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HomeMy WebLinkAbout08/31/77 INAPPROVED MINUTES CITY COUNCIL MINUTES August 31, 1977 TAPE #115 Regular meeting of the City Council of the City of Bremerton, Washington, (A) was held in the City Council Chambers, City Hall, 239 Fourth Street, on Wednesday, August 31, 1977 at 9:05 A.M., with Commissioner Stewart pre- siding. Also present were Commissioner Schoneman, City Clerk Yeadon, Asst. City Attorney Sexton and representatives of the press and radio. Mayor Jarstad was not present at the beginning of the meeting. Meeting was opened with the Fledge of Allegiance and invocation was given by Rev. Glen Soule of the Manettc Community Church. MINUTES OF AUGUST 24, Clerk read minutes of August 24, 1977. Commissioner Stewart ordered the minutes to stand approved as read. SEPARATIONS Bruce Berkimer, Wastewater Treatment, Summer Part-timc Help, 8/26/77. Charles Buell, Parks & Recreation, Part-time Playleader, 8/22/77. Motion by Commissioners Schoneman and Stewart to approve separations, carried. NOTICE OF EMPLOYMENTS Elm L. Kvistad, Police Dept., Extra Help, $3.00 per hr., 8/24/77. Scott Allan Corey, Street Dept., Temporary Employee, $3.00 per hr., 8/29/77. Motion by Commissioners Schoneman and Stewart to approve notices of employment, carried. PAYROLL VOUCHERS Salary Fund, Gross Payroll for period 8/8/77 through 8/21/77, $199,399.18; and Claims Fund, FICA and Bank Service Fees for same period, Motion by Commissioners Stewart and Schoneman to approve payroll vouchers, carried. TITLE Vi SPECIAL PROJECT SUBGRANT (SPECIAL PROJECT - Parks Dept.) Clerk read memo from Kathy Combs, Kitsap County Personnel Services, dated Aug. 23, 1977, attached to which were two copies of Title VI Special Project Subgrant For a special project for the Parks Dept. at a total cost of $76,080.00 from Oct. 1, 1977 to Sept. 30, 1978. Mot[on by Commissioncrs Stewart and Schoneman to accept subgrant and authorize mayor and city clerk to sign for the City, Mayor Jarstad entered the meeting at 9:15 A.M. SAUNA PARLOR TRANSFER LICENSE - INTERNATIONAL SAUNA Clerk reported that last week Mrs. Griffin asked to have the license for the International Sauna transferred back to her as owner. She stated she would obtain the license from Mrs. Barthel and return it to City Council. Clerk reported that the license had been turned ]n and Mrs. Barthel has requested to keep her masscuse license and work as a masseuse. He stated no charges had been brought against her, only the establishment. Motion by Commissioner Stewart and Mayor Jarstad to approve transfer of license to Mrs. Griffin, carried unanimously. TAXICAB DRIVERS LICENSE APPLICATION Lawrencc J. Baker, approved by Capt. Stratton for Chief of Police. Motion by Commissioner Stewart and Mayor Jarstad to approve taxicab dr ers license, carried unanimously. BID REJECTION - Senior Citizens Center Clerk read copy of letter from Charles R. Gilman, Architect, which stated the bid received on the Senior Citizen Center was extremely high and recommended that the bid be rejected and the project readvertised for bid. Ray Foley of the Parks Dept. recommends bid be voided and new bid call be advertised. The memo stated further that the architect would make every effort to obtain three CITY COUNCIL MINUTES August 31, 1977 Page two or more bidders. Motion by Mayor Jarstad and Commissioner Stewart to follow recommendation of architect and accept only bid, readvertise, and then if found to be legal, not require a hundred percent performance bond, carried unanimousjy. City Clerk checked with Mr. Sexton and he stated the performance bond acquire- ment could not be waived. CALL FOR BIDS - Boat Storage Shed & Speedimailer Clerk reported that a call for bids had been requested for a boat storage shed. He then read memo from City Treasurer, dated Aug. 29, 1977, which requested a call for bids for a Speedimailcr Form for Bg0 Tax System, at an estimated cost of more than $2,000.00. Motion by Commissioners Stewart and Schoneman to approve call For bids for boat storage shed and Speedimailer, carried unanimously. CLAIM FOR DAMAGES Brian Cohen, 1717 Sheridan Rd., $220.72, broken store front window during an arrest of littering suspect at 106 Pacific. Clerk stated copy had been sent to the insurance company. REPORT OF SAFETY