07/14/2003 - Regular - MinutesPort Orchard, Washington
July 14, 2003
Council of the City of Port Orchard, Washington, called to regular session by Mayor Weatherill at 7:30P.M.
at City Hall, 216 Prospect Street. Council members present: Clauson, Wyatt, Morrison, Geiger, Rider, and
Cramer. Councilwoman Powers excused. Staff present: Police Chief Townsend, City Engineer Curies, City
Planner Wenman, City Clerk Parks, Deputy Clerk Merlino, City Attorney Combs and Assistant Attorney
Jacoby.
Councilman Clauson led the audience and Council in the Pledge of Allegiance.
Mayor Weatherill asked for audience comments for items not listed on this agenda.
Rudolph Oelofse, PMC Boatyard, based out of Seattle, expressed a concern with city codes along the Port
Orchard waterfront. Mr. Oelofse has received a "Cease and Desist and Notice of Correction" for parking
miscellaneous equipment on the Port Orchard waterfront. Mr. Oelofse asked that the City become more
proactive and not put such a burden on business owners, specifically with the interpretation of city codes.
City Attorney Combs advised Mr. Oelofse this is not a legislative matter, but a code enforcement matter.
Currently this matter is being reviewed the Code Enforcement Department and all businesses within the City
need to comply with the city's codes.
Bill Stein, 925 Division, expressed a concern with his drinking water. He stated a Public Works employee
told him, his home is located near a chlorinator injection point, and this could be the reason for the problem
he feels is occurring in his home. City Engineer Curies questioned this theory and advised Mr. Stein he
would meet him at his home and investigate his complaint.
Hilton Smith, Port Orchard Railway, advised his business has been issued a "Cease and Desist and Notice
of Correction". Mr. Smith requested that in the future the City first come and discuss any potential problems
with the business owners before drastic measures are taken. Mr. Smith also requested all waterfront
businesses be treated equally.
Michael Efler, currently renting a boatshed at Port Orchard Railway, advised he was given notice from Port
Orchard Marine Railway to move his boatshed. Mr. Efler stated the time frame he was given to move his
boatshed was not enough time to secure moorage space at other facilities. This situation has become a
hardship on the people who do business at these marina facilities.
Gerald Carpenter, Port Orchard resident, asked if the RV parking ordinance was going to be discussed this
evening. Councilman Morrison advised this matter is being delayed to the July 28, 2003 City Council
meeting to allow further review.
Steve Weed, founder and CEO of Wave Holdings, addressed Council requesting approval of assignment of
Cable Television Franchise Agreement from Charter Communications to Wave Holdings. Mr. Weed gave a
brief history of Wave Holdings and their intent on doing business within Port Orchard.
On motion by Councilman Clauson, seconded by Councilman Morrison, Council directed the City Attorney
to prepare the resolution approving the Assignment of Cable Television Franchise Agreement from Charter
Communications to Wave Holdings.
Mayor Weatherill opened the 7:35 PM Public Hearing regarding the application for Conditional Use Permit
No. 010-03 seekin~ approval to utilize the existing First Christian Church facility for private school use from
grades K through 6 h grade on an interim basis, applicant Luther Center for Learning.
City Planner Wenman presented Staff Report and discussed the Planning Commissions' recommendations
for approval.
July 14, 2003
Page 2 of7
Jim Svenson, representing the Board of Directors for the Luther Center for Learning, concurred with the
Planning Commissions' recommended conditions of approval.
Mayor Weatherill called for further audience comments either for or against the proposed application for
Conditional Use Permit No. 01 0-03, as submitted by the Luther Center for Learning. As no audience
comments were received, Mayor Weatherill closed the public input portion of the Public Hearing and
referred this matter to Council for their consideration.
On motion by Councilman Morrison, seconded by Councilman Wyatt, Council adopted Planning
Commission Resolution No. 334-03 as their own and approved the application for Conditional Use Permit
No. 01 0-03 authorizing the applicants, Luther Center for Learning, to utilize the existing First Christian
Church facility for private school use from grades K through 61h grade on an interim basis, with the following
two conditions.
1. A Building Occupancy Permit from the City of Port Orchard Building Department will be
required prior to Certificate of Occupancy.
2. A final inspection of the occupancy will be required, by a member of the Fire District 7
Prevention/Education Office, before a Certificate of Occupancy is issued from the City of
Port Orchard. All requests for inspections must be made to the Fire District 7
Prevention/Education Office at least two business days in advance.
