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CITY COUNCIL MINUTES
December 8, 1976
Regular meeting of the City Council of the C:ity of Bremcrton, Washington,
was held in the City Council Chambers, City Hall, 239 Fourth Street, on
Wednesday, December 8, 1976, at 9:20 A.M., PST, with Mayor Jarstad pre-
siding. Also present were Commissioner Stewart, Commissioner Schoneman,
City Clerk Yeadon, Assistant City Attorney McCluskcy, and a member of
the press.
Meeting was opened with Pledge of Allegiance and invocation was given by
Rev. Hal Staats of the Summit Presbyterian Church.
HEARING ON REVENUE SHARING PROPOSED BUDGET
City Clerk stated he had advertised this hcaring and published a copy of
the 1977 Proposed Budget For Use of Federal Revenue Sharing Funds; that
no written comments had been received. There was no one present to discuss
the proposed budget with the City Council.
Motion by Mayor .Jarstad and Commissioner Stewart to approve the proposed
budget as presented to the City Council. Under discussion: Mayor Jarstad
stated all Revenue Sharing Funds have been used mn the General Funds; no
Revenue Sharing Funds have been used for any new purposes and all uses
are proper. Motion carricd unanimously.
DOG CATCHER
Clerk stated he had been asked by the Humane Society Manager if the City
wished to continue with the special budget for rounding up dogs and using
the City Van for this purpose. A lengthy discussion was held concerning:
(1) whether the City should discontinue this particular service; (2) attempt
to find someone more aggressive; or (3) go on a month-to-month basis.
Mayor Jarstad favored working within the organizational structure of the
Humane Society; Commissioner Stewart favored an aggressive program not
necessarily within the Humane Society structure; and Commissioner Schoneman
suggested terminating the structure, keeping the money budgeted and making
it known the intention is to try and get someone else.
Motion by Mayor Jarstad and Commissioner Stewart that the City continue
with the present animal control through the Humane Society and place it
under a contract that can be discontinued on 30 days notice by the City
of Bremerton, carried unanimously.
MINUTES OF DECEMBER l, 1976
Clerk read minutes of December 1, 1976. Mayor Jarstad ordered the minutes
approved as read.
NOTICES OF EMPLOYMENT
Mrs. Joann B. Proctor, Wastewater Dept., $4.00 per hr., extra help, effective
12/8/76; Charles William Buell, Parks a Recreation Dept., Part-time Play
Leader, $5.50 per hr., effective 12/8/76; Ronald Lloyd Richardson, $3.00 per
hr., Parks a Recreation Dept., Part-time Play I,eader, effective 12/8/76;
Phillip M. Best, Municipal Court, Judge Pro-Tempore, $9.43 per hr.; Gary A.
Cunningham, Municipal Court, Judge Pro-Tempore, $9.43 per hr.; Bruce G.
Martin, Municipal Court, Judge Pro-Tcmpore, $9.43 per hr; and Lawrence E.
Soriano, Municipal Court, Judge Pro-Tempo]e, $9.43 per hr.
Motion by Mayor Jarstad and Commissioner Stewart to approve the notices of
employment, carried unanimously.
PAYROLL VOUCHERS
Claims Fund, Company FICA and Bank Service Fees, $4,176.04; and Salary Funds,
Gross Payroll Nov. 15 through Nov. 28, 1976, $143,577.80, both audited by
John R. Ross.
Motion by Mayor Jarstad and Commissioner Stewart to approve Payroll Vouchers,
carried unanimously.
CITY COUNCIL MINUTES
December 8, 1976
Page two
APPLICATION FOR TAXICAB DRIVER LICENSE
Gary Lee Waddington, approved by Police Dept.
Motion by Mayor Jarstad and Commissioner Stewart to approve the application
for taxicab driver, carried unanimously.
SURPLUS TYPEWRITER
Clerk read memo from Mayor's Office, dated Dec. 3, 1976, requesting that a
surplus typewriter be transferred to the Commissioner of Public Work's Office.
Motion by Mayor Jarstad and Commissioner Stewart to declare typewriter surplus
and transfer to Public Work's Office, carried unanimously.
CALL FOR BIDS - CABPET FOR MAIN 0EFICES, FIRST FLOOR, CITY HALL
Clerk read memo dated Dec. 6, 1976, requesting a call For bids for carpeting
the main offices, First floor, City Hall.
