HomeMy WebLinkAbout01/05/05 AGENDA
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CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337-1873 0.J (360) 473-5280
JANUARY 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 MEETING CHAMBERS LOCATED ON FIRST FLOOR
A. Pledge of Allegiance
8. Invocation
3. COUNCIL OFFICER ELECTION
4. MAYOR'S REPORT
5. PUBLIC SERVICE ANNOUNCEMENTS P ~
6. CONSENT AGENDA
A. Minutes of Meeting - December 8, 2004 (#AB05-001) (
B. Minutes of Meeting - December 15, 2004 (#AB05-002) 5
7. NEW BUSINESS - There are no New Business Items this week...
8. PUBLIC HEARINGS - ORDINANCES & RESOLUTIONS
A. Ordinance [First Reading], amending Chapter 10.13 of the Bremerton Municipal Code '1
relating to Fines for Violating Provisions relating to Motorized Wheeled Transportation
Devices (#AB05-003)
B. Resolution No. 2950, accepting proposal for Annexation from Charles Cash, Virginia Cash, I J-
and SEATTLE REAL TV, INC. (#AB05-004)
9. PUBLIC RECOGNITION
10. COUNCIL MEMBER REPORTS
11. EXECUTIVE SESSION "Pending Litigation" per RCW 42.30.110 (1 )(i) and "Evaluate the
Conduct of Personne'" per RCW 42.30.110 (1 )(f) (#AB05-005)
12. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING
It 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.
DATE SUBMITTED: December 8, 2004 BILL # 0,- 001
AGENDA BILL
CITY OF BREMERTON f.A
CITY COUNCIL ........................................................................................
SUBJECT: Minutes of Meeting - Committee Meeting Date: N/A
December 8, 2004 COUNCIL MEETING Date: January 5, 2005
Department: City Council
Presenter: Daren Nygren,
Council President
Phone: (360) 473-5280
SUMMARY: Attached are the minutes for the Council Meeting held December 8, 2004
ATTACHMENTS: .Minutes for December 8, 2004.
FISCAL IMPACTS (Include Budgeted Amount): 0
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
FISCAL/BUDGET: CONSENT AGENDA ~
OPERATIONS:
COUNCIL PRESIDENT:
.I
I
RECOMMENDED MOTION: Move to pass the Con' ent Agenda as presented.
COUNCIL ACTION: n Approve n Denv f1l Table o Continue D No Action
DIGITAL RECORDING
CITY COUNCIL MEETING MINUTES
VVednesday, December 8, 2004
The weekly meeting of the City Council of the City of Bremerton was called to order in the City
Council Chambers, of the NORM DICKS GOVERNMENT CENTER 345 6th Street, Bremerton, VVashington,
VVednesday, December 8, 2004, at 5:30 P.M., with Council President Daren Nygren presiding.
Council members present were Mike Short, VVill Maupin, Carol Arends, Dianne Robinson, VVendy
Priest, Cecil McConnell, and Brad Gehring. Council Member Mike Shepherd was absent. Also
present were City Attorney Roger Lubovich; City Clerk Paula Johnston; and Council Assistant
Christine Grenier Ellingson.
The Pledge of Allegiance was led by Vice President McConnell, followed by the invocation provided
by Ethvl Mae Nelson, Associate in Ministry at Our Saviour's Lutheran Church.
President Nvaren made the following announcements:
1. A Pre-Council session was held in Council Conference Room 603 from 5:00 to 5:30 PM;
2. Council will meet for a LEGISLATIVE REVIEW SESSION to hear presentations on upcoming
agenda items; and
3. Item 6C under PUBLIC HEARINGS will be moved on the agenda and heard as Item 6A.
PUBLIC SERVICE ANNOUNCEMENTS
Rob Schneidler announced that the program "Christmas in the Northwest" will be held at the Admiral
Theater, and the event will be recorded by KING 5 Television to be broadcast on December 21 st.
CONSENT AGENDA
A. Regular Payroll in the amount of $681,495.55 for the period ending November 30, 2004
(#AB04-249)
B. Minutes of Meeting - November 17, 2004 (#AB04-250)
C. Minutes of Meeting - November 23, 2004 (#AB04-251)
M/S/C/U (PriesUMcConnell) Move to approve the Consent Agenda as presented.
68 - ORDINANCE NO. 4920 (SECOND READINGl AUTHORIZING THE EXTENSION OF AN
AGREEMENT WITH BANK OF AMERICA TO SECURE AN $800,000 L1NE-OF-CREDIT FOR THE
KITSAP CONFERENCE CENTER AT BREMERTON HAR80RSIDE (#AB04-246): The first reading
of this ordinance was heard on December 1, 2004.
Michael Wilson, Financial Services Director restated that this line of credit would be utilized to pay
for capital equipment and pre-operating expenses for the Conference Center. This credit would be
paid back over a 7-year period.
Mr. Lubovich pointed out that the date of maturity needed to be determined. Mr. Wilson added
language that the date of maturity would be determined by the Bond Council with a date of maturity
set at no later than December 31, 2011.
There were no comments from the public.
