06/26/1995 - Regular - MinutesPort Orchard, Washington
June 26, 1995
Council of the City of Port Orchard, Washington, called to regular session by Mayor
Leslie Weatherill at 7:30 PM at City Hall, 216 Prospect Street. Counci lmembers present:
Clauson, Childress, Geiger, Powers, Van Zee and Grable. Councilman Morrison excused
page 1, paragraph 5. Staff present: Police Chief Mathews, Deputy 'Clerk Hager, City
Planner Brown, City Engineer Curles, Fire Chief Snow, City Attorney McCluskey and City
Clerk Parks.
Councilwoman Powers led the audience and Council in the Pledge of Allegiance.
Mayor Weatherill asked for audience comments for items not listed on this agenda.
Robert Gallegos, 340 Tremont Street W., thanked Council and everyone concerned for the
repairs to his concrete posts and expressed appreciation for a job well done.
On motion by Councilman Clauson, seconded by Councilman Geiger, Council excused
575- Councilman Gkildress from this Council meeting.
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On motion by Councilman Grable, seconded by Councilman Geiger, Council unanimously
approved the consent agenda as follows:
a. Minutes of the June 12, 1995 Council meeting.
b. Payment vouchers as follows: Claims Warrant No. 22786-22865 in the
amount of $393,393.96.
C. Approval of Western International Fireworks Display Permit for July 4,
1995.
d. Ordinance No. 1635 approving Preliminary Plat of Rockport Subdivision
as submitted by Jim James. Property located approximately in the 900-
1000 block of Olney Avenue (west side).
City Clerk reported on Call for Proposals to lease/rent 3 copy machines to be located
in the Administrative Office, Fire Department and Police Department. Proposals were
received from 8 office equipment suppliers. The companies submitting the five low
proposals were invited to bring their machines into city offices for review and
evaluation. After review and evaluation from city staff, City Clerk recommended leasing
the three copy machines from Minolta Corporation. Minolta copy machines met and
exceeded specifications.
On motion by Councilman Clauson, seconded by Councilman Grable, Council accepted the
call for proposals and authorized the City Clerk to sign a 4 year lease with Minolta
Corporation for three copy machines. Location of the machines is as follows:
Administrative Office; Police Department and Fire Department.
Mayor Weatherill opened the 7:35 PM Public Hearing regarding an application for a
Special Use Permit to allow a paint business in a single family residence to be located
at 151 Shamrock Lane. LEGAL DESCRIPTION: Attachment "A"
City Planner reviewed the Special Use Permit Application, gave staff report and outlined
the Planning Commission recommendations for approval with conditions.
Robert Kurts, 151 Shamrock Lane, applicant, requested permission to run his painting
business from his home at 151 Shamrock Lane.
June 26, 1995
Page 2 of 4
Howard Minor, 1400 Bay Street, supported Special Use Permits which allow for home
businesses.
Nancy Chapman, 142 Shamrock Lane, spoke in support of Mr. Kurts' application for a
Special Use Permit and was confident that Mr. Kurts will abide by the recommended
conditions.
Martha Gomez, 172 Shamrock Lane, also spoke in support of Mr. Kurts' Special Use Permit
and did not see a problem with this application.
Kitty Hogg, 152 Shamrock Lane, stated Mr. Kurts keeps a very clean yard and does not
see a problem with the business in the neighborhood.
Christy Kurts, 151 Shamrock Lane, applicant, agreed with all the conditions which were
recommended by the Planning Commission.
Mike Selig, 161 Shamrock Lane, stated he has lived in the neighborhood the longest and
has no objection to issuance of the Special Use Permit.
Duane Petro, 171 Shamrock Lane, voiced he has no objection to allowing this paint
business in the neighborhood with a Special Use Permit and stated Mr. Kurts is very
conscientious with his business and a very good neighbor.
Robert Gallegos, 340 Tremont W., expressed concern with chemicals which may be placed
on site and stressed the need for secondary containment of all chemicals.
