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HomeMy WebLinkAbout09/17/2008 AGENDA 'm , F'LE I,-__~d k~~~~J .k-----~ ~.:.. . 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. t'1)~ [ COUNCIL MEETING SPEAKERS LIST PLEASE PRINT YOUR NAME BELOW IF YOU WISH YOUR COMMENTS TO BE INCLUDED IN THE RECORD QAA-L COY L r:: I/J ,4 cJ \Fr\'L Ke bj\"~ KA ,,-o.,ud 'J ~S-A vt/r:'t:: ."......\ \ )-- t) ~ Uf-A r . (22,/-J- pre tv/... /J(l~G I-f~ 'aJtt~ W 4/21t ( NO.. T(/ jV If IlD . ;\Jd ;-<7 r A~~v(' 'U S~ <0 \'-\T- ~ j(cK Ca /I-~ S ~ M r1e1l-'! b6/1!{{ reV' 0 REQUESTS FOR INFORMATION MUST BE SUBMITTED IN WRITING TO THE CLERK THANK YOU IrJe J COUNCIL MEETING SPEAKERS LIST PLEASE PRINT YOUR NAME BELOW IF YOU WISH YOUR COMMENTS TO BE INCLUDED IN THE RECORD Jbi-t~ (Y\~' 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 . " CITY COUNCIL ~ ,;, i,,~ , ;J"/ ' .~ .~".. ......................................................................................., 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: a / I / l A ,:z;;..;;_ ~1/(=- CHRISTINE GRENIER "- Council Assistant Attest: CAROL ETGEN, City Clerk WILL MAUPIN, City Council President WM:CE:ls:cg I L\IE S\ d3:VIITTED: celio /016 BILL ;! _.__.t2_a_-=-_L'i_~__ AGENDA BILL CITY Of BRE:vIERTON ;df'bA ~':"r::\' (.;.1,,1 CITY COUNCIl~ ~ ,~9 ;Jil":'\ ... iQ;'" , ,..C,.?/ ........................................................................................ 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 WM:CE:ls:cg 1):\ IT Sl: B\ I ITIL!): Sl'p1l'llllll'J" l). 21)():\ nIll if O~~_. /qq AGE:\D,\ BILL eIT'," 01: 8RHvH:RTON ~l) CITY COLi'.!CIL :J' . " . .' '.. ~., ........................................................................................ Sl'B.JECT: Ordinancc No. 5059 COllllnittee \.kcting Date: __~ q2~ ~1_~l_~)~r_J(!: } (!.(! t_ un_ -.--" - - --_.-" -~~ -.. "---- 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/;~~ ._-_.~----- r ----- ____,__u,_ ----.------~~~ ---- ----~.-.-..-.l 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 ".--.... LL :: f- L 0 <( 0 0:::: ~ 3: LL <C CL - Z 0 w z .... > 0::: ..-- o-j 0 . t- . W W 0::: a:::(/) -- I- Z --.J CL - w~ ! . ~l.L. 0 :=) Z w . ,001=.1 :37VQS <C W a:::t:) ~ 0 ~ OJ I . ---.. ~ U I- > N l.L.oo OJ - <C 0:::: 0::: f- 00 > 0 0 - >-......... CD t-OO I&i D- O:::: (30 0:::: ~ ..