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HomeMy WebLinkAbout06/12/96TAPE #1385 UNAPPROVED DRAFT COUNCIL APPROVED JUN 26 1995 CITY COUNCIL MEETING MINUTES JUNE 12, 1996 #0010 #0020 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, June 12, 1996, at 5:30 P.M., with Council President John Law presiding. Council members present were Carlos Montgomery, Sherril Huff-Menees, David Farr, and Richard Neville. Council members Bob Winters, A1 Colvin, Cecil McConnell, and Lon Overson were absent due to their attending the Annual AWC Conference. Also present were City Attorney Ian Sievers and City Clerk Kathleen McCluskey. The meeting opened with the Pledge of Allegiance led by Council President Law and Invocation given by Pastor David Snapper of the Anchor of Hope Christian Reformed Church. CONSENT AGENDA A. Minutes - May 22, 1996 #AB96-120 M/S/C/U(Farr/Neville) to approve 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. M/S/C/U(Huff-Menees/Montgomery) on June 12, 1996, the Council does approve for payment those vouchers included and further described as follows: 198546 through 198714 in the amount of $514,074.89. President Law noted four Council members were absent due to their attending the Annual Association Of Washington Cities Conference, which is being held in Pasco, WA. COUNCIL MEMBER REPORTS Mrs. Huff-Menees congratulated all of the graduating High School seniors in Kitsap County and cautioned them in their celebrations and wished them God speed in their future plans. Mr. Farr commented on The Sun's newspaper article about the Sinclair Landing Project and urged members of the public to take a good look at that article and become familiar with the project. He felt it was about time Bremerton saw some redevelopment activity similar to what has been happening in other parts of the County. TAPE #1385 City Council Reg. Mtg. Minutes June 12, 1996 Page 2 of 15 Mr. Meville reminded everyone of the meeting on June 18, 6:00 - 8:00 P.M., at the Bremerton High School, in the Career Center room, to discuss removing parking on planting strips, which will initially affect the neighborhoods north of llth Street going down Naval Avenue to the water and down llth Street to Chester Avenue to the water as well as Park Avenue. This meeting is open to the general public. He extended congratulations to all the youth who graduated from the Vocational Centers in Kitsap County. He was quite impressed that 477 students graduated from the Skill Center, which means they are getting a step ahead with their vocational plans stepping into the future. He was especially proud of his son being one of those that graduated. Mr. Law reminded everyone of the closure of llth Street from Chester Avenue to Warren Avenue for renovation work. Today's "Sun" newspaper contained an insert that has a valuable section on entertaining children during the summer months. The next District #2 Neighborhood Meeting will be held June 18, 7:00 P.M., at the Senior Center. The subject for that meeting will be whatever the attendees wish to discuss. MAYOR'S REPORT Mayor Lynn Eorton gave special recognition to Richard Goetz, who was leaving the Planning Commission, after serving several years, due to his moving out of the City. She presented Mr. Goetz with a plaque and thanked him for the many hours of dedicated service he gave to the City, especially during development of the new Comprehensive Plan, revisions to the Zoning Ordinance and Development Ordinance. Richard Goetz stated it was his pleasure serving on the Planning Commission over the past four years. However, he felt strongly that it was a job that could not be done without the excellent help emanating from the Planning Department and its very talented staff. Mayor Morton read the following Proclamation: (1) JUNE 14, 1996, as FLAG DAY, which was accepted by Bob Sauter. Mr. Sauter announced a Flag Day ceremony will be held on June 14, 3:00 P.M., on the boardwalk. Mayor Morton reported she recently had the opportunity to visit the City of Boston and while there she walked along the "freedom walk" and viewed the meeting halls where the beginnings of the Revolutionary War took place, Paul Revere's house, and many other historic sites. That experience made her pause and think about the history of our country and acknowledging Flag Day is an extension of that history. PUBLIC RECOGNITION Bob Sauter reported several weeks ago he brought a concern to the Council regarding the transit system not having "EMERGENCY EXIT SIGNS" posted on some buses. He received a response from Kitsap #0505 TAPE #1385 City Council Reg. Mtg. Minutes June 12, 1996 Page 3 of 15 Transit telling him they were rectifying that situation; however, while riding the bus he observed that notification was posted on the back of the drivers seat, which is not visible to the public. Kathleen MoCluskev, City Clerk, announced an item has been added to NEW BUSINESS, Item "7D" Bremerton/Kitsap County DUI Task Force Agreement. 