Motion by Mayor Jarstad and Commissioner Stewart to call for bids and charge
it to the Cumulative Reserve for General Municipal Purposes Fund. Under dis-
cussion: Commissioner Stewart stated the approximate amount needed is $4,000.00.
Motion carried unanimously.
WARREN AVE. AT 16th ST. CHANNELIZATION FAM-M-5487(2)
Clerk read memo from City Engineer, dated Dec. 7, 1976, which stated that the
Warren Ave. at 16th St. Channelization FAM-M-5487(2) project has been completed
and recommending acceptance of the project.
Motion by Commissioners Schoneman and Stewart to accept project as complete,
carried unanimously.
WHEATON WAY AT SYLVAN IMPROVEMENT
Clerk read memo from City Engineer, dated Dec. 7, 1976, which stated that the
plans and specifications for the Wheaton Way at Sylvan Improvement project
are in the hands off the State IIighway Dept. and Federal Dept. of Transporta-
tion, and requesting permission to advertise for bids as soon as authorization
to proceed is received from the State Highway Dept.
Motion by Commissioner Schoneman and Mayor Jarstad to call for bids when proper
time arises and get clearance, carried unanimously.
WHEATON WAY 5th LANING (BROAD ST. TO RIDDELL RD.) RIGHT-OF-WAY
Clerk read memo from City Engineer, Dated Dec. 7, 1976, which stated that
additional right-of-way for' the Wheaton Way 5th Laning Right-of-Way Project
is needed only for sidewalks, curb returns, and signal pole locations; that
deeds or letters of agreement are in the mail to cover all right-of-way for
full improvement from the south line of Hollis St. north except Pot four
parcels for which the owners opted to receive compensation in accordance
with PAM regulations. It further requested authorization to proceed with
ihc purchase of these four parcels of right-of-way, which total $20,200.00.
Motion by Commissioners Schoneman and Stewart that authorization be given to
proceed with the purchase of four parcels off right-of-way totaling $20,200.00,
carried unanimously.
10:00 A.M. - PUBLIC RECOGNITION
Dr. John Arkins, 1514 Eastlake Dr., read and presented a letter for file
from the Board of Directors, Kitsap Lake Environmental Association, dated
Dec. 4, 1976, requesting the City Council initiate appropriate action to
repeal City Ordinance 3210 amending the Zoning Ordinance i792. It further
stated that this request for repeal js a direct protest to the multiple
dwelling units known as Forest Ridge Condominiums that are currently planned
for construction in an R-1 zone within the Kitsap Lake Basin. City Clerk
advised him that this subject would be discussed at the evening recessed
Council Meeting in connection with Sheridan Park Neighborhood request For
returning the ordinance to the Planning Commission for hearing.
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CITY COUNCIL MINUTES
December 8, 1976
Page three
COMMISSIONERS' REPORTS
Commissioner Stewart:
Received proposal from Cascade Trailways to operate the City Transit; met with
the president of the company yesterday afternoon; thinks it is a proposal that
will have to be looked at. He does not believe that the bus system will be
able to pay for itself even with a $1.00 houschold tax. Has had the contract
looked at by a CPA who is critical of the contract because it is based on
overhead costs and if BCT increases their business, the overhead goes up and
it costs the City more. lie believes the City should negotiate a new contract
this coming year. Has asked the City Treasurer and City Auditor to bring in
an ordinance to amend the budget in the amount of $50,000.00 to continue the
bus operation. May have to talk about an increase in fares as well. He
would like some Feelings from the City Council on the proposals. Has talked
to Commissioner Gene Lobe that unless the City receives household tax from
county people, service will be discontinued. Also may consider raising rates
out in the county. Concerned about the length of time it takes to get the
area identified in Navy Yard City. tie is not sure the people want a big bus
service running with 29 buses and maybe he should cut down the bus service
in addftion to raising rates. The proposal he has received is not exactly
the type of contract he would like, but would rather have one based on mileage
with a different amount for the Navy Yard one-time runs.
Commissioner Schoneman commented the City has the taxpayers' approval to increase
to $1.00. Mr'. Stewart stated this would not cover the costs. He stated he
had to put a budget together for next year; that he had asked for figures
From the bus company and did not get them when requested. Mr. Schoneman stated
consideration should be given to any proposal that would do the transportation
for less and give service.
Mayor Jarstad stated the City Council negotiated a contract when the City
took over' the bus operation and at the time, it was one of the finest contracts
going into a system in the State of Washington. It was the lowest mileage and
least subsidy than anyplace in the state of Washington. The City is taking
in more in fare box revenue by percentage than most bus operations.
