06/25/2001 - Regular - MinutesPort Orchard, Washington
June 25, 2001
Council of the City of Port Orchard, Washington, called to regular session by Mayor Leslie J. Weatherill at
7:30 P.M. in City Hall Council Chambers, 216 Prospect Street. Council members present: Clauson,
Wyatt, Morrison, Geiger, Powers, and Stansbery. Councilman Van Zee excused. Staff present: Police
Chief Townsend, Deputy Clerk Merlino, City Planner Wenman, City Engineer Curies, City Treasurer
Tompkins, City Attorney Combs, and City Clerk Parks.
City Attorney Combs led the audience and Council in the Pledge of Allegiance.
Mayor Weatherill asked for audience comments for items not listed on this agenda.
Ron Rider, 919 Prospect Street, addressed Council concerning lack of city elected officials participation at
the County Governance Center meetings.
Mayor Weatherill and Councilmembers assured Mr. Rider the city has been participating either by letter
correspondence or by attendance at meetings. The city has presented to the County Commissioners
strong opposition to the planned Governance Center.
Mayor Weatherill presented a Certificate of Appreciation to David Garrett, (AudioNisual Assistant, for the
city) in recognition of his scholastic achievement and dedication to service for the City of Port Orchard
and his community. Mayor Weatherill acknowledged the many merit awards Mr. Garrett received upon
his graduation from South Kitsap High School and in conclusion thanked him for his dedication in the
operation of the city's audio/visual equipment.
Mayor Weatherill presented proposed Ordinance No. 1823 regarding the city's intent to join and be
annexed to Kitsap County Fire Protection District No.7.
On motion by Councilman Morrison, seconded by Councilman Clauson, Council approved Ordinance No.
1823 declaring the City's intent to join and be annexed to Kitsap County Fire Protection District No. 7;
requesting the concurrence of the Fire District and requesting the Kitsap County Commissioners call a
Special Election in the city on the proposition of whether the city should be annexed to Kitsap County Fire
Protection District No. 7.
On motion by Councilman Morrison, seconded by Councilman Clauson, Council postponed consideration
of proposed Resolution No. 1940 until the July 9, 2001 City Council meeting. The proposed resolution
expresses the Council's intent to increase the annual tax levy if the City of Port Orchard is annexed into
Kitsap County Fire Protection District No.7.
Mayor Weatherill opened the 7:35 PM Public Hearing regarding an Application for a Conditional Use
Permit as submitted by Henry and Karen O'Sullivan, applicants and William Cree, property owner. The
applicants are seeking to convert a portion of the existing Westbay Center into a restaurant, lounge, and
casino, within the existing structure. Property is located at 1307 Bay Street.
City Attorney Combs announced to the audience and Council this Public Hearing is a quasi-judicial
hearing, therefore the Council has not been allowed to hear any testimony on the proposed application
prior to tonight's meeting. City Attorney Combs also acknowledged according to state law rules
governing appearance of fairness, conflict of interest, and ex-parte communication apply to the City
Councilmembers.
At this time City Attorney Combs asked each Councilmember to disclose if they had any financial interest
in this project. Each Council member confirmed they do not have any financial interest in this project.
June 25, 2001
Page 2 of 6
City Attorney asked each Councilmember if they could make a fair and impartial decision on this
application, based upon facts that have been presented and facts that will be presented. The
Councilmembers acknowledged they had not been biased and could make a fair decision on this matter.
City Attorney asked each Councilmember if they have had any ex parte communication prior to this public
hearing.
Councilwoman Powers stated she received an e-mail and she responded to the e-mail by informing the
sender that this application is a quasi judicial matter and she could not discuss it prior to the Public
Hearing.
Councilman Stansbery confirmed he received a letter in the mail and did not respond to the letter.
Councilman Morrison stated he received several correspondences regarding this application and also did
not respond to the letters.
Councilman Wyatt also received correspondence and did not read it.
City Attorney Combs asked if any of the Councilmembers read the correspondence they received.
Councilmembers Powers, Stansbery, Morrison, and Geiger acknowledged they had read the
correspondence.
City Attorney Combs asked the Councilmembers to disclose the content of the correspondence received.
