HomeMy WebLinkAbout01/28/98
TAPES #1520, 1521, 1522
CITY CO UCIL MEETING MINUTES
JANUARY 28, 1998
The regular meeting of the City Council of the City of Bremerton was called to
order in the City Council Chambers, 239 4th Street, Bremerton, Washington,
Wednesday January 28, 1998, at 5:30 P.M., with Council President David Farr
presiding. Council members present were Jim Reed, Carlos Montgomery, Carol
Arends, Mike Shepherd, Lon Overson, John Law, Cecil McConnell, and Wayne
Olsen. Also present were Assistant City Attorney Glenna Malanca and Deputy
City Clerk Paula Johnston.
The meeting opened with the Pledge of Allegiance led by Council President Farr
and invocation given by Reverend Janet Roberrs of the Central Kitsap
Presbyterian Church.
President Farr made the following announcements:
(1) The Council held a Study Session prior to the Council meeting to discuss
general Council business.
(2) The City Council held a 10-minute Executive Session immediately prior to
the City Council meeting to discuss "Personnel".
(3) The City Council will hold a Study Session on February 2, 1998, 5:30 -
7:45 P.M in the Council Conference Room. Topics of discussion are:
(1) Standard Code of Parliamentary Procedures & Review of City Council
Polices and Procedures;
(2)Bremerton Kitsap Access Television Equipment Order And Placement
(2)Bremerton Kitsap Access Television Rules On Use And Access
(4) The City Council will hold a Study Session on February 9, 1998, 5:30 -
7:20 P.M., in the Council Conference Room. Topics of discussion are
Public Works and Utilities issues.
Deputy City Clerk Paula Johnston announced Glenna Malanca, Acting City
Attorney, had a statement that related to Agenda Item 11A. Glenna Malanca
stated the appeal that is set forth in Agenda Item 11A will be stayed until the City
acts on her recommendation, as the Interim City Attorney, to repeal Ordinance
#4619, which amended the City's Shoreline Master Program relating to
Docks/Piers on Oyster Bay Channel. The ordinance was adopted and its
provisions appeared to be duplicative of Chapter 5 of the Shoreline Master Plan,
specifically Regulation #10 at Water Access and Moorage portion of that plan.
This regulation mandates that piers and docks are to be prohibited where
navigation may be significantly impaired at entrances to bays, channels, or
coves. In addition, the argument can be made that the procedural process
TAPES #1520, 1521, , ,>22
City Council Reg. Mtg. Minutes
January 28, 1998
Page 2 of 26
leading to the adoption of the ordinance could affect the enforceability of its
provisions. She further recommended that an ordinance repealing Ordinance
#4619 be introduced for first reading at the February 4, 1998, City council
meeting. President Farr formally announced Item 11A would be pulled off the
Agenda.
CONSENT AGENDA
A. Minutes of Meeting - January 14, 1998 #AB98-010
#0106 MISICIU(McConnell/Montgomery) Motion to approve the Consent Agenda
as presented.
CLAIMS/CHECK REGISTERS
Vouchers audited and certified by the auditing officer as required by RCW
42.24.080, and those expense reimbursement claims certified as required by
RCW 42.24.090, have been recorded on a listing that had been made available
to the Council
#0128 MISICIU(Montgomery/Arends) On January 28, 1998, the Council does
approve for payment those vouchers included and further described as follows:
EFT4627, 216274 through 216276, 216286, 216318 through 216552, 216555,
216556 in the amount of $709,330.92.
COUNCIL MEMBER REPORTS
Mr. Reed expressed his gratitude for the "vote of confidence" several of his
District #9 constituents gave him regarding his position on certain issues being
addressed by the City Council. He thanked the citizens of the City and District
#9 for their words of encouragement.
Mrs. Arends reported water main work is underway on Montgomery Avenue, the
intersection of Montgomery/Burwell and Montgomery/6th Street.
Mr. Shepherd reported he held his first District #5 Neighborhood Meeting, which
was well artended with active participation. Thoughtful and incisive questions
were dealt with and the presentation by Mayor Horton was very informative and
well received. Also discussed was the status of Evergreen Park, the Haddon
site, and the improvements planned for both of those areas. Within the next two
weeks he will be establishing a Web Page and E-mail address with hotlinks so
that constituents and members of the public can communicate with him
electronically. The next District #5 Neighborhood Meeting will be held in two
months.
TAPES #1520, 1521, . .~22
City Council Reg. Mtg. Minutes
January 28, 1998
Page 3 of 26
Mr. Overson noted City crews were removing trees, replanting new trees and
making improvements to the sidewalk along 5th Street, which is part of a
continuing program that will affect various parts of the City. Today, Kathleen
McCluskey, Director of Administrative Services, conducted a beneficial meeting
addressing the Naval Museum and its continuation. The next meeting on that
issue will be held February 3.
Mr. Olsen announced the next District #1 Neighborhood Meeting will be held on
February 19, 1998, 7:00 P.M., at the Sheridan Park Community Center (Lounge).
The guest speaker will be Mayor Lynn Horton, who will address the "State of the
City" and Sinclair Landing Project.
MAYOR'S REPORT
Mayor Lynn Horton announced the Westsound Arts Council would like to bring
a Dale Chihuly glassworks exhibit to Bremerton and are looking for additional
support from the community. Additional information can be obtained by calling
the Westsound Arts Council at 373-6531. She noted such an exhibit would bring
people from all over the Puget Sound region to Bremerton; and would be worthy
of receiving Motel/Motel Tax Funds, if available.
Mayor Horton announced pursuant to City Policy 1-20-05, the following computer
equipment is surplus to the City's needs and being made available to the public
at no cost: 36 ea. PC's (NCR, Compaq, clones) either 286 or 386SX. Most are
9-10 years old. The PC's may or may not be in working order. 29 ea. PC
Monitors (NCR, Compaq, other brands). Same vintage as PC's. Some are
monochrome, some are color. Most work to some degree. 6 ea. Printers (dot
matrix). Poor Print quality. To obtain information on this opportunity call Bill Eley
at 478-5301.
PUBLIC RECOGNITION
Rob Schneidler, Admiral Theatre Foundation, extended congratulations to David
Farr and Anna Laurie on their recent marriage. The Admiral Theatre is featuring
Long John Baldry, an internationally known blues singer, on January 30, 1998.
General and dinner seating are available. On February 7, 1998, the Admiral
Theatre is featuring Dean Regan in "A Closer Walk With Patsy Cline".
Elizabeth Buell complimented the City Council on the framing and display of the
USS Missouri under fire print that was donated by Bob Sauter. If anyone is
interested in obtaining a print, Mr. Sauter has five more at a cost of $100.00
each.
TAPES #1520, 1521, . ,~22
City Council Reg. Mtg. Minutes
January 28, 1998
Page 4 of 26
8A- ECONOMIC DEVELOPMENT PLAN CONTRACT, #AB98-011
Information, which was presented at the November 5, 1997 and January 5, 1998,
City Council Study Sessions concerning development of an Economic
Development Plan, is attached.
The City is interested in promoting utilization of the Community Reinvestment Act
of 1997, which stresses the responsibility of financial institutions to respond to
the needs of the local community, and other tools to enhance economic
development in the City of Bremerton.
Request authorization to contract with George Parker, a consultant with 20-years
of experience working with communities relating to economic development
issues, to develop an economic development plan. Mr. Parker would research
the specific financial needs of small businesses, the resources that are currently
available, and the gaps between the needs and the resources and subsequently
develop a five-year strategic plan and one year action plan to address the gaps.
Debbie Peavler-Stewart, Department of Community Development, pointed out
this issue was before Council at two Study Sessions.
