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HomeMy WebLinkAbout11/30/77 [JNt {OVE1) MINUTES CITY COUNCIL MINUTES ~;" ' November 50, 1977 5~: ' ~:,.~. Regular meeting of the City Council of the City of Bremerton, Washington, was held in the Council Chambers, 239 Fourth Street, on Wednesday, Novealber 30, 1977 at 9:10 A.M., with Mayor Jarstad presiding. Also present were Commissioner Stewart, Commissioner Scheneman, City Clerk Yeadon, Asst. City Attorney Ryan and representatives of the press and radio. Meetlug was opcned with the Pledge of Allegiance and invocation was given by Pastor i.es Otterby of Our Saviour's Lutheran Church. TAPI!: #122 GREEN REZONE IIEARING - Site Plan ($) Clerk read memo froln Planning Director, dated Nov. 30, 1977, which listed four possible conditions for the Counci]'s consideration: (I) The use of the site shall be limited to personal service establishment or small offices; (2) Retail sales shall constitute only a minor accessory portion of the activity; (3) Advertising signs shall be placed flat against the face of the building and not protrude above any roof line; and (4) Off-street parking shall be provided for not less than__ cars; no parking arrangements may require backing across sidewalks or into parking or traffic lanes. Lyle Robards, 517 So. Hartford St., talked about the site plan and parking. He stated appointments will be staggered so there won't be a pile-up on the parkLug situation; that the back will be concrete and the front will be blacktop and there will be ample parking stalls. Commissioner Stewart stated the parking stalls should be marked and Commissioner Schoneman stated they must be marked and the parking lot must be blacktopped in order to receive a building permit. Commissioner Schoneman asked about screening and Mr. Robards explained that shrubs would be placed in Front and Mrs. Green plans to fence and screen; that north of the property is Mrs. Green's present home. Motion by Commissioners Stewart and Schoneman to approve Green Rezone based on eight (8) parkin% stalls being marked and including recommendations of the Planning Oire~t°w carried unanimously. MINUTES OF NOVEMBER 23, 1977 Clerk read minutes of November 23, 1977. Clerk then read memo from Planning Director, dated Nov. 30, 1977, which requested that the second to last sentence in his comments regarding planning Commission action be changed as follows: Change "maybe" to "that" and "neighborhood" to "community-wide". Clerk stated he would make these changes. Mayor Jarstad ordered the minutes to stand approved as amended. BID AWARDS - Chlorine, Tires and Parking at 4th ~ Park Clerk read memo from Asst. purchasing Agent, dated Nov. 23, 1977, which recommended bid for chlorine be awarded to Pennwalt Corp. Ite then read memo from City Auditor, dated Nov. 29, 1977 which recommended bid for tires be awarded to Shaub Ellison Co., the only bidder. Commissioner Stewart recom- mended that bid for Parking at 4th g Park be awarded to Diamond, Inc. for a six-month period so this contract will be on step with the contract for the City Parking Garage. Motion by Commissioners Schoneman and Stewart to follow recommendations of various committCe.; and award bids as stated above, carried unanimously. HUNT[JRS HIDEAWAY FINAL PLAT Clerk read memo from Planning Director, dated Nov. 28, 1977, which requested that hearing date be set For the consideration of the Hunt;ors Hideaway Final Plat. Motion by Mayor. Jarstad and Co~nissioner Stewart to set hearing date for Ilunters Ilideaway Final Plat on Dec. 21, 1977 at 10:30 A.M., carried unanimously. FUNDING J. R. Warlug, City Engineer, gave the following report: CiTY COUNCIL MINUTES November 30, 1977 Page two FAM Prospectus Submitted: Whoaton Way - 400 ft. N Sylvan Way to Broad St. - Signalization & Widening; 6th St. ~ Callow Ave., Signalization ~ Widening; and Guard Rails Misc. UBBA~ ARTEHIAL BOARD: Eleventh St. & Naval Ave., New Signal-Widening; and Warren Ave. ~ ]6th St., Widening for Left-Turn Lane. FASP:Section #209: Eleventh St. ~ Callow Ave., Signalization; Warren Ave. ~ 13th St., Curb Return; Callow Ave. ~ Burwell St., Fixed Time Controller; Warren Ave. ~ 5th St., Fixed Time Signal System; 6th St. and Callow Ave., Signal System; and 6th St. ~ Naval, Signal System. in sun~mary, FAM Projects Requested $546,500.00, UAB Projects Requested $322,400.00 and FASP:Section 209 (Appr~ved) $188,134.00. City Punds which would be required are $162,938.00. Complete file is available in the City Eng~neer's office. Motion by