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HomeMy WebLinkAbout03/26/97 TAPE #1450 CITY COUNCIL MEETING MINUTEB MARCH 26, 1997 The regular meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4th Street, Bremerton, Washington, Wednesday, March 26, 1997, at 5:30 P.M., with Council President David Farr presiding. Council members present were Bob Winters, Carlos Montgomery, Sherril Huff-Menees, Richard Neville, Lon Overson, John Law, Cecil McConnell, and Al Colvin. Also present were City Attorney Ian Sievers and Deputy City Clerk Paula Johnston. The meeting opened with the Pledge of Allegiance led by Council President Farr and Invocation given by Reverend Ray Streutker. President Farr made the following announcements: (1) City Council held an Executive Session immediately prior to the Council meeting tonight to discuss "Review of Personnel Performance"; and (2) City Council will hold an Executive Session immediately after the Council meeting tonight to discuss "Review of Personnel Performance". CON8ENT AGENDA A. Minutes of Meeting -- March 12, 1997 #AB97-062 B. Minutes of Meeting -- March 19, 1997 #AB97-063 C. Bid Award to Smith Tractor & Equipment #AB97-064 Company, Inc. for the Purchase of a John Deere 310E Backhoe for the Parks & Recreation Department #0035 M/S/C(Neville/Montgomery) to approve the Consent Agenda as presented. Vote on motion: In favor: Montgomery, Huff-Menees, Neville, Overson, Law, McConnell, Colvin, Farr Opposed: Bob Winters Motion carried. CLAIMS/CHECK REGISTERS Vouchers audited and certified by the auditing officer as required by RCW 42.24,080, and those expense reimbursement claims certified as required by RCW 42.24.090, have been recorded on a listing that had been made available to the Council. TAPE #1450 City Council Reg. Mtg. Minutes March 26, 1997 Page 2 of 6 #0060 M/S/C/U(Colvin/Overson) on March 26, 1997, the Council does approve for payment those vouchers included and further described as follows: Regular Payroll for the period ending March 15, 1997 in the amount of $674,228.14; and 20751 through 207382, EFT-4152 in the amount of $413,663.82. COUNCIL MEMBER REPORTS Mr. Winters reported he attended the grand tour of the Admiral Theater with the other Council members on Tuesday evening, and thanked the members of the community who contributed to this project. He reminded the public that there is still fund raising to be completed. Mr. Neville encouraged all citizens to pick up their copy of Spring 1997 events sponsored by the Bremerton Parks & Recreation Department. Mr. Law announced the next District 3 meeting will be held Tuesday, April 15, and they will be hosting a representative of the Washington State Department of Highways Bridge Division to present the next update on the location of the Manette replacement bridge. Mr. McConnell reminded citizens that the next District 2 meeting will be Thursday, April 3, 6:30 P.M. at Fire Station No. 3, and everyone is welcome. Mr. Colvin expressed his appreciation to the Admiral Theater group, and noted citizens have every reason to be proud of what has been accomplished. Mr. Farr reported he also attended the Open House at the Admiral Theater, and agreed that citizens should be proud because it is a beautiful facility. He announced a public meeting on Traffic Calming Devices for the Anderson Cove area will be held Thursday, March 27, at the Bremerton High School, in Room 206. MAYOR'S REPORT Mayor Lynn Horton congratulated the Bremerton Church of the Nazarene on the Park inauguration held recently, and feels they have a tremendous sense of pride and community to dedicate this piece of private land for use as a public park. She announced the Church's Spring Fest Celebration will be held on Saturday, March 29. She also thanked Councilman Montgomery and a local businessman for attending an all day long-range planning strategy workshop sponsored by the Fire Department. PUBLIC RECOGNITION Reverend J. Scott Shaw, Bremerton Church of the Nazarene, thanked TAPE #1450 City Council Reg. Mtg. Minutes March 26, 1997 Page 3 of 6 Mayor Horton and Councilman Colvin for attending the Park dedication last Sunday morning; and also invited the public to Spring Fest this Saturday, March 29, 11:00 A.M. - 4:00 P.M. Events are scheduled for all members of the family, and all events are free. John Thomas, Bremerton resident, asked if more than two "public copies" of the Council Agenda Packet can be provided when there is a Public Hearing. Gordy Byrd announced a meeting will be held to discuss Rules of Conduct for Kitsap Transit on April 2, 12:30 P.M. in Silverdale. Bill Parsons, Bremerton resident, has lost several animals due to speeders on his street. He requested the Engineer Department place a "Speed Zone" sign half way down east 18th Street, by the hill, where drivers are more likely to see it. Roy McGinnis requested donation of emergency items such as soap, blankets, and other essential items for victims of the floods in Arkansas. Donations can be brought anytime after 12:00 noon at the Sinclair Missionary Baptist Church on 4900 King Street, or 2711 Maple Street in East Bremerton. 