREHENSIVE PLAN (#AB03- 220): Phil Williams, Public
Works & Utilities Director, narrated the POWER POINT presentation made to summarize the
Wastewater Comprehensive Plan; as well as explained that the City of Bremerton desires to
plan for future growth in its wastewater service area. The Wastewater Comprehensive Plan
provides a means to evaluate future wastewater collection system and treatment plant needs.
This new Wastewater Comprehensive Plan will replace the current 1995 plan, and will bring the
City into compliance with all State Department of Ecology regulations for Wastewater
Comprehensive Plan elements as specified in WAC 173-240-050. This plan outlines a detailed
strategy to improve redundancy in bio-solids handling, transport, and application. It also
increases reliability of treatment operations by improving emergency power capability.
There were no comments from the public.
Mr. Gehrinq asked questions about the use of membrane [filtering] technology for nutrient
removal. Mr. Williams responded that it was one available technology, but might be
expensive, and discussed a few other available treatment processes.
Mr. Shepherd asked if the City had considered purchasing the homes along the Beach Main.
Mr. Williams responded that if it was only one or two homes that would be considered, but
there are many homes affecting the Kitsap Lake Beach Main.
Mr. Maupin raised concerns about failing septic systems on Marine Drive.
6:11 :00 M/S/C/U (Short/Maupin) Move to pass Resolution No. 2979, adopting the City of
Bremerton Wastewater Comprehensive Plan.
6B - PUBLIC HEARING AND ORDINANCE NO.. 4948 VACATING THE NORTHERLY 850
FEET OF RUSSELL ROAD TO OYSTER BAY AVENUE (#AB05-221): Michael Mecham, City
Engineer explained that the City received a petition from Bremerton Housing Authority to vacate
the northerly 850 feet of Russell Road to Oyster Bay Avenue for the development of an assisted
senior housing complex within Westpark. The road will be relocated southerly of its current
position. This date was scheduled for a Public Hearing in accordance with state law and the
Bremerton Municipal Code on the proposed ordinance vacating the subject property. This is a
Class I right-of-way, and compensation will be paid by dedication of a like-kind right-of-way in
the anticipated redevelopment of Westpark.
There were no comments from the public.
6:14:45 M/S/C/U (Shepherd/Maupin) Move to adopt Ordinance No. 4948, vacating the northerly
850 feet of Russell Road to Oyster Bay Avenue.
7A RESOLUTION NO. 2900 J\MENDING THE CITY COUNCIL RULES AND PROCEDURES
TO ALLOW "TELEPHONIC APPEARJ\NCE" (#1\803 141): Item pulled
City Council Reg. Mtg. Minutes
September 21 , 2005
Page 3 of 6
7B - SALE OF FIRE STATION 1 (#AB03-142): President NYQren stated that the City has
received two proposals to purchase Fire Station 1. One from the PORT OF BREMERTON for the
location of a fire museum; and another from LEX DIAMOND COMPANY for locating a restaurant
and office space.
Tim Thompson, Chief Operations Officer from the PORT OF BREMERTON, discussed the PORT'S
proposal to purchase Fire Station 1 and then leasing it to FIRE SERVICE MUSEUM NORTHWEST
(FSMNW) with an option for the museum to purchase the property.
Ken Boad discussed the 3-year effort by FSMNW to utilize Fire Station 1 for a museum during
a POWER POINT presentation.
Elie Benaron, CEO of LEX DIAMOND COMPANY explained his desire to purchase the building;
and also included an offer to provide use of the building to FSMNW for one-year to see if the
museum can be successful.
Don Forth, firefighter with the City of Portland, Oregon, shared his experience of a similar and
successful operation in Portland; and cautioned that even though a generous offer was made
by Mr. Benaron, it would probably take more time one-year to establish a first-quality museum.
Maryellen Babbit, as a home owner who lives directly behind fire Station 1, expressed her
reasons for favoring the use of the building for a museum, and not a restaurant because she
had concerns with the increased noise from a busier establishment.
Donald Green liked the idea of a museum, and offered to donate fire memorabilia.
Stanley Hess, Museum Curator of the AURORA V ALENTINETTI PUPPET MUSEUM, provided his
comments in favor of the fire museum.
Don Larson liked the idea of a fire museum combined with a Fire Station-themed restaurant
and brew pub, similar to Tacoma's Engine House Number 9.
Volunteer Battalion Chief Terry Bontraqer, representing SOUTH KITSAP FIRE & RESCUE,
provided comments in full support of using Fire Station 1 for a fire museum.
Council's questions to Mr. Benaron regarding his proposal:
Mr. Short asked Mr. Benaron if he purchased the building, what would he do if the restaurant
failed. Mr. Benaron stated that he would locate another business in the building because he
could not make any money from a vacant building. He also stressed that the art deco was
unique and he had no plans to change the structure.
Mr. Maupin asked more details of his vision. Mr. Benaron responded he would like to make it
a nice place where people could gather to eat and have a drink, more like a restaurant.
Mr. McConnell questioned why the previous use was listed as a "diamond store and pool hall".
Mr. Benaron explained he originally thought the brick building could be used as a diamond
store, but he then realized he would need the space for a parking lot.
Ms. Priest asked if Mr. Benaron has owned a restaurant before; and expressed her concern
about whether Mr. Benaron would be willing to register the building as a historical sight to
maintain the historical integrity of the building even after the 5-years indicated in the proposal.
City Council Reg. Mtg. Minutes
September 21,2005
Page 4 of 6
Mr. Benaron first acknowledged that he has owned a restaurant before; and that he had every
intention of preserving the art-deco section of the building. He also expressed his willingness to
negotiate a longer term, but was hesitant to register the building as a historic site because of
the limitations that would be placed on the land forever. After further discussion, he agreed to
consider registering the building as a historical site.
Council's questions to the Port of Bremerton regarding their proposal:
Mr. NVClren asked if the museum would be able to comply with ADA access requirements. Mr.
Loun stated that the primary portion of the museum that would have access for the public
would be located on the first floor.
Mr. Short reiterated his concern about maintaining the art-deco structure if the museum plan
fails and it is decided by the Port to put the building back on the market. Mr. Thompson stated
that if the building was put up for sale, it would be sold for the appraised value, and added that
the Port would work with the City to formulate the terms of the agreement that would be in line
with what the City wanted. They assured the Council that they have every intention of
preserving the art-deco structure, and may even expand the facade.
Ms. Priest also questioned accessibility requirements now that the Change-in-Use for the
building has gone from a "B Occupancy" to a "Place of Assembly". Mr. Loun stated they were
aware of the Change-in-Use, and said there would be no problem in complying with the new
requirements, and discussed a number of volunteers who will assist with the compliance.
Mr. GehrinQ commented that although he thinks that having this type of museum would be
good for Bremerton and for families, he cautioned that it will take quite a bit of cash flow to keep
this type of enterprise going. He felt that Mr. Benaron's generous offer should be considered,
and further suggested a cooperative effort.
Ms. Robinson expressed her support for using the building for a museum because she felt it
was in line with what the City was trying to do; and also was happy to hear that fire prevention
would be included.
Mr. Shepherd stated that he did his own research and believes that the marketing capability of
the fire fighters would help make this museum a great success.
7:07:20 M/S (Shepherd/Robinson) Move to approve the sale of Fire Station 1 to the Port of
Bremerton in the amount of $320,000; and authorize the Mayor to finalize and execute all
documents necessary in order to close the transaction.
No vote was taken as the discussion continued...
Ms. Priest stated she liked the idea of museum, but expressed a number of concerns,
particularly how they would create repeat business. She felt that the ideal situation would be a
combination of the two proposals to increase the tax base.
Mr. Maupin felt the fiscally responsible decision was to accept Mr. Benaron's proposal.
Mr. Short would also like to see a combination, but acknowledged that Bremerton needs
another restaurant, and another business on the tax rolls. He asked for restrictions on the use
of the building, and wanted the City to maintain some control about what is done with the
building if it is sold in the future.
City Council Reg. Mtg. Minutes
September 21,2005
Page 5 of 6
Mr. Priest asked if this item could be delayed to allow time for gathering more information.
Laura Lyon, Finance Director, addressed the financial implications related to this sale, and
indicated that it would be their desire to have the transaction concluded by the end of the year
to resolve the interfund repayment.
Mr. Gehrina felt the opportunity to create something unique with a fire station outweighed the
fiscal aspects of a restaurant.
President Nyaren stated for the record that he did his best to provide equal opportunity for
both groups to present their proposals to the Council; and indicated that several letters of
support would be added to the official record, as well as a memorandum from the City Auditor.
Mr. NYQren provided his opinion that by choosing the proposal from the PORT OF BREMERTON,
the City's options would remain open because of the generous offer from the Port to put the
building back on the market if the museum was not successful.
7:21 :29 Prior to the vote, Mr. Shepherd asked for a Point of Order regarding a possible
amendment to the Motion to include the requirement for registering the building for historical
preservation. Mr. Lubovich cautioned this action because the implications of such a request
were not fully known, and he only heard this request made by a few of the Council members.
He suggested that instead, the Council include a "friendly amendment" to the Main Motion that
the Final Agreement be brought back for "final Council approval".
A recess was taken from 7:30 to 7:36 PM...President NVQren cautioned the Council members
not to have discussions with the audience...