M/S/C/U (Arends/McConnell) Move to pass Ordinance No. 4920 on second reading, authorizing the
Mayor to execute an agreement with the BANK OF AMERICA for securing an $800,000 line of credit to
fund the pre-opening and initial operating expenses for the KITSAP CONFERENCE CENTER AT
BREMERTON HARBORSIDE as amended.
?
City Council Reg. Mtg. Minutes
Wednesday, December 8, 2004
Page 2 of 3
6C - ORDINANCE NO. 4921 [SECOND READINGl ADOPTING FY 2005 CITY OF BREMERTON
BUDGET (#AB04-247): The first reading of this ordinance was heard on December 1, 2004.
Mr. Wilson summarized that the changes in the ordinance reflect an adjustment to the Streets
Department funding, Parks Department staffing, and an adjusted Salary Schedule for Management
Employees.
There were no comments from the public.
M/S/C/U (Arends/McConnell) Move to pass on second reading Ordinance No.4921 relating to the
adoption of the City of 8remerton 2005 Annual Budget, as amended.
Amending Motion/S/F (Maupin/Priest) Move to rescind the motion relating to moving positions
Executive Assistant, Legislative Assistant, and Civil Service/Human Resources Officer from Band 8 to
Band 9 on December 1, 2004 as included under first reading.
Voted in favor of the Motion: Maupin, Priest, Robinson, Nygren
Voted opposed to Motion: Arends, Short, Gehring, McConnell
Motion failed: 4-Yes; 4-No
Amending Motion/S/C (Gehring/Arends) Move to remove the Civil Service Officer/Human Resources
Specialist from Band 9 as approved last week to Band 8.
Voted in favor of the Motion: Maupin, Short, Gehring, Priest, Robinson, Arends, Nygren
Voted opposed to Motion: McConnell
Motion carried: 7-Yes; 1-No
6A - CLOSED RECORD HEARING ON RESOLUTION NO. 2948. APPROVING THE HABITAT FOR
HUMANITY PRELIMINARY PLAT AND PLANNED UNIT DEVELOPMENT [FILE NO. BP04-003341
(#AB04-252): Robert Grumbach, Community Development explained that the Hearing Examiner
recommendation on a preliminary Planned Unit Development plat (File No. BP04-00334) to subdivide
2.69 acres of land into 18 individual lots in order to construct 18 attached single-family and
townhouse dwelling units at the north side of Arsenal Way, 200 feet east of Marion Avenue. The
recommendation included sixteen (16) conditions to be imposed for final plat approval.
Mr. Lubovich suggested that Council may agree with the findings, reject the findings, or remand the
issue back to the Hearings Examiner for further review.
President Nvaren indicated that because this was a Closed Record Hearing, all Council members
should now give consideration as to whether they have 1) demonstrated bias or prejudice for or
against any party to the proceedings; 2) a direct or indirect monetary interest in the outcome of the
proceedings; 3) a prejudgment of the issue prior to hearing the facts on the record; or 4) ex parte
contact with-any individual, excluding administrative staff, with regard to an issue prior to the hearing.
Due to no expressed concerns or violations of the Appearance of Fairness Doctrine, all Council
members were seated. President Nvaren then asked if any member of the public believed any
Council member should excuse themselves due to a conflict with the Appearance of Fairness
Doctrine, or for other concerns, to please state the reasons now. Due to no comments from the
public, all Council members remained seated.
~
City Council Reg. Mtg. Minutes
Wednesday, December 8,2004
Page 3 of 3
Mr. Grumbach began by explaining that the applicant for this project is the HABITAT FOR HUMANITY
and the zoning designation is SF-3. The loop pattern of the proposed development is to allow parking
for homes being built. This project does meet requirements for setbacks and trees will be provided
by the applicant along Arsenal Way. There are upgrades planned for this area for streets and
sidewalks which would be in line with the City's 6-Year Transportation Improvement Plan. The
hearing examiner recommended that 16 conditions be met to allow this project including open space,
individual access to units, fire improvements, and water improvements.
Because this is a closed record hearing, there were no comments from the public. After the Council
members had their questions and concerns addressed, the vote was taken...
M/S/C/U (Short/McConnell) Move to pass Resolution No. 2948 approving and adopting Findings,
Conclusions, and Recommendations of the Administrative Hearing Examiner and approve the
preliminary Planned Unit Development and plat for the Habitat for Humanity PUD subject to the
proposed conditions.
With no further business, the meeting of the City Council was adjourned at 6:30 P.M. Council
reconvened in Council Conference Room 603 for a LEGISLATIVE REVIEW SESSION to hear
presentations on upcoming agenda items.
Prepared and Submitted by:
CHRISTINE GRENIER-ELLINGSON
Council Assistant
Attest:
PAULA JOHNSTON, City Clerk
DAREN NYGREN, City Council President
DN/PJ/ls/cge
4
DATE SUBMITTED: December 15,2004 BILL # 05.... 00 d--
AGENDA BILL
CITY OF BREMERTON ,- 8
CITY COUNCIL '"
........................................................................................