Virgil Elkington, Bremerton resident, asked how much money was available and
how could someone obtain it? Ms. Peavler-Stewart explained the proposal is to
develop a plan to look at the needs of small businesses within the community
and identify those needs, such as start up money, technical assistance, etc. The
next step would be to work with banks, profit, and non-profit organizations to
address those needs. Mr. Elkington asked again how much money was
available? Ms. Peavler-Steward stated none at this time; the proposal is to
develop a plan.
#0622 MISIC(Montgomery/Law) Motion to authorize execution of a $15,000
contract between the City and George Parker. Funds will be budgeted from
housing loan repayments.
Vote on motion: In Favor: Reed, Montgomery, Arends, Shepherd, Farr, Law,
McConnell, Olsen
Opposed: Overson
Motion carried.
8B - SINCLAIR LANDING MASTER DEVELOPMENT AGREEMENT,
#AB980012
Pursuant to a Memorandum of Understanding executed in February of 1997, and
amended in April of 1997, the City has negotiated the initial structuring of the
development, construction and the City's participation in the integrated
redevelopmerit of portions of the central waterfront of downtown Bremerton. The
TAPES #1520, 1521, .,~22
City Council Reg. Mtg. Minutes
January 28, 1998
Page 5 of 26
project is commonly known as the Sinclair Landing Project and is based upon the
combined efforts of the Commercial Group, LLC, as Master Developer; the City
of Bremerton, Kitsap Transit, Sinclair Landing Association, Port of Bremerton and
the County. There will be public and private features including major retail
stores, restaurants, hotel, public parking garage, and waterfront park.
A major component of the Master Development Agreement is the construction of
the 2,400 stall-parking garage and other public amenities. Construction of these
facilities will be accomplished by the Master Developer, and will become the
property of the City of Bremerton upon completion. The purchase price to be
paid by the City of Bremerton is based upon a formula involving the net parking
revenues and increase in taxes generated within the project over a 25-year
period. The structuring of the purchase is subject to the approval of Bond
Counsel, who is in the process of reviewing the purchase provisions.
Mayor Lynn Horton stated this document has been a very long time coming, but
it is now a document that the majority of the parties can agree on. Kitsap Transit
has spent a great deal of time on their issue that relates to the Bremerton
Transportation Center. Kitsap Transit will be reviewing the proposed agreement
at their next board meeting on February 4, 1998, to address ratification as it
pertains to the transit elements. Today, she received a letter from Commissioner
Phil Best stating that Kitsap County will not be a signator primarily because at
this point they have no responsibilities articulated in the document. However,
Commissioner Best indicated that Kitsap County is supportive of the Sinclair
Landing Project and if, in the future, there is some role for the County, they would
be happy to work with the City to determine what that potential role for support
might be. The other entities signing the agreement are Kitsap Transit and the
Sinclair Landing Association. Mayor Horton explained how the City and Kitsap
Transit worked with the Commercial Group on their respective elements in
developing the subject agreement. She emphasized what is proposed is not a
perfect document, but it is a good development agreement for the City of
Bremerton and one of the overriding issues in negotiation was how does the City
limit or ideally have no risk in this project. The City's risk is primarily with the
2,400 unit-parking garage that will be underpinnings of the development. This
agreement articulates the financial formula that involves the City and at the end
of the 25-years all of the revenue generated from the parking garage and the
formula will go to the City. The City will own the parking structure upon its
completion. What the City is agreeing to is 60% of the incremental taxation that
comes from the Sinclair Landing Project site will go toward the purchase price of
the garage. The net parking revenues from the garage will also go toward the
purchase price. The cost of the parking garage is estimated, with property
acquisition, design, and construction, somewhere in the order of $60 million
dollars. As a comparison, the City of Seattle's public/private project with
Nordstrom is somewhere in the area of 800 parking stalls at a cost of $50 million
TAPES #1520, 1521, .522
City Council Reg. Mtg. Minutes
January 28, 1998
Page 6 of 26
dollars. At the end of 25 years, on an annual basis, the City estimates that the
incremental taxation coming to the City will be somewhere around $2 million
dollars. Based on that proforma, $1.2 million will go toward the purchase price
and the extra $800,000 will go into the City's General Fund. Multiplying 25-years
X $1.2 million comes up to approximately $28 million. She feels strongly that the
City has struck a "good financial deal".
Mayor Horton acknowledged the City Council has several concerns, one of which
is the "Letter of Agreement". Language in the proposed agreement, at this point,
states that the City will provide a guarantee, such as a "letter of credit". She
believes when the final analysis is complete and the City's Bond Counsel has
advised the City, some other financing mechanism may be used. She
emphasized this document will get the City to the next set of detailed documents.
If Council members are looking for all of the details in the proposed document,
they will not find it. She will bring back the level of detail at various time frames,
i.e. six months from now when the Commercial Group obtains their Letter of
Equity for financing, etc. Another area of Council concern was the termination
rights in the event the Commercial Group does not perform. There is an
additional paragraph that states: "Notwithstanding any other provisions of this
paragraph E, if pursuant to the terms of Bremerton Municipal Code 721.02.520,
the Preliminary P.U.D approval is terminated prior to the City .qrantin.q a final
P.UD. approval or if the final P.U.D. approval is terminated, in either case
because the Master Developer has failed to meet the proiect deadlines
established by such section of the code, for any reason, whether or not within the
control of the Master Developer or otherwise excused, all of the Master
Developer's riqhts to the P.U.D. and project permits and all of the Master
Developer ri.qhts and obli.qations under this agreement, other than those relating
to the Commuter Retail building may be terminated, revoked or canceled by
mutual a.qreement of the other parties hereto. In such event such riahts will be
transferred to the City." She believes that language gives the City additional
termination timeframes and rights. She noted the City also has those rights
under the P.U.D. process; however, they are to be articulated in this document.
The issue of amenities is another concern voiced by some members of the City
council. She has been asked why mention "amenities" in this agreement. The
reasons are: (a) the developer wants them in as much as the City wants them
included; (b) if amenities are not discussed, then it gives the appearance that
they are not important to the project. Mayor Horton stressed the amenities are
important, but the City will not know what they will be until preliminary designs
are produced. Language in the subject document states that by mutual consent
between the Commercial Group and the City of Bremerton, there will be joint
agreement on the amenities. That level of detail will be forwarded to the City
council in future documents. Mayor Horton received a letter from a Diamond
Parking Inc., representative, expressing his belief that the proposed agreement is
TAPES #1520, 1521, ,~22
City Council Reg. Mtg. Minutes
January 28, 1998
Page 7 of 26
a good deal for the City of Bremerton. The goal of the proposed agreement is
that the City is put into a position of little or ideally no risk. She believes that goal
is being met and other than giving a guarantee for incremental taxation, the City
is not promising full faith and credit in any regard to this project, only
guaranteeing 60% of the revenue stream plus the net parking revenues to pay for
the parking structure.
Rich Rucker, Partner Commercial Group, stated there is an age-old adage in
real estate... location, location, location. He believes Sinclair Landing Project is
location. timing, and perseverance. He questioned where can you find a
developable urban piece of real estate of significant size with 1400 lineal feet of
waterfront next to a ferry terminal that brings 2 million people, combined
passenger and ferry, per year? Other ferry locations in the State of Washington
do not have what Bremerton has in terms of its ability to develop. In other words,
we have no competition for our proposed destination location. We have the
opportunity to create this destination location with public amenities added to the
existing public amenities, starting with the boardwalk. The City has created this
opportunity with the road improvement project, the boardwalk, and the ongoing
efforts by the City to affect this public/private partnership over the past two years.
In his travels promoting the Sinclair landing project and talking to users,
investors, and funding sources, he has come up with a phrase that this is a
"fabulous piece of real estate". All of the people that he has introduced to this
project agree.