7:37:42 M/S/C (Shepherd/Robinson) Move to approve the sale of Fire Station 1 to the PORT OF
BREMERTON in the amount of $320,000; and authorize the Mayor to finalize and execute all
documents necessary in order to close the transaction, subject to Council final approval.
Voted in favor of the Motion: Shepherd, Robinson, Gehring, McConnell, Nygren
Voted in opposition to the Motion: Maupin, Short, Priest
Motion carried: 5-Yes; 3-No
PUBLIC RECOGNITION
Kelsey Himes and Danielle Prusaitis express their concerns about the increase in trash, litter
and pollution, particularly on the beach and along Navy Yard Highway.
Don Larson reported on the success of the "Sinclair Inlet Clean-Up Event" this past weekend;
and thanked all the participants and sponsors.
COUNCIL MEMBER REPORTS
Brad Gehrina discussed his attendance at the POW & MIA Remembrance Ceremony last
Saturday; sadly reported on the loss of his good friend John Horton who was killed in a
motorcycle accident on Sunday leaving a wife and four children. Lastly, he invited the public to
attend the "5th Annual Biker Blues Blast" this weekend on September 23 & 24 at the Jefferson
County Fairgrounds in Port Townsend to benefit veterans and the ABATE Scholarship Fund.
Cecil McConnell welcomed fellow Council Member Wendy Priest back.
City Council Reg. Mtg. Minutes
September 21, 2005
Page 6 of 6
Wendy Priest thanked Cecil and reported her baby is just recently letting her get some sleep!
She also encouraged citizens to volunteer to serve on the 1 % for the Arts Commission.
Mike Shepherd mentioned the tree-thinning project to take place at Lions Field next week; and
his plans to participate in the "Wild Salmon Hall of Fame Awards Dinner" on Saturday,
September 24 beginning at 6:00 PM at the Harborside Conference Center. Lastly, he reported
on the "One Church, One Family" program organized to provide relief assistance for Hurricane
Katrina victims.
Dianne Robinson also welcomed Wendy back.
Will Maupin reported on his attendance at the Puget Sound Regional Council (PSRC) Growth
Management Board; and the Kitsap Transit Board Meeting and Retreat. He was also pleased
to represent the City at the Navy Region Northwest luncheon, which included the unveiling of
new military housing.
Mike Short was pleased to attend the opening of "Frank Chopp Place".
Daren Nyqren was pleased to accept the "LiHi Award of Excellence" presented to the
Bremerton City Council for their contribution to "Frank Chopp Place" affordable housing; and
thanked the Council Members for their willingness to attend events on behalf of the City when
there are conflicts with his schedule.
With no further business, the regular meeting of the City Council was adjourned at 7:57 P.M.
Prepared and Submitted by:
LORI SMITH
Legislative Assistant
Attest:
PAULA JOHNSTON, City Clerk
DAREN NYGREN, City Council President
City of Bremerton
CA/PJ/ls/cge
DATE SUBMITTED: BILL # D5~d.;;)7
AGENDA BILL
CITY OF BREMERTON 5c,
CITY COUNCIL ........................................................................................
SUBJECT: Minutes of Meeting - Committee Meeting Date: N/A
Septelfvlbe1 as I ~ocS' COUNCIL MEETING Date: OCf()~A 5" JDO~
Department: City Council t
Presenter: Daren Nygren,
Council President
Phone: (360) 473-5280
SUMMARY: Attached are the minutes for the Council Meeting held Se po\- e"", Ioe.-r- ;;>. 8, d. 0 () S-
f
A TT ACHMENTS: Minutes for Septe""" Ioee a~ aOD~
.
FISCAL IMP ACTS (Include Budgeted Amount): 0
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
FISCAL/BUDGET: CONSENT AGENDA [2J
OPERATIONS:
COUNCIL PRESIDENT: ~~
RECOMMENDED MOTION: Move to pass the Consent Agenda as presented.
COUNCIL ACTION: n Approve n Deny n Table n Continue o No Action
DIGITAL RECORDING
CITY COUNCIL MEETING MINUTES
September 28, 2005
The weekly meeting of the City Council of the City of Bremerton was called to order in the
Meeting Chambers, Norm Dicks Government Center, 345 6th Street, Bremerton, Washington,
Wednesday, September 28, 2005, at 5:30 P.M., with Council President Daren Nygren
presiding. Council members present were Mike Short, Will Maupin, Carol Arends, Dianne
Robinson, Mike Shepherd, Wendy Priest, Cecil McConnell, and Brad Gehring. Also present
were City Attorney Roger Lubovich; City Clerk Paula Johnston; and Council Assistant Christine
Grenier.
The meeting opened with the Pledge of Allegiance led by Council Member Cecil McConnell,
followed by the invocation provided by Pastor Orin CovinQton of Central Kitsap Christian
Church.
President NVQren made the following announcements:
1. A Pre-Council session was held in the Council Conference Room to discuss updates to the
meeting agenda; and a 15-Minute EXECUTIVE SESSION was held to "Review the
Performance of a Public Employee" per RCW 42.30.110 (1) (g);
2. Invited the public to attend the Study Session immediately following the Council Meeting
and reminded the public that if anyone wishes to receive a copy of the agenda, feel free to
contact the Council Office at (360) 473-5280 or visit the City's website at
http://www.ci.bremerton.wa.us.
3. Commented that it has been some time since a full Council has been in attendance due to
extended absences by Council Members Wendy Priest and Carol Arends, and welcomed
them back.
PUBLIC SERVICE ANNOUNCEMENTS
Dale BurQener, Fraternal Order of Eagles, announced that the Annual Poker Run and Walk to
benefit Neurofibromatosis research will be held on October 8th at 10:00 AM beginning at the
corner at the Eagles Hall located at 6th & Washington, at a cost of $5 per person which will
include hotdogs provided after the event; and a breakfast will also be offered preceding the
event at 9:00 AM which will cost $3 per person.
CONSENT AGENDA
A. Checks 302830 through 303008; and EFT-8588 through EFT-8600 for the period ending
September 28, 2005 in the amount of $878,274.05; and Regular Payroll for the period
ending September 15,2005 in the amount of $646,695.47 (#AB05-224)
5:35:15 M/S/C/U (Priest/McConnell) Move to approve Consent Agenda as presented.
PUBLIC HEARINGS
5A- RESOLUTION NO. 2973 REAFFIRMING AND RATIFYING RESOLUTION NO. 2971
APPROVING BOUNDARY LINE ADJUSTMENT; AND AUTHORIZING QUIT CLAIM DEEDS
TO PROPERTY OWNERS ADJACENT TO THE CITY PROPERTY (CAPITAL HILL FIRE
STATION AND FOREST RIDGE PARK) (#AB03-173): Ken Mickelson, Parks and Recreation
Director explained that the City approved Resolution No. 2971 approving boundary line
adjustment and authorizing quit claim deeds to property owners adjacent to City property on
July6, 2005. Pursuant to BMC 13.12.020, following submission of a reporter recommending
the sale by the Parks and Recreation Board, two public hearings and unanimous approval by
City Council is required, in order to sell portions of the subject property. Proceeds from the sale
of the park property will be placed in the Contingency Fund and designated for Parks and
---_._._------~
~-------
I
City Council Reg. Mtg. Minutes
September 28,2005
Page 2 of 2
Recreation purposes. Public hearings were scheduled August 3, 2005 and September 28,
2005. Roaer Lubovich, City Attorney summarized that this is the second reading of this
resolution and Council will need to take action at this time.
There were no comments from the public.
Mr. Shepherd asked where proceeds of the sale would be directed. Mr. Lubovich responded
that the proceeds of the sale would first be placed in the Contingency Fund and then dedicated
back to the Parks Fund.
Mr. Gehrina requested for clarification regarding structures on the south side of the property,
specifically if the structures are located on parks or fire property. Mr. Lubovich answered that
it could not be determined at the time of the hear~ng.
Mrs. Arends was satisfied that details between property owners and the City have been worked
out, and would support the boundary line adjustments.
Mr. McConnell emphasized that these adjustments are necessary because initially the street
and property line do not line up and was an inadvertent encroachment. Mr. Lubovich affirmed
that the property owners would pay for property at fair value to correct this encroachment.
5:41 :45 M/S/C/U (Arends/McConnell) Move to pass Resolution No. 2973 reaffirming and
ratifying Resolution No. 2971 approving boundary line adjustments, and authorizing the Mayor
to execute quit claim deeds in favor of the residential property owners adjacent to the Capital
Hill Fire Station and Forest Ridge Park properties.
With no further business, the regular meeting of the City Council was adjourned at 5:43 P.M.
Council then reconvened in Council Conference Room 603 for a STUDY SESSION to hear
presentations on upcoming agenda items.
Prepared and Submitted by:
IL- - Jrt.~~~
' .?f:Lo
Christine Grenier
Council Assistant
Attest:
PAULA JOHNSTON, City Clerk
DAREN NYGREN, City Council President
City of Bremerton
CA/PJ/ls/cge
-----
DATE SUBMITTED: 9/21/05 BILL # OS -.;>.~~
AGENDA BILL
CITY OF BREMERTON 5))
CITY COUNCIL ........................................................................................
