HomeMy WebLinkAbout09/17/2008 AGENDA
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. CITY COUN'CIL 345 6th Street, Suite 600, Bremerton, WA 98337-1873 0 (360) 473-5280
SEPTEMBER 17, 2008
tlTY COUNCIL MEETING AGENDA
1. BRIEFING: 5:00 - 5:30 P.M. in COUNCIL CONFERENCE ROOM 603
A. General Council Business
2. CALL TO ORDER: 5:30 P.M. in FIRST FLOOR CHAMBERS
A. Pledge of Allegiance
B. Invocation
3. MAYOR'S REPORT
4. ANNOUNCEMENTS & PUBLIC RECOGNITION
5. CONSENT AGENDA
A. Claims & Check Register (#AB08-196)
B. Minutes of Meeting - September 3,2008 (#AB08-197)
C. Minutes of Study Session - September 10,2008 (#AB08-198)
D. Ordinance No. 5059, amending Ordinance No. 5053 to extend the effective date of the
annexation of SKIA North from October 1, 2008 to November 15, 2008 if Boundary Review
Board jurisdiction is not invoked (#AB08-199)
E. Resolution No. 3069, establishing October 15, 2008 as a hearing date to vacate a portion of
Carr Boulevard (#AB08-200)
6. GENERAL BUSINESS - There are no General Business items tonight...
7. PUBLIC HEARINGS
A. Public Hearing and Ordinance No. 5058, relating to the acquisition by eminent domain of a
certain portion of property in the City of Bremerton necessary for development, construction,
and maintenance of the First Street Plaza Project (#AB08-201)
8. COUNCIL MEMBER REPORTS
9. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING
fa Americans with Disabilities Act (ADA) accommodations provided upon request Those requiring special
accommodations should contact the City Clerk's Office at (360) 473-5323 by noon on the Monday preceding the
Council meeting.
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COUNCIL MEETING SPEAKERS LIST
PLEASE PRINT YOUR NAME BELOW
IF YOU WISH YOUR COMMENTS TO BE
INCLUDED IN THE RECORD
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REQUESTS FOR INFORMATION MUST BE SUBMITTED IN WRITING TO THE CLERK
THANK YOU
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COUNCIL MEETING SPEAKERS LIST
PLEASE PRINT YOUR NAME BELOW
IF YOU WISH YOUR COMMENTS TO BE
INCLUDED IN THE RECORD
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REQUESTS FOR INFORMATION MUST BE SUBMITTED IN WRITING TO THE CLERK
THANK YOU
DATE SUBMITIED: 9/17/2008 BILL # AB08-196
AGENDA BILL
CITY OF BREMERTON 5A
CITY COUNCIL
............................................................................................
SUBJECT: Committee Meeting Date:
COUNCIL MEETING Date: September 17, 2008
Claims & Check Register Department: Financial Services
Presenter: Cathy Johnson
Phone: 473-5296
SUMMARY:
Consent Agenda item. Approval of checks and electronic fund transfers.
ATTACHMENTS: Check Register.
FISCAL IMPACTS (Include Budgeted Amount):
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
COMMITTEE CHAIR ~~o- /P
COUNCIL PRESIDENT: ... CONSENT AGENDA IZl
;;/ GENERAL BUSINESS D
PUBLIC HEARING D
RECOMMENDED MOTION:
1) Check #'s 326961 through 327274 and EFT's 8121 through 8149 in the amount of$2,536,319.16.
2) Regular Payroll for the pay period ending August 31,2008 in the amount of $749,302.47.
COUNCIL ACTION: IZl Approve D Deny D Table D Continue D No Action
DAIL Sl iB:'vIITTFD: 9/4/08 BILL. !t ~.lZa.=__L~7
AGENDA BILL
CIT,)' OF BREMERTON (8
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Sl;B.JECT: City Council Meeting Minutes Committee Meeting Date: NiA
1'01' meeting of ('OlJ:"-iClL MEETIN(j J)all::: :Sef\~17j2008
S~~ 3) :2o?~ Department: City Council
Presenter: \Nill Maupin,
Council President
Phone: (360) 473-5280
SUl\IMARY: Attached is a summary of the City Council Meeting held 5~ 3 j 2.009
ATTACHMENTS: MeetingMinutesfor S~ 3) 200g
FISCAL IMP ACTS (Include Budgeted Amount): NI A
APPROV ALS:
DEPARTMENT DIRECTOR: Council President
CITY ATTORNEY: N/A
FINANCE DIRECTOR: N/A
MAYOR: N/A
COMMITTEE CHAIR
COUNCIL PRESIDENT: CONSENT AGENDA
GENERAL BUSINESS 0
PUBLIC HEARING 0
RECOi\I!\'IENDED MOTION: Move to approve the Consent Agenda as presented.
COI'NCIL ACTION: 0 Approve o Deny o Table o Continue o No Action
DIGITAL RECORDING
CITY COUNCIL MEETING MINUTES
Wednesday, September 3,2008
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, September 3, 2008, at 5:30 PM, with Council President Will Maupin
presiding. Council Members present were Nick Wofford, Dianne Robinson, Mike Shepherd, Roy
Runyon, Adam Brockus, Cecil McConnell, and Brad Gehring. Council Member Carol Arends was
absent. 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 GehrinQ followed by the invocation
provided by Pastor Eric Roberts of New Life Assembly.
President Maupin announced that a Briefing Session to discuss General Council Business was
held prior to the meeting.
MAYOR'S REPORT
. Provided an update on the Manette Sub-Area Planning process and hoped for
opportunities to work with other neighborhoods for positive change; and
. Offered support for expanding the city's boundaries through annexation of the South Kitsap
Industrial Area; and thanked President Maupin, Council Members, staff, and property
owners for bringing this significant issue forward.
PUBLIC RECOGNITION & ANNOUNCEMENTS
Cecil McConnell invited the public to send comments or questions on the Boardwalk Project by
September 22 to the U.S. Army Corps of Engineers CaseV.H.Ehorn@usace.army.mil; Department
of Ecology ecyrefedpermits@ecY.wa.qov; or Tom Knuckey, Public Works & Utilities Department
thomas.knuckey@ci.bremerton,wa.us. Please reference project number NWS-2008-737-S0 in
the subject line of the email.
Adam Brockus announced the "Manette Fest 2008" event would be held on Saturday, September
6, and includes a fun run at 9:00 AM; pancake breakfast at 10:00 AM; a free barbeque; and
Manette's "tiniest" parade beginning at 1 :00 PM.
Roy Runyon announced the next District 4 Neighborhood Meeting would be held on Tuesday,
September 9 at 5:30 PM at the Kiwanis Park located at 5th & High Streets to discuss the "Kiwanis
Park Improvement Plan".
Mike Shepherd encouraged the public to attend the Evergreen Rotary Park Centennial
Celebration on Saturday, September 13, which will include a carnival, music, and games.
Nick Wofford reminded the public of First Friday Artwalk events this week.
Katrina Fulkerson, Member Services Director of the Kitsap Family YMCA, announced that the
week-long "America on the Move" events would begin on Saturday, September 20 with a Tri "Y"
run & swim beginning at 8:30 AM, and a free one-mile walk and barbeque beginning at 2:00 PM.
PeQQY Adkins reiterated her concern regarding a fence dispute with her neighbor that has not
been resolved by Public Works staff.
CONSENT AGENDA
A, Check Numbers 326779 through 326960; and EFT-8087 through EFT-8120 in the amount of
$1,721,127.75; and Retiree Payroll in the amount of $78,953.51 for the pay period ending
August 31,2008 (#AB08-189)
City Council Reg. Mtg. Minutes
Wednesday, September 3, 2008
Page 2 of 6
B. Minutes of Meeting - August 20,2008 (#AB08-190)
C. Minutes of Study Session - August 27, 2008 (#AB08-191)
05:47:19 M/S/C/U (Runyon/Wofford) Move to approve the CONSENT AGENDA as presented.
PUBLIC HEARINGS
6A - ORDINANCE NO. 5057, APPROVING THE ANNEXATION AND INTERIM ZONING
CONTROLS FOR TERRITORY IN THE SOUTH KITSAP INDUSTRIAL AREA URBAN GROWTH
AREA KNOWN AS "SKIA SOUTH" (#AB08-195): Andrea Spencer, Community Development
Director, explained that the property Owners within the South Kitsap Industrial Area (SKIA) Urban
Growth Area (UGA) have requested that the City Council consider annexing their property to the
City of Bremerton. The City has received two separate annexation petitions that have been
referred to as "SKIA North" and "SKIA South." After careful deliberation and consideration of the
financial impacts, the Council took action on June 16, 2008 to accept the 10% Petitions for these
two areas. By accepting these petitions, the Council allowed the annexation to proceed to the
second phase of the petition annexation process, gathering of signatures for the 75% Petitions.
