Councilman Rob Putaansuu presented a “hybrid plan” that could help ease tension between several homeowners and the city concerning the Bay Street Pedestrian Pathway during the Port Orchard City Council meeting on Oct. 28.

Before Pataansuu’s motion, Public Works Director Mark Dorsey presented the council with four alternatives