SUBJECT: Minutes of Meeting - Committee Meeting Date: N/A
December 15, 2004 COUNCIL MEETING Date: January 5,2005
Department: City Council
Presenter: Daren Nygren,
Council President
Phone: (360) 473-5280
SUMMARY: Attached are the minutes for the Council Meeting held December 15,2004.
ATTACHMENTS: .Minutes for December 15, 2004.
FISCAL IMPACTS (Include Budgeted Amount): 0
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
FISCAL/BUDGET: CONSENT AGENDA ~
OPERATIONS:
COUNCIL PRESIDENT: '-'p t~~ I~,...--.-'
RECOMMENDED MOTION: Move to pass the Consent Agenda as presented.
COUNCIL ACTION: D Approve D Deny [5J Table D Continue D No Action
DIGITAL RECORDING
CITY COUNCIL MEETING MINUTES
VVednesday, December 15, 2004
The weekly meeting of the City Council of the City of Bremerton was called to order in the City
Council Chambers, of the NORM DICKS GOVERNMENT CENTER 345 6th Street, Bremerton, VVashington,
VVednesday, December 15, 2004, at 5:30 P.M., with Council President Daren Nygren presiding.
Council members present were Mike Short, VVill Maupin, Carol Arends, Dianne Robinson, Mike
Shepherd, VVendy Priest, Cecil McConnell, and Brad Gehring. Also present were City Attorney
Roger Lubovich; City Clerk Paula Johnston; and Legislative Assistant Lori Smith.
The Pledge of Allegiance was led by Vice President McConnell, followed by the invocation provided
by Council Member Carol Arends.
President Nvaren made the following announcements:
1. A Pre-Council session was held in Council Conference Room 603 from 5:00 to 5:30 PM; and
2. Council will meet for a 15-Minute Executive Session to discuss a "REAL ESTATE TRANSACTION"
per RCVV 42.30.110 (1 )(c) and take action on that item at the end of the meeting as Item 8A.
MAYOR'S REPORT - There was no report tonight...
PUBLIC SERVICE ANNOUNCEMENTS
District 6 Council Member Dianne Robinson, introduced Lowell & Heidi Yoxsimer as the recipients
of the "City Pride Award" for the Month of December, and was pleased to present them with the gift of
a tree sampling donated by the City of Bremerton and Kitsap Trees.
CONSENT AGENDA
A. Check numbers 295847 through 296175; EFT-6575 through EFT-6592; and P-6581 in the
amount of $3,346,888.04 (#AB04-253)
B. Appointment of Lois E. Hoell to the Planning Commission (#AB04-254)
C. Proposal to Purchase Diesel Vehicle Exhaust Extractors for Fire Stations NO.2 and NO.3
from AIR EXCHANGE, INC. (#AB04-255)
D. Proposal to Purchase 4-VVD Tractor for Gold Mountain Golf Complex, utilizing the State Bid
for $21,612.75 (#AB04-256)
E. Amendment to Professional Services Agreement with Ed Faulk, Greens Superintendent of
Gold Mountain Golf Complex (#AB04-257)
F. Professional Services Agreement with the Law Office of DAVID P. HORTON, INC. P.S. for Legal
Services (#AB04-258)
M/S/C/U (Priest/McConnell) Move to approve the Consent Agenda as presented.
Chris HUQo, Director of Community Development, introduced Lois E. Hoell, new member of the
Planning Commission.
7A- ORDINANCE rFIRST READINGl ANNEXING APPROXIMATELY 6.14 ACRES, GENERALLY
BOUNDED ON THE EAST SIDE OF PINE ROAD JUST SOUTH OF NE ROSWELL DRIVE (#AB04-
259): Roaer Lubovich, City Attorney, explained that the City received a petition for annexation
requesting annexation of approximately 6.14 acres to the City of Bremerton. All of the requirements
for annexation have been met, and staff recommends approval of the annexation under the terms
and conditions of the proposed ordinance.
William Palmer, Land Use Consultant, discussed the process undertaken to allow this annexation.
Jerrv Clark, THE BRANDYWINE COMPANY, INC., introduced himself as the new owner of the property.
6
City Council Reg. Mtg. Minutes
Wednesday, December 15, 2004
Page 2 of 3
M/S/C/U (McConnell/Arends) Move to approve the proposed ordinance on first reading, annexing
approximately 6.14 acres to the City of Bremerton.
7B - ORDINANCE rFIRST READINGl AMENDING CHAPTER 3.48 OF THE BREMERTON
MUNICIPAL CODE (BMCl, UPDATING THE "BUSINESS & OCCUPATION TAX" PROVISIONS
CONSISTENT WITH EHB2030 (#AB04-260l: Roaer Lubovich, City Attorney, summarized that on
December 18, 2002, the City Council passed Ordinance No. 4843 adopting a new B & 0 Tax Code
codified in Chapter 3.48 BMC. On April 21, 2003, the state legislature passed EHB 2030 establishing
certain mandatory provisions to be included in Cities' B & 0 tax codes. One of the main issues
addressed in this bill is apportionment of taxes among competing taxing jurisdictions. The proposed
ordinance adopts these mandatory provisions and other changes including the following:
1) Changes or additions to the definitions of terms used in Chapter 3.48 BMC
2) Removes the minimum tax, and establishes an exemption from taxation for businesses with
gross proceeds of $20,000 or less per year.