The second part is timing. Bremerton Transportation Center (BCT) is about to
get underway through the efforts of Richard Hayes, Executive Director Kitsap
Transit. The Washington State Ferry System will be providing new ferry docks,
terminal, and a state of the art Transit Center, which he has always considered to
be Phase I of the development. In April 1998, Bremerton will be getting a new
fast passenger-only ferry. He firmly believes that when people ride that new ferry
between Seattle and Bremerton they will believe in Bremerton. The Seattle
market is on fire and the five hottest cities in the nation are Las Vegas, Boston,
Denver, Orlando, and Seattle; and Bremerton benefits from Seattle. The idea
has always been to appeal to the Seattle market. He read recently that Pierce
County had 37,000 new jobs planned by the year 2001. When consultants from
the outlet industry visited this area, they commented that one million people in
Pierce County would come to the outlet component through the road system, not
the ferry system. Two years ago he could not have gotten a retailer, user,
tenant, or lender to consider coming into an urban area because they wanted to
be in the suburbs. Retail centers in downtowns are becoming strong across the
United States. include the City of Seattle.
The outlet business has been down the last few years; however, recently there
has been a resurgence, and there are only nine new projects currently being
TAPES #1520, 1521, ~022
City Council Reg. Mtg. Minutes
January 28, 1998
Page 8 of 26
planned across the United States. Tenants are very interested in the Seattle
markets and there is no high-end outlet development planned for the northwest,
so the timing for an outlet component in Bremerton is perfect. He pointed out the
build out of Silverdale and the lack of land for expansion of that business area. If
users are interested in the Kitsap County market, there are few places for them
to locate other than Sinclair Landing.
Availability of financing, from a timing standpoint, in general is looking at real
estate. The fact that the stock market has kind of languished, the lenders he
talked with consider the Sinclair Landing Project of great interest because of its
size, its location in the northwest, and will consist of mixed uses.
In regard to the perseverance of the Sinclair Landing Project, there are many
positive signs even though it will be a complex project. He emphasized the
importance of working together and sticking together. The recent loss of 75,000
square feet of Navy leased space reminds us of the difficulty we face. In the
three years of molding the Sinclair Landing development program, he has heard
comments from local Kitsap County people questioning "why are you doing this"
to "how is it going" and most recently "your right, Sinclair Landing is going to
happen". One of his most difficult tasks to date has been overcoming our own
community's lack of confidence in Bremerton. The Commercial Group is
committed to building their first building, the Commuter Retail building, and
having it open by December 1998. Any delays, even a week, potentially
jeopardizes that event. He proposed burying forever the thought "it won't work in
Bremerton". He further proposes that Council considers approving the Master
Development Agreement and working together as partners in meeting the market
place.
Richard Haves, Executive Director Kitsap Transit, stated Kitsap Transit has
worked extensively with the Commercial Group over the last 3-4 weeks and he
believes the transit elements of the package are very favorable to the community.
Their efforts focus on purchasing perpetual pedestrian easements through the
entire development, perpetual access to kiss-and-ride locations, and perpetual
maintenance and security for those areas, which will cost a substantial amount,
but it will be appraisal based. The development program and the review process
by the agencies and Sinclair Landing Association remains essentially the same
as it has always been and they are asking, at this moment, that the design review
process be commissioned to start along side the substantial Shoreline
Development process. As of a week ago, they resubmitted the SSDP application
on the Transit System's behalf for the BCT portion of the project.
Kitsap Transit also feels that delays are a serious problem and every month
costs the Transit System approximately $10,000, which can cause the building to
shrink in size.
TAPES #1520, 1521, , ,~22
City Council Reg. Mtg. Minutes
January 28, 1998
Page 9 of 26
He believes the interagency coordination is nearly finished. There is a
Memorandum of Understanding with the Washington State Ferry System and the
other governmental entities. He would like to see this process move forward as
quickly as possible. Transit is anxious to deliver the pad for the Transportation
Center to the Commercial Group so that construction can start the minute the
"fish window" opens.
Gary Gartin, President of Sinclair Landing Association (SLA), stated his board is
scheduled to meet on February 6, 1998, to discuss the subject agreement. They
have been actively involved in its development, and he acknowledged the
admirable efforts of Mayor Horton and the developers in working through this
process. He noted downtown is in a very unique situation with a high tech
factory facility, fast passenger only ferries coming in as well as car/passenger
ferries, office users, retail users and more to come with this project. One of the
things that drives this project and creates the problems identified by the Mayor is
that there must be a major parking garage to support this kind of project. SLA
has been very concerned about how to put time limits on the project and
language has been included that will put some "caps" on the process as
identified under the Bremerton Municipal Code. Over the last several days, there
has been a variety of changes in the document that they have not reviewed and
there still may be some questions by the time of the SLA Board's February 6th
meeting. They also hope that in a very short time frame all this can be done and
the developers and Kitsap County can get working on the project.
Mayor Horton announced several exhibits were available to handout to Council,
including a large map provided by Kitsap Transit, which will be part of the
attachments. Richard Hayes, Director of Kitsap Transit, stated this map speaks
to the boundaries of the transportation Center project and ultimate ownership and
easements. It is also a very crucial part of the Memorandum of Understanding
Agreement with the Washington State Ferry System because the State
Department of Transportation has very strict rules about disposing of, swapping
or buying State right-of-way.
Mr. Law thanked Mayor Horton for answering several questions he posed to her
early today. Like everyone else, he wants to see the proposed development
completed so that the increased tax base can raise the living standards for
everyone in Bremerton. In reviewing the document, he could not find the
changes that Council requested a week ago incorporated into the document that
was provided in the Agenda packet, nor were there any attachments. He was
concerned that Council did not have an opportunity to review them nor did it give
the public the opportunity to review them in order to give input. He respects the
public's judgement and he was interested in having educated input from the
public. The proposition being presented to Council is probably the greatest
TAPES #1520, 1521, . -~22
City Council Reg. Mtg. Minutes
January 28, 1998
Page 10 of 26
financial obligation that any Bremerton elected official has ever faced. The
Mayor is to be commended for the amount of effort she has put into this project.
Later, he will ask the Council to delay voting on this item. He also had additional
questions about any changes to the language addressing a "letter of credit" and
preferred delaying Council action until it can be presented in a more final form.
He raised the following questions: (1) What is the exit strategy should there be a
default, and who is obligated for what? He needs to see to see more guarantees
that the City will not be liable for the $70 million. He noted the Commercial
Group signs off with LLD, which means limited liability, so it is just the amount
they have invested. It is his understanding that the only control the City will have
is the building permitting per zones. (2) SLA relationship - what will the City
receive for the $1000.00 per month contribution for one year; and what will the
City receive for the $500.00 per month the following year? (3) Is SLA managing
or advising?
Mr. Reed thanked Mayor Horton, Mr. Rucker, Mr. Hayes, SLA Board, and Port of
Bremerton for venturing into this project with the City. On the big picture he is
very supportive and that it is a great endeavor. He understands all of the prior
speakers' points. He is not concerned about what the City will be paying as a
City, but what it is getting in return. He also has concern over some liability
issues. He agreed with Mr. Law that it is difficult to sit and listen and then sign up
to the largest financial project in the City's history that he is aware of and not
even have time to study the information that has been handed to the Council. He
was not sure if a small delay would affect the project as drastically as one might
presume.
Mr. McConnell stated it appears that the Roosevelt Field Fund will go away as
soon as the parking garage is constructed; however, he would like to see that
fund continue. The new language put into the agreement addressing the "line of
credit" did not alleviate his fears about what the City was obligating itself for
under that term. He also noted the agreement did not specifically state the
number of parking stalls to be built for the identified cost. He calculated that the
cost of the garage would be greater than $28 million, if the developer also gets
the net revenue from the parking stalls over a 25-year period. He could support
that cost as long as the City does not have the liability to "pick up the tab", if the
developer defaults.