7A - PUBLIC HEARING ON RESOLUTION NO. 2588. APPROVING PRELIMINARY PLANNED UNIT DEVELOPMENT (PUD) FOR SINCLAIR LANDING APPLICANT: SINCLAIR LANDING AS8OCIATIONI LOCATION: BREMERTON'S CENTRAL BUSINESS DISTRICT. DOWNTOWN. #AB97-057 The Sinclair Landing Planned Unit Development will redevelop a significant portion of Bremerton's central business district. It includes the construction of 18 new buildings, housing offices, retail stores, cinemas, residential/hotel units, a museum, and parking garages. The plan also proposes a new ferry terminal, referred to as the Bremerton Transportation Center (BTC). In order to accomplish the plan, the City Council is being requested to approve the following: Planned Unit Development (PUD), Shoreline Substantial Development Permit, Shoreline Conditional Use, Site Plan Review, Right-of-Way Vacation, and Zoning Map Amendment (Zone portion of PSNS for Bremerton Transportation Center). These proposals were presented and discussed at the Planning Commission Public Meeting on January 21, 1997. The Planning Commission recommends City Council APPROVAL of the Preliminary PUD and accompanying applications, subject to the conditions contained in the Synopsis, Opinion and Consensus of the BremeHon Planning Commision(Exhibit A). President Farr asked the "Appearance of Fairness/Conflict of Interest" questions. Ms. Huff-Meness stated she will not be TAPE #1450 City Council Reg. Mtg. Minutes March 26, 1997 Page 4 of 6 commenting or voting on this issue due to her role on the Board of Directors for the Sinclair Landing Association; Mr. Winters will also not comment or vote on this issue due to owning a business in the targeted area. Don Pratt, Director of Community Development, pointed out the change of "Sinclair Landing Association" as the applicant, instead of "Howard S. Wright Construction Company". He noted several other changes incorporated into the proposed Resolution. He then gave a presentation advising where this project has been, and where it will be going. Four documents were used to review this project's compliance: the City Zoning Code, the City Shoreline Code, the Waterfront Access Plan, and the Downtown Waterfront Urban Renewal Plan. The application was a result of regular weekly meetings, held during 1996, between the applicant and zoning, environmental, Engineer, and Utilities staff. Neighborhood meetings were then held as part of the application process, and then presented to the Planning Commission as part of their normal review process. During this whole process, the application was amended several times. In addition, there have been numerous community meetings. This Public Hearing is being held to further review the application, and described the steps of this process that are still to come. Matt Mathis, Land Use Specialist, provided additional details to the permit process and Resolution. He discussed portions of the 17 conditions, provided in the Council packet, which apply to the Planned Unit Development (PUD). The PUD Resolution enables the project by approving the process, which is the action before Council tonight. Mary McClure, Executive Director, Sinclair Landing Association, described why the "applicant" status had changed. In 1995, the Fletcher Wright firm was selected to design and implement the Sinclair Landing Project. A "team" was actually selected, as opposed to a single firm, and a non-profit corporation was established. The "planning" phase of the project is now complete, and the "buying land and building it phase" is about to begin. Ms. McClure displayed several overhead graphics to show the geographic boundaries of the project area, where retail will be located with the anticipated square footage, and the plans for a waterfront hotel, office buildings, movie theater, residential units, and parking garages with enough spaces to service the entire project once it is built. It was stressed that the exact configuration of uses and buildings will be "market-driven". The anchor to the private development will be the Bremerton TAPE #1450 City Council Reg. Mtg. Minutes March 26, 1997 Page 5 of 6 Transportation Center (BTC). This facility will include new passenger-only service and boats, with the first new passenger-only ferry on the waterfront by early 1998, and will include a covered, heated waiting area. One unique aspect of the BTC will be the Commuter Retail Building, which will be a privately