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12/23/1985 - Regular - MinutesDecember 23, 1985 Port Orchard, Washington Council of the City of Port Orchard, Washington, called to regular session by Mayor Leslie J. Weatherill. Council - members present: Clauson, Wilson, Geiger, and Grosso. Councilmembers Childress, Miller and Grable excused. Also present: Attorney Haberly, Police Chief Mathews, City Engineer Curles, City Clerk Hower, Administrative Assistant Thomas. Fire Chief Snow excused. Councilman Geiger led the audience and Council in the Pledge of Allegiance. On motion by Councilman Grosso, seconded by Councilman Clauson, Council approved the minutes of the December 9, 1985 meeting as circulated. Councilman Clauson moved to approve Ordinance No. 1330 amending the budget for the year 1985 and ordering appropriation of funds, seconded by Councilman Wilson and carried. Councilman Wilson moved to table proposed Ordinance No. 1331 until the City Attorney is present, seconded by Councilman Clauson and carried. City Clerk reported on bid opening held December 23, 1985 at 4:30 P.M. relative to Cali for Bid on surplus equipment as follows: George Thompson - $3.15 cash bid bond 10 KW Generator - $32.00 5 KW Generator - $11.00 Dick Wolf - $3.00 cash bid bond Trailer mounted steam cleaner - $26.50 Hale Fire Pump - $26.50 Jay Cookson - $1.00 cash bid bond Continental 6 cyl. engine - $20.00 Ron Peterson - $10.00 cash bid bond Trailer mounted steam cleaner - $57.50 Continental 6 cyl. engine - $32.59 Gasoline Pump - $18.95 5 KW Generator - $15.95 10 KW Generator - $61.50 Clyde Hughes - $6.00 cash bid bond 100 HP Motor - $12.50 30 HP Motor - $ 6.00 Bid not accepted, items 2 HP Motor - $ 2.50 not advertised. Bid bond 25 HP Motor - $ 6.00 returned to Mr. Hughes. Howard Minor - $50.00 cash bid bond Hale Fire Pump - $150.00 Continental 6 cyl engine - $40.00 Air Defense Siren - $30.00 James W. Simpson - $15.00 cash bid bond Misc. water pumps and electric motors - $50.00 10 KW Generator - $200.00 5 KW Generator - $ 50.00 December 23, 1985 Page Two Councilman Wilson moved to accept bidding on advertised surplus equipment and to allow the City Clerk to award the surplus equipment to the highest bidder and dispose of the remainder in best interest of the City, seconded by Councilman Grosso and carried. Councilman Grosso moved to remove proposed Ordinance No. 1331 from the table, seconded by Councilman Geiger and carried. Councilman Grosso moved to approve Ordinance No. 1331 amending Ordinance No. 1195 and Ordinance No. 1159 relative to Conditions on Zone Reclassification, seconded by Councilman Wilson and carried. Councilman Grosso moved to reject the Call for Bids for sale of City property - Sidney/Kendall that were received December 9, 1985 and resubmit the Call.for Bids, seconded by Councilman Councilman Clauson moved to amend motion to state the Call for Bids be readvertised with a minimum bid of $10,250.00, seconded by Councilman Wilson, and carried. Original motion as amended to reject the Call for Bids for sale of City property - Sidney/Kendall Street that were received December 9, 1985 and readvertis:e the Call for Bids with a minimum bid of $10,250.00, carried with 4 ayes. Councilman Wilson distributed material from City of Bremerton regarding Residential Parking Permits and requested the Council review material for further discussion at next Council meeting. Councilman Geiger moved to concur with Kramer, Chin and Mayo's recommendation for the belt press sludge treatment at the wastewater facility and authorized them to proceed with the design plans and installation, seconded by Councilman Clauson and carried. Councilman Clauson moved to declare Police Department hand guns surplus and to dispose of in the best interest of the City, seconded by councilman Wilson and carried. Mayor Weatherill opened Public Hearing scheduled for 8:00 P.M. to consider whether the City should repeal Ordinance No. 1308 relating to and providing for the annexation of territory to the City of Port Orchard (Old Clifton Road -Dow Annexation). (Legal Description -Attachment "A") Mayor Weatherill called for public input in favor of repealing Ordinance No. 1308 rescinding "Dow Annexation". Martin Mittett, attorney representing South Kitsap Rural Action Movement (S.K.R.A.M.) spoke in support of rescinding annexation Ordinance No. 1308 citing, but,not limited to, the following reasons: 1. Procedural errors, State Statues (RCW) not followed precisely (no written notice of intent was submitted, public hearing held out of procedural order). December 23, 1985 Page Three 2. Some petitioners have submitted affadavits stating wrongful inducement by Errol S. Dow. 3. Some petitions were not signed by both husband and wife of marital community. 