7A - BID AWARD RECOMMENDATION FOR TIMBER SALE 96-1 TO CASCADE POLE, #AB96-121 Per the Public Works & Utilities Sustained Yield Forest Management Program, the above timber sale was prepared and bids called for. Bid tabulation is attached. This sale is a selective harvest of approximately 108 MBF of pole quality timber on approximately 35 acres. Bill McKinney, Forester, stated he would standby for any questions. Public comment - none. Mr. Neville asked Mr. McKinney to explain the purpose of this action? Mr. MoKinney explained this particular timber sale is part of the ongoing revenue program for the Water Utility. The City undertakes an annual cut and the revenue generated from that is put back into the Water Utility to support capital projects and the operations of the Utilities. This is one timber sale that was put together and offered for bid under existing guidelines; and is a selected harvest cut, which means only 10-15 trees will be removed per acre. Mr. Montgomery asked who selected the trees to be removed? Mr. McKinney stated the trees are selected on the basis they are a pole grade tree and have been premarked under his direction. M/S/C/U(Farr/Montgomery) to approve the high bid submitted by Cascade Pole for $76,103.00, and authorize the Mayor to execute the contract per City administrative policies and procedures. 7B - PROFESSIONAL SERVICES AGREEMENT WITH WASHINGTON TIMBERLAND MANAGEMENT, INC. FOR LAMINATED ROOT DISEASE MITIGATION, #AB96-122 Identification of laminated root disease pockets on Water Utility forest lands has been accomplished under an existing Professional Services Agreement for updating the Utility Land Management Plan. Extensive areas throughout the Utility forest have been identified as disease centers. To maintain forest health and recover timber value requires implementing specific silvicultural practices to mitigate the disease and salvage merchantable timber. Washington Timberland Management has extensive experience in this field and it is the opinion of the Forestry Manager that their assistance will TAPE #1385 City Council Reg. Mtg. Minutes June 12, 1996 Page 4 of 15 expedite developing an ongoing program to mitigate this disease as well as provide training for Forestry Division staff. Washington Timberland Management will be compensated by receiving a percentage (10%) of the delivered log price on salvaged timber. Bill McKinney, Forester, stated for clarification the Land Management Plan should be completed by October of 1996. The mitigation for root rot is an off shoot from the Utility Land Management project. He emphasized this action has been discussed with the Advisory Committee and they have given their approval on moving forward to mitigate the disease. It is important that the City address this problem as soon as possible because it can spread to healthy trees from dead timber both standing and on the ground. This time of year is very prone for infestations of insects and when that happens it downgrades wood. If the City does not address some of these priority areas with some of the higher value wood and it sets another season, we'll probably lose a lot of what would have been merchantable timber and is an asset that would not be recovered. Public comment - none. Mr. Meville asked if just infested logs would be removed? Mr. McKinney explained the majority of the trees will be what is already mortality. In order to fully clean up the pockets of disease, which comprises one half acre to three acre small blocks, part of the mitigation will be to clear out the dead trees as well as the closest healthy tree to those infected. Mr. Meville asked if Mr. McKinney was providing training to select personnel? Mr. McKinneV stated he will have a City employee working with the contractor and it is his plan to rotate several people through that process. He also expects to have the Washington State Pathologist inspect the site. He noted the subject firm has extensive experience in working with soil cultural aspects mitigating for the disease. Mr. Neville asked if all of this will fit into the forestry management computer program? Mr. McKinney stated yes. The disease pockets were identified through a process of scanning aerial photographs through a computer program that was developed for the City's Utility Land Management Plan. It has also identified potential disease pockets. They did check a certain percentage of the areas that were designated on the computer generated map, which turned out to be almost 100% accurate. Mr. Farr asked the total number of acres of forest land? Mr. M~Kinney stated the Water Utility owns approximately 8,500 acres. In one section of 640 acres, they identified 50 potential disease