Mayor Weatherill opened the 7:40 PM Public Hearing to consider whether Temporary Use Permit (TUP-
012-03} is being exercised contrary to the terms of conditions of approval. The property is located at 375
Sedgwick Road, property owner is Ron Rice.
City Attorney Combs presented Staff Report on violation of the City's noise ordinance as provided in POMC
9.24. This violation occurred on June 28, 2003 at 375 Sedgwick Road. City Attorney Combs presented
three exhibits for Council's review as follows:
Exhibit "1" Event Chronology -which listed 17 calls received from CENCOM (911) on
Saturday, June 28, 2003. Fourteen of the calls were from the hours of 9:01 PM to 1 0:57 PM and all
of the 17 calls were from residents within approximately two miles of 375 Sedgwick Road.
Exhibit "2"
Department.
Police Incident/Investigation Report, submitted by the Port Orchard Police
Exhibit "3" Three letters from residents near the Howling Wolf Amphitheatre concerning the
excessive noise. City Attorney Combs read all three letters into the record.
1 . Earl and Janet Prentice
2. Jerry and Alice Gaudette
3. Timothy B. Allen -received via e-mail through City Hall
In conclusion, City Attorney advised this incident was a violation of the City's noise ordinance and could be
grounds for revoking the Temporary Use Permit.
Mayor Weatherill asked for audience comments either for or against the Howling Wolf Amphitheatre's
Temporary Use Permit. Due to the large attendance, Mayor Weatherill asked each comment be limited to
three minutes.
July 14, 2003
Page 3 of7
Jerry Seitz, 1090 SW Harper Rd, Port Orchard, urged the City to revoke this Temporary Use Permit. Mr.
Seitz commented he could hear the high-powered amplifiers at his home, which is approximately one mile
away. Mr. Seitz also commented this venue is inappropriate and lacks respect for the citizens of Port
Orchard.
Ryan Kelly, 14846 Roy Rd SE, Olalla, attended the day festival, and spoke in favor of the Howling Wolf
Amphitheatre, stating this is the only positive venue in Port Orchard for young people under 21 years of age
to attend. Mr. Kelly voiced his opinion that the Howling Wolf Amphitheatre concerts help bring revenue into
the City.
Sandra Ashlock, 6470 Sidney Road, Port Orchard, stated she had no objection to concerts, however noise
levels need to be monitored, with noise decibels tested, so in the future the noise levels will not interfere with
neighbors.
Daniel Defenabaugh, 604 SW Clevenger Lane, Port Orchard, stated while he does not appreciate the noise
generated from the Howling Wolf Amphitheatre, he is not asking to close the amphitheatre, however he is
asking the City to require the business owner comply with noise regulations.
Doris Sterner, 701 SW Winter Springs Lane, Port Orchard, objected to the noise from Howling Wolf
Amphitheatre, and urged the Council to stop the noise.
Renee Hardiman, 799 SW Winter Springs Lane, Port Orchard, stated the noise is too loud; concerts do not
have to be this loud. The property owner should be made responsible for his property.
Ron Rice, 375 Sedgwick Road, Howling Wolf Amphitheatre, commented that the noise ordinance is not
specific as to what are acceptable noise levels. Mr. Rice promised profanity at the concerts will not be
tolerated. This is an evolutionary process and asked the City to work with him.
Jack Browning, 11897 Alpine Dr SW, Port Orchard, expressed a concern with the concerts needing better
control, the kids need to have a place to listen to their music, however neighbors should not be subjected to
these loud concerts.
Kathleen Mitchell, 813 South Proctor Street, Tacoma, spoke in favor of the Howling Wolf Amphitheatre, the
young people need to have a place to listen to their music, this venue is very family oriented.
Pat Barrie, 6070 Mazama, Olympia, apologized for the excessive noise from the concert. Mr. Barrie
commented he was not aware of any prior complaints from past concerts.
Lynn Rasmussen 640 Rainbow Ridge Lane, Port Orchard, stated this has been an ongoing issue for the
past three years. The same three issues are still being discussed; the noise is too loud, excessive
profanity, and ongoing nuisances. Ms. Rasmussen urged the Council to revoke the Temporary Use Permit.
Cindy Fourier stated there is a state statute, which establishes acceptable noise levels; the City needs to
enforce this state statute. Ms. Fourier commented she does not care if the music is played, just not too
loud.