There were no comments from the public.
Mr. McConnell suggested that the Council further study ways to assist the small business owner in
the coming year.
M/S/C/U (Short/Maupin) Move to approve an ordinance on first reading, amending Chapter 3.48 of
the Bremerton Municipal Code entitled "BUSINESS & OCCUPATION TAX" to update provisions consistent
with EHB 2030.
7C - ORDINANCE rFIRST READINGl AMENDING FY2004 BUDGET (#AB04-261l: Laura Lvon,
Financial Services Director, stated that the Bremerton City Council adopted the 2004 Annual City
Budget Ordinance (Ordinance No. 4883) on December 23, 2003. Certain programs have been
implemented and actions taken during the year which have an impact on the City's 2004 Annual
Budget resulting in the need to amend the 2004 budget document.
There were no comments from the public.
M/S/C/U (Arends/McConnell) Move to approve the ordinance on first reading, which amends
Ordinance No. 4883 relating to the City of Bremerton 2004 Annual Budget.
8A - EXECUTIVE SESSION REGARDING A REAL ESTATE TRANSACTION
The Council convened in the Council Conference Room for a 15-minute Executive Session to discuss
a "REAL ESTATE TRANSACTION" per RCW 42.30.110 (1)(c); then reconvened in the Council Chambers
to take the following action...
M/S/C/U (McConnell/Robinson) Move to schedule a public hearing during the next regular Council
meeting on Wednesday, December 22,2004 to consider the surplusing and sale of approximately 38
acres of utility property located northwest of the intersection of Sugar Pine Drive and Pine Cone Drive
in Bremerton.
COUNCIL MEMBER REPORTS
Mike Shepherd invited anyone interested in joining him for a hike that he would be leading for the
Kitsap Mountaineers on December 31, and to contact the Council office for further details.
Dianne Robinson indicated that she would not be at the next two Council meetings, and so wished
everyone a Happy Holiday Season.
Carol Arends also wished everyone Happy Holidays!
7
City Council Reg. Mtg. Minutes
Wednesday, December 15, 2004
Page 3 of 3
Will Maupin reported on his attendance at the PSRC Growth Management Policy Board meeting in
Seattle, where discussions were held regarding the 2020 Vision Award Program.
Mike Short announced an upcoming meeting to discuss Water Quality"; and informed the public that
he was on the newly formed Public Works Committee with fellow Council members Carol Arends,
Cecil McConnell, and Brad Gehring.
Daren Nvaren thanked Bob Tulp and staff from Public Works for their efforts in hanging up
Christmas Lights for the Christmas tree in Manette.
With no further business, the meeting of the City Council was adjourned at 6:35 P.M.
Prepared and Submitted by:
LORI SMITH
Legislative Assistant
Attest:
PAULA JOHNSTON, City Clerk
DAREN NYGREN, City Council President
DN/PJ/ls/cge
8
DATE SUBMITTED: December 22, 2004 BILL # O~ - 003
AGENDA BILL 8A
CITY OF BREMERTON
CITY COUNCIL ........................................................................................
SUBJECT: Public Hearing on Ordinance Committee Meeting Date: December 29, 2004
amending Chapter 10.13 relating to fines for COUNCIL MEETING Date: January 5 and 12,2005
violating provisions relating to motorized Department: City Attorney's Office
wheeled transportation devices Presenter: Brett C. Vinson
Phone: 473-2345
SUMMARY: The current provisions ofBMC Chapter 10.13 relating to fines imposed for violation
of provisions relating to motorized wheeled transportation devices should be revised to align the fines
with State law. The proposed ordinance amends the fines relating to violation of Chapter 10.13.
ATTACHMENTS:
Proposed Ordinance
FISCAL IMPACTS (Include Budgeted Amount):
APPROVALS:
DEPARTMENT DIRECTOR: ,~_.~.~,....---
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
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FISCAL/BUDGET: ./'i.Y~~ -::. /~ CONSENT AGENDA D
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OPERATIONS: " r" -1-t.t/~' ". ...... .............."
COUNCIL PRESIDENT: ~Dtt^t- =/ L,ttr--
RECOMMENDED MOTION:
1. I move to approve the proposed ordinance on first reading amending BMC Chapter 10.13 relating
to fines for violating provisions relating to motorized wheeled transportation devices.
2. I move to pass Ordinance No. on second reading amending BMC Chapter 10.13 relating
to fines for violating provisions relating to motorized wheeled transportation devices.
COUNCIL ACTION: D Approve D Deny D Table D Continue o No Action
9
ORDINANCE NO.
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, amending Bremerton Municipal Code
Chapter 10.13 relating to fines for violation of the provisions of the
chapter relating to motorized wheeled transportation devices.
