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CITY COUNCIL MINUTES
February 23, 1977
Regular meeting of the City Council of the City of Bremerton, Washington,
was held in the City Council Chambers, City Hall, 239 Fourth Street, on
Wcdnesday, February 23, 1977, at 9:00 A.M., PST, with Mayor Jarstad pre-
siding. Also present were Commissioner Stewart, Commissioner Schoneman,
City Clerk Yeadon, Assistant City Attorney Sexton, and a member of the
press.
Meeting was opened with the Pledge of Allegiance and invocation was given
by Rev. Bob Vahey of St. Lukes UMC.
MINUTES 0F FEBRUARY 16, 1977
Clerk read minutes of Feb. 16, 1977. Mayor Jarstad ordered the minutes
to stand approved as read.
NOTICES OF EMPLOYMENT
Vicki Jean Emel, Police Dept., Extra Help - ID, $5.00 per hr., effective
2/22/77; and William Grady Stone, Parks g Recreation Dept., Part-Time
Play Leader, $5.40 per hr., effective 2/25/77.
Motion by Mayor Jarstad and Commissioner Stewart to approve notices of
employments, carried unanimously.
CHANGES OF PAY STATUS
Charles B. Krumheuer, Wastewater Dept., Operator I to 7B, $4.86 per hr.,
effective 2/25/77; Franklin D. Fitch, Jr., Serviceman I to 7B, $4.86
per hr., effective 5/1/77; and Charles J. Fagan, Operator I to 7B, $4.86
per hr., effective 1/19/77.
Motion by Commissioners Stewart and Schoneman to approve changes of pay
status, carried unanimously.
SCHEMATIC RECREATION FACILITY SITE PLAN FOR COONTZ JUNIOR HIGH PROPERTY
Clerk presented a requisition for the preparation of a schematic recreation
facility site plan for the Coontz Junior nigh School property, located
between 4th and 5th Streets to the west of Veneta Ave., estimated cost
$1,200.O0. Clerk then read an excerpt from the City Council Minutes of
May 5, 1976, which stated that a motion was passed to make money avail-
able from the Cumulative Reserve for General Municipal Purposes Fund for
the appraisal and site plan so an application can be submitted for
funding. Clerk stated that this project had been delayed and it was
necessary to get City Council's approval again to take money from the
Cumulative Reserve for General Municipal Purposes Fund.
Motion by Mayor Jarstad and Commissioner Stewart to approve to make money
available from thc Cumulative Reserve for General Municipal Purposes Fund
for the preparation of a schematic recreation facility site plan for the
Coontz Junior High School property, carried unanimously.
REROOF SMITH SCHOOL BUILDING
Clerk presented requisition to reroof section of Smith School Building,
approximately 2250 sq. ft., at an estimated cost of $950.15. He stated
that Kitsap Community Action Program would reimburse half of this to the
City.
Motion by Commissioners Schoneman and Stewart to approve reroofing the
Smith School Building and make the money available from the Cumulative
Reserve for General Municipal Purposes Fund, carried unanimously.
SURPLUS HOSE - FIRE DEPT.
Clerk read memo from Fire Chief, dated Feb. 17, 1977, which stated that
the Fire Dept. has 6 lengths of 1 1/2" hose that is surplus and it should
bc transferred to the Water Dept.
Motion by Mayor Jarstad and Commissioner Schoneman to declare 6 lengths
of 1 1/2" hose surplus and transfer it to the Water Dept., carried unanimously.
CITY COUNCIL, MINUTES
February 23, 1977
Page two
BID AWARD - MOTORCYCLE POLICE DEPT.
Clerk read memo from Chief of Police, dated Feb. 22, 1977, which stated
that bid should be awarded to Harley-Davidson Motorcycle Co.
Motion by Commissioner Stewart and Mayor Jarstad to award bid to Harley-
Davidson Motorcycle Co., carried unanimously.