BCT has some of the finest maintenance mechanics and has courteous drivers who give good service.
Mayor Jarstad discussed the possible use of sales tax revenue and stated the bus
service should be continued until the people get an opportunity to vote. If
the sales tax vote was favorable, the household tax would be eliminated.
Commissioner Stewart stated management has been very slow in changing routes
to increase ridership. He cited figures from other cities who are operating
their own transit.
Commissioner Schoneman:
1. Rain is a blessing; need quite a bit more. The water behind the dam has
dropped to a low point since last February; however, the lack of rain assisted
in getting Transmission Line #3 installed. Pipe is undergoing flushing and
pressure testing. Will be looking at an extension of another 6,000 ft. of
smaller line to the freeway intersection at Kitsap Way where this can be
brought directly into the system. Waiting for new reservoir in the Kitsap
Lake area.
2. This afternoon at 2:00 P.M. the State Highway Dept. will bring a Film
to be viewed by anyone who wishes to attend in connection with the use of
barriers.
3. Just about finished the timber harvest, $94,342.00 received. Presently
building roads throughout the watershed and especially to stands of timber
that have not been harvested. Will be a yield in 5 years, about twice as
much revenue from timber harvest. Will be taking in about $200,000.00 per
year at that time.
4. Continuing the thinning process in the small 9-hole golf course, particularly
on f'airways 7, 8, and 9. Scrap materials that cannot be sold commercially
will be made available to the public as was done previously.
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CITY COUNCIL MINUTES
December 8, 1976
Page four
5, Had a meeting with the Library Board offering use of a basement area
for Senior Citizen activities in their new building, City to pay construction
cos~. Some of the questions were: Who is on the site committee and what is
happening ]n this area, and when can it be anticipated there will be a new
fire hail and swimming pool? He asked to be brought into the site committee,
that he has some suggestions for the site committee studying the swimming
pool location. Mayor Jarstad stated that the bonds havc been authorized for
sale and then proper applications will be submitted to receive funds from
IAC for outdoor Funding, which must be submitted by May 1. Probably looking
at award date of September for the Activity Center. There will be some public
hearings regarding the site selection. There will be discussions in the
school district about consolidation of schools which may have an effect on
the site location. Mayor Jarstad assured Mr. Schoneman he would be part of
that committee and ultimately it will be the City Council's decision. Park
Board has been interviewing leading architects in the business of swimming
pools and they have picked what they feel is the best qualified firm and
will be discussing this with the City Council. The site committce came up
with the No. 1 proposal, East Side near school, and No. 2 was Roosevelt
Field site but nothing definite has been decided. Commissioner Schoneman
stated he felt the best site would be the Coontz School site.
Mayor Jarstad:
1. Complimented Mr. Stewart on his hard work and effort on the public trans-
portation issue; he has been innovative, factual and hard-headed, for example,
going into taxicab service.
2. Seat cushions on the first four rows of Council Chambers will be installed
shortly.
3. Reported on the lengthy collective bargaining session held yesterday with
the Firefighters Association and City Council's consultants and arbitrator.
It was a fair and excellent presentation; hope to have a decision by Dec. 22.
ORDINANCE - REFUNDING BONDS PARKING FACILITY
Clerk presented Ordinance No. 5527, "AN ORDINANCE of the City of Bremerton,
Washington, providing for the issuance of $755,000.00 par value of "City of
Bremerton Parking Revenue Refunding Bonds, Series 1976," for the purpose of
providing the funds to redeem $740,000.00 par value of its outstanding" City
of Bremerton Parking Revenue Bonds" dated November 1, 1970; fixing the date,
Form, denomination, maturities, interest rate, terms and covenants of such
refunding bonds; providing for and authorizing the purchase of certain obliga-
tions of the United States of America out of the proceeds of the sale of such
refunding bonds and for tbe use and application of the moneys to be derived
from such investment; providing for the redemption on November l, 1987, of the
then outstanding "City of Bremerton Parking Revenue Bonds" dated November 1,
1970; authorizing the execution of an agreement with Seattle-First National
Bank, Seattle, Washington, as Refunding Trustee; confirming the sale and
providing for the delivery of the refunding bonds to First Washington Corpora-
tion, Seattle, Washington; and declaring an emergency." Mr. Jack Shirley,
who is handling the bond refunding program, was present.