WHEREAS, the City desires to amend the fines relating to violation of the
provisions ofBMC Chapter 10.13 entitled "Motorized Wheeled Transportation Devices;" NOW
THEREFORE
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 10.13.110 of the Bremerton Municipal Code entitled
"Violation - Penalty" relating to motorized wheeled transportation devices is hereby amended to
read as follows:
10.13.110 VIOLATION - PENALTY.
(a) Any person violating any provision of this chapter. except for section
1 0.13.070(a). shall be guilty of a civil infraction and shall bc plinished by the imposition of a
liable for monetary penaltyies ef not more than to exceed $4D-l-W, exclusive of statutory
assessments, provided, conduct that constitutes a criminal offense may be charged as such and is
subject to the maximum penalties allowed for such offenses. Community service hours may be
imposed in lieu of a monetary penalty.
(b) Any person violating section 10. 13.070(a), shall be guilty of a civil infraction and
shall be liable for monetary penalties as set forth in Chapter 7.80 RCW not to exceed $25.00
exclusive of statutory assessments.
(~b) Bremerton Municipal Court - Jurisdiction. The Bremerton Municipal Court shall
have jursidiction to adjudicate, in accordance with applicable laws, any violation of this chapter;
provided that in the event jurisdiction over a juvenile lies with another court, that other court
shall have jurisdiction to adjudicate the offense.
SECTION 2. Severability. If anyone or more sections, 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 3. 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 ,2005
DAREN NYGREN, Council President
1
Motorized Wheeled Transportation Devices
1lil
Approved this day of ,2005
CARY BOZEMAN, Mayor
ATTEST: APPROVED AS TO FORM:
PAULA JOHNSTON, City Clerk ROGER A. LUBOVICH, City Attorney
PUBLISHED the day of ,2005
EFFECTIVE the day of ,2005
ORDINANCE NO.
R:\LEGAL\Ordinances\Police\BMC Motorized foot scooters- fine amendment.doc
2
Motorized Wheeled Transportation Devices
11
DATE SUBMITTED: December 16, 2004 BILL # O~ - 00"
AGENDA BILL
CITY OF BREMERTON 88
CITY COUNCIL ........................................................................................
SUBJECT: Public Hearing on Resolution Committee Meeting Date: December 29,2004
No. ~ accepting the proposal for COUNCIL MEETING Date: January 5, 2005
annexation from Charles Cash, Virginia Department: Community
Cash, and Seattle Realty, Inc. Development
Presenter: Chris Hugo
Phone: 473-5243
SUMMARY: The City received a petition from Charles Cash, Virginia Cash, and Seattle Realty, Inc.
seeking annexation of territory into the City. The City must meet with the initiating parties not later
than 60 days after filing the request to consider the petition and make certain decisions regarding the
annexation. The proposed resolution accepts the proposal for annexation, adopts the comprehensive
land use plan designation for the proposed annexation area, requires the assumption of all existing
City indebtedness and requires that the appropriate petition be filed with the City and the required
information be forwarded to the Boundary Review Board.
ATTACHMENTS: Proposed Resolution
FISCAL IMPACTS (Include Budgeted Amount):
APPROV ALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
.. ::::::::,..
FINANCE DIRECTOR:
MAYOR:
FISCAL/BUDGET: CONSENT AGENDA D
I
OPERATIONS: G
COUNCIL PRESIDENT:
RECOMMENDED MOTION: I move to pass Resoluti No. , accepting the
application for annexation received from Charles Cash, Virginia Cash, and Seattle Realty, Inc.
COUNCIL ACTION: D Approve D Deny D Table D Continue D No Action
1'7
RESOLUTION NO. ~q5D
A RESOLUTION of the City Council of the City of
Bremerton, Washington, accepting the proposal for annexation and
authorizing the circulation of a petition for annexation and further
requiring the adoption of the City's Comprehensive Plan land use
designation for the proposed annexation area and requiring the
assumption of all of the City's existing indebtedness by the area to
be annexed.
WHEREAS, on November 18, 2004, the City received a petition for annexation
of territory to the City ofBremerton from Charles Cash, Virginia Cash, and Seattle Realty, Inc.;
and
WHEREAS, the proposed area for annexation is located at West Wemer Road
and Ida Street West as depicted in Exhibit A and legally described and further depicted in the
Petition for Annexation of Territory to City of Bremerton attached hereto as Exhibit B. Both
exhibits are incorporated herein by reference; and
WHEREAS, the initiating parties are the owners of not less than ten percent in
value ofthe property, according to the assessed valuation for which annexation is petitioned; and
WHEREAS, the initiating parties are the owners of not less than ten percent of the
acreage for which annexation is petitioned; and
WHEREAS, the proposed area for annexation is located within the City's Urban
Grown Area (UGA); and
WHEREAS, the land designation previously established by the city for the
proposed area for annexation is Industrial; and
WHEREAS, the City Council must meet with the initiating party not later than 60
days after filing the request for annexation to consider the petition and decide whether it will I)
accept, reject, or geographically modify the proposed annexation; 2) require the simultaneous
adoption of the comprehensive plan for the area proposed to be annexed; and 3) require the
assumption of all or any portion of City indebtedness by the area to be annexed; and
WHEREAS, City Council has set January 5,2005 as the date that it will meet
with the initiating party to consider the petition; and
WHEREAS, City Council finds that it in the best interest of the city to accept the
proposed annexation as presented, require the simultaneous adoption of the comprehensive plan
for the area proposed to be annexed and require the assumption of all or any portion of City
indebtedness by the area to be annexed; NOW THEREFORE,
1
Annexation - Rainier Tracts
1"
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The Petition for Annexation of Territory to the City of Bremerton
attached hereto as Exhibit B is hereby accepted as presented without any geographic
modification to the area proposed to be annexed.