4. Zoning designation not addressed at time of annexation proceedings. Environmental Pro- tection Act states whenever major action significantly effects environment an Environmen- tal Impact Statement or a threshold declaring of non -significance must be prepared. Larry Croix, 3989 Lieseke Lane, submitted petition signed by eight original petitioners -for annexation and nineteen other interested persons requesting the annexation be rescinded. Robert Spaeth, 1612 SW Clifton Road, spoke in favor of rescinding annexation action to allow the property to revert to "as it was". William Havens, 3353 Anderson Hill Road, stated his support of repealing Ordinance No. 1308 to rescind annexation. Debbie Enyhart, 1661 Hanson, voiced support for rescinding annexation. Clyde Abelein, 1441 SW Cook Road, spoke in favor of repealing Ordinance No. 1308. Mayor Weatherill called for public input opposed to repealing Ordinance No. 1308. Bill Brown, owner of property within subject area, stated he is against any action to repeal Ordinance No. 1308. Errol S. Dow strongly opposed any change of boundaries of the City and urged Council to uphold Ordinance No. 1308. Mayor Weatherill closed public input portion of Public Hearing and opened discussion to Council Councilman Wilson moved to authorize Ordinance be drafted to repeal Ordinance No. 1308, seconded by Councilman Grosso and carried, with four ayes. Vouchers audited and certified by the auditing officer (City Clerk) as required by RCW 42.24.080, and those expense reimburse- ments claims certified as required by RCW 42.24.090, have been recorded on a listing and made available to the Council. On motion by Councilman Geiger, seconded.by Councilman Clauson Council unanimously approved payment of those vouchers as follows: (Claims) Warrant No. 6,499-6,547 in the total amount of $22,679.91. Councilman Wilson moved to allow the City Engineer to contact Puget Power and request. second light standard be installed at crosswalk east of Dairy Queen, seconded by Councilman Grosso. December 23, 1985 Page Four Councilman Clauson moved to amend motion to include request for a second light standard at the crosswalk by Top Auto, seconded by Councilman Grosso. Original motion as amended to authorize the City Engineer to proceed with installation of a second light standard at crosswalk east of Dairy Queen and at crosswalk by Top Auto, carried with 4 ayes. Meeting adjourned at 8:35 P.M. C L E R K MAYOR ATTACHMENT "A" Port Orchard City Council December 23, 1985 1,17"GAT, DESCRTPTION: Beginning at the Northwest corner of Section 3, Township 23 North, Range 1 East, W.M., which is the True Point of Beginning : Thence South along the West line of said Section 3, 1,400 feet, more or less to the Southwest corner of the Northwest quarter of the Northwest quarter thereof; thence along the South line of the N(-)rth half of said Northwest quarter to the Southeast corner of the Northeast quarter of the Northwest quarter of said Section 3; thence continuing East, along the South line of the North half of the Northeast quarter of said Section 3 a distance of 652.72 feet; thence N 40*0100" E 140 feet; thence S44*57119.5"E to the South line of the Northwest quarter of the Northeast quarter; thence_ East to the east right-of-way margin of SR16; thence Northwesterly along said margin, to it's point of intersection with the West line of the Southwest quarter of the Northeast quarter of Section 34, Township 24 North, Range 1 East, W.M.; thence South along said 1j)1est line, to it's point of intersection with the ',Jest right -of --way margin of SR16; thence South, along the East line of the Northeast quarter of the Southwest quarter, to the Northeast corner of the South half of said Northeast quarter of the Southwest quarter; thence West, along the North line of the last said subdivision, to the Northwest corner there- of; thence South, along the West line of said subdivision, to the Southwest corner thereof; thence East, along the Southline of said subdivision, to the Southeast corner thereof; thence South, along the East line of the Southeast quarter of the Southwest quarter of said Section 34, which is also the Northeast corner of the Northwest quarter of Section 3, Township 23, Range 1. East, VJ_M_; thence West, along the North line of said Northwest quarter_, to the True Point of Beginning. Situated in Kitsap County, Washington.