HomeMy WebLinkAbout12/19/2007
CITY COUNCIL MEETING MINUTES
00llICl
MMD
JAN 1 6 2008
DIGITAL RECORDING
Wednesday, December 19, 2007
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, Washington,
Wednesday, December 19, 2007, at 5:30 PM, with Council President Will Maupin presiding. Council
members present were Nick Wofford, Carol Arends, Dianne Robinson, Mike Shepherd, Wendy
Priest, Adam Brockus, Cecil McConnell, and Brad Gehring. Also present were City Attorney Roger
Lubovich; City Clerk Carol Etgen; and Council Assistant Christine Grenier.
The Pledge of Allegiance was led by Council Member Brad Gehrina followed by the invocation
provided by Pastor Dennis Payne of Ebenezer African Methodist Episcopal Church.
President Maupin announced that a Pre-Council Session to discuss General Council Business; and
that Item 7D has been pulled from the agenda.
MAYOR'S REPORT
In lieu of the Mayor's Report, President Maupin presented a plaque on behalf of the Council to
Council Member Wendy Priest in recognition of her significant contributions made during her term
of office beginning January 1,2004 and ending December 31, 2007.
PUBLIC RECOGNITION & ANNOUNCEMENTS
Brad Gehrina announced that residents may contact the Federal Emergency Management
Assistance (FEMA) agency to report flood related damage and to receive assistance in repairs by
contacting (800) 621-3362,8:00 AM to 6:00 PM, Monday through Sunday. Individuals who file for
assistance will be asked to provide personal information including contact information, address of
property damage, social security number, general financial information, and bank account
information.
CONSENT AGENDA
A. Check Numbers 312445 through 321609; and EFT-7545 through EFT-7556 in the amount of
$599,762.09 (#AB07-288)
B. Minutes of Meeting - December 5,2007 (#AB07-289)
C. Minutes of Meeting - December 12, 2007 (#AB07-290)
D. Agreement with Thompson West for Westlaw Research Subscription (#AB07 -291)
E. Purchase of (2) 100-KW Emergency Generators for Fire Stations #2 and #3 (#AB07 -292)
F. Contract Modification with HDR ENGINEERING, INC. for Design Services for Sewage Pump Station
CW-1 Upgrade (#AB07-293)
G. Real Estate and Purchase & Sale Agreement with KK SLATER ENTERPRISES for property located at
2342 Anderson Hill Road to use a portion of the property for Southwest Bremerton Residential
Sewer Extension Pump Station (#AB07 -294)
H. Authorization for a 1-month Interfund Loan from the General Government Capital Improvement
Fund to the Harborside Plaza and Commons Fund (#AB07-295)
I. Resolution No. 3042, authorizing the second amendment and extension of the Reimbursement
Agreement between the City of Bremerton and the Bank of America (#AB07-296)
J. Resolution No. 3043, ratifying the Kitsap Countywide Planning Policies as recommended by the
Kitsap Regional Coordinating Council (KRCC) and adopted by the Board of County
Commissioners (#AB07-297)
K. Resolution No. 3044, in support of the Employee Wellness Program (#AB07-298)
L. Ordinance No. 5033, amending Ordinance No. 5022, which amended the Fiscal Year 2007
Budget for the City of Bremerton as originally adopted by Ordinance No. 4991 (#AB07-299)
City Council Reg. Mtg. Minutes
Wednesday, December 19, 2007
Page 2 of 9
There were no questions or comments by the public...
05:38:40 M/S/C/U (Priest/Arends) Move to approve the CONSENT AGENDA as presented.
GENERAL BUSINESS - There were no General Business items tonight...
PUBLIC HEARING
7A- PUBLIC HEARING AND RESOLUTION NO. 3045. ADOPTING THE 2007-2012 PARKS.
