HomeMy WebLinkAbout04/08/92TAPE #1009
UNAPPROVED
CITY COUNCIL MEETING MINUTES
APR 29
#0034
#0054
APRIL 8, 1992
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, April 8,
1992, at 5:30 p.m., with Council President Lynn Horton
presiding. Council members present: Lon Overson, Eileen Fitz,
Hank Waibel, C. R. "Tiny" Collins, Morrie Dawkins, A1 Colvin
and Russ Johnson. Also present were City Attorney Ian Sievers
and City Clerk Kathleen McCluskey.
The meeting opened with the Pledge of Allegiance led by
Council President Horton and Invocation given by Reverend
Talmadge Wilson of Charleston Baptist Church.
President Hotton announced Council would hold an Executive
Session immediately following the Council Meeting to discuss
"personnel", per Chapter 42.30.110(g).
CONSENT AGENDA
A. Minutes Of Meeting - March 18, 1992, #AB92-086
M/S/C/U(Waibel/Fitz) to approve Consent Agenda as presented.
CLAIMS/WARRANT 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(Colvin/Dawkins) on April 8, 1992, the Council does
approve for payment those vouchers included and further
described as follows: 147542 through 147716 in the total
amount of $479,264.36; and Regular Payroll for the period
ending March 31, 1992, in the total amount of $462,099.17
COUNCIL MEMBER REPORTS
Mr. Overson reported the waterfront project was still
functioning, however, some solutions will be needed and he
will keep the public informed as time goes on.
Mr. Johnson announced on Thursday, April 9, a group of
citizens living on the west side of Kitsap Lake will meet at
Cascade Natural Gas to discuss extending City sewer services
to their area. From a Fiscal and Budget Committee status
update, as a result of Council's Supplemental Budget Guidance
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Resolution there are no obvious major expenditures being made
until the entire budget can be sorted out. There may be some
difficult discussions, in the future, to figure out where
additional revenues or expenditure reductions will come from
before January 1, 1993. He anticipated having to look into
the entire budget over the summer months to develop a budget
that minimizes impacts.
Mr. Colvin expressed the need to amplify and recognize the
good that people do and as part of his report he invited
Police Chief Del McNeal to make a presentation on the "Block
Watch Program"; and Captain Williamson of the U.S.S. Nimitz.
Police Chief De1 McNeal explained anyone interested in the
Block Watch program should call the City's Crime Prevention
Officer (478-5231). The purpose of a "Block Watch" is to
organize groups (blocks) of people, naming a Block Watch
Captain, who will be come familiar with the residents within
that area and be responsible to monitor what is happening with
that designated area. There are statistics within the City
that espouse the merits of the Block Watch program actually
lowering the number of burglaries.
Mayor Mentor read a Proclamation recognizing and thanking crew
members of the U.S.S. Nimitz who volunteered their time and
talent to the following programs: (1) Adopt-A-School Program -
the Nimitz/Bremerton High school partnership provides
academic tutors, sporting coaches, risk prevention counselors,
and real life experience sessions; (2) Community Awareness
Program - working with and speaking to local authorities,
community groups and at-risk groups concerning juvenile gang
activities, drug, alcohol, and safety; Big Brothers/Sisters
Program; Toys-For-Tots Program; and, several crew members have
served as leaders for Boy Scout and Cub Scout programs,
coached children's intermural sports and participated in
officiating/score keeping for Special Olympics. Captain
Williamson, Commander U.S.S. Nimitz, quoted Charles Dickens:
"No one is unimportant who lessens the burden of another", and
upon that foundation and principle they have developed a very
solid program of togetherness between members of his ship and
the citizens of Bremerton. He acknowledged the attention
given to negative aspects within a community but not often
does one see or hear about the good things happening. In two
weeks he will be leaving the area and he believes, because of
he and his crew members' involvement within the community, the
City is in better shape than when they arrived. He cautioned
on "sitting on laurels" and urged everyone to push onward to
make it even better.
Mr. Dawklns reported Christmas In April will get underway in
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two weeks.
Mr. Collins reported Puget Sound Air Quality Control Agency
(PSAPCA) held a number of meetings over the past two weeks
concerning open burning. The final hearing on that issue was
held Tuesday, April 7, in Tacoma, and resulted in the proposed
legislation not including Kitsap County in the stopping of
open burning.