centers. In looking at the rest of the ownership that has been scanned through this system, that is probably fairly average of #0872 TAPE #1385 City Council Reg. Mtg. Minutes June 12, 1996 Page 5 of 15 what will be found throughout the entire ownership. Mr. Farr asked how did he become aware that the City had a potential problem? Mr. McKinney stated a forester should know if his forest is sick and this disease is quite noticeable through casual observation. It was known that disease pockets existed, but what they did was to try and systematically identify them. There are several issues involved and generating revenues is probably the last on the list. The first step will be to mitigate for the disease by removing the infected trees. He emphasized if the areas are not treated, it precludes growing Douglas Fir back on those sites. One of the components of the agreement is to reforest those pockets with a resistant Conifer species. Mr. Montgomery asked if Douglas Fir was the only species susceptible to the disease? Mr. McKinneV stated it is the most susceptible and probably 90-95% of the City's forest lands are Douglas Fir, which is fairly typical of the northwest. There are other trees that have varying degrees of susceptibility. Fortunately, there are valuable Conifer species that can be replanted into these area that are either resistant or immune to the disease. M/S/C/U(Montgomery/Neville) to authorize and direct the Mayor to execute a Professional Services Agreement with Washington Timberland Management for mitigation of laminated root disease pockets and salvage of merchantable timber. 7C - PROFESSIONAL SERVICES AGREEMENT WITH HDR ENGINEERING & INTERLOCAL AGREEMENT WITH THE TRACYTON WATER DISTRICT, #AB96-123 The Tracyton Water District is a separate water system for which the City provides water, operation, and maintenance through a contract. The District is responsible for capital planning which has been neglected for many years. They must now complete a Water System Plan in accordance with Department of Health regulations. Since the City provides sources and has much of the documentation for the infrastructure of the Tracyton System, it is practical for the same consultant that wrote the City's plan to performthis task for Tracyton and for the City to coordinate this activity. This ensures the format is compatible with the City's Water Comprehensive Plan. Payment for the consultant will be by Tracyton Water District as outlined in the interlocal agreement. Kathleen Cahall, Water Resources Manager, reported the Tracyton Water District serves approximately 2,000 customers and as mentioned the City of Bremerton has provided operations and maintenance through a contract since the late 1960's. However, the City does not do any capital improvements for the District. The Water District has been required by the Health Department to develop a Water System Plan, which will outline what improvements #1009 TAPE #1385 City Council Reg. Mtg. Minutes June 12, 1996 Page 6 of 15 are needed to bring their system up to standards. The City wants to assist them with this task because the poor condition of the system makes it difficult for the City to do a good job with operations and maintenance. Much of the information needed for the plan was gathered in the City's Comprehensive Plan, which was adopted in 1992. There have been some minor changes to the consultant agreement since the draft agreement was published. The start date has been changed to a later date and some liability language was included, which was agreed to by the consultant and the City. Public comment - none. Mr. Neville asked by moving the start date to a later time will it also move the completion time? Ms. Cahall stated yes, it would move by approximately one month. She noted the July 1 date is the correct start time. Mrs. Huff-Menees questioned the time commitment by City staff that will be required in the development of this plan? Ms. Cahall stated it would be minimal. M/S/C/U(Montgomery/Farr) to approve the contract for professional services; approve the interlocal agreement for Tracyton to pay for these services; and authorize the Mayor to sign, subject to City administrative policies and procedures. 