MEETING Clerk presented letter f'rom Great American Insurance Co., dated Aug. 24, 1977, which stated the safety meeting scheduled Aug. 18th was held with excellent attendance. lie stated the letter will be on file in the City Clerk's office. SET tIEARING DATE - OBiE OUTDOOR ADVERTISING SPECIAL USE PERMIT FOR BILLBOARD Clerk read memo From Planning Dept., dated Aug. 29, 1977, which stated a letter of appeal was received from Obie Outdoor Advertising pertaining to the Planning Commission's action of Aug. 16, 1977 for denial of a Special Use Permit for a Billboard sign at 6th & Pacific; that all papers and file pertaining to the application are forwarded for City Council's action. Motion by Mayor Jarstad and Commissioner Stewart to set hearing date for Sept. 21, 1977 at 10:30 A.M., carried unanimously. PROCLAMATION - Jerry Lewis Muscular Dystrophy Telethon Weekend Clerk presented proclamation which proclaimed the period of Sept. 4th through Sept. 5th, 1977 to be "Jerry Lewis Muscular Dystrophy Telethon Weekend". CtlARTER HOUSE DEVE~LOPMENT Clerk read letter from Glenn L. Vockrodt, 1409 Marlow, dated Aug. 30, 1977, which stated Section 506 of the Zoning Ordinance No. 1792 limits the buildings to 20 ft. above the sidewalk when the property abuts a residential zone; since the zoning lines Follow the centerlines of streets, the Charter House Development on Whcaton Way between E. 13th and 14th is abutted on three sides by residential zones. The letter stated that Mr. Vockrodt trusts the City Council will take proper steps to assure that this structure does not exceed 20 Ft. in height. Clerk stated he had sent a copy to the Attorney's office but had not received a reply. RATE CHANGE FOR NATION WIDE CABLEVISION Clerk presented letter from Nation Wide Cablevision, dated Aug. 26, 1977, which requested a change in subscriber rates. Clerk stated a hearing date should be set and it should be advertised as required by ordinance. Motion by Commissioner Stewart and Mayor Jarstad to set hearing date for Oct. 12, 1977 at 10:30 A.M., carried unanimously. COUNTERCYCLICAL FUND Clerk read memo from City Treasurer, dated Aug. 29, 1977, which stated that all the Countercyclical Anti Recessionary Funds now being receipted into the General Fund should be accounted for separately in a lhnd established for that purpose; and requested that City Council establish a fund .entitled Countercyclical Eund and all monies which have been receipted transferred to this Fund. Motion by Commissioner Stewart and Mayor Jarstad to establish separate fund and transfer all monies and the proper ordinance be prepared by City Attorney, carried unanimously. -2- CITY COUNCIL MINUTES August 51, 1977 Page three SAUNA PARLORS Clerk read memo Prom Mr. Sells, Asst. City Attorney, dated Aug. 30, 1977, attached to which were the original Findings of Fact, Conclusions of Law and Order for' the Cnystal Steam Bath, Lce's Sauna, International Sauna, Palace Sauna and Par East Sauna. The memo stated these were for filing with the Clerk. 0RDINANCE N0. 3379 - PROHIBITION AGAINST CRUELTY TO KNIMALS Clerk read, second reading, 'vAN ORDINANCE amending Ordinance No. 2457 (1961), to include the prohibition against cruelty to animals". Motion by Commissioner Stewart and Mayor Jarstad to pass Ordinance No. 3379 on second reading, by title on]y, carried as follows: Mayor Jarstad, Yes; Commis- sioner Stewart, Yes; Commissioner Schoncman, Yes. ORDINANCE N0. 3380 - OCCUPANCY CHARGES FOR WATER OR SEWER SERVICE Clerk read, second reading, "AN ORDINANCE amending Ordinance No. 3147 §3 (AU), ]944 as amended by Ordinance No. 5255 §1, 1975 and codified as BMC 15.04.475 relating to the payment of change of occupancy charges for water or sewer service by the landlord of a rental residence". Motion by Commissioners Stewart and Schoneman to pass Ordinance No. 3380 on second reading, by title only, carried as follows: Mayor Jarstad, Yes; Commis- sioner Stewart, Yes; Commissioner Schoneman, Yes. ORDINANCE N0. 