Commissioner Stewart stained that this ordinance was prepared by Bond Attorney
Gay; that he had asked specifically if there was any risk to the City; that
the City can refund again at a future time. Mr. Stewart stated he wanted a
letter from Mr. Gay and from Mr. Shirley stating that there was no risk in
this refunding process to the City. Mr. McCluskey stated he had reviewed the
Ordinance and Agreement but he wasn't going to give an opinion and wasn't
going to take responsibility because when the City hired outside bond counsel
and had Mr. Gay's opinion, City Counsel should rely on his opinion and not
Mr. McCluskey's opinion; that Mr. Gay gets paid out of the refunding for his
legal advice and as a specialist in the area, the City Council can rely on
his opinion. Mr. Shirley stated he believed Mr. Gay would give the City a
letter to the effect there is no risk to the City. Mr. Shirley stated that
Mr. Gay could write a letter regarding laws in effect today, but it is possible
that a law could be passed that could affect the bonds in the future.
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CITY COUNCIL M1NUTES
December 8, 1976
Page five
Mr. Stewart stated he wanted a letter assuring that the City has taken a step
in the right direction. Mr. Shirley stated this is as clean a refunding as
he has seen in years. Mr. Stewart asked for a letter from Mr. Shirley also.
Mr. Stewart stated he has been told these things already and the ordinance
is being passed on emergency due to time element involved in the refunding.
Motion by Commissioner Stewart and Mayor Jarstad to pass Ordinance No. 3527
on first reading, by title only, carried as follows: Mayor Jarstad, Yes;
Commissioner Stewart, Yes; Commissioner Schoneman, Yes.
REFUNDING BOND AGREEMENT
Clerk presented agreement between City and Seattle First National Bank called
the "Refunding Trustee".
Motion by Commissioners Stewart and Schoneman to approve the agreement and
authorize the Mayor and City Clerk to sign for the City, carried unanimously.
VACATION OF HOULE STREET
Clerk read memo from City Engineer, dated Dec. 6, 1976, stating that when the
City vacated their interest in an Easement on Houle St. in the Qualheim Hill
area a portion was inadvertently omitted; that it is believed it was the
City's intention to vacate interest in the street easement on Houle St.
from the south margin of Kean as now exists to the southwest margin on Hartberg
St. as existed in 1966. Asst. City Attorney McCluskey stated that a petition
was needed to obtain a vacation.
Motion by Commissioner Schoneman and Mayor Jarstad to obtain a petition,
carried unanimously.
SET HEARING DATE - SHORELINE MANAGEMENT SUBSTANTIAL DEVELOPMENT PERMIT - WOWARAS
Clerk read memo Prom Asst. City Planner requesting hearing date for' Substantial
Development Permit/Wowaras be set for Dec. 22, 1976.
Motion by Commissioners Schoneman and Stewart to set hearing date for 11:00 A.M.,
Dec. 22, 1976, carried unanimously.
PROPOSED HUD BLOCK GRANT APPLICATION FOR 1977
Clerk read memo from Grants Administrator, dated Dec. 3, 1976, stating that
the required public advertisement will appear in the Bremerton Sun on Dec. 4,
1976, allowing for the necessary time period of 10 days prior to the first
public hearing; that the charges for the advertisement will be shared with
the Kitsap County Grants Administration; that the dates and times for the 2
bearings are Dec. 15, 1976 at 7:0O P.M. and Dec. 22, 1976 at 10:00 A.M.
Motion by Mayer Jarstad and Commissioner Stewart to set hearings for these
dates, carried unanimously.
STATEMENT OF CANVASS
Clerk read Statement of Canvass from the Ellection Board of Kitsap County,
dated Nov. 22, 1976, certifying that Proposition No. 1 passed with the necessary
60% YES votes and Proposition No. 2 passed with the necessary 50% YES votes.
Mayor Jarstad asked Clerk to get precinct count on this election.
NAVY WATER/SEWER CONTRACT
Clerk reported that the Western Division Office is working on evaluating the
government audit and will be arranging a meeting about the middle of December
with City officials. Mayor' Jarstad reported that sometime in the future, the
Navy will be treated the same as far as rates are concerned as any heavy
industrial user; that this will come from a federal law.
SAFETY COMMITTEE
Clerk read letter from Safety Specialist, Great American Insurance Co., dated
Nov. 29, 1976, stating that Defensive Driving Training Course should be con-
sidered top priority so all City drivers will have completed this course; that
the accident review rcvcaled no vehicle accidents during the past month; that
the ageads for the Dec. 16, 1976 meeting should include progress of Defensive
Driving Course Training, supervisor's information for scheduling the one remaining
First Aid Course, and formulating plans to establish the Safety Organization
objectives for 1977.