7D - BREMERTON/KITSAP COUNTY DUI TASK FORCE, #AB96-126 By accepting this continuation of the project agreement from WTSC, the Bremerton/Kitsap County DUI Task Force will continue to function in its present capacity. This program provides additional support to the City by means of law enforcement, revenue, and education. Lynn Drake, Traffic Safety Coordinator, stated accepting these funds will complete the second year of a 2-year program. Traffic statistics for 1995 revealed 1,329 traffic stops with 552 citations, 129 DUI arrests with 267 drivers found to be drinking during an emphasis patrols during that time. Currently, in 1996, there have been 402 traffic arrests with 149 citations, 50 DUI arrests with 98 drivers that had been drinking. So far this program has been very successful. During the April Drug and Alcohol Fair at the Kitsap Mall. a survey was taken and resulted in the Kitsap County DUI Task Force being rated third in the County of all the drug and alcohol programs in the County, ranking second to D.A.R.E. and M.A.D.D.. The program will be extended into the high schools providing DUI presentations and Alcohol Safety to the Traffic Safety classes and Business Law classes. In addition, there is a combined effort by all the law enforcement agencies in the #1145 #1223 TAPE #1385 City Council Reg. Mtg. Minutes June 12, 1996 Page 7 of 15 County to provide the "Grim Reaper" program at all the high schools. As part of that program, last week they issued 170 tee shirts to students leaving the parking lots wearing their seat belts and they found 5-7 students not wearing their seat belts at that time. A new program will target the younger children (pre- schools and Head Start programs), which is called "Berry Safety" covering bicycle education and bicycle helmet safety. Public comment - none. Mr. Neville raised a question as to the appropriateness of adding this Agenda item without public notification? Ian Sievers, City Attorney, stated this is an administrative task of the Council in accepting the grant and is not legislation that affects the public. M/S/C/U(Neville/Montgomery) to approve the Washington Traffic Safety Commission Project Agreement, and request the signature of the Mayor. 8A - ORDINANCE NO. 4558 (SECOND READING) TO ESTABLISH L.I.D. #329 FOR PORTIONS OF JENNER AVENUE, #AB96-119 Public comment - none. M/S/C/U(Huff-Menees/Montgomery) to pass Ordinance No. 4558 on second reading ordering the Jenner Avenue Sidewalk Improvement Project all in accordance with Resolution No. 2545 of the City Council, establishing Local Improvement District No. 329, ordering the carrying out of the proposed improvement; and providing that payment for the improvement be made by City funds and special assessments upon the property in the District. 9A - PUBLIC HEARING AND ORDINANCE (FIRST READING) FINAL ASSESSMENT ROLL FOR U.L.I.D. #327, KITSAP LAKE SEWER, #AB96-124 At the City Council meeting on May 15, 1996, the City Council passed Resolution No. 2546 setting June 12, 1996 as the hearing date for the final assessment on Utility Local Improvement District No. 327. Ordinance No. 4450 was passed by City Council on March 16, 1994 establishing U.L.I.D. No. 327. The improvements generally consist of the extension of sanitary sewer on Northlake Way and Kitsap Lake Road. The value of the Final Assessment Roll is $349,243.23. The action before the City Council is a public hearing, during which time the Council will sit as a Board of Equalization for the purpose of considering the Assessment Roll. During the hearing, the Council will consider the objections made and will revise, raise, lower, change, or modify the Assessment Roll or any part thereof, or set aside the Assessment Roll and order the assessment by made my De Novo. Following the hearing, the Council shall TAPE #1385 City Council Reg. Mtg. Minutes June 12, 1996 Page 8 of 15 confirm the Assessment Roll by Ordinance. All persons who desire to object to the Assessment Roll must make their objections in writing and file them with the City Clerk at or prior to the date fixed for the hearing. President Law announced at the end of the staff presentation he will request a motion from Council to continue this hearing until June 19. Anyone present, who wishes to comment on this issue, has the opportunity to give their testimony or they can wait until the June 19th meeting. He asked those testifying to not make the same presentation two weeks in a row. The Council members absent from this meeting, which includes the District #9 Councilman, will be requested to review the proceedings from this Council meeting in order to seated during the discussion on this issue at the June 19 presentation. He will also ask the Council, by a motion, to accept comments from anyone in the public even if they did not submit written comments. President Law asked the "Appearance Of Fairness/Conflict Of Interest" question with all Council members present being seated. Randy Witt, City Engineer, stated prior to getting into the history of this project, he felt it was important to recognize the efforts of Jack Lefcoski for his efforts in working with the residents in the ULID area organizing the U.L.I.D. Furthermore, Jack was their conscious on the project, pushed them on the project and Mr. Witt doubted the project would have become a reality without that kind of effort. Tim Richard, Senior Engineer, provided the following recap of the history on this project: the