Mrs. Hotton reported this week she took a trip to Skagit
Valley to view the tulip fields and highly recommended such a
trip as a respite from the noisier and fast paced city life.
She met, this date, with the Downtown Task Force, who are
talking about potentials of the Bremerton Lumber site. This
group has come together collectively as to their preferences
of what they would like the City to do with that piece of
property. She will be contacting various Council members
regarding other issues this group has discussed with the
possibility of them speaking at either a Council Study Session
or Council committee meetings.
PUBLIC RECOGNITION
Mayor Louis Mentor reported he would be visit LaConnor, WA on
Saturday. This date he attended the dedication of the PSNS
Little Mates Day Care Center, which will serve 83 children.
Mayor Mentor read the following Proclamations:
(1) Earthquake Awareness Week - April 24 through May 1, 1992,
accepted by Lynn Horton, Chairman CenCom Board;
(2) National Telecommunicators Week - April 12 through 18,
1992, accepted by Lynn Horton, Chairman CenCom Board;
(3) American Former Prisoner Of War Recognition And Bataan
Week - April 15 - 11, 1992, accepted by Reverend John
Eichmann. Reverend Eichmann announced on Thursday, April 9,
11:00 A.M. a public ceremony will be held at Bataan Park. He
noted members of the Filipino-American Community of Kitsap
County built Bataan Park and presented it to the City of
Bremerton several years ago. He briefly outlined participants
in this event. Joe Batrono, Chairman of the Filipino-American
Association in Kitsap County, expressed his thanks to Mayor
Mentor and the City Council and stressed the importance of
remembering historic events involving the valor and giving of
lives while protecting freedom rights. Richard Chrisinger,
veteran of WWII, Korea and Vietnam, noted a large crowd was
expected for this event, which could cause some parking
problems.
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Gordon Byrd, 402 Chester, Apt. 3, reported within the past two
weeks he received donations in the amount of $854.77, bring
his grant total to $14,000 for his Byrd's Nest shelter for the
homeless.
Harr~ Wilson, 2120 Callow Avenue, noted on March 18 Council
approved the purchase of a new wheel loader and Police
vehicle. He questioned if the old vehicles being replaced had
been made surplus? Kathleen McCluskev stated she was not sure
but would find out that information.
6A - HIRING OF SPRING/SUMMER PART TIME HELP - PARKS &
RECREATION DEPARTMENT, #AB92-087
Provision of quality recreation programs and well maintained
Parks by the Bremerton Parks and Recreation is directly
related to our ability to hire part time employees who
supplement the efforts of our limited number of permanent
employees.
Vicki Vanneman, Parks and Recreation Director, stated spring
and summer seasons are the busiest for their department. She
stressed the importance of keeping up the City's parks for use
by citizens. All of this increased activity requires
considerable numbers of man hours above and beyond the number
put in by the department's full time staff on a year round
basis. The proposed request is well within the monies
allocated for part-time personnel in the Department's 1992
budget as well as the non-general fund budgets of athletics
and golf course. A detailed list was provided that delineated
where monies would be spent and number of man hours required.
Mr. Waibel questioned what the $205,300 figure represented?
Ms. Vanneman stated figure was the total General Fund
allocation for part- time wages in each of the divisions.
Mrs. Fitz reported this item came before Fiscal and Budget
Committee and they agreed that the Park's programs were
wonderful and necessary. However, she recommended funding only
those items that were self-sustaining at this time and table
the others until further review of the General Fund.
Mr. Dawkins questioned if the Day Camp program was self-
funding? Ms. Vanneman stated yes. The Playground Program
(Playground Express Van) is not self-funded and is covered
under the General Fund. Mr. Dawkins questioned if the
recovery funds for golf course and ball field maintenance came
out of those specific funds? Ms. Vanneman stated yes, they
are funded under a separate non-General Fund budget.
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Mr. Johnson questioned if for some reason maintaining the
parks is not funded, what would be the impact of not having
usable parks during the summer vacation period? He was
concerned that without a constructive Parks program for the
youth of Bremerton there may be more serious problems with
destructive type activity brought about by kids who have
nothing to do with their time.