Linda, a neighboring property owner, asked the question --what happens when the concerts are over?
Linda commented broken glass is found all over her yard, who is responsible for clean up?
Lisa Banner, 1100 Fern Street, Olympia, spoke in favor of Howling Wolf Amphitheatre and stated Ron Rice
should be allowed to continue this venue; it is a good environment for young people.
July 14, 2003
Page 4 of 7
Eric Gunstone, advised he attended the June 281h concert stating it was loud, however it had a very positive
atmosphere. Mr. Gunstone asked the City to not close the amphitheatre.
Kera Forsythe, Olympia, commented the young people need a place like this to listen to their music.
Marven Dressen, spoke in opposition to the Howling Wolf Amphitheatre and asked the Council to stop this
amphitheatre due to the loud noise levels.
Mayor Weatherill asked for any further audience comments either for or against the Howling Wolf
Amphitheatre's Temporary Use Permit. As no further comments were received, Mayor Weatherill closed
the public input portion of this Public Hearing and referred this matter to Council for their consideration.
On motion by Councilman Morrison, seconded by Councilman Geiger, Council revoked Temporary Use
Permit No. 012-03 for the Howling Wolf Amphitheatre located at 375 Sedgwick Road, based on violations of
the City's noise ordinance as provided in Port Orchard Municipal Code 9.24.
At 9:20PM Mayor Weatherill called for a 10 minute recess with meeting reconvening at 9:30PM.
Mayor Weatherill opened the 7:40PM Public Hearing regarding the Six-Year Transportation Improvement
Program for the years 2004-2009.
City Engineer Curies outlined the 14 projects, which are included in the proposed Six-Year Transportation
Plan schedule for the years 2004-2009.
Mayor Weatherill called for audience comments regarding the proposed Six-Year Transportation
Improvement Program. As no response was received, Mayor Weatherill closed the public input portion of
the Public Hearing and referred this matter to Council for their consideration.
On motion by Councilman Morrison, seconded by Councilman Wyatt, Council approved Resolution No.
2027 adopting the Six-Year Transportation Improvement Program for the years 2004-2009.
On motion by Councilman Morrison, seconded by Councilman Wyatt, Council approved Ordinance No.
1907 repealing Section 9.30.020{18) of the Port Orchard Municipal Code regarding drainage onto
sidewalks and driveways.
City Engineer Curies reported on bid opening held July 8, 2003 at 4:10PM regarding the exterior painting
of the Port Orchard Library building. Eight bids were received with the required bid bond as follows:
Sabelhaus West
Compass Northwest, Inc.
Metropolitan Coating
Diamaco, Inc.
Picture Perfect Painting
Ecklund Drywall
A Plus Professional Coating
Jones Painting, Inc.
ENGINEER'S ESTIMATE
Bid Total
$ 7,925.78
$11,900.00
$ 8,292.00
$18,000.00
$ 9,150.00
$12,000.00
$14,382.00
$ 8,815.00
$12,000.00
2nd Coat of Paint
$2,330.90
$2,600.00
$5,341.00
$8,500.00
$1,544.00
No Bid
$4,406.00
$3,231.00
$7,000.00
On motion by Councilman Clauson, seconded by Councilman Cramer, Council accepted the bidding and
awarded the exterior painting of the Port Orchard Library building to the lowest bidder, Sabelhaus West in
the amount of $7,925.78 with the 2nd coat of paint at $2,330.90.
July 14, 2003
Page 5 of?
City Engineer Curies reported on bid opening held July 1 0, 2003 at 4:00 PM regarding the Summer
Construction Project-2003. Two bids were received with the required bid bond as follows:
Looker Construction
Ace Paving
ENGINEER'S ESTIMATE
$32,300.00
$31,200.00
$24,250.00
On motion by Councilman Morrison, seconded by Councilman Clauson, Council accepted the bidding and
awarded the Summer Construction Project -2003 to the lowest bidder, Ace Paving in the amount of
$31,200.00.
City Engineer Curies reported on bid opening held July 11, 2003 at 11 :00 AM regarding the Port Orchard
Boulevard Sewer Project. Three bids were received with required bid bond and acknowledgment to
addendum as follows:
NCA-Northern CON-AGG, Inc
Nova Contracting
Rognlin's
ENGINEER'S ESTIMATE
Bid Total
$799,770.00
$67 4,920.00
$775,920.00
$473,000.00
Alternate Bid
$66,000.00
$59,400.00
$51,425.00
$55,000.00
City Engineer Curies reported due to a $200,000 difference between the lowest bidder and the Engineer's
Estimate, he is recommending all bids be rejected and allow the consultant and City Engineer review the
plans and specifications to reduce the cost of the project.