3381 - JAMES 8KIRVING LAND USE RESTRICTIONS AMENDMENT Clerk read, second reading, "AN ORDINANCE amending the Land Use Restrictions (Site Plan) adopted by Ordinance No. 2941 (James Skitying)" Motlon by Commissioners Stewart and Schoneman to pass Ordinance No. 3381 on second readlng, by title only, carried as follows: Mayer Jarstad, Yes; Commis- sioner Stewart, Yes; Commissioner Schoncman, Yes. ORDINANCE NO. 3382 - DEAN DEWELL REZONE Clerk read, second reading, "AN ORDINANCE amending the use and area maps according to Ordinance No. 1792 (Dean Dewell)". Motion by Commissioners Stewart and Schoneman to pass Ordinance No. 3382 on second reading, by title only, carried as follows: Mayor Jarstad, Yes; Commis- sioner Stewart, Yes; Commissioner Schoneman, Yes. ORDINANCE NO. 3383 - CONIFER DEVELOPMENT, INC. REZONE Clerk read, second reading, "AN ORDINANCE amending the use and area maps according to Ordinance No. 1792 (Conifer Development, Inc.)". Motion by Commissioners Stewart and Schoneman to pass Ordinance No. 5383 on second reading, by title only, carried as follows: Mayor Jarstad, Yes; Commissioner Stewart, Yes; Commissioner Schoncman, Yes. BILLS ~otion by Commissioner Stewart and Mayor Jarstad to give blanket approva] to vouchers 08273 to 08276 and 08278 to 08279 inclusive in the amount of $5,997.65 and vouchers 00227 thru 00320 inc]usive in the amount of $73,869.00, audited by John Ross, carried unanimously. Meeting recessed from 9:35 A.M. until 9:53 A.M. POSTER/BltOWN FILL DiRT Mr. Costel]o, Building Inspector, stated the problem consisted of some fill dirt that has been spilled on Parks Dept. property that abuts the south property line oP the duplexes being built on Sheridan Road. This dirt is about ten ft. on the Park property. Commissioner Schoneman asked what was the problem and if the City was objecting to it and Mr. Coste]lo stated yes and question is do the o~ers have to take it out or landscape to the City's satisfaction. The matter was dis- cussed at length and Mr. Jim Brown, 2326 Wheaton Way, stated they were willing to do whatever the City demands. He stated the reason the dirt was spilled on City property was that the boundary lines ere not clear at the time and they were using the property next to th~irs~!~o~at property did extend further toward the Park property. It was note~ that it would be impossible to remove -3- CITY COUNCIl, MINUTES August 31, 1977 Page four the dirt by machinery because a building had been constructed and this would all have to be removed by hand. Mr. Brown stated that they had cleaned up the park area there of a number of pieces of debris and they were now ready for the kind of landscaping hc would want because he is going to live jn one of the structures and would be looking out at this particular place. He stated the landscaping will tie into the park property. lie noted that he could not get Final inspection or an occupancy permit because of this matter. Mayor Jarstad stated he wanted to go over to the property and view it and suggested the other commissioners do the same. He explained the problem from the Parks Dept. view- point in which considerable dirt has been allowed to spill over on the Parks Dept. property. There is a question whether the owners should possibly build a bulkhead and he stated the Parks Dept. people are a little upset that anyone would bulldoze and make the City's property conform to their property. Brown commented it would be quite an expcnse to move out the dirt and put in a bulkhead but they are willing to do so. He noted that Dr. Foster was going to build under the nine-dwelling units per acre concept but they were not allowed to do so and under their present plans, they intend to spend a considerable amount of money for landscaping. Asst. City Attorney Sexton stated there was a third alternative which would be to decide whether that area was useable and whether there was a lot of use and set a value. Then the owners could take out the dirt or pay damages. PUBLIC RECOGNITION Arlene Kellogg, 1013 Naval, spoke about a doberman pinscher in her neighborhood who barks continuously and stated the owners of the dog beat it. She stated all the neighbors have complained about the treatment this dog gets; that they have called the Humane Society and they were told there is nothing they can do because there is no ordinance against this sort of thing. She asked what could be done about this situation. Commissioner Stewart stated that an ordinance had been passed earlier' this morning prohibiting cruelty to animals and this ordinance will be in effect thirty days after publication. Clerk read a letter from Emanuel and