The 75% Petition for SKIA South was submitted to the City on August 20,2008, and the purpose
of the meeting on September 3, 2008 is to hold a public hearing and determine if the Council will
pass the proposed ordinance and approve the SKIA South annexation. In addition to accepting
the annexation, the ordinance also adopts interim zoning control of Industrial zoning designation,
assigns a Council District for the territory and establishes an effective date for the annexation
following the Boundary Review Board process.
Ms. Spencer also provided a PowerPoint@ presentation regarding the timeline of events leading
up to tonight's public hearing. If Council approves the ordinance, then the next step will involve the
. Boundary Review Board. The approximate 3,100 acre area will be zoned industrial until the
Comprehensive Plan can be amended.
David Overton expressed his excitement that the annexation would allow the city to grow and to
ultimately bring in more job opportunities.
Rod Reid, Alpine Evergreen, hoped that Council will move forward with the annexation; and
appreciated the city's effort.
DouQ Skrobut, McCormick Land Company, encouraged Council to support annexation and to
bring economic development to the community.
Chervl Kincer, Port Commissioner, commended Council and staff for their responsiveness to
questions and looked forward to a future partnership.
Jim Weaver, Port Orchard Development Director, stated that when cities like Bremerton and Port
Orchard work together there is a potential to become an "economic powerhouse".
The Main Motion was made at 6:00 PM as Council Members provided their comments in support
of this annexation and thanked staff for the intensive analysis of benefits and impacts of
annexation that was provided to Council which facilitated the decision-making process.
06:07:57 M/S/C (Robinson/Shepherd) Move to pass Ordinance No. 5057 annexing the territory
within the South Kitsap Industrial Area Urban Growth Area known as SKIA South, establishing
interim zoning control of Industrial zoning, and assigning a City Council District for the annexed
territory.
City Council Reg. Mtg. Minutes
Wednesday, September 3, 2008
Page 3 of 6
Voted in favor of the Motion: McConnell, Runyon, Shepherd, Robinson, Wofford, Gehring, Maupin
Abstained: Brockus
Motion carried; 7-Yes; 1-Abstention
6B - RESOLUTION NO. 3068, DECLARING 10-ACRES OF CITY WATER UTILITY PROPERTY
SURPLUS, AND APPROVING A NEGOTIATED SALE (#AB08-193): Bill McKinney, Forestry
Manager, explained that a 10-acre parcel located on the eastern boundary of Water Utility lands,
described as the East %, Northwest %, Northeast %, Section 29, Township 24 North, Range 1
East (portion of Tax Parcel No. 292401-2-002-2008), has been determined to be surplus to the
needs of the utility. In December 2007 an amendment to the City Comprehensive Plan was
adopted changing the zoning of this parcel from City Utility Land to Low Density Residential. A fair
market value of $320,000 was determined by certified appraisal in June 2008. The adjacent
property owner, BREMERTON WERNER, LLC, has offered to purchase the property at the appraised
market value. It is the recommendation of Public Works & Utilities staff that the Council approve
attached Resolution No. 3058 and the real estate purchase agreement. The location of the parcel
is approximately one half-mile southwest of Pendergast Park.
There were no comments from the public.. .
Ms. Robinson provided comments in support for the property sale.
Mr. Gehrina added that surplusing this property will offer developers an opportunity to expand
some housing options in the city.
06:12:22 M/S/C/U (Runyon/Wofford) Move to pass Resolution No. 3058, declaring 10-acres of
City Water Utility land surplus; authorize the Mayor to finalize and execute the agreement with
substantially the same terms and conditions as presented; and to finalize and execute any and all
documents necessary to close the transaction; and that the proceeds from this sale be used for
future acquisition of property or properties beneficial to the Water Utility.
GENERAL BUSINESS
7A - AUTOMATIC LICENSE PLATE RECOGNITION PROGRAM GRANT ASSISTANCE (#AB08-
192): Lieutenant Pete Fisher summarized that the Bremerton Police Department applied for the
Washington Auto Theft Authority and was approved for an award of $30,000.00 for the purchase
of one auto license plate reader (ALPR) for the Auto License Plate Recognition Program. No
matching funds are required of the City. The total grant amount is $30,000.00, and the grant
expires on June 30, 2009. Lieutenant Fisher added that this grant will allow officers to better
respond to amber alerts and crimes in progress, as well as locate a higher percentage of stolen
vehicles.
There were no comments from the public.
The Main Motion was made at 6: 18 PM as discussion by Council Members continued...
Mr. Brockus asked if there is a policy for storing data obtained by the ALPR device. Lieutenant
Fisher answered that the system will hold data for a certain amount of time including "non-hits",
and that the State is currently developing a policy addressing this data storage.
Mr. Brockus also asked if the citizens will be exposed to public disclosure or possible risk for theft
of the data. Lieutenant Fisher responded that the data would be initially downloaded by a "thumb
drive" but then would progress to automatic down-loads; and that most information would not be
disclosed. The proposed retention period for data would be 50-days or less.
City Council Reg. Mtg. Minutes
Wednesday, September 3,2008
Page 4 of 6
Mr. Brockus asked if the policy must be approved at the same time as the grant. Lieutenant
Fisher clarified that the grant can be accepted but the actual expenditure could not be approved
until the policy is established by the State and the contract approved by City Council.
Mr. Gehrin~ stated that he supported the program, but also expressed concerns about retaining
information on citizens and suggested a much shorter data storage time. Lieutenant Fisher
hoped that the new policy will address his concerns. He added that benefits would include the
scanning of all plates in the vicinity of the device, and would eliminate suspect profiling.
Mr. Shepherd offered his support and agreed that the device will make the police department
more effective.
Mr. McConnell believed that this tool would allow the police to recover more stolen vehicles even
before they are reported since the license plate data would be in the system short term.
Mr. Runyon clarified that the city has been awarded the grant and that Council would need to
approve acceptance of the grant. After that, the Police Department would ask for bids for this
project and then Council would be asked to approve that contract at a later time. In the meantime,
a policy will be developed to address the retention issue.
Ms. Robinson requested that the Police Department report to the Council on the success rate of
this program. Lieutenant Fisher stated that statistics from this program would be included in the
quarterly report.
Mr. Maupin shared concerns about privacy issues of law abiding citizens.
Mr. Wofford agreed that the policy will need further review.
06:35:21 M/S/C (Runyon/Robinson) Move to accept the Automatic License Plate Recognition
Program Grant for $30,000.00 and direct the Mayor to execute the contract agreement with the
Washington Auto Theft Prevention Authority in substantially the same form as attached.
Voted in favor of the Motion: Runyon, Shepherd, Robinson, Wofford, Gehring, McConnell, Maupin
Voted opposed to the Motion: Brockus
Motion carried: 7-Yes; 1-No
7B - ORDINANCE NO. 5056. AMENDING ORDINANCE NO. 5032 RELATING TO THE CITY OF
BREMERTON'S 2008 ANNUAL BUDGET (#AB08-194): Laura Lyon, Finance Director stated that
the Bremerton City Council adopted the 2008 Annual Budget by Ordinance No. 5032 on December
5, 2007. Certain programs have been implemented and actions taken during the year which have
an impact on the City's 2008 Budget - resulting in the need to amend the 2008 budget document.
Ms. Lyon added that increased fuel and energy costs as well as costs associated with litigation
were partly responsible for this budget amendment.
There were no comments from the public.. .
The Main Motion was made at 6:41 PM as discussion by Council Members continued...
Mr. Shepherd encouraged the public to attend the upcoming budget work sessions and
expressed concerns about revenues not meeting costs.
Mr. Runyon asked for clarification on the real estate excise tax. Ms. Lyon responded that the real
estate excise tax may be used for governmental capital expenditures or improvements on the
City's infrastructure.
City Council Reg. Mtg. Minutes
Wednesday, September 3, 2008
Page 5 of 6
Mr. Runvon asked for clarification on parking revenue. Ms. Lyon stated that opening of the Navy
Parking Garage and ongoing downtown projects have lessened parking revenue and it is
anticipated that the trend will remain so for awhile until paid parking is restored.
Mr. Runyon expressed concerns for costs of operation and maintenance of parks. Ms. Lyon
added that the funding would come from the General Fund.
Mr. Wofford stated that upcoming labor negotiations may also have an impact on the budget for
next year.
Mr. GehrinQ asked what has happened with the City's debt service. Ms. Lvon answered that due
to declining interest rates, the debt has decreased at this point.
Mr. Brockus asked how much street overlay was done this year as compared to previous years.
Mr. Williams mentioned that the amount of lane miles is less than last year and that the rising
costs of asphalt are impacting the planned projects. However, Public Works was able to install a
significant amount of sidewalks and curb-cuts this year.
Mr. Brockus asked if a change in sub-area planning is included in the budget amendment. Ms.