Cormmissioner Schoneman and Mayor J arstad to accept outline as presented by City Engineer, carried unanimously. GOIT REZONE HEARING DATE (Continuation) Motion by Mayor Jarstad and Commissioner Stewart to set hearing date for Goit Rczone on Dec. 14, 1977 at 7:00 P.M., carried unanimously. CHANGE ORDER #] - Moss Construction Co. Clerk presented Change Order No. 1 for frames and grates on ~he Wheaton Way, Broad to Riddell Project, at an estimated net change of $2,715.00. Motion by Commissioners Schoneman and Stewart to approve Change Order No. 1 for Moss Construction Co. at an estimated net change of $2,715.00, carried unanimously. EVERGREEN SAFETY COUNCIL Clerk presented requisition from Asst. Purchasing Agent, dated Nov. 29, 1977, ~or membership in Evergreen Safety Council for 1978 at a cost of $375.00, te be taken from the Cmmu]ativc Reserve for General Municipal Purposes Fund. Motion by Mayer Jarstad and Commissioner Stewart to approve on the basis that it is one of the recommendations of the City's insurance carrier to hold insurance ra~es down, carried unanimously. ADVANCE LOAN FOR DROUGHT RELIEF Clerk presented application For advance loan for drought relief in the amount oP $204,000.00. Motion by Coimmissioners Schonemam and Stewart to approve application for loan adval~ce oP $204,000.00 and authorize signature of Mayor, carried unanimously. LAND NEEDED FOR NEW WASTEWATER TREATMENT FACILITIES Clerk read memo from Don Proctor, Wastewater Supervisor, dated Nov. 30, 1977, which gave a legal description of certain land tracts that will be needed to provide for the expanded site For the proposed treatment plant at Charleston Beach. Commissioner Schoneman gave a review of the need for these properties and Dr. Proctor spread out aerial photographs showing the reasons for choosing these particular properties. Motion by Con~issioncr Schoneman and Mayor Jarstad to obtain appraisals on the property, carried unanimeusly. CAMBRIAN AVENUE BARRIER Mr. Waring, City Engineer, read a letter which he had written for mailing to Select Contractors who performed the work on Cambrian Avenue Barrier. The letter stated the work was completed on Nov. 25, 1977 and there would be $930.00 liquidated damages because the completion shows 31 calendar days late and the City Engineer could find no justification in awarding an extension off time. Mr. Waring stated that the problem in completing the project was to do with the proper installation of the beacon. tie stated he has checked with the ttighway Dept. and they have to approve the liquidated damages, so the letter will be routed Lhrough them. Motion by Commissioner Schoneman and Mayor Jarstad to accept project as being complete and approve the letter, carried unanimously. CITY COUNCIL MINUTES November 30, 1977 Page three COMMISSIONERS' REPORTS Commissioner Stewart: 1. Discussed offering preferential treatment to homeowners to park in front of their own homes and stated he would like to direct the City Attorney's office to let the Council know what can be done about this. Mayor Jarstad stated the City Attorney's office has written fox' all the documents of that court case and when these are received, the Council will be briefed on what will happen. He stated this information should be received soon. Commissioner Stewart asked if a tracer could be sent to find out where the information went. talked to Chris Foreman, Executive Secretary who handles sauna 2. Stated he 7 had _ licenses in the~'~ ' State law requires that everyone who operates as a masseuse have a state license and they depend on the local people to enforce the statute. Stated an ordinance has been prepared for this purpose but it will require the emergency clause because City licenses are expiring on Dec. 3], 1977. Stated he had asked City Clerk not to issue any more licenses unless these individuals are licensed under state law. Suggested that the City licenses should be running concurrently with the State licenses. Stated the State has an investigation and the City has an investigation and believed that one investigation should be enough. Noted that the State uses the birth date of the applicant and the City could issue prorated licenses to bring the City's licenses into cortformance with State licensing. tie stated the State investigation covered more aspects than the City investigation so the City licenses should hinge on the applicant already having a State license. tie stated that other political entities have followed this course and have accepted State investigation