owned, privately constructed part of the facility, and will include a full range of services such as a coffee shop, dry cleaners, florist, newspaper vendor, etc. The final design will be brought to the Department of Community Development and the Council when finalized. One important change being recommending for the current Planned Unit Development application is the access to and from the BTC. Using the Value Engineering Process for the design, a suggestion was made to widen Pacific Avenue, and use this route for access and exit to the BTC, instead of the current plan for a tunnel under Washington Street. The Pacific Avenue route, or the "Pacific Gateway Option", will have much less impact on existing businesses and be far less expensive. A Public Meeting/Open House will be held April 14, 5:30 - 8:30 P.M., at the Washington Mutual Bank, in the Community Room, to give the public an opportunity to view the plans and documentation, and ask questions. Anticipated time-lines identify the first element will be the Bremerton Transportation Center, with construction on the passenger-only ferry facility beginning this summer, and completed in early 1998. The rest of the construction on the BTC will continue, and completed in early autumn of 1998, following about a year of construction. The private construction will be concurrent with the construction of the BTC. It is anticipated the first phase to be fully open by the Spring of 1999. It is important to note that plans have been developed to continue full access to the ferry terminal throughout the construction period. There will be disruptions, but every effort will be made to ensure that this phase flows smoothly. The impact on existing businesses has also been considered. Information will be provided to local businesses so they know what is happening. Attention will also be given to issues like access and egress to businesses for customers, deliveries, etc. This is one advantage to the Pacific Gateway Option, and that is full accesses to the businesses on First Street during the construction. Ms. McClure introduced a number of "team" members, who will be available to answer questions, Patrick Downs, Environmental Attorney; Randy McGreal; Eric Anderson and Rob Henry, who worked on the PUD application; Dick Hayes, Executive Director of Kitsap TAPE #1450 City Council Reg. Mtg. Minutes March 26, 1997 Page 6 of 6 Transit; Gary Gartin, President of Sinclair Landing Association; Rich Rucker, Development Manager for the Commercial Group; and John Purlick, from Parametrix, who did most of the transportation analysis for the PUD application. Mr. Pratt closed the presentation by explaining that Council is being asked to approve the Preliminary Planned Unit Development Permit, and being provided more details on how the phasing works. He emphasized construction permits cannot be issued until after a FinaI Planned Unit Development Permit is issued. If Council approves the Preliminary, the applicant has two years to submit the final PUD Plan. A Final PUD will still not be issued until each property owner within either the whole project area or "phase" area, has signed an agreement authorizing the Final PUD application to be received. Mr. Overson asked for an explanation of the contradiction between the phasing schedule shown on the overhead graphic, versus what was provided in Council's packet. President Farr asked for clarification whether Council was voting on the Pacific Gateway Option modification? Mr. Pratt stated the recommendation is to include the Pacific Gateway Option Amendment. President Farr asked for "opponents" to the Sinclair Landing Project. Public comment - none. Charlie Brown, neither a "opponent" or "proponent", asked several questions: 1) How much private dollars have been committed, and who committed the dollars? 2) How much public dollars have been committed, and who committed those dollars? 3) How many new jobs will be produced by this project? 4) What will be the average wage of those new jobs? 5) What is the estimated amount of tax dollars to the City? President Farr then asked for "proponents" to the Sinclair Landing Project. Those who spoke in support of the project were: Gary Gartin; Ward Yolly; Brad Rucker; Peter Bevis, Kalakala Foundation; Ruth Reese; Eric Anderson, representing the nearly 500 individual and business members of the Bremerton Chamber of Commerce; Earl Smith, Jr., President of the Economic Development Council; Douq Skrobut, McCormick Land Company; Beverly Kincaid, President of the Bremerton Historic Ships Association; Joan Dinafield, Bremerton resident and Bremerton School District employee; Sharon Shrader, Kitsap County Treasurer, Sinclair Landing Association Board Member and Bremerton resident; Michael Cormoily, Dean of Business