Mr. Montgomery stated he has heard all the critics in the City; however, there is
only one developer stepping forward. He questioned where are all the experts
and who are they coming up for a developer? Who, in the public, has a better
idea than what is proposed? A member of the public told him that the City should
wait until the new ferries are in place and bringing people from Seattle to
Bremerton to build up the waterfront. He questioned how many of us would be
TAPES #1520, 1521, ,.~22
City Council Reg. Mtg. Minutes
January 28, 1998
Page 11 of 26
around when something like that happens? He emphasized this project needs to
happen now, it will not fail because its time has come.
Mr. Overson asked for an explanation why there was any discussion of
guarantees or "letter of credit" in the document? Because the City promised the
developer sufficient income off of the sale of the garage, there should not be any
need to mention any "letter of credit". In his opinion, the second part of
Paragraph D3 is different than the guarantee identified in the first part of that
paragraph.
Mr. Shepherd stated when he ran for office there was a public concern that the
change in Council could serious affect the progress of the Sinclair Landing
development. Not taking such charges lightly, he studied historical Sinclair
Landing documents, the current information, and personally talked with several
members of the Sinclair Land Association and City staff. His two remaining
questions are: (1) language requiring activity by the Sinclair Landing Association;
(2) the exact nature of the subject document...whether it is a contract to perform
or a framework to progress to an actual contract. He noted Mayor Horton
previously answered question #(1). He emphasized he would not delay the
Sinclair Landing development unless there was good cause.
President Farr asked the following questions: (1) Time limits established for
performance by the P.U.D. (time limits on when progression has to take place).
(2) What would be the fallacy of adding a specific minimum dollar amount for the
amenities? (3) Any impact on this project if Council delayed 1-2 weeks before
taking formal action on this item at this time? (4) More specific comments from
Mr. Gratin, who represents Sinclair Landing Association, about their concerns. In
addition, whether or not he was satisfied with the milestones that will be in the
P.U.D.? (5) Paragraph 11A says 90 days from signing developer will provide a
list of features and recommendations - Questions: is there any possibility of
adding language to state that if after 90 days from signing this agreement
information is not forthcoming that it can be a milestone rather than just pushing
it off into the future?
Mr. Reed stated he might be misinterpreting the subject agreement as to its
scope and intent. However, he questioned if it is not a continuous binding
contract, at what point does it become null or non-enforceable because a new
agreement has taken its place?
Mr. Montgomery stated it was his observation that Exhibit B showed a P.U.D.
boundary that was different from what was previously presented. It was his
understanding that it only went down 4th Street from Pacific Avenue to Park
Avenue.
TAPES #1520, 1521, , ,~22
City Council Rag. Mtg. Minutes
January 28, 1998
Page 12 of 26
Virgin Elkington, Bremerton resident, stated he would soon open two
businesses on Burwell Street, which he financed himself. Just recently, he
learned that the area (buildings) where his two businesses are located have been
marked for termination as part of the Sinclair Landing Project. He did not like
that situation considering the fact that he obtained his own financing and now
must compete against the city. He wanted to know if his area is eliminated, how
will the City go against recalcitrant business owners like him or people that own
property in the development area that do not want to sell out? He agreed with
Councilman Law that this agreement was being rammed through without giving
the public the opportunity to study the documents.
TAPE #1521
Mr. Shepherd asked Mr. Rucker to explain, at the time the questions are
answered, the intention for businesses that are going to be addressed and
incorporated into the master development. He was excited about Mr. Elkington
opening a Bagel Factory in Bremerton.
Ross Allanson, City Manager/Diamond Parking Inc., thanked Mayor Horton,
Randy McGreal, and Rich Rucker for their hard work on this project. About 2 %
years ago he came to Bremerton to work for Diamond Parking and was very
excited to get in on the ground floor of the project. When he shared news about
the project with John Diamond his comment was that Bremerton had been trying
since 1972 to get redevelopment underway and to let him know when the
bulldozers show up. Mr. Allanson acknowledged the difficult negotiations to get
to this point and he believes it is a great document for the City in that it lays out a
framework that is a "win-win" situation through parthating with a developer that
will be taking the majority of the risk. His interpretation of the "letter of credit"
addressed in the agreement is just telling a bank that 10-15 years from now the
City would not have changed the rules or reassigned the revenues.
Amie Morrison, Deputy District Director for Congressman Norm Dicks, read the
following letter into the record: "Dear Mayor Horton and City Council Members, I
apologize that I am unable to join you this evening to discuss the future of
Sinclair Landing. However, as you know we have just begun the second part of
the 105th Congressional Session. I have always been supportive of the
revitalization of downtown Bremerton. I have worked with many of you to make
the Admiral Theatre and multimodel transportation center in Bremerton a reality.
The Sinclair Landing project also has my complete support. My parents speak
often of the days when Bremerton was a thriving, growing community, which can
be our reality if we diversify our local economy. Tonight we can agree that the
success of the Sinclair Landing project is essential to Bremerton's future. Best of
luck to you this evening. Sincerely Norm Dicks".
TAPES #1520, 1521, io22
City Council Reg. Mtg. Minutes
January 28, 1998
Page 13 of 26
Steve Anderson, Executive Assistant to the Puget Sound Shipyard Commander,
stated he would comment on two aspects of the proposed project that are very
positive. In making those comments, he had also spoken with the Naval Base
Seattle staff, Admiral Centers staff, who have additional comments to pass onto
the City. First of all, this is very positive for the Navy's quality of life for the
sailors; something that has suffered greatly in Bremerton as the downtown has
turned into its current state. The only place to go in Kitsap County is outside of
Bremerton or Silverdale. This project provides an opportunity to provide quality
entertainment and establishments for sailors as well as their civilian workforce
(9,000) in the downtown area, i.e., restaurants, shopping opportunities, etc.
Secondly, this plan plays very well into the desire of the Shipyard to continue to
turn itself into a facility that looks better from the outside. You have seen that in
the development at the west end of the Shipyard (new parking garage and
decorative fenced area). This plan gives the Navy the opportunity to build a new
fence line in downtown Bremerton, the ability to put up something that meets
their security requirements but is more attractive than a chain link fence. The
exact design for that fencing is not known at this time, but it will be different than
that used at the west end of the Shipyard. It pleased him to announced that
arrangements have been made so that the small parcel of land, about 6/10 of an
acre, and the building that houses the shipyard Police Department can be turned
over at no fee.
Rob Schneidler, Chairman of the Economic Development Council of Kitsap
County (EDC), stated the City has already approved the Preliminary P.U.D. and
in that P.U.D. the size of the project has been defined, including the size of the
proposed garage. As much as everyone would like someone like Paul Allen to
throw around a couple of checks and start construction tomorrow. The Master
Development Agreement represents the greatest opportunity for the renovation
of the central business district since WWII. The Master Development
Agreement, which involves the Sinclair Landing project and the Bremerton
Transportation Center, creates the public/private partnership where public has
more input and a stronger voice than a standard private development process.
This project meets the EDC's goals for creating economic vitality. It shares the
tax burden and it is projected the City of Bremerton will receive $800,000
annually in new tax revenue once the Sinclair Landing project is open. It creates
family wage jobs through clean industry. The Sinclair Landing project will create
2,000 new permanent jobs and during construction will create 300 family wage
jobs in Bremerton. It will be a catalyst to further development and revitalization of
Bremerton. Therefore, on the basis that this agreement meets the general goals
of the EDC, he encouraged Council's endorsement of the Commercial Group and
the Master Development Agreement to develop Sinclair Landing and the
Transportation Center. Finally, while this decision is the greatest dollar decision
this City Council may make, fortunately it does not involve City dollars.