EMERGENCY REPAIRS ON CASAD DAM
Clerk read memo from Water Superintendent, dated Feb. 22, 1977, which
stated that the Water Dept. took advantage of the low water conditions
and contacted Allen Construction Co. of Tacoma to make emergency repairs
on gate valve stems and grates on Casad Dam; that since this work could
not be priced until the special cable elevators were installed, it was
not possible to obtain an exact figure before commencing work and it was
estimated to be about $1,500.00; and that the final figure was $2,256.47
plus tax. It recommended that City Council pass an emergency resolution
to pay for the repairs because this work had to be done before the rains
would fill the reservoir and cover the gate stems, trash racks and slide
gates.
Motion by Commissioners Schoneman and Stewart to approve payment for the
emergency repairs on Casad Dam, carried unanimously.
PUBLIC RESTROOMS IN SHOPPING CENTERS
Clerk reported that hc had received word from Mr. Costello that there are
no requirements for public restrooms in shopping centers in the building
code; that the Wheaton Way Mall has one restroom in the Cranberry Tree,
but all other restrooms are for employees only. Commissioner Stewart
stated that he would like to see an ordinance passed that will require
at least one public restroom for each 100,000 sq. ft. and he would talk
to Mr. Sato to see if restrooms can be installed in the Wheaton Way Mall.
Mr. Sexton stated that it might be very difficult to make any existing
shopping centers put in public restrooms, but it would be possible to
pass an ordinance requiring public restrooms for any new shopping centers
built.
Motion by Commissioner Stewart and Mayor Jarstad to refer to Building
Dept. to have one public restroom for every 100,000 sq. ft. of space,
carried unanimously.
MISS KITSAP COUNTY PAGEANT
Clerk presented letter from Bremerton Jaycees, dated Jan. 25, 1977, which
asked for an advertisement in the Bremerton Jaycees pageant program.
Commissioner Stewart stated that he would authorize free advertising on
the buses on a space-available basis.
ELIMINATION OF JAIL PENALTY FROM MUNICIPAL ORDINANCES
Clerk presented letter from City Attorney, dated Feb. 10, 1977, pertaining
to jail terms and Commissioner Stewart stated that he was still working
on this matter and he would like to hold it for a week or so.
SINCLAIR INLET SEWAGE FACILITIES PLAN
Clerk read letter signed by Paul D. Powers, Jr., Mayor of Port Orchard,
dated Feb. 15, 1977, which stated that the Port Orchard City Council
approved the acceptance of alternate No. 2, which is the Regional Plan
of Port Orchard pumping to a new Secondary Treatment Plant at Retsil
and rejected alternate No. 3 (pumping to Bremerton). This was for infor-
mation only.
REPORTS OF EXAMINATION - CITY OF BREMERTON AND UTILITIES
Clerk stated that the reports of examination for the City of Bremerton
and the Utilities are on file in his office for review.
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CITY COUNCIL MINUTES
February 23, 1977
Page three
ORDINANCE NO. 3346
Clerk read, first reading, "AN ORDINANCE amending Ordinance No. 3332
appropriating additional funds for the year 1977".
Motion by Mayor Jarstad and Commissioner Stewart to pass Ordinance No.
3346 on first reading, carried as follows: Mayor Jarstad, Yes; Commis-
sioner Stewart, Yes; Commissioner Schoneman, Yes.
ORDINANCE NO. 3347
Clerk read, second reading, "AN ORDINANCE amending Ordinance No. 3127
and providing for vacation of an alley (Rainier Bank Alley Vacation)".
Motion by Commisssioners Schoneman and Stewart to pass Ordinance No.
3347 on second reading, carried as follows: Mayor Jarstad, Yes;
Commissioner Stewart, Yes; Commissioner Schoneman, Yes.
BID AWARD - FIRE HYDRANTS
Clerk read memo from Water Superintendent, dated Feb. 22, 1977, which
recommended that bid be awarded to Western Utilities Supply Co. as low
bidder of $8,698.08.
Motion by Mayor Jarstad and Commissioner Schoneman to award bid to
Western Utilities Supply Co., carried unanimously.