hearing for formation of the ULID was conducted March 9, 1994. Prior to that, in February 1994, notification was sent out to the property owners within that ULID boundary notifying them of the hearing and estimated assessment of $4,275.00 per lot. The City Council passed Ordinance #4450 forming the U.L.I.D. the following week after the Public Hearing. In August of 1994, bids were opened for the ULID with the low bidder claiming a bid error. As a result of that claim, the second low bidder cost was used and the estimated assessment, at that time, was $6,270 per lot. Notification was sent out to the property owners and a public meeting was conducted where the City was encouraged by the property owners to reject the bid and look at some possible redesign options. The City Council did reject the bids and the project was redesigned to eliminate a pump station and go to gravity flow all the way into the existing system. The project was rebid and opened on May 30, 1995. A meeting was held with the ULID members on June 13, 1995. The residents were provided a notice of that meeting, which also included an estimated assessment, based on the bid, of $5,360 per lot, a decrease of #1600 #1618 TAPE #1385 City Council Reg. Mtg. Minutes June 12, 1996 Page 9 of 15 approximately $900 from the previous estimate. The project was constructed and the final assessment has been determined to be $4,517.19 per lot, which is approximately $900 less than the estimate announced in June 1995. A meeting was held with the property owners on June 10, 1996, to discuss the ULID and some of the financing options available. Twenty two of the 77 lots were represented at that meeting, and one of the major issues was financing. He wished to correct a statement he made at that meeting that the billing was done along with the County taxes, which was incorrect, that billing is done on an annual basis by the City on a special bill. The members of the ULID present at that meeting agreed to recommend the terms of the Bond for the ULID be a 13 year term at 8.2% per the City Treasurer. M/S/C/U(Farr/Huff-Menees) at the end of public comment to continue this hearing for one week. M/S/C/U(Farr/Huff-Menees) to waive the written requirement for speakers at this public hearing. Kathleen MoOluskey, City Clerk, read into the record the following letters: (1) Myrna L. Peterson, 1533 Kitsap Lake Road NW, Bremerton, WA 98312 - "Am writing to tell you of my objections to the assessment for the sewer. I have been assessed the amount of $4,517.19 for the Utility Local Improvement District #327 for the sanitary sewer on Kitsap Lake Road. Have objected to the sewer because some of my neighbors and I felt that the sewer was unnecessary because our septic tanks were sufficient at this time. Paying this assessment will be a hardship for myself and my neighbors, who like me, are on a fixed income. My total income a year is $10,000, so paying the above amount would be almost impossible. I will be sixty five in August and money is tight for me. Mr. Lefcoski pushed the sewer through because it was for his benefit, not ours. He appears to be quite affluent but the rest of us are not. Please advise as to other developments about this sewer project. How can this be worked out? Thank you, Sincerely." (2) Robert B. Griffith, 4823 N. Leber Lane, Bremerton, WA 98312- 8829 - "Being the owner of the above described property, I am responding to the notification which I received from you on May 24, 1996. Said notification informed me of the upcoming meeting of Wednesday, June 12, 1996, at the Council Chambers and the necessity to file any objection I have to the assessment. I am concerned that we are being assessed for something that we are not adequately receiving. The sewer line, installed in 1995 on the Kitsap Lake Rd. and on North Lake Way does not extend to our TAPE #1385 City Council Reg. Mtg. Minutes June 12, 1996 Page 10 of 15 property. I have enclosed here map of the area which clearly shows that the sewer line is stubbed off at the end of a short road that branches off from the Kitsap Lake Rd. In order for us to connect up to this terminal would require excavating a ditch uphill from our home and 800 feet in length and, through adjoining neighbors property. The length of this excavation would require a heavier pump and larger pipe line at a much greater cost. I have been in contact with Civil engineer who is familiar with this system and he estimated that it would cost us approximately $15,000 to connect to the sewer. For a couple of 80 year old kids in their little grey home in the West, that to me is ridiculous. The City of Bremerton is saving many thousands of dollars by using a gravity flow system which requires no pumping station. Since we are beyond their gravity system it appears that they are passing some of it off on to