Lyon answered that the change was not included with this budget amendment and there would
need to be further discussion by Council on this issue.
07:00:50 M/S/C/U (Shepherd/Runyon) Move to approve Ordinance No. 5056, amending
Ordinance No. 5032 relating to the City of Bremerton's 2008 Annual Budget.
COUNCIL MEMBER REPORTS
Brad GehrinQ announced that the Artwalk events are also taking place along Callow Avenue;
attended the Blackberry Festival; congratulated Terry Grocott on his retirement from 30-years of
service at the City; and encouraged people to submit their comments regarding the Boardwalk
Project and that there is contact information available on the City's website.
Adam Brockus stated that there will still be opportunities at the Manette Fest this Saturday to
provide comments on the Manette Sub-Area Plan.
Rov Runyon reported on the community meeting for the Manette Sub-Area Plan; volunteered for
the Blackberry Festival set-up; specifically thanked volunteers Willy Woods and Kevin Collins for
keeping the boardwalk clean during the festival and for taking care of emergencies; and
announced that Oktoberfest will be held on Saturday, October 4 on the Boardwalk.
Mike Shepherd announced that the Bremerton School District will be hosting a public forum on
Thursday, September 11 at 7:00 PM at Bremerton High School to discuss the possible relocation
of the SOUNDERS soccer team to Bremerton Memorial Stadium.
Dianne Robinson reported on the Community Development Block Grant - Citizen Advisory
Committee process which is currently reviewing numerous applications and should be providing
recommendations by the end of September; encouraged people to contact Community
Development to receive more information on the first time homebuyers program or housing
rehabilitation loans; asked people who would like to participate in locating schools in West
Bremerton may attend a meeting on September 22 at 4:30 PM in the Norm Dicks Government
Center; and announced that the Kitsap County Health District will be providing health care
programs for low income families and people may contact (360) 337-5235 for more information.
City Council Reg. Mtg. Minutes
Wednesday, September 3, 2008
Page 6 of 6
Nick Wofford encouraged people to volunteer for boards and commissions as well as community
organizations.
Will Maupin attended and helped to kick-off the Blackberry Festival and was pleased how great
the City looks, especially with the new marina.
With no further business, President Maupin adjourned the Council Meeting at 7: 12 PM.
Prepared and Submitted by:
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CHRISTINE GRENIER "-
Council Assistant
Attest:
CAROL ETGEN, City Clerk
WILL MAUPIN, City Council President
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SUBJECT: City Council Meeting Minutes Committee rvleeting Date: NiA
for meeting of ('(l\;NCIL MEETING Dati:: sejiteWtlcer 1'1 , ..).008
5e.e~~ JO, 2a?~ Department: City Council .
Presenter: Will Maupin,
Council President
Phone: (360) 473-5280
SUMMARY: Attached is a summary of the City Council Meeting held Se.r~ ,0) ;2.Q::]S
ATTACHMENTS: Meeting Minutes for ~ tOJ 2-009
FISCAL IMP ACTS (Include Budgeted Amount): N/ A
APPROVALS:
DEPARTMENT DIRECTOR: Council President
CITY ATTORNEY: N/A
FINANCE DIRECTOR: N/A
MAYOR: N/A
COMMITTEE CHAIR
COUNCIL PRESIDENT: k-:;'-~~--- CONSENT AGENDA B'
~/ GENERAL BUSINESS 0
PUBLIC HEARING 0
RECOi\IMENDED MOTION: Move to approve the Consent Agenda as presented.
COUNCIL ACTION: 0 Approve o Deny o Table o Contl11ue o No Action
DIGITAL RECORDING
CITY COUNCIL STUDY SESSION MINUTES
Wednesday, September 10, 2008
The weekly meeting of the City Council of the City of Bremerton was called to order in the Council
Conference Room, Room 603 of the NORM DICKS GOVERNMENT CENTER located at 345 6th Street,
Bremerton, Washington, Wednesday, September 10,2008, at 5:00 PM, with Council President Will
Maupin presiding. Council members present were Nick Wofford, Dianne Robinson, Mike Shepherd, Roy
Runyon, Adam Brockus, Cecil McConnell, and Brad Gehring. Council Member Carol Arends was
absent. Legislative Assistant Lori Smith was present to provide staff support to the Council.
President Maupin announced that the Study Session was for the Council to hear presentations on
upcoming agenda items. It was further announced that this Study Session was open to the public, but
there would be no opportunities for input or participation; that no action will be taken, and the content of
these items is subject to change.
A. NO DISCUSSION PLANNED - There were no items tonight...
B. FULL DISCUSSION ITEMS
1. Proposed ordinance amending Ordinance No. 5053 extending the effective date of annexation of
territory into the City of Bremerton - Roger Lubovich, City Attorney Consent
2. Proposed resolution establishing October 15, 2008 as a hearing date to vacate a portion of Carr
Boulevard - Phil Williams, Public Works & Utilities Director; and Cecil McConnell, Public Works
Committee Chair Consent
3. Proposed ordinance relating to the acquisition by eminent domain of a certain portion of property
in the City of Bremerton necessary for development, construction, and maintenance of the First
Street Plaza Project - Gary Sexton, Redevelopment Projects Administrator; and Roger Lubovich,
City Attorney Public Hearing
C. GENERAL COUNCIL BUSINESS
President Maupin explained the decision to reassign one Council Member from each of the
Committees as an alternate position so that meetings can still be held in the event that two
members are absent from a Committee meeting. The alternates were assigned as follows: Roy
Runyon - Finance Committee; Adam Brockus - Public Works Committee; Mike Shepherd -
Planning Committee; and Cecil McConnell- Public Safety & Parks Committee. It was
established that alternates are still required to attend and participate in the Committee meetings;
and to notify the respective Chair (or Council staff) if they are unable to attend a meeting.
With no further business, President Maupin adjourned the Council Study Session at 7:45 PM.
p~~
LORI SMITH
Attest: Legislative Assistant
CAROL ETGEN, City Clerk
WILL MAUPIN, City Council President
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Sl'B.JECT: Ordinancc No. 5059 COllllnittee \.kcting Date: __~ q2~ ~1_~l_~)~r_J(!: } (!.(! t_ un_
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amending Ordinance No. 5(5) to extend the COUNCIL !\'II'I:TINCi Date: _~~J~t~~!l~)~I~!L}~()~. __ n_
ctTective datc or the ilnnexation or SKIA Departmcnt: m \::itr_:~'-!~)~!]_~X:~g !Jiy~__.
North from October 1, 200R to November 15, Presenter: nJ~~,g_,:~ _/~-'J~l~!~~_~_i~!!_____ ___
200~ i l' Boundary Review Board jurisdiction Phone: 473-2345
is not invoked
-- .--~~---------".~-_._----_..__. ---- --.--
SUMMARY: On July 30,2008, the City Council passed Ordinance No. 5053 annexing certain
property known as SKIA North into the City of Breme110n and establishing the effective date of the
annexation as October 1, 2008 if Boundary Review Board jurisdiction is not invoked. The Boundary
Review Board's initial 45 day review period will expire on or about October 8,2008, after the stated
effective date of the annexation set forth in Ordinance No. 5053. The proposed ordinance extends the
effective date of the annexation to November 15, 2008 if Boundary Review Board jurisdiction is not
invoked during the initial review period.
A TT ACHMENTS: Proposed Ordinance No. 50SQ
.
FISCAL IMPACTS (Include Budgeted Amount): None
APPROV ALS:
DEPARTMENT DIRECTOR:
.- ..->
CITY ATTORNEY: ~~.
FINANCE DIRECTOR:
MA YOR:
COMMITTEE ellAI f/;~~
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COUNCIL PRESIDE ,. ____m_-:~___~ I ~~~SENT AG,E~D~, ~ i
I (JE~NERAL BUSINESS D I
, PUBLIC HEARING D I
I_u__..__________._________________________..._... ____ __ ______J
RECOi\ll\lE~DED i\IOTION: :\'love to pass Ordinanc~ No. _?~..~~___.__ amending Ordinance No.
50S] to extend the effective date of the annexation of SKIA North from October 1,2008 to November
15, 2UOX if Boundary Review Board jurisdiction is not invoked.