Mayor Weatheri l 1 called for additional input either for or against the proposed Special
Use Permit application. As no further additional input was received, Mayor Weatherill
closed the public input portion of the Public Hearing and referred matter to the City
Council for their consideration.
On motion by Councilman Clauson, seconded by Councilman Van Zee, Council adopted
Planning Commission Resolution No. 234-95 as Council's own action and approved issuance
of a Special Use Permit to Robert and Christy Kurts to allow a paint business to be
located in a single family residence located at 151 Shamrock Lane with the following
conditions. Motion passed with 5 ayes and 1 nay. Councilman Grable voting nay.
1. Before any future change in occupancy, the Planning Commission and City Council
shall review and approve the proposed use to ensure it is still in the best
interest of City residents.
2. if complaints are received, the hours of operation will be amended to not
exceed 7am to 9pm on any day of the week.
3. The storage of paints and other hazardous chemicals related to the business is
prohibited.
4. The Fire Department reserves the right to inspect the property as they would
any other commercial operation.
5. Employee vehicles must park off the street and behind the cedar fence.
6. The commercial vehicles must park off the street and behind the cedar fence.
June 26, 1995
Page 3 of 4
7. No business related noise, vibration, odors, etc. shall be permitted to affect
any of the surrounding residences.
A. Employee and/or company vehicles may not be left idling in front any
surrounding residences.
B. No repair work may be done on the commercial vehicles on site.
8. A lighting plan shall be submitted and approved prior to the placement of any
new outdoor illumination and shall be orientated away from neighboring
residences.
9. Present and future businesses located on this property will register with the
City.
10. If verified complaints are received by the City regarding this use, including
the disposal of paint or solvents, the business must cease operations at the
151 Shamrock Lane address and the Special Use Permit must be brought back in
to the Planning Commission and City Council for review.
11. This special use permit will cease upon either the termination of the business
or the applicant moving from the site.
12. The posting of business signs on the property is prohibited.
Cary Chrey, attorney representing Brem-Air Disposal, Inc. availed himself for questions
and requested Mayor Weatherill be authorized to sign the ten year contract for solid
waste collection, recycling and disposal.
Dave Liestad, 124 May Street, expressed concern with the charges for recycling and
stated recycling is a resource which should benefit the citizens of Port Orchard.
Don Larimor, 1394 Pottery, stated he only generates one garbage can per year since he
and his family recycle all of their solid waste products and asked if smaller cans were
available.
Marty McMurray, 410 Cline Street also expressed concern about recycling charges.
Howard Minor, 1400 Bay Street, voiced concern with the limited space our landfill has
and the necessity of recycling to preserve our landfills.
Bob Berres, Brem-Air Disposal, General Manager, advised Council the profit sharing
clause in the contract is very unique and will be future benefit the citizens of Port
Orchard. Mr. Berres also stated each customer will be provided two recycling
containers, however, there will be no additional charge for extra volume of recyclables
placed at the curb for pickup.
Linda Wyatt, 983 Olney Avenue, questioned whether the City will have bi-weekly pick-up
for recycles and was advised that the curb side recycle container will be pickup up
every other week on the customers regular pickup day.
Robert Gallegos, 340 Tremont W., stated the manufactures need to make their products
and packaging more recyclable.
June 26, 1995
Page 4 of 4
On motion by Councilman Geiger, seconded by Councilman Van Zee, Council approved
contract for solid waste collection, recycling and disposal with provision that revenue
allocations be reconciled every three years. Approval included authorization for the
Mayor to sign contract documents.
Mayor Weatherill called for a 10 minute recess with meeting reconvening at 9:15 PM.
City Clerk read letter from David A. Hollar, representing the South Flower, West and
Goldenrod - Concerned Citizens Action Group regarding the proposed Subdivision "Flower
Meadows". Mr. Hollar's letter was a reminder to the City Council "according to RCW
42.36.060 while a quasi-judicial proceeding is pending, no member of a decision -making
body is allowed to engage in exparte 'one-sided or outside the record of the hearing'
communications with either proponents or opponents of a pending proceeding".