On motion by Councilman Clauson, seconded by Councilman Morrison, Council rejected all bidding for
the Port Orchard Boulevard Sewer Project and requested the City Engineer and Consultant review the
plans and specifications to reduce the cost of the project and rebid at a later date.
On motion by Councilman Clauson, seconded by Councilman Morrison, Council denied approval of
Ordinance No. 1909 which would have amended section 2.04.010 of the Municipal Code revising the time
to commence City Council meetings. Motion passed with 4 ayes and 2 nay. Councilmembers Cramer
and Rider voting nay.
On motion by Councilman Clauson, seconded by Councilman Morrison, Council authorized the Mayor to
sign the Agreement for Sharing Revenue Information Between Washington State Department of Revenue
and the City of Port Orchard.
On motion by Councilman Morrison, seconded by Councilman Clauson, Council adopted Resolution No.
2028 establishing the employment position of Clerk-Receptionist (temporary) position and provide wage
rate for this position.
On motion by Councilman Morrison, seconded by Councilman Clauson, Council adopted Resolution No.
2029 authorizing the Mayor to apply for Community Development Block Grants.
On motion by Councilman Clauson, seconded by Councilman Morrison, Council adopted Resolution No.
2030 establishing a requirement for additional right of way from commercial development.
July 14, 2003
Page 6 of?
On motion by Councilman Clauson, seconded by Councilman Geiger, Council authorized the Mayor to
sign the lnterlocal Telecommunication Agreement between the City of Port Orchard and Public Utility
District No. 1 of Kitsap County {the "PUD") regarding the occupancy and use of public rights of way for a
telecommunications system; prescribing minimum terms and conditions for and upon the construction,
maintenance and repair of such systems.
Councilman Morrison, Street Committee Chair, briefed Council on the committee meetings with Dianne
McConaghy and Elizabeth Howgate to discuss the cost of the Merchant Parking Passes.
Councilman Morrison presented motion, seconded by Councilman Wyatt, directing city staff to prepare a
draft amendment to the city's parking resolution with the following recommendations:
• Reduce monthly rate for a merchant pass to $22.00
• Reduce daily rate to $2.00 per day or $44.00 per month
• Change one row of paid parking in front of JJ's Restaurant (100 Harrison Avenue) to four hour
parking.
Councilman Clauson moved to amend motion to delete the reduction of the daily rate to $2.00 per day.
Motion died for lack of second.
Original motion as presented directing city staff to prepare a draft amendment to the city's parking
resolution, with final draft presented at the July 28, 2003 City Council meeting. Motion passed with 5
ayes and 1 nay. Councilman Clauson voting nay.
On motion by Councilman Clauson, seconded by Councilman Morrison, Council adopted Resolution No.
2026 supporting the County Courthouse Master Plan for Future Growth.
On motion by Councilman Clauson, seconded by Councilman Geiger, Council approved the consent
agenda as follows:
a. Minutes of the June 9, 2003 regular City Council meeting, as corrected and distributed.
b. Approval of Claim Warrants # 39382 -39520 in the amount of $322,932.95 and June
2003 Payroll Warrants #137417-137490 and direct deposits in amount of $294,971.20.
c. Ordinance No. 1908 amending the Port Orchard Zoning Ordinance to change the zoning
classification of certain property from R4.5 to Commercial subject to conditions for
property located at 2443 Bethel Avenue Bethel, Development Group LLC, applicant.
d. Authorization for the Mayor to sign Kitsap County/City of Port Orchard Agreement for
Incarceration of City Prisoners.
On motion by Councilman Geiger, seconded by Councilman Wyatt, Council authorized the Mayor to sign
the Special Project Status Request to transition legal services billing for the Woody Hooser's code
abatement matter from city attorney routine-retainer account to the city attorney extraordinary expense
(non-retainer) account.
On motion by Councilman Morrison, seconded by Councilman Geiger, Council authorized the Mayor to
sign the Special Project Status Request to transition legal services billing for the Howling Wolf
Amphitheatre's Temporary Use Permit matter from city attorney routine-retainer account to the city
attorney extraordinary expense (non-retainer) account.