-- 0:::: 0::: U 0 <C <( w LL U CL (f) :: '"---" 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 _.. ...~ >";l>,,,,-\:..-rc... ,~..~{ t"~ ..~ t"- ~({~ ;",,~,,~~"~~!.~~*",~~~;:.:;f~ 1'!~X.tlP"::'~~~ . ... t..,..\:;..:JG. 4/ K,',_._ ~~(." i"~1"'; :t~VI ~.. .,,::i~~l~.~ir~~tk%.$~f:~i~~~t!l~~ ',". '~;;,-::f'",f~;:" ",,;clt'- :t',,',t W'_ .....r,...':."W'l';"~'i}!::;;;J!!;,{;,>:;;,.;:i!jP!itwl;;~,!r,, "'!'~~'" '" /"_'''~~C~'<'';,:'.'1:'~'"f ,'1':"',; ~.t"~~',j~;"'l ~~~~~f1fli_~.1r~~~t~'\~~ ~~~!:t~1J~~lI..~j!.:q:~~:~l~~~: !-,/;:~~~:~~:&'~lfJ!"~lr~~~~-::tPl~~l:1~~~~~1~~~"Jr':"~fU~f?'!~~~~Sa:~~~""~~~i~i&~t .;~~tfj Looking northerly from approximately midpoint of road to be vacated. August 2008 Portion of Carr Boulevard Vacation Page 4 of 6 l~~ka~J::;0,~J~'~~i~j.{~i~~~~~tll;~~~~ir ~ ~,':i~-~~"- ,!~.,.":.--(}...,I.","S.tJ~J .:<-.;:;.~ ~"',,,- .1'( "...,."'"t'{ ~',g ~~<,,;11, ./\'?,~. r. ,f~..;.:t... L........-!t~~,~~!it, ",.~~- ~i~ r"~ ~ ~.:.:~~~"";.~~>i-~.?.."'~it.r~...~.."i"; ",..~.f.~-.. ':1ojF~~;".\J *.~,w,~.:~l'?,). ~,~,'~ - ~,~t, ",-,,-; .,.-;,.. ';;'~~~~~ ~;;J;;:t".~"i[::I,r","t>'; lY1rJ~t~ ...~~. :lJ"i'1r-J, 'i ,~.../r: ..:i '''." ~~<,~2.:l~.t~-;o.'"t~". .""~':~..~ ...~~ i'''' ,,:if~.~~ '~!\~>"-"~\>"l,;if"'~~g,.~i ttl~~~~l~;;r ':~~DE~V~'_(~~ ';;~ f~:1:":;~ T"'~~~~'~~:_~J~< t~~: ;~,1~J~'{} :V:~'~y~'~ ~:;~~X',r~~;: h~~ ~~~:~~~~ ~~'t'~'f' '", ',~_~\;;,,\,,'~:~:,:1'~,W,,,,,,k~..=,<y"_~;; -l,~t'~-,,,:~,;;~ ~<~,;,~~ .,;. r~.}:;,~~..:~~,~:-.,;~~t. ~~~:~~~~~1~<~:~:~:i"~~?~~~~~~:lit,:::i{~7;<J~~'~ii~~,:?;:~,'~i~{~t~~:!~~:!~:~ [~~'ff.\'r~1~~~~~~<qJl:~".i~~' ~~;>~f~~~~~~. ~~2:-., '--i-o.,r''$P ';'(~~'~::~~~;'.1k~~<,t:i~~"" ..~,:".' ~~;!i.~t~l :~:A~~[;~~i~1 ;)-~ ~~:t-,..> .~';;:. 'A.~.~~d! >-'~..~~ <-.~ ":,- -!...;'* II .":A,'\l:~ ",'""'!'t~.r.; .,.~~;; '~..J '-""i'''':~1;, ""'1_7 fi,',t ~'1 ~'1.{~. 1"" ,'> ""-A/":',"~.:,;-:", Vlf..- 'l>\-:t:."'.ftl+-7'~-&~:~i';,*-'~~}~.f~i.: 'b":' J, ~ ~~r~""t' ~ ~" 7" '. ~t.-~".:.)'i...~~..~.;.'V 1.~"'''''~';''..,~e~'''''''7,..Jt-~';;). It'~'''!:r'''~4~~'''~-1~''' '~#~\~-:;::. :~rt:::.!~{; ,~t??I:f" ~~.,~ ~f~~" ~ rt':! : ~~'" 2l~~~~~ ~:df-'~:~:.~~;J,~ ~~ ;~;'~~f<<" ~-;~y < )f~~~~~'~ 1{;.t/~ .~"fir',~~. , ~l~"~~j~\~~~\1?;f??:t~~~ ;).f;":.'~ f.i::; ~>~-vfJ1~:;,~~ :,~:,,;r&;~'<1 :::I'~~r;:::;;:,/!_:::.:~t:i./~l1f~~~'~r,$i)!,;~ ..;~~~~~ ,"' ....._-i;~ ~ ~_,...". ;;;;~~"",,', ' "'>. ~.:... -'i~> \~. ',-.