On motion by Councilman Van Zee, seconded by Councilman Grable, Council approved
issuance of a Circus License to the Port Orchard Chamber of Commerce to permit the
Carson and Barnes Circus, scheduled July 1, 1995 in the lot between South Kitsap Mall
and the Armory.
On motion by Councilman Clauson, seconded by Councilman Van Zee, Council excused
Councilman Childress from the next Council meeting.
On motion by Councilwoman Powers, seconded by Councilman Clauson, Council authorized
the Mayor to sign contract with the Washington State Energy Office which will help the
City to implement the new energy codes.
On motion by Councilman Clauson, seconded by Councilwoman Powers, Council approved
request by Evergreen Lumber to have a sanitary sewer easement over a small portion of
City Property at Lloyd Parkway/Old Clifton Road.
On motion by Councilwoman Powers, seconded by Councilman Clauson, Council authorized
the extension of Lloyd Parkway to Old Clifton Road.
On motion by Councilman Clauson, seconded by Councilwoman Powers, Council authorized
Police Chief Mathews accept $1,000. grant funds from the Washington State Traffic Safety
Commission to purchase radar equipment.
Meeting adjourned at 9:40 PM.
•z _ et
PATRICIA PARKS, CITY CLERK
n
LESLIE J. WEATHERILL, MAYOR
LOT LINE ADJUSTMENT June 26, 1995
ROBERT AND CHRISTY KURTS Attachment "A"
Current Lot A:
That portion of the Northwest Quarter of the Southwest Quarter of
Section 2, Township 23 North, Range 1 East, W.M., in Kitsap County,
Washington, described as follows:
Beginning at the Southwest corner of the Southwest Quarter of said
Section 2; thence along the West line thereof N 2*24159" E 1319.50
feet to the Southwest corner of said Northwest Quarter of the
Southwest Quarter; thence along the South line of said Northwest
Quarter of the Southwest Quarter, S 89102,10" E 784.34 feet to the
Northeasterly Right -of -Way margin of State Highway SR-16; thence
continuing along said South line S 89102'10" E 207.04 feet to the
Southwest corner of the Plat of "Shamrock Lane" as recorded in
Volume 13 of Plats, Page 68, records of the Auditor of Kitsap
County, Washington; thence along the West line of said Plat of
"Shamrock Lane", N 2°32'24" E 330.39 feet to the Northwest corner
of said Plat and the true point of beginning; thence N 89°03'22"
W 20.01 feet; thence N 2°32124" E 300.19 feet; thence S 89°04'57"
E 20.01 feet; thence South along the West line of the East 10 acres
of the Northwest Quarter of the Southwest Quarter to the true point
of beginning.
Current Lot B•
Lot 2 Stetson Plat as recorded under Volume 25 of Plats on Page 75,
records of Kitsap County, Washington; situate in Kitsap County,
Washington.
New Parcel A•
That portion of the Northwest Quarter of the Southwest Quarter of
Section 2, Township 23 North, Range 1 East, W.M., in Kitsap County,
Washington, described as follows:
Commencing at the Southwest corner of the Southwest Quarter of said
Section 2; thence along the West line thereof North 02°24'59" East
1319.50 feet to the Southwest corner of said Northwest Quarter of
the Southwest Quarter; thence along the South line of said
Northwest Quarter of the Southwest Quarter South 89°02110" East
784.34 feet to the Northeasterly Right -of -Way margin of State
Highway SR-16; thence continuing along said South line South
89*02110" East 207.04 feet to the Southwest corner of the Plat of
"Shamrock Lane" as recorded in Volume 13 of Plats, Page 68, in
Kitsap County, Washington; thence along the West line of said Plat
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June 26, 1995
Attachment "A"
A. F .. w .- 94091 .-m-r-D-241
of Shamrock Lane North 02°32'24" East 330.39 feet to the Northwest
corner of said Plat and the True Point of Beginning; thence North
89°03'22" West 20.01 feet; thence North 02132124" East 73.00 feet
to the Northeast corner of Lot 1 of Stetson Plat, as recorded in
Volume 25 of Plats on Page 75, records of Kitsap County,
Washington; thence North 84*21129" East 20.21 feet; thence South
02032124" West 75.32 feet along the West line of the East 10 acres
of the Northwest Quarter of the Southwest Quarter of said Section
2, to the True Point of Beginning.