July 14, 2003
Page 7 of7
Councilman Geiger reminded committee members the next Finance committee meeting is scheduled for
Wednesday, July 16, 2003, 7:30AM at City Hall.
Councilman Cramer, Public Safety Committee Chair, reminded committee members the next meeting is
scheduled for July 24, 2003, 5:00 PM at City Hall.
On motion by Councilman Geiger, seconded by Councilman Clauson, Council adopted Resolution No.
2031 fixing the date of Public Hearing on a Petition to Vacate an alley located in block 005 of S.M.
Stevens, as submitted by Kitsap County.
City Engineer Curies reminded the Water/Sewer Committee the next meeting is scheduled for July 22,
2003, 7:30 PM at City Hall.
City Engineer Curies presented the draft interlocal agreement between Annapolis Water District and the
City, which would provide for an emergency water supply.
On motion by Councilman Clauson, seconded by Councilman Rider, Council authorized the Mayor to sign
lnterlocal Agreement between the City of Port Orchard and Annapolis Water District for the Bethel
Emergency lntertie.
City Engineer discussed the Frederick Street/Bay Street intersection modifications. This project has just
received a special variance from the Department of Transportation. The modifications include
construction of cement concrete sidewalk bulb-outs at all four corners, installation of an in-pavement
lighted crosswalk system, installation of pedestrian-scale street lights, and installation of storm drainage
pipes. The approximate cost of the project is between $120,000 to $130,000. City Engineer Curies
requested Council authorization to continue with the bidding process. The projected bid date is August 7,
2003.
On motion by Councilman Morrison, seconded by Councilman Clauson, Council authorized the City
Engineer to proceed with the Bay Street/Frederick Avenue Intersection Improvement Project, with the
project bid opening date scheduled for August 7, 2003.
At 10:40 PM Mayor Weatherill adjourned to Executive Session to discuss a personnel matter for 5 minutes.
At 1 0:45 PM. Mayor W. eatherill reconvened Council into regular se~sion adjourned meeting.
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Michelle Merlino, Deputy City Clerk LESLIE J. WEATHERILL, MAYOR
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Cll3l28rtJ: 1 6:49:06
06I2Sitl: 18:49:C8
0612810: 1 S:49:0B
06/'2810: 16:49:06
CI6I2B.o: 16:-49;07
D6I2S.O: ,6:49:09
CI6.'2IIMX , 6:51 : .. 1
DBI2lSAX 1S~
OSI28Ia. 17:00:-40
0612S11X 17:00:AO
CI&'28JIX 17:00:-40
6/2.8/03 21:37:20
360·792-0904
Event Chronology
Reconsideration of TUP 012-03-Howling Wolf Amphitheatre
T-725 P.D03IOD3 F-595
7tb
Submitted by City Attorney Loren Combs July 14, 2003 Council Meeting-Exhibit f
Page
JUN-2&-oa 21:42 FRO~CEHCOIII 3S0-7Q2-0Q04
Ifvent Chronology T-725 ~-002/003 F-595
Evcat NIIDlbcr. P0300926S6
~ Dill .Imn ~ ~
01!/ZT~ 22:3?:37 fll91 SlSI33
061%7/0:. 22;37'::37 h1 9933
06/ZT/(t %1:.~:'EI finl1 9933
06/ZTIC'r.. 22::37:37 1lre1 9933
EVENT CREATED: LOCA.tiON: MUNICIPAU'T'(: tpO] XSTREET1: (SIDNEY RO ~REET2: SW CGWI
-
--.t; IN~de Eintl TYPE: [NOISE4J CA!..LER INFORMAT10N: NAME:
ACCIRESS: COGWOOO RO] SOURCE: (ANIIAUI PHONE NUM : o· Group: IPOPD 'A:. ttJJ beat fPOPDl F'rimary Unit: f7S61 Primary Member: [706]
OSJZT/a. 22:37!31 fiN1
0612710! ~;,37 fn1
06/ZT/C'f. ~;37 1ire1
OISfZTICt: 22:31-.39 net'<
OSIZTKt. ~38:3& BQrJI
06.'%7~ 22:38:46 aout
061'Z1/C'f. :<238:49 BIXJI
DSJ:r1Jrr. 22:38:49 soU
061'Z'IIrt 2238:49 tiGUI
06177.10: 22:38:49 =ul
6/28/03 21::;7;28
9933
9933
9933
Sl933
9941
9941
9947
9947
9947
9947
Prigrity: [4!