SECTION 2. The City Council hereby simultaneously adopts the comprehensive
plan land use designation of Industrial previously established by the City for this area in the
UGA for the proposed annexation area.
SECTION 3. The City Council shall require the assumption of all existing City
indebtedness by the area to be annexed.
SECTION 4. The initiating party shall be required to submit the appropriate
petition as required by law to proceed with the annexation and to forward the required
information to the Boundary Review Board (BRB).
SECTION 5. 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 6. 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\Annexation - Rainier Tracts\Annexation Petition Resolution.doc
2
Annexation - Rainier Tracts
111
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Exhibit A
11:)
- ----.-----
PETITION FOR ANNEXATION OF TERRITORY
TO
CITY OF BREMERTON
City Council
CITY OF BREMERTON
239 - 41H Street
Bremerton, Washington 98337 . .
We the undersigned, who are the owners, according to the records of the auditor of
Kitsap County, of not less than 60% of the area of the following described real property
situated in Kitsap County, Washington, respectfully petition that the said real property be
annexed to the City ofBremerton, Washington and we respectfully state as follows:
I. The area proposed to be annexed to the City is more particularly described as follows:
Rainier Tracts:
Lots 13, 14 and 15, Block 2, Rainier Tracts, as per Plat recorded in Volume 6 of Plats, on Page
51, records of Kitsap County, Washington; Situate in Kitsap County, Washington; SUBJECT
TO and easement for utilities over, under and across the West 15 feet thereof.
And
Rainier Tracts:
Lots 17 and 18, Block 2, Rainier Tracts, as per Plat recorded in Volume 6 of Plats, on Page 51,
Records of Kitsap County Washington; Situate in Kitsap O>unty, Washington
2. The said area adjoins the existing boundaries of the City of Bremerton and is in Kitsap
County.
3. A plat map outlining the boundaries of the real property described above is attached hereto
and made a part of this petition.
4. The undersigned petitioners respectfully request the City Council of the City of Bremerton
to entertain this petition and fix a date for public hearing thereon, such date to be not less than
fifteen (15) days after notice of the date and time of the hearing has been published in one
issue of a newspaper in general circulation in the area proposed to be annexed, the said notices
are to specify the time and place of hearing and invite interested parties to appear and voice
approval or disapproval for the proposed annexation
Exhibit B
16
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Signature of Owner of Record ~
Signature of Owner of Record
STATE OF WASHINGTON )
)ss
COUNTY OF KlTSAP )
On this ~n! day of SEPT/Ef(}dEIl. , 1-9 '20()4. before me, the undersigned, a Notary
Public in and for the State of Washington, duly commissioned and sworn. personally appeared
('J.lIJ~LES I.J.l (!J},~ # , to me known to be th$--Individual described herein and who .
executed the within and foregoing instrument, and acknowledged that HE signed the same as
free and voluntary act and deed. for the uses and purposes therein mentioned. and on oath
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WITNESS MY HAND AND~ICIAL SEAL THIS 2 f'I!day of SE PTel17I?Jg 19 z()Ol/.
#\~~~"r~'~IIQ/.I~. ,fD()JY)' /bo1. lIo{JK()u;
~~~~?:~~~~.E.NT' p.o!'1/~ NOTARY puJtlc, in and for the ze of W8S1".
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Signature of OWner of Record
Signature of Owner of Record
STATE OF WASHINGTON )
)ss
COUNTY OF KlTSAP )
On this~ "J day of ...Se{J1ernbel, ' a2tJOt/, before me, the undersigned, a Notary
Public in and for the State of Washington, duly commissioned and sworn, personally appeared
VIRblNll}. (.;. CIt.t;H . to me known to be the Individual described herein and who
executed the within and foregoing instNment, and acknowledged that SH~ signed the same as
free and voluntary act and deed, for the uses and purposes therein mentioned, and on oath
stated that he was authorized to execute said instrument.
WITNESS MY HAND A~FICJAL SEAL THIS o?llgday of SEPTem8EJt.. '.49e::r:tJtJ
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Signature of Owner of Record
Signature of Owner of Record
STATE OF WASHINGTON )
)ss
COUNTY OF KITSAP )
On this :J()d day of f1"/{ltemb2.-R. . t9:7()/)tJ, before me, the undersigned, a Notary
Public in and for the State of Washington, duly commissioned and sworn, personally appeared
lJJUJ ;nm 6. ~h{)l1r{)..p , to me known to be the-Ihdivldual djJcribed herein and who .
executed the within and foregoing instrument, and acknowledged that F" signed the same as
free and voluntary act and deed, for the uses and purposes therein mention~d, and on oath
stated that he was authorized to execute said instrument.
