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04/24/1979 - Regular - MinutesPort Orchard, Washington April 24, 1979 Council of the City of Port Orchard, Washington called to regular session by Mayor Paul D. Powers, Jr. Council members present: Eugene Caldwell, Lee Caldwell, Geiger, Miller and Clark. Also present: Attorney Stiehl, Engineer Knobbs, Fire Chief Weatherill and Police Chief Mares. Council- man Wilson excused. Mayor Powers led the audience in the Pledge of Allegiance. On motion by Councilman Lee Caldwell, seconded and carried, Council approved the minutes of the March 26, 1979 meeting as circulated. Mr. Pace, a Site Consultant, presented a proposal for the first phase of a proposed Police, Fire, Public Works Facilities Construction Project. Matter held in abeyance for further study. Mayor Powers opened Public Hearing relative to ,rezone application sub- mitted by Deal Enterprises for their property located approximately 250 feet east of the intersection of Rockwell and Morton. Applicant proposes to construct a 52 unit condominium project on this 2.6 acre site. Council will also consider appeal filed by Orville and Janice Leach relative to Planning Commission recommendation to Council on rezone application. Joan Case, Attorney for Leach, brought to Council's attention that several property owners within 300' did not receive proper notification of either Planning Commission hearings or hearings held by Council on this matter. 'therefore, they request matter of application for zone reclassification be returned to Planning Commission for proper notifi- cation to property owners allowing them to give input. After much discussion as to methods of obtaining an adequate mailing list to include all property owners within 300' of a proposed rezone area, Councilman Lee Caldwell moved to return rezone application as submitted by Deal Enterprises for their property located approximately 250' east of Rockwell and Morton Streets, to the Planning Commission for rehearing. Seconded and carried. Mayor declared Public Hearing closed. Councilman Eugene Caldwell moved to approve rate increase schedule as submitted by Blue & Gold Cab Co., Don Clark, owner. Seconded. Councilman Geiger moved to amend motion to state each taxi cab must have rate schedule posted in a conspicuous location in easy to read lettering. Seconded and carried. Original motion as amended approving increased rate schedule as submitted by Blue & Gold Cab Co. with rate schedule to be displayed conspicuously in each cab, carried. Fire Committee Chairman, Councilman Eugene Caldwell reported that testing and park area behind Station #2 on Sidney Road is a hazardous area that should be fenced off. After much discussion, Mayor Powers instructed Engineer Knobbs to investigate feasibility of installing posts to prohibit vehicular traffic. On motion by Councilman Clark, seconded and carried, Council approved plans for the firing range at the old sanitary land fill located on Old Clifton Road. Councilman Lee Caldwell moved to eliminate one parking space at the Boat Launch parking area. Seconded and lost with two ayes and 3 nos. On motion by Councilman Lee Caldwell, seconded and carried, Council declared Vehicle #11 (1963 International pump Truck) surplus and authorized a call for bids for the sale of the truck. On motion by Councilman Lee Caldwell, seconded and carried, Council approved lease agreement with Fur, Fin and Feathers for property at sanitary land fill located on the Old Clifton Road at a fee of $993.00 per year. Lease subject to approval of lease fee by Fur, Fin and Feathers. Councilman Lee Caldwell moved to approve lease with South Kitsap Western Little League for property at Givens Field with a rental fee of $993.00 per year. Seconded. Councilman Miller moved to amend motion to state fee would be negotiated with the South Kitsap Western Little League. Seconded and carried, with four ayes and one no. Original amended motion to approve lease with South Kitsap Western Little League for property at Givens Field with the rental fee to be negotiated, carried, with four ayes and one no. Councilman Geiger moved to reconsider lease agreement with Fur, Fin and Feathers, seconded and carried, with four ayes and one no. Councilman Clark moved to amend Fur, Fin and Feathers lease to state lease fee will be based on the same fee negotiated with the South Kitsap Western Little League. Seconded and carried with four ayes