us. Respectfully." (3) Jack Lefcoski, 1700 Kitsap Lake Road, Bremerton, WA 98312 - "During the petition and ULID development phase, the neighborhood signed the petition; 65% for and 34% against. Then and now there are 34% unhappy residents affected by the project. These comments stem from the interest of the whole group, but particularly from the residents who voted against the project. The City of Bremerton Council approved the project and allotted $300,000 as the City's share. The City's primary concern was to protect the lake just as any other park. From the beginning to the end many unanswered and unexplained cliches have occurred, not to mention the unit price has increased about 6 times the original estimates. Items of concern: 1. The original estimate and drawing preparation include a 50K to 60K booster pump. That pump was eliminated and the system converted to gravity. It's hard to understand why there is not a reduction in the project price. (The pump was in the bid price.) 2. Ten (10) manholes were eliminated after the bid. (Unit installation costs of a manhole is about $1,200 to $1,500.) That should represent about a $12,000 reduction in the project cost. Where is that shown? 3. On a side lane one property had to have the main line installed twice due to an error, i.e. the customer was promised that this property would drain by gravity but the line was installed too shallow, requiring him to install a lift pump. The City recognized TAPE #1385 City Council Reg. Mtg. Minutes June 12, 1996 Page 11 of 15 the error and corrected it by removing the installed pipe and reinstailing it lower. that was great on behalf of the City. but it surely wasn't part of the original plan or the bid price. Question: why should the customers have to pay for the City's error? 4. At the west end of N. Lake Way the City made an error in surveying prior to ditching, and an additional manhole was required to properly install the main. This extra manhole was not in the plan or bid. Question: why should the customers have to pay for the extra manhole? 5. During development of the ULID, about a dozen neighborhood meetings were held and representatives from the City utilities and Parametrix attended several of them to explain all aspects of the project. Of course the project required to dig up an 8' strip generally down the middle of the road. Obviously that strip would have to be restored and this would be part of the project cost. After piping installation, it turned out that Kitsap Lake road was paved curb to curb. The head Engineer and Lefcoski talked about that and how it would be funded. He said that Lefcoski through it was nice to resurface the whole street to finish the project. That is true - but there was never a mention prior to the paving that the price would be added to the project cost. The residents have always considered the ditch restoration was in the original project cost. In resurfacing the street in the area north of Camp McKean, several slumps have appeared in way of manholes and side connections. Actually the surface is rougher now than it was before the project. It seems the ballast is slumping beneath the blacktop. 6. In talking to the City utilities office, it was agreed to have an ULID participants meeting to hash over the project and explain the assessments. Instead we got an assessment letter and notification to come to a City Council meeting for the hash-over. Very few people can probably do this. We would prefer a neighborhood meeting. Council may prefer that too. 7. About the $300,000, we must all realize that the money was authorized prior to the City's lawsuit and stormwater up-date expenses. It was authorized in good faith, acknowledging that the lake is considered as a park and must be protected as any other park, i.e.,everybody pays a share. (Not unlike the City buying a new lawn mower, etc., for the City parks.) Some people think the $300,000 was unjustified and unfair for most citizens. Question: Aren't all city residents paying for the city stormwater update even if the updates aren't in their TAPE #1385 City Council Reg. Mtg. Minutes June 12, 1996 Page 12 of 15 neighborhoods? Aren't all citizens paying for city parks even though they don't all use them? Kitsap Lake is a city park and available to everyone whether it is officially designated as one or not. What else would one call it? 8. The cost of the project should be funded as a project. Not the city will pay for this and not that. The assessment price should be the bottom project cost minus the $300,000. The balance should be divided by the number of units involved. Sincerely." Bob Griffith, Leber Lane, passed out copies of a map showing the location of his property in relationship to the sewer project. He restated his opposition, as stated in his letter that was read into the record, to being included