Public comment - none.
President Hotton stated she basically agreed with Mr. Johnson,
however, after preliminary discussions with staff they will be
coming to Council within the next two-three weeks with
recommendations for some kind of funding cuts. Mr. Johnson
noted the City Treasurer did not make any reference to that
during the Fiscal and Budget Committee meeting held the
previous night. President Hotton posed the question do we
"cut planting flowers" or do we cut some sort of "police
program"...at this time she did not know what the trade-offs
would be. Also, Council has to address mitigation for the
boardwalk, the City's major funds are almost gone and the City
has the option of borrowing against 1993's Hotel/Motel Tax or
taking it out of the General Fund. She did not want to make
decisions now and then find out the City has a higher priority
next week. She supported delaying those type of items until
next week.
Mr. Johnson stated he received a message from the staff and
Mayor that they believe there are many things much more
important to a City in the summertime than what little amount
it takes to make a Parks program work when we are spending
funds on things like the 4th Street Building, etc. He will
not vote to cancel the Parks summer Program as long as those
kinds of programs continue. He would support a one-week delay
but not much more.
Mr. Overson noted he believed Council could delay allocating
$60,000 of the proposal and look at the adverse impact. Staff
needed to come back to Council with a proposal but he did not
want the Parks program delayed because of its benefit to the
citizens of Bremerton. President Hotton concurred with the
comments made, however, Council needed to "face up" to some
very difficult decisions. Mr. Overson stated the Mayor needed
to "face up" to them and make a proposal. Mr. Colvin agreed
with President Horton, however, Council needed to know what
impact this would have on the City's recreation program. He
did not want to be "penny wise - pound foolish". Ms. Vanneman
briefly outlined the listed positions and their job
responsibilities.
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President Hotton requested pulling out the non-General Fund
items, the Summer Day Camp and Special Instruction, which are
100% program funded.
#1794
M/S/C(Waibel/Colvin) to approve the allocations as approved by
Fiscal and Budget Committee
Vote: In Favor - Overson, Waibel, Collins, Dawkins, Colvin,
Johnson
Opposed - Fitz, Horton
Motion carried.
6B - AMENDMENT TO EMPLOYMENT CONTRACT FOR PAYROLL SPECIALIST,
#AB92-088
The proposed contract provides for the option of accepting $80
per month in cash in lieu of medical insurance as included
under the non-uniformed managers benefits. This will result
in a $58.00 per month nominal savings to the General Fund.
Mr. Waibel pointed out this was something that was offered to
most City employees and it has proven, in many cases, to
remove liability and saved the City money.
Mr. Dawkins requested an explanation as to how this process
worked. Cathy Johnson, Assistant Treasurer, explained if a
City employee can prove they are already covered by health
insurance from another source, they could receive $80.00/month
in lieu of carrying the City's medical insurance. That would
result in a $58/month savings to the City on the current
contract. Mr. Waibel noted it would also make the other
insurance carrier the primary insurer, which helps to reduce
insurance costs and keeps premiums lower.
Mr. Overson questioned if most institutions do this? Ms.
Johnson stated she did not know. Kathleen McCluskey, City
Clerk, explained it is common among cities, however, she was
not aware if the Federal Government offered that option. Mr.
Waibel stated he was aware that it was common and in
institutions for approximately 23 years.
Mr. Colvinquestioned if the subject proposal was legal? Ian
Sievers, City Attorney, stated he did not know why it would be
considered illegal due to the fact the employee agrees to
participate in that way. Offering cash instead of the benefit
is legal; and the City wants assurance the employee is covered
by some plan and do require verification of medical coverage.
Public comment - none.
#1994
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M/S/C/U(Johnson/Colvin) to approve amended contract with
Payroll Specialist
Motion carried.
6C - REOUEST TO FILL POSITION IN THE GENERAL FUND -
TREASURER'S OFFICE, #AB92-089
The planned retirement of an employee in the Treasurer's
Office will create a vacant Accountant position in the near
future. The cost of this position is fully reimbursed by the
Utilities, therefore, leaving the position vacant will not
result in any savings to the General Fund. Council
authorization is requested to fill this position when it
becomes vacant.