Councilmembers Powers, Stansbery, Morrison, and Geiger concurred the letters and correspondence
referred to gambling and the ill effects it has on family, reference was made to Las Vegas, several bible
quotations, and a plea or request to vote no on the casino issue.
Councilman Morrison advised he did receive one letter of support for the casino.
Councilman Clauson stated after he realized the context of the letter, he did not finish reading the letters.
City Attorney Combs asked each Councilmember if any of this material has biased their decision making
abilities. Councilmembers each stated they could make a fair and unbiased decision on this application.
City Attorney Combs asked if anyone in the audience feels any member of the Council should be
disqualified due to appearance of fairness or conflict of interest. No response was received from the
audience.
City Attorney Combs cautioned the audience and Council that the city is prohibited by State Law (RCW
9.46.295) from denying this application as presented by Henry and Karen O'Sullivan, due to gaming
activities.
City Planner Wenman presented staff report on the proposed Conditional Use Permit Application No.
004-01 and advised the Planning Commission recommended approval of this application with 19
conditions.
Henry O'Sullivan, E11 0 S. Coulter Creek Rd, Belfair, applicant for project, stated this project, a mini-
casino is a glorified card room and will not have slot machines, roulette wheels, or other electronic
devices. They will have pull-tabs, but no State Lotto. It has a very safe environment, there will be
security inside and outside and they have a policy of not over serving alcohol to the public. All
improvements to the building will be to the interior of the building in the approximate amount of $465,000.
June 25, 2001
Page 3 of 6
In response to questions from Councilmembers, Mr. O'Sullivan discussed the number of employees,
employee gaming skills training required; the project includes one restaurant and two snack bars.
Councilman Morrison asked Mr. O'Sullivan to respond to proposed Condition No 13 "Detailed
architectural exterior building treatments and signage shall be identified and provided to the Council by
the time of the public hearing." Mr. O'Sullivan stated that the sign company is working on the design and
specifications for installation and has not presented them to him as of this time.
Councilwoman Powers requested Mr. O'Sullivan speak to Item #6 in his 6/15/01 response to conditions
added by the Planning Commission. [#6 -"The applicant and the landlord will work with the City of Port
Orchard to encourage and develop a plan for public access along Black Jack Creek and Sinclair Inlet
waterfront"] Mr. O'Sullivan stated that he feels this is an issue between the landlord and the City, he as a
tenant should not be involved in shoreline management and/or wetland environmental issues for areas
not included in his potential lease agreement.
Brian Angel, involved in the gaming industry for nine years, spoke in favor of this application and stated
all gambling in the state is highly regulated. The dealers are trained and regulated by the state.
Bill Deboss, 3594 Hinkley Rd SE. Port Orchard, questioned what training the security guards have
regarding alcohol and substance abuse. Mr. Angel advised the security officers are trained to detain and
hold the suspect until local authorities arrive.
Jacob Bower, 1734 Vista Rama, Port Orchard, questioned how the casino with only two security guards is
going to keep the high school students out of the casino? Mr. Angel stated he is not an employee of Mr.
O'Sullivan's and cannot respond to this question, he can only comment on state regulations.
Betsy Jolliffe, owner of Le Garmache Cafe and Catering, 1327 Bay Street, spoke in favor of the proposed
Conditional Use Permit, stating this project will help revitalize the shopping center.
Kurt Shuck, 346 SW Berry Lake Rd., commented the applicant did not bring in the necessary documents
as requested by the Planning Commission, therefore this application should be denied.
Betty Pilling, 1027 Bethel-Burley Rd SE, requested the Council consider and respect the other casinos in
the area and not take business away from them. If there is a need for a mini-casino, a feasibility study
should be prepared examining the negative impacts and benefits to our city. There is an overload of mini-
casinos in the area and suggested other ways to enhance the Westbay Shopping Center.
Dennis Sanders, 4214 Madrona Drive SE, spoke in opposition to the casino, and stated the casino will
only bring more drugs and prostitution to our area.
Kim Abel, 338 Goldenrod, recommended a Shoreline Management permit needs to be obtained for this
site. The Council needs to take into consideration oil runoff from the parking lot into Blackjack Creek, and
other environmental issues, which have not been addressed by the applicant. Ms. Abel also expressed a
concern with limited outside security and lighting in the parking lot.
