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.