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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 TAPE #1009 City Council Reg. Mtg. Minutes April 8, 1992 Page 2 of 17 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 TAPE #1009 City Council Reg. Mtg. Minutes April 8, 1992 Page 3 of 17 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. TAPE #1009 City Council Reg. Mtg. Minutes April 8, 1992 Page 4 of 17 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. TAPE #1009 City Council Reg. Mtg. Minutes April 8, 1992 Page 5 of 17 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. TAPE #1009 City Council Reg. Mtg. Minutes April 8, 1992 Page 6 of 17 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 #2054 TAPE #1009 City Council Reg. Mtg. Minutes April 8, 1992 Page 7 of 17 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. TAPE #1009 City Council Reg. Mtg. Minutes April 8, l~z Page 8 of 17 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 TAPE #1009 City Council Reg. Mtg. Minutes April 8, 1992 Page 9 of 17 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. TAPE #1009 City Council Reg. Mtg. Minutes April 8, 1992 Page 10 of 17 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. TAPE #1010 TAPE #1010 City Council Reg. Mtg. Minutes April 8, 1992 Page 11 of 17 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 TAPE #1010 City Council Reg. Mtg. Minutes April 8, 1992 Page 12 of 17 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 TAPE #1010 City Council Reg. Mtg. Minutes April 8, 1992 Page 13 of 17 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 TAPE #1010 City Council Reg. Mtg. Minutes April 8, 1992 Page 14 of 17 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 TAPE #1010 City Council Reg. Mtg. Minutes April 8, 1992 Page 15 of 17 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 TAPE #1010 City Council Reg. Mtg. Minutes April 8, 1992 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. TAPE #1010 City Council Reg. Mtg. Minutes April 8, 1992 Page 17 of 17 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 KLM/LH/me cc: Normal Distribution File/Vault