Dorothy Justesen, dated Aug. 31, 1977, which asked why Bremerton can't begin free customer parking for downtown shoppers in order to bring people back to the downtown area for shopping. Commissioner Stewart explained that the revenue From the parking meters was pledged for paying on the parking garage bonds. Mayor Jarstad stated there are approximately 2,000 parking places in the downtown arcs and as more shops are built, there are more workers and shoppers and more traffic. This will create more of a demand for downtown parking and the City is working on this problem now. COMMISSIONERS' REPORTS Commissioner Schoneman: 1. Discussed the variable gas tax and stated the need was imperative For this source of revenue to support Che UAB programs. Gave a list of intersections that are in need of improvement and stated the hotal cost of the improvements was approximately $1,135,O00.00. Stated hc Favored this as a proper tax and hoped the initiative would bc defeated. 2. Noted signs of the increased costs of Public Works in that the bid for' the concretc barrier was about Five or six thousand dollars above the engineer's estimate. Noted that the Public Works, under statutes, are not able to perform work any longer and that when they could do work, it made the bids more competi- tive. 3. Had a problem on the Sheridan Road project last night wherein a motorcycle went through where a hundred ft. of concrete had been poured. The contractor may be able to correct this without tearing the whole area up. Contract work should be completed this week and grading and lowering of the street to take the paving is in prooess now. Almira is now completed and laid with second lift. 4. Rewarding the annual maintenance lifts, his department is moving in on Maple St. between Ivy and Hellis then to Ivy, Wheaten Way to Petersville Rd. and then move on to Halverson between Sheridan and Sylvan. By that time should have Sheridan Rd. prepared for paving and then should be able to be out within 15 days on all the projects. Then those maintenance lifts will be Followed by similar work on the west side. CITY COUNCIL MINUTES August 31, 1977 Page five 5. Had a number of serious problems with rainfall last Friday with washouts, and some areas had problems where they had not had them in the past. Bridgeview Lane, which is located back of Norway Hall, had a problem and the Fire Dept. pumped out a basement and made a ditch so the water would bypass the house. 6. With the completion of Sheridan Rd., there will be a safe area for children to walk from Lebo Blvd. to Hal's Corner with sidewalks available. Parents have been concerned with this area and the children now will be protected by the side- walks. 7. Had a preconference meeting with Select Contractors who will be doing the barrier improvement. Contractor plans on starting the project the day after Labor Day and the contract calls for 45 days completion. Contractor thinks he can do it in 30 days. Concrete barrier will prevent anyone from going through the Navy Yard fence in the future. Traffic flow will be handled by off-duty police officers and contractor will have to close one lane. 9. Amount of water received did not do too much for the City's supply. City did hold its own and the water use went way down for that period. The dam itself is holding its own. Water Dept. will be putting the screens in the new well which will supply 6,005 gpm. That well should be producing in about two weeks as another source of supply for the City. Mayor Jarstad: 1. Complimented Commissioner Schoneman and Public Works on the job on Sheridan Road. Stated jL is golng to be a great improvement and it will be safe for the children. 2. Had a well-attended meeting with Mr. Harry Rich, Architect ffor swimming pool and activity center. Thought there were somewhere around ?0 or 80 people who artended. Had good discussion. Ideas that were presented will be taken up with architect and there will be some follow-up discussion. Architect is contemplating recommending that the upper part of Eastpark property be used for the building and the rest to remain for a variety of activities. This will be an excellent facility for the people of Bremerton and they will be proud that it is something they own. This building will be programmed fully with the Parks Dept. and the Olympic College and School District. 