RECREATION. AND OPEN SPACE PLAN AS AN ELEMENT OF THE BREMERTON
COMPREHENSIVE PLAN (#AB07-300): Wvn Birkenthal, Parks & Recreation Director, summarized
that the action before the City Council is to conduct a public hearing and adopt the 2007 - 2012
Parks, Recreation, and Open Space Long Range Plan. This plan is part of the City's 2007 annual
Comprehensive Plan amendment process. Final approval of the plan will be through the adoption of
the Comprehensive Plan amendments. The plan has been reviewed by the Planning Commission,
City Council Public Safety and Parks Committee, and recommended for adoption by the Parks and
Recreation Commission at their November 13, 2007 meeting. The process for writing the plan
included a series of advertised public meetings, mail, and internet surveys and meetings with
recreation interest groups. Draft copies of the plan have been made available to the public for review
and comment on the City web page, and hard copies located at City offices.
Bill North, Parks & Recreation Commission Member, provided his support and referenced page 5 of
the proposal which outlined the overall direction and long range vision of this plan.
Ms. Priest thanked Mr. North, members of the Parks & Recreation Commission, and Parks staff for
bringing this plan forward; and asked if the feasibility study for the West Bremerton Community
Center could be included as part of the plan. Mr. Lubovich emphasized that the motion could be
amended to include the study.
Mr. Shepherd expressed concerns over services being provided to low-income seniors and families,
and hoped that a study would be pursued to determine the true users of individual programs.
Mr. Brockus asked if the proposed center would serve seniors or the general public. Ms. Priest
stated that the feasibility study would determine the demographic best served in the center.
Mr. Gehring offered his support for the plan.
Mr. McConnell was encouraged that having a plan will allow the City to pursue grant funding.
05:58:55 Main Motion was made and discussion continued...
06:02:17 A-M/S/C/U (Priest/Shepherd) Move to add to the 20-Year Capital Facilities Plan a
community center on the west side of Bremerton.
06: 11 :26 M/S/C/U (Arends/Shepherd) Move to pass Resolution No. 3045 approving the 2007-2012
Parks, Recreation, and Open Space Plan subject to adoption as part of the pending 2007
Comprehensive Plan amendment docket.
7B - PUBLIC HEARING AND RESOLUTION NO. 3046. ADOPTING THE NON-MOTORIZED
TRANSPORTATION PLAN AS AN ELEMENT OF THE BREMERTON COMPREHENSIVE PLAN
(#AB07-301): Mike Mecham, City Engineer, asked that the City Council review and approve the
Bremerton Non-Motorized Transportation Plan. This plan will guide the development of
improvements to the City transportation infrastructure for pedestrian and bicycle improvements, both
off street and on. This plan is far reaching with improvements anticipated to be made over a 20-year
time frame.
City Council Reg. Mtg. Minutes
Wednesday, December 19, 2007
Page 3 of 9
Ann Richev believed that signage should be placed where actual bike routes exist.
Jerrv McDonnell commented that there is a potential hazard for riders when storm debris ends up in
the street; suggested a training program to establish guidelines and rules of the road; and hoped that
law enforcement would be included in the process if bike routes are established.
06:26: 1 0 Main Motion was made and discussion continued...
Mr. Shepherd stated that circulation and parking components will be addressed in future committee
meetings and hoped that these issues are incorporated in a later updated plan; and agreed that
training regarding safety both for pedestrians and drivers is in order.
Mr. McConnell asked for clarification on a "street user" fee. John Perlake, Parametrix consultant
and Project Manager, clarified that a fee could be used for operation and maintenance for non-
motorized street related facilities. Mr. McConnell also asked for clarification on what is meant by
providing priority to pedestrians on boulevards. Mr. Perlake responded that the bike boulevards
would be located on low volume streets and vehicles would be notified that bikes are on that route.
Mr. McConnell expressed concerns over the use of stop bars. Mr. Perlake responded that this
measure would only be implemented in higher level areas of bike use so Bremerton may not exercise
this option. Mr. McConnell then asked why bicyclists are not being asked to fund these facilities.
Mr. Perlake stated that this is not in line with other jurisdictions but Council may consider this as an
option.
Ms. Priest provided her support and asked for clarification on the location of routes and sidewalks.
Mr. Perlake answered that a minor map amendment could include non-major routes such as
pedestrian and sidewalk improvements.
Mr. Brockus thanked staff and contractors for their work in addressing many issues in development
of this plan.
Mr. Shepherd hoped that some Department of Transportation grant funding can be pursued for
pedestrian safety improvements.
