07/23/2001 - Regular - MinutesPort Orchard, Washington
July 23, 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: Wyatt,
Morrison, Geiger, Powers, VanZee and Stansbery. Councilman Clauson excused. Staff present: Police
Sergeant Duncan, Deputy Clerk Merlino, Assistant City Planner Casey, City Engineer Curies, City
Attorney Amann, and City Clerk Parks.
Councilman Van Zee led the audience and Council in the Pledge of Allegiance.
Mayor Weatherill asked for audience comments for items not listed on this meeting's agenda. No
response was received at this time.
Michael Spence, legal representative for the owners of the property located at 1307 Bay Street, otherwise
known as the "Westbay Center'', requested Council delay consideration of Resolution No. 1943 (which
denies Conditional Use Permit No. 004-001 regarding the Blackjack Creek Casino, located at 1307 Bay
Street) for approximately 30 days. Mr. Spence asked the Council to allow his client (Henry O'Sullivan,
applicant for the project) additional opportunity to provide information, which the Planning Commission
had directed Mr. O'Sullivan to provide at the Public hearing held June 18, 2001.
After much discussion, Councilman Wyatt, seconded by Councilwoman Powers, moved to deny request
by Michael Spence, legal representative for the owners of the property located at 1307 Bay Street,
otherwise known as the Westbay Center, seeking an extension or delay on consideration of Resolution
No. 1943 which would deny Conditional Use Permit No. 004-001 for the Blackjack Creek Casino. Motion
tied with 3 ayes and 3 nays. Mayor Weatherill broke the tie vote by voting aye. Motion passed with 4
ayes and 3 nays. Councilmembers Morrison, VanZee and Stansbery voting nay.
Mayor Weatherill opened the 7:35 PM Public Hearing regarding the Gambling Moratorium as required by
state statute and Port Orchard Ordinance No. 1822.
City Engineer Curies presented staff report regarding gambling within the City of Port Orchard and the
geographic region. City Engineer Curies advised Council they have three options concerning gambling
within Port Orchard.
1. Continue the six-month moratorium on gambling for further information; or
2. Prohibit house banked games, such as mini-casinos or enhanced card rooms and direct staff
to draft regulations regarding the prohibition of house banked games within the City of Port
Orchard; or
3. Allow house banked games, such as mini-casinos or enhanced card room and direct staff to
amend the zoning ordinance and Municipal Code to reflect these changes.
Mayor Weatherill asked for audience comments concerning gambling within the City of Port Orchard.
Pam Reinhardt, 117 45 Fairview Blvd., SW, Port Orchard, spoke in opposition to video gaming devices
within Port Orchard and supported Council's decision to deny the gambling casino at Westbay.
Marna Snow, 1319 Sherman Avenue, Port Orchard, encouraged Council to support South Kitsap Parks
and Recreation and discourage any type of gambling within Port Orchard.
Craig Bilderback, 1078 Alaska Ave. E., Port Orchard, urged Council to make a positive difference in Port
Orchard and not allow gambling within the city.
July 23, 2001
Page 2 of 4
Ron Boehme, 6830 Arlington Place SE, Port Orchard, encouraged the Council to listen to the voice of the
residents of Port Orchard and put a lid on any higher gambling establishments within the city.
Steve Kelso, 3538 Nokomis Rd. SE, Port Orchard, acknowledged he has a small business in downtown
Port Orchard and expressed a concern with gambling casinos running smaller businesses out of town,
due to their ability of serving food and drinks at a lower cost. Mr. Kelso also expressed a concern with
potential security and increased traffic near casinos.
Fred Chang, 319 Sidney Avenue, urged Council to follow the lead of many other cities in Washington
State and ban house banked games.
Gary Chrey, 600 Kitsap Street, attorney representing Tom and Pat Myers, owners of Hi-Joy Bowl, stated
the Hi-Joy Bowl is not a house banked gambling facility. The participants in the card rooms pay a fee for
the use of the facility and the house has no stake in the game. Mr. Chrey asked Council to make a
distinction between card room games and mini-casinos and suggested revisions to the moratorium to limit
social card games to "house banked card games" and to clarify the moratorium will not affect existing
business in their current locations.
Kim Abel, 338 Goldenrod, Port Orchard, presented a petition to the City Council with 381 signatures
requesting the city to adopt an ordinance prohibiting the establishment of mini-casinos in Port Orchard
city limits and place a three year sunset provision on existing mini-casino gambling/gaming
establishments.
Mayor Weatherill asked for any further audience comments regarding the Port Orchard gambling
moratorium. As no further comments were received from the audience, Mayor Weatherill closed the
public input portion of this Public Hearing and referred matter to Council for their consideration.
On motion by Councilwoman Powers, seconded by Councilmen Wyatt and Van Zee, Council directed
staff to prepare amendments to the zoning ordinance and municipal code to prohibit house banked
games, such as mini-casinos and enhanced card room games.
On motion by Councilman Morrison, seconded by Councilwoman Powers, Council re-affirmed Ordinance
No. 1822 establishing a moratorium on land use applications for certain types of gaming operations, with
modifications to section 1 clarifying the definition of card games to be limited to "house banked card
games"; and revise section 4 to state "This moratorium shall not affect any existing businesses in their
current level of operations at their current locations, nor shall if affect any applications for new or modified
gambling activities that have vested prior to the effective date of this Ordinance.
Mayor Weatherill called for a 10 minute recess with meeting reconvening at 8:50 PM
City Engineer reported on bid opening held July 18, 2001 at 4:00 PM regarding the Givens Park
Restroom. Three bids were received with the required bid bonds as follows:
Granquist Construction
Tinners, Inc.
