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12/27/1988 - Regular - MinutesPort Orchard, Washington December 27, 1988 Council of the City of Port Orchard, Washington called to regular session by Mayor Leslie J. Weatherill. Councilmembers present: Clauson, Childress, Geiger, Powers, Smith and Grable. Councilman Wilson absent due to illness. Staff present: City Attorney McCluskey, Police Chief Mathews, City Engineer Curles, Fire Chief Snow and City Clerk Hower. Councilman Geiger led the audience and Council in the Pledge of Allegiance. On motion by Councilman Geiger, seconded by Councilman Clauson, Council approved the minutes of the December 12, 1988 meeting as circulated. On motion by Councilman Clauson, seconded by Councilman Geiger, Council adopted Resolution No. 1504 authorizing the issuance of a Special Use Permit to Paul and Lynn Olson allowing the conversion of an existing structure into an office for an appraisal business at 314 Division Street. Mayor Weatherill presented proposed 1989 Public Defender Services Contract between the City of Port Orchard and the law firm of Case & Jackson, Inc. P.S. This proposed contract contains the same terms and compensation as the 1988 Public Defender Services Contract. After discussion on scope of service, reporting requirements and compensation, Councilman Geiger moved to approve the 1989 Public Defender Services Contract and authorize the Mayor to sign contract document, seconded by Councilman Clauson and carried with six aye votes. Councilman Geiger.moved to approve Ordinance No. 1442 amending Section 1 of Ordinance No. 831 and Section 6 of Ordinance No. 698, by adding new provisions concerning the requirement of connecting to the public sewer system, seconded by Councilman Clauson and carried with six aye votes. Councilman Smith moved to approve Ordinance No. 1444 amending Ordinance No. 1335 relating to parking of mobile homes and recreational vehicles, (Port Orchard Municipal Code Section 17.72.010 RESTRICTIONS), seconded by Councilman Powers. Councilman Geiger moved to amend proposed Ordinance No. 1444 to change three (3) hour parking limit to seventy-two (72) hour parking limit, seconded and carried. The original motion as amended was unanimously approved adopting proposed Ordinance No. 1444 amending Ordinance No. 1335 establishing that no person shall park or locate and use any mobile home or recreational vehicle for human occupancy on any lot, tract or parcel of land in the City of Port Orchard for a period longer than seventy-two (72) hours (exceptions noted in Ordinance). On motion by Councilman Geiger, seconded by Councilman Grable, Council unanimously approved Ordinance No. 1445 amending the budget for the year 1988, and ordering appropriation of funds and authorizing a budgetary transfer. Mayor Weatherill opened Public Hearing scheduled for 7:45 PM. This is the first of two Public Hearings to review, seek comments and evaluate establishing a Comprehensive Plan Map Designation of Residential Low for property located east of South Flower Street (2200-2400 blocks) and adjacent to Blackjack Creek. Price/Minor annexation (Legal description - Attachment "A"). The City Council requires the simultaneous adoption of a Comprehensive Plan Designation as a condition of acceptance of an annexation petition. December 27, 1988 Page Two City Engineer Curles reviewed location of subject property and reported a Comprehensive Plan Map designation of Residential Low is consistent with the residential nature of the neighborhood. Mayor Weatherill called for public input in favor of or against the City establishing a Comprehensive Plan Map designation of Residential Low for the Price/Minor Annexation property. As no response was received, the Mayor declared this Public Hearing closed and announced the second and final Public Hearing has been scheduled for February 13, 1989 at 7:45 PM. Mr. Mark Butler, 918 Sidney Avenue, reported that he is the owner of a 1967 Pontiac Lemans which sustained extensive damage as the result of a hit and run accident on Sidney Avenue. He had recently obtained ownership of this vehicle and had not transferred the registration to his name. Mr. Butler requested the City pay the impound fees since no one had contacted him to allow him the opportunity to remove the vehicle from the sidewalk. Police Chief Mathews reported the investigating officer had attempted unsuccessfully to reach the registered owner through CEH-COM and therefore ordered the vehicle impounded to clear the scene. Councilman Geiger moved to deny Mr. Mark Butler's request for the City to pay impound fees which resulted after a hit and run incident on Sidney Avenue, seconded by Councilman Smith and carried with six aye votes. Council suggested Mr. Butler seek reimbursement of damages through court proceedings (the hit and run driver has been identified and charged). Rich Medved of Dujardin Development Company requested Council concurrence of proposed access revision to Blackjack Square development (southeast quadrant of Bethel/Lund intersection). Proposed revision will allow right -in only access. On motion by Councilman Geiger, seconded by Councilman Smith, Council concurred with access revision as proposed by Dujardin Development Company which will allow right -in only access to the commercial development in the southeast quadrant of Bethel/Lund intersection with the condition that extruded curb be installed to prohibit left hand turns. Mayor Weatherill reported that the Puget Sound Air Pollution Control Agency has responded to the City's letter voicing disagreement with proposed "Red Zone" boundaries. Ms. Anita J. Frankel, Air Pollution Control Officer has stated that if the City desires to have Port Orchard removed from the proposed no -burn zone, the Air Pollution Control Agency should be contacted prior to January 6, 1989 and it will be removed. Councilman Clauson moved to request that Puget Sound Air Pollution Control Agency remove Port Orchard from the "Red Zone" (no -burning allowed), seconded by Councilman Powers and carried unanimously. Mayor Weatherill submitted letter from Griffin Management Company requesting authorization for sign permits to install two directional signs on residential property along Tremont Street advertising the Mariners Glen Apartments (Jackson Avenue). Councilman Geiger moved to deny Griffin Management Company's request for sign permits to install directional signs due to conflict with Port Orchard Zoning Ordinance, seconded and carried. Commercial signs are not allowed on property zoned Residential. December 27, 1988 Page Three On motion by Councilman Geiger, Council approved 1989 garbage service rate structure as submitted by South Sound Sanitation subject to verification of cost of living percentage and that no rental rates for Dura-Kan containers are included. Councilman Clauson moved to authorize City Engineer Curles to start negotiations with property owners to obtain sewer easements from Pottery Avenue to Sidney Avenue. Final agreements subject to Council approval. Vouchers audited and certified by the auditing officer (Deputy City Clerk) as required by RCW 42.24.080 and those expense reimbursement claims certified as required by RCW 42.24.090 have been recorded on a listing and made available to the Council. Councilman Geiger moved to approve payment of those vouchers as follows: Claim Warrant No. 11337-11376 in the total amount of $28,012.94, seconded by Councilman Grable and carried. On motion by Councilmen Clauson and Powers, seconded by Councilman Grable, Council adopted proposed Ordinance No. 1438 amending Ordinance No. 1369 by extending time limit on Roland/ Roland Rezone to November 12, 1989. Councilman Clauson moved to approve proposed Ordinance No. 1443 regarding Hazardous Materials Facility Warning System for the City of Port Orchard/Kitsap County First Response Community, seconded and carried. Meeting adjourned at 8:34 PM. fir¢- ��`-'-£i ty C1 er Mayor