Ms. Robinson also thanked staff and Parametrix for producing the plan; and asked why the trip
reduction plan was not included as part of the plan. Mr. Mecham answered that components of the
Non-Motorized plan would meet the goals of the already existing trip reduction plan, but that the trip
reduction plan could be included as an attachment.
Mrs. Arends offered her support; and believed that the City could make huge improvements in
school route safety.
Mr. Maupin also offered his support; and hoped that improved safety would encourage more people
to become active.
Mr. Gehrina was pleased that school route safety and sidewalk improvement are going to be
addressed; and expressed concerns over possible costs to taxpayers for bike amenities, and the lack
of alternatives being presented for Warren Avenue.
Mr. Wofford provided comments in support of the plan.
6:46:09 M/S/C (McConnell/Brockus) Move to pass Resolution No. 3046 approving the Non-Motorized
Transportation Plan as an element of the pending 2007 Comprehensive Plan Amendments.
Voted in favor of Motion: Priest, Shepherd, Robinson, Arends, Wofford, Brockus, Maupin
Voted opposed to Motion: Gehring, McConnell
Motion carried: 7-Yes; 2-No
City Council Reg. Mtg. Minutes
Wednesday, December 19, 2007
Page 4 of 9
7C - PUBLIC HEARING AND ORDINANCE NO. 5034. AMENDING THE COMPREHENSIVE PLAN
TO INCLUDE THE DOWNTOWN REGIONAL SUB-AREA PLAN: AND AMENDING SECTION 20.80
OF THE BREMERTON MUNICIPAL CODE TO ACTIVATE THE DEVELOPMENT REGULATIONS
DETAILED IN THE PLAN (#AB07-302l: Andrea Spencer, Community Development Director, stated
that the action before the City Council is to conduct a public hearing and consider amendments to the
Bremerton Municipal Code and Comprehensive Plan to incorporate the Downtown Sub-Area Plan.
Geoffrev Wentlandt, Community Development, outlined corrections in language and provided
various height options for the Highland area as possible amendments to the Comprehensive Plan
being presented to Council for consideration.
Brad Johansson, Harborside Condominiums, was pleased with the options being offered.
Jane Roth Williams, Interim Director for the Kitsap Historical Museum, read a letter on behalf of the
Kitsap County Historical Society Board of Directors, expressing concern in preserving the historical
character of the Highland District; and believed that the Highland neighborhood should have a buffer
from development assuming higher height limits in the downtown area.
Brett Warner supported greater density in the City and 60-foot height limits.
John Ales emphasized that future projects will be reviewed during the design review process and will
meet guidelines and requirements.
07:11 :03 Main Motion was made and discussion continued...
Mr. Shepherd was impressed by all of the parties involved in producing the plan, believed that the
plan allows for mitigating the height yet preserving the historical character of the Highland
neighborhood.
Ms. Priest thanked Planning staff; provided historical background on the Highland neighborhood; and
encouraged the Council to support the recommendations of the Planning Commission and Hearing
Examiner with regards to heights.
Mr. Gehrina asked for clarification on "expanded pedestrian core". Mr. Wentlandt answered that the
areas would include Pacific Avenue, 6th Street, and the downtown core as places to focus on for
pedestrian improvements. Mr. Gehrina also asked for a status update on the traffic analysis.
Mr. Wentlandt reported that it is a model and a final report should be available in January and the
report could be used to update the sub area plan at a later time. Mr. Gehrina also expressed
concerns over a reduction in parking. Laura Lyon, Financial Services Director, indicated that funding
parking garages are difficult and the City will be looking at alternatives.
President Maupin recessed the Council Meeting for a taping break from 7:26 to 7:35 PM.
Mr. Gehrina expressed concerns over "market driven heights".
07:37:35 A-M/F (Gehring/) Move to amend height limit from 45-feet to 200-feet.
Motion failed due to a lack of a second.
Mr. McConnell did not support transfer of development rights and encouraged the Council to place
this item in a separate section.
Mr. Wofford supported the amenity program and believed that this is a good trade off to allow height
but gives the public a benefit.