Mr. Johnson stated Fiscal and Budget Committee recommended
approval due to the fact that the Utility does reimburse for
the position and without it the Utility would not be as
efficient in collecting their revenue. Mr. Waibel stated it
also keeps the City Treasurer aware of what is going on in all
City collections.
M/S/C/U(Waibel/Fitz) to authorize filing the Accountant
position in the Treasurer's office.
#2111
Motion carried.
7A - ORDINANCE NO. 4370 (SECOND READING) STREET VACATION 1144
CARR BLVD., #AB92-062
Kathleen McCluskey, City Clerk, stated this item was held
pending receipt of payment for the right-of-way vacation and
that has been received and deposited to the City. Upon
Council approval, the ordinance will be recorded.
Mr. Waibel this was reviewed several weeks ago and it does
smooth off the right-of-way correctly. He had not received
any information that would be contrary to passing on second
reading.
Public comment - none.
M/S/C/U(Overson/Dawkins) to pass Ordinance #4370, on second
reading, vacating portions of Carr Boulevard adjacent to 1144
Carr Boulevard located on the east side, 530 feet east of the
intersection of Carr Blvd., and Harlow Drive.
Motion carried.
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7B - ORDINANCE #4371 (SECOND READING) CREATING BOARD OF
APPEALS FOR THE HEARING OF ALL BUILDING CODES APPEALS, #AB92-
084
Mr. Overson reported the Operations Committee reviewed this
item and recommend its approval.
Public comment - none.
Mr. Johnson requested Council's Legislative Assistant to place
an "Information Item" on the Council Agenda the second week of
June reporting on the status of this board.
#2199
M/S/C/U(Waibel/Dawkins) to pass Ordinance #4371, on second
reading, establishing the makeup of the UniformBuilding Code,
Uniform Plumbing Code, Uniform Fire Code, Uniform Sign Code
and Uniform Code for the Abatement Of Dangerous Buildings
appeals boards and adopting a new Chapter to Title 17 of the
Bremerton Municipal Code; including instructing the Mayor to
submit names for filling the position on this board.
Motion carried.
8A - PUBLIC HEARING - RESOLUTION #2385 CLOSING DOWN SUNDOWN
DRIVE AT MARINE DRIVE, #AB92-090
The Engineering Division is presently finalizing the design
for the Kitsap Way-Marine Drive to llth Street project. As
part of this project, the Marine Drive/Adele intersection with
Kitsap Way is being realigned to the east. The connection of
Sundown Drive to Marine Drive is so close to the Kitsap Way
intersection that it increases congestion and creates the
potential for accidents. Engineering is requesting approval
to close the eastern end of Sundown Drive where it connects to
Marine Drive. If Sundown Drive is closed as requested, the
local residents on Sundown Drive, Valley Drive and the new
unnamed street yet to be connected would have to access their
properties from lower Marine Drive which has two connections
to Marine Drive further north of the existing Sundown
connection to Marine Drive.
Jan Stemkoski, Assistant City Engineer, provided a view graph
showing the proposed design. He emphasized if vehicles were
allowed to turn left off of Marine Drive onto Sundown Drive it
would immediately impact traffic out on Kitsap Way. If
Sundown is closed off as requested, residents living in the
valley would have to enter on Marine Drive or Lower Marine
Drive.
Mr. Waibel stressed the importance of including a map with the
Agenda packet information. Mr. Stemkoski stated he was
concerned if the map was reduced to fit the Agenda Packet it
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may be to difficult to distinguish. However, he will include
maps on future proposals.
Mr. Dawkins raised the following questions and concerns: (1)
traffic impact on lower Marine Drive if Sundown Drive is
closed; (2) because of impact will improvements be made to
Lower Marine Drive; (3) if an access was taken away, he
supported providing some improvements to roads being impacted;
(4) would there be any sidewalks built considering the
development of new houses in that area? Mr. Stemkoski pointed
out everyone in the valley would have to come back up Sundown
and up to Lower Marine Drive. The present daily traffic count
on Lower Marine Drive is 423 vehicles per day. The count on
Sundown Drive was 155 vehicles per day. There were no plans
for improving Lower Marine Drive at this time. In his opinion,
he believed the road was wide enough but not in its best
surface repair, and no sidewalks would be provided as a result
of the new homes to be developed.