That portion of the Northwest Quarter of the Southwest Quarter of
Section 2, Township 23 North, Range 1 East, W.M., in Kitsap County,
Washington, described as follows:
Commencing at the Southwest corner of the Southwest Quarter of said
Section 2; thence along the West line thereof North 02024159" East
1319.50 feet to the Southwest corner of said Northwest Quarter of
the Southwest Quarter; thence along the South line of said
Northwest Quarter of the Southwest Quarter South 89102'10" East
784.34 feet to the Northeasterly right-of-way margin of State
Highway SR-16; thence continuing along said South line South
89°02'10" East 207.04 feet to the Southwest corner of the Plat of
"Shamrock Lane" as recorded in Volume 13 of Plats, Page 68, in
Kitsap County, Washington; thence along the West line of said Plat
of Shamrock Lane North 02°32'24" East 330.39 feet to the Northwest
corner of said Plat; thence North 89° 03' 22" West 20.01 feet; thence
North 02*32,24" East 265.00 feet to the Northeast corner of Lot 2
of Stetson Plat, as recorded in Volume 25 of Plats on Page 75,
records of Kitsap County, Washington; and the 'True Point of
Beginning; thence continuing North 02032'24" East 35.19 feet along
the East line of said Stetson Plat; thence South 89*04,57" East
20.01 feet; thence South 02°3224" West 9.59 feet along the West
line of the East 10 acres of the Northwest Quarter of the Southwest
Quarter of said Section 2; thence South 39056120" West 32.93 feet,
to the True Point of Beginning.
New Parcel B•
Lot 2 of Stetson Plat as recorded under Volume 25 of Plats on Page
75, records of Kitsap County, Washington; situate in Kitsap County,
Washington.
That portion of the Northwest Quarter of the Southwest Quarter of
Section 2, Township 23 North, Range 1 East, W.I., in Kitsap County,
Washington, described as follows:
Commencing at the Southwest corner of the Southwest Quarter of said
Section 2; thence along the West line thereof North 02*24,59" East
1319.50 feet to the Southwest corner of said Northwest Quarter of
the Southwest Quarter; thence along the South line of said
Northwest Quarter of the Southwest Quarter South 89*02110" East
784.34 feet to the Northeasterly right-of-way margin of State
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June 26, 1995
Attachrent "A"
Highway SR-16; thence continuing along said South line South
89*02110" East 207.04 feet to the Southwest corner of the Plat of
"Shamrock Lane" as recorded in Volume 13 of Plats, Page 68, in
Kitsap County, Washington; thence along the West line of said Plat
of Shamrock Lane North 02132,24" East 330.39 feet to the Northwest
corner of said Plat; thence North 89°03. 22" West 20.01 feet; thence
North 02032124" East 73.00 feet to the Northeast corner of Lot 1
of Stetson Plat, as recorded in Volume 25 of Plats on Page 75,
records of Kitsap County, Washington; and the True Point of
Beginning; thence continuing North 02*32,24" East 192.00 feet along
the East line of said Section Plat to the Northeast corner of Lot
2 of said Stetson Plat; thence North 39°56'20" East 32.93 feet;
thence South 02032124" West 215.29 feet along the West line of the
East 10 acres of the Northwest Quarter of the Southwest Quarter of
said Section 2; thence South 84°21'29" West 20.21 feet, to the True
Point of Beginning. -
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