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01/08/1979 - Regular - Minutesfe Port Orchard, Washington January 8, 1979 Council of the City of Port Orchard, Washington called to regular session by Mayor Paul D. Powers, Jr. Council members present: Lee Caldwell, Geiger, Roos, Miller, Eugene Caldwell and Clark. Also present: Attorney Karen Conley, Fire Chief Weatherill and Chief Mares. Councilman Wilson and Engineer Knobbs excused. On motion by Councilman Lee Caldwell, seconded and carried, Council approved the minutes of the December 28, 1978 meeting as circulated. Mayor Powers announced that the Rezone Hearing relevant to application for Rezone as submitted by Roland & Roland, Inc. scheduled to be heard at this time must be rescheduled. Mr. John Piety has filed an appeal to this rezone application and non -sufficient notice was given, to adjacent property owners. Mayor Powers stated anyone present could give testimony concerning the rezone at this time and it would be read into the minutes of the rescheduled hearing. Mr. Piety questioned the Council as to conflict of interest to convene as an appeal board and also give judgement on the rezone application. Mr. Piety requested a hearing before a disinterested appeal board. Attorney Conely informed Mr. Piety that the appeals process negates two hearings (ie. appeal hearing and rezone hearing) and the Council has three choices; 1. Affirm the Planning Commission recommendation and grant the rezone classification. 2. Disaffirm the Planning Commission recommendation and deny the rezone reclassification. 3. Modify or amend the Planning Commission's recommendation and therefore no conflict of interest is present. Lon Nickerson stated that residents of the affected area would suffer greatly by the construction of a shopping center in the Southwest quadrant. Mr. Nickerson stated that loss of quality of life was not worth the monetary price which was to be paid. (See tape #1, 1/8/79 (001--232). On motion by Councilman Lee Caldwell, seconded and carried, Council approved February 12.. 1979 as date of hearing relevant to application for rezone as submitted by Howard and Robert Roland for approximately 54 acres of land located at the intersection of Sedgwick Road and SR 16 situated in Section 2 & 11, 'Township 23 North, Range 1 East, W.M. annexed to the south end of the City by Ordinance No. 977. Appeal hearing filed by John Piety relevant to rezone application submitted by Howard and Robert Roland will be heard at this time also. Norm Olsen, Marina Enterprises, questioned Council as to parking require- ments for a dry storage marina. Parking requirements for this type of business are not given in Ordinance No.1051. Mayor Powers set January 10, 1979, 7:30 P.M. as date of study session on this matter. Susan Cyr approached Council concerning City crews cutting shrubs on her property without giving her proper notice to remove the branches which are blocking the alley or the City would remove them at her expense. Mrs. Cyr stated that many of the cuts are weeping heavily and some of the cuts were improperly made. A nurseryman has advised her the improper cuts should be corrected and all the cuts painted to prevent sap from being lost. Mayor Dowers assured Mrs. Cyr the City crews would repair the damage caused. Lou Rector, Downtown Merchants Ass'n. approached Council concerning a building at904.-4Bay Street. Their Association feels this building represents a possible fire hazard and also grossly detracts from the image that Port Orchard business area is trying to project. Mayor Powers referred the matter to Parks, Playgrounds & Public Buildings Committee and Fire Chief Weatherill for recommendation. Jerry Grosso, Mitchell Street, questioned Council as to reason for the low water pressure on Mitchell Street. Mayor Powers requested City Engineer to investigate this matter. John.Bannon, Entranco Engineers, reported to Council that the Urban Arterial Board (UAB) is holding a meeting Thursday, January 18, 1979 in Olympia. Mr. Bannon recommended.to Council that a delegation attend this meeting to request the UAB update the priority rating for funding of the Fay -pass project. Mayor Powers stated Council will consider the matter at the study session to be held January 10, 1979, 7:30 P.M. Councilman Lee Caldwell, Street and Alley Committee reported to Council that Harrison Street, (Bay Street to waterfront) has been properly marked and signs installed indicating one-way traffic as per Ordinance No. 1066. Police Chief Mares informed Council that officers have been informing and warning motorists of the one-way status of Harrison Street for one week and that citations will be issued beginning January 9, 1979. Councilman Roos reported that the perimeter fence around Wm. Van Zee Park has been 100% completed. On motion by Councilman Lee Caldwell, seconded and carried, Council approved payment of $30.00 for membership in South Kitsap Chamber of Commerce for the year 1979. Clerk submitted letter from Port Orchard Convalescent Center requesting Council consider changing access to the Convalescent Center from Pottery Avenue. Mayor Powers referred the matter to Street/Alley Committee, Engineer Knobbs and Chief Mares for investigation. On motion by Councilman Roos, seconded and carried, Council approved payment of $8.00 for 1979 membership in South Kitsap Improvement Council. (Good Roads Ass'n). On motion by Councilman Lee Caldwell, seconded and carried, Council set date of January 22, 1979 for Public Hearing .relevant to application for annexation to the City of Port Orchard as submitted by Lavena G. McIntyre for her property described as follows: the Na of the NE 4 of the NWa of the NW4 Section 35, Township 24, Range 1 East, WM, situated in Kitsap County. Also known. as 1067 Hill Avenue, Port Orchard, Washington. On motion by Councilman Geiger, seconded and carried, Council approved payment of the bills (Vouchers #5350-5439) in the amount of $19,403.89 and the December Payroll (Vouchers #8373-#8485) in the amount of $51,583.16. Voucher for Annapolis Water Distract in the amount of $1,200.00 to be held for further study. Mayor Powers announced Kitsap County Commissioners are sponsoring a Martin Luther King, Jr. Day Celebration, Monday January 15, 1979, 7:00 PM at St. Pauls Episcopal Church, 700 Callahan Drive, Bremerton, Washington. All who can attend are invited. Meeting adjourned at 9:10 P.M. %' L. Clerk f .a Mayor