SUBJECT: Bid Award Recommendation - Committee Meeting Date: 9/28/05
Hydraulic Passenger Elevator Replacement COUNCIL MEETING Date: 10/05/05
and Modernization Department: PW&U
Presenter: Wayne Hamilton
Phone: X 5207
SUMMARY: Call-For-Bids was prepared, advertised, distributed and received in accordance with
City Bid Procedures. Two (2) bids were received. The low bidder is Thyssen Krupp Elevator,
Univeristy Place, Washington. The City of Bremerton uses this company for elevator service and
maintenance in its facilities and this company has proven to be a responsible, reliable and cooperative
company.
ATTACHMENTS: Bid Tabulation Form
FISCAL IMPACTS (Inc1ude Budgeted Amount): $80,000.00 ;'^- .fGt.v~vt~FuvoJ LOs-Caf)ita..I for 2ODS--'
APPROVALS: //<--<) / 'F .. If i,
DEPARlMENT DIRECTOR: y-'A:.f {~~
CITY ATTORNEY: \~<.- ~~~
FINANCE DIRECTOR:
MAYOR:
FISCAL/BUDGET: Al' ,
, CONSENT AGENDA (K1
-/"~I ,_ _ ?l ;<"".J"~) 4/ ' ._ -~' J
OPERATIONS: !1)~ ~ ~./
COUNCIL PRESIDENT:
RECOMMENDED MOTION: That the City Council approve the low bid of Thyssen Krupp
EleV~UthOrize the Mayor to execute the contract for the Hydraulic Passenger Elevator
Replac ent and Modernization, subject to City Administrative Policies and Procedures.
'"" 'f fl., . i
"I, , 1ri"l(;'(lA,'. ' ~j i I" \\;'l i\..r, 1 l
COUNCIL ACTION: 0 Approve o Deny o Table o Continue o No Action
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DATE SUBMITTED: September 19, 2005 BILL # 05- ~~'1
AGENDA BILL SE
CITY OF BREMERTON
CITY COUNCIL ...........................................................................................1
SUBJECT: CONTRACT AWARD - Committee Meeting Date: September 28, 2005
Nordic Construction, Inc.- COUNCIL MEETING Date: October 5, 2005
Reservoirs No. 21 & 22 - Seismic Upgrade Department: Public Works &
Utilities ~y
Presenter: Dan Miller
Phone: 473-2314 SUMMARY: Bids were opened on Wednesday, September 14,2005 for Reservoirs No. 21 & 22,
Seismic Upgrade Project. A total of seven (7) bids were received for the project (see attached Bid
Opening List).
The low bidder is Nordic Construction, Inc. from Tacoma, W A for the Total Lump Sum Bid of
$83,569.00. The total contract amount, including Washington State Sales Tax, is $90,755.93
The engineer's estimate was $121,000 to $128,000: Reservoir 21 (3MG) $91,500 to $94,000; and
Reservoir 22 (O.2MG) $31,000 to $34,000 (see attached Engineer Estimates).
ATTACHMENTS: Bid Opening List; Reservoir 21 & 22 Aerial Photos; Engineer Estimates; and
Nordic Construction, Inc. Reference Check.
FISCAL IMP ACTS (Include Budgeted Amount): Budgeted in Water 2005 in the amount of
$353,000 to include Reservoirs 10 N&S ($98,674), Reservoir 21, and Reservoir 22 for 100% cost
funded by FEMA-Hazardous Mitigation Grant Program.
APPROVALS: /-",
,
DEPARTMENT DIRECTOR,
CITY ATTORNEY: - -- ...-"................ _.~-". ~~., .,,""'
~--='=;="""":~-"""-'"'=
FINANCE DIRECTOR:
MAYOR:
FISCAL/BUDGET: ,a)j!!!};7k:~' - CONSENT AGENDAJIf
OPERATIONS: L-.d{/t1~#" t _e-<J;. .:;:_/ '. fi
COUNCIL PRESIDENT: -p~~ ~-
RECOMMENDED MOTION: That City Council approve the contract award to Nordic
Construction, Inc. in the amount of$90,755.93 including Washington State Sales Tax, and authorize
the Mayor to fInalize and execute the contract.
COUNCIL ACTION: 0 Approve o Deny o Table o Continue o No Action
err" of eREMERiO\'!
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SUNltJ\';:K'I':==-= ~::::Ic51]>'bl3"lCi-==~~~~;; f-SI\MA If- \\~c SA\.f-S I p;j..) $
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........_..--.---.. "...-_.----... _ . r~" -.--'"
CITY OF BREMERTON COST ESTIMATE
RESERVOIR 21 - SEISMIC UPGRADE
Location: 6002 Kitsap Way & Austin Drive (adjacent to NAD Park)
Capacity: 3MG
Tank Diameter: 95 Feet
Tank Height: 60 Feet
Reservoir 21 - Interior Concrete ,
- .> Foundation Ring:: ....
Task Measure Quantity Value Extension
- Mobilization and Clean Bottom ofTank
Each 1 $ 3,500.00 $3,500.00
- Tank Opening Cutting & Remove
Each 1 $ 1,000.00 $1,000.00
-
Tank Opening Re-Welding Each 1 $ 3,000.00 $3,000.00
-
Tank Repair / Repainting of Exterior/ Gasket Each 1 $ 5,500.00 $5,500.00
-
Caulking LF 290 $ 11.00 $3,190.00
-
Equipment (Heavy) month 1 $ 3,500.00 $3,500.00
-
Horizontal Welded Headed Anchors Each 580 $ 3.50 $2,030.00
Concrete Ring Cubic Yard 117 $ 325.00 $38,025.00
-
Subtotal $59,745.00
-
- General Conditions @ 14% $8,364
Subtotal $68,109
-
Insurance @ 1.15% $783
-
B & 0 Taxes@ 0.54% $368
Small Tools & Safety @ 3% $2,043
Performance & Payment Bond @ 1.5% $1,022
Subtotal $72,325
-
- Contractor's Overhead & Profit @ 8% $5,786
Subtotal $78,111
WSST @ 8.6% $6,718
Project Total $84,829
Contingency 10% $8,483
Engineer's Estimate $ 93,312
-
-
Estimate .................. Say ........................ $91~500 to $94~OOO.
Seismic Upgrade Estimates 8/15/05.DJM
CITY OF BREMERTON COST ESTIMATE
RESERVOIR 22 - SEISMIC UPGRADE
Location: Bremerton Watershed (Secured Site)
Capacity: O.2MG
Tank Diameter: 35 Feet
Tank Height: 32 Feet
Reservoir 22 - Exterior Concrete
Foundation Ring
Task Measure Quantity Value Extension
-- Sitework: EarthworklTrench & Backfill Cubic Yards $ 3,000.00
24 $3,000.00
--- Concrete Ring Cubic Yard 24 $ 325.00 $15,000,00
~ Caulking LF 110 $ 11.00 $1,208.90
~ Equipment (Heavy) month 1 $ 3,500.00 $3,500.00
Horizontal Welded Headed Anchors Each 110 $ 3.50 $770.00
~ LS $ 100.00 $100.00
Landscape Restoration 1
Subtotal $23,579
General Conditions @ 14% $330
~
Subtotal I $23,909
--
Insurance @ 1.15% $275
~
B & 0 Taxes @ 0.54% $129
~
Small Tools & Safety @ 3% $717
---- Performance & Payment Bond @ 1.5% ------------
$359
Subtotal --- $25,389
Contractor's Overhead & Profit @ 8% $2,031
Subtotal $27,420
-~._,-
WSST @ 8,6% $2,3581
-.
Project Total $29,718
--
Contingency 10% $2,978
I ---~-~-------~---
-- $ 32,756 j
Engineer's Estimate
----. -r------~
! """"",,- ~"'" i
i , i
---~---------------- --- -----------1-___~~_____ ..J
Estimate 000... ............... Say... ... ......... ..... $31,000 to $34~OOO.
Ssismic Upgfade Estimates 8tj 5j{J5.D.Ji~,t
<!dNORDIC CONSTRUCTION
General & Mechanical
FAX COVEF~ SHE E T
DATE: September 14, 2005
TO: City of Bremerton PHONE: (360) 473-2314
FAX: (360) 473-5018
ATTENTION: . Dan Miller
FROM: Martin Ericksen PHONE: (253) 922-3100
FAX: (253) 922-4594
:
! RE: Reservoirs No. 21 and 22 Seismic Upgrades
;
i Number of pages including cover sheet: 1
I
1
j
j Hello Dan,
The follow is a short list of references.
!
