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12/28/1992 - Regular - MinutesPort Orchard, Washington December 28, 1992 Council of the City of Port Orchard, Washington, called to regular session by Mayor Leslie J. Weatheriil at 7:30 PM. Counciimembers present: Clauson, Childress, Morrison, Powers, Geiger and Grable. Staff present: Assistant City Attorney Jeffery Goodwin, Police Chief Mathews, City Engineer Curles, Fire Chief Snow, Deputy Clerk Hager and City Clerk Flower. Councilman Smith excused. Councilman Grable led the audience and Council in the Pledge of Allegiance. Robert Wolf, 445 Perry Avenue, addressed Council concerning the proposed ordinance, which would allow one member of each city commission or board to be a non-resident of the City. Mr. Wolf spoke against this proposed ordinance and maintained the City has enough people to sit on the Planning Commission. George Larson, 413 Perry Avenue, spoke in opposition to the proposed resolution authorizing temporary non-residents as planning commission members. Mr. Larson expressed the same concerns as Mr. Wolf and spoke in opposition to non-residents sitting on the Planning Commission. On motion by Councilman Morrison, seconded by Councilwoman Powers, Council unanimously approved the consent agenda items as follows and also placed the proposed SEPA Ordinance update on the January 11, 1993 Council agenda for consideration: 3.a Approval of the December 14, 1992 Council meeting minutes. 3.b. Approval of payment vouchers as follows: Claims Warrant No. 18060-18111 in the amount of $56,585.65. On motion by Councilman Clauson, seconded by Councilman Grable, Council unanimously approved Ordinance No. 1565 repealing and replacing certain sections of Title Nine (POMC) relating to public peace, safety and morals for the City of Port Orchard, repealing and replacing certain sections of Title Ten (POMC) relating to vehicles and traffic and repealing and replacing certain sections of Title One (POMC) relating to general provisions for the City of Port Orchard. On motion by Councilman Clauson, seconded by Councilman Geiger, Council unanimously approved Ordinance No. 1566 amending Ordinance No. 1129 and Port Orchard Municipal Code 2.20.010, 2.23.020 and 2.26.020 to provide for one member of each city commission or board to be a non-resident of the City of Port Orchard and also allowing special appointments by Council Resolution. December 28, 1992 Page Two of Four Mayor Weatherill opened the 7:45 PM Public Hearing regarding the Appeal to Determination of Non -Significance for the South Kitsap Health Care Campus Project. The Appeal was submitted by Gayle Helseth-Kenison. Councilman Childress stepped down from the council table, due to a conflict of interest. City Engineer Curles, the "Responsible City Official" for SEPA procedure in the City, reviewed the 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 South Kitsap Health Care Campus Project. 2. Mitigate the DNS that was issued. 3. Deny the appeal and the DNS stands. Mr. Curles outlined each appeal item giving facts and recommendations to upport his DNS finding. He also reported that Department of Fisheries and Department of Ecology have submitted concerns and comments on the SEPA DNS. Mayor Weatherill called for input either for or against the appeal of the Determination of Non -Significance for the South Kitsap Health Care Campus P ro jest. Appellant Gayle Helseth-Kenison, 3698 SE Horstman Road, supported her appeal, and questioned the process and outcome of this project. Ms. Keninson also addressed her concerns regarding increase traffic, stormwater runoff and wetland buffers. Norm Olson, representing project proponent, addressed issues relating to the appeal and answered questions from the Council. Greg Heath, Traffic Engineer, representing project proponent, described the comprehensive traffic study performed for the project and steps the developer is taking to mitigate potential problems. Mark Dorsey, Professional Engineer with Norm Olson & Associates, spoke concerning storm water runoff and water quality standards. Tim Arnold, Bradley Scott Realty, addressed Growth Management issues and emphasized the need for a medical center to serve this community. December 28, 1992 Page Three of Four Arnie Norem, real estate agent and member of the Harrison Hospital Board also