rather than conducting one of their own. Mr. Ryan stated Mr. Sells had pointed out to him that they have no qualms about complying with the State law but his concern isthat the City has appeared in some court cases regarding the City's massage parlor operations and under the circumstances, he felt an emergency ordinance would not be entirely appropriate. It should go on two readings and that is the way he drafted the ordinance. Commissioner Stewart observed that the emergency ordinance is needed to have the ordinance in effect by the end of the license year, which is Dec. 51st. He made a reconmaendation that the ordinance contain the emergency clause and make it so licenses run concurrently with State licenses. City Clerk suggested holding the emergency ordinance over for a week or two and authorizing him to place a notice in the newspaper that the passage of this ordinance as an emergency was being considered. Motion by Mayor Jarstad and Commissioner Schoneman that the proposed sauna parlor emergency ordinance be brought before the City Council at 9:00 A.M. on Dec. 14, 1977 For proposed passage and the City Clerk so notify the public by placing a legal publication in the newspaper, carried unanimously. 3. Stated Frank Randall had contacted him to get future sewer service to the Gorst area. He stated he wants them to pay the same rates as the City people for this future sewer service~? HEARINGS - "01d" Herton Nursing Home, Dubos R/W Vacation ~ Municipal Area #4 Motion by Mayor Jarstad and Commissioner Schoneman to hold hearings in order listed above, carried unanimously. Meeting recessed from 10:25 A.M. until 10:35 A.M. Mr. Ryan left the meeting and Mr. Sexton entered at this time. TAPE #122 "OLD" HORTON NURSING HOME HEARING (B) 1081 Clerk stated he had advertised in the newspaper and has followed the step-by- step procedures of the ordinance. tie then read letters from R. E. peterson, District Supervisor of Dept. of Social ~ Health Services dated Oct. 28, i977; a memo from Police Dept. dated Nov. 1, 1977 recommending approval; a letter from Chief Devery dated Nov. 9, i977, signed by Asst. Chief Kvistad; a memo from Chief Dcvery signed by Capt. Stratton, dated Nov. 14, 1977; a memo from Planning Director dated Nov. 15, 1977; Planning Dept. Staff Report dated Nov. 29, 1977; Final Declaration of Non-Significance adopted Nov. 29, 1977; letter signed by George L. Coombs of the Smith Neighborhood dated Nov. 28, 1977; and a copy of a petition dated Sept. 21, 1977 with 446 signatures all in opposition. All this correspondence is on file in the Planning Dept. -3- CITY COUNCIL MINUTES November 30, 1977 Page Four PROPONENTS: Ray Lauderback, 2327 8th St., Director of Human Progress Association, stated their application was filed for this facility so they may be able to increase their service to their clients and to the community. He stated there was considerable misinformation being circulated and he answered a number of these which concerned the categories of crimes which his clients have committed, security of the building, supervision of those on the work release program, number of parking spaces available and the amoumt of parking needed. Stated those on the progrmn are very carefully screened; they are kept under strict time supervision both at the facility and at their employer's place of business or while seeking employment. Mr'. Sexton stated he was a member of the Board of Continued Progress Association and asked if the "appearance of fairness" should be applied to him. He also stated his firm had prepared the papers for the corporation, etc. Mayor Jarstad stated he should not leave the meeting because there may be legal procedures that need to be clarified but the Council will not ask him for any advice. Steven Hull, 2702 Callshah Dr., discussed the kind of offenders who would be in the program. tlc stated there would be no murderers or rapists. Stated they do a background investigation and very strict supervision is then set up. Hc explained the way the supervision operates. He stated that their clients are able to maintain their employment and pay their bills and make restitutioD if' necessary while they are in the program. He stated that when they are not working, they spend all their time at the facility. Commissioner Stewart asked the cost and it was cited that the individual pays $6.50 per day and the County pays $11.00 per day. Judge Terrance Han]ey spoke in favor of the Facility and the nearly desperate need for it. He stated if the facility is not