111 Rocky McElderry, Senior Project Manager Centennial Contractors, 206
730&7840
Dave Hall, Lakewood "'!ater District (253) 279-7514
III Bill Connolly, Chief of Maintenance, Yakima Research Station (509)
, 577 -3460 Ext. 107
, -
txu~ ~ III Jamey Barker, Senior Engineer, .<:ing County (206) 296-8444
p~/b;~M &#.IY;&l -Danny Miles, Snohomish County PUD(425) 783-8312
Virvl{ f3triL$f/a-tJ ~ I . \It Denis Fitzpatrick, USACE Retired, NACE Inspector. (253) 228-1137
~/h?til~ o'wod -:AAt:Lf George Jackson, Engineering Construction Coordinator, City of
Tacoma (253) 591-5789
III Anna Jacobs, U.S. Air Force ProjE~ct Manager, (253) 982-9026
WI.' M#~ Ran~y Parker, Ma~ac Construction, (360)871-8001
'W ~. . ''11M." DaVId Kingsbury, King County, (206) 263.3211
'd/f!, UIt;JaI) j ~Ukwenga OIaru, King County (206) 263-3214
1 ~ (.; wbd .. Patrick Kloster, Alutiiq (253) 964-1645
! -
l Thank you, Martin Ericksen
I
106 -- S51M Avenue East.. Tacoma, WA 98424-2426 .. Phone: 253-922-3100 " Fax: 253-922-4594
Contractor's License No. NORDICI11 OlZ "An Equal Opportunity Employer"
l d Lll8Ll0909 'ON/lp'9[ 'lSnp:9l 9003 pl 6 !01M) I~Nn~ ~la~ON WO~j
DATE SUBMITTED: September 15,2005 BILL # 05 - 230
AGENDA BILL
CITY OF BREMER TON SF
CITY COUNCIL
........................................................................................
SUBJECT: Rebate from Risk Management Committee Meeting Date: September 28, 2005
Fund COUNCIL MEETING Date: October 5, 2005
Department: City Attorney's Office
Presenter: Peggy Lesser ~~
Phone: 473-5302
SUMMARY: There is an immediate need to mitigate potentially dangerous conditions at Lions Field
and to re-equip Bremerton's police force with appropriate body armor. The Mayor proposes, and Risk
Management supports, rebate from theliisk Management Fund's higher-than-budgeted beginning fund
balance to fund these projects.
ATTACHMENTS:
1. Position paper outlining the proposed transactions.
2. Bullet Proof Vest Program Fact Sheet
FISCAL IMPACTS (Include Budgeted Amount): The Risk Management Fund's 2005 Ending Fund
Balance will be approximately $64,000 lower, but still within budget.
APPROVALS:
DEPARTMENT DIRECTOR: (--_....__.__~-::__..
~0~i{;~=~OR: ~~._- ._~
4' ). -7 ,
FISCAUBUDGET: / &0 .'- . :! 1/ ,. d .t / CONSENT ~ !X)
OPERA nONS. /4tr:AL_e:~, !.. ,_"-V /~d~".-/
COUNCIL PRESIDENT: ~~ ~ I
RECOMMENDED MOTION: I move that the City ounci1 authorize:
1. A rebate of$63,796 from the Risk Management Fund.
2. Expenditure authority for the Parks Department to make $20,000 of improvements at Lions Field.
3. A transfer of $20,000 from the Contingency Reserve Fund to the Police Department to be
reimbursed by the National Institute of Justice.
4. Expenditure authority for the Police Department to purchase body armor for $40,000.
COUNCIL ACTION: D Approve D Deny D Table D Continue D No Action
Proposed Rebate from Risk Management Fund
The Risk Management Fund began 2005 with a beginning cash balance of $1 ,365,572. This
exceeded the budgeted beginning fund cash balance by approximately $78,000. It also exceeded
the estimated liability of the fund at year-end 2004 by approximately $365,000. The Risk
Management Fund's performance during 2005 is expected to remain within budget.
There is an immediate need to mitigate potentially dangerous conditions at Lions Field and to re-
equip Bremerton's police force with appropriate body armor. Neither the Parks Department nor
the Police Department has funds budgeted for these expenses. The Mayor proposes, and Risk
Management supports, a rebate from the Risk Management Fund in support of these projects.
All rebates from the Risk Management Fund to general fund departments require an appropriate
rebate to the utility funds in approximately the same proportion that these funds make
contributions to the Risk Management Fund.
The proposal is to rebate $63,796 to the following departments:
Parks Department $20,000 for improvements at Lions Field
Police Department $20,000 for 50% ofthe cost of body armor
Water Utility $ 9,569
Wastewater Utility $12,823
Storm water Utility $ 1,404
The proposal also contemplates a $20,000 payment from the Contingency Reserve Fund to cover
50% of the cost of replacing the body armor. It is anticipated that this amount will be
reimbursed by the National Institute of Justice and then credited back to the Contingency
Reserve Fund.
City Council action is requested to authorize:
1. A rebate of$63,796 from the Risk Management Fund to City funds as specified in this memo
2. Expenditure authority for the Parks Department to make improvements at Lions Field-$20,OOO
3. Expenditure authority for the Police Department to purchase body armor-$40,000
4. A transfer of $20,000 from the Contingency Reserve Fund to the Police Department to be
reimbursed by the National Institute of Justice
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
Bulletproof Vest Palrtnership
PROGRAM FACT SHEET
History
The Bulletproof Vest Partnership (BVP), created by the Bulletproof Vest Partnership Grant Act of 1998
(Public Law 105-181) and reauthorized by the BVP Act of 2000 (Public Law 106-517), is a unique U.S.
Department of Justice initiative designed to provide a critical resource to state and local law enforcement.
Since 1999, over 11,500 jurisdictions have participated in the BVP Program, with $118 million in federal
funds committed to support the purchase of an estimated 450,000 vests. The Office of Justice Programs'
Bureau of Justice Assistance (BJA) administers the BVP Program.
Eligibility
Eligible jurisdictions include general purpose units of local govE~rnment such as cities, counties, parishes, and
municipalities; federally recognized Indian Tribes; the 50 states; the District of Columbia; American Samoa;
Guam; the Northern Mariana Islands; Puerto Rico; and the U.S. Virgin Islands.
Eligible law enforcement officers for BVP Program purposes include police officers; sheriff deputies;
correctional officers; parole and probation agents; prosecutors; and judicial officials.
Funding
BVP funds up to 50 percent of the cost of each vest purchased or replaced by law enforcement applicants.
Only vest models that comply with the requirements of the Office of Justice Programs' National Institute of
Justice (NIJ) may be purchased with BVP Program funds.
The BVP Act of 1998 requires that at least half of all appropriated funds support applications from
jurisdictions with populations under 100,000 people. When the BVP Program was reauthorized for an
additional three years (FY 2002 - 2004), a new allocation principle required funding the full 50 percent of
requested vest needs for applications from jurisdictions under '100,000, with any remaining funds available
for applications from jurisdictions over 100,000 people.
Vest Selection
In November 2003, Attorney General John Ashcroft announced a Body Armor Safety Initiative in response to
the failure of a bullet-resistant vest worn by a police officer in Pennsylvania. NIJ was directed to initiate an
examination of Zylon@-based bullet-resistant vests (both new and used) and to review the existing program
by which bullet-resistant vests are tested to determine if the program needs modification.
Having completed its latest phase of ballistic and mechanical properties testing, NIJ has determined that
used Zylon@ - containing vests may not provide the intended level of ballistic resistance. In response to this
determination, NIJ has issued a body armor standard advisory notice concerning Zylon@ , and has issued
new interim requirements for its body armor compliance testingl program that will become effective on
September 26, 2005. Until the effective date of the interim requirements, jurisdictions that participate in the
Bulletproof Vest Partnership Program Fact Sheet
BVP program will be ineligible to receive payment for new ordl~rs placed for any body armor vest that
contains Zylon@.
A list of vest models that comply with the NIJ interim requirements will be maintained at:
http://www. iustnet.orq.
Additional Funds for FY 2005
Pursuant to the FY 2005 Department of Justice Appropriations Act, $23.6 million was made available for the
purchase of vests through the annual BVP Program application process. Further to the Body Armor Safety
Initiative, to better meet the vest replacement needs of America's law enforcement agencies this year,
Attorney General Alberto Gonzales will make an additional $10 million available immediately. This additional
funding will be available through a special BVP solicitation that will open on August 24, 2005 and close on
September 22,2005.
How to Apply
The entire BVP application and payment process occurs online at https://vests.oip.qov.
Related Links
FY 2005 BVP Payments
Contact
Linda Hammond-Deckard, Program Manager
Bureau of Justice Assistance
Office of Justice Programs
U.S. Department of Justice
810 Seventh Street NW
Washington, DC 20531
1-877 -758-3787
Linda. Hammond-Deckard@usdoi.qov
Bulletproof Vest Partnership Program Fact Sheet
DATE SUBMITTED: September 27,2005 BILL # oS '~3J
AGENDA BILL
CITY OF BREMERTON 4A
CITY COUNCIL ........................................................................................
SUBJECT: Public Hearing and Resolution Committee Meeting Date: September 28, 2005
No. ~ (1 e j to surplus property and approve COUNCIL MEETING Date: October 5,2005
the sale to Bealko, Inc. of 38.89 acres of Department: PW&U
City-owned land in Tracyton for $1,400,000 Presenter: Phil Williams
Phone: 473-5755
SUMMARY: The City has received and evaluated a proposal for the purchase of the 38.89 acre
Tracyton property. The successful proposal is a $1,400,000 offer from Bealko, Inc. for construction
of a residential development of 100 units on approximately half of the site. The actual lot count and
development details will be determined during the preliminary plat process.
ATTACHMENTS: Proposed Resolution; Proposed Purchase and Sale Agreement with Bealko, Inc.