REMARK ADOEO:OUT DOOR CONCERT
FROM TliE HOWLING WOLF THE BARN PI.AC
RE~KADOEO; ... LOI ~ camplelild Ill r:ISIZT/03 22:37:39
UNIT7SS DISPATCHED Ccmment: NT
UNIT 7SIS AC:KNOWL.EDGE
Oispraleh Group: [POPO} ETA: [Ol b&;le [POPO} PriiNry Unit: {7S6} Primmy Member: [705]
Priarity: 141
EVENT CLOSED: Oicpcleitigl'l Coele; [I]
UNIT 7S6 AVAILABL.E
Reconsideration of TUP 012-03-Howling Wolf Amphitheatre
SubmiHed by City AHorney Loren Combs July 14, 2003 Council Meeting-Exhibit~
Page
JUN-29-03 21 :42 ritOM-CENCOfl\
Event Number: P03009l606
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06127(1J. 2\:42".39 osr.zrt:s. 21 :-42;39
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061'Z1ta. 21:412:39
OSIZ7(1J. 21:42:<C2
06127KX 2'1 :<45:17
061Z1/CT. 21:4a:22
06127/Cf. 21 :E::22
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OISIZ'IIO'. 2'1:55.'50
06127/f'.f.. 21:58:17
0&/'ZI/O:. 22:03:58
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05127/l:r. 22:15:13
06127.10: 22:15:32
OSIZTIO:. 22:1~
061Z1/a. 22:20'.34
C/IBI'P/0:. ~-06/27JD: 22:20:35
CS'ZTJO: 22:20;35
6/28/03 21:36:36
m-m-oso4
Event Chronology
Reconsideration of TUP 012-03-Howling Wolf Amphitheatre
T·TlS P 001/00S F·5S5
l.N ___ _
Submitted by City Attorney Loren Combs July 14, 2003 Council Meeting-Exhibit 1
U//U~/~UU~ U~:o~ ~&A ~DU0/0004D t'Ut'lJ lgJ U3
-I A;encyName INCIDENT /INVESTIGATION REPORT OCA: D03-001690 N · Port-archard Police Department
c ORI WA0180400 Date I Time Reported
I
D SA Jun 28, 2003 16:49
E Crime Incident CJIA: 60/02 Local Statute: NONE o An Occurred From 06/2812003 16:49 N u NOISE COMPLAINT ~ Com T Occurred To 06/2812003 16:49
Crime Incident UCR: Local Statute: 0 Att Dispatched 0611812003 D #2 0 Com
21:39
A Crime Incident UCR: Local Statute: 0Att Arrived 00:00
T #3 Cleared 2/:44 A 0 Com
Location of Incident Sidney Rd Sw/ Sw Sedgwick Rd, Port Orchard, WA I Premise Type Otlrer/Unknown I Offcnsr:
Tract
How Attacked or Commined
MO
Weapon I Tools Forcible Entry 0 Yes 0 No E2l NIA
#Victims OjType Injury I Residency Status
Victim/Business Name (L:ist, First, Middle) Victim o(Crime II Age I DOB Race Sex
v VII I Relationship to OITend~rs
c
T Home Address Home Phone
I
M Employer Name/Address Business Phone
VYR I Make I Model I Style I Color ll.ic/Lis I YIN
0 Offender(s) Suspected or Using Offender I orrender 2 orrender 3 Primary Offender
F Age: Race: Se~: Age: Race: Sc=": Age: Race: Sex.: Resident Status
F 0 Drugs ~ NIA Resident
N 0 Alcohol -· OITrndrr4 OffenderS orr .. nd"r 6 Non-Resident D 0 Computer Race: Sex: Age: Race: Sex: Age: R:lce: Se"': R Age: Unknown
Name (Last, First, Middle) I I rome Address
Also Known As Home Phone
Occupation j Business Address Bus incss Phone
DOB I Age I Race Sex I Hgt I Wgt I Build I HairCo!or !Eye Color s
I lllair Style I Hair Length !Glasses u
s Scars, Marks, Tatoos, or other distinguishing features (i.e. limp, foreign accenL voice characteristics)
p
E
c
T Hat Shin/Blouse I Coat/Suit Socks
Jacket Tie/Scarf I Pants/Dress/Skirt Shoes
Was Suspect Anned? l Type of Weapon
I
Direction of Travel Mode or Travel
VYR I Make Model I Style/Doors I Color I Lie/Lis I YIN
Suspect Hate I Bias Motivated: DYes ~ No !Type:
Name (U.st, First, Middle) D.O. B. I Age I Race I s~x w
I
T
N
E Home Address Home Phone Employer Phone
s s
Officer. SUPERVISOR. INFO F/UP; F/UP. PROSECUTOR:
ONLY: DET. LINE
Printed at: 6/29/2003 20:09 Page:
Reconsideration of TUP 012-03-Howling Wolf Amphitheatre . . ..