available, it cuts down on the options available to a judge in imposing a sentence. He stated it is desirable to have it in Bremerton becausc most of the people the court deals with are in this geographical area which cuts down on travel time. Ron Hanna, State Representative and Chairman of Institutions Committee, spoke in fairer of the program and stated that he has been personally involved in setting up a number of half-way houses and work release programs and they have learned from some of the mistakes they have made in the past. He realizes that someone living near a facility is Fearful but what has happened in every instance is that the people have changed their opinion after the facility has been operating for sometime. He stated he would like to reassure the people that given a year or so of the program in operation, they will lose most of theLr fears and concerns, especially since the program has established a high credibility where they have operated. No one has been foand wandering around the neighborhood. He spoke of the strict screening by the judges and the program people in terms of who is allowed in the program. Serious offenders and repeaters and those who could be dangerous are not permitted in the program. He stated both male and female offenders are eligible for the program. Con~nissioncr Schoneman asked what numbe~ of people are to be expected and Mr. Lauderback stated that in the last eight months, they have had two women in the program. With this facility, they would have between B0 and 60 people maximum. Also stated they would have to meet many conditions: light, windows, etc. He stated the people would be in the progra~ for icss than a year. Ray Messegee, Super'visor of the Work Release Program, Division of Corrections, Dept. of Social g Health Services, discussed the number of work release centers in the state and the understandable reservations of the neighbors. He talked about the operation of the probation and penal institutions. Stated that work release would be in a controlled environment involving those that the judge is not willing to put on parole. tle gave other information concerning successful programs, one of which was Pasco. Comm{ssioner Stewart asked what percentage of the people on this program do commit crimes and Mr. Messegee stated 1% during their stay on work release. ile discussed the strictness of the program and stated the program is cost effective. CITY COUNCIL MINUTES November SO, 1977 Page five Charles Wolfe, Adult Correction Officer, Kitsap County Sheriff's Dept., in charge of work release facility, stated that the facility which was constructed about four years ago and was predicted to reach its capacity in 1985 has already reached saturation at least six times in the last four years. Stated they may have to discontinue some programs such as work release because of space. lie stated expansion is costly. Don Oattom, Rt. 1, Box 846, Fall City, stated he was the owner of the building and hoped the building would be used for something worthwhile and advantageous to the community and he thought this was a very worthwhile program. Stated it cost between $1,500.00 and $2,000.00 to maintain the building each month and heat alone at this time is $800.00 per month just be keep the building at 55°. He stated he also must maintain a caretaker in the building. Judge Jay Hamilton spoke in favor of the program. He stated he sympathized with the neighbors who were fearful of the program. Discussed the security of the work release program, stated it has not been a problem and the judges would be the first ones to know. He stated that the alternative to the program would be to put the people back on the streets with no supervision and no training. Sig Cohen stated she was with the local State Office of Adult Probation and Parole and stated there was a dire need of a larger facility. Part of their work is making recommendations to the court and if there is no structured situation it cannot make any recommendation for this type of supervision. She stated in her case load she has people who need this program. Talked about the number of people on her case load and the increase as expected with the growth occuring in the County. Without a program, there will be people on the streets who don't belong there. She stated they have to be responsible in the work release program but not in an institution. She stated that the majority of the clientele comes directly From Superior Court and to her department for pre-sentence investiga- tion and then