(,()(':\CII. .\(,TIO~: o ,\pPJ"U\l' D Deny o Table o Cuntlnue o !\in Actiull
ORDINANCE NO. 3Q59
A~ ORDINAl\CE of the City Council of the City of
Bremerton. Washington, amending Ordinance \io. 5053 to extend
the elTective datc oftl1c annexation of SKI A North from October I,
200S to November IS, 2008 if Boundary Revicw Board
jurisdiction is not invoked,
WHEREAS, on July 30,2008, the City Council passed Ordinance No. 5053
annexing certain property known as SKIA North into the City of Brcmerton; and
WHEREAS, the City Council established the effective date of the annexation as
October 1, 2008 or if Boundary Review Board jurisdiction is invoked, on the first day of the of
the full month immediately following the expiration of the Boundary Review Board's review;
and
WHEREAS, the Boundary Review Board's initial 45 day review period will
expire on or about October 8, 2008, after the stated effective date of the annexation set forth in
Ordinance No. 5053; and
WHEREAS, the City Council desires to extend the effective date of the
annexation to November 15, 2008 if Boundary Review Board jurisdiction is not invoked during
the initial review period; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Section 6 of Ordinance No. 5053 is hereby amended in its entirety
to read as follows:
This annexation will become effective November 15, 2008 if Boundary Review Board
jurisdiction is not invoked. If Boundary Review Board jurisdiction is invoked pursuant to RCW
36.93.100(4), then this annexation will become effective on the first day of the second month
immediately following the expiration of the Boundary Review Board's review.
SECTION 2. Severahilitv. I I' anyone or more sections, subsections, or
sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not
afrect the validity of the relllaining portion of this Resolution and the sallle shall remain in full
force and efrect.
I
Annexation - SKIA Nort"
Amending Ordinance
SECT/ON 3. f.J.12_~li-,-,~n(!!~ This Ordinance shall take crrcct and he in rorec
10 days alkr the date ofpuhlication,
PASSED hy thc City COllncil oj'thc City of Brcmcrtoll, Washington this _ m..
davor , 2008,
_. __, ~.__ _ ~..,. _ .__ ___m____ _ ... _ ___", __ _.._.
__ 0____ ._______~_____"_.___ ..u ___,,___".._ >_... .____. ___. __. _._ __+______u_ __.,___
\VILL MAUPIN, Council Presidl:nt
Approved this ____________ day 01'_______.________.____.___, 2008..
------------..------------
CARYBOZEMAN,M~or
APPROVED AS TO FORM: ATTEST:
ROGER A. LUBOVICH, City Attomey CAROL ETGEN, City Clerk
PUBLISHED the day of ,2008
- --- ---- ----
EFFECTIVE the day of ,2008
ORDINANCE NO.
R:\Legal\Lcgal\Files\Current Active Files\SKIA \Annexation Ordinance - SKIA North Amend.doc
2
Annexation - SKIA North
Amending Ordillallce
DATE SUBMITTED: Septcll1ber 3.2008 BILL # o8-eJ-oo
AGENDA BILL
CITY OF BREMERTON Se.
CITY COUNCIL
~l .(Ii ,
...........................................................m..............a.............
SllB.JECT: RESOLlrfION NO. 30"'1 TO Committee Meeting Date: Septernber 10. 2008
ESTABLISH OCTOBER 15,2008 AS A COUNCIL MEETING Date: September 17,2008
HEARING DATE TO VACATE A Department: Engineering
PORTION OF CARR BOULEVARD. Presenter: Michael Mecham
Phone: 473-5288
SUMMARY: The applicant for this right of way vacation is also the developer of the Lakeland
Lodge Complex, an assisted senior housing complex. The project occupies portions of the existing
right-of-way of Carr Boulevard. The applicant petitioned the City to vacate the right-of-way within
the project and relocate the street southerly of its current position. The connection to Lyle A venue
from Carr Boulevard is currently within 150 feet of the intersection of Kitsap Way and Lyle Avenue.
The relocated street will provide better sight distance for the two intersections, better overall operating
characteristics and superior function to the existing Carr Boulevard. This is a Class II right-of-way
and as the area for the new roadway and the portion to be vacated are roughly equal, compensation
will be paid in form of the new roadway dedication.
ATTACHMENTS: 1.) Resolution No.3ob'1; 2.) Aerial Exhibit; and 3.) Staff Report.
FISCAL IMP ACTS (Include Budgeted Amount): None.
APPROV ALS:
DEP AR TMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
COMMITTEE CHAIR
COUNCIL PRESIDENT: CONSENT AGENDA l8l.
I
I GENERAL BUSINESS 0 I
I PUBLIC HEARING OJ
RECOMMENDED MOTION: Move to pass Resolution No. 31J~" _ setting a hearing date of
October I 5. 2008, for vacating a pOliion of Carr Boulevard.
COUNCIL ACTION: 0 Approve o Deny o Table o Continue o No Action
RESOLl1TION NO. 300~
A RESOLUTION of the City Council of the City of
Bremcrton, \Vashington, establishing a hearing date for the
proposed vacation of a portion of Carr Boulevard,
WHEREAS, the City has received a petition to vacate the northerly 320 feet of
Carr Boulevard to Lyle Avenue; NOW THEREFORE
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. A public hearing will be held on October 15,2008, at 5:30 p.m. or
later in the City Council Chambers at the Norm Dicks Government Center, First Floor, 345 Sixth
Street, Bremerton, Washington, to take public comment or consider written objections to the
vacation.
SECTION 2. Severabilitv. If anyone or more sections, subsections, or
sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this Resolution and the same shall remain in full
force and effect.
SECTION 3. Effective Date. This Resolution shall take effect and be in force
immediately upon its passage.
PASSED by the City Council of the City of Bremerton, Washington this day
of ,2008.
WILL MAUPIN, Council President
APPROVED AS TO FORM: ATTEST:
ROGER A. LUBOVICH. City Attorney CAROL ETGEN, City Clerk
1
Carr Boulevard - Resolution
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STREET V ACA TION REQUEST
PORTION OF CARR BOULEVARD
ENGINEERING STAFF REPORT
CITY COUNCIL HEARING DATE: October 15, 2008
PREPARED BY: Gunnar Fridriksson
SUMMARY
Applicant: Bruce Beard
114 2nd Avenue South; Suite 106
Edmonds, WA 98020
Location: The northerly 320 feet of Carr Boulevard to Lyle Avenue.
BACKGROUND
The applicant for this right of way vacation is also the developer of the Lakeland Lodge
Complex, an assisted senior housing complex. The project occupies portions of the
existing right-of-way of Carr Boulevard. The applicant petitioned the City to vacate the
right-of-way within the project and relocate the street southerly of its current position.
The connection to Lyle Avenue from Carr Boulevard is currently within 150 feet of the
intersection of Kitsap Way and Lyle Avenue. The relocated street will provide better
sight distance for the two intersections, better overall operating characteristics and
superior function to the existing Carr Boulevard.
RIGHT-OF-WAY CONDITIONS EXISTING ROADWAY NEW ROADWAY
0 Functional Classification Local Access Local Access
. R-Q-W Width 40 feet 50 feet
. R-Q-W Areas 13,055 sq. ft. 55,781 sq. ft.
. Pavement Width 20 feet 22 feet
. Surface Type Asphalt Asphalt
. Curb and Gutter None Standard curb
. Sidewalks None 5 foot sidewalk on
frontage
August 2008
Portion of Carr Boulevard Vacation
Page 1 of 6
HEARING CONSIDERATIONS
BMC 11.20.120 sets forth issues that the City Council needs to determine at the
conclusion of the Vacation Hearing. These issues and the staff position are:
1. Whether the street, alley or portion thereof is no longer required for public
use and vacation of the described portion will better serve the public good.
Staff Position:
With the relocation of Carr Boulevard, this portion of the right-of-way will not be
required for public use. The relocated roadway will be superior in public access
and function.
2. Whether the vacation is consistent with the City Comprehensive Plan.
Staff Position:
The proposed vacation does not conflict with the Comprehensive Plan.
3. Whether continued use of the proposed vacation as a public way is not of
such public benefit as to justify the costs of maintenance.
Staff Position:
Maintenance costs of the newly constructed portion of Russell Road will be
comparable to the cost to maintain the existing street.
4. Whether substitution of a new and different thoroughfare would be more
useful to the public.
Staff Position:
Carr Boulevard is being relocated. Traffic circulation characteristics for the new
alignment are superior to the existing streets.
5. Whether conditions may so change in the future as to provide a greater
public use or need than presently exists.
Staff Position:
The relocated roadway is expected to meet future public transportation needs.
6. Whether objections to the proposed vacation are made by owners of
private property abutting the same.
Staff Position:
This portion of Carr Boulevard has no other abutting property owners than the
applicant. However, objections have been received by the Department of
Community Development for the overall project from property owners to the
south of the development.
August 2008
Portion of Carr Boulevard Vacation
Page 2 of 6
SHORELINE ACCESS
This portion of right-of-way does not provide shoreline access.
UTILITIES
All private utility companies have been contacted. Puget Sound Energy, Qwest, and
Comcast will retain easements. Permanent utilities easements are to be reserved for
the existing City water and sewer lines.
SUFFICIENCY OF SIGNATURES
The request for the vacation was made by 100% of the owners abutting the property to
be vacated.