Mrs. Fitz pointed out this area is in her District and she had
walked and driven that area quite often. She did not observe
vehicles going down Sundown Drive as often as driving up it to
Marine Drive. The only reason to keep Sundown Drive open was
as exit from Sundown onto Marine Drive, heading towards the
intersection and not allowing any left-turn lanes there.
Mr. Overson stated looking at the practical side - 155
vehicles per day average peak activity of 10 hours is only
identifying 15 vehicles per hour. Considering the proposed
design, a left turn onto Marine Drive would not be desirable.
The only people who would logically want to be coming out of
Sundown Drive would then take a right turn to exist onto
Kitsap Way. He did not see this as a significant impact.
Mrs. Fits questioned how many more vehicles were predicted to
use that area once the new home development was completed?
Mr. Stemkoski stated as he recalled it amounted to 190 trips
per day.
Mr. Colvin stated at some time people would need to make a
left turn and questioned if they could make such a turn at the
other entrance? Mr. Stemkoski stated yes. Mr. Colvin
questioned if it would be feasible to make Sundown Drive a
right turn only? Mr. Stemkoski explained it could be a "one-
way" out but one of the concerns they had was if a vehicle
exiting out of Sundown Drive onto marine Drive then desired to
make a left turn onto Kitsap Way. It was staff's desire that
vehicles would enter Marine Drive at Lower Marine Drive, which
would allow a better transition preparing for a left turn onto
Kitsap Way.
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Dean Gehring, 3107 Kitsap Way, stated his support to close
Sundown Drive due to the potential congestion resulting from
the proposed redevelopment plan for the intersection.
John DeClements, 3720 , stated he would like to see Sundown
Drive shut off at the bottom of the hill because the pavement
is not well maintained.
James Walls, 1223 S. Oyster Bay Drive, representing HMI, owner
of a 3 1/2 acre parcel at the base of Sundown Drive. As Mr.
Stemkoski indicated, throughout the force of time there are
four accesses to their property as well as the rest of the
neighborhood. There is a road access next to the Pancake
House on the western perimeter that was designed for safety
purposes. Valley Drive has been closed because of the
nuisance. If Sundown Drive is closed, this would leave them
with only one access, the unnamed road and lower Marine Drive.
He believed impacting traffic would create a bottleneck along
their only access. He felt Lower Marine Drive was not
adequate in width and did need surfacing improvements. The
current zoning of the 3 1/2 acres allows four units per acre -
12-14 units. If they develop this property, that would double
the trips cited by the Chaffe development. Now, there is not
just the consideration of 190 trips as a result of a PUD but
closer to 400. He did not believe Lower Marine Drive could
handle the impact of the expanded traffic. His major concern
is that it does not seem equitable and certainly not legal to
close off the access to a large parcel of property because one
of the major criterions that he struggled to meet or use for
planning purposes over the past two years for that piece of
property is utility services, which was addressed through the
Chaffe PUD and ingress and egress. He noted there are no set
rules and regulations as to what parameters need to be met for
ingress and egress, i.e. what is acceptable in right-of-ways,
road width, grades and rates curves, etc. Be believed, before
this Resolution is passed, some sort of plan needed to be
developed for development and improvement of Lower Marine
Drive, which would satisfy current and proposed uses of said
properties.
Kathleen McCluskeV, City Clerk, read into the record a letter
from Phil Waaga, 3930 Sundown Drive, stating he was against
total closure of Sundown Drive and would support it being made
one-way exiting out onto Marine Drive only. He cited
previous hazardous weather conditions that caused areas of
Lower Marine Drive to be shut off, thereby necessitating
traffic to use other accesses.
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Mrs. Fits questioned the adequacy of Lower Marine Drive for
fire trucks accessing properties in the event of emergencies?
Mr. Stemkoski stated the road is wide enough to accommodate a
fire truck. Sundown Drive could be set up so that emergency
equipment could still access residents from that roadway.
That was the way Valley Drive was originally set up at the
time of its closure.
Mr. Overson felt Mr. Wall's point was excellent and Council
was quite aware of the growth management requirement to
develop areas that could handle high growth. He felt such
development should be supported by the City with quality
arterials. He recommended putting Lower Marine Drive on the
Six Year Street Plan, move it up and fund it for improvement.