Submitted by City Attorney Loren Combs July 14, 2003 Council Meeting -Exh1b1t 2
Incident /Investigation Report
Port Orchard Police Department OCA: DOJ-001690
·· ...
_, .
. . ·. :, ~.
CODES: DE-Deceased, DR·Driver, MN-Menlioned, MP-Missing Person, OT-Othcr, OW-Owner, PA-Passcngcr,
PT-Parcnt/Guardian, RA-Runaway, RO-Registcrcd Owner, RP-Reporting Party. VI-Victim
0 ~~~~~~~~~~~--------------------------------------------------~~~~~--~~~~~~~-4 ~ Code·! Name(Last,First,Middlc) I ~~}:e~f Age/OOB IR.aceiSex
R Home Address
s
Home Phone
Employer Name/ Address Business Phone
I ~~~~~~~~~~------------------------------------------------------------~--~~~-r.~~~~~~~ ~ Code I Name (Last. First, Mid:le) I ~~~ ~f Age I DOB rae] Sex
L ~H~o-m-e-LA_d_d_re_s_s----------------------------------------------------------------------L-------------~H~o-m--e~P~h-o_n_e __ L---L-~
v
E ~E~m-p~l-oy_c_r~N~am---ci~A-d~d~re-~------------------------------------------------------------------------------~B~us--i-n-cs-s~P~h-o_n_e------~
D
N
A
R·
R
T
I
v
E
On June 28, 2003 at about 2030 I was d~spatched to a co~~~sion on Sedgwick Road, by A~bertson's. I ~rrived,
and began to conduct the usual investigation. I noticed that the music coming from :he How~ing Wolf was very
~oud. I also noticed that most of the lyrics were indiscernible, except for the occasional curse wo=d.
When I was finishing with the co~~ision, I heard the music stop, and someone got on ~he microphone, and began
talking to whomever was at The Howling Wolf. The ta~king was actually louder than t~e music. I heard the
person say "Mother Fucker" in his sentence, and then say, "Look dude, my balls are ::::1 top o! your head." l saw
that there were other citizens in the area, including small children. There were pe~estrians, as well as
patrons at the two gas stations, and ~lbertson's. I called the Police Chief, and he advised me that he was
corning to my location, which was now in the parking lot of Albertson's.
While waiting for the Chief, I could hear that a new band began to play. Once the C~ief arrived, he commented
how loud the music was playing. I told him that it got louder when someone got on t~e microphone. A-:: this
time, someone got on the microphone and began yel~ing "Fuck You, Fuck You, Fuck Yoc -::co."
I accompanied Chief Townsend as he contacted Ron Rice, and then one of the band me~ers. While he was
conversing with them, I heard the band start their next song. The ~ead singer said ~hat this was "For all the
Catho~ics out there.• The ~yrics by this ~and were very easy to understand. The wor:s stated that a priest
takes an alter boy behind the silk curtain, and tells him, "God wants you to suck m:: dick".
Before leaving the area, we were approached by a female citizen that asked if this ~as legal, and told us that
she was appalled.
After leaving, I contacted CENCOM and asked for a printout of the most recent compl~ints. CENCOM faxed
complaints from eight callers that were easy to pull up immediately on the computer. CENCOM advised that there
were plenty more, but if I required any them it would take a forma~ letter from a S~pervisor. These callers
were from as far as one mile away. ca~led from an address on Dogwood Rd, about a mi~e a~ay,
stating that there were "outdoor speakers with foul language". The "Event Chrono~ogy• is attached to this
report, giving names and locations of complainants, as well as comments.
For Information Only.
Printed at: 612912003 20:09 Page: 2
Reconsideration of TUP 012·03-Howling Wolf Amphitheatre . . ..
Submitted by City Attorney Loren Combs July 14, 2003 Council Meehng -Exh1b1t 2
I CERTIFY OR DECLARE UNDE 'NALTY OF PERJURY UNDER THE LAWS OF , STATE OF WASHINGTON
T_HAT TH_E FOREGOING IS TRUl:. AND CORRECT TO THE BEST OF MY KNOWLElJ\iE, INFORMATION AND BELIEF.