in the ULID. He emphasized the distance between his property and the closest connection available for him to hook up to the sewer and the fact that he would have to gain an easement over his neighbor's property. He felt strongly that his neighbor would not easily grant him an easement, which could result in further costs to him to gain that access and the assessment would be a financial burden for he and his wife. He urged Council to give his request serious consideration and exclude him from the ULID. Jack Lefcoski stated he agreed that Myrna Peterson and the Griffiths would be adversely affected, financially, by the assessment. Because the main sewer line is not adjacent to Mr. Griffith's property, he would like the City Council and Mayor to agree to do the ditch digging for him or give Mr. Lefcoski a piece of equipment and he would personally dig the ditch. He also would like the City to help Mr. Griffith gain an easement across his neighbor's property. He assumed the two County property owners that installed 6" laterals in order to connect up to the sewer sometime in the future, would be asked to sign an outside Utility Agreement. One of those property owners wants to annex into the City; therefore, Mr. Lefcoski urged the City to pursue bringing those properties within City boundaries. The assessment is based on 77 parcels, not including the two County property owners. He suggested the assessment should be based on 79 units, not 77. Twenty two units attended the meeting on June 10th and there were no strong arguments, but there was discussion on why the paving was added to the LID. In his opinion, paving the whole street was never in the original concept when the ULID was formed. It turns out this is a new City policy and he was told this was the first project for that policy to be implemented. The first thing that comes to everyone's mind is the added paving cost was compensation for the $300,000 - the City's share of the project. The residents are very thankful for the $300,000, but they do not look at it as a favor to just a few residents. TAPE #1385 City Council Reg. Mtg. Minutes June 12, 1996 Page 13 of 15 9B - PUBLIC HEARING AND ORDINANCE (FIRST READING) FINAL ASSESSMENT ROLL FOR L.I.D. #328, WHEATON WAY SEWER, #AB96-125 At the City Council meeting on May 15, 1996, the City Council passed Resolution No. 2547 setting June 12, 1996 as the hearing date for the final assessment on Utility Local Improvement District No. 328. Ordinance No. 4460 was passed by City Council on May 11, 1994 establishing L.I.D. No. 328. The improvements generally consist of the extension of sanitary sewer on Wheaton Way. The value of the Final Assessment Roll is $109,107.90. The action before the City Council is a public hearing, during which time the Council will sit as a Board of Equalization for the purpose of considering the Assessment Roll. During the hearing, the Council will consider the objections made and will revise, raise, lower, change, or modify the Assessment Roll or any part thereof, or set aside the Assessment Roll and order the assessment by made my De Novo. Following the hearing, the Council shall confirm the Assessment Roll by Ordinance. All persons who desire to object to the Assessment Roll must make their objections in writing and file them with the City Clerk at or prior to the date fixed for the hearing. President Law asked the "Appearance Of Fairness/Conflict of Interest" question with all Council members present being seated. Randy Witt, City Engineer, gave recognition to Dayton Griffin for his efforts in putting together the petition for the L.I.D. Tim Richard, Senior Engineer, stated this L.I.D. was formed in 1994 and a meeting was held with the L.I.D. members on April 11, 1995. prior to the public hearing. The notification of the Public Hearing included a preliminary assessment at a rate based on a total cost of $9,850.00, or $89.57 per front foot. The L.I.D. formation hearing was held on May 4, 1994, and Ordinance #4460 forming the L.I.D. was passed the following week. The bid for the project was opened on March 1995. A pre-award meeting was held with the participants and at that time they were notified, based on the bid, the L.I.D. cost would be $135,542 or $126.67 per front foot. Those who participated in that meeting asked the City to proceed with the project and the bid award was approved on April 5, 1995. The project was constructed during the summer of 1995 and the final assessment roll for this project is $109,107.90. or $101.97 per front foot. The total cost of the project was $125,701.58, with the assessment roll being $109,107.90 and the difference in cost is the City's paid share, which is approximately 13%, based on Resolution #2467 City's Participation In Local TAPE #1385 City Council Reg. Mtg. Minutes June 12, 1996 Page 14 of 15 #3116 