Mr. Dawkins questioned if Lower Marine Drive was already
included on the City's Capital Improvement Plan? Mr.
Stemkoski stated he did not believe so. President Horton
stated she recalled Council directed staff to come back in
January 1992, to readdress improvements to Lower Marine Drive
and to place it on the Six Year Plan. Mr. Stemkoski explained
Lower Marine Drive was to be added to the Plan, however, no
local projects are being done this year due to the lack of
funds.
Mr. Waibel questioned how far could an L.I.D. be extended in
terms of people being beneficially affected in the area of
Lower Marine Drive? Mr. Stemkoski stated if the zone method
of assessment is used, the residents could fund the cost of
such an improvement. Mrs. Fitz reported she received a call
from a resident on Lower Marine Drive inquiring about the
possibility of initiating an L.I.D. for sewer improvements
because sewer services will be extended to the recently
approved housing development.
Mr. Overson noted there is a road that goes out toward
National Avenue and potentially something could be done to
extend that street to access the light at National Avenue.
Mr. Dawkins pointed out previous discussion on that particular
access brought out the fact that if that access was developed,
it would be impacted by traffic using it rather than turning
at the Marine Drive intersection. President Hotton stated
there are things that can be done to discourage people from
taking short-cuts.
Mr. Colvin questioned if Sundown Drive was closed, what would
happen if there was a major catastrophe on Lower Marine Drive
blocking off access to local residents? Mr. Stemkoski under
the proposed plan, there were areas that would be difficult to
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access. Mayor Mentor pointed out the City has all kinds of
deadend streets and many people like having limited access
into their neighborhood, which provides a more protected
environment.
Mr. Collins and Mr. Johnson emphasized the focus of this
discussion should be centered on fixing one of the most
dangerous intersections in the City.
Mr. Waibel noted there was a point raised by one of the
speakers as to where Sundown Drive would be blocked off if it
was closed. He questioned if blocking at the bottom of
Sundown Drive allowed continued access to all parcels? Mr.
Stemkoski explained there is a driveway access into the
cleaners about half way up the hill and he felt it would not
be appropriate to block off that entrance unless that business
agreed to that action.
Mr. Walls questioned for clarification Mr. Overson's comment
referencing a "National Avenue access"...was that roadway
located directly west of the Family Pancake House? He
expressed concern that particular roadway had a 25% grade and
would not qualify for engineering standards as outlined in the
law. He also made the point the 3 1/2 acre parcel, which he
referred to, was formerly zoned R-60 units per acre and had
suffered a significant down zone . Those down zones were due
in part to the ingress/egress access closures. He also noted
there are legal ramifications from denial of use of private
property. Mr. Johnson stated this was not a rezone hearing
and he felt Mr. Walls was off point and irrelevant to the
decision Council is being asked to make at this time. Mr.
Walls stated if the closure of Sundown Drive no longer allows
the 3 1/2 acres to be rezoned, then it would have an adverse
affect on his property use. President Hotton explained if and
when the time comes for that parcel of property to be
developed traffic configurations can be look at that time.
Mr. Johnson is correct that at this point focus is on "safety"
aspect of Sundown Drive. In many instances, the developer is
required to provide major upgrades to the transportation
system in order to develop, which may become an option for Mr.
Walls' client. She suggested that he work with Engineering
and Planning Departments to come up with a coordinated
approach if he was interested in developing that 3 1/2 acre
site.
Mr. Johnson stated he understood "closure" of a road, however,
he was confused how the road would be maintained if it was
partially closed. President Hotton stated it would be up to
Engineering to ascertain the best place for closing the
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street. Mr. Waibel stated that was his intent and yet
maintain access to properties within that area. Mr. Stemkoski
explained part of the road would not be used because it is
between the last house access and will be cut off from any
vehicle traffic at the point of the last driveway.
#0436
M/S/C/U(Waibel/Collins) to pass Resolution #2385, closing
Sundown Drive basically as low on the road as is feasible to
allow continued access to all parcels.
Motion carried.