spoke in opposition to the appeal and stressed the need for a community hospital in South Kitsap area. Mr. Norem also expressed a concern with environmental issues taking a priority over human life. William Palmer, Land Use Planner, spoke against the proposed appeal and addressed all issues involved and stated the City has sufficiently met all necessary requirements. Mayor Weatherill called for further input. As no further testimony was received to the appeal filed by Gayle Helseth-Keninson to the Determination of Non -Significance for the South Kitsap Health Care Campus project, Mayor Weatherill closed public input and referred the appeal to the Board of Appeals and Adjustments for consideration. On motion by SEPA Boardmember Morrison, seconded by SEPA Boardmember Clauson, the City of Port Orchard SEPA Board of Appeals and Adjustments denied appeals submitted by Gayle Helseth-Kenison to the Determination of Non -Significance for the South Kitsap Health Care Campus Project. Mayor Weatherill adjourned SEPA Board of Appeals and Adjustments and called for a 10 minute recess. Mayor Weatherill reconvened Council into session and Councilman Childress also returned to council table. On motion by Councilman Geiger, seconded by Councilman Grable, Council adopted Resolution No. 1624 authorizing additional temporary non-resident Planning Commission members to provide for continuity of the development of an updated Comprehensive Plan. This temporary action will allow two current commission members to continue their term after moving out of the City until such time as the Comprehensive Plan is completed. Upon competion of the Comprehensive Plan the temporary extension will be terminated and new appointment of City residents will be made. On motion by Councilman Clauson, seconded by Councilman Grable, Council adopted Resolution No. 1625 setting February 8, 1993 at 7:35 PM as the date and time of a public hearing on a petition to vacate a portion of Grant Avenue right of way. Petitioner(s) Keven Tweten, et al. LEGAL DESCRIPTION: The North 133.5 feet of the South 388.5 feet of that portion of Grant Avenue North of First Street as per the Plat of Sroufe's Addition to Sidney as per Plat recorded in Volume 1 of Plats, Page 26, Records of Kitsap County, Washington; situate in Kitsap County, Washington. December 28, 1992 Page Four of Four Councilwoman Powers moved to approve Ordinance No. 1567 authorizing the licensing of temporary vendors located on public property within the City of Port Orchard for the purpose of regulation and revenue and providing penalties for the violation of any of the provisions thereof, and repealing Ordinance no. 1460, seconded by Councilman Grable. Councilman Clauson moved to amend motion, amending Section 7: Violation - Penalty, to read as follows: "Violation of any provision of this section shall constitute a Class 1 infraction and shall be punished by a fine not to exceed $250.00.", seconded by Councilman Morrison and carried. Original motion as amended, and unanimously approving Ordinance No. 1567 authorizing the licensing of temporary vendors located on public property within the City of Port Orchard for the purpose of regulation and revenue and providing penalties for the violation of any of the provisions thereof, and repealing Ordinance no. 1460 and amending Section 7: Violation - Penalty, to read as follows: "Violation of any provision of this section shall constitute a Class 1 Infraction and shall be punished by a fine not to exceed $250.00". On motion by Councilman Morrison, seconded by Councilman Grable, Council, granted permission to Dr. Bruce E. Fernie the use 20 feet of right of way in front of 2431 Bethel Avenue to install a drain field -septic system and culvert with the understanding Dr. Fernie will hook up to the sewer system when it becomes available, and authorized the City Engineer to prepare an agreement for Dr. Bruce E. Fernie to sign contingent upon City Attorney approval of proposed agreement. On motion by Councilman Clauson, seconded by Councilman Morrison, Council approved the second citizen update newsletter with distribution in January, 1993. Mayor Weatherill adjourned Council into executive session for approximately 10 minutes to discuss a personnel matter. Mayor Weatherill adjourned regular meeting at 10:45 P.M. CITY CLERK MAYOR