07/27/1992 - Regular - MinutesPort Orchard, Washington
July 27, 1992
Council of the City of Port Orchard, Washington, called to regular session by
Mayor Pro-tem John Clauson at 7:30 PM. Councilmembers present: Clauson,
Childress, Morrison, Geiger, Smith, Powers and Grable. Staff present: City
Attorney Haberly, Police Chief Mathews, City Engineer Curles, Fire Chief Snow
and City Clerk Hower.
Councilman Grable led the audience and Council in the Pledge of Allegiance.
On motion by Councilman Grable, seconded by Councilman Geiger, Council
approved the minutes of the July 13, 1992 regular meeting with the following
corrections:
1) Page 9, page number should read Page Nine of Ten
2) Page 9, paragraph 7 should read, On motion by Councilman
Geiger
3) Page 10, paragraph 6, line 2 should read ...sign Change
Order No.'s 1 and 2
Police Chief Mathews read letter of commendation praising Police Reserve
Officers Carl W. Welborn, Jr. and Douglas E. Roberts for their professional
response to a July 4, 1992 incident. Mayor Pro tem and Councilmembers
applauded Officers Roberts and Welborn expressing thanks for their time and
service. Volunteer Police Reserve Officers are an invaluable asset to our
community and are appreciated.
Letter from Scott Lam requesting permission to locate a "reader board" type
sign along Mile Hill Drive to advertise the location of his restaurant was
referred to the Street and Alley Committee for review.
Robert Ruffner requested a rehearing of his Petition to vacate a portion of
Morton Street right--of-way. Mr. Ruffner stated he did not receive written
notification of date of prior Public Hearing. Clerk confirmed Mr. Ruffner was
not provided with a written notification.
On motion by Councilman Smith, seconded by Councilman Morrison, Council
approved Resolution No. 1609 setting September 14, 1992 (7:45 PM) as date and
time of Public Hearing to reconsider a Petition to Vacate a Portion of Morton
Street as submitted by Robert Ruffner. Legal Description of subject property:
Situated in Section 26, Township 24 North, Range 1 East, Kitsap County. The
full sixty foot width of Morton Street which abuts Lots 17 and 18, Block 14 of
Sidney 1st Addition and Lots 1 and 2, Block 10 Sidney ist Addition.
Port Orchard, Washington
July 27, 1992
Page two of seven
City Clerk reported on bid opening held July 23, 1992 for the Road Repair
Project. Bids, with required bid bonds, were received as follows:
Fox Island Construction $27,500.00
Ace Paving 23,960,00
Engineer's Estimate 19,450.00
Councilwoman Powers moved to accept the bidding and award the Road Repair
Project contract to low bidder Ace Paving in the amount of $23,960.00 and
authorized the Mayor to sign required contract documents. Seconded by
Councilman Morrison and carried.
Mayor Pro-tem Clauson recessed City Council meeting and reconvened Council
members as the SEPA Board for Appeals and Adjustment.
EPA Boardmember Chuck Childress ask to be excused from Appeal Hearing
due to potential conflict of interest. Mr. Childress owns property within 300
feet and operates a development/construction firm.
Mayor Pro-tem Clauson opened 7:45 P.M. Public Hearing regarding Appeal(s) to
Determination of Non -Significance for the Village Square Project. Three
Appeals were submitted by South Kitsap School District; Gayle Helseth-Kenison
and Helen Havens -Saunders; and Don Lorimor.
Mayor Pro-tem Clauson outlined appeal hearing procedures and informed Board
members and public that only matters of appeal(s) are to be discussed. items
not subject to appeal are not to be presented at this time.
City Engineer Curles, the "Responsible City Official" for SEPA procedure in
the City, reviewed Board of Appeal and Adjustment options:
1. Uphold the appeal and issue a Declaration of Significance,
which will require an Environmental impact Statement for the
Village Square Project.
2. Mitigate the DNS that was issued.
3. Deny the appeal(s) and the DNS stands.
Mr. Curles outlined each appeal item giving facts and recommendations to
support his DNS finding. He also reported that Department of Fisheries and
Department of Ecology have submitted concerns and comments on the SEPA
1)NS.
Mayor Pro-tem Clauson called for input regarding appeal matters and explained
each appellant, applicant and city staff will have an opportunity for rebuttal
after initial input.
Port Orchard, Washington
July 27, 1992
Page three of seven
Dr. Terry I. Eade, Assistant Superintendent for Business representing South
Kitsap School District #402, addressed Growth Management considerations and
the impact this project is expected to have on the school system and facilities.