8B - PUBLIC HEARING - FINAL ASSESSMENT ROLL - L.I.D. #325
LAKEHURST DRIVE= ORDINANCE (FIRST READING), #AB92-091
Resolution No. 2382 was passed by Council on March 11, 1992,
setting the date of this hearing for the final assessment for
L.I.D. No. 325 Lakehurst Drive. The L.I.D. was approved by
Ordinance No. 4338.
Jan Stemkoski, Assistant City Engineer, provided a brief
history of previous actions taken:
(1) March 29, 1991, the residents submitted a petition that
the Lakehurst Drive south of Cedarwood Drive be paved. The
petition was signed by 56.6% of owners based on total area.
(2) April 10, 1991, City Council accepted the petition and
approved preparation of the preliminary Assessment Roll.
(3) July 10, 1991, pass Resolution #2353, setting the hearing
date for the L.I.D. Ordinance.
(4) August 7, 1991, a public hearing was held and L.I.D.
Ordinance #4338, establishing L.I.D. #325, was approved and
construction was authorized to proceed.
(5) September 23, 1991, construction began.
(6) November 22, 1991, street was paved.
(7) February 12, 1992, all construction completed at a total
cost of $79,400.
(8) March 11, 1992, Council passed Resolution #2382, which set
the hearing date for the Final Assessment Roll.
At this time Council is requested to approve Ordinance
confirming the Final Assessment Roll and allows the City
Treasurer to collect the funds from the residents included in
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the district.
John Ravenkamp, 1365 East Lake Drive, stated his property
joins Lakehurst Drive on the back side and he questioned if
his billing of $3,000 was due in "one lump payment" or would
he be able to enter into an agreement with the City to pay it
off in smaller payments. Mr. Dawkins pointed out the L.I.D.
provided for repayment within three years at the rate of 11/%,
or a lump sum payment. Mr. Johnson noted it would probably be
to the benefit of the residents to obtain private financing
through some other means as the City tries to stay away from
"private" banking unless there is no other way to carry out
such an action.
Lillian Fitzwater, 525 Lebo, stated she has 500 ft., along
Lakehurst Drive and questioned why she is being assessed
$15,000. She noted she has a "swampy" area on her side of the
road and questioned why she would be assessed a fee for an
area she cannot use.
Kathleen McCluskey, City Clerk, read letters into the record
from Marijo Anderson, 1331 East Lake Drive and Ann Fitzwater
Galla for Lillian Morken Fitzwater. Their concerns are as
follows: (1) Marijo Anderson believes she is a hardship case
due to being on a low income and she does not access her
property off Lakehurst Drive; (2) Lillian Fitzwater is senior
citizen on a fixed income and she objects to the drainage
problem created on her property since Lakehurst Drive was
originally built.
President Hotton stated two property owners have objected due
to their not having an ingress or egress onto to Lakehurst
Drive. According to the City Attorney's memo, property that
receives no benefit from a local improvement may not be
assessed. Mr. Stemkoski explained Marijo Anderson does have
a grass driveway onto Lakehurst. Even if someone does not
presently have a driveway onto lakehurst, when the property is
developed they will benefit from the road.
Mr. Waibel questioned if all construction had been completed
and if a drainage problem existed.? Mr. Stemkoskl stated all
construction is complete. In reference to any drainage
problems, at the time the roadway was originally constructed
it may have caused damming up of natural drainage areas along
Mrs. Fitzwater's property and the property next to her. There
are two culverts and rainwater does drain through the culverts
but there is water seeping out of the hillside that
contributes to the swampy condition. Mr. Walbel questioned if
through the construction the City actually improved the
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April 8, 1992
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potential drainage? Mr. Stemkoski explained they graded the
edges of the road and did not create a definite ditch whereby
water drains along the edge of the road into the two culverts.
Quarry rock was placed at the entrance of the culverts so that
mud would not flow into the culverts. He noted there had been
several substantial storms since the culverts were improved
and they do carry off the rainwater adequately. Because of
the seepage it is still wet and mucky along one side of the
road. Part of the swampy area is still within the City's
right-of-way. Lastly, the improvements to the roadway and
culverts did improve what was in place prior to construction.
Mr. Dawkins questioned the roadway width? Mr. Stemkoski
explained approximately 20 feet with a 60 ft. right-of-way.