CALL FOR BIDS - SUBMERSIBLE TURBINE PUMP
Clerk read memo from Water Superintendent, dated Feb. 23, 1977, which
requested that City Council authorize the call for bids for one 8",
25 HP submersible turbine pump.
Motion by Commissioners Schoneman and Stewart to authorize the call for
bids for one 8", 25 HP submersible turbine pump, carried unanimously.
ORDINANCE, FIRST READING - DICK REZONE
Clerk read, first reading, "AN ORDINANCE amending the use and area maps
according to Ordinance No. 1792 as amended by Ordinance No. 5146 (DICK)".
Motion by Mayor Jarstad and Commissioner Schoneman to approve ordinance
on first reading, carried as follows: Mayor Jarstad, Yes; Commissioner
Stewart, Yes; Commissioner Schoneman, Yes.
BILLS
Motion by Mayor Jarstad and Conm~issioner Schoneman to give blanket approval
to vouchers 5812 to 5900 inclusive in the amount of $48,138.63, audited
by John Ross, carried. Commissioner Stewart abstained due to a minute
interest in ITT Grinnell.
STATEMENT OF ASSURANCES - GENERAL REVENUE SHARING
Clerk presented Statement of Assurances for General Revenue Sharing.
Motion by Mayor Jarstad and Commissioner Stewart to approve the Mayor's
signing the Statement of Assurances, carried unanimously.
COMMISSIONERS' REPORTS
Assistant City Attorney Sexton:
Discussed his time at the Court of Appeals pertaining to Ullock vs. City
of Bremerton (Elks) and Kitsap Way and Marine Drive intersection. He
gave some details as to the points that will be under court decisions.
He stated that it looks like the City of Bremerton will be in the law-
making process in the point concerning EIS when there isn't a definite
site plan.
Meeting recessed from 9:52 A.M. until 10:00 A.M.
PUBLIC RECOGNITION
Elsie Bosso of Bainbridge Island who works with the mentally handicapped
in Bremerton, requested that the mentally handicapped need not be inter-
viewed by Commissioner Stewart before being issued a bus pass. She felt
CITY COUNCIL MINUTES
February 23, 1977
Page four
that documentation from the person's doctor or psychiatrist should be
sufficient and they should not be subjected to being interviewed by
Commissioner Stewart. She quoted a letter from Dr. Killeran which
requested that a doetor's documentation as to a person's disability
be accepted as proof of a disability and stated that some of these
people cannot even speak to others without its having a traumatic
effect on them. Commissioner Stewart stated that he had never tried
to psychoanalyze anyone and he felt that it is his responsibility to
check each applicant to make sure he or she is really disabled. Mayor
Jarstad felt that written documentation was sufficient proof of dis-
ability and he stated that he felt this should be accepted and these
people should not have to be interviewed by any commissioner. He did
state that they should come into the office to get their bus passes
themselves and Commissioner Schoneman agreed with this. Ms. Sosso
stated that she would bring her clients into City Hall, with written
documentation from their doctor, and then see if the bus passes are
issued without an interview. She stated that she is only trying to
see that her clients do not have to go through a traumatic situation.
Clare's Marsh/Ron Ross thanked the City Council for their decision on the Clare's
Marsh area. He stated that he appreciated the Council taking the
extra time to allow the hearings in the evening and he appreciates
all the City Council has done. He stated further that he will continue
to pledge his interest to any efforts in the downtown area and he felt
there is room for both his shopping center and the downtown business
and he would like to cooperate in any way possible.
HEARINGS - Bjorklund/Trafton Rozone, Mentor Intent to Commence Annexa-
tion Proceedings, & Nine Dwelling Units Per Acre Ordinance
Disposition
Motion by Mayor Jarstad and Commissioner Schoneman to open Bjorklund/
Trafton Rezone, Mentor Intent to Commence Annexation proceedings, and
Nine Dwelling Units Per Acre Ordinance Disposition Hearings at this time,
carried unanimously.
TAPE #100 HEARING - BJORKLUND/TRAFTON REZONE
(A) 2389 Clerk stated he had posted, advertised in the newspaper, and mailed
letters to the property owners as required by the zoning ordinance.