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CITY COUNCIL MINUTES
December 8, 1976
Page six
APPLICATION FOR CERTIFICATE OF COMPLIANCE - TV
Clerk read letter from Shirley A. Marbin, Staff Assistant for Community Tele-
Communications, Inc., dabed Nov. 25, 1976, stating that Nation Wide Cable-
vision, Inc. has applied for authorization to add additional television signals;
that a copy of application should be placed in the City's public files and be
made available for inspection to any member of the public.
RESOLUTION N0. 1694
Clerk read resolution No. 1694, "RESOLUTION authorizing the filing of a pie-
application with the Department of Housing and Urban Development, United States
of America, for Comprehensive Planning Assistance under Section 701 of bhe
Housing Act of 1954 as amended."
Motion by Mayor Jarstad and Commissioner Stewart to pass Resolution No. 1694,
carried as follows: Mayor Jarstad, Yes; Commissioner Stewart, Yes; Commissioner
Schoneman, Yes.
ORDINANCE N0. 3328
Clerk read Ordinance No. 3328, second reading, "AN ORDINANCE accepting and
incorporating into the corporate limits of the City of Bremerton certain lands
lying outside the limits of the City of Bremerton and being contiguous to the
City of Bremerton."
Motion by Mayor Jarstad and Commissioner Stewart to pass Ordinance No. 3328,
carried as follows: Mayor Jarstad, Yes; Commissioner Stewart, Yes; Commis-
sioner Schoneman, Yes.
ORDINANCE - FIRST READING CORRECTION ORDINANCE
Clerk read, first reading, "AN ORDINANCE repealing Ordinance 525, Sections 11,
13, 14, 15 and Ordinance ~25, Section 20, as amended by Ordinance 1979, Section
1.
Motion by Commissioner Stewart and Mayor Jarstad to approve ordinance on first
reading, carried as follows: Mayor Jarstad, Yes; Commissioner Stewart, Yes;
Commissioner Schoneman, Yes.
REVOCABLE EASEMENT - FIRST STREET DOCK
City Clerk stated that the Revocable Easement on the First Sbreet Dock from
the Port of Bremerton had expired and he had asked the City Attorney to draw
up a new one for presentation to the Port District. If the Port District
felt they want the City to have an easement, they will have their Board approve
it.
Motion by Mayor Jarstad and Commissioner Stewart to present the Revocable
Easement to the Port District for their consideration, carried unanimously.
BILLS
Motion by Commissioner Stewart and Mayor Jarstad to give blanket approval to
voucher 4878 and vouchers 4880 to 4961 inclusive in the amount of $68,815.50,
audited by John R. Ross, carried unanimously.
Meeting recessed from 11:40 A.M. till 7:00 P.M.
Recessed meeting of the City Council was called to order at 7:0~ P.M. in the
Council Chambers, City Hall, 239 Fourth Street, Bremerton, Washington, on
Wednesday, December 8, 1976, with Mayor Jarstad presiding. Also present were
Commissioner Stewart, Commissioner Schoneman, City Clerk Yeadon, and Asst.
City Attorneys Sexton and 0lsen.
TAPE #95 HEARING - INTERPRETATION OF TIIE 9 DWELLING UNITS PER ACRE - 0RDINANCE 5210
(5182) (As it pertains to Lance Haynes)
City Clerk stated he had advertised, posted, and mailed letters as required
by the zoning ordinance. Clerk read minutes of Planning Commission, dated
Nov. 16, 1976 concerning "9 dwelling units per acre". He then read Asst.
City Attorney 0lsen's letter of Dec. 6, 1976} a letter dated Dec. 5, 1976,
signed by Lloyd and Niva Valentine, owners of lots 32 and 33, First Addition
of Sheridan Park, urging City Council to approve the request of Lance Haynes
Construction Co. to build the planned units; the last part of a letter signed
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CITY COUNCIL MINUTES
December 8,1976
Page seven
by Glenn Garrison, attorney for Lance Haynes, starting with the section
entitled, "Law applicable to the appeal"; and a memo, dated Nov. 18, 1976,
to the Planning Dept. from the City Engineer giving information concerning
pete tests and sanitary sewer systems. It was noted there are other pieces
of correspondence in the file, but the clerk was not required to read them.