Dr. Eade stated school impact fees within the Growth Management Act are to
mitigate impact of temporary and long range effect on schools. SK District
#402 is seeking impact fees of $91,710 from the Village Square Project.
Appellant Gayle Helseth-Kenison, 3698 SE Horstman Road evaluated projected
growth in subject area and its impact on storm water runoff and other
environmental issues. Ms. Helseth-Kenison referenced ecological problems
experienced during construction of other large developments within the South
Kitsap area and suggested the Village Square developer downsize this project
to reduce environmental impact.
Appellant Don Lorimor, 379 South Street W., supported comments by other
appellants regarding school impact and potential environmental issues. Mr
Lorimor also voiced concerns relevant to traffic impacts and wetland issues.
Mark Kuhlman, PE, Pac-Tech Engineering, Inc., spoke on behalf of project
applicant Pat Lockhart. Mr. Kuhlman summarized environmental checklist
procedure and process. While speaking to matters of appeal, he also
addressed concerns of Dept of Fisheries and Department of Ecology. Mr.
Kuhlman stated the Growth Management Act calls for density in urban growth
areas (cities).
Doris Small, Department of Fisheries, expressed departmental concerns
emphasizing applicability of the hydraulics code (HPA) and water quality
problems in this area. She clarified the purpose of SEPA is to determine best
alternatives for a project.
Bill Palmer, land use planning consultant, questioned the City's ability to
provide for school impact fees under State Environmental Protection Act
(SEPA) . (*Note: City Attorney Haberly stated Mr. Palmer's interpretation of
SEPA provisions does not apply.)
Morgan Colby, 1392 Cedar Canyon Pl., urged Appeal Boardmembers to consider
future impacts to Ross Creek by run off citing creek bank already lost due to
increase in stormwater runoff from developed properties, such as his lot.
Richard A. Brown, Kitsap County Board of Realtors, cautioned Appeal Board
members regarding establishing precedent and urged City to review SEPA
ordinance to address school impact fees.
Port Orchard, Washington
July 27, 1992
Page four of seven
Darin Haustveit, 1406 Canyon Court, recommend the Board uphold the appeal(s)
and require a full Environmental Impact Statement to provide comprehensive
review of all environmental and school impact issues.
Mayor Pro-tem Clauson called for further input. As no further initial input
was received. Mayor Protem Clauson called upon appellants, applicants and
city staff to submit rebuttal or comments.
Dr. Eade cited SEPA Section 15 relevant to school impact issue and stated that
because the City has not addressed school impact fees, the SEPA is the only
means of addressing this subject at this juncture. The School Board is
willing to negotiate with developers to establish appropriate school impact fees
as an alternative means to alleviate.
Gayle Helseth-Kenison - no comment.
Don Lorimor - no comment
Mayor Pro-tem Clauson called for further rebuttal by appellants. As no
additional statements were submitted by appellants, Mayor Pro--tem Clauson
requested project proponent to submit rebuttal.
Mark Kuhlman stated the project as planned at this time, will be required to
adhere to the Department of Fisheries Hydraulics Code (HPA). Best
Management Practices will be used to maintain water quality.
City Engineer Curles address areas of concern, emphasizing the following
matters. Staff needs direction and policy from Council for school impact fees;
HPA and other environmental regulations have become more stringent in the
past few years and problems encounter by past development in the South
Kitsap area should not be reexperienced; and Dept. of Fisheries regulations
and requirements can control water quality concerns.
As no further testimony or rebuttal was submitted Mayor Pro-tem Clauson
referred Appeal(s) to Village Square SEPA declaration of Non -significance to
Board of Appeals and Adjustments for consideration.
Boardmember Morrison presented motion to mitigate Appeal of DNS relevant to
School impact fees by stipulating that Village Square Project will be required
to pay school impact fees if the City Council develops and establishes a school
impact fee policy. Seconded by Boardmember Smith and carried with six ayes.
Port Orchard, Washington
July 27, 1992
Page five of seven
On motion by SEPA Board member Morrison, seconded by SEPA Boardmember
Smith, the City of Port Orchard SEPA Board of Appeals and Adjustments
denied appeals submitted by Gayle Helseth-Kenison and Helen Havens -
Saunders; and Don Lorimor. Matters of these two appeals are items that will
be addressed during future land use hearings.
Mayor Protem Clauson adjourned SEPA Board of Appeals and Adjustment and
called for 10 minute recess.