3. Met with hospital representatives, Mr. Bradley and Mr. Loften, who is on the Board, and with Sidney Malbom who is representing the Bureau of Outdoor Recreation. The hospital is having a problem with the parking and Mr. Malbom was invited over to see the facility layout proposed for parking. He made some recommendations. Those will be shared with the Council when he can set up a meeting with Mr. Malbom. The City received the i8 acres for park purposes. If the property required for the parking was offered for public bid, it might be picked up by someone other than the hospital. 4. Mad a request before the City Council about a month ago for utilization of Roosevelt Field for a music festival sponsored by Olympic College student body. Request was taken under advisement and recommendations have been received from the Police Dept., itealth Dept. and Parks Dept. to deny the request. The sponsors anticipated about 8,000 people and the field does not have facilities to handle that many. The field is limited to about 2,000 people. The Parks Dept. recommended very strongly that the request be denied. The Police Dept. was in the same vein. Based on experience from crowd control, they were not in position to approve the request. They both sent letters to the mayor's office requesting denial of the request. The Mealth Dept. sent the mayor a Ietter, which he read. The letter stated there were certain compliances required under State ]aw and there was a 30-day period prior to a music festival for the request to be made and the time period was too short now to be in compliance. The recommendation of the Health Dept. was that the music festival not be held until compliance. Motion by Mayor ,larstad and Commissioner Stewart that on the basis of the recom- mendations oF the Park, Police and Health Dept., that the application for use of the Roosevelt Field be denied. Under discussion: Commissioner Stewart stated he had discussed the festival with Mike Scott and he is arranging to put on the music festival in the Seattle Civil Auditorium. Motion carried unanimously. HEARINGS - McConkey R/W Vacation and Elmer D. Lince Appeal Motion by Mayor Jarstad and Commissioner Stewart to hold hearings in order listed above, carried unanimously. -5- CiTY COUNCIL MINUTES August 51, 1977 Page six McCONKEY RIGHT-OF-WAY VACATION IlEARING Clerk stated he had posted and published hearing as required by law. He then read Planning Coatmission Minutes of July 19, 1977 which approved the vacation right-of-way. Dorothy Smith, Administrative Planning Assistant, explained the vacation right-of-way using a site plan. She stated that at the time of the rczone request, the petitioners neglected to ask for vacation of R/W and it is only the portion of R/W that is on their own property. She stated there are no utilities within that alley and the Planning Dept. has no objections. The proponent was not present to speak. OPPONENTS: Phyllis McCarthy, 1705~ Park, stated that she has a wall around her property and if this alley is widened, it will take part of her wall. Commissioner Stewart explained to her that this request was to eliminate the alley on the portion of the McConkey property. Mrs. McCarthy stated she thought they were planning to widen the alley and she stated if this were so, she was very con- cerncd about losing some of her wall. She stated a portion of her wall has been knocked down three times due to the traffic that comes through there. Commissioner Schoneman stated no property was going to be taken to widen the alley. Mrs. Smith showed a plan that showed ingress and egress to be on Park. Mrs. McCarthy asked where the access to the condominiums would be; that there will be parking stalls for the apartments along there and she wondered if they would use the alley for ingress and egress. Mayor Jarstad stated this is a public alley and can be used by everyone and Mrs. McCarthy stated she was very concerned about traffic and damage to her wall. Myron Lopeman, 1202 Elizabeth, stated there is a bad blind spot there and it is a traffic hazard. Commissioner Schoneman stated that the alley is dedicated to public use; that if a portion of ]t is vacated, the people cannot be told not to use it unless the whole alley is vacated. ltc stated he doesn't see