He stated that he understood Mr. Bjorklund had made a change in his
site plan and the Clerk suggested the hearing might not be held as
advertised and the matter referred back to the Planning Commission
for recommendation on a new site plan. Clerk read the following cor-
respondence in opposition: Charles Slater, 918 Ironsides; Earl M.
Meeker, 911 Ironsides; Edward Fischler, 2416 East llth St.; Eduardo
Esporma and Florentina Esporma; Mr. & Mrs. Lester Louden, 1008 Ironsides;
and Mrs. M. Biederman, 914 Perry Ave. Clerk then read one letter in
favor' from Mr. a Mrs. George Redman. Mr. Ken Attebery, Assistant
Planning Director, showed the site plan on which the Planning Commission
had denied the application for fezone and then showed a new site plan
which had lowered the density considerably. A lengthy discussion was
held as to whether or not Mr. Bjorklund, who was present, had the legal
right to withdraw his application and return to the Planning Commission;
or whether the hearing should proceed on the first site plan; or whether
the hearing should proceed on the second site plan. Mr. McCluskey
advised that the applicant had the right to withdraw his application
and return to the Planning Commission.
Motion by Commissioners Stewart and Schoneman to return the matter to
the Planning Commission. Under discussion: Tom Goldader, 919 Ironsides,
said he had no objection to going back to the Planning Dept. There was
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CITY COUNCIL MINUTES
February 23, 1977
Page five
considerable discussion and some confusion as to what was the proper
procedure. Commissioner Stewart stated the Council should hold the
hearing as advertised. Mayor Jarstad pointed out that when this has
happened in the past and a large modification has been presented, the
City Council has turned the matter back to the Planning Commission.
Mr. McCluskey again explained procedures and stated the person who
applies has the legal right to withdraw his site plan at anytime and
go back to the Planning Commission; that if he were to be turned down
by the City Council, he would have to wait for a year and he is attempting
to plan something that is acceptable to the Planning Commission and the
City Council. Commissioner Stewart withdrew his motion and at that time
Commissioner Schoneman said he would not withdraw his second. Mr.
B,jorklund explained the reasons for putting in a new site plan. Question
was raised as to the reason for advertising this hearing when Mr. Bjorklund
had a new site plan and jt was pointed out by Mr. Attebery that this
happened after the Planning Commission Hearings and that he had explained
to Mr. Bjorklund that new site plans have been submitted on other fezones
and so he submitted a new six-unit plan. After discussing the procedures
again, Commissioner Schoneman withdrew his second to the previous motion.
Mr. Attebery then explained both site plans using colored maps. Mr.
Bjorklund then stated that he requested withdrawal of the 20-unit
proposed site plan.
Motion by Cemmissioner Stewart and Mayor Jarstad to accept his request.
Under discussion: Commissioner Schoneman asked about putting duplexes
on the proposed site and Mr. Attebery stated that because of the size
they could put in two duplexes with a replat. Motion carried unanimously.
TAPE #100 MENTOR 10% PETITION FOR ANNEXATION (KITSAP WAY & CORBET DR.)
(A) 3122 Clerk stated he had notified Mr. Mentor verbally of this meeting today and
Mr. Mentor was present. Mr. Attebery, Assistant Planner, explained the
area, showed a map and discussed the area from the Comprehensive Plan
Map. He stated the Comprehensive Plan shows the area as traffic oriented
commercial and this area could be brought into the City under one of the
Cjty's business zones and not R-1. He stated further that the City Council
could require the simultaneous adoption of the Comprehensive Plan and the
zone in the county is Business General. Commissioner Schoneman pointed
out that the area is bounded on two sides by the City and is contiguous
to the City.
Motion by Commissioners Schoneman and Stewart to accept that portion as
shown on the map, carried unanimously.
Mr. Attebery recommended a motion be made that the City shall require
the simultaneous adoption of the 1966 Comprehensive Plan of the City of
Bremerton and the zoning be adopted as City of Bremerton Business-Three
(B-3).