Mr. Sexton gave an opening statement concerning the purpose of the hearing,
which is to decide the merits of the 9 units per acre interpretation as it
applies to Lance Haynes; that the issue is whether the Lance Haynes project
comes under the 9 units per acre; that the Planning Commission upheld the
Planning Director and the issue is whether the Planning Commission was
erroneous. The hearing opened with some residents asking questions to clarify
the matter to bc discussed. These persons were: William Amo, 238 Willow,
Charles Ullock, 137 Lower Marine Drive, and Lewis Morris, 304 Lebo BIvd.
Commissioner Stewart stated he lived near Willow St. and asked if he should
bc involved with the hearing. Mr. Sexton asked if he owned a single-family
house and he stated he did. Mr. Sexton asked if he had any plans for develop-
ment and Mr. Stewart stated he did not. Mayor Jarstad stated he owned property
in the Sheridan area. Mr. Sexton asked the audience if any citizens had an
objection. There was no indication of objection. Mr. Glenn Garrison, Attorney,
discussed the "appearance of fairness doctrine". Mayor Jarstad asked the
record to show that neither party in this hearing has contacted him privately
on this matter; no neighbor in the area has contacted him privately nor the
petitioners. Commissioner Stewart stated he had been contacted; that one
neighbor called him who was not opposed to the 9 dwelling units per acre and
anothcr said it shouid be repealed. Commissioner Stewart stated the petitioners
did not contact him, neither did Mr. Haynes contact him at any time on this
issue. Commissioner Schoneman stated he had not been contacted.
Lewis D. Morris asked about the mcthod of taking the perc test, which was
answered by Mr. Sohoneman. Meeting recessed at 7:55 P.M. and reconvened at
8:04 P.M.
William Amo was the first person to discuss the issue. Mr. Amo did not agree
that this development is legal under R-1 classification; that it is described
accurately under R-2. Mr. Amo then went point by point through the zoning
ordinance under R-1 and R-2 classifications and definitions and compared
it with Ordinance 3210 to indicate that Ordinance 3210 did not comply with
Ordinance 1792. He discussed sidewalks, set backs, lot lines, and densities.
Mr. Amo's opinion was that the 9 dwelling units per acre Ordinance 3210
contradicts previous zoning rules sct forth in Ordinance 1792 regarding
sidewalks, tot lines, parking, and building heights. He felt these two
ordinances wcrc contradictory. Mr. Sexton was asked to give an opinion
after each statement of Mr. Amo, and discussed the difference between the
platting of propcrty and lot lines as designated in the zoning ordinances.
Richard Wells, 126 Lebo, spoke concerning lot lines, which he believes should
be retained for buildings. Charles Ullock talked about lot size, using a
credit and charge formula.
Considerable discussion was held concerning multiple structures in R-1. The
following people discussed various provisions of the zoning ordinance 1792
and 3210: Jack Mangrum, 320 Willow, Ted Turner, 3517 Monticola Dr. Mr. Lance
Haynes, 1705 John Carlson Rd., the developer, stated his building heights do
not exceed 27 Ft. from garage floor to the roof; quoted from the 1973 Building
Code. He stated the buildings are not marginal in any way and the Building
Dept. can at any time turn down a project if it does not meet the codes.
Further discussions were held by Mr. Sexton concerning the height, Front yards,
and parking in answering points brought up by Mr. Amo and other residents.
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CITY COUNCIL MINUTES
December 8, 1976
Page eight
Mr. Ralph Smith, 2740 Hefner, suggested the buildings could be sold off as
condominiums in the future to take advantage of tax laws and Mr. Sexton stated
the owner would have to reapply to the Planning Commission to do this. Mr.
Smith suggested it would be better to build on separate lots.
Mr. Lance Haynes talked about protecting the neighbors in the construction
of the location of the lots of his proposed project.
Mayor Jarstad announced that after about 15 or 20 minutes of testimony, the
other question concerning the appeal to send the ordinance back to the Planning
Commission for hearings would be taken up For discussion.
Doug Booth, 1332 East Hope, discussed the question as to how far the Council
feels comfortable in what is written in black and white in relation to the
intent. Mr. Booth discussed whether this project is proper and the question
is not if the zoning ordinance is proper; whether the proposal is a viable
alternative to duplexes and the intent of what was behind the passage of the
ordinance is not being attacked here but just as the ordinance applies to the
project proposed. Ed Mill, 213 Willow, read a statement concerning multi-
family dwellings and discussed the relationship of the 9 units per acre ordinance
to Ordinance 1792. Mr'. Mill discussed the "intent" question. He stated the
Building Dept. would be in violation of the Building Code in issuing a permit
to Mr. Haynes. Mr. Bob Methaul, 2039 Northlake Way, asked to have the R-1
zoning left alone; that many people living in R-2 zones and apartment houses
are looking forward to when they can get out of apartment buildings into
single-family dwellings.