Improvement Districts. A meeting was held with the members of the L.I.D. on June 10th and those present unanimously agreed to ask for a 13 year term at 8.2% for financing per the City Treasurer. Kathleen McCluskey read into the record a letter from the law firm of Sanches, Paulson, Mitchell and Laurie regarding the land owner of Tax Lot Reorganized Church Of Jesus Christ Of Latter Day Saints - Dear Mrs. McCluskey, the Reorganized Church Of Jesus Christ Of Latter Day Saints objects to the assessment made with regard to Wheaton Way property. It has been made clear by its filing a lawsuit against the City, the City and the contractor that was employed to provide the improvements did substantial damage to the Church's land that has rendered it unusable and currently valueless. Until such time as the City of Bremerton has resolved the flooding of stormwater from Wheaton Way onto this lot and adjacent property, the assessment is excessive and unwarranted. The $12,236.40 assessment should be suspended until the lawsuit has been resolved and a determination has to been made as to whether this property retains any value whatsoever.,, M/S/C/U(Huff-Menees/Farr) to waive the requirement for written objection and allow verbal comment this evening. Public comment - none. Mr. Neville asked if the City had a response to the letter read into the record? Ian Sievers, City Attorney, stated the protester on the final assessment roll has to produce evidence that he has not been specially benefitted to the amount of the assessment. This letter addresses an event that caused some damage to the property, but in his opinion he did not see that evidence was produced that the property was unusable, non-buildable; therefore, won't benefit from being connected to the sewer. Obviously, the property is on a slope and subject to the Critical Lands Ordinance, but he believes there is substantial buildable area of the lot that remains. The City's Critical Lands Ordinance does allow building even within the 50-ft. setback of a bluff with an engineered design. There is no minimum lot size for the particular zoning involved on this lot and if topography did prevent buildable lot area they would be allowed to apply for a variance, and certainly if there was no use for the property, they should be granted a variance as that would constitute a "taking". TAPE #1386 Mr. Neville referenced the part in the letter that stated the damage to the property was caused by stormwater runoff. Mr. Sievers stated that is an additional problem with the letter, it is alleged in a claim against the City, which has developed into a TAPE #1386 City Council Reg. Mtg. Minutes June 12, 1996 Page 15 of 15 #0125 lawsuit, that there was some fault of the City, either maintenance or design of stormwater facilities that caused some erosion to the property. He thinks there is also an allegation that an independent contractor of the City that was working on Wheaton Way at the time of the storm may have contributed through his construction activities. But for purposes of this hearing, that was in the range of a 100 year storm. Secondly, it may have been contributed to by these unusual circumstances of roadway construction at the time, so for the Council to draw an assumption based on these unusual events, that the property would continue to be valueless because of continued erosion or stormwater intrusion on the property is pretty speculative and remote. Mr. ~eville stated he has heard reference where we've had five 100-year storms already this year. Mr. Sievers stated the point here is that to say this is a continuing problem that makes the property valueless is difficult. Mr. ~eville asked if the project separated the stormwater from the sanitary sewer and if new gutters were installed? Mr. Richard stated no. Mr. Meville asked how many of the 11 property owners affected signed the L.I.D.? Mr. Richard stated of the 11 lots in the L.I.D. there were six in favor and one lot was counted as neutral because it is a City owned lot. Based on front footage, 69.2% were in favor of the L.I.D. M/S/C/U(Montgomery/Huff-Menees) to approve ordinance on first reading adopting and confirming the assessment roll for Local Improvement District No. 328 providing for the improvements by extension of sanitary sewer in Wheaton Way as described in Ordinance 4460 providing for the levying and assessing for the costs and expense thereof against the parcels and lots of land within the boundaries of said improvement district; providing for the collection thereof; creating and establishing a special fund therefore. President Law thanked the TV camera crew for their services this evening: Mike Peebles, Deborah Harris and Patrick Hirsch. With no further business meeting adjourned at 7:10 P.M. ~ City Clerk City of Bremerton KLM/JL/me cc: Normal Distribution File/Vault