11/08/1999 - Regular - MinutesPort Orchard, Washington
November 8, 1999
Council of the City of Port Orchard, Washington, called to regular session by Mayor Leslie J. Weatherill at
7:30 P.M. at City Hall, 216 Prospect Street. Council members present: Clauson, Morrison, Wyatt, Geiger,
Powers, Van Zee and Stansbery. Staff present: City Clerk Parks, Deputy Clerk Merlino, Acting Police Chief
Loflin, City Treasurer Tompkins, City Planner Gross, City Engineer Curies, Construction Engineer Tucker,
and City Attorney Montgomery.
Councilman Stansbery led the audience and Council in the Pledge of Allegiance.
Mayor Weatherill asked for audience comments for items not listed on this agenda.
Bryan Petro representing the Port Orchard Performing Arts Guild invited the City Council to attend a
Chamber After Hour evening on November 18"' for a free performance of "The Christmas Carole".
David Tucker, Port Orchard Public Works Department, updated Council on the city's participation in the
development of required policies for the Endangered Species Act. Mr. Tucker also presented a time line,
which outlined past meeting dates and future meeting schedules.
Keith Folkerts, Natural Resources Coordinator for Kitsap County, read a letter from the Kitsap County Board
of Commissioners, regarding the Regional Endangered Species Act and presented a very comprehensive
report on the need to develop county wide Endangered Species Act policies.
On motion by Councilman Morrison, seconded by Councilman Wyatt, Council adopted Ordinance No. 1773
repealing Ordinance Nos. 796 and 836 and redesignating the "Snow Route" for the City of Port Orchard,
prohibiting parking during periods of snow.
On motion by Councilwoman Powers, seconded by Councilman Stansbery, Council adopted Ordinance No.
1774 repealing Ordinance No. 1568 and reestablishing Port Orchard Municipal Code 14.04 relating to the
State Environmental Policy Act (SEPA).
Mayor Weatherill presented proposed Ordinance No. 1776 adopting RCW 26.28.085 by reference
prohibiting the application of tattoos to minors.
Angelique Haire, Electric Crayon business owner, outlined their process for checking identification and
displayed a copy of their revised consent form.
On motion by Councilman Geiger, seconded by Councilman Wyatt, Council adopted Ordinance No. 1776
prohibiting tattoo parlors from applying tattoos to a minor and providing penalties for violation.
Mayor Weatherill introduced proposed Ordinance No. 1777 updating Port Orchard Municipal Code 5.56
relative to taxi cabs and for -hire drivers. After much discussion Mayor Weatherill placed proposed
Ordinance No. 1777 into the Public Safety Committee for further review and study.
At 8:40 PM Mayor Weatherill called for a 10 minute recess with meeting reconvening at 8:50 PM.
On motion by Councilwoman Powers, Public Property Committee Chair, seconded by Councilman
Stansbery, Council authorized listing for sale with a commercial real estate firm, the former Port Orchard
Municipal Court Building located at 736 Prospect Street, seconded by Councilman Stansbery and carried.
On motion by Councilwoman Powers, seconded by Councilman Clauson, Council authorized offering to rent
the use of the former Port Orchard Municipal Court Building located at 736 Prospect Street to the Port
Orchard Chamber of Commerce as an interim office, on a month to month rental basis, in the amount of
$600.00 per month.
November 8, 1999
Page 2 of 4
On motion by Councilman Geiger, seconded by Councilman Stansbery, Council removed from table, Tabled
Motion to approve Ordinance No. 1770 amending Ordinance No. 1086, Section 3 relating to the City of Port
Orchard Gambling Ordinance to adjust regulations and tax rates on various gambling activities to reflect
rates and regulations as set forth by state law. (Original motion to approve by Councilman Morrison,
seconded by Councilman Geiger, 9/13/99)
Gary Chrey, attorney representing Tom and Pat Myers and Myers Recreational Operations, Inc., DBA Hi -
Joy Bowl, presented an outline illustrating revenues and expenses for the Hi -Joy Bowl's pull tab operations,
and card room facilities. In closing Mr. Chrey reconfirmed any increase in taxation could be detrimental to
businesses operating pull tabs and card room facilities. Mr. Chrey asked the Council to maintain the current
level of taxation with no new tax increase.
Councilman Wyatt moved to table proposed Ordinance No. 1770 for further study, seconded by Councilman
Geiger. Motion failed with 5 nays and 2 ayes. Council members Stansbery, Van Zee, Powers, Morrison
and Clauson voting nay.
Chuck Bayha, Gaming Specialist, spoke in opposition to the increased gambling taxation as it could be
damaging to many Port Orchard businesses. Mr. Bayha suggested the Council consider imposing the tax
on the net revenues as opposed to the gross revenues.
Warren McMannamy, Hi -Tide Tavern business owner, also spoke in opposition to the proposed increased
gambling tax. Mr. McMannamy stated this increase would be a hardship to his business.