Mayor Jarstad brought up for discussion the request of two petitions that have
asked for a rehearing on the application of the 9 dwelling units per acre now
that it has been in practice for approximately two years; that citizens have
been concerned with the application of the ordinance in connection with large
acreage. tie discussed the proposal of a housing development at Kitsap Lake
in which it has been stated that the building of multi-family dwellings would
amount to about 14 units per' acre because after construction, it has been
stated by the developer that part of the land would be sold off. Commissioner
Stewart agreed the ordinance should go back for hearings.
Motion by Commissioner Stewart and Mayor ,Jarstad to send Ordinance No. 3210
back to the Planning Commission fox' review. Considerable discussion was held
following the motion. Commissioner Schoneman asked some questions concerning
returning the ordinance to the Planning Commission; indicated he was not com-
pletely aware of the application and ramifications of Ordinance 3210. City
Attorney Sexton stated bhat sending back the ordinance to the Planning Commission
has no affect on Lance Haynes; that the Council still has to make a decision;
that his rights were established at the time of filing his application. Mr.
Sexton stated there are other projects that are being considered fox' applica-
tion under Ordinance 3210 and the City Council could call For a moratorium
while the ordinance is under review. tie stated further that the Council could
enact some restrictions on bhc present ordinance which could restrict to three
acres and anything over three acres would go through the Planning process.
This would allow the City Council time to consider larger projects or to take
action if the City Council wanted to restrict projects under this particular
ordinance; if the ordinance simply is referred back to the Planning Commission,
someone could come in and file an application and would be in a legal position,
such as Lance itaynes is now. Mayor Jarstad favored a moratorium so that no
permits would be granted; that the ordinance should go through the Planning
Commission again, get in-put, and put in controls needed to be exercised and
people can decide what they want in an R-1 area. Commissioner Schoneman
agreed it should go back to the Planning Commission as this has opened a can
of worms. Motion carried unanimously.
Motion by Mayor Jarstad and Commissioner Stewart that there be a moratorium
and no permits will be granted. Under discussion: Commissioner Schoneman
commented that jt has been a simple operation to go through zoning process
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CITY COUNCIL MINUTES
December 8, 1978
Page nine
and this ordinance has opened many problems and he would like to see it go
back for rehearings. Motion carried unanimously.
Mr. Jim Buckley, 7826 SE 75th Place, Mercer' island, representative of the
developers for the proposed project at Kitsap Lake, stated that they have
"vested rights" on the development at Kitsap Lake. Mr. Buckley discussed
his company's position as it pertains to their having made application.
Other residents who spoke in opposition were Ted Turner, 3517 Monticola,
Al Colvin, 341 Hill Court, Doug Booth, and William Amo.
Mr. Glenn Garrison referred to his letter which was read in part previously
and stated that no one can deny the project complies with the words of the
ordinance; that he did not find the ordinance to be confusing jn itself; that
the Planning Commission concurred and he had looked at the minutes of the
Planning Commission and found they had decided that Haynes has complied; that
a change in the ordinance should not affect Mr. Haynes, who has bought the
land and platted under what he thought the ordinance stated. Further dis-
cussions were held concerning sidewalks and location of buildings.
Ann Maloof, Rt. 1, Box 1740, asked questions concerning "vested interest".
Mr. Sexton stated that "vested right" is established at the time a person
requests a building permit - filing an application. A person is vested if
he is granted a building permit in accordance with statutory requirements
and in accordance with the ordinance. If there is some error or some manner
in which a person does not comply, he is not entitled to being vested. if
there is an error, he can't correct the error and the ordinance can be changed.
Charles Ullock read from a prepared statement which he Filed at that time with
the City Clerk. Mr. Richard Wells, 126 Lebo, discussed permitted uses and
definitions. Mr. Ed Machinski, 321 Lebo, stated he believed it was the govern-
ment intention when platting this land to reserve it for single-family units.