there are interviews and finally they make a recommendation to the court. She stated if there is no work release program, they will go on straight parole from the institution or straight parole from the County. BID OPENINGS - Police Dept. Remodel and Janitorial Service Motion by Mayor Jarstad and Commissioner Sehoneman to open bids at this time, carried unanimously. Police Dept. Remodel: Kitsap Construction, cashier's check for $50.00 enclosed, $15,617.86. Commercial Builders, bid bond enclosed, $20,825.57. Mall's Remodeling, bid bond enclosed, $16,290.00. Motion by Mayor Jarstad and Commissioner Schoneman to refer bids to proper committee and award at a later date, carried nnanimously. Janitorial Services: AMK Janitorial Services, $50.00 cashier's check enclosed, $1,648.00 per me. Apex Janitorial Service, no bid deposit~ $2,500.00 per me. Control Janitorial Maintenance, $50.00 cashier's check enclosed, $1,199.20 per me. American Building Maintenance Co., $50.00 certified check enclosed, $1,259.74 per me. Bob Henry Maintenance, $50.00 cashier's check enclosed, $3,584.00 per me. Motion by Commissioners Stewart and Schoneman to refer bids to proper committee and award at a later date, carried unanimously. "OLD" HORTON NURSING HOME HEARING (continued) OPPONENTS: Mrs. McDonald, 703 Veneta, presented a petition which she stated contained 596 signatures against the Herbert lieme being turned into a group facility. Jce McDonald, 703 Veneta, spoke against the application and stated property values would be adversely affected; stated there are families living there and people with young children of all ages; and last but not least, senior citizens. He commented that not all programs were successful and talked about one in Everett. He mentioned thai; one employer in Port Orchard couldn't keep one of -5- CITY COUNCIL MINUTES November 50, 1977 Page six these people on the job and he would not be involved in the program again. He also stated that Olympic College is not very happy with the program either, but under state law would have to take people from i.t. He was concerned that all the work re]ease people do not work in the Navy Yard and he did not think the taxpayers of the City should have to support those outside. Asst. Director }lull stated all the people would be From Kitsap County. He stated there are 20 in the program now and there is room for approximately 24. Mr. McDonald stated he can't understand the County building chambers for another judge and he asked why not take some of that money which is ear- marked for law enforcement and use it for a facility. Jess Parker, 1237 7th St., stated he was not opposed to the program, but to the location. He gave a list of the type of crimes committed and asked questions about the use of the income and stated he was also opposed because of bringing in people to a small area. He stated there are always problems in a barracks type operation. He suggested that if these people are safe and no threat to the community, why not put them on the street for 24 hours per day. Me stated that Mr. Olsen gave the Planning Director a decision on this particular use of this facility and he said it was not an allowed use For R-2. Mayor Jarstad explained why a structured facility is necessary and noted that 60% of the people returned to institutions if they are not invelved in this type of program, otherwise the return is 1%. Mr. Parker stated this use will affect the appraised and market prices of properties. Commissioner Stewart stated his opinion was that immediately there was going to be some devaluation which might change after sometime and a record is built up, but immediately there would be some devaluation, especially in light of the petition with 600 signatures against this. Kirby Smith, 1515 ?th St., did not oppose the type of program, but felt some other location should he looked at. Stated he understood the Commodore Hotel was available. Also the old Forestry Bldg at Port Orchard. tie stated he believed property values will go down but the County will not reduce the taxes. Stated there is not enough parking in the area and was concerned about security of the building, Ne stated he believed that a number of these persons will he working on dead-end jobs and the progrsns will run out about the time their probation does. He stated the building had been condemned for housing and it will have to be made more secure from escapes. Also stated that an opinion of the City Attorney is that this is not an area zoned for mini-type prison. There