any way to block it off. Motion by Mayor Jarstad and Commissioner Stewart to continue hearing until next Wednesday at 10:50 A.M. and ask Mr. McConkey to be present to answer questions, carried unanimously. ELMER D. LINCE APPEAL, BUILDING PERMIT DENIAL Clerk stated he had posted and advertised as required by law. He then read Planning Commision Resolution No. 425 which stated that the Planning Commission upholds the interpretation of the Building Dept. in denying the requested building permit in accordance with Section 528.1 of the Zoning Ordinance and Planning Commission upholds the decision of the Building Dept. in denying the building permit. Clerk then read description of Mr. Lince's request and stated there was a sketch of his property and an application for a building permit attached to Mr. Lince's letter dated July 27, 1977. Dorothy Smith, Administrative Planning Assistant, spoke about the appeal and stated this is one of the alterna- tives for Mr. Lince to exhaust all the administrative procedures. Mr. Sexton stated, after studying the plan presented by Mr. Lincc for changing a window, that it constituted an alteration within the initiative and the improvement would violate the ordinance. Elmer L~nce, owner of property at 5110 Farragut, stated the ordinance takes away the authority from the City Council and will allow deterioration; that over 100 property owners have bccn denied building permits since the ordinance has been effective. He believes the initiative to be unconstitutional because it denies the rights of owners to full use of their property. Ilc stated this ordinance pits East BrcmcrLon against West Bremerton, although there are some in East Brcmerton in the same fix. tie recommended the City Council take emergency action to hold up on the ordinance until the City Attorney studies it. Richard Weld, 126 Lcbo BIrd., slated the questio~ revolves around the interpreta- tion of the ordinance - existing lot lines - and an interpretation was asked for in the meeting last Thursday and this has not been provided. He amplified his statement and said that the problem arose over the interpretation as to "lot lines -6- CITY COUNCIL MINUTES August 31, 1977 Page seven of ownership". After discussion regarding the desire for a written interpreta- tion by the City Attorney's office, Mr. Sexton agreed to handwrite his opinion. Mr. Sexton stated further that his office thinks that in the platted areas, there is no question that each individual lot as platted is a lot as such whether within the confines of the zoning ordinance or within the confines of the building requirement. He stated that it is a different question as to ownership of parcels of property and the ordinance does not speak about ownership of property and does only speak about lots. He stated his interpretation is that the correct and reasonable interpretation is that the lot lines are in accordance with the platted lots and each has individual lot lines as set out in the initiative. Mr. Weld stated the City Planner's interpretation as indicated on the draft memo of July 12, 1977 does not talk to platted lot lines but lots of ownership as an historical definition. He stated that in the meeting the other night, he presented the originator's intent in this which also talks to existing lot lines being lot lines of ownership and under this interpretation, Mr. Lince should be granted his permit. He then discussed the Short Plat Ordinance No. 5200. Mr. Weld stated that these lots are carried by the assessor that way. On question of Commissioner' Schoncman as to why this was in the initiative, Mr. Weld stated if hc owned the lots prior to the initiative, it made a difference. He did not come under the ordinance and the language did not apply. Commissioner Schoneman asked if the initiative had something to do with Lance Haynes who wanted to build across existing lot lines. Mr. Weld stated there were two interpretations, it could be taken as platted lot lines or one big lot and then only one big building in an R-I District. Mr. Sexton and Mr. Weld discussed the statements made about lot lines of ownership and Mr. Weld stated that if the interpretation was lot lines of ownership, there should be no problem and a hundred building permits could be issued. Commissioner Stewart suggested it would