Mr. Colvin questioned if Mrs. Fitzwater agreed to the L.I.D.?
And, he questioned the fact that Mrs. Fitzwater's land was
unusable because of the drainage problem? Mr Stemkoski stated
Mrs. Fitzwater did not sign the petition. Currently, her
property is undeveloped, however, she can use the road and
when that property is developed, driveways can be built onto
that road. Mr. Colvin questioned if that property was
buildable? Mr. Stemkoski stated he assumed so. President
Hotton stated based on the zoning, there appears to be several
lots that could be developed and would gain the benefit of
that road improvement even though she may not have it at this
point.
Mrs. Fitzwater stated currently her property is called "prime
property" and her taxes are over $2,000. The only way she can
pay for the L.I.D. assessment is to sell a piece of her
property. She borders Dockside, which was also a swampy area
that was developed.
Mr. Johnson stated he was not sure Mrs. Fitzwater's property
is developable andquestioned if it is not developable does it
change the method of assessment? He questioned how does one
improve a wetland by putting a roadway in? In years past
someone could just put in drain tile and drain the water off,
however, now property owners have to mitigate in some way to
replace wetlands. Ian Sievers, City Attorney, stated if a
property is identified as wetland in the official land use
regulations for the property reflected in overlays, such as
environmental sensitive area or some kind of restriction on
the normal density allowed on that property, that could be
reflected in the formula the City uses. Mr. Johnson stated
the City is going through that process and it is pieces of
property like Mrs. Fitzwater's that will probably make the
list. Mr. Sievers stated what the City has to go on now is
that it has not been differentiated from other properties and
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Page 16 of 17
probably should not be. She could apply for a Building Permit
tomorrow and develop the lots. If that development was for
single family residents, there would be no SEPA requirements
and such wetlands would not be identified for granting the
building permit. As of today, it should not be differentiated
and given some discount of the footage assessment. Mr.
Johnson stated that was a legal answer but it seemed
illogical. The City should protect wetland...it looks like
and smells like wetlands. Mr. Slevers stated a lot of the
wet, swampy land is within the City's right-of-way and a lot
of the ponding is on some extra right-of-way along the road.
President Hotton questioned how much property is in back of
the wetland that could be potentially developed and perhaps
have a driveway to the south or north side going around the
wetland. Mr. Johnson stated it was not his intention to
exempt the whole piece of property, however, he questioned if
there was an area that was truly a wetland and could not be
developed what could the City do about it? Mr. Slevers stated
the L.I.D. assessment method is not to be precise and fine
tuned for every single property and admittedly is a crude
method. Maybe a property would be
identified with another Osprey nest, it would not be taken
into account under this process.
Mr. Overson emphasized prime property in that amount in the
City is going for 1/2 million dollars or more. A road to such
property would be a prime access road and is worth $15,000,
assuming that the parcel is not totally unusable property.
Mr. Colvin expressed concern that Mrs. Fitzwater is presently
not receiving a benefit from the road. President Hotton
stated Mr. Colvin was making an assumption. Mr. Walbel stated
it was not apparent to him that the improvement road was not
a benefit. Mr. Sievers pointed out Mrs. Fitzwater's statement
was that the site was "prime property" and she would have to
sell off a lot in order to pay for the L.I.D. assessment.
There are certain disadvantage exceptions where an elderly
person on low fixed income can defer L.I.D. assessments all
together and the State pays the City, which Mrs. Fitzwater may
qualify for. But the point is if the City made her property
valuable and if she has to sell off a piece that is probably
appropriate. Mr. Overson pointed out there were other
options. Mr. Dawklns questioned if Council could make a
special exception? Mr. Slevers stated no. Kathleen
McCluskeV, City Clerk, explained Mrs. Fitzwater can finance
the cost of the assessment through a private banking
institution under 11% and for a longer period of time.
#1283 M/S/C(Waibel/Collins) to approve and confirm Assessment Roll.
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April 8, 1992
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Vote:
In Favor:
Opposed:
Overson, Fitz, Waibel, Horton, Collins,
Dawkins, Johnson
Colvin
With no further business meeting adjourned at 8:00 PM.
KA LEEN L. McCLUSKEY, City Clerk
, Council President
City of Bremerton
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