are too many people and elderly in the neighborhood for the security. ,lames Skirving stated he spent most of his life in the neighborhood of 1235 8th. He stated he was in favor of the work release program but he was opposed to the location. Stated it did not ]end itself to future expansion. He stated there was no room for activities such as work or recreation programs in the facility, not enough parking and it was an old building. He stated mistakes of locations of businesses have been made in the past and stated by approving this, the City would be making the same mistake. Alice Logsten, 1220 9th St., stated she was positively against this application. She favored putting children in the building rather than this program. Grace Beck, 1217 7th St., stated she had lived there since 1940. She stated that as the program built up to 60, there would be more people and more danger and it would adversely affect everyone; that it would be unfair to the property owners. She stated there were traffic problems, property would devaluated, dope and alcohol could be smuggled in, there are children in the neighborhood and this program is not compatible with the City because of' its plans to upgrade. She read the attorney's opinion dated Sept. 28, 1977, which stated it was not zoned for this purpose. T. B. Beck, 1217 7th St., stated the City is being upgraded and there are plans being made; there are 15 children up to 18 years of age from the front door up the hill to Veneta. Stated he felt it would be a disgrace to put this in the area and let them run wild. Stated the building was old and doubted there was room for 50 cars. Stated the building was a fire hazard and there were cars -6- CITY COUNCIL MINUTES November 30, 1977 Page seven parked in the neighborhood and the police dept. has enough to do and can't check the cars. Virginia Lewis, 1516 Elizabeth, Secretary to the Smith Neighborhood, stated there was supposed to be a plan being used and it shows this to be residential. Ron Gordon, 1208 8th St., did not believe the site was desirable. There is no parking and he stated the petition was not that valid because he had been contacted by someone who had given him information that was not proper. Don Ostrom stated the building is not a fire hazard; that is completely sprinklered. He spoke of the laminated beams. Stated he had built ramps which cost $18,0OO.OO for one and $10,0OO.OO or $11,000.00 for the other Stated they would comply with requirements. Stated the major problem was with the Navy Yard parkers. lie stated they were not taking advantage of the community financially and he is talking about a building with a valuation of $350,000.00 with a replacement cost of over a million dollars. Loy Vogtlin, 1503 8th St., stated she was concerned about someone getting murdered as has happened elsewhere. Mildred Wakemore, 1212 6th St., stated her property has been devalued already because of the type of people living there and she was concerned about what would happen to her property value. She stated she lived alone and is concerned about security. She noted that the people in Favor are working for money in the program. Mr. Kirby Smith stated he wondered about Mr. Gordon's statement about the petition and stated no one had said anything like that to him. He questioned wily the Hopton Nursing Home moved out when they had a more profitable operation with the nursing home. He wondered why the County could not put up some money for a facility. Mayor Jarstad closed testimony at this time for con~ents from the commissioners. Mayor Jarstad summarized his feelings and stated there was a need for the program but the location bad to be taken into consideration. He stated that people were already being asked to put up with many troublesome problems that have occurred because of the increase of population and parking was difficult in that area because of the bank employees and others parking. He also noted there is 100% opposition to this program in the facility. He stated the commissioners would like to see the building occupied and the people would like to see it occupied as well as the owner, but there is overwhelming opposition. Commissioner Stewart stated there are not many successes in crime prevention. He didn't believe a sleeping facility was essential and this use would cause a property devaluation. Also not enough parking. This would make a severe parking problem. He stated there is work to be done for the City and that is where these people should be used but he has not been