Services for Olympic College, Sinclair Landing Association Board member and the Bremer Trustee; Richard Hayes, General Manager of Kitsap Transit; Bonnie McDade, Bremerton resident, Sinclair Landing TAPE #1450 City Council Reg. Mtg. Minutes March 26, 1997 Page 7 of 6 Association Board member and Director of Business Development for the Economic Development Council of Kitsap County; Roger Papineau, Bremerton Waterfront Partners and Sinclair Landing Association Board member; Jeffrey Hecker, Sinclair Landing Association Board member, business owner and Bremerton resident. TAPE #1451 Comments of support include: (1) improved image and recognition; (2) increased economics, pride in the whole community; (3) new businesses in and around the project area; (4) improved housing and increased owner-occupied housing; (5) new family attractions and amenities, benefits for the whole County; (6) increased tourism trade for other tourist attractions, such as the Turner Joy; (7) new employment opportunities; (8) success of the community is dependent upon the success of the School District, but the success of the School District is also dependent upon the success of the community and that is the reason the Bremerton School District supports the Sinclair Landing project; (9)revitalization/ redevelopment of downtown Bremerton will change the culture of the community and that in turn will reflect positively on the Bremerton schools; (10) elements for success are present in the PUD as not seen in prior attempts for development of the downtown area; (11) this effort is not to return to some past luster, but to create a City center that never was, a place for today and tomorrow that marries the best of natural beauty and human interaction; (12) without the surrounding development of property within the Sinclair Landing project, the downtown's largest building will remain as is; (13) Kitsap Transit and the City have worked side-by-side since 1995 to find a developer for a downtown revitalization project, not just another Study; (14) all local governments involved with this project will take more financial risk; however, there are not many projects that can have a 100 million dollar private investment payoff for the community; (15) economic stability and viability for entire Kitsap county; (16) first impressions of the City is critical to prospective businesses looking for places to locate; (17) this project is an opportunity of a life time; (17) project will positively impact surrounding business areas. Richard Hayes, General Manager of Kitsap Transit, outlined the following financial data associated with this project: Over $800,000 of local funds in City property and over $300,000 in Port of Bremerton property that become part of this project. There is a private contribution estimated at a minimum of $4 million in the commuter retail services building. The State of Washington has committed over $4.5 million between Central Puget Sound Transportation Account Funds and other kinds of funds that are smaller, but substantial. The State Ferry System has committed $3 TAPE #1451 City Council Reg. Mtg. Minutes March 26, 1997 Page 8 of 12 million and $360,000 in in-kind and Kitsap Transit is using for them another $150,000 in shore side activities related to their new super column and 20th century accessible walkway to the car ferries. The State has also put $3 million in their budget request. Federal funds committed to this project include: ISTEA (flexible Highway Administration funding) $4.7 million, which has been secured, and the Federal Transit Administration is being asked for a total of $8 million and Transit has received just slightly less than $2 million. Well over $17 million is in hand with excellent prospects for $3 million more from the State and $4 million more from the Federal Government and the $4 million private contribution has to be added. Because of the timing of funding, the Transit System may have to be responsible, presuming a combined borrowing through Sinclair Landing, for $8-10 million of which Transit has an excellent chance to secure $4-5 million in buy down funding from outside sources. That would leave the Transit System with $4-5 million, a reasonable ultimate total expenditure, which is in the $500,550 range if annualized over a 20-year period. Sales Tax revenue to the Transit System from the full development, presuming a solid retail base as part of the whole package, is well in excess of that amount. Half the development level proposed projects to bring in $350,000 per year in additional sales tax. John Thomas, Bremerton resident, asked the following questions: (1) why was Council being asked to make amendments to the PUD that corrects someone else's errors and what is the cut off date so that