COMPENSATION
This right-of-way is Class 2, as it was dedicated to the City with the recording of the plat
of Brentwood Park on February 21, 1929 as Park Drive. The area of the portion to be
vacated is 13,055 square feet, with the new roadway dedication to be approximately
13,050 square feet.
As the area for the new roadway and the portion to be vacated are roughly equal,
compensation will be paid in the form of the new roadway dedication.
STAFF RECOMMENDATION
City Attorney, Police, Fire, Engineering and Community Development staff notes no
objections to the proposal.
Staff recommends that this Street Vacation be approved as requested with easements
reserved for all existing utilities.
August 2008
Portion of Carr Boulevard Vacation
Page 3 of 6
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Looking northerly from approximately midpoint of road to be vacated.
August 2008
Portion of Carr Boulevard Vacation
Page 4 of 6
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Note white truck to left of photo.
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Looking easterly along new roadway alignment.
August 2008
Portion of Carr Boulevard Vacation
Page 5 of 6
. . ." '1'" '.
Looking northerly on Lyle from approximately intersection of proposed roadway. Note short
distance between two existing intersections and existing signage. Existing intersection at Carr
is at approximate location of white truck in photo, and intersection with Kitsap Way at stop sign
just beyond.
August 2008
Portion of Carr Boulevard Vacation
Page 6 of6
:'RECEIVED (llY COUNCIL OFFICE"
JA TE _~LI2./-Q..tl____,
Cc: RO~e(" ~~~~ P~'l W. ,
, I .l('~j
1144 Carr Boulevard
Bremerton, WA 98312
Bremerton City Council
345 6th Street, Suite 600
Bremerton, WA 98337
Re: Proposed Revision of Carr Boulevard
Dear members of the Council:
We are residents of the City of Bremerton and currently live on Carr Boulevard,
directly across from Kitsap Lake Elementary School.
It is our understanding that the property owner who is developing his land at the
corner of Lyle Avenue and Kitsap Way is requesting that the City of Bremerton
vacate the northern 390 feet of Carr Boulevard in trade for a route up a steep hill
to replace the vacated roadway.
We are opposed to the proposed revision of Carr Boulevard for the following
reasons:
1. Carr Boulevard serves as an alternate route on snow days and by
closing off the road to Lyle Avenue and Kitsap Way there would be
no alternative route on snow days.
2. Access to and from Kitsap Way in our neighborhood would be
severely restricted by the proposed changes.
3. The lack of an alternative all-weather roadway has the potential of
limiting accessibility for fire and emergency vehicles during snowy
winter weather, thus putting the safety of our neighborhood families
at risk.
Please do not compromise the quality and safety of our neighborhood by
supporting the developer without giving serious consideration to the appeals of
the residents of this community.
Sincerely,
\
.k~fi1~<<a,uJ,c;/ 0/
Stephen D. Walton Randi L. Cox .
DATE SUBMITTED: August 12, 2008 BILL # 08 -.;Lot
AGENDA BILL
CITY OF BREMERTON 7A
CITY COUNCIL ...................m....................................................................
SUBJECT: Public Hearing on Ordinance Committee Meeting Date: September 10, 2008
No. 505 f3 relating to the acquisition by COUNCIL MEETING Date: September 17, 2008
eminent domain of a certain portion of Department: Economic Development
property in the City of Bremerton necessary City Attorney's Office
for development, construction and Presenter: Gary Sexton
maintenance of the First Street Plaza Project Roger A. Lubovich
Phone: 473-5282
473-2345
SUMMARY: The proposed ordinance relates to the acquisition by eminent domain of a certain
portion of property in the City of Bremerton necessary for development, construction and
maintenance of the First Street Plaza Project. It further directs staff to e?Chaust all reasonable
negotiation efforts to purchase property necessary for the project; describes the public convenience,
use and necessity of such property; provides for the condemnation, appropriation and use of the
property; provides the mode of payment of cost of acquisition of the property; and directs the City
Attorney to prosecute an action in Kitsap County Superior Court in the event direct purchase efforts
are not successful.
ATTACHMENTS: Proposed Ordinance No. 50S e s+vd Ses 'on
fowU" f~+- ~OV1- ~rn s.e..p+- 10 i( s,
Le, ~ r1"'\ m f'l tVlr.S". Rose!.....
FISCAL IMP ACTS (Include Budgeted Amount): The cost of acquisition is unknown at this time
and subject to negotiation and/or court order. Funding for these costs will be part of the Harborside
Plaza and Commons Capital Project Fund budget.
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY: .~
FINANCE DIRECTOR:
MAYOR:
COMMITTEE CHAIR ~ /
COUNCIL PRESIDENT: CONSENT AGENDA D
4-).' ~/-
GENERAL BUSINESS D
PUBLIC HEARING
RECOMMENDED MOTION: Move to pass Ordinance No. 5oSf} relating to the acquisition by
eminent domain of a certain portion of property in the City of Bremerton necessary for development,
construction and maintenance of the First Street Plaza Project.
COUNCIL ACTION: D Approve D Deny D Table D Continue D No Action
ORDINANCE NO. 5058
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, relating to the acquisition by eminent
domain of a certain portion of property in the City of Bremerton
necessary for development, construction and maintenance of the
First Street Plaza Project; directing staff to exhaust all reasonable
negotiation efforts to purchase property necessary for the project;
describing the public convenience, use and necessity of such
property; providing for the condemnation, appropriation and use of
the property; providing the mode of payment of cost of acquisition
of the property; and directing the City Attorney to prosecute such
action in Kitsap County Superior Court in the event direct purchase
efforts are not successful.
WHEREAS, there exists in the City of Bremerton a certain portion of property
legally described in Exhibit A of this Ordinance; and
WHEREAS, the State of Washington has provided or will provide funds to assist
the City of Bremerton in developing the First Street Plaza Project; and
WHEREAS, in order to acquire the property necessary to develop the First Street
Plaza, the City of Bremerton may be required to use its power of eminent domain; and
WHEREAS, while the City of Bremerton prefers to purchase said property
through active negotiations with the owners of said property, time is of the essence and it appears
that the City of Bremerton will be unable to acquire all of the property described in Exhibit A by
negotiation; and
WHEREAS, the City Council finds that said property is necessary for the First
Street Plaza Project and it is in the public's interest to have such property for its use and benefit;
and
WHEREAS, the City Council finds that time is of the essence in acquiring said
property, so the City may seek immediate use and possession of the property as allowed by law;
and
WHEREAS, the First Street Plaza Project is consistent with the City's Downtown
Regional Center Sub Area Plan; and
WHEREAS, based on the foregoing, the City Council finds that the only
alternative available for acquisition of the following property may be by eminent domain; NOW
THEREFORE,
1
First Street Plaza Project
Property Acquisition
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Legal Descrivtion. The real property that is the subject of this
ordinance is legally described in Exhibit A and further identified in Exhibit B, said exhibits
attached hereto and incorporated herein by this reference.
SECTION 2. Public Use and Necessitv. The public convenience, use, and
necessity, demand the acquisition of the real property described in Exhibit A herein for
development, construction and maintenance of the First Street Plaza Project. The project
includes construction of an interconnecting pedestrian walkway, cafe seating, and other
associated improvements.
SECTION 3. Condemnation of Provertv. The real property described in Exhibit
A herein is hereby condemned and appropriated and taken for the purposes described in Section
2 herein, only after just compensation has been made, or paid into the court for the owner thereof
in a manner provided by law.
SECTION 4. Cost of Acquisition. The costs of the acquisition provided for by
this ordinance shall be paid by funds appropriated by the State of Washington for the Harborside
Park Project, revenue from the City of Bremerton excise taxes, or such other funds of the City of
Bremerton as may be provided by law.
SECTION 5. Direction to and Authoritv ofCitv Attornev. The City Attorney is
hereby directed to exhaust reasonable efforts through direct negotiations to acquire property. In
the event reasonable negotiation efforts are not successful with affected property owners, the
City Attorney is hereby authorized and directed to begin and prosecute legal proceedings in a
manner provided by law to condemn, take, damage, and appropriate the real property necessary
to carry out the provisions of this ordinance. To the extent allowed by law, the City Attorney is
hereby authorized to seek immediate use and possession of the real property designated in
Section 1. In conducting such condemnation proceedings, the City Attorney is hereby authorized
to enter into stipulations for the purpose of minimizing damages.
SECTION 6. 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 7. E(fective 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.
PASSED by the City Council the day of ,2008
WILL MAUPIN, Council President
2
First Street Plaza Project
Property Acquisition
Approved this day of , 2008
CARY BOZEMAN, Mayor
ATTEST: APPROVED AS TO FORM:
CAROL ETGEN, City Clerk ROGER A. LUBOVICH, City Attorney
PUBLISHED the day of ,2008
EFFECTIVE the day of ,2008
ORDINANCE NO.