Motion by Commissioners Stewart and Schoneman to require the simultaneous
adoption of the 1966 Comprehensive Plan of the City of Bremerton and the
zoning adopted shall bc City of Bremerton Business-Three (B-S). Under
discussion: Mr. Ullock, 1137 Lower Marine Drive, commented that he
believed that the county zone and the City's B-3 zone were not comparable.
Both Mr. Mentor and Lance Haynes, who was present, and Mr. Attebery
stated that Business General is the county's highest zone. Commissioner
Stewart stated the City is generally B-3 in the area surrounding the pro-
posed annexation. Mr. Ullock recommended that the City should look at
the overall strip on Kitsap Way and asked what the City's plans were For
developing in the future; that Kitsap Way has heavy traffic and will
increase and the City needs to see what is going to go in the new area
as a traffic generator. Motion carried unanimously.
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CITY COUNCIL MINUTES
February 25, 1977
Page six
A short discussion was held as to whether the City shall require the
assumption of all or of any portion of existing City indebtedness by
the area to be annexed.
Motion by Mayor Jarstad and Commissioner Stewart that upon annexation
the area will have to assume all and any indebtedness due from the City
of Bremerton residents. Under discussion: Mayor Jarstad stated Mr.
Mentor should go ahead and prepare the 75% petition. Motion carried
unanimously.
TAPE #100 NINE DWELLING UNITS PER ACRE ORDINANCE DISPOSITION
(A) 3330 Clerk read Planning Commission Resolution No. 397 recommending that the
moratorium on construction under Ordinance No. 3210 be removed; that
Ordinance No. 3210 be reaffirmed or that a revised ordinance be adopted
based upon a draft to be submitted by the Planning Commission. Mayor
,Jarstad spoke on the background of the nine dwelling units per acre
concept. He then stated that he Felt that the general public is very
unknowledgeable about the 9 dwelling units per acre ordinance that is
in effect.
Motion by Mayor Jarstad and Commissioner Schoneman that the City Council
today rescind 9 dwelling units per acre ordinance and refer the entire question in
density and integration back to the Planning Dept. and the neighborhood
councils for evaluation and review. Under discussion: Mayor Jarstad
stated if the people Feel strong enough to pursue this that a proper
ordinance be brought Forward after proper hearings. He believed that
if there were testimony today from the City's own staff people, it would
be that this is a proper ordinance; but he thought that it was proper
to rescind the ordinance and eliminate the 9 units per acre. Commissioner
Stewart pointed out that an initiative had been filed since yesterday
which was drawn up by an attorney and bears over 2000 signatures which
the petitioners have asked that it go to a vote of the people. Me stated
he would like to see this vote take place and maintain the moratorium.
He stated further that the auditor's office had informed him they could
not get the ballot on the March 8 election day and it will be brought
up for ballot after that. He stated he thought it was too late to do
anything now and the people got tired of waiting; otherwise, he would
have voted with the motion but not since the petition has been filed.
Mr. McCluskey stated the City Council does have the option to act on
that petition and can take action without having to go to the ballot.
Commissioner Stewart stated the people don't want it handled that way,
they want it to go to the people and he wanted to follow their desires.
Commissioner Schoneman questioned what percentage of the City was repre-
sented by the neighborhood groups and that many property owners who
should have a voice will have through this ballot. He stated he had
not seen the petition and didn't know how many signatures were on it,
but he would go along with their desire to put it on a ballot. Mayor
Jarstad stated he made his motion because a prior notice of decision
was given to the newspaper and radio and they were informed the Council
was prepared to make a motion on the ordinance. This motion was made
whether or not a petition was filed and whether it is a good petition.
Mayor Jarstad noted that if they want to go by the initiative method,
it could only be changed in the Future by a vote of the people; however,
that is a legislative right. He stated the City Council should, in its
own mind, decide whether it wants to rescind the ordinance or retain it.