Douchette Construction
Engineer's Estimate
$47,250.
$61,243.
$61,310.
$40,000.
On motion by Councilwoman Powers, seconded by Councilman Stansbery, Council accepted the bidding
and awarded the Givens Park Restroom project to the lowest bidder, Granquist Construction, in the
amount of $47,250.
July 23, 2001
Page 3 of 4
City Engineer reported on bid opening held July 19, 2001 at 4:00 PM regarding the Public Works Facility
paving project. Two bids were received with the required bid bonds as follows:
Ace Paving
Looker Associates
Engineer's Estimate
$25,200.
$28,957.
$24,600.
On motion by Councilman Geiger, seconded by Councilman Geiger, Council accepting the bidding and
awarded the Public Works Facility paving project to the lowest bidder, Ace Paving in the amount of
$25,200.
On motion by Councilman VanZee, seconded by Councilman Morrison, Council adopted Resolution No.
1944 supporting McCormick Land Co. application for HUD Economic Development Initiative Grants and
Section 108 loans for the proposed Conference Center and Inn at McCormick Woods.
On motion by Councilman Geiger, seconded by Councilman Morrison, Council adopted Resolution No.
1945 supporting the proposed Conference Center and Inn at McCormick Woods and urging the Public
Facility District to provide its full support to the proposed facility, if the proposed Bremerton Conference
Center cannot be funded.
On motion by Councilman Stansbery, seconded by Councilman Geiger, Council approved consent
agenda items as follows:
a. Minutes of the July 9, 2001 regular City Council meeting
b. Claim warrants numbered 35366-35446 in the amount of $86,880.44.
c. Proposed Resolution No. 1943 denying Conditional Use Permit No. 004-01 regarding the
Blackjack Creek Casino.
d. Request for the following items to be declared surplus to the needs of the city and
authorization to dispose of them in the best interest of the City:
0 1 -Marlin Model 60 .22 Caliber Semi-Auto Rifle Serial No. 17364708
0 1 -TAURUS semi auto 9mm, model PT92 AFS, Serial TLL91093D.
(Confiscated from a drug dealer in 1996)
0 Bicycles: MONGOOSE blue in color, serial 9913901290
MAGNA MTB "FUGITIVE" black and green in color, serial 92 W 1131115
MURRAY "SEBRING" white in color
MONGOOSE Mountain Bike, yellow and black, serial M990213643
MAGNA bicycle, green in color
HUFFY 12 speed, blue in color
Councilman Morrison, Chair Street Committee, moved to modify the Bay Street Sidewalk Replacement
Project contract to allow additional sidewalk replacement in the 800 block of Bay Street, seconded by
Councilman Wyatt and carried.
Councilman VanZee moved to amend contract for the residential sidewalk replacement with Admiral C.
Ross and authorized the Mayor to a sign Change Order in the amount of $4,045.99 for additional
sidewalk replacement, seconded by Councilman Morrison and carried.
Councilman Morrison, Chair Street Committee, authorized an extension of the Sidney Avenue overlay
contract to continue on Sidney Avenue to Forest Park Street, seconded by Councilman Wyatt and
carried.
July 23, 2001
Page 4 of4
City Clerk Parks briefed Council and Mayor on letter received from Kitsap County Elections Department
asking for the City's position on a proposal to conduct the September Primary election as a by mail in
ballot election. Council members concurred and supported the proposal to hold the primary election by
mail in ballot. It was noted that the majority of voters have already transitioned to absentee mail in
ballots.
On motion by Councilman Morrison, seconded by Councilman Wyatt, Council excused Councilman
Clauson from this Council meeting.
City Engineer outlined request submitted by Dennis and Michele Simpson seeking reimbursement of
water connection fees and meter assembly costs, which were paid August 24, 1998 in preparation for
development of property located at 350 Perry Avenue North. The subject property was not developed
as anticipated. At this time, two neighboring property owners have agreed to purchase the subject lot
with the intent to divide it between them so each would have a larger parcel. By consensus, Council
members authorized staff to reimburse Dennis and Michele Simpson for the water connection fees and
meter assembly costs, contingent upon the subject property being divided and that action being
recorded at the Kitsap County Courthouse.
On motion by Councilman Van Zee, seconded by Councilman Morrison, Council approved South Kitsap
High School to allow Annapolis Water District to provide water service for one portable classroom.
On motion by Councilman Van Zee, seconded by Councilmen Geiger and Wyatt, Council authorized a
water connection service for one mobile home located at 4557 Sidney Road for health and safety
purposes.
On motion by Councilman Geiger, seconded by Councilman Morrison, Council authorized a contract
amendment with Goldsmith & Associates to include coordination of the Bremerton/Port Orchard water
facilities, not to exceed a cost of $25,000 and subject to a written commitment from McCormick Land
Company that they will reimburse Port Orchard for these costs.
On motion by Councilwoman Powers, seconded by Councilman Van Zee, Council authorized the City
Engineer to contract with COM to begin the process to test and construct a replacement well for Well
#8.
At 9:35 PM Mayor Weatherill adjourned Council into Executive Session for 5 minutes and then
extended it an additional 5 minutes to discuss pending litigation.
At 9:45 PM Mayor Weatherill reconvened Council into regular session and adjourned the meeting.
YV~~ ~~
Michelle Merlino, Deputy City Clerk LESLIE J. WEATHERILL, MAYOR