TAPES #1520, 1521, .022
City Council Reg. Mtg. Minutes
January 28, 1998
Page 14 of 26
Unfortunately, it may be our last chance to make a decision. He encouraged a
positive vote approving the subject document at this time..
Jim Hamner, President Bremerton Area Changer of Commerce, stated his
purpose for being before the council was to urge their timely approval of the
Master Development Agreement. He stressed it is crucial to existing businesses
in the Bremerton area and also to the efforts of the EDC and other organizations
trying to attract new business to this area. He concurred with Councilman
Montgomery that we need to get moving on this project. His prior experience as
a financial advisory and an officer in a corporation that had sales in the amount of
$800 million, involved approving capital expenditures in the millions of dollars. In
both those situations, people wanted a perfect situation without any risk, but
there are no perfect deals. He believes the City Council is responsible to find a
way to approve this project, minimize the risk, and get on with the task.
Grant Alexander, Secretary Olympic Peninsula Building and Construction Trade
Council, stated the organization he represents has been housed in Kitsap County
for a great number of years and represents approximately 16 trade unions and
over 1,000 members. As a life long resident of Kitsap County, he has viewed the
ups and downs Bremerton has faced in trying to revitalize the downtown. He
encouraged Council to move forward with this project. The Union Trust Funds
are very interested in this project and are working closely with the Commercial
Group to put together packages that will be suitable for the needs of this project.
Gerry Gossett-Paret, Bremerton resident, stated she supports Sinclair Landing.
Bremerton awakened and roused to its early glory during the war years. We
bought War Bonds, urged on by visiting starlets and dignitaries. Now, we are
again afforded the opportunity to buy "War Bonds" to fight the decay and
indolence of a tired City; down on its luck, empty buildings, eroded tax base and
stiff competition by our surrounding neighborhoods. We can buy into Sinclair
Landing. It too will be an investment that bears big dividends. We'll never see
the Bremerton that many of the major landholders knew as youngsters. Those
days are gone forever. We do have the chance to grab the brass ring of
innovative thinking and harness the energies of young men. who have better
ideas than anyone else has been able to produce to date. We can pick this
project to a slow miserable and painful death or we can quit our griping and get
on with a positive cooperative approach to eradicate 40 years of decline. The
time has arrived to put an end to the grandstanding and divisiveness. Let's get
on to the big issue. Opportunity is knocking...will we open the door?
Grant Griffin, Executive Director, Kitsap Peninsular Visitor & Convention Bureau
(KPVCB), provided a letter from the President of his organization in support of
the Sinclair Landing effort. Mr. Griffin stressed the importance of tourism to the
Bremerton area and if the project is completed, it will add significantly to the tax
TAPES #1520, 1521, ~22
City Council Reg. Mtg. Minutes
January 28, 1998
Page 15 of 26
base. Over one half of the tax money collected in tourism in the County is
accumulated from accommodations, restaurants and retail expenditures. In
addition, that half represents in the County level very close to $150 million per
year. This project would give the KPVCB an additional tool to sell to the Seattle
or tri-county market (Snohomish/King/Pierce Counties). He emphasized his
organization is focusing advertising dollars in those areas to attract people over
to this area.
Elizabeth Buell, Bremerton resident, asked where is all the money coming from
and will the City go back to the taxpayers for more money?
Joe Mentor, Developer, stated in his brief review of the Master Development
Agreement he found it to be a complicated agreement. He questioned who is the
Master Developer... is it an individual, corporation, etc.? He questioned the
requirement for a Collateral Agreement along with the subject agreement? He
does not believe a parking garage should be built on the west side of Washington
Avenue. He envisioned a 2,400 parking stall garage as being larger and more
imposing that the Navy's garage on Callow Avenue. He also believes it will
create a traffic-congested area when people use the parking garage. He
questioned why doesn't the City build the garage itself and put it out to bid. In
regard to the "kiss-and-ride" drop off, at first it was to be located at 2nd Street and
Pacific Avenue, but was moved to 2nd Street and Washington Avenue; however
the agreement states it can be within 300 yards, which places it closer to 4th
Street. He believes the Bremerton Transportation Center should be built for the
public's use, not just those that ride the buses. And, it should be under the
control of the City of Bremerton, not turned over to the Transit Authority. He was
not sure if the Port of Bremerton was part of this agreement; however, the
agreement calls for the Port to turn over their facilities to be managed and
operated by the Master Developer. He also did not understand the meaning of
the "letter of credit" and if it was taken out of the agreement how it would affect
the developer's ability to obtain financing. He pointed out Exhibit D was
referenced in the agreement, but was not attached. Per the agreement, Kitsap
Transit is to pay the developer $600,000 for easements. He did not understand
why Transit would pay the developer that amount of money. It appears that the
Master Developer will manage the parking garage forever since there is no
termination period identified. He believes the City should manage the garage
themselves. He questioned who is paying for lost revenue if the garage doesn't
pay out? He recommended the City Council have the City Attorney review the
agreement to determine the advantages and disadvantages for the City.
President Farr pointed out for the public's benefit, the City Council has met on a
regular basis for Study Sessions that were open to the public, and Executive
Sessions that were not open to the public, to discuss this agreement and other
drafts going on for months into years. This agreement is something that the
TAPES #1520, 1521, ic~22
City Council Reg. Mtg. Minutes
January 28, 1998
Page 16 of 26
Council members have seen before and at the conclusion of an Executive
Session last week, a very small number of items were left to be resolved or
answered. The document lists eight Exhibits, many of which have been available
to Council for review for quite some time. He stressed the City Council takes this
issue very seriously and advised the Administration to bring the agreement back
to them when it was in a form that was more complete and in line with what the
City wanted, not in bits and pieces. He personally respects the efforts of the
Sinclair Landing Board of Directors and he has shared some of his concorns over
the agreement with them. He expects most of those concerns will be addressed
later in this meeting.
Mr. Law pointed out Mr. Allanson, representing Diamond parking, made a
comment that would replace using the words "line of credit", and instead
provide a guarantee of the tax monies. Mayor Horton stressed the fact that the
agreement already states the purchase price and timeframe of the "letter of
credit", if one was used. Mr. Law stated he would like the opinion of a financial
expert or unbiased attorney that the language states the City is only obligated to
pay the difference in taxes and not going to be hit with a bill for $50-60 million for
the garage.
Mr. Reed thanked the professional articulate input from the citizens, which he
found to be very enlightening. He agreed with Mr. McConnell that with a few
refinements to the agreement it could be approved by the City Council. He
believes part of the 40-year decline in the City of Bremerton was because some
bad decisions were made. This Council is trying to make an enlightened,
educated, and professional decision.
Ms. Malanca stated she would respond to the question whether or not this is a
contract and if it is, why isn't there more in it at this point in time. She equated it
to an intent to enter into a lease. We have an agreement to agree on occasions
- a framework that does not stand alone. We sign the intent to enter into a
lease. We are obligated and that is a contract, but again it does not stand alone
and it is not until you enter into the lease with all the details. She emphasized
there will be some overlapping with the Master Development Agreement because
it does not stand alone and more contracts will be coming before the City Council
for approval that will fill in all of those details. This is a "first step" and a
framework, but what comes after will be subject to Council approval, except for
some of the more minor approvals that are set forth in the plan before Council at
this time.
Mr. Hayes handed out a document and explained it speaks to several questions
raised by Mr. Mentor. A question was raised "why is the Transit System involved
in this project"? In response, there are two reasons: (1) It was the Transit
System and the City, specifically he and Don Pratt, former Community
TAPES #1520, 1521, ,722
City Council Reg. Mtg. Minutes
January 28, 1998
Page 17 of 26
Development Director, who put the RFP together. (2) The Transit System raised
almost $20 million in grant funds to put the Bremerton Transportation Center
together, and they have a pretty substantial responsibility to ensure that the
money is spent wisely and for the intended purpose. That speaks to why the
Bremerton Transit Center (BCT) is on Transit and demand management because
that is the kind of money transit systems are suppose to get and can obtain. In
most cases, the arrangements they have made would in fact be arrangements
required by the funding sources.