able to get this accomplished. He stated there was considerable vandalism and he can't get anyone from programs to come work for him. He also stated he is very critical of crime prevention programs. Did not want to see an empty building but there is not enough parking and City would not let an apartment house go in there. He stated he was personally opposed to this facility in this area. Commissioner Schoneman stated he is 100% behind this program, but on the technical aspects, the parking is lacking and it was lacking when the Hotton Nursing Home was operating. Stated this would have to be corrected by acquiring additional property. tte suggested there were other locations such as abandoned schools and the National Guard area might be made available by the State. He also stated that grants have been available for enlarging the court house and felt that a grant may be available for a building. He stated he believed the reason the Hotton Home was closed was that it was dangerous even with the sprinkling system and hc questioned why there could be a work release program there and not a rest home. -7- CITY COUNCIL MINUTES November 30, 1977 Page eight Motion by Commissioners Stewart and Schoneman that the application be denied for the work release facility for the Hotton Nursing tlome, carried unanimously. TAPE #123 DUBOS R/W VACATION IIEARING (A) 1390 Clerk stated he had advertised and published as required by law. He read Planning Commission Resolution No. 433 which recommended denial of request for vacation of portion of right-of-way of Naval Avenue. He then presented Planning Comanission Minutes dated Oct. 18, 1977 and Staff Review dated Oct. 13, 1977. Clerk read letter from Mr. Dubos, dated Nov. 8, 1977, which commented on some of the points made during the Planning Commission Hearing. This letter is on file in the Planning Dept. (Hearing continued on page 9.) ORDINANCE N0. 3392 - Council Meeting Day Change Clerk read, second reading, "AN ORDINANCE amending Ordinance No. 2987, Section 1, which is codificd as BMC 2.04.010 by changing the day of the regular meeting of City Council from Wednesday to Tuesday of each week unless otherwise provided". Motion by Mayor Jarstad and Commissioner Schoneman to pass Ordinance No. 3392 on second reading, by title only, carried as follows: Mayor Jarstad, Yes; Conrmissioner Stewart, Yes; Commissioner Schoneman, Yes. 0~INANCE NO. 3393 - Vacation and Sick Leave for City Employees (Emergency) Clerk read, first reading, "AN ORDINANCE amending Sections 7a and 17a of Ordinance 1813 as amended by Ordinances 2267, 2386, 2935, 3025 and 3237 relating to vacation and sick leave for City employees; and declaring an emergency". Motion by Mayor Jarstad and Commissioner Stewart to pass Ordinance No. 3393 on first rcading, by title only, carried as follows: Mayor Jarstad, Yes; Commissioner Stewart, Yes; Commissioner Schoneman, Yes. ORDINANCE NO. 3394 - Swimming Pool Code Clerk read, second reading, "AN ORDINANCE adopting the International Association of Plumbing and Mechanical Officials Uniform Swimming Pool Code, 1976 Edition and providing penalties for the violation thereof". Motion by Commissioners Stewart and Schoneman to pass Ordinance No. 3394 on second reading, by title only, carried as follows: Mayor Jarstad, Yes; Commissioner Stewart, Yes; Commissioner Schoneman, Yes. ORDINANCE NO. 3395 - 3rd Transmission Line Fund Balance Clerk read, second reading, "AN ORDINANCE repealing Ordinance 3240 and providing for disposition of the fund balance". Motion by Commissioners Stewart and Schoneman to pass Ordinance No. 3395 on second reading, by title only, carried as follows: Mayor Jarstad, Yes; Commissioner Stewart, Yes; Commissioner Schoneman, Yes. ORDINANCE N0. 3396 - TV Cable System Clerk read, second reading, "AN ORDINANCE prohibiting the unauthorized use of any cable television system". Motion by Commissioners Stewart and Schoncman to pass Ordinance No. 3396 on second reading, by title only, carried as follows: Mayor Jarstad, Yes; Commissioner Stewart, Yes; Commissioner Schoneman, Yes. CENCOM MAINTENANCE CONTRACT FOR 1978 Clerk read memo from Connmunications Supervisor, dated Nov. 28, 1977, which stated he had discussed the contract with the Mayor and Mr. Patmon recommended that the City accept the proposed contract. Motion by Mayor Jarstad and Commissioner Schoneman to approve maintenance contract with CENCOM for 1978, carried unanimously. CHANGE COUNCIL DAY LAST WEEK iN DECEMBER Motion by Mayor Jarstad and Commissioner Schoneman to hold