R:\Legal\Legal\Files\Current Active Files\1 st Street Condemnation\Authorizing Ordinance. doc
3
First Street Plaza Project
Property Acquisition
EXHIBIT A
Parcell
Tax Account No. 3718-009-001-0007
The South 40 feet only of Lots 1 & 2, Block 9, Bremerton, as recorded in Volume 2 of Plats,
page 30, records of Kitsap County, Washington. EXCEPT that portion conveyed to the State of
Washington for SR304 under Auditor's File No. 200704110174, records of Kitsap County,
Washington.
Parcel 2
Tax Account No. 3718-009-025-0009
The South 40 feet only of Lot 25, Block 9, Bremerton, as recorded in Volume 2 of Plats, page
30, records of Kitsap County, Washington.
Parcel 3
Tax Account No. 3718-009-023-0001
The South 40 feet only of Lots 23 & 24, Block 9, Bremerton, as recorded in Volume 2 of Plats,
page 30, records of Kitsap County, Washington.
Parcel 4
Tax Account No. 3718-009-022-0002
The South 40 feet only of Lot 22, Block 9, Plat of Town of Bremerton, as per Volume 2 of
Plats, page 30, records of Kitsap County, State of Washington.
4
First Street Plaza Project
Property Acquisition
Kitsap County Parcel Search
Legend
Parcels
Road Names
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'RECEIVED CITY COUNCil OFFICE"
DATE _.3./Jo(oe . 1:36~
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218 1'1 Street * Brcmertoll. ViA 98337 * (360) 479-1657 *
www.southpacitlcsportsbar.com
Date: ] 0 September 2008
To: Mr. Brad Gehring, District # 1 Bremerton City Council
Mr. Cecil McConnell, District #2 Bremerton City Council
Mr. Adam Brockus, District #3 Bremerton City Council
Mr. Roy Runyon, District #4 Bremerton City Council
Mr. Mike Sheperd, District #5 Bremerton City Council
Ms, Dianne Robinson, District #6 (VP) Bremerton City Council
Ms. Carol Arends, District #7 Bremerton City Council
Mr. Will Maupin, District #8 (Pres) Bremerton City Council
Mr. Nick Woffard, District #9 Bremerton City Council
r, ~'" '(. , ' I.. ~
Ms. Carol Etgren, City Clerk
From: Me & Mrs, David E. Rose
Subj: BREMERTON SMALL BUSINESS & EMINENT DOMAL"l ABUSE
In a recent newspaper article (Sept. 7,2008) it was stated that the reason for condemning
the buildings on ] sl street is for a "1 st Street Plaza" and because "the buildings are old and
don't fit with the character of what is springing up around them and the front isn't wide
enough for tables and chairs." "Right now the area is narrow and a cigarette haven."
Since when is taking someone's property by Eminent Domain justified by cigarette butts,
area frontage not being wide enough for tables and chairs, and being an old building not.
blending in with what's springing up!
For the last 4 years we have been the "Peninsula Construction Site." Construction on 3
sides literally touching our building walls! After completion of the inside of the
buildings 1 st floor, we started major improvements on the outside but had to stop due to
the "peninsula of construction" and the harassment by Me Sexton. If you look around us,
we do (and can) blend in with what's springing up. We are old, so is the museum, which
the City moved there, Two neighboring "New Buildings" have a colorful
Bronze/terracotta motif and so do we. Actually the Credit Union and we picked out the
terracotta color of our building. It creates a real nice triangle unity of color, I do agree
that the outside of our building needs finishing, and if you say "NO" to this Eminent
Domain abuse, that is one of the first improvement that will be finished. You have to
understand, why would we continue investing in a major facelift (both interior and
exterior) if we are harassed and threatened with "Sell or I'll take it!" for the last year or 2.
As far as cigarette butts, show me one construction site that doesn't have cigarette butts!
This "cigarette haven" mentioned is on City property, Thank God 1 care enough to keep
the area surrounding my property clean. 1 do sweep outside daily, the road included
where 90% of the butts are located.
We have had tables and chairs outside the front of our building for years with passer-bys
having no problem at all (this includes wheelchairs). It is narrower now due to the
construction barriers; concrete blocks, fencing and the road being V2 gone,
In another article, a Council Member states "it would be to diffIcult to leave our building
standing while taking the others down." Roughly 3 years ago, there was a building
directly attached to us on the left side called "Bemies." The South Pacific building was
in the middle. That building came down easily, thus leaving us standing is completely
doable. I have heard it mentioned about Bremerton being a "24 hour" city. Ifwe are
condemned, the Downtown Bremerton will be a lOam - 7pm City. After which, the only
food & beverage service is an upscale establishment that closes at 10pm. I call that a 12
hour City and with no diversity, no character and nowhere to go.
r "'" ~ ,
I could go on and on pOinting out incorrect statements or uneducated statements due to
not knowing or experiencing the "truth". I have invited all of the City Council and
Mayor Bozeman to visit our establishment to see what we offer. To date only 2 have
taken us up on that offer. How can you, our City Council, appreciate the History of this
building since you have never seen it. How can you believe a statement that "we don't
blend in with what's springing up around us" if you've never been here, never been
inside, never looked at our business plan and have no clue of what we have to offer.
If you saw our business plan, you'd see us blending in completely. You'd also see where
we left off due to a City employee's harassment and deliberate misbehavior.
I'm not meaning to slam anyone or be diffIcult. I am trying to get some eyes open to see
what is really going on. Why would the utilities department run a water main to our
building and carry it inside. Why would tl:te City build a wall to reinforce our building?
If the various City departments knew we where being condemned, why would they do
these improvements for us? Why would my insurance company send me a letter of
cancellation with no renewal option due to the City condemning us for the tunnel? Why
was it so difficult to get insurance after we were cancelled? In my opinion, the City of
Bremerton has collectively conspired to demolish the history ofBremerton regardless of
the property owner's rights and the public's views. Put an end to the secretive and
discriminatory manner regarding the general business situation downtown. There
appears to be no due process, no public involvement and the elected representatives
responsible for protecting our civil liberties and property rights seem to have abrogated
their responsibility. Please keep in mind the City Council is required to act on behalf of
the public, not on the behalf of a few elite people.
With the City is in such a budget deficit - parking revenues down, not enough monies for
road work, park projects, etc. why in the world would you want to take out a revenue
producing business? We have been in a "Construction Peninsula" for the last 3-4 years.
While other downtown businesses failed, we continued to carryon. We have the
community and tourism support or we would have folded like the other businesses unable
to make ends meet. Revenue is a huge concern with the City and understandably so.
With the construction coming to an end, our current operation and our plans for the
basement and upstairs of our building, we have nowhere to go but up, up, up' We are
"the diamond in the rough." The Triple L oflocation, "LLL". It's clearly understandable
why others want what we have. But to take it away to bring in other retail and office
space, (or excuse me, get rid of cigarette haven, widen an already wide sidewalk - you
can go the other direction to widen it - and to aHow for tables and chairs outside); that is
just plain and clear "Eminent Domain Abuse."
Our City Council now has the opportunity to put an end to this clear abuse of power,
Help us to retain the last historical landmark and revenue producing businesses that the
community wants to keep. Vote NO and let us continue on with our "American Dream."
, 1~~a6:;/ .
M Jo & David
Attachments:
l. Letter from City showing retaining wall support and incoming 8" water main line
for our building sprinkler system (partial trade for our property under sidewalk)
2. Permit from City showing remodel commitment with stairs and elevator for
upstairs remodel (business plan that was put on hold)
3. Letter from Insurance Company showing reason for cancellation
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PUBLIC WORJi{S & iPTll./TIES
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B!~f:rnerton, V.,JI\.
February 28, 2007
David and Mary Jo Pose
218 First Street
Bremerton, WA 98312
Re: SR 304 Downtown Bremerton Pedestrian/BTe Access Improvements
Letter of Agreenlent to enter Property for Construction Purposes
Dear Nlr. and Mrs. Rose:
As previously discussed with you, the City 01' Brerrierton (the City) is working closely
with the Washington State Department of Transportation ('JVSDOT) in design and
construction of a tunnel which will be used by vehicles exiting the Brerlerton
Transportation Center and Washington State Ferry System The tunnel project will
include various surface enhancements to reduce pedestrian/vehicle conflicts and
encourage pedestrian use of the downtown area as continued development and growth
occurs. The tunnel project is scheduled to go to bid early this fall with construction
cornrnencing early next year,
An element of the tunnel project is frontage improvements :ncluding an undergrounding
of utilities, landscaping, street lights and a new sidewalk along 1 st Street. As has been
discussed, you have recognized that these improvements are expected to benefit your
business. In preparation for this element of the tunnel project, the City will enter onto
your property at 218 First Street in order to remove the existing subterranean portion of
your building which extends into the City's 1 st Street right of way. All utility connections
affected by this work will be restored. This work will be performed by a contract
administered by WSDOT and at no cost to you,
The work associated with the removal 0'1 the subterranean portion of your building will
demolish the portion of the underground structure extending :nto the right of way,
construct a new retaining wali against the north edge of the right of way, backfill the
voided area, and fill the current accesses to this area with concrete masonry units
(eMU) all as shown on the attaclled nlitigation plan. This work \vill require access \0
your basement area allowing the reconnection of :Jiilities, f:-aminq E)j~d bracing of the;
Ilew wall from inside the existing structure. rernOV8! of the framing and bracing,
construction of the eMU filler v>la!l and cleaning up from the construction work. /\11
personal property must be re/llovedfrolll this 2.rea within two weeks of notice, but not
befon} i~\pri! 1, ?007
~l?e/~)()O !