In answer to the question why transit, there are court cases going on at this time
where major mall developers have refused access to transit buses and transit
patrons in mall style developments. This development will have some of those
same legal characteristics in terms of some pieces that we might think of as
public property now going into private ownership as part payment. Kitsap Transit
is insuring that at all times even if it is sold to another party, transit patrons will
have easy and high quality access through this development. Their anticipations
are that these easements, particularly because they contain professional
maintenance and security, will have a value far in excess of what they have
proposed for payment. In addition, there are protections for the Transit System
at every step in the payment process, including their winding up with the partial
P.U.D. rights to the Commuter Retail Building, if the developer does not go
forward with construction. He and the Transit system's attorney believe the
Transit System is well protected in regard to the subject easements. One of the
court cases is in Vancouver, Washington between the local transit system and a
major Mall.
In regard to the location of the "kiss-and-ride" drop off point, the policy basis is
that the bus passengers should have preference. They looked at a site in the
vicinity Of 2nd and Washington and the 300 yards from the terminal essentially
draws a line from the door of the terminal around that just about coincides with
the distance that 2nd and Washington is away from the terminal. They have also
proposed that it be a level walk and to the extent possible covered. In addition,
there will be access for the disabled to the lower level where their own Access
buses pick up and drop off passengers. That area will be managed because it
could be easily abused.
In regard to the review process for the development program, the 90-day period
for them to bring forward their entire program will speak to the configuration of
the minimum of 300,000 square feet of commercial and retail space, plazas, view
corridors, etc., that the easements are over. He believes all of the parties are
well protected in those areas as well. He gave his assurance that process will
work the way it is suppose to, which should also include design review,
TAPES #1520, 1521, .022
City Council Reg. Mtg. Minutes
January 28, 1998
Page 18 of 26
The role of Sinclair Landing Association will be reduced substantially and makes
it more advisory. SLA's lenders are asking, if not requiring, the same reduced
status as is being proposed in the subject agreement.
Mr. McConnell referenced the section of the agreement addressing "kiss-and-
ride" under protections and conditions #2 Alternative site west portion of PSNS
purchase available in the event of default. He questioned what default? Mr.
Hayes stated if TCG defaults even in the short run they have a parcel that
Transit will own where they could locate a good quality "kiss-and-ride", which
also meets the 300 yards requirement.
Mr. Law stated the P.U.D. for the Transportation Center comes under the Transit
System right-a-way and the P.U.D. for the entire project goes to Kitsap Transit in
the event of the agreement default. He asked for clarification of the P.U.D. Mr.
Hayes stated it is the rights to a particular version of development. Actually, it
could also come to the City. What he and Mr. Pratt were trying to assure
themselves was that their easement rights did not expire in the event this
particular development project failed because money would have been spent on
them. Mr. Law asked if there was any reason why that P.U.D. could not be under
the City of Bremerton? Mayor Horton stated Mr. McGreal would be handing out
language to the City Council stating that it would go to the City and that the City
could hand off portions of the P.U.D. to Kitsap Transit. She felt strongly that the
City should be the master holder of the P.U.D. in a default.
Mr. Reed acknowledged that the Iooseness of the language does not specifically
define the amenities the City will be getting. And, the financial guarantee of the
parking funds is understandable, but why is it being guaranteed by a "letter of
credit". He assumed that concern would be addressed soon. The scope and
intent of the agreement is clearer after Ms. Malanca's explanation; however, he
questioned if the agreement becomes null and void due to the acceptance of a
new agreement? Ms. Malanca explained pads of the agreement could survive
and depends on what specifics come in following agreements. What is not
replaced could survive to the end of the project. Mr. Reed stated if his and his
fellow Council members' concerns can be answered during this meeting, he
could support approving this item now and not delay making a decision. '
Randy McGreal, member of the Commercial Group, stated in response to
Council President Farr's question regarding time limits to TCG's performance, a
new Paragraph 5 will be added to Section VIII as follows: "Notwithstanding any
other provisions of this Paragraph E, if pursuant to the terms of Bremerton
Municipal Code 21.02.520, the Preliminary P.U.D. approval is terminated prior to
the City Granting a Final P.U.D. approval or if the Final P.U.D. approval is
terminated, in either case because the Master Developer has failed to meet the
proiect deadlines established by such section of the Code, for any reason,
TAPES #1520, 1521, ~522
City Council Reg. Mtg. Minutes
January 28, 1998
Page 19 of 26
whether or not within the control of Master Developer or otherwise excused, all of
Master Developer's rights to the P.UD. and project permits and all of the Master
Developer's rights and obligations under this Agreement, other than those
relating to the Commuter Retail Building, may be terminated, revoked, or
canceled by mutual agreement of the other parties hereto. In such event such
riqhts shall be transferred to the City." Mr. McGreal quoted from BMC
721.02.520 where it states an applicant has two years from the time that the
P.U.D. is issued. The P.U.D. for this project was issued in April of 1997, so the
Preliminary P.U.D. will expire April 1999. At that time, if the applicant has made
substantial progress, but not prepared to submit a final plan, the applicant can
come before the City Council and ask for a one time one-year extension. The
intent of the 2-year Preliminary P.U.D. is to give the applicant time to prepare
plans and drawings, submit them to the City, and proceed through the process to
obtain Building Permits and begin construction. That second step is called the
Final Plan P.U.D. The applicant has two years once the Final Plan is submitted
to the Planning Department to begin construction. Again, if the applicant has not
begun construction within that 2-year period, the applicant can come before the
City Council and request a one time 1-year extension. He emphasized those are
the time limits that constrain the Commercial Group.
Mr. Montgomery questioned if he understood correctly that the applicant would
have two 2-year periods? Mr. McGreal stated for a large project it takes about
that long to develop plans and documentation to submit for final Building Permits.
A project of this size may take the City 6-9 months to review the plans and then
start and stage construction. He believes the B.M.C. is written to give the
developer about a year's grace period to start the construction.
Mr. McGreal stated in answer to Mr. Reed's questions about the character of this
initial agreement, which the City Attorney described as a "framework agreement",
the next agreement is an Implementation Agreement. That agreement has the
detail information about the "letter of credit", if required. This series of agreement
is set up to allow them, over the next 90 days, to develop a development
program and then come back to the Sinclair Landing Association for their review
and 30 days come before the City Council for review. At that time, elements of
the project will be refined, particularly the public amenities, cost of the parking
garage and public amenities, and further refine estimates of tax revenue
increases. This is negotiation where representatives of the City, financial lender,
Commercial Group, and Construction Estimator will work together to come up
with a proposal that can be agreed upon by the represented parties. Mr. Law
stated the proposed new Paragraph 5 of Section VIII states the agreement may
be terminated, revoked, or canceled by mutual agreement of the other parties
hereto. He questioned who are the "parties" identified in that statement? Mr.
McGreal stated the force of the Bremerton Municipal Codes would terminate the
developer's rights. The rights of the various parties and those the developer may
TAPES #1520, 1521, ,a22
City Council Reg. Mtg. Minutes
January 28, 1998
Page 20 of 26
have with another party to the agreement, such as the Port of Bremerton in
developing a marina in concert with the Port of Bremerton, would also be
terminated at the same time as the developers rights under the P.U.D. Mr. Law
questioned if Sinclair Landing Association's approval would be required if the City
felt the agreement had to be terminated? Mr. McGreal stated if the Master
Developer has not submitted a Final Plan by April of 1999, and of they did not
come before the City Council to request a l-year extension, then by law the
developer's rights to the P.U.D. will have been terminated. The developer will
still have an agreement with the Port of Bremerton and have some contractual
obligations. However, what this states is all those other obligations that are not
terminated by the B.M.C will be terminated. Mr. Montqomerv read B.M.C
21.02.520 substantiating Mr. McGreal's statement regarding the limitations within
that code.