(Signature, Date)
PORT ORCHARD, WA
Reconsideration of TUP 012-03-Howling Wolf Amphitheatre
Submitted by City Attorney Loren Combs July 14, 2003 Council Meeting -Exhibit 2
•
1242 SW Harper Road
Port Orchard, WA 98367
July 8, 2003
Rick Wyatt
Public Safety Committee
216 Prospect
Port Orchard, WA 98366
DearMr. Wyatt,
REe F·.:~ C!f;;f)
. ;,.... ·: !' .. ,; •. ·
JUL 0 9 2003.
CITY OF POR: ·. .., ' .. ·,
CITY CLERICS _. : : .•
We live about a mile :from Howling Wolf Amphitheater over a hj)) and through the
woods on property bordering McCormick Woods. We moved here for the quiet and rural
atmosphere. The so-called "Family Entertainment .. arrive~ at our house sounding like
yeOed vocal tirades and loud bass sounds over a boosted up amplifier. lt certainly has
lived up to its name! The noise is not appreciated. We were surprised when the
amphitheater first opened seemingly without any chance of input from the surrounding
area's residents.
We would love to see Howling Wolf closed, but if it must remain open please do not
extend the entertainment past 11 at night and restrict performances to one or two nights a
week with strict limits on the decibel level of the noise produced. Unlike the people who
patronize Albertson's, we cannot get in our homes and drive· away! ·
Sincerely, v~~~
Reconsideration of TUP 012-03-Howling Wolf Amphitheatre
Submitted by City Attorney Loren Combs July 14, 2003 Council Meeting -Exhibit 3
RECEIVED July 9, 2003
CCf?.LLCI~
.., JULJc 1 2U03 f'r-r. ~ l"'r'C ....... '-1
CITY OF ORT ~D .
CITY CLERKS OFFICE
Dear Mr. Mayor and City Council,
Thank you for accepting our view about the noise conditions
in our neighborhood. Our home is located about ~ mile south-
vest of the "Howling Wolf Amphitheatre" -on the west side of
Sidney Rd. sw.
It has been our experience that due to the musical instru-
ment noise, voice speaking and howling over the loud speakers,
the noise is unbearably loud and altogether is just erratic
noise. When we work in our yard and garden it becomes very
unpleasant audibly drowning out even the sound of highway
traffic; and when we go into the house to relax after working
we are unable to listen to our TV. The sound vibrates the
windows. We are use to going to bed between 9:00 pm and 10:00
pm. but the loud boom box erratic sounds from the amphitheatre
keep us miserably awake (our room is on the opposite side of
the noise direction).
Please help us shut this racket down. This same condition is
consistant from past years and my calls to the police have
been consistant. (This cona;tion has started as early as 9:30
am to about midnight).
fill~
Jerry A. Gaudette
Alice L. Gaudette
'f7"-.S7 3'2.
Reconsideration of TUP 012-03-Howling Wolf Amphitheatre
Submitted by City Attorney Loren Combs July 14, 2003 Council Meeting -Exhibit 3
Jill Boltz
From:
Sent:
-~=
Jbject:
Allen Timothy 8 (Tim) PSNS [allent@psns.navy.mil]
Thursday, July 03, 2003 12:24 PM
City Hall Mailbox
Howling Wolf Amphitheater
I live about 2 miles (as the crow flies) west of the Howling Wolf. Last
Saturday, I could hear the obscenities being screamed over the loudspeaker
from my back yard at dusk, which I would guess to be about 9:30 pm. I
didn't know what it was until I read the article in the Sun yesterday. I
don't mind the noise so much (I can also hear the drag racing at Bremerton
Raceway, which is over two miles away to the west), but the obscenities
really bothered me. I can't imagine what is was like for families getting
out of their car to shop at Albertsons. This is NOT good for our community.
I have read about many of the complaints regarding the Howling Wolf in the
newspaper, and how they are trying to clean up their act. But this is the
last straw, in my opinion. If I was on the City Council, I would vote to
revoke the permit and shut them down. The Howling Wolf had their chances to
"get it together", and they have failed.
Reconsideration of TUP 012-03-Howling Wolf ATphitheatre
Submitted by City Attorney Loren Combs July 14, 2003 Council Meeting -Exhibit 3