Mr. Brockus thanked staff and consultants; supported turning Pacific Avenue into a main street and
an area for development; liked the amenity plan which would include an 80 foot view buffer and the
suggested sustainability district.
City Council Reg. Mtg. Minutes
Wednesday, December 19, 2007
Page 5 of 9
Ms. Robinson also supported the sustainability district and employment districts being proposed.
Mr. Maupin commended the Department of Community Development and Planner Geoff Wentlandt
in bringing this plan forward.
7:44:39 M/S/C (Priest/Arends) Move to pass Ordinance No. 5034 to amend the Comprehensive Plan
to include the Downtown Regional Center Sub Area Plan as amended per the Council Amendments,
and amend Bremerton Municipal Code Section 20.80 to activate the development regulations detailed
in the plan.
Voted in favor of Motion: Shepherd, Robinson, Arends, Wofford, Brockus, Priest, Maupin
Voted opposed to the Motion: Gehring, McConnell
Motion carried: 7-Yes; 2-No
7D PU8l1C HEARING AND ORDIN.A.NCE NO. 5035. AMENDING SECTION 20.58 OF THE
eREMERTON MUNICIPAL CODE (eMC) TO CREATE A TRANSFER DEVELOPMENT RIGHT
(TDR) PROGRJ\M (1fAe07 303): This item was pulled from the agenda...
7E - PUBLIC HEARING AND ORDINANCE NO. 5036. AMENDING BREMERTON MUNICIPAL
CODE 3.78 RELATING TO THE EXEMPTION OF AD VALOREM PROPERTY TAX FOR NEW
MULTI-FAMILY HOUSING AND MODIFICATION OF THE DESIGNATED TARGET AREAS (#AB07-
304): Andrea Spencer, Community Development Director, summarized that in 1995, the State
Legislature passed 84.14 Revised Code of Washington (RCW) that allows the cities to create a tax
incentive program to induce development of new multi-family housing within designated target areas,
and in October 2006, the City Council established the use of the tax incentive program for a small
target area in the downtown core.
Revisions to the tax incentive program (BMC 3.78) are proposed at this time to address changes in
State law pursuant to the Second Substitute House Bill 1910 and to match the designated residential
target areas with the City's adopted sub-area plans for the designated centers of Downtown and
Wheaton-Riddell.
Brad Johansson, Harborside Condominiums, was excited about the redevelopment plan and
encouraged Council to support Option 3 which excludes the waterfront properties from the designated
target area.
Norman McLouahlin, Kitsap County Consolidated Housing Authority, asked Council to include
renters in the mix of housing for equity in the community.
Jerry McDonnell, Harborside Condominiums, believed that Harborside should have been included in
the tax abatement area; and hoped that implementing incentives would trigger higher owner
occupancy and that Council would consider implementing incentives retroactively.
Debbie Shaver, Harborside Condominiums, also supported Option 3.
Ned Anderson commented that incentives help buyers and ultimately results more retail spending
and more businesses; and that incentives are short term; and supported Option1.
Don Kaimuss, Harborside Condominiums, appreciated Council's consideration of waterfront
properties.
Mark Goldbera commended the Planning Department and Andrea Spencer; and supported tax
credits for construction of apartments in order to allow for a mix of housing options.
City Council Reg. Mtg. Minutes
Wednesday, December 19, 2007
Page 6 of 9
Chuck Henderson emphasized that population within the market area is decreasing which makes it
difficult to attract retail businesses, and believed that this tax incentive will bring in extra housing
which will support the businesses.
Rick Shaver encouraged Council to adopt Option 3.
8:13:56 Main Motion was made and discussion among Council Members continued...
Mr. Wofford asked if a developer buys property then redevelops, what value is placed on the
property in the context of the this tax incentive program. Ms. Spencer answered that the property
value would be the value prior to construction. However, revenue would also be realized from sales
tax, business and operation tax on construction, and utility tax.
Mrs. Arends emphasized the importance of drawing people to come downtown; and supported the
program.
Mr. Shepherd also wanted to see more people downtown; and encouraged property owners to focus
on parking and safety issues.
Mr. Brockus did not believe that anyone would need an incentive to live along the waterfront in
Bremerton.