Karl Duff, 6112 Wynn Jones Rd., questioned what would the future effect be on the youth of Port Orchard
if this application were approved. Mr. Duff suggested the city do a comparative study with other cities that
have approved mini-casinos.
Lou Bafardi, 698 Tufts Avenue, urged Council to vote no on this application, Council should vote for the
wishes of the community.
June 25, 2001
Page 4 of6
Chuck Cregier, 6700 Bethel Rd, expressed a concern with security in the area, and requested the Council
deny this application.
Michael Reeves, 4513 Ramsey Rd., expressed a concern with Helpline being in the same complex as the
casino; the proximity of South Kitsap High School to the casino; and asked what type of police infractions
and frequency were experienced at Mr. O'Sullivan's casino in Belfair.
Mike Proctor, 13883 Klahanie Lane SE, Olalla, WA, suggested the Council look beyond gratification for
city revenue and concentrate on what kind of community Port Orchard will become within 100 years.
At 9:00PM Mayor Weatherill called for a 10 minute recess with meeting reconvening at 9:10PM.
Mayor Weatherill reconvened Meeting at 9:10 PM and advised the audience due to time constraints he
will have to close the Public Hearing portion of the meeting at 9:45PM.
Penny Lockhart, 11400 SW Fairview Blvd., expressed a concern with the location of the casino within two
blocks of South Kitsap High School.
Liz Gilmore, 2621 McKinney Place SE, questioned who would guarantee the safety of the children; the
casino will potentially put more drunk drivers on the road and increase traffic in the area.
Gordon Bailey, 5998 SW Old Clifton Road, also expressed a concern with an adult facility near South
Kitsap High School.
Ben Terry, 4900 Prairie Court, commented if the Council approves the Conditional Use Permit it would
have a direct impact to the health and welfare of Port Orchard. Mr. Terry encouraged Council to deny this
application.
Joel Faust, 985 Nebraska Street, expressed a concern with safety of the neighborhood and the proximity
to South Kitsap High School.
Mark Worthern, 6351 Peppermill Place SE, stated he moved to Port Orchard less than a year ago, and
will consider moving if a casino is permitted in Port Orchard.
Jim Martin, 7320 Sidney Road SW, expressed a concern about increase in traffic and decrease in
property values and quality of life. Mr. Martin urged the Council to deny application.
Dan Joehnk, 2196 SE Madrona Dr., stated he is a Marriage Therapist and does not want to see this type
of business in Port Orchard.
Craig Bilderback, 1078 Alaska Avenue E., spoke in opposition to the proposed casino, due to the
potential increase of drunk drivers and increase of community violence.
Gloria Ritacell, 6825 Arlington Place SE, representing the youth of Port Orchard, urged Council to not put
anymore distractions before the young people in our community.
Jennifer Lindstrom, 535 Forest Park Street, stated she is afraid a casino would hurt the community of Port
Orchard.
Ron Boehme, 6830 Arlington SE, urged Council to deny this application. Mr. Boehme voiced concern the
casino will have a negative impact on the community; hurt local businesses; tarnish the friendly family
town image Port Orchard has and victimize families and Port Orchard youth.
June 25, 2001
Page 5 of6
Mary McKinney, 514 Perry Avenue, lives within a few blocks of the proposed casino and stated Port
Orchard does not need this type of atmosphere. Ms. McKinney also expressed a concern that the
proponent did not meet all the necessary requirements.
Jim McKinney, 514 Perry Avenue, also expressed about the traffic congestion in the area and urged
Council to deny the application.
Doug Bean, 623 Tufts Ave SE, voiced concerns on three issues; the proposed project being within a few
blocks of South Kitsap High School; apprehension about insufficient security for the project; and impacts
of increased traffic in the neighborhood. Mr. Bean urged Council to deny this application.
Steve Uhler spoke in opposition to the proposed project and urged Council to deny this application.
At 9:50 PM Mayor Weatherill closed the public input portion of the Public Hearing and referred this matter
to Council for their consideration.
On motion by Councilman Clauson, seconded by Councilman Morrison and Wyatt, Council denied
issuance of Conditional Use Permit Application No. 004-01 known as the Blackjack Creek Casino, due to
the applicant not providing the documentation requested by the Planning Commission.