A considerable discussion was held concerning intent - that Mr. Sexton stated
the Council has the choice of looking back at their intent when passing the
ordinance; that he feels the Council must look at the language to see if it is
clear and not ambiguous; that this matter' has come before the Council on the
question whether there is an ambiguity. If it is not ambiguous, then have to
go back and concur in the ordinance. Doug Booth stated it has been clear that
the intent was 9 dwelling units per acre and that is not the argument. What is
being argued is: Can someone put two structures on one lot? Mr. Sexton
has indicated that the new ordinance does not require these lot lines. The
only persons who can determine this are the City Council. Did the City Council
intend to allow two structures per platted lot? Mr. Sexton commented that the
City does have two structures and has for many years and intent was to allow
that by the City Council. Mayor Jarstad commented in looking at these areas,
he did not think it was the evaluation of the passage of this ordinance
that the City Council was talking about infinity on 9 units per acre. Maybe
limits should have been put in the ordinance and the question is what is the
intent in incorporating 9 units per acre in one area. Mr. Sexton discussed
the question of lot areas, cited the zoning ordinance section 328, and commented
it does not say in there there must be only a building on a lot. Past practice
and common knowledge reveals that there are many places where more than one
structure has been built on a lot or more than one lot has been used for a
structure.
Meeting was recessed at 11:05 P.M. and reconvened at 11:17 P.M.
Mayor Jarstad asked for any new testimony. Mr. ,Jack Mangrum stated he believed
the ordinance ambiguous and does not agree with the terms expressed in it.
He also discussed the decision which the City Attorney has stated must be based
on "intent". He declared that if the City Council's intention was to go in the
way of a monstrosity, then Haynes has a valid application; otherwise, should
vote against it. Commissioner Stewart discussed the possibility of getting
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CITY COUNCIL MINUTES
December 8, 1976
Page ten
another opinion from Municipal Research Council and if the same opinion is
received from them as the City Attorney has given, Mr. Haynes would be granted
the permit. If not, the City could do something else.
Motion by Commissioners Stewart and Schoneman to get another opinion from
Municipal Research Council and if bhe same opinion is received as from the
City Attorney, only one decision could be made, which would be to grant the
permit; if not could do something else. Mayor Jarstad did not feel this was
a proper motion and discussed the need for evaluating the testimony. He
stated there has been considerable discussion about "intent"; that he did
not recall talking about broad areas in the City coming under the ordinance,
but isolated lots that would mix in an R-1 area. He suggested that he would
like to have the motion inclusive. Commissioner Stewart stated the question
is: Has Mr. Haynes done everything legal? If he has, the Council has to
grant his permit. Mr. Schoneman discussed the co-mingling of the two ordinances
and made remarks about the background of the ordinance, that is, how it was
drawn up; that the ordinance was proposed by the Planner, evidentally drawn
up by the City Attorney's Office, approved by the Planning Commission, been
before City Council for two readings, approved and adopted and in all fairness
to Mr. Haynes, be has followed all that is in the ordinance; that from what
he has gathered at this hearing tonight, that the ordinance is clear; however,
he agreed that it was a good suggestion to refer the matter for review and
another interpretation by another attorney. Mayor Jarstad suggested the City
Attorney's Office would review the testimony and if there were any salient
facts, the City Attorney's Office will be expected to inform the Council.
Mr. Sexton's final comments were to state that if the 9 unit per acre ordinance
was intended to allow something similar to this, there is nothing to interpret.
The question is whether it was the City Council's "intent". The original
question was whether the Planning Commission was erroneous in backing the
Planning Director in approving the 9 units per acre; he stated he has had
five attorneys in his office working on this particular problem. Commissioner
Stewart stated he wanted to know about conflicts brought out by the ordinance.
Mr. Morris asked if it was the intent of this ordinance to completely circumvent
the R-1 zone. Commissioner Stewart stated it was not the intent to circumvent
the R-1 zone; to some degree, yes. Motion carried unanimously.
Hearing concluded at 11:35 P.M.
ORDINANCE NO. 5329
Clerk read, first reading, "AN ORDINANCE amending Ordinance No. 3271 as amended
by Ordinances 3278 and 3512 approprialing additional funds For the year 1976,
and declaring an emergency."
Motion by Commissioners Schoneman and Stewart to pass on first reading, by
title only, Ordinance No. 3329, carried as follows: Mayor Jarstad, Yes;
Commissioner Stewart, Yes; Commissioner Schoneman, Yes.
Meeting adjourned at 11:40 P.M.
G. C. Yeadon, Sr.,City Clerk
Approved:
Glenn K. Jarstad, Mayor
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