Mayor Horton stated in response to the question about the location of the
parking garage and the number of stalls, it will be an underground garage with
portions of it along the waterfront under the buildings. For the most part the
parking will not be visible from Washington Street or the waterfront. At this point,
2,400 parking stalls are being considered, which is delineated within the P.U.D.
in a range that could go up to 2,900, but the final number is subject to
negotiations. In response to Mr. Mentor's question - why the City did not go out
to bid for the garage, is one that he articulated about risk. If the City bids such a
project, then the City must finance it through a bond and carry the liability. The
intention of who will operate the structure will be for the life of the parking
revenues that go into the purchase price (25-years), unless something different is
negotiated. A questioned was asked if a default occurred, who is obligated to
what. If there is a default on the private portions, the Commercial Group is liable
for what they committed to. If there is a default, the City will be liable for the 60%
incremental taxation and the net parking revenues. That is the end of the City's
obligation. Mr. Mentor also asked why didn't the City own the Transportation
Center and her response was the Department of Transportation and Washington
State Ferries would not accept such an arrangement. Kitsap Transit has worked
in partnership with those two entities. She reminded everyone that the Transit
Board of Directors is made up of elected officials from around Kitsap County and
three of them are elected officials from the City of Bremerton. In regard to the
question regarding the Roosevelt Field Replacement Fund, that is a separate
issue and if Council chooses to have a portion of the 40% incremental taxation
delineated to go into that fund, it would be presented in a follow up document for
Council approval. Lastly, in addressing Council's concern about using the term
"letter of credit", the following language is proposed: "The City will provide the
Master Developer with a .quarantee that the revenues provided for payment as
set forth above, will be paid and at such times as aclreed to between the parties.
The City's financial obliaation is subject to City's Bond Counsel verification of the
TAPES #1520, 1521, '1 ~22
City Council Reg. Mtg. Minutes
January 28, 1998
Page 21 of 26
City's authority to Guarantee these funds". Any reference to a "letter of credit" will
be struck from the document.
Rich Rucker stated in response to the questioned posed "who is the Commercial
Group", it is a limited liability company that was formed in the fall of 1996 and is
made up of Randy McGreal (Bainbridge Island), The Rucker Group Inc.,
(Silverdale), Paul Schwindt ( Investor/Portland, Oregon) and OPPI (group of local
Bremerton businessmen), each having 25% in the Commercial Group.
A concern was raised about the treatment of existing businesses in the Sinclair
Landing project. The project is planned to include national and local tenants.
TAPE #1522 - Naturally, the national tenants are the ones that are sought out for
anchors that draw other people to the center. In existing centers, the local
tenants are also very successful and we want them in Sinclair Landing. They will
work to bring local business into this project and if for any reason they are
displaced, they will be assisted in relocating on the periphery of the project that
would hopefully be satisfactory to them. If necessary, the project will fully fund
their move and any loss of business.
In response to the question about any financial impact on a delay, this process
has been made up of one and two week delays. The window of timing doesn't
stay open very long and the opportunity to move on such a project is now. Their
investors are asking why is it taking so long and users are anxious to learn when
the project will start. He believes that any delay whatsoever jeopardizes the
success because now is the time to make it a success.
Mr. Law voiced concern that the Council had the agreement less than a month.
He asked for further detail of the Commercial Group. Mr. Rucker reiterated
Randy McGreal, The Rucker Group Inc., Paul Schwindt, and OPPI. Mr. Law
asked who comprises The Rucker Group Inc and OPPI. Mr. Rucker stated he is
President and Vice President of his organization and OPPI is made up of Rick
Leenstra, John Loidhamer, and Fred Makouski.
President Farr asked Gary Gartin, President of SLA, to summarize his
remaining concerns and if the answers provided so far have answered some of
SLA's concerns up to this point. Mr. Gartin restated his board had not reviewed
the agreement that was before the Council and would do so on February 6.
Several SLA members have expressed concerns that were related from the
Financial Committee about financing by the Commercial Group and who made
up that entity. They have tried to tie their concerns on the issue is there an end
in sight. A project of this size is difficult to put together even with the best of
efforts and they were focusing on some of the language that was added during
this meeting to accomplish that kind of action. He used the scenario it was like
dating and getting engaged when the agreement is approved and if all the steps
TAPES #1520, 1521, , ~22
City Council Reg. Mtg. Minutes
January 28, 1998
Page 22 of 26
within that agreement are followed then it proceeds to the point of marriage. Part
of what was added, during this discussion, was a "divorce mechanism" and set
up so that it did not become a costly proposition. Time frames are identified so
that the worst case scenario for building out is 2005, but the developer wants to
move faster than that time frame. The developer is being given the right to
proceed and go forward and make their best effort to accomplish the project and
the City Council has to do that with the confidence that they can succeed. There
has been a lot of persistence, which is necessary to accomplish a project of this
size. He sees two risks, one being no one knows long term economic conditions
and the second is what happens if they get into the project and funding is not
adequate or is withdrawn. He was sure the City wanted assurance of the
Commercial Group's financial stability, which will be confirmed through their
Equity Letter. He believes their efforts are very positive and has a good chance
for success. He emphasized this project has a lot of community support and
there is a lot of support on the SLA Board. The impact of this project will mean
many more dollars to the City than just the 40%. The rest of the downtown won't
stay the way it is once the project is built. The City of Bremerton will change with
people taking more pride in their community and more people wanting to locate
here. Another positive aspect would be the diversification, the image of the City
would change, and more jobs would be created throughout the County. He
acknowledged the City has a big decision to make, but it is also a decision in the
whole County and is the future of our County. The Sinclair Landing Board has
always seen itself as an advisory board and are not in a position to force anyone
to accept advise or opinion and tried to gather together the best opinions and
experts and share that information with others. Generally, he believes the Board
wants to see this go forward and they are as cautious as the City.
Mr. McConnell thanked Mayor Horton, Randy McGreal, Rich Rucker, and
Richard Hayes for patiently hearing them out and answering their questions
without getting upset with the Council.
Mrs. Arends stated Council was provided a lot of interesting information. Prior
to being seated on the Council, she had the opportunity to sit in on meetings and
listen to some of the briefings. A lot of effort and work has gone into this project
and she supports that endeavor. She realizes this action will be the first step and
hoped Council would move ahead with a decision at this time.
.Spencer Horning, SLA Board member, stated he has been part of SLA since it
started. Over the last couple of days SLA board members' fax machines have
been going full speed ahead coupled with telephone conversations in order to
make sure that key questions are answered, which he believes have been
answered. He urged Council to move forward with a vote at this time based on
the answers to their questions and concerns. He guaranteed that the august
body that makes up SLA will talk and may have other issues of very small
TAPES #1520, 1521, , ,~22
City Council Reg. Mtg. Minutes
January 28, 1998
Page 23 of 26
interest. He served as a Bremerton City Councilman for three complete terms
and understands how difficult it is to make a decision that has this long a future
life.
#0516 MISICIU(Montgomery/Arends) Motion to authorize the Mayor to sign the
Master Development Agreement,
9A - ORDINANCE #4622 (SECOND READING) AUTHORIZING THE ISSUE
OF A $1,250,000 TAX ANTICIPATION NOTE AND ACCEPTING THE
PURCHASE OFFER OF SEAFIRST BANK. #AB98-009
Rich Hanna, City Treasurer, handed out three documents to the City Council: (1)
Updated preliminary official statements; (2) updated Bond Ordinance that
included the price; (3) the offer letter based on that pricing from Seafirst Bank.