At 9:55PM Mayor called for a 10-minute recess with meeting reconvening at 10:05 PM.
City Engineer Curies reported on bid opening held June 21, 2001 at 4:00 PM regarding the Sidney
Avenue Overlay project. Two bids were received with the required bid bonds:
Ace Paving
Looker and Associates
ENGINEER'S ESTIMATE
$90,950.00
$105,705.00
$115,000.00
City Engineer Curies recommended awarding the contract to the lowest bidder Ace Paving in the amount
of $90,950.00.
On motion by Councilman Clauson, seconded by Councilman Stansbery, Council accepted the bids and
awarded the contract for the Sidney Avenue overlay project to the lowest bidder, Ace Paving, in the
amount of $90,950.00.
On motion by Councilwoman Powers, seconded by Councilman Stansbery, Council adopted Resolution
No. 1938 ratifying the revisions to the Kitsap County-Wide Planning Policies.
On motion by Councilman Geiger, seconded by Councilman Wyatt, Council approved the consent
agenda items as follows:
a. Minutes of the June 11, 2001 regular City Council meeting
b. Claim warrants numbered 35202-35249 in the amount of $135,924.80.
c. Council's concurrence of Mayor Weatherill's appointment of Diane Seitz to the Port
Orchard Library Board, filling the unexpired term of Debbie Cummins.
On motion by Councilman Stansbery, seconded by Councilman Morrison, Council authorized the Mayor
to sign grant application and necessary documents for participation in the Washington Police Corps
Program.
June 25, 2001
Page 6 of6
Councilwoman Powers, Chair Public Property Committee, moved to approve the purchase and
installation of a new intercom station for the Municipal Court in the amount of $631.89, seconded by
Councilman Clauson and carried.
Councilwoman Powers, Chair Public Property Committee reported the Committee recommended denial
of the request by the Municipal Court to use Room 306 on a regular basis. The Committee would prefer
Room 306 used as a conference room and not scheduled on a regular basis by the Municipal Court.
On motion by Councilwoman Powers, Chair Public Property Committee, seconded by Councilman
Stansbery, Council authorized the city to negotiate a lease with Superior Court, for the former Municipal
Court building located at 736 Prospect Street with the following conditions:
o The lease would be for five years;
o The monthly rent would be $600, adjusted annually, and based on a CPI value;
o Kitsap County would be responsible for all utilities, repairs, and maintenance;
o Kitsap County would be able to remodel, as necessary.
o The revenue received from the lease will be saved in a reserve fund for capital facilities.
Motion failed with 4 nays and 2 ayes. Councilmembers Geiger, Clauson, Wyatt and Morrison voting no.
On motion by Councilman Morrison, seconded by Councilman Wyatt, Council authorized the mailing of
a survey to 700 businesses within Port Orchard. This survey will also inform the businesses of an
upcoming seminar sponsored by the Kitsap International Trade Council. This organization works to
stimulate import and export trade in Kitsap County. The cost of the mailing is $238.00. Approval is
conditioned upon the need for City support, if the Port of Bremerton does not find alternate funding
resource. Motion passed with 5 ayes and 1 nay. Councilman Geiger voting no.
On motion by Councilman Clauson, seconded by Councilwoman Powers, Council authorized the city to
enter into a contract with RH2 for the pre-design phase of the Sewer Treatment Plant expansion.
City Engineer received concurrence from the Council to proceed with the repairs to the guardrail on
Farragut Avenue, which was damaged on April 23, 2001 and to seek reimbursement for this damage.
On motion by Councilman Clauson, seconded by Councilman Stansbery, Council directed City
Engineer to develop cost estimates for the alternative Courthouse concepts as proposed by Beth
Cottrell.
At 10:55 PM Mayor called for a recess with meeting reconvening at 11 :00 PM.
At 11 :00 PM Mayor Weatherill adjourned Council into Executive Session for 1 0 minutes and then
extended it an additional 20 minutes to discuss pending litigation.
At 11:30 PM Mayor Weatherill reconvened Council into regular session and adjourned the meeting.
Michelle Merlino, Deputy City Clerk