>. ~ ~~~'''~~i:!-l,'' ~ .. ",-" ~ ,,~ '<.^" "-. At ~,;t~t~~i!'''' ",.1' ,'>; ~.: ','let ~..,,;:.:'::-;' :1":;*",l;"~'_~ < ;'.<~~Al;;'::'~<I;i:,; ~'~."r.~:'}'li'.:( ~~~~".,~~\t-;'fi'$'- ~. I~>;" ~~~~'Ti1~"/':;"t~~",~1 ~)5~'l~r~~ i;c l*,".e .:., ~ -<' _1;f('",'i.~", !d'1..~\G"~~.1~?'Jr{\~~,,>;!'--~i',),"!~~~~~ ~1P"!'t~ ~'T~~--," - ~ " "_.~~~r~~= ~J; ;:~.z~~V;.j-~;;:;,;!~"" lll","'~~f~ f.~-tl!<"'~ r~,:: ;~ ,ij;;~_}1.~~w..~~~"'1JfD.\'u~1T~\...i'; "r';R:;<1;f,,-~~~,\,.:;O;:1 ,~'"'""1':t-~.1'......." ~O; ~~ '<.: < .;;0."", ~';''''~';!N,I. .~1i-',.,!.,;' -r;t;.".l.'~-1,~ ~~l(:'!"'~';";;-<'ll~;n!-l,.~ ~,;'l~~'~",~,..'\~ ~"'i(, :.~~" "~:1r:'...\''''' f..~:~V"",,~ ~~~J!~~~~~%:1:~~~1!~k~~~~~~~til~~A~~~fl~~~ Note white truck to left of photo. ., .,:. { 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 2N-D 5T Military u.: :; (), IT: J -"<"t. C4 '1 I I ..;(.."",,'{"~ ! ,:)_1 ~). i , ".~':j I I " ...., I _'\O\~ I ,-.;;,::/:..;;i;;) I I I I I I I RYAN TIM PROPERTIE.S LP I i 3718-009-001-0007 i Co ri ht @ 2008 Kitsa Count' I , DISCLAIMER: This map is intended for display purposes only and is not intended for Ii I any legal representations. I I [Click here to Print] . EXHIBIT B "'," .-.', -. ~.' ' ,". . -', ., ~ " -"lj;':.'!, ,'" , " > ": "'" ,. ~ ' 1~rG~~ii;;?2~~~~~f;~;iZl~,~~r~~~},;j9;:'~'~~.~=,lt~~i;r~~~:;I:)~.~)cS~~:};;1~1!{l"]] . -,.'-..-. ~ ~~--"".;..:,-~ .. -~"-- ,-,.... I' "".f,'. I'. r . -, t. I" I' , ~ ....' 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STORY of.c~,ntE!rpiecefo(Bremeiton?s',~ 1: ~A//, ~REMERTON Iiewestpublic Pla',ce, ''.;-.:, ':;., ;:. , "I '\ri~'i' ',,' ","'" ,"<,< - -. ,.., 'i/-1? "Iv",< <<;'}- I 1(' """, !~ ::'P.LAZA;FE;.{tURE'bE5IciN: : , . , ~~:~.~ -"~- ~',:.:/'~~~~:;;> :<~~~~~ ~"" ~r'- /:~ ,'~.~~';~\~.~: " .c <. '~,~ -,,' '.' ,~"- ", -x ~-'J .:' :,' p'Q(~;kJ..1~'N:0:~~~ci',V~~:~?~' :,,:, .":;; ,'The'c~luml'!"of>lighlis setin, " ! . 'A, ~ ; -;.. ;- . ~ , " Ii".) . .,- .. ,!~~Yri"t~:lik~p~v.ing:ln!aid~'; '., ;':1; ,Coriniictj~n t() Memo'rial P~rk" '.'~ '\-.. " . :,.bronieplace'nam~sare" . .~ " ,,- . '-, - ....' ~. ,~ . c,' .,j.,: _ < I '. j: " " arrangedlikepdili~s ana ... '-.- ';.'- ~2,:Ma~k1st&Washington'as:J,~;.:' ,,' . /.'-'. '. ,~;'~;~O:~jt';~~f;~P~~J;~i,y_ , ' .' ,', " " , ." .:compass~ NEW OFFICE & ". ,'. ," ~ " /~ (.. RETAIL BULDING .,' ",' \'i~l,/ ( \1; ,\ '" .. . , ' .. / I /MEMORJAL PAR~':" , ,.. L-_.