FISCAL IMPACTS (Include Budgeted Amount): $1,400,000 revenue to Water Utility
APPROVALS: ~~~,
DEPARTMENTDIRECTOR:~:::9 _.---" - :""~~
::~:~=~OR ~~--'
,-<" , ~
ft' \~~
FISCAUBUDGET: . . A.<< " ,C;;.;:::t:; . - CONSENT AGENDCfP
OPERATIONS. ~-~<"<' ,/_c/ ,..-,'<.,.--.- lJ 0 I
COUNCIL PRESIDENT: 21'/\/\..(.....- {\/~'\..~ .
RECOMMENDED MOTION: Move to pass ResolutIOn No. ;;.:1/l1) 1 declanng the Tracyton property
surplus to the City's needs and authorizing the sale of the property to Bealko, Inc. for $1,400,000 and
further to modify the 2005 budget to place the earnest money proceeds into Fund 401.
COUNCIL ACTION: D Approve D Deny D Table D Continue D No Action
--- - -------.---
RESOLUTION NO. ~t 'i '6 i
A RESOLUTION of the City Council of the City of
Bremerton, Washington, declaring certain public utility property
surplus to the City's needs and approving a sale of the property in
accordance with the provisions of BMC 2.78.040 and RCW
35.94.040.
WHEREAS, the City has received an offer to purchase the public utility property
legally described in Exhibit A from Bealko, Inc., for $1,400,000, which sum is the fair market
value of the property; and
WHEREAS, the City Council has determined that the property is surplus to the
City's needs and is not required for providing continued public utility service; and
WHEREAS, pursuant to BMC 2.78.040 and RCW 35.94.040, a public hearing
was held on October 5,2005 relating to the proposed surplus and sale of the property; NOW
THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The public utility property legally described in Exhibit A is hereby
declared surplus to the City's needs and is not required for providing continued public utility
servIce.
SECTION 2. The Director of Public Works and Utilities and the City Attorney
are hereby authorized to finalize a purchase and sale agreement with substantially the same terms
and conditions as set forth in the proposed agreement attached as Exhibit B authorizing the sale
of the property to Bealko, Inc. for $1,400,000.
SECTION 3. The Mayor is authorized to finalize and execute any and all
documents, including but not limited to, the purchase and sale agreement, statutory warranty
deeds and real estate excise tax affidavits, necessary to complete the transaction.
SECTION 4. Severabilitv. If anyone 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.
1
Surplus and Sale of Public Utility Property
(
SECTION 5. 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 ,2005.
DAREN NYGREN, Council President
APPROVED AS TO FORM: ATTEST:
ROGER A. LUBOVICH, City Attorney PAULA JOHNSTON, City Clerk
R:\LEGAL\Files\Current Active Files\Tracyton Watershed Sale\Surplus and Sale Resolution.2.doc
2
Smplus and Sale of Public Utility Property
EXHIBIT A
LEGAL DESCRIPTION
SW VI NW VI EXC FDP BAT NW COR OF SD SEC TH
S2057'05W 2778.15 FT TO Wl/4 COR OF SD SEC TH
N89058'24E 560 FT TH N2057'05E 400 FT TO POB TH
CONT N2057'05E 220 FT TH S89058'24W 220 FT TH
S2057'05W 220 FT TH TH E TO POB TGW & SUBJ TO
ESMTS
EXCLUDED PROPERTY:
[If sale is approved by City Council, Buyer will prepare
legal at its expense for the excluded property]
REAL ESTATE PURCHASE AND SALE AGREEMENT
WITH EARNEST MONEY PROVISION
(Tracy ton Property)
This contract controls the terms of the sale of real property.
(Please read carefully before signing.)
This Agreement is entered between the CITY OFBREMERTON, a Washington municipal
corporation, whose mailing address is 345 6th Street, Bremerton, Washington 98337, ("Seller"), and
BEALKO, INC., a Washington Corporation, whose mailing address is , Washington,
("Buyer"), for the sale and purchase of real property as follows:
1. PROPERTY. The property, which Buyer agrees to buy and Seller agrees to sell,
including all improvements and appurtenances situated thereon is commonly known as the Tracyton
Property and is located at , Bremerton, Washington (the "Property"), and which
Property is legally described in Exhibit A, attached hereto and incorporated herein by this reference.
The Property excludes approximately 1.11 acres ofland and the water tank situated thereon as well
as access to and from said excluded parcel. Said exclusions are set forth in Exhibit A. Certain
timber harvest is also reserved by the Seller as set forth in Paragraph 12 below. A map indicating the
location of the Property is attached as Exhibit B, incorporated herein by this reference.
2. EARNEST MONEY. Received from Buyer, Two Hundred Fifty Thousand and
Noll 00 Dollars ($250,000.00) as earnest money and part payment on the purchase price of the
Property.
3. PURCHASE PRICE. The total purchase price for the Property is One Million Four
Hundred Thousand and No/I00 Dollars ($1,400,000.00), including earnest money ("Base Price"),
payable on closing. The base purchase price will be $1,400,000.00. This number may be adjusted
based on the final number oflots in the approved preliminary plat. The base sale price assumes 100
individual lots will be approved. Buyer agrees to pay the City an additional $15,000.00 per approved
lot over 100 lots to a maximum of$300,000.00 (assumes 120 lots are approved). Additionally, the
City agrees to reduce the Base Price $15,000.00 per approved lot for each lot less than 100 approved
lots for a maximum Base Price reduction of $300,000 (assumes only 80 lots are approved). Upon
approval of the preliminary plat, Buyer agrees to pay City the adjusted Base Price minus Earnest
Money and applicable closing costs at closing.
4. CONTINGENCIES. This agreement is contingent upon:
(a) Acceptance of its terms by the Bremerton City Council.
(b) If less than 80 lots are approved during the platting process, Buyer may
terminate this agreement at its sole discretion.
REAL ESTATE PURCHASE AND SALE AGREEMENT
Page 1 of 1
EXHIBIT B
(c) The Property being annexed into the City ofBremerton.
Should any of these contingencies not be met prior to the closing date in Paragraph
8, then this Agreement shall terminate except neither Buyer nor Seller shall have any further rights,
duties or obligations hereunder, except that the Earnest Money held in escrow shall be immediately
returned to Buyer.
5. CONVEYANCE AND CONDITION OF TITLE. The title to the real property
shall be conveyed by Seller to Buyer at closing by Statutory Warranty Deed, free and clear of all
liens, encumbrances or defects except those described in Paragraph 6 below.
6. TITLE INSURANCE. At Closing, Seller shall cause Land Title Company, whose
address and telephone number is
, to issue a standard form owner's policy of title insurance to
Buyer in an amount equal to the total purchase price of the Real Property, and insuring the Real
Property be discharged by Seller shall be paid from Seller's funds at Closing. If an extended
coverage owner's policy is requested by Buyer, then Buyer shall pay the increased costs associated
with that policy including the excess premium over that charged for a standard coverage policy, and
the cost of any survey required by the title insurer. For purposes of this Agreement, the following
shall not be deemed encumbrances or defects: rights reserved and federal patents or state deeds;
building or use restrictions consistent with current zoning, and utility and road easements of record.
If title cannot be made so insurable prior to the Closing date called for herein, unless, Buyer elects to
waive such defects or encumbrances, this agreement shall terminate.
7. CLOSING COSTS AND PRO-RATIONS. The cost of escrow shall be shared
equally between Buyer and Seller, except those fees which are expressly limited by Federal
Regulation. Seller shall pay for excise tax and revenue stamps. Taxes for the current year, rents,
interest, Association, Condominium and/or Homeowner's fees, water and other utility charges, if
any, shall be pro-rated as of date of closing unless otherwise agreed.
8. CLOSING OF THE SALE. WITH THE UNDERSTANDING THAT TIME IS OF
THE ESSENCE FOR THIS AGREEMENT, this sale shall be closed no sooner than thirty (30) days
but no later than sixty (60) after all contingencies set forth in Paragraph 4 are met but in no event
later than ("Closing Date") which shall also be the termination date of
this agreement unless said closing date is extended in writing by mutual agreement ofthe parties.
When notified, the Buyer and Seller will deposit, without delay, in escrow with Land Title
Company, , Bremerton, Washington 98_, all instruments and monies required
to complete the transaction in accordance with this agreement. Closing, for the purpose of this
agreement, is defined as the date that all documents are executed and the sale proceeds are available
for disbursement to the Seller.
REAL ESTATE PURCHASE AND SALE AGREEMENT
Page 2 of2
9. CONDITION SUBSEQUENT TO CLOSING. In the event efan appeal ofthe plat
of the property is filed prior to closing of this transaction, the following shall apply:
(a) Condition Subsequent. If such an appeal results in a decision of a court of
competent jurisdiction which decreases the number of buildable lots below 80, or makes
development of 80 lots impossible or non-viable, Buyer may terminate this agreement at its
sole discretion, and Seller will repurchase the Property for the purchase price paid by Buyer
and neither Buyer nor Seller shall have any further rights, duties or obligations hereunder.
(b) During the pendency of any and all appeals as noted herein, Buyer shall not
perform any development activity on the Property unless this condition subsequent in
subsection (a) is waived and released.
(c) If an appeal of the plat as approved is not filed prior to closing of this
transaction, this condition shall terminate and be of no force or effect.
(d) This paragraph shall survive closing to the extent an appeal is filed prior to
closing.
