Loading...
HomeMy WebLinkAbout06/27/77 COUNCIL MINUTES June 27, 1977 An open meeting was held in the City Council Chambers June 27, 1977 at 1:45 P.M. for the purpose of holding settlement discussions between the City Council, Mercer Enterprises and representatives from the Kitsap Lake Environemental Association. Present were Mayor Jarstad, Commissioner Stewart, Commissioner Schoneman, City Clerk Yeadon, Asst. City Attorney Haberly and a representative of the press. Clerk read copy of a letter sent to Mercer Enterprises, dated June 20, 1977, signed by Willlam A. Seidel, Vice president of the Kitsap Lake Environmental Association, which stated that the Mercer Enterprises' request for a meeting to present their Forest Ridge 276 condominiun unit proposal would serve no useful purpose; that the Kitsap Lake Envornmental Association membership has already recorded their opposition to this project or any project not complying with City Ordinances. He then read letter addressed to Gary Sexton, dated May 5, 1977, from Jerome L. Hillis, attorney for Mercer Enterprises, which proposed a settlement to dismiss the lawsuit and release the City from any and all damages which have occurred as a result of the delay in the issuance of the building permit; that the City would agree to issue a building permit pursuant to revised plans which have been filed with the City providing for total develop- ment of 276 units on the subject property. The letter stated further that if this matter is not resolved, Mercer Enterprises will seek summary judgment at the earliest possible date available. Jerry Hillis, attorney for Mercer Enterprises, spoke about the lawsuit and explained the background. He explained what their proposal was and stated they had attempted to meet with the Kitsap Lake Environmental Association but were unsuccessful. He stated they are willing to build 276 units on a little over 50 acres of land, which will make it about 9 units per acre. Ife gave the legal background and stated that never in the history of the State of Washington has a property owner lost a case like this. He stated further that they are not :interested in securing damages from the City; that they only want to develop the project. He cited two cases which were ruled in favor of the property owners: Hull v. Hunt, 55 Wn. 2d 125, 130, 531, P.Sd 856 (1958) and State ex ple. Klappsa v. City of Enumclaw, 73 Wn. 2d 451, 439 P.Sd 246 (1968). Commissioner Stewart stated they have not had a chance to talk to the City's lawyers and Mr. Hillis explained this meeting was just to discuss the settle- ment and then give the City a chance to decide what to do. Commissioner Schoneman and Mr. Hillis spoke at length about the plans and issuing a building permit. Mr. Sexton entered at this time. Ann Maloof, Rt. 1, Box 1740, spoke as the representative of the Kitsap Lake Environmental Association. She read a letter in opposition to the project, giving several reasons for opposing it, and left it on file with the City Clerk. Bill Amo, 238 Willow, spoke about the application Mercer Enterprises submitted and stated he thought it was their intention to use the lower portion of property to make it 9 units per acre, but the density would actually be much higher. Mr. Sexton explained that their plan originally called for less than 9 units per acre on the lower portion and the upper portion had 13 or 14 units per acre; but prior to the passage of the ordinance a new plan was resubmitted that complied with 9 units per acre on each and every acre. Doug Booth, 1532 East Hope, encouraged and requested that the City Council do everything within its power to take the full course of all legal actions that are available to stop this development that is not wanted by the people of this City. Commissioner Stewart stated again that this is simply a legal question and the Council has to confer with the City Attorney and decide what to do. Mayor Jarstad spoke about his desire to keep this property R-1 for single-family dwellings and duplexes; stated he would like to keep Kitsap Lake as natural and pollution free as possible. Meeting adjourned at 3:30 P.M.