Mayor Weatherill reconvened Council into session at 10:20 PM. Councilman
Childress also returned to Council table at this time.
Mayor Weatherill referred proposed Residential Anti -displacement Relocation
Assistance Plan to City Attorney for review. This plan was submitted for
council approval by Norm McLoughlin of the Kitsap County Housing Authority.
On motion by Councilman Geiger, seconded by Councilman Smith, Council
adopted Resolution No. 1607 approving issuance of a Special Use Permit to
Kitsap County to allow the conversion of Given's School into a Community
Center. Resolution 1607 sets forth 13 conditions.
At the request of the City Clerk, Council held proposed resolution pertaining
to denial of a Special Use Permit to Dennis & Beverly Janson (504 Sidney
Avenue) over until next meeting.
Councilman Smith moved to approved proposed Ordinance No. 1555 adopting the
1991 Uniform Building Code for the City of Port Orchard. Motion seconded by
Councilman Grable.
Councilman Clauson moved to amend motion to include that bus shelter with
projected roof area which does not exceed 120 square feet are excluded from
building permit requirement, seconded by Councilmembers Geiger and Powers.
Motion to amend was approved unanimously.
Council unanimously approved the original motion as amended to ratify
Ordinance No. 1555 adopting the 1991 Uniform Building Code with fees and
modification/exclusion of specific sections.
On motion by Councilman Smith, seconded by Councilmembers Clauson and
Grable, Council approved Ordinance No. 1556 adopting the 1991 Uniform
Plumbing Code for the City of Port Orchard.
Councilman Grable moved to approve Ordinance No. 1557 adopting the 1991
Uniform Fire Code by the City of Port Orchard with specific exclusions,
seconded by Councilman Smith.
Port Orchard, Washington
July 27, 1992
Page six of seven
Councilman Clauson moved to amend motion to include exclusion of Section
4.108 C1 referring to candles; seconded by Councilman Morrison and carried.
Council anonymously passed original motion as amended to approve Ordinance
No. 1557 adopting the 1991 Uniform Fire Code with specific exclusions.
On motion by Councilman Clauson, seconded by Councilman Geiger, Council
approved Ordinance No. 1558 amending the City of Port Orchard Comprehensive
Plan Ordinance No. 895; by adopting the existing county subarea designations
within the area known as the Vine Street Annexation. This area consists of
approximately 186.57 acres lying east of the existing city limits. Boundaries of
the subject property are Retsil Road, north to Fourth Street; east on Fourth
Street and continuing through to Olney Avenue; south on Olney Avenue to
Horstman Road; east and south on Horstman to Orlando Street; west on Orlando
Street to Palmer Avenue; south on Palmer to Mile Hill Drive; and west on Mile
Hill Drive to Retsil Road.
On motion by Councilwoman Powers, seconded by Councilman Morrison, Council
adopted Resolution No. 1608 establishing a Vision Statement for the City of
Port Orchard.
Councilman Geiger informed those present that Senator Oke's office has been
in contact with city staff regarding South Sound Sanitation notification of city
customers of rate increase which they are instituting retroactive to January 1,
1992. Mayor and Council requested City Engineer provide summary of events
to Senator Oke's office.
Councilman Geiger reported on Joint Wastewater Treatment Facility Advisory
Committee meeting and moved to authorize the appropriate staff, in conjunction
with Kitsap County Sewer District No. 5, to proceed with call for consultant to
develop a Comprehensive Plan for the Joint Wastewater Treatment Facility.
Seconded by Councilman Clauson and carried.
On motion by Councilman Geiger, seconded by Councilmen Clauson and Grabie,
Council unanimously approved payment of vouchers as follows: Claims Warrant
No. 17206-17299 in the amount of $106,428.05.
Councilman Clauson requested to be excused from the August 10, 1992 Council
meeting. He will be out of town on business.
Councilman Powers moved to excuse Councilman Clauson from August 10, 1992
Council meeting, seconded by Councilman Smith and carried.
Port Orchard, Washington
July 27, 1992
Page seven of seven
Engineer Curles reported no bids were received in response to Call for Bids
to replace the culvert located on the old landfill site on Lloyd Parkway. This
project was declared an emergency at the July 13, 1992 meeting.
On motion by Councilman Geiger, seconded by Council members Powers and
Morrison, Council authorized Engineer Curles to proceed with Emergency
Culvert Replacement Project and solicit proposals.
Meeting adjourned at 11:25 PM.
CITY CLERK
MAYOR
7
-' MAYOR PRO-TEM CLAUSON