Mr. Gehrina would like the sunset clause to be included to remove incentive; and asked if this
incentive plan would be applied to the West Side area. Ms. Spencer responded that the housing will
be removed and replaced in Westpark, and does not appear to be a good candidate for the program.
Mr. Gehrina would also like to see economic development move forward.
Mr. McConnell believed that if a benefit is given to a group of residents, then the cost will be spread
out to the rest of the citizens; and did not support the program.
Mr. Shepherd expressed concerns about the decreasing population; and hoped that ways are found
to draw people back to the City.
Mr. Maupin believed that the incentive would kick-start business development and would encourage
people to move downtown.
Ms. Priest recommended the elimination of the waterfront property from the program. Mr~ Maupin
reiterated that the proposed amendment would include the area from Evergreen Park to the
Bremerton Transportation Center. .
08:34:32 A-M/S/C (Priest/Robinson) Move to amend the proposed ordinance by replacing Figure 3.78
(a) as presented in the ordinance with Figure 3.78 (a) Option 3.
Voted in favor of the Motion: Robinson, Arends, Gehring, McConnell, Brockus, Priest
Voted opposed to the Motion: Wofford, Shepherd, Maupin
Amended Motion carried: 6-Yes; 3-No
Mr. Brockus hoped that census figures may improve around the same time as the end of the sunset
clause in 2010, and redevelopment may pick up at that time; he added that the proposed ordinance
removes the sunset clause.
Mr. Maupin indicated that the City may respond to market conditions or remove this program at any
time; and did not support the amendment.
08:38:26 A-M/S/F (Brockus/Gehring) Move to amend the ordinance by restoring the sunset clause
and renumbering proposed BMC Section 3.78.130 "Conflict of Provisions" accordingly.
City Council Reg. Mtg. Minutes
Wednesday, December 19, 2007
Page 7 of 9
Voted in favor of Motion: Gehring, McConnell, Brockus, Robinson
Voted opposed to the Motion: Arends, Wofford, Priest, Shepherd, Maupin
Amended Motion failed: 4-Yes; 5-No
Mr. Gehrina asked if there is any information available on tax distribution. Ms. Lvon responded that
this tax exemption would be put in place to encourage new development which otherwise may not
occur without the incentive. There would be no impact to the taxpayers.
08:47:33 M/S/C (Shepherd/Wofford) Move to pass Ordinance No. 5036 to amend BMC 3.78
modifying the program for ad valorem property taxation for new multi-family housing in designated
residential targeted areas of the City, specifically the Downtown Regional Center, and the
Wheaton/Riddell District Center.
Voted in favor of Motion: Wofford, Gehring, Priest, Shepherd, Robinson, Arends, Maupin
Voted opposed to the Motion: McConnell, Brockus
Motion carried: 7-Yes; 2-No
7F - PUBLIC HEARING AND ORDINANCE NO. 5037. ADOPTING THE 2007 COMPREHENSIVE
PLAN AMENDMENT DOCKET (#AB07-305): Geoffrev Wentlandt, Community Development,
pointed out that the action before Council is to conduct a public hearing and adopt an ordinance for
the 2007 Comprehensive Plan Amendment Docket.
There were no comments from the public...
8:53:27 Main Motion was made and discussion among Council Members continued...
Mr. Brockus supported the amendments; and hoped that industrial lands would be restored in the
future.
Mr. Shepherd mentioned that he and Dianne Robinson both support an increase in density at the
Olympic College campus.
Ms. Robinson asked if the area would be adopted as a center. Mr. Wentlandt answered that this
issue was discussed by the Planning Commission and will be initially called a neighborhood business
but could be revisited later.
Mr. Gehrina asked how much industrial land is available. Mr. Wentlandt stated that total industrial
area available is about 1100 acres or 7.8 % of the City's total land area.
Mr. Shepherd believed that forest lands should be re-categorized.
Mr. Wofford asked if the watershed property is included in the industrial land. Mr. Wentlandt
answered that industrial lands do not include watershed property. The watershed property is factored
in as part of the City's total land area.
Mr. Gehrina asked how much available industrial land is available for development. Mr. Wentlandt
stated that there are about 400 acres of vacant industrial land in the Port Blakely area and over 100
acres in the Wright Creek Business Park project.