help if the attorney who wrote the initiative had made a legal opinion and filed it but all the City Council has now is Mr. Weld's opinion and the City Attorney's opinion. lie noted that the Council had taken an oath to uphold the law. Mr. Weld stated he would get a legal opinion from his attorney. Mr. Sexton read from the initiative ordinance, section 528.1. Discussion surrounded the sentence ~ich states that no building or structure may be built nor may any existing structure be altered that touches or crosses a lot line now existing or hereinafter platted. Mayor Jarstad stated they had a meeting to clarify the points that had been brought up and debated; the language is being worked on at the present time to be put on the ballot, to settle those questions of the Building and Planning Departments. tie stated he thought it was imperative that the City Council at next Wednesday's meeting make a conclusion as to whether or not they are going to put this on the ballot. Mr, Weld stated he did not object to it being put on the ballot to clarit~ but he did not know why it should be interpreted ar~ different than as stated. Mayor Jarstad stated that all those present at the meeting believed this was the direction to go; that is, place it on the ballot and it was the fastest way for the City to take care of this problem. Motion by Commissioner Schoneman and Commissioner Stewart that the owner lines of this portion of property not include the internal lot lines in that the exterior' parameters lot lines be considered ownership and what is known as a lot that any work within the boundaries of the parameters of the ownership can be done on permit. Under' discussion: Commissioner Stewart stated he did not think the City Council had the right. Mr. Lince stated that lots may not be deplatted in R-I nor may any lots be replatted. Ite stated that if this is lots of ownership, then it goes back to what is a lot as normally used by law, a lot is a lot is a lot. Mr. Weld stated he would support changing the ordinance. Harold Collier, Star Rt. 1, Box 556A, Brcmerton, discussed the problem as it pertains to him and a proposed fezone hearing which will be next Wednesday. He commented that hc had bought two 50-ft. lots that were platted in 1957 and a week after he bought them, he found an initiative had been passed and he found he was in deep trouble. Hc has been trying to do something with his -7- CITY COUNCIL MINUTES August 31, 1977 Page eight property since May. He has not been allowed to alter his building and he said with the amount of problems in getting his fezone, it might be better for him to alter and get some rental at least but he has not been able to do anything because of the initiative. Mayor Jarstad discussed the rulings that have been made in denying permits and Mr. Sexton agreed he would write a legal opinion in longhand. Mr. Sexton read his legal opinion: "It is the opinion of the Bremerton City Attorney's office that in regard to the term 'lot line' as set out in the R-i Initiative of 1976, it includes and makes reference to platted lot lines. This is to be distinguished from the outside boundary lines of ownership of a parcel of property. (signed) Gary Sexton". Question was called on the motion and it failed to pass as follows: Mayor Jarstad, No; Commissioner Stewart, No; Commissioner Schoneman, Yes. Motion by Mayor Jarstad and Commissioner Stewart that the appeal that is before the Council be denied in concurrence with the recommendation of the BuiJding Dept. and Planning Commission and there be an additional Findings of Fact that the proposed building permit application would constitute a violation, carried as follows: Mayor Jarstad, Yes; Commissioner Stewart, Yes; Commissioner Schoneman, Abstain. Mayor' Jarstad stated he hoped they can have the language all ready at the next Council Meeting and notify the County Auditor. Mr. Lince commented that unless the ordinance is greatly simplified and does not hamstring the Planning Commission and City Council, he would be against it. Commissioner Schoneman asked about emergency work that may be necessaI7 after damage to a structure and Mr. Sexton stated he thought it could be repaired under this ordinance. Meeting adjourned at 11:58 A.M. G. C. Yeadon, Sr., City Clerk Approved: Glenn K. Jarstad, Mayor -8-