Lance Haynes, a builder and developer, spoke in favor of the nine
dwelling units per acre concept. He stated he was in favor of letting
the people vote. He recommended that the Council not rescind the
ordinance and recommended lifting the moratorium. Richard Weld, 126
Lebo, favored leaving the moratorium and spoke in favor of persons
applying for R-2 zoning and go through proper zoning procedures. He
also stated that everyone he talked to wanted to vote on the question.
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CITY COUNCIL MINUTES
February 25, 1977
Page seven
He stated the matter should be vcted on as soon as possible; that they
wanted the Comprehensive Plan as adopted to be followed; however, people
want the Comprehensive PLan to be changed first and then individual
applications for development of zones. Mayor Jarstad again discussed
the reasons for suggesting a rescinding of the ordinance and talked about
the need for apartment developments. He stated he had asked the neighbor-
hood councils to study the nine dwelling units per acre concept and make
a recommendation to the Planning Commission and they recommended rescinding
the ordinance. There was discussion about the ability of the City Council
to take both actions, to rescind the ordinance and to have the initiative
ordinance voted upon. Mr. Weld reiterated that they wanted the initiative
to go to a vote of the people. A discussion of some of the points covered
in the initiative ordinance was held with Mr. Weld doing the explaining.
Commissioner Schoneman recommended going back to a proposed zoning ordi-
nance with more zones which had been under study for considerable time
several years ago. He stated the categories in the proposed ordinance
were such that they could not be twisted around. Mayor Jarstad pointed
out that the neighborhood councils were set up to recommend a Comprehen-
sive Plan and this is close to being completed and from the recommenda-
tions the City will have a very strong Comprehensive Plan. Kay Charleston,
1009 Ironsides, stated she did not have much faith in the Planning Dept.
because of the way the nine dwelling units per acre ordinance was drawn
up. She had a feeling the people were being manipulated.
Motion failed to carry as follows: Mayor Jarstad, Yes; Commissioner
Stewart, No; Commissioner Schoneman, No.
Motion by Commissioner Stewart and Mayor Jarstad to temporarily maintain
the moratorium until action taken on the initiative, carried as follows:
Mayor Jarstad, Yes; Commissioner Stewart, Yes; Commissioner Schoneman,
No.
COMMISSIONERS' REPORTS (continued)
Commissioner Stewart:
1. Recommended City approve doing as Pacific Telephone and Puget Power
do in connection with delinquent bills; that is, the people who are
chronic delinquents should be treated differently than those who have
good paying records. His suggestion would be not to threaten to turn
off water on those who had paid consistently good for a year but give
them a double billing at the next billing date.
Motion by Commissioners Stewart and Schoneman that there would not be
a delinquent charge for people who are in the good-paying class but send
another notice by a double billing and not make a delinquent charge
to those who had paid well for a long time, carried unanimously.
2. Stated he would like to hire a CPA to assist his office in new pro-
cedures, accounting and auditing.
Motion by Commissioners Stewart and Schoneman to retain a CPA to assist
Commissioner Stewart's office in new procedures, accounting and auditing.
Under discussion: Commissioner Stewart stated he did not expect to spend
over $1,500.00 per month and later maybe less. Clerk asked several
questions concerning the ramifications of this motion and especially
regarding whether or not some of the work of the accounting office may
be famed out and Commissioner Stewart stated that it is possible some
of the work may be done elsewhere. Motion carried unanimously.
3. Stated the construction charge of $5.00 per month is not covering
the cost of new customers and he has made a proposal and waiting for
something better if someone can recommend something. He stated he would
like to have some action on this matter.
4. Stated he believed the Council requested an ordinance amendment to
eliminate the sewer construction charge to those accounts which do not
have sewers. He thought the ordinance was in the process of being pre-
pared and he would like to get this going.
5. Recommended, if the City Council is not going to go for a two-hour
zone on parking meters, a raise in meter fees so it isn't profitable to
CITY COUNCIL MINUTES
February 23, 1977
Page eight
Feed the meter. He would like to make it more expensive to park on the
street than in the parking garage. He would like to raise the fee to
10¢ every half hour or 5¢ every 15 minutes. Commissioner Stewart stated
he would look into his recommendation with the concurrence of the commis-
sioners and raise the fees.