City Council Meeting on Tuesday, Dec. 27, 1977 instead of Wednesday, Dec. 28, 1977, carried unanimously. Mayor Jarstad left the meeting at this time. CITY COUNCIL MINUTES November 30, 1977 Page nine DUBOS R/W VACATION HEARING (continued) No one was present to testify either for or against the proposed vacation. Motion by Commissioners Stewart and Schoneman to deny vacation based on the recommendation of the Planning Commission. Under discussion: Commissioner Schoneman stated Naval Ave. will be widened from llth to Anderson Cove and this property is right in the middle of that. Motion carried. TAPE #125 DISPOSITION FROM MUNICIPAL AREA #4 - Sheridan Road (A) 1575 Dr. Vahey, Pastor of St. Luke's Methodist Church, had written a letter Oct. 25, 1977 stating he was interested in property adjacent to the church land which belonged to the City and was known as Municipal Area No. 4. Clerk stated he had written a letter to Dr. Vahey and the Council has previously set today to hear the representative of the church. Glen Feoples, Chairman of the Trustees of St. Luke's, was present and stated the church was interested in buying this property. The property faces Sheridan Road and is 50 x 125 ft. Commissioner Schoneman stated he was aware of this property and the City had no use for it and he believed it should be disposed of to the best interest of the City. He explained that bids would have to be obtained after appraisals have been made and the appraisal costs should be added to the sale price. Motion by Commissioners Schoneman and Stewart that the property be disposed oF to the best interest of the City and that proper appraisals be obtained and report to the City Council when information is available. Under discus- sion: Commissioner Schoneman suggested that since the property was turned over to the City by the USA, it might have to be turned back if there were some restrictions to this effect. City Clerk stated he would cheek the original deed to be sure there are no restrictions. Motion carried. ORDINANCE, FIRST READING - Periodic Examinations of Massage Parlor Employees for Communicable Diseases Clerk read, first reading, "AN ORDINANCE providing for periodic examinations by Bremerton Department of Health of massage parlor employees for communicable diseases". Motion by Commissioners Stewart and Schoneman to approve ordinance on first reading, by title only, carried as follows: Mayor Jarstad, Absent; Commissionel' Stewart, Yes; Commissioners Schoneman, Yes. REPORT ON MEDICAL/DENTAL RATES FOR 1978 Clerk presented letter from Schwarz, Shera & Associat s, Inc., dated Nov. 28, ttd 1977, which gave the hospital/medical/dental rate~,~Fo ~ sae open enrollment is now on and information is bein distributed to the employees now. A copy of the letter is on file in the City Clerk's office. PROTEST OF SPECIAL USE PERMIT IN "C'1 ZONE (Letter from Mrs. Sereduck) Clerk presented a letter signed by Mrs. Sereduck, no date, and Clerk explained Mrs. Sereduck was complaining about a special use pex~it in a "C" zone. He stated the time to appeal an action of the Planning Commission is ten days and this special use permit was approved Sept. 20, i977. Clerk stated he will write to Mrs. Sereduck and explain this to her. GROUP HOME SITE REQUEST - Johnnie & Diana Harris Clerk read letter signed by Johnhie a Diana Harris, dated Nov. 25, 1977, which thanked the City Council for time and consideration while dealing with their application for a special use permit for a group home. It stated further they consider this only a temporary setback and they are seeking other possible sites to begin a program of this type. They asked if the City has some property with an appropriate building that they could lease for a trial period or if the Council has any ideas they could use. -9- CITY COUNCIL MINUTES Novembcr 30, 1977 Pa e g ten SLEDDING Clerk read memo from Parks Superintendent, da%ed Nov. 28, 1977, which requested au%horization to barrieade certain streets which have previously been desig- nated as sledding areas. The list of streets is on file in the City Clerk's office. Motion by Commissioners Stewart and Sehoneman to approve areas for sledding, eartied. BILLS Motion by Commissioners Stewart and Sehoneman to give blanket approval to vouchers 01594 thru 01694 inclusive in the amount of $57,517.11 and vouohers 1590 and 1591 in the amount of $22,989.40, checked by Darlene Hermann for City Auditor, eartied. Meeting ad3ourned at 1:50 P.M. G. C. Yeadon, St., City Clerk Approved: Glenn K. Jarstad, Mayor -10-