Mr. Brockus asked if the area includes the shipyard. Mr. Wentlandt responded no.
09:02:10 M/S/C (Priest/Wofford) Move to pass Ordinance No. 5037 adopting amendments to the
Comprehensive Plan Text and Official Land Use Map as recommended by the Planning Commission.
Voted in favor of Motion: McConnell, Brockus, Priest, Shepherd, Robinson, Arends, Wofford, Maupin
Voted opposed to the Motion: Gehring
Motion carried: 8-Yes; 1-No
City Council Reg. Mtg. Minutes
Wednesday, December 19, 2007
Page 8 of 9
7G - CLOSED RECORD HEARING AND ORDINANCE NO. 5038 (#AB07-305l: Geoffrev
Wentlandt, Community Development, emphasized that in order to be consistent with the 2007
Comprehensive Plan Amendments, the action before the Council is to grant approval of a rezone of a
total of 97.09 acres of lands south of the Werner Road corridor from primarily Industrial (I) to primarily
Low Density Residential (R-10).
Roaer Lubovich stated that since this is a closed record hearing, no new testimony may be taken by
the Council; then explained that the Council may now 1) approve and adopt the Hearing Examiner's
findings and recommendations; 2) modify and approve the findings and recommendation; 3) reject
and deny the Hearing Examiner's findings and recommendation; or 4) continue the hearing and
remand the matter to the Hearing Examiner.
President Maupin read the Appearance of Fairness Doctrine and asked "if any Council Members
should now excuse themselves if 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; 4) ex parte contact with any
individual, excluding administrative staff, with regard to an issue prior to the hearing. If any Council
Member should answer in the affirmative, then the Council Member should state the reason for their
answer at this time so that Chair may inquire for their answer at this time so that the Chair may
inquire of the City Attorney as to whether a violation of the Appearance of Fairness Doctrine or a
Conflict of Interest exists." Then asked members of the public if any Council Members should be
excused from the public hearing...AII Council Members remained seated.
Mr. McConnell asked for clarification on the city utility lands in the corridor as provided on the map.
Mr. Wentlandt answered that 10 of 97 acres had prior utility lands zoning designation, and that the
applicant has an arrangement to swap a comparable parcel in the future.
09:06:52 MISIC (Shepherd/Priest) Move to pass Ordinance No. 5038 approving a rezone of a total of
97.09 acres south of Werner Road corridor.
Voted in favor of Motion: McConnell, Brockus, Priest, Shepherd, Robinson, Arends, Wofford, Maupin
Abstained: Gehring
Motion carried: 8-Yes; 1-Abstention
COUNCIL MEMBER REPORTS
Nick Wofford; Carol Arends; Adam Brockus; Cecil McConnell all wished the community a Merry
Christmas and Happy New Year; and offered best wishes to Wendy Priest as she leaves office.
Dianne Robinson thanked the Northwest Navy Band for last night's performance; thanked Wendy
for her service; and also wished everyone a Merry Christmas and Happy New Year.
Mike Shepherd commended Wendy for her hard work in representing the downtown and its tough
issues.
Brad Gehrina stated that he will miss Wendy and wished her well; thanked staff for their hard work
during the past year; encouraged citizens to be safe during the holidays; and wished everyone a
Happy New Year.
Will Maupin commended Wendy for chairing some important committees and emphasized that she
will be missed; also wished everyone a Merry Christmas and Happy New Year; and lastly, announced
that there would be no Council Meeting on Wednesday, December 26th.
City Council Reg. Mtg. Minutes
Wednesday, December 19, 2007
Page 9 of 9
Wendy Priest enjoyed working with the Council; appreciated their professionalism; wished her fellow
Council Members well; and hoped to be active in the community in the future; and thanked District 4
constituents for the honor to serve and her husband for being so supportive during her term; and
wished the community a Merry Christmas and Happy New Year.
With no further business, President Maupin adjourned the Council Meeting at 9: 15 PM.
Prepared and Submitted by:
~~
CHRISTINE GRENIER
Council Assistant
WM:CE:ls:cg