Linda Wyatt, 983 Olney Avenue, expressed a gratitude for Hi -Joy Bowl's support in providing a great
entertainment place for the young people in Port Orchard.
Steve Wilson, End Zone Tavern business owner, stated his establishment, like many in Port Orchard, do not
make any profit on food sales. Most of these businesses gain their profits from the pull tab games, therefore
expressed a concern with the proposed increased gambling tax.
Trish Dolge, Myhre's Bookkeeper, advised the cost of purchasing and storing the pull tab games have
recently increased and concurred with Chuck Bayha, Gaming Specialist, suggestion to collect taxes on net
profit rather than gross revenues.
Councilman Van Zee moved to table motion to approve proposed Ordinance No. 1770, seconded by
Councilman Wyatt, and carried. Motion passed with 6 ayes and 1 nay. Councilman Stansbery voting
nay.
On motion by Councilman Stansbery, seconded by Councilman Wyatt, Council approved the consent
agenda items as follows:
a. Minutes of the October 25, 1999, regular Council meeting.
b. Approval of Claim Warrants Number 31766-31843 in the amount of $106,479.60 and
October 1999 Payroll Warrants Number 132588-132810 in the amount of $317,397.56.
C. Ordinance No. 1775 setting the amount of property taxes to be raised for the year 2000.
d. Resolution No. 1876 supporting the development of a Public Facilities District within
Kitsap County.
Councilwoman Powers, Public Property Committee Chair, requested city staff prepare the draft renewal
lease for the Babe Ruth baseball fields, with the lease conditions to remain substantially the same.
November 8, 1999
Page 3 of 4
On motion by Councilwoman Powers, Public Property Committee Chair, seconded by Councilman
Clauson, Council authorized the Regional Library to make the following improvements to the Port Orchard
Library building:
➢ The library can paint the entry wall to match the gray of the mural and add the Port Orchard
Library name to the wall.
➢ The awning can be installed with the Port Orchard library's name.
➢ The library can modify the flagpole to allow for nautical banners to be flown.
➢ Lighting to be approved by the City Engineer.
On motion by Councilwoman Powers, seconded by Councilman Wyatt, Council authorized staff to
prepare the appropriate documents to reestablish the policy and rates for use of city hall facilities.
On motion by Councilman Geiger, seconded by Councilman Morrison, Council authorized the Mayor to
sign the Agreement for Legal Services with Ryan, Sells, Uptegraft, Inc., P.S.
On motion by Councilman Geiger, seconded by Councilwoman Powers, Council authorized staff to
prepare appropriate document to revise the land use user fees.
On motion by Councilman Morrison, seconded by Councilman Wyatt, Council adopted Resolution No. 1877
repealing Resolution No.1852 establishing regulations and fees related to parking, stopping or standing in
certain areas of the city. (Revisions include (1) establishing the 30-minute parking zone at City Hall; (2)
establishes Bank Street as a four hour zone; (3) regulates parking around the Morton Street reservoir.)
On motion by Councilman Clauson, seconded by Councilman Wyatt, Council authorized staff to prepare a
draft ordinance reflecting the proposed water and sewer rate changes as follows:
➢ Increase of bi-monthly water rate basic charge from $14.00 to $15.00.
➢ The bi-monthly water tier rate is recommended to be increased from $1.50 per 1,000
gallons for volumes between 5,0001 and 100,000 gallons; $1.60 per 1,000 gallons for
consumption more that 100,000 gallons; to a new tier charge, which will further encourage
conservation. The recommended rate would be:
5,000 to 50,000 gals $1.65/1000 gallons
51,000 to 100,000 gals $1.75/1000 gallons
More than 100,000 gals $1.85/1000 gallons
➢ Sewer connection fee will increase from $750 per ERU to $1,000 per ERU.
➢ Water installation fee will increase from $500 to $800 plus tax for residential 3/4-inch
meters.
➢ Sewer installation fee will increase from $500 to $800 plus tax.
(Proposed rate changes will be discussed at the Public Hearing scheduled for the November 22,
1999 Council meeting.)
On motion by Councilman Clauson, seconded by Councilman Stansbery, Council authorized the City
Engineer to sign Covenant for the Sedgwick Reservoir, subject to City Attorney approval.
On motion by Councilman Morrison, seconded by Councilman Clauson, Council authorized staff to
update job description and reclassify job title from Construction Engineer to Assistant City Engineer.
November 8, 1999
Page 4 of 4
On motion by Councilman Morrison, seconded by Councilman Wyatt, Council authorized Ann's Barber
shop to place an A -Board sign in Retsil Road right of way, adjacent to 1524 Retsil Road, with the
following conditions:
➢ The sign shall not adversely affect motorists' sight distance.
➢ The sign shall be removed every night.
At 11:20 PM Mayor Weatherill adjourned Council meeting.
Michelle Merlino, Deputy City Clerk
LESLIE J. WEATHERILL MAYOR