RES 97-26 MEDIATION OF DISPUTE OVER USE OF ROAD END ON FLETCHER LANDINGRESOLUTION NO. 97-26
A RESOLUTION of the City Council of the City of Bainbridge Island,
Washington, relating to Fletcher Landing road end, and authorizing
mediation of the dispute regarding ownership and use of the road
end and use of the adjacent tidelands.
WHEREAS, by Resolution No. 92-35 adopted August 6, 1992, and Resolution No. 96-44
adopted November 7, 1996, the City Council found, among other things, that access to public
shorelines is limited, that public use of and access to the shoreline is a high priority, that a City
goal is to protect and enhance public access to the shoreline, and that public road ends are a
valuable and protected resource for access to the shoreline; and
WHEREAS, by the same resolution, the City Council established a Road End Committee
to examine and evaluate public road ends and to recommend use of and improvements to the
road ends; and
WHEREAS, the City Council affirms Resolutions No. 92-35 and No. 96-44 by finding
again that public access to the shoreline is a goal and high priority of the City and that public
road ends are a valuable and protected resource for access to the shoreline; and
WHEREAS, in the Spring of 1996, the Road End Committee held informational meetings
regarding the Fletcher Landing Road End ("Road End") and the fidelands adjacent to it; and
WHEREAS, the owners of the second class tidelands adjacent to the Road End have
erected a fence across the edge of the Road End, blocking access to the tidelands and the water;
and
WHEREAS, these owners maintain that the portion of the Road End abutting the
fidelands is a private road and the public does not have access to the water over the tidelands,
while many City citizens maintain that the Road End is a city street and the fidelands are both
held in public trust for access to the water and became a street extension decades ago by public
use; and
WHEREAS, after two meetings with persons interested in the Road End and the
tidelands, the mediator concluded that the legal issues must be clarified first, and recommended
that the Road End Committee issue an invitation to all persons to submit documents and
information relating to the Road End and tidelands; and
WHEREAS, after receiving the mediator's recommendation, the City Administrator
issued a request for interested persons to submit pertinent documents and information; and
WHEREAS, to gather as much information as possible regarding use of the Road End
and the tidelands, the City hired Judith Hartstone to prepare a report on the history of the Road
End and tidelands since statehood, focusing on establishment and usage of the Road End and
commercial and social usage of the fidelands; and
WHEREAS, based on the Hartstone report and other facts and information, it appears
that the Road End is a public street, and that the public has obtained a prescriptive easement
(right of access) over the tidelands; and
WHEREAS, the City Council understands that the state constitution guarantees to the
citizens of the State the right to use and enjoy the navigable and tidal waters of Puget Sound and
that recent Washington State supreme Court cases can be interpreted as including within such
right the opportunity to cross tidelands to use and enjoy such navigable and tidal waters; and
WHEREAS, the City Council believes that all avenues of resolving the dispute should
be exhausted before the City considers filing a lawsuit to have the status of the Road End and
tidelands resolved; and
WHEREAS, using a former judge or justice of the Washington courts to mediate both
the factual and legal issues in dispute may lead to a settlement of the matter; now, therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAINBRIDGE
ISLAND, WASHINGTON, AS FOLLOWS:
Section 1. The City Attorney is authorized and requested to arrange for mediation of the
Fletcher Landing Road End dispute, as described in the recitals herein, by a former judge or
justice of the Washington courts as soon as possible, preferably within 60 days of the adoption
of this resolution. The City Attorney further is authorized to enter into a contract with the
selected mediator for mediation services, which shall be paid for entirely by the City.
Section 2. If mediation cannot be arranged within 21 days of the adoption of this
resolution, the City Attorney is requested to place this matter on the agenda for the following
meeting of the City Council.
PASSED by the City Council this 18th day of September, 1997.
APPROVED by the Mayor this/q~day of September, 1997.
ANDREW W. MARON, Mayor Pro tempore
ATFEST/AUTHENTICATE:
SUSAN P. KASPER, City Clerk
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO. 97-26
September 18, 1997
September 18, 1997