WITNESS MY HAND AND OFFICIAL SEAL THIS c1n.iJay of ~f,hI,.mbdl ',ffJ~
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Signature of OWner of Record
Signature of Owner of Record
STATE OF WASHINGTON )
}ss
COUNTY OF KlTSAP )
On this day of , 19 , before me, the undersigned, a Notary
Public In and for the State of Washington, duly commissioned and sworn, personally appeared
. to me known to be the Individual described herein and who
executed the within and foregoing instrument, and acknowledged that signed the same as
free and voluntary act and deed, for the uses and purposes therein mentioned, and on oath
stated that he was authorized to execute said instrument.
WITNESS MY HAND AND OFFICIAL SEAL THIS day of ,19
.
NOTARY PUBUC, in and for the State of Washington,
residing at:
My Commission expires:._
?1iI
Property Owner Name: Tax ID No._ 4627-002-013-0006
ChCl!.ks,,~.'Bash 1
~.~ /" 7 /, II
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( /"'.> ~t G' .. ...,) Cd .1" /
......... ,,-.,----" .......:::7" I' -,' {,,'(j,,'/ l_v'C{VI'; . " /1..,-{Z<R~1./
(' .,-'. .' J -, ,
P.O. Box 191, Silverdale, Washington 98383
"
Property Owner Name: Tax ID No._ 4627~2-013-0006
Virginia G. Qash /.-)
., /' .'
r' 't / b:
" - .,./" - ... ~- - - _' -;,:1...,," 1/""'/,)
" ><C-Y' t. .;Y['(<.-7fL.j ".Aj L . a.-tL?-\ /
P.O. Box 191, Silverdale, Washington 98383
Property Owner Name: Tax ID No. _4627-002-017-0002
----
_278 Wilkes Avenue, Bremerton, Wa. 98312
71
DEPARTMENT OF
COMMUNITY DEVELOPMENT
"1EMORANDUM
To: Council President Nygren and City Council Members
From: Chris Hugo, Direc~
Date: December 23, 2004
Re: Petition by Cash for Annexation of Property on Werner Road
The subject property petitioned for annexation sits within an "island" of unincorporated land in
West Bremerton. This island is included within the City's urban growth area, and annexation
is expected at some time. State annexation statutes make specific provision for island
annexations that allows a city to proceed unilaterally to bring such areas into the city.
With the Council's pending discussion of the Annexation Program that you funded with the
2005 budget, the Council will set annexation priorities in early 2005, and staffwill proceed in
concert with those priorities. The island that the Cash property sits within could be one of
those priorities. The annexation process would benefit by having some property owners
advocating for the city initiative. That is one reason that I recommend that the Council NOT
act favorably on this petition at this time - it will be better to include this property with the
overall island annexation.
Also, staff resources are an issue (that's why the Council added a Planner to DCD). DCD has
no "extra" time to process annexations, and the City Attorney, who attempts to help as a
matter of providing good public service, cannot do all that is required. It is the Administration's
position that we wait on all annexation requests until DCD has additional staff and a Council-
approved program in place in early 2005.
1
22
PETITION FOR ANNEXATION OF TERRITORY
TO
CITY OF BREMERTON
City Council
CITY OF BREMERTON
239 - 4TH Street
Bremerton, Washington 98337
We the undersigned, who are the owners, according to the records
of the auditor of Kitsap County, of not less than 60% of the area of
the following descr1bed real property situated in Kitsap County,
Washington, respectfully petition that the said real property be
annexed to the City of Bremerton, Washington and we respectfully state
as follows:
1. The area proposed to be annexed to the City is more particularly
described as follows:
Rainier Tracts:
Lots 13, 14 and 15, Block 2, Rainier Tracts, as per Plat recorded
in Volume 6 of Plats, on Page
51, records of Kitsap County, Washington; Situate in Kitsap
County, Washington; TOGETHER WITH the abutting right-of-way of Ida
Street; and
SUBJECT TO and easement for utilities over, under and across the West
15 feet thereof.
And
Rainier Tracts:
Lots 17 and 18, Block 2, Rainier Tracts, as per Plat recorded in
Volume 6 of Plats, on Page 51,
Records of Kitsap County Washington; Situate in Kitsap County,
Washington; TOGETHER WITH the abutting right-of-way of Ida Street
2. The said area adjoins the existing boundaries of the City of
Bremerton and is in Kitsap C~unty.
3. A plat map outlining the boundaries of the real property descr1bed
above is attached hereto and made a part of this petition.
4. The undersigned petitioners respectfully request the City Council
of the City of Bremerton to entertain this petition and fix a date for
public hearing thereon, such date to be not less than fifteen (15)
days after notice of the date and time of the hearing has been
published in one issue of a newspaper in general circulation in the
area proposed to be annexed, the said notices are to specify the time
and place of hearing and invite interested parties to appear and voice
approval or disapproval for the proposed annexation
23
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Property Owner Name: Tax: ill No. 4627-002-013-0006
CharlesW. ~ash ,-
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P.O. Box 191, Silverdale, Washington 98383
Property Owner Name: Tax ill No. 4627-002-013-0006
Virginia G. Eash,,/<.)