__L__-1~' . '"'''':''' ; t .. '\ , "~' . . ~.~ ,'~:'~' c , ,,< "", : ~~ ' . . . , ,.. , ," .. , " " ',./, .~ .' '. . , - # ~ . C;-' .,";. !' ,.' .. , "'" "j" .J'. , C. 13, T.24N., R.1 E., W.M. GENERAL NOTES LEGEND 1. ORIENT JUNCTION BOXES I\S SHOWN ON mE I"..AHS AND OET AILS, EXISTING NEWIREtOCATED // 2. TREE WELL JUNCTION BOXES SHAll BE INSTAllED PER OETALS 1,2,3,4,5,& 6 :) . -'?:), COllRA HEAD UGHT STANDARD Y , / ON SHEET ED4. ',:'1_'1 \..'\ :.0 '-t--(-~ DECORA T1VE LIGKT ST rWlARD 3. SEE DWG. EDl FOR TREE WEll LOCATION TABlE AND JUNCTION BOX TABlE, ~ COBRA HEAD LUMINAlRE ON SIGNAL POlE ~}!-lf 4. SEE QWG, ED2 FOR SINGlE UNE DIAGRAM, [)- ..-() EXISTING BTC lIGHTING POlE 5, SEE OWG, ED4 AND ED5 FOR SIDEWAlX, POlE, JUNCTION BOX AND CABINET " ~.<J JUNCTION BOX, TYPE 1 .' , 1 ~~ / 1/ FOUNDATION DETAILS. ,. bi JUNCTION BOX. TYPE 2 I /1 /;// I ~, 6, SYSTEM GROUNDING WIRES NOT SHQ'Mj IN CONDUIT IWIRE SCHEDULE. INSTAll ------- CONDUIT AND WIRING PER CODE. ;-:~.~ ELECTRICAl SERVICE CABINET ' 1/ 7. INSTAlL 1 ,'Z' DlM4ETER PMPlY CONDUIT IN All ILLUMINATION RUNS h/~ EXCEPT RUN NO. I, 2, 11, 13, 26, 29, 33 AND 39. , ., TREE WEll j\ 8. COORDINATE LUMlNAlRE STANDARD RELOCATION X212, )(213 W/THWSF. ~?J UTIUlY HANDHOlE ~ , I './ X211 \ j{6\ / ( '" , ~'r." X210 "''' -' ~> / / '~~ . " '~'-' P-L1NE " ~" f..;"fr . , ". F ~ j ,;"",: 325 -...., "." I":J I ~ ,.. ~'.....~_ "- . j..'. '. . / /:..~;;, a?) q- - - -- - - r- , }; "< -', ~..... / "~'':.:.-:'.:~/ r:, I..', ", I. ',I~. (jJ V ......, ~ '/(?'" f: ' . " I., r',./ '- 'oj.. L 28 I;'; ) - . - j F ::<,'1'~:'j .- y' ADMINISTRA liON t) '..... '...~, I ,~~ /f.' _ ~~~-~ / BUILDIN6 '. /.,l';::;-::\,'~:< / <:::::::.::..---- ....., / '" ''<.... --<:::..::...:--::-.:::-::. ~ -~",- . I 7 .-/ " ". - / . "- . SCHEDULE '\, LUMlNAlRE CIRCUIT REMARKS TYPE NO, ..W DECORA TlVE ~2 ~w DECORATIVE Cii DECW.TM: .-. - - --~ .._--~-----._--- 3-2 t.~~CC!flA TIVE. ---, --~------~.._. -W DECOM TIVE 3-1 cw DECOM TIVE ~-_.- ------ --~-- .-. _._--- ~ DECORA TlVE 3-2 ',W DECORATIVE -.- , - .-- - i.W DECORATIVE - ,W DECORATIVE ~2 ------.-- -- --- ---- ~~~ ..WDECO~TlVE 3-1 'tW [)EC~~_ .. CONDUIT/WIRE SCHEDULE (ILLUMINATI' ~w DECORA TlVE ~, ;woeCORA TlVE SERVICE NO. 1 t 1IIIIUI"U,"l'"\..~.~~~~-e'il"'u,..-- ' ~ . ---- - .~~ ~~~g.~~.: :!-1 ,I.