and one no. Councilman Geiger moved to authorize Clerk to prepare earnest money agreement for property located on the Southwest corner of Tremont and Sidney Road with purchase price to be $30,000.00. Seconded. Councilman Eugene Caldwell abstained from participation on matter due to conflict of interest. Motion to authorize Clerk to prepare earnest money agreement for purchase of property located on the Southwest corner of Sidney Road and Tremont Street carried with four ayes. Councilman Eugene Caldwell abstaining due to conflict of interest. Councilman Clark, Chairman Water/Sewer Committee informed Council his committee has received letter from Mr. Robert Gehring requesting permission to purchase water from Annapolis Water District for his property located on SR 160. Councilman Clark set a Committee meeting for May 1., 1979, at 8:00 P.M. to discuss this matter. On motion by Councilman Geiger, seconded and carried, Council approved Ordinance No. 1089, creating a fund to be known as "Police Reserves Fund" for handling receipts and disbursements of contributions and donations from private sources and amending budget for the year 1979 to provide for transfer of funds from Current Expense Fund to Police Reserves Fund in the amount of the balance of unexpended appropriation for special police. services. On motion by Councilman Lee Caldwell, seconded and carried, Council approved Ordinance No. 1090 amending City of Port Orchard Comprehensive Plan Ordinance No. 895, by amending the Comprehensive Plan Map of certain properties therein. 't On motion by Councilman Lee Caldwell, seconded aid carried, Council approved Ordinance No. 1091 amending City of Port Orchard Zoning Ord- inance No. 899, by amending the Zoning map thereof, reclassifying certain property therein owned by Howard and Robert Roland, located at the inter- section of SR 16 and Sedgwick Road (Southeast Quadrant). On motion by Councilman Clark, seconded and carried, Council approved Ordinance No. 1092 establishing salary schedules for employees of the City of Port Orchard for the year 1979 and retroactive to 3anuary,1,1979. On motion by Councilman Geiger, seconded and carried, Council approved Ordinance No. 1093, an ordinance amending City of Port Orchard Zoning Ordinance No. 899, by amending the zoning map thereof, reclassifying certain property located at Lippert Drive and Sidney Avenue from Residential High to Multi --family 20. On motion by Councilman Lee Caldwell, seconded and carried, Council approved Ordinance No. 1094, an ordinance amending City of Port Orchard Ordinance No. 931, (Section 108, Schedule V) and Port Orchard Municipal Code Section 10.64.080 restricting parking on Bay Street between Harrison Avenue and Maple Avenue. Clerk informed Council that a summons had been received by Mayor Powers relative to a legal suit against James Dawson and Jane Doe Dawson, husband and wife, in their individual capacity and the City of Port Orchard, by Darrel Peterson, charging Officer Dawson had on August 29, 1978 falsely arrested Mr. Peterson for reckless driving. On motion by Councilman Lee Caldwell, seconded and carried, Council rejected claim by Mr. Darrel Peterson against Police Officer James Dawson, Jane Doe Dawson, his wife, and the City of Port Orchard, charging Mr. Peterson was falsely arrested for reckless driving. Matter referred to City`s insurance carrier for investigation. On motion by Councilman Lee Caldwell, seconded and carried, Council accepted petition for annexation as submitted by George and Sharlene Oakley for their property located on the West Boundary of the City limits of the City of Port Orchard and set date of annexation hearing for May 14, 1979 at approximately 7:30 P.M. Annexation petition has been approved by Boundary Review Board. On motion by Councilman Geiger, seconded and carried, Council accepted petition for annexation as submitted by D. Alson VanderStaay and Helen Hill, for their property, Legal description: the South ,of the Northeast. 4 of the northwest 4 of the northwest 4, Section 35, Township 24 North Range 1 East, W.M., in Kitsap County, Washington. Petition to be sent to Kitsap County Boundary Review Board for approval. Councilman Geiger spoke to Council as to possibility of City constructing a boat grid to enable boat owners to work on their boats. Matter referred to Water/Sewer Committee for investigation. Meeting adjourned at 10:25 P.M. ., Clerk 3 / .e.- j/f(fj�j� ». Ma or y