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P.O. Box 191, Silverdale, Washington 98383
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Property Owner Name: Tax ID No. 4627-002-017-0002
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From: Luke Korpi FILE
To: Svensson, Jim
Date: 1/3/054:31 PM
Subject: Cash Annexation
Jim,
We've done a review of the cash annexation.
One housecleaning item: The existing city limit line as shown on the petition exhibit is incorrect. The legal
description for the abutting annexation to the west (City Ordinance 4581) indicates that the existing city
limits run along the North line of Werner Road, and along the west line of Ida all the way from Werner to
Rogers. The petition exhibit incorrectly shows the City limits running along the south line of Werner Road,
and also shows an incorrect eastward jog along Ida.
In addition, the legal description of the proposed annexation in the petition is not consistent with the
exhibit. The legal correctly indicates that the abutting right-of-way of Ida will be annexed. This is not
clearly shown on the exhibit. Assuming that the legal description accurately reflects the intended
annexation, the proposed annexation abuts the existing city limits on the south and east.
Water and sanitary sewer service facilities are currently provided by the City of Bremerton, and are located
in Werner Road. It's anticipated that the existing service has adequate capacity to accommodate any
future development of the site. No storm sewers are provided to the site; drainage is via surface ditches.
Any future development of the annexation area may be required to upgrade the drainage facilities along
the development frontage.
The general street infrastructure can accommodate proposed development of the annexation area. Any
project-specific mitigation associated with future development of the site would be developed through the
SEPA process in consultation with Kitsap County.
Please let me know if you have any questions.
Luke
CC: Knuckey, Thomas; Mecham, Mike
I
DEPARTMENT OF
COMMUNITY DEVELOPMENT
"1EMORANDUM
To: Council President Nygren and City Council Members
From: Chris Hugo, Di~
Cc: City Attorney
Date: January 4, 2005
Re: CASH PETITION FOR ANNEXATION (WERNER ROAD)
At your December 29th study session, Jim Svensson, Development Manager, presented this annexation
petition. The Council directed Jim to contact the annexation proponents regarding the consequences of
a delay in processing the application and tO,provide technical information regarqing provision of services,
infrastructure implications, and other matters~ssociated with the proposed annexation.
Jim conducted a site visit on Thursday, December 30th. It was noted that the most of the subject property
is presently used for overflow parking for employees of a business that contractswith the Navy to
conduct ship overhauls at PSNS. There are light industrial buildings and associated parking located due
west and north of the subject property. The southerly portion of the site (adjacent to Werner Road) is a
ravine that is not presently usable for development.
On Thursday, December 30th, Jim contacted both Charles Cash and William Schourup, the annexation
proponents (apparently Mr. Schourup is purchasing the property from Mr. and Mrs. Cash). Both parties
indicated that their immediate objective is to continue to use the site for parking, and that a reasonable
delay in processing the annexation would not adversely impact their ability to do that. Mr. SChourup
indicated that he would like to eventually make application to the City to develop the site as an improved
parking lot once annexation has taken place (the site is currently not paved or striped).
As indicated by the attached E-mail from Luke Korpi, there are some technical deficiencies associated
with the annexation petition. While not of major significance, they should be corrected before moving
forward with the annexation. Luke indicates existing utilities have adequate capacity to accommodate
future development of the property, although future development may require improvements to drainage
facilities in the vicinity. He also reports that "the general street infrastructure can accommodate proposed
development of the annexation area. Any project-specific mitigation associated with future development
of the site would be developed through the SEPA process in consultation with Kitsap County."
If you should have further questions about this petition, feel free to contact Jim at 473-5297 or myself.
1
From: Roger Lubovich
To: Thelma Swem
Date: 1/5/052:25PM
Subject: Fwd: Cash Annexation Proposal
Roger A. Lubovich
City Attorney
City of Bremerton
345 6th Street, Suite 600
Bremerton, Washington 98337-1873
(360) 473-2345
(360) 473-5161 - facsimile
roger.lubovich@ci.bremerton.wa.us
This message is private or privileged. If you are not the person for whom this message is intended,
please delete it and notify me immediately, and please do not copy or send this message to anyone else.
Thank you.
>>> "William Palmer" <wpconslts@telebyte.net> 01/05/05 02:22PM >>>
Roger,
I did not hear back from my client - Bill Schourup. However, it seems
advisable to withdraw the Cash Annexation proposal at this time. As
soon as I talk to Bill, we will either re-file the annexation as
proposed or revise it and then re-file it.
If it is possible, could you forward the correspondence you received
from the Public Works Department relative to the correct existing city
boundaries? If e-mailable, my e-mail address is
wpconslts@telebyete.net. Alternatively, my Fax No. is [253] 858-3654.
Again, for the record, as an agent of William E. Schourup and Charles
and Virginia Cashthis e-mail I am hereby withdrawing the Cash Annexation
petition.
Thank you,
William M. Palmer
W.M. PALMER CONSULTANTS