10. CASUALTY LOSS. If prior to closing, improvements on said premises shall be
destroyed or materially damaged by fire or other casualty, this agreement, at option of the Buyer,
shall become null and void.
11. POSSESSION. Buyer shall be entitled to possession on closing.
12. TIMBER HARVEST. The City will be given an option at its sole discretion to
harvest any merchantable timber identified in the approved site plan as being in an area where
development will occur. Should the City exercise this option it will remove the stumps remaining
after removal of any trees. This provision shall survive closing.
13. SELLER'S REPRESENT A TIONS. Seller represents that:
(a) Seller will maintain the property in present or better condition until time of
agreed possession,
(b) Seller has no knowledge or notice from any governmental agency of any
violation oflaws relating to the subject property, and
(c) the property is not encumbered by any leases.
14. SELLER'S ENVIRONMENTAL REPRESENT A TIONS. Seller represents that
to the best of his /her knowledge that he/she is not aware of existence of, or has caused or allowed to
be caused, any environmental condition (including, without limitation, a spill, discharge or
contamination) that existed as of and/or prior to the closing date or any act of omission occurring
prior to the closing date, the result of which may require remedial action pursuant to any federal,
state or local law or may be the basis for the assertion of any third party claims, including claims of
REAL ESTATE PURCHASE AND SALE AGREEMENT
Page 3 of3
governmental entities. This provision shall survive closing.
15. INDEMNIFICATION. As partial consideration for the purchase ofthe Property,
Buyer purchases the property and improvements "as is" and agrees to indemnify and hold harmless
the Seller, against and in respect of, any and all damages, claims, losses, liabilities, judgments,
demands, fees, obligations, assessments, and expenses and costs, including, without limitation,
reasonable legal, accounting, consulting, engineering and other expenses which may be imposed
upon or incurred by Seller, or asserted against Seller, by any other party or parties (including,
without limitation, a governmental entity), arising out of or in connection with any environmental
condition existing as of and/or prior to the closing date, including the exposure of any person to any
such environmental condition, regardless of whether such environmental condition or exposure
resulted from activities of Buyer or Buyer's predecessors in interest. This indemnity shall survive the
closing.
16. DEFAULT AND ATTORNEY'S FEES.
(a) Buyer's Default. IF BUYER DEF AUL TS HEREUNDER, SELLER'S SOLE
REMEDY SHALL BE LIMITED TO DAMAGES AGAINST BUYER IN THE
LIQUIDATED AMOUNT OF THE EARNEST MONEY PREVIOUSLY PAID THE
BUYER. BUYER AND SELLER INTEND THAT SAID AMOUNT CONSTITUTES
LIQUIDATED DAMAGES: AND SO AS TO A VOID OTHER COSTS AND EXPENSES
TO EITHER PARTY IN CONNECTION WITH POTENTIAL LITIGATION ON
ACCOUNT OF BUYERS' DEF AUL T. BUYER AND SELLER BELIEVE SAID
AMOUNT TO BE A FAIR ESTIMATE OF ACTUAL DAMAGES.
(b) Seller's Default. IF SELLER DEF AUL TS HEREUNDER, BUYER SHALL
HA VE ALL THE RIGHTS AND REMEDIES AVAILABLE AT LAW OR IN EQUITY.
(c) Attorney's Fees and Costs. In the event of litigation to enforce any of the
terms or provisions herein, each party shall pay all its own costs and attorney's fees.
17. NOTICE TO BUYER. This form contains provisions for an agreement for the
purchase and sale of real estate. The Seller makes NO WARRANTY OR REPRESENTATION OF
ANY KIND that this form, or any of its provisions, is intended to meet the factual and legal
requirements of a particular transaction, or that it accurately reflects that laws of the State of
Washington at the time you enter the agreement. THIS AGREEMENT HAS SIGNIFICANT
LEGAL AND FINANCIAL CONSEQUENCES AND YOU ARE ADVISED TO SEEK
INDEPENDENT LEGAL AND FINANCIAL COUNSEL REGARDING THESE
CONSEQUENCES. If you do not understand the effect of any part, consult your Attorney before
slgnmg.
18. NON-MERGER. The terms, conditions, and provisions ofthis Agreement shall not
be deemed merged into the deed, and shall survive the Closing and continue in full force and effect.
REAL EST A TE PURCHASE AND SALE AGREEMENT
Page 4 of 4
19. NOTICES. All notices required or permitted to be given hereunder shall be in
writing and shall be sent U.S. certified mail, return receipt requested, or by facsimile transmission
addressed as set forth below:
(a) All notices to be given to Seller shall be addressed as follows:
Mayor
City of Bremerton
345 6th Street, Suite 600
Bremerton, Washington 98337-1873
(b) All notices to be given to Buyer shall be addressed as follows:
Either party hereto may, by written notice to the other, designate such other address
for the giving of notices as being necessary. All notices shall be deemed given on the day such
notice is personally served, or on the date of the facsimile transmission, or on the third day following
the day such notice is mailed in accordance with this paragraph.
20. ENTIRE AGREEMENT. This agreement, including all incorporated exhibits,
constitutes the full understanding between seller and buyer. There have been no verbal or other
agreements that modify this agreement.
21. BINDING EFFECT AND SURVIV AL. This Agreement shall be binding upon
parties hereto and their respective heirs, successors and assigns; and the terms, conditions and
provisions of this Agreement shall survive the closing of this transaction.
22. DATE OF MUTUAL ACCEPTANCE. For the purposes of this Agreement, the
date of mutual acceptance of this Agreement shall be the last date on which the parties to this
Agreement have executed this Agreement as indicated below.
23. EXPIRATION OF OFFER. Buyer shall have only until 5:00 p.m. on
, to accept the purchase and sale agreement as written, by delivering a
signed copy thereof to the Seller or the Seller's agent. If Buyer does not so deliver a signed copy
within said period, this agreement shall lapse and all right of the parties hereunder shall terminate.
REAL ESTATE PURCHASE AND SALE AGREEMENT
Page 5 of5
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date set
forth below.
SELLER: BUYER:
THE CITY OF BREMERTON BEALKCO, INC.
By: By:
Cary Bozeman, Mayor Its:
Dated: Dated:
By:
Its:
Dated:
APPROVED AS TO FORM:
By:
Roger A. Lubovich, City Attorney
R:\LEGAL\Files\Current Active Files\Tracyton Watershed Sale\REPSA- Tracyton Property. doc
REAL ESTATE PURCHASE AND SALE AGREEMENT
Page 6 of6
EXHIBIT A
LEGAL DESCRIPTION
SW ~ NW ~ EXC FDP BAT NW COR OF SD SEC TH
S2057'05W 2778.15 FT TO Wl/4 COR OF SD SEC TH
N89058'24E 560 FT TH N2057'05E 400 FT TO POB TH
CONT N2057'05E 220 FT TH S89058'24W 220 FT TH
S2057'05W 220 FT TH TH E TO POB TGW & SUBJ TO
ESMTS
EXCLUDED PROPERTY:
[If sale is approved by City Council, Buyer will prepare
legal at its expense for the excluded property]
Map Layout Page 1 of 1
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EXHIBIT B
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(9ty~ou~~~.: info'.for City Co-u,~~~m~~!in~S aT~~9P~~an'd ~:3()pm Vier} Oct 5~!.~~cytorWa~~rs~e~wo6ds .',~'=-~ '-=-= Pag~:J]
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From: "Groulik Scot E KPWA" <sgroulik@kpt.nuwc.navy.mil>
To: "Daren Nygren (Bremerton Council President)" <daren1698@yahoo.com>, "Bremerton
City Council (CityCouncil@ci.bremerton.wa.us)" <CityCouncil@ci.bremerton.wa.us>
Date: Wed, Oct 5, 2005 10:02 AM
Subject: info for City Council meetings at 5:00pm and 5:30pm Wed Oct 5 - T racy ton Watershed
Woods
Greetings!
A quote by the City of Bremerton's Mayor from an article in the Kitsap Sun
3/29/05: "But I am a huge believer in the power of green spaces and parks
in urban environments. If you're going to ask a lot of people to live in a
small space, you have to have some breathing room. You want a space where
you go walk and hang out. It's kind of everybody's urban backyard."
A neighborhood resident, Glenn Carden, informed me he wouldn't be able to
attend the City Council meeting this evening, but asked the following:
On the eastside of Pine road, between Roswell & Pinwood Dr., a developer has
clear cut 9.45 acres to build 70 homes. In addition to this there is a
proposal, from a King county developer, before the county to clear cut 8.28
acres just east of the Tracy ton Woods for a 48 home development and if
Bealko gets his way that's another 80 -100 homes all of these within 1/4
mile of the other. Has anyone really looked at the true impact 200-plus new
homes will have on traffic, the environment and the quality of life for the
residents already living in this community?
I attended the August 4th meeting to review the only proposal to develop the
Tracy ton property that was submitted in response to the RFP that was
announced. Please see the attached document that is a response to the
proposal (response to 7-18-05 Bealko proposal...).