As mentioned previously, the Tax Anticipation Note is a financing mechanism to
provide liquidity for the General Fund's cash flow. This financing allows the City
to maintain a positive cash balance in the General Fund throughout the year
without carrying over large amounts of tax revenue and diverting them from
delivering services to the public. The notes were priced on January 27, 1998,
and a preliminary marketing resulted in approximately one half of the notes being
sold with a 3.8% coupon. At that point, the bank extended an offer, based on
that amount of sales, to assume the risk of being able to market the balance of
the notes, which was conditioned upon Council's approval of the subject
ordinance. The underwriters discount is 3.5%, which is the same as the past
several years.
Jane Towery, Vice President BancAmerica ROBERTSON STEPHENS,
explained all of the bonds are sold through Seafirst Bank and their local
branches. They made a concerted effort to market the bonds in the local area
and were very successful, which she believes is a vote of confidence in the City
of Bremerton. Approximately $700,000 of the bonds were sold on January 27,
1998, and they committed to the full $1.25 million.
Public comment - none.
Mr. Reed asked if Mr. Hanna was conmfortable with this transaction? Mr.
Hanna stated yes.
(Note: action on this item was taken out of sequence and the discussion was
recorded on TAPE #1521)
#1284 MISICIU(Montgomery/Arends) Motion to pass Ordinance #4622,
authorizing the issuance of $1,250,000 principal amount of tax anticipation notes
for the purpose of paying City expenses pending the receipt of general City
TAPES #1520, 1521, . j22
City Council Reg. Mtg. Minutes
January 28, 1998
Page 24 of 26
taxes; creating a note redemption fund; providing for the sale of those notes to
BancAmerica ROBERTSON STEPHENS of Seattle, Washington.
10-A RESOLUTION #2642 REGARDING RECOVERY OF FEES FOR THE
REMOVAL OF VEGETATION ON THE LISTED PROPERTIES, #AB98-013
Ordinance #4584 declares that it is unlawful and a nuisance to allow, continue or
maintain grass and weeds exceeding twelve (12) inches in height, shrubs, brush,
vines or trees which constitute a fire hazard or provide a harborage for rats,
rodents or horticultural pests, or noxious and poisonous plants. The listed
properties are currently in violation of the ordinance and pursuant to Section 9.14
of the Bremerton Municipal Code, Council is asked to approve the removal of the
nuisance vegetation on the property and collection of the costs incurred by
personal judgemerit against the owner and a lien against the property.
Judy Johnson, Department of Community Development, explained currently the
City is working with six property owners to resolve their problem; however, as of
this date that work has not been completed. She requested Council to approve
the process on the eventuality that the property owners do not move forward with
the clean up effort themselves.
Public comment - none
Mr. Overson questioned if the continued problem with tall grass and weeds
during the winter months was due to global warming? Ms. Johnson stated the
winter has not been cold enough to stop the growth of blackberry bushes and tall
grasses.
Mr. McConnell questioned if one of the properties had blackberry vines growing
up into the trees? Ms. Johnson stated yes, in the front and back yard.
Mr. Reed questioned if he understood correctly that the City was trying to work
with the property owners prior to taking legal action and if every reasonable
attempt been made? Ms. Johnson stated yes. Mr. Reed stated he understands
the intent of the ordinance, but he does not necessary agree with it. However,
the end result does not necessarily build community, rather it divides them with
one neighbor complaining against another, He encourages the City to be
reasonable in their attempt to enforce this ordinance.
(Note: This item was taken out of sequence and the discussion was recorded on
Tape #1521 .)
#'1488 MISICIU(Montgomery/McConnell) Motion to approve Resolution #2642,
ordering the nuisance vegetation on the properties identified by the attached
listing be removed by the City with fees incurred collected as reasonable
TAPES #1520, 1521, ,022
City Council Reg. Mtg. Minutes
January 28, 1998
Page 25 of 26
abatement costs, which shall become a personal judgement against the owner
and a lien against the property.
President Farr thanked the TV camera crew for their services: Robert Neal,
Dave Chivis, Doug Engebretson, Shannon Watson, Kelly Kehoe.
Deputy City clerk Paula Johnston read into the record the following notice from
the public Employment Relations Commission: "The Public Employment
Relations Commission, a State agency, held a legal proceeding in which all
parties were allowed to present evidence and argument. The Commission found
that we committed unfair labor practices in violation of a State Collective
Bargaining Law, and has ordered us to post this notice to our employees.
We will, upon request, provide the Bremerton Patrolmen's Association with
information relevant and needed by that organization to fulfill its responsibilities
as exclusive bargaining representative in collective bargaining and contract
administration.
We will provide the Bremerton Patrolmen's Association with information it
requested on October 5, 1995, concerning the disciplinary records of certain
bargaining unit members.
We will reimburse the Bremerton Patrolmen's Association for attorney's fees
incurred in this matter, because the defense we used in this matter had been
found to be without merit in a previous unfair labor practice proceeding before the
Commission.
We will not, in any manner, interfere with, restrain, or coerce our employees, or
refuse to bargain with their exclusive bargaining representative, in violation of the
Of the Public Employees' Collective Bargaining Act, Chapter 41.56 RCW.
City of Bremerton - signed by Glenna Malanca".
City of Bremerton
PJ/DF/me
Cc: Normal Distribution
FileNault
APPENI ~i
· ' ':':":':':ii:':':':'EMPLOY14ENT RELATIONS COHMI>3.".
THE PUBLIC EMP[~CYMENT RELATIONS COMMISSION, A STATE AGENCY, }!EI.,D
LEGAL pRCCEEDING Ibl WHICH ALL PARTIES WERE ALLOWED TO ERESENT
EVIDENCE AND ARGUMENT. THE COMMISSION FOUND THAT WE COMMITTH:'.}
UNFAIR LABOR PRACTICES; Ibi VIOLATION OE A STATE COLLECTIVE BARGA!~[NG
L~W AND HAS ORDERED US TO POST THIS NOTICE TO OUR EMPLOYEES:
WE WILL, Up,DR request, provide the Bremerton Patrolmen' s Association
with information relevant and needed by that organization to fulfill
its responsibilities as exclusive bargaining representative in
collective bargai:~irig and contract administration.
WE WiLL provide the Bremernon 9atrolmen's Association with informa-
uion it requested on October 5, 1995, concerning the disciplinary
records of certain bargaining unit members.
WE WILL Le~mb:r ~.-' ' he ~remerton Patrolmen' s Association for
&EEcrF:e.,"s fees L:~.:u: :~2'i kr'~ this matter, because' the defense we used
i 7: :hi r~ :'~e~ - :e L b: t ~: --: found to be witboQt,' merit in a prey
WE WILl. N,'T, .-:~ ~::', ..: -t.:-r, interfere with, restrain, or coerce
employee.i:, c:z r-:-tu: '_o !:arqa~n with their exclusive bargaining
z-epresenusuive, in -t. 'aukon of the Public Employees' Collectiv,:'
. f O B 1 DTON
THIS ES AN OFi.'[C:[A[. t. IOT[CE AND MUST NOT BB DEFACED BY AN'fCtlE-
This not~.::;~ murk: :..mair~ po:[~-d for 60 conse,:'t~ive days from the dat:'
~;Os~i. xlg, c~:~Ci mu :i :tOt he .~ t ~qfed, tiefaced, or covered by anV o'.
material. Q,les~ t';~= ,:<,n,-.c~,inq this notice oc compliance with th,2 C,L,'I(:~