-((J. f);IVld ~J.n(j IVj:~HY Jo P.o~'~e
Pc: Lc;ttcc of ,I\gr,;c,mC!'l! to eli\er iJ:'ov~r~y
!.J~.d'{""" -j n{ ';J
) 1\\('
'fhe South Pacihc Sports Bar
Date 5/31/200865945 AM Pacific Daylight Tillie
i=i'o,'n
To
CC
rv'ly Ilame IS Gary Alexander. l'IT) a 1959 West High graduate, the ~~()me as Norm Dicks. I live in
f(ent and work as a novelist and short story writer.
Yesterday, illY wife and 1 visited Bremerton for the first time in ages. I must say we were dazzled,
Kudos for what you've done downtown and continue to do!
We stopped in the South Pacific Sports Bar for lunch. It's a nice, friendly place with good,
inexpensive food. The employees expressed concern that the entire block may be slated to be
razed. If this is the case, please reconsider.
Gentrification is fine; overdoing it isn't. This area shouldn't be exclusively for affluent condo
owners and Seattle day-trippers. Working-class civilians and enlisted Navy personnel are entitled
to affordable places to patronize in downtown Bremerton too. After all, without them there'd be
no Bremerton.
Thank you.
-
:. ; D.1Urdav . !V1;JV 3 ] =~()OX ;\mt.:rica Online: MOBIL!: Sf'.in
Page 1 of 3
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From: Judy Friedberg-Nerf Onerf@comcast.net]
Sent: Tuesday, September 09, 2008 11 :33 PM
To: City Council
Subject: . Fwd: eminent domain issue
Begin fOlWarded message:
From: Judy Friedberg-Nerf <inerf@comcast.net>
Date: September 9, 2008 11 :02:23 PM PDT
To: Will Maupin <\lViII.M<;Ildpin@GQmg?~t.n~t>
Cc: cary bozeman <cI:JQ?_~m?n@Gi.l:lr~mer:tQ!HYCl,lJS>, Andrea Spencer
<AlJdr~~:l.SP~DG~r@Gi.pr~m~[1:QIJ..\.^I(;l..Lls>, Mike Shepherd <rnarathonermik~@comc<;lst.nElt>
Subject: eminent domain issue
Will,
I'm fOlWarding this to you as my Councilman, with my request that it be placed in the
public record when public comment is invited about developing an eminent domain
ordinance.
As a citizen I'm proud of the quality and scope of downtown redevelopment projects. I
appreciate efforts by City leaders and all who have worked tirelessly to create and
implement planning and funding to improve downtown Bremerton. The public spaces, the
new commercial structures downtown, the Government Building, the condos, the
harborside park, the Naval Museum plaza - all are fOlWard-Iooking enhancements and
improvements to our City and are deserving of the regional and national accolades flowing
to Bremerton. These, and the anticipated redevelopment of the Penny's building, are
examples of urban amenities that are beginning to fulfill the visions to create a vibrant
downtown space.
It was my privilege and pleasure to sit on committees leading to the development of the
Comprehensive Plan, and then to serve the City on the Planning Commission before and
after its adoption. There was much thoughtful citizen input to the development of the
Comp Plan - much discussion about how we would like our City to become. But I can
say, throughout all these discussions, I never once heard anyone express desire to consider
or recommend redevelopment improvements via use of eminent domain - whether it be
downtown or in any other part of the City.
The power of eminent domain is embedded in the US and the Washington State
Constitutions. Section 16 of the Washington Constitution states taking private property for
public use is a judicial question to be determined separately without regard to legislative
action that identifies acquisitions as for public use. There are Supreme Court decisions
addressing use of eminent domain and limiting its application. (And re: the New London
case that allowed non-blighted properties to be acquired and sold for the purpose of
increasing municipal revenues from redevelopment projects - some have written that the
9/12/2008
Page 2 of3
New London Project is a failure because the developer can't get financing, nothing has
been built, and the public is out a significant amount of money spent to acquire those lands
for redevelopment purposes.) Following the New London decision some states have
written rules to disallow the types of takings allowed in the New London
decision. President Bush has even issued an executive order further limiting takings for the
benefit of the general public.
I am a concerned citizen, and I mention these references to make a point. I think enacting
an eminent domain ordinance specifically crafted to allow the City to force the sale of all or
part of private property for use as a public plaza is inappropriate and not in the spirit of the
vision of the Comprehensive Plan (pedestrian spaces, yes - at any cost - no) nor in
accordance with the wishes of many Bremerton citizens. I think to move forward in taking
such action puts the public tax dollars and the City government at risk of unwarranted,
expensive law suits, and even if successful, establishes an unseemly precedent. I think to
enact such an ordinance would be in opposition to the values of many Bremerton citizens, .
myself included, and would violate the greater sense of fairness to private land owners by
subjecting them and their economic investments to unseemly pressures and real economic
loss, regardless that some of the properties might appear "offensive and unappealing"
(properties in question do have these characteristics in my opinion, but they are not
derelict, not dangerous, not needed for critical public safety needs).
In spite of my personal desire to have the downtown redevelopment projects completed
sooner rather than later - specifically, the public plaza connecting the Transportation Center
and the future park on the west side of Pacific, I wish to go on record in opposition to
development and implementation of eminent domain ordinances that would, among other
definitions, enable the City to acquire property to create that amenity. If existing buildings
do not meet "the standards of desirability" in a subarea or in a center, I urge Council, in
collaboration with the Planning Commission, to revisit elements of zoning ordinances to
create building designs and standards to be applied on existing structures, that under
specific situations - say permit applications to re-model, re-plumb, rewire, re-roof, etc. -
the building owners be required to perform certain upgrades to conform with
new "standards of desirability" in order for their projects to be permitted - something
similar to residential CCRs. And perhaps apply the same concept to owners of "empty"
buildings - an attractiveness mandate backed by fines for non-compliance.
The eminent domain proposal raises a number of questions, that in my opinion, should be
answered:
By what precedence should Bremerton consider implementing an ordinance permitting
exercise of eminent domain to acquire properties for public purposes? We might be able to
craft a legal argument to allow it, but at what costs to the citizens, to the reputation of the
City, and to relationships within the City?
Given that the properties in question were originally proposed for demolition for the tunnel
project, and that project was redesigned to avoid extra cost of acquiring the properties, for
what reasons can it now be argued that the City must acquire portions of these properties
and force the owners to sell or accept a monetary offer? Was there an original agreement
with the property owners that they would sell the properties for the tunnel project, and now
they have withdrawn from that agreement? How different is the current monetary offer
compared to when the buildings were being considered for demolition for the tunnel
project? Ifsome of the property owners are willing to enter into a sale agreement with the
9/12/2008
Page 3 of 3
City, might the sale go forward and the plaza design be modified to include these
properties to effect the desired amenity?
Does Council truly believe that the acquisition of the 40 feet frontage will not harm the
existing buildings - or their owners? W ouldn 't part of the buildings themselves have to be
removed to satisfy the 40 foot measure, and in so doing, leave owners with dysfunctional
buildings that would cost (hundreds of?) thousands of dollars to rebuild or remove. Have
we really become a city whose focus is redevelopment at any cost?
If acquisition goes forward, who pays the costs of demolition and removal of acquired
buildings? If 40 foot measures are acquired by the City, does the area become City
property into perpetuity with all the associated maintenance and liability costs? If
maintenance and repair fall to City departments, have/will adequate funds and manpower
been/be allocated to those budgets?
Might the buildings that can be acquired be purchased? Might some "work-around"
scheme be created to bypass the building owners who do not wish to sellout? Couldn't the
Plaza development go forward without these buildings, and with the use of vegetative
planters or some other beautification and/or design measures, still create pedestrian
streetscapes that blend into the overall redevelopment plan? Are we creating a power
struggle that doesn't need to be?
I am assuming street parking will no longer exist in front of the buildings in question after
the tunnel project is completed. Owners will depend mainly on foot traffic to support their
business. However, I know that when I am walking in a city, and see a business that I
deem "undesirable", I cross the street, or make a wide arc around its entrance. They have a
right to exist, but I don't patronize it because it's there. Perhaps their current clientele and
income are sufficient to yield desirable ROI. Regardless of their circumstances and
business plans, if the building owners in question do not wish to be part of the
redevelopment, rather than engage in legal and polarizing battles, and creating humiliating
public argument, might we offer what collaboration is reasonable, then move on to
accomplish the overarching redevelopment goals - with or without their participation?
It seems to me that our power and credibility as a City lie in the ability to remain focused
on redevelopment goals, and have the discipline to redirect our energies as obstacles arise,
rather than engage in power moves "because we can" - which is what this eminent domain
discussion appears to me to be. If we communicate to land owners that our future vision is
one of harmony and new functionality - then articulate the new standards and design
criteria that will apply (this applies to all areas of the City) - establish enforcement
ordinances and apply them - invite partnerships but move forward with creativity and
flexibility to accomplish the goals - and get on with it, we will create enduring and
effective outcomes.
Thank you for the opportunity to comment.
Respectfully submitted,
Judy Friedberg-Nerf
1600 Madrona Point Drive
Bremerton
9/1212008
- '.
"N W U~~ ,~, y, 'W " 'h ~ U' ~ "".N MW
From: Lori Smith on behalf of City Council
Sent: Thursday, September 11,200811 :06 AM
To: 'Troy Towler'
Subject: RE: Citizen Comments - Proposed Eminent Domain
Mr. Trowler:
Thank you for your message. Your comments were provided to the Council Members for their
consideration when this issue is presented at their meeting on September 17.
Lori Smith
Legislative Assistant
Bremerton City Council
(360) 473-5280)
-----Original Message-----
From: Troy Towler [mailto:ttowler@yahoo.com]
Sent: Wednesday, September 10,20089:15 PM
To: City Council
Cc: maryjo.rose@comcast.net; staff@mobilesound.com
Subject: City Council Meeting Sept 17
To the city council:
I am writing to express my extreme disappointment at the effort to acquire
the downtown property owned by the Rose family by way of eminent domain.
The business "South Pacific Sports Bar" has been a fixture in downtown
Bremerton for many years. When the Rose family acquired it, they made
tremendous improvements to the property to make it a nice, clean place in
downtown Bremerton to relax, meet friends, and enjoy great food and drink
service - something downtown Bremerton truly needed. Even with the
improvements being made to the downtown area, the business will fit in
nicely. I am just one of many who feel a need to do everything possible to
keep this business open, and I encourage you to find a way to accommodate
the Rose family and reward them for their hard work to build their own
business that has had such a positive impact on the city of Bremerton.
Unfortunately I will be unable to speak at the city council meeting next
week as I will be out of town due to a family medical crisis. However, I'm
sure there will be plenty of those in attendance who agree wit~ me and I'm
confident that this business will be well represented.
Thank you for listening, and I hope the council will make the right decision
regarding this business.
Troy Towler,
Bremerton Resident
9111/2008
Page 1 of2
Lori Smith
<~ <~ , ~, N'~ m u "" m~" N nmN ,~
From: Jerald McDonald [mplman@aol.com]
Sent: Sunday, September 14, 2008 10:58 PM
To: City Council
Subject: South Pacific Sports Bar
Ladies and Gentlemen:
I attended your Council work session last Wednesday night in your chambers. I heard what Gary Sexon
had to say about the South Pacific Sports Bar and how vital it was to take 40' of their property to make a
nice city scape. I like most of what Gary has done, but I certainly disagree with his plans for the South
Pacific Building. The overall plan seems inconsistent and selective.
Gary failed to mention several items that I consider extremely important and items that should have
been considered in his plan...but obviously wasn't:
1. Economics: The economic value of a viable business in the Harborside/Downtown area not
included in his plan. We were out walking along Pacific A venue earlier this evening and found 4
businesses that have recently closed: Bada Boom, Bada Bing, PIP Printers, and the two restaurants near
the PIP Printers. Then the new Tim Ryan Building can't find tenants. The Pennies building won't be
started until next year, but then who is to say that won't be delayed more? The Jazz Club closed about
10 months ago. The tunnel construction has killed countless businesses. Why in the world would you
want to destroy a business that is viable to our community and paying it's own way, despite all of
the construction. The answer is YOU CANNOT AFFORD to loose another business. Every business
that is able to survive in today's economy should not be forced to close.
The condemnation monies that were mentioned would not come close to compensating the Roses.
2. I don't think we need any more public parks or walkways. The Harborside District has wonderful
parks and walkways and when the tunnel is complete there will be even more next to the Naval
Shipyards. We need restaurants, not parks to support the ferry passengers, the Navy shipyard
employees, the locals (condo dwellers) and those that come to enjoy our new marina. There are not that
many restaurants in the Harborside District and the South Pacific is the only Sports Bar/restaurant in
our area. There was an alternative drawing that was shown at your meeting which left the South Pacific
in tact and eliminated the two or three buildings next door. In that area could be a protected park and
outdoor eating area.
3. Historical Buildings: The South Pacific dates back to I think prior to WW II. There is a lot of
history in this building from the WW II shipyard workers, to the cartoons on the basement walls,
etc. Although this building isn't quite as nice as the new/OLD Naval Museum, the South Pacific
should be included as part of the "old" along with the Naval Museum. It would be tragic to tear
this building down to add another park/public walkway that is usable less that 3 months out of the
year. Another park/walkway is only good for the summer months. What are you going to do with all
these parks during the other 9 months of the year. It may be aesthetically pleasing, but not
useful during most of the year. When the tunnel is complete there will be an ample amount of public
parks and walkways. We do not need any more. WE need something that will bring dollars
and people to the Harborside District year round.
4. The city would be far better off working with the Roses and arranging for low cost loans to improve
their property than to eliminate this property in the name of urban renewal.
9/1512008
Page 2 of2
I will not be able to attend your next meeting, September 17th, but I would like to have my comments
included in the public record. Also, I would be more than happy to discuss my feelings with any or all
of you Bremerton City Council members. I ABSOLUTELY FEEL BREMERTON CANNOT
LOOSE ANOTHER BUSINESS!!!
Sincerely,
Jerry McDonald
320 Washington Avenue #305
Bremerton, W A 98337
360-951-9129
=
9/15/2008
Page 1 of 1
Christine Grenier
"" 'Nv^ =, ~ ~n ='" "NN'
From: D C [paradyne64@hotmail.com]
Sent: Wednesday, September 17, 20085:00 AM
To: City Council
Cc: maryjo. rose@comcast.net
Subject: eminent domain public hearing
Dear City Council Members,
This evening when you hold the public hearing on taking the private property on 1 st Street by eminent
domain please take into account Mayor Bozeman's own words and our City's core values:
As the elected Mayor of Bremerton, I promise that we will operate as a business friendly city and will make every
effort to work with companies that want to invest in Bremerton. Also, because we are a waterfront city with our
downtown core just two blocks from beautiful Puget Sound, we believe we offer a premier opportunity for private
investment in our affordable real estate market.
Core Values
This Administration's Core Values:
1. We are here to serve the citizens.
2. We are problem solvers. Not cynics.
3. We are all part of the team, everyone counts.
4. We encourage individual initiative.
5. We celebrate our wins, and learn from our losses.
"It is my hope that my administration will reflect these core values. 'r
The Roses have invested everything they have in Bremerton; please don't take their livelihood and
dreams away from them. Would there even be an issue if there was a Christian Book Store or a Star
Bucks at this location?
Thank you for your time,
Don
,~cc_" N=, , ,,~~~ ~~-,~" , "" ~ u uNu, ,__" v~,
See how Windows connects the people, information, and fun that are part of your life. See Now
9/17/2008
Page 1 of 1
Christine Grenier
~hU~' ,,~ 'Me ~~ ~, '''~ -^
From: Jim McDonald [mazama90@msn.com]
Sent: Wednesday, September 17, 2008 7:04 AM
To: City Council
Subject: Comments on condemnation authorization
Bremerton City Council:
I support the efforts to authorize the City to condemn property for public right of ways.
We seldom question this public right when we want to build or expand a new road. For years, we
have placed motorized transportation above the needs of our citizens who walk.
Why shouldn't we think about sidewalks the same way as we do about a new road?
The condemnation process is fair and requires independent appraisal of the value of the property.
Please vote to build a new right of way for pedestrians!
Sincerely,
Jim McDonald
333 Lewis Avenue
Bremerton, WA 98310
9/1712008
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.... Public Use & Necessitv..:.. The public convenience, use, and
j necessity, demand the Acquisition of the real property described I
I in Exhibit A herein for development, construction and i
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construction of a interconnecting pedestrian wall(way, cafe
seating, and other associated improvements.
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- Who is Rice Ferguson Miller or Tim Ryan?
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- Appropriate Public Project?
,~i Reference Memo dated 14 May 2008 I
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