During the August 11 th proposal review meeting, which included the proposed
developer, it was stated by the proposed developer that the wetlands in
these woods is a classification 1 (the most severe classification, and
requires the biggest buffer). According to the REPSA (see attached
document) the proposed housing density of up to 80 houses can't even meet
the lowest housing density of the GMA (low density is 5-9 houses per acre),
and 80 houses per 40 acres is only 2 houses per acre. Of course, the
proposed development isn't a big lot size, in fact it's pencil lot size (or
finger lot size), in order to get 80 houses jammed into what's developable.
In order to get the up to 80 houses into the woods, they have to destroy
critical area to reach the southwest corner of the property to build homes.
There's no road access to this area. In conclusion, the entire property
should be designated what is really is: critical area.
.-~_____ ~_n,~~~~~'~-~~__'._~~___ _.~._---~.- )'" " -'p~iE1J
~_c1ty Coun<?il-inc!~"!?r gi!LSOun~i! me~!ings'~f5:0fiprr1,~';'d})9p~_Y:2e9~ct 5 ~_T r~cytonV\l~ters~~~ Wi:jjs """~'. x- ,
Respectfully submitted,
Scot Groulik (1 st District of Bremerton resident)
and a leading member of the Tracy ton Watershed Woods Coalition
work ph: 360-396-4601
work email: sgroulik@kpt.nuwc.navy.mil
home ph: 360-792-0279
home email: 4kidzone@comcast.net
CC: "Patty Lent (plent@co.kitsap.wa.us)" <plent@co.kitsap.wa.us>
~
.
Scot Groulik
3556 Ridgetop 0:
Bremerton, W A 98310
(360) 792-0279
August 3, 2005
Mr. Phil Williams
Director, Dept of Public Works & Utilities
3027 Olympus Dr
Bremerton, W A 98310
Re: Bealko Development Response to RFP #186982, A Sale of Surplus Utility Land
The proposal submitted by Bealko Development on July 18,2005 should not be accepted.
In general, the cart is before the horse - meaning a significant amount of critical area would be
destroyed first and then homes would be built. Instead, critical areas should not be part of the
areas to be built on (or environmental worse case, truly minimized), and then determine if it's
feasible to build on what's left. Continually encroaching upon critical areas needs to stop for the
sake of the community at large. Also, there are too many open issues in the proposal that should
be addressed prior to the proposed sale.
There are several reasons the proposal shouldn't be accepted, and are outlined below:
1. The proposal doesn't satisfy Chapter 21.22 Critical Areas of the Bremerton Municipal
Code. The proposal's estimate of 5.3 dwelling units per acre is actually much lower
when all of the critical areas are taken into consideration, which then misses the City's
goal of base density between 5 and 10 dwelling units per acre.
2. No public entries exist for this property, and a minimum of two are required. The
proposal's proposed main entry (from east adjacent property) is tied to one of the three
contingencies - preliminary plat approval of adjacent property. The proposal's second
proposed entry, located by the Pinewood Community Pool, is not available and not
acceptable by the community.
3. A traffic impact analysis should be performed prior to the proposed sale. A brief mention
was made in the proposal that an analysis would be made as part of the preliminary
platting process.
4. No details of their market research were presented in the proposal that might substantiate
their claims they could build this development profitably.
5. The proposed arborist, Northwest Arborvitae, isn't given the authority to have their
recommendations incorporated. It's very doubtful that an arborist employed by a
developer will have the power necessary to significantly change any plans.
I
.
.
6. A we-tland delineation is proposed to be conducted after the sale. An Environment5l1
Impact Statement (EIS) should be done prior to the sale by a responsible third party, and
the EIS should be performed in accordance with WAC Chapter 197-11, and RCW
43.21C.240. It's also not in the community's best interest to have the proposed developer
have any authority (implied or otherwise) over whomever performs the EIS, which would
be the case if the proposed developer was responsible for an EIS (including associated
costs).
7. The proposal calls for above average homes on below average lot sizes. The proposal
plans to construct homes in the $250,000 to $500,000 price range, and lot sizes are small
compared to adjacent residential homes.
8. The proposal clearly demonstrates financial ties between Bealko Development and
Pageantry Communities. It would not be wise to believe there won't be any construction
development direction by Pageantry Communities - direction that could very well
override Bealko Development proposed intentions.
9. The Storm Water Plan (Figure 2) and the Water Plan (Figure 3) don't adequately address
how the existing storm water run off will be handled.
10. The proposal is offered only upon completion of three contingencies, the highlights
being: 1) property annexation by the city, 2) preliminary plat approval, and 3) completion
of permit appeals.
.
There was only one response to the City's RFP #186982. This should be a key indicator that this
property is very hard, or near impossible, to develop and still be profitable to a developer. In
1999 the property owner at that time, the Tracyton Water District, tried to sell the property for
$1,000,000 but only received offers up to $600,000 - the main complaints being property access
rights, wetlands and steep ravines/slopes.
It's readily apparent the Bealko Development proposal would destroy a significant amount of
critical area in order to construct homes. And as aforementioned, there are several other open
issues (e.g., property access, potential city annexation, etc), which leaves a reviewer with little
confidence that the proposal can be implemented. The open issues should be addressed prior to
the proposed sale.
"Many of the critical areas in Bremerton have been lost or degraded through past development."
- as stated in the City of Bremerton Municipal Code 21.22. The community needs open space
and this is one of the last spaces left untouched and all of the property (38.89 acres) should be
zoned as critical area. It would behoove the City of Bremerton to stop proposed future
destruction of critical areas (and immediately adjacent land), instead of encroaching upon critical
areas.
The Kitsap County Commissioner for this area, Patty Lent, expressed her opinion that this
property shouldn't be developed. Patty Lent walked the property from the southern service entry
2
--
.
to the northern border and back on February 17,2005. Cris Gears, Administrator for all three
Kitsap County r1)w~issioners, expres<:p-a three options besides developing this pmperty -at the
Bremerton City Council meeting March 2, 2005. This property resides within the county and
should be properly zoned as critical area - all 38.89 acres.
As one of the leading members of the Tracyton Watershed Woods Coalition, I'm requesting the
Bealko Development proposal for the City's RFP #186982, A Sale of Surplus Utility Land, not
be accepted.
Respectfully Submitted,
Scot Groulik
3
DATE SUBMITTED: August 16,2005 BILL # 05-~
AGENDA BILL
CITY OF BREMERTON 1,)
CITY COUNCIL .......................................................................................1
SUBJECT: Resolution No.;:;).q ~O Committee Meeting Date: September 14, 2005
amending Rules and Procedures for the City COUNCIL MEETING Date: September 21, 2005
Council Department: City Attorney's Office
Presenter: Roger A. Lubovich
Phone: 473-2345
SUMMARY: The City Council desires to update the Rules and Procedures for the City Council to
provide for attendance at meetings via telephone. The proposed resolution amends the current rules of
procedure to provide for attendance at meetings via telephone.
ATTACHMENTS: Proposed Resolution
FISCAL IMPACTS (Include Budgeted Amount): None
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
<
FISCAL/BUDGET: CONSENT AGE
OPERATIONS:
COUNCIL PRESIDENT:
RECOMMENDED MOTION:
I move to pass Resolution No. 1'180 , amending the Rules and Procedures for the City Council
a.5 o..rne..rd.ect +0 o...d.D- The woyds .. oV" 'VV\oY'~" b e..twc:...e..V\ "One." o..V'V:t · o~ 14 "' y\ +'-'e.
\ ~+ 1 \ V'\e.. of ila.).
COUNCIL ACTION:. ~rove o Deny o Table o Continue o No Action
~/
,
\c
RESOLUTION NO. 2980
A RESOLUTION of the City Council of the City of
Bremerton, Washington, amending the Rules and Procedures for
the City Council as adopted by Resolution No. 2951 to provide for
telephonic appearances at City Council meetings under limited
circumstances.
WHEREAS, the City Council adopted Resolution No. 2951 on January 26,2005,
which adopted Rules and Procedures for the City Council to conduct its business; and
WHEREAS, the City Council desires to update the Rules and Procedures to
provide for telephonic appearances at City Council meetings; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS: .
SECTION 1. Rule 1 of the Bremerton City Council Rules and Procedures,
entitled "Meetings" is hereby amended to add the following Section 7, entitled "Telephonic
Appearance:"
7. Telephonic Appearance: Council Members may appear at a council meeting via
telephone under limited circumstances. Telephonic appearances are for the benefit of the City of
Bremerton and not for the benefit of an individual Council Member. Telephonic appearances
may occur as follows:
(a) The Council President may approve a Council Member's appearance at a council
meeting via telephone when action on a measure to be voted on cannot be delayed but rather
requires immediate action or remedy and one of the following circumstances exists:
I. Due to fire, flood, earthquake, or other emergency, there is a need for
action by a governing body to meet the emergency;
11. A vote of the council of the whole is required for action; or
Ill. A unanimous vote of the whole council is required for passage of a
measure.
(b) In the event that subsection 7(a) of Rule 1 ofthe Bremerton City Council Rules
and Pro~edures has been satisfied and more than one Council Member is absent, reasonable
efforts shall be given to provide all absent members an opportunity to appear via telephone. In
no event shall the Council President approve a Council Member's telephonic appearance unless
satisfactory equipment is available. Satisfactory equipment shall mean any telephone equipped
with a speakerphone function capable of broadcasting the Council Member's voice attending via
telephone clearly and sufficiently enough to be heard by those in attendance at the meeting. The
telephone must allow the Council Member to take and answer questions as posed from time to
time.