- 1l111UI~4 i1rw I --TQ~ 1-'r.!i.IT 'RECEIVED CITY COUNCil OFFICE" DATE _.3./Jo(oe . 1:36~ ... _ ..~: i~,i~~'.-'L"C~'~'/m.'~" "'\~ -c. '~isd ~\:~~ r:l (J ~'t~; ~'." \~cj;/ ,1;t"ii~"'i~H"';-;;;;"~'";)i(''';i:~~'l~ml'~''';;;-~;:i.t.~)f!~~C: 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 -- -.-.---------.--.- .-------.-.-----.-- -----..--------.-.--------------..---.-----.----.. -..--.......... .. - .,-------.--------.. ----1 I _:iQ:G=. [C.~F: :;; f..<S~i',::::l :.~! .'I;'ED!I 'L"J ' - :J.:~'~~ J !r-~,~::.;'~~~;~I~~ '.'1'. :~',:,~c.,>..l::-:.-;L ~ '-, ''" "':"!:;-O':;- iJ/ \ 'I' 1,...- I ' f') , i -I "- .~ 't___-''=''~,__u_._t.__~iw~:Y___=_:..: ~ ,."," ",,' .... r ;1'~ -.----.----.. '--~-E\:'~~!DCW f~:~~:~~~-~~:.':_~-...- ~ ., ..;f.t~g~.Itl..~~S.!E~g__sp.;~~~~i?~ ~ .; ~~:;,~~4.-;;:=;::l _. I , ;j,' Viii, --" / , _.. ,e,', --"", --{7f}~~;tZ'~~~~:;. -[-,Z] ,.( _, ,~,_, ";-}j. ,\ ,'1 "lie','''., ~ 'I' L..- ,..t'"". \', , ",;<} I ,;;: {tI'~;:: ';i~{~~~~'-t ..-,... - I /~-, ~'. J2.E.GTION ,~.!:_~ _.8=._CTiWh..L....?_) \ I \ ' ~...j ,,~_/ 6~~:i;4~~~~~~~~;:'~~ L. -''"~~~.i~~~;;i=I~~s:j ....-E,~-~>~/<?~ --~~~Tcl':'-~;I:Tl-=_1 ~~: [; ~:;::::;~; ;:~::.~"="! ~~~~.;"i~1;c~~~:-,<.0=::= PUBLIC WORJi{S & iPTll./TIES Engineerin,g Oiv'isi(:)/;'1, (:d ~:,iJ~:,4:~;~ .S??5- f-;u: Jf}ll~~j.r3-'.~) 19, ;:m2?,OlYlnpu$'U 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 _._'~'N^~"~_W_"~ "_~~"_v,,,__,, '''~''''__~'__~'~__'_~'~=~~~'~m_~n~_~'__~__~_'v,~",,~_ c'" ,,"w ,__,,,_.^. v.,. "_ ",,- "., "~"'~""~~~'-'~"""""~" 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! 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Q Q~ (]) ~ o::l i ;::::i a (!) 0... ' o S ~ 0 I (/) o.B ~ : n · ""d 'v ::: -~ .........' -- . .-- '-"-, . ----~ ~:,K .... 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 ! maintenance of the First Street Plaza project. The project includes I construction of a interconnecting pedestrian wall(way, cafe seating, and other associated improvements. ~~~ ..' ,..,,: . .: .,~..~ '". . '0' h '^. ,,_ " " . y ~ ~'~...'" ,.:,:.,,~ '''' . i<,O,....".,.,,'y;:;. .,' ":.,::" ":~".,.Y... ..:..y;'F~'<:: Justification for Eminent Domain... , I ' , I i ! I I I I f I I i .' I I ! . . , .\~t'~~.. .-;;.'i<.. _.__.~ . - - . " . .,>) ,.. - ---------~'--- "----- -- ---. . 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