it can be corrected properly prior to Council voting on the issue or do we lose money? (2) Why does one drawing include City Hall and another does not and is City Hall part of the project, if so where will it be located and how much will it cost him as a taxpayer? (3) Has the public had the opportunity to comment on the proposal for a new ferry terminal and has their been time to conduct on necessary environmental impact statements? (4) Who will pay for the City's Project Manager's time while he works on this project? Mr. Pratt stated he was advised by the City Attorney to limit any further discussion about tax revenues on this project, since economic issues have traditionally been frowned upon by Courts as reasons to change zoning. He preferred to speak with Mr. Brown separately regarding what economic projections are anticipated from tax revenues. There are several items that must come before the City Council, such as the sale of City property in which economic discussion is not only welcome, but part of the decision that Council will make, as well as if and when any lending of City credit occurs. Mr. Thomas asked questions relative to why the last minute amendments and why not delay Council's decision. Mr. Pratt felt they were rhetoric questions and for Council consideration during their debate. He would defer Mr. Thomas' question if City TAPE #1451 City Council Reg. Mtg. Minutes March 26, 1997 Page 9 of 12 Hall was in or out of the project to Ms. McClure. In regard to Mr. Thomas' questions about environmental Impact Studies, this project has gone through environmental review and there is a little more work to do on a project-by-project basis. Each of the studies identified earlier had with them some environmental impact analyses and an impact analyses was completed in 1996, which was found to have mitigated non-significance. He did not have an answer, at this time, for the cost of the Construction Manager, since there is no formal contract. If there is a contract between the Transit Authority and the City for Transit's use of City staff, he assumed it would be handled under the budget authority shared by the Mayor and City Council. Ms. McClure stated the question whether or not the City Hall site is included in the PUD has come up in the past year and it was her understanding that it is included in the PUD application. There have been no firm conversations with Mayor Horton or the City Council concerning the City Hall site, it has been brought up as possibility for further discussion at a future time. Mr. Pratt outlined list of possible amendments to the resolution based on testimony given during this hearing: (1) Name change of the applicant from Howard S. Wright Construction Company to "Sinclair Landing Association,,; (2) Change date of Public Hearing from March 12, 1997, to "March 26, 1997"; (3) Inserting the words "as set forth in the PUD Project Manual and Plan Sheets" in the first sentence under BE IT RESOLVED BY THE BREMERTON CITY COUNCIL; (4) Under Condition #8, deleting reference to the Washington Avenue below grade to reduce traffic noise in Washington Avenue Pedestrian Plaza; (5) Under Condition 15 delete the following: "Convert Burwell St./Pacific Avenue intersection eastbound and westbound combined through/left turn lanes to left turn turn-only lanes and convert eastbound and westbound right turn only lanes to combined through/right turn lanes to provide additional capacity and improve operations to an acceptable level of service". (6) Add Condition #18 - "The site plan is amended to include the Pacific Gateway concept as presented this evening at Public Hearing March 26, 1997". (7) Add Condition #19 - AdoPt PUD Phasing as follows: Final PUD TAPE #1451 City Council Reg. Mtg. Minutes March 26, 1997 Page 10 of 12 submittals for phases to be submitted as follows: PUD Phasina: The Sinclair Landinq PUD is intended to be a phased PUD aPProval with the followina uses constructed according to a phased two year schedule keyed off of the City's Prelimilnary PUD approval Date: Phase 1: 1997 through 1999 -- Buildings 1,2,3,4,5,12,15,16; Phase 2: 1999 through 2001 -- Buildings 8,9,10,11,20,23; Phase 3: 2001 through 2003 -- Remainder of the PUD elements Required Code amenaments will be prepared within the two year Preliminary PUD period." MS. McClure stated she was sensitive to the comment that Council was being asked to suffer through someone else's errors in dealing with the Pacific Gateway Option. She view it as asking the Council to react to some good ideas that emerged after the PUD Application was submitted. This option has less impacts than the "tunnel" proposal for property owners and it is a better transportation solution and a better urban design solution. M/S/C(Montgomery/Colvin) to