Motion by Commissioners Stewart and Schoncman to study the proposal and
raise the fees. Under discussion: Mayor Jarstad suggested he look into
getting "blind" meters. Commissioner Stewart stated he would put his
recommendation into effect if he could do it mechanically. Mayor Jarstad
asked for a proposal to be brought back to the City Council. Motion
carried unanimously.
6. Stated the lease submitted by Eddie Bjork has been looked at by the
City Attorney's office; that it does not have the 90-day termination
clause. Me submitted the lease to the City Attorney for putting this
clause in the lease.
7. Stated he had been asking for proposals on elevator maintenance.
Clerk stated he had these and they had been studied by Mr. Marangi and
Clerk stated he would turn the proposals over to Commissioner Stewart
for handling.
Commissioner Schoneman:
1. Stated that bids were being called for the improvement of the Wheaton
Way - Sylvan intersection and they are to be opened April 7, 1977.
2. Talked to the chairman of the Port Commission to see whether they
can use Port District money on a permanent easement; that the Port
Orchard Marina was set up on property they acquired. He stated the
Port District will be checking with their attorney on this question.
Noted he had received in the mail a copy of an article from the Edmonds
Tribune which indicated that Edmonds has taken the first step toward
what will be a boardwalk. Also congratulated Poulsbo for being the
first one in Kitsap County to complete its boardwalk project.
Asst. City Attorney McCluskey:
1. Discussed the petition brought in for Richard McDonald's request for
vacation of dead-end llth St. He read a resolution which had been pre-
pared. Discussion followed and the matter was to be held over until
next Council meeting so that Commissioner Schoneman could present the
survey of the entire property. Commissioner Schoneman noted that Mr.
McDonald could only get 50 ft. out of the 60 ft. right-of-way as one
side will belong to the State Highway Dept.
2. Stated his office had been asked to look into the legality of the
provision of salaries, especially of having a 7% annual raise or cost
of living based upon a certain index, whichever is less. He stated his
office has done research and also checked with Dr. Campbell of the Munici-
pal Research Bureau and this method has not been ruled upon. There is
no law in the area. The County Commissioners put in a 7% raise each
year. In discussing this with Dr. Campbell, they have found no authority
which allows them to do that and there has been no case law and someone
could contest it. After discussion Mr. McCluskey stated the suggestion
sounds logical but there is no case law and it appears to him not to be
illegal and is subject to challenge.
City Clerk Yeadon:
On the second floor proposed construction, Clerk stated he had been
given the responsibility of enlarging the second floor of the City Hall
by the City Council on Feb. 16, 1977. He gave a progress report; stated
he needed to talk to the judge who is to return to work shortly; he needs
a sketch of the area to be enclosed and some details such as number of
windows, doors, lighting fixtures, receptacles, floor covering, and other
interior needs.
Mayor Jarstad:
Thanked all City Departments for making it possible to have an ending
cash balance in the General Fund; that he had asked the departments do
everything they could to leave in money to help in negotiations for 1977;
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CITY COUNCIL MINUTES
February 25, 1977
Page nine
that between the Police and Fire Departments, $190,554.00 had been unspent.
They are the biggest departments and he had been relying on them for
getting the percentage rates needed.
REIMBURSEMENT FOR DAMAGED CITY PROPERTY
Clerk read memo from Asst. City Attorney Sells, dated Feb. 17, 1977, which
stated that it is up to the Court to order reimbursement for damage to City
property as part of the sentence.
COMMISSIONERS' SALARIES
Mayor Jarstad asked that the City Attorney's office prepare an ordinance
using the salaries of the mayor and commissioners for 1978 using the per-
centage factors in addition to the base salary and have it ready for
first reading at next Council meeting. This matter has been heard before
the Council on more than one occasion. He asked that the ordinance
include a cost of living and the 7%, whichever is the lower of the two.
Meeting adjourned at 1:05 P.M.
G. C. Yeadon, Sr., City Clerk
Approved:
Glenn K. Jarstad, Mayor
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