1
Council Rules and Procedures -
2005 Amendment
(c) During any meeting that a Council Member is attending via telephone, the
Council President or presiding Council Member shall state for the record that a particular
Council Member is attending via telephone and the reasons for such attendance.
(d) Council members appearing via telephone may participate and vote during the
meeting as if they were physically present at the meeting.
(e) Council Members appearing via telephone shall comply with all rules and
procedures as if they were physically present at the meeting.
SECTION 2. Severability. If anyone 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 3. 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 ,2005.
DAREN NYGREN, Council President
APPROVED AS TO FORM: ATTEST:
ROGER A. LUBOVICH, City Attorney PAULA JOHNSTON, City Clerk
R:\LEGAL\Resolutions\City Council\Council Rules and Procedures-2005 Amendment2.doc
2
Council Rules and Procedures -
2005 Amendment
I' C itYw~<:;ouncIJ~">~ [~1:AM] :~iell1erfon~~itY COLJncirMIri9rity~til r~~nts ,toUpfi_9Ile!t In!! Vvh>~>!s \l\{ron~J?! d/~" . .~>~ "U'!
'#//..;' , ,.;.-unn m.w . Page, ,:!J
From: <GoJoe1966@aol.com>
To: <cbozeman@ci.bremerton.wa.us>
Date: Tue, Oct 4, 2005 6:00 PM
Subject: [SPAM] Bremerton City Council Minority Still wants to phone It In!! Whats Wrong?!
If It Aint Broke, Don't Fix It!
The Rollman Report by Ed Rollman
Well it's another day and another attempt by a minority on the Bremerton City
Council who want to be able to "phone it in" when it comes to their vote at
city council meetings in Bremerton. Whats wrong (again!) with this picture?
Well, while the new-- old version of this poorly timed and just plain wrong all
or nothing at all admenment to the city council rules and charter has been
slightly re-worded it does not go far enough to ensure there's no abuses by
council members or their president. The minority who proposed this stinker said they
just wanted to make sure that in case both bridges went out they could still
get a council majority of 5 on crucial votes...well there's nothing in the
wording about both bridges going out at the same time BUT there is mention of
fires,flooding and "other" emergencies as deemed so by the council president, and
therein lies the rub and the ruse. The wording means a council president
could excuse himself from a crucial council meeting merely because his or her baby
"puked" on his or her shirt, respectively, and created an "other" type of
emergency for which they could just phone in their vote! But the really terrible
thing about this proposal it that it sends a really bad message to the community
and it's citizens by sending the very clear signal that: "My business or my
shopping is really much more important than my city council job!" Voting yes
for this resolution-unless it is restricted to only the severest of
emergencies,{and it is NOT in this poorly worded resolution), says you don't really care
about your district,your neighborhood or your city,that your work place or your
home or your local store is much more important than say something so low
priority as your city council job!
(Besides, does the council really want councilor Jane's Aunt Bee phoning in a
vote for her while she's out buying herself a new hat, too busy and tied up
to come in to do the pesky job the elctorate hired her to do?!) Let reason and
common sense ring forth: councilors should turn down this resolution by a wide
margin! Ed Rollman,626 Highland Avenue,Bremerton,Wa. 98337
CC: <citycouncil@cLbremerton.wa.us>, <astrosn ider@kitsapsun.com>,
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<helenmiller@prodigy.net>, <info@leadershipkitsap.org>, <jbrody@Kitsapsun.com>,
<jccam pbell@kitsapsun.com>, <jimccambel@kitsapsun.com>, <johnsond@shns.com>,
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""
DATE SUBMITTED: October 5, 2005 BILL # 05 -d3;(
AGENDA BILL
CITY OF BREMERTON 7C
CITY COUNCIL ........................................................................................
SUBJECT: Request to amend Committee Meeting Date: --
Comprehensive Plan outside the Biennial COUNCIL MEETING Date: October 5,2005
Process Department: Community Develop.
Presenter: Andrea Spencer
Phone: 473-5283
SUMMARY: The City of Bremerton Planning Commission, as a result of its review of the zoning
amendments, has recommended that the Oyster Bay Neighborhood Center as designated in the
Comprehensive Plan Land Use Map be reduced in size in order to maximize the pedestrian friendly
theme of a walkable mixed-use living environment. Implementation ofthis recommendation requires
an amendment to the Comprehensive Plan outside the Biennial Process.
ATTACHMENTS: 1) Staff Report
FISCAL IMP ACTS (Include Budgeted Amount): None.
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
FIS CALIBUD GET: ~~~' CONSENT AGENDA~' &-
OPERATIONS: ~- din--
COUNCIL PRESIDENT: y~ ~/l--- RECOMMENDED MOTION: Move to find that an emergency situation as defined by BMC
21.06.050(e) exists and authorize staffto initiate a Comprehensive Plan amendment process outside
the biennial review period to consider amending the Oyster Bay Neighborhood Center.
Move to find that an emergency situation as defined by BMC 21.06.050(e) exists and authorize
staff to initiate a Comprehensive Plan amendment process outside the biennial review period to
consider amending the Oyster Bay Ne~borhood Center and the commercial area generally
bounded by Chester and Warren and 6 and Burwell. (
COUNCIL ACTION: ~pprove D Deny D Table o Continue D No Action
~
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MEMORANDUM
CITY OF BREMERTON, DEPARTMENT OF COMMUNITY DEVELOP2HENT
~==:;::;:~;~;::,-':;:-:;::;'=~.;;;;:::;';;:;;;;;;:;:;-.;;"';'==::'-_-=:_;:;;;;;,.:===:.:::=~.:.=.,..;;;:~:~,==:;;;;;~:"=7=-=,=:'=.=---:;;'--::::;;'==::':::::="::::':"-::=-:;-_"'::"'::'::;:;:';"-=;:~"';:;:;::"':;=;=~:;;:':""';:;;o.-::;;~,=====,,;;;;::;;;:;;;;-'=;;;;;;:;;:;;:::'~;:;;~;:;;';:;;;';;~=='-::::;:;'-q;';:;::-:;;;
TO: CITY COUNCIL
FROM: ANDREA L. SPENCER, PLANNING MANAGERort(
SUBJECT: COMPREHENSIVE PLAN AMENDMENT
REQUEST TO AMEND OUTSIDE OF BIENNIAL PROCESS IN 2005
DATE: OCTOBER 5, 2005
,,"""--=____-=-_ _ ':: __ _=~---;::___=_= _-=-=-=-_ ----= _O-==-".="~_-=="7==-==-,,"O""-:::O="'-=._'''''--'-=_-==--==C:-;;:'="-:-;O,"''''-===''_-_-====".-".."o-"....o=-_---=-=-_=-= =_==o-=-_=="=~"-=.-'-=_=__=___==__:;_:"''_~,.,._,~_'___=__c==__==oo_
On September 20, 2005 the Planning Commission completed the review of the zoning
amendments ("Package 5") and forwarded its recommendation to City Council. During this
meeting, the Planning Commission reviewed and deliberated on each of the proposed zoning
changes that implement the vision established by the 2004 Comprehensive Plan Land Use Map.
The Council received the Planning Commission recommendation at a special study session on
September 27,2005.
During deliberations, staff presented to the Planning Commission various options for rezoning the
"Oyster Bay Neighborhood Center" (OBNC). As background, the Comprehensive Plan establishes
"Centers" as a walkable mixed-use living environment that can include green areas, shops, civic
buildings, residential, and commercial uses.
The Planning Commission and Staff believe that in its current configuration the OBNC is much
larger than it should be (in fact OBNC is much larger than any of the other Neighborhood Centers).
The Planning Commission and staff believe its current configuration minimizes the pedestrian
friendly theme that it should have to meet the intent of the Comprehensive Plan as a mixed-use
walkable area. Because of this, the Planning Commission has recommended rezoning only a
portion of the OBNC, and if Council accepts Planning Commission's recommendation, a
Comprehensive Plan Amendment will be required to ensure that the official Land Use and Zoning
maps are not in conflict.
BMC 21.06.010 limits Comprehensive Plan amendments to a biennial process, with amendments
allowed only on even-numbered years. However amendments are allowed outside of the biennial
process if an emergency situation exists as such is defined in the city code (BMC 21.06.050(e)). At
the September 27,2005 Council study session, Chris Hugo briefly reviewed the Planning
Commission recommendation for the OBNC with you and the Comprehensive Plan amendment
process and the need to proceed with an amendment this year. Staff believes that we can
complete the Comprehensive Plan Land Use map amendment process prior to Council taking
action to adopt the official zoning map, and therefore there would be no inconsistencies between
the two maps.
The code requires that prior to considering a comprehensive plan amendment outside the biennial
process, the Council shall by resolution or motion make a finding that an emergency situation
exists as defined in BMC 21.06.050(e). BMC 21.06.050(e)(4) allows Council to confirm the
Planning Director's finding that a conflict, inconsistency, deficiency or other internal defect in the
comprehensive plan that requires correction for clear, complete and consistent policy direction.
Staff is recommending adoption of such a motion so that staff may proceed with scheduling the
Planning Commission public hearing for the 2005 Comprehensive Plan amendment for OBNC. No
other amendments to the Comprehensive Plan will be considered during this process.