adopt the Synopsis,Opinion, and Consensus of the Bremerton Planning Commision as Finding of Fact and Conclusions of Law, and approve Resolution No. 2588, approving the Preliminary Planned Unit Development of "Sinclair Landing", subject to the conditions contained herein as modified. Mr. McConnell asked for clarification of the wording "restrict" noisy operations from 6:30 A.M. to 9:00 PM under Condition #8. Mr. Pratt asked that an additional amendment be made to the resolution restricting noisy operations after 9:00 P.M. and before 9:00 A.M.. Mr. Montgomery stated he would modify his motion to include that amendment. Mr. Law questioned for clarification if the Pacific Gateway Option proposed widening the street on the west side rather than the east side? Ms. McClure explained on First Street it will be widened towards the Shipyard and on Pacific it will be widened on the west side. Mr. Law asked if that meant the buildings along the west side will have to be removed and if so, will that be handled by Kitsap Transit? Ms. McClure stated yes, and Kitsap Transit will make the acquisitions for the Bremerton Transportation Center. Mr. Law asked when that action would take place? Mr. Hayes stated the discussion with those businesses will start after Kitsap Transit provides the environmental assessment to FTA. He anticipates he will be contacting those business no later than the end of next week. There is a time line on the acquisition of those properties which if they waive their right to the Transit System paying for TAPE #1451 City Council Rag. Mtg. Minutes March 26, 1997 Page 11 of 12 their legal expenses in a condemnation suit, would still allow acquisition by December 1997. He believed the absolute requirement for acquisition of those properties is March 1998. Mr. Overson stated he understood the vacations will be negotiated, but the documentation says it gives legal description of properties to be vacated, which implies they lack a flexibility in negotiations. Mr. Pratt stated the negotiation will occur whether cash is being conveyed to the City or property of like value is being conferred to the City. There is private property that is proposed in the project to be dedicated to the City as right-of-way and there is also public right-of-way that is proposed to be vacated for private owners. There will be an appraisal of those properties and Council will see how it balances out. Mr. Overson stated this document represents 19 separate pieces of real estate that are to be vacated or dedicated. He questioned if Council's approval would leave no flexibility? Mr. Pratt stated no, he expects some of those to change by the time the final PUD comes through. In answer to Mr. McConnell's concern about noise restriction in Condition #8, the intent was to state the City will allow noisy operations from the construction to occur between 6:30 A.M. and 9:00 P.M., which is slightly different from the noise code. He retracted his earlier connnent and suggested changing the word "restrict" to "allow". Mr. Neville asked if Washington Avenue, especially between First Avenue and 4th Street, would be changed as a result of the Pacific Gateway Option? Ms. McClure stated that is subject to further design with the anticipation being that it allows more traffic circulation within the overall PUD and how that is configured, auto verses pedestrian, is up for future design. Mr. Neville asked if all the height requirements are in place to protect view corridors in this PUD process? Ms. McClure stated yes, the highest building proposed within the PUD is six stories. Mr. Neville questioned the height requirement below grade? Ms. McClure stated the lowest below grade that is allowed on the waterfront is two stories. It is anticipated that the parking garage would be below grade with buildings on top. Mr. Neville asked if deleting the tunnel on Washington Avenue would affect any height differences? Ms. McClure stated no. Mr. Pratt explained the project, as submitted in the Preliminary PUD, meets all elements of the Zoning Code and the Waterfront Renewal Plan inclusive of height limits. For purposes of buildings east of Washington, they are measured from current grade on Washington Avenue. Mr. Overson complimented everyone that has ushered along this project, which he views as exciting. Mr. MontgomerY encouraged his fellow Council members to support the TAPE #1451 City Council Reg. Mtg. Minutes March 26, 1997 Page 12 of 12 resolution. Vote on motion: Unanimous. President Farr thanked the TV camera crew for their services: Rob Rupe and Jamie Campbell. With no further business meeting adjourned at 8:07 P.M. KATHLEEN L. McCLUSKEY, City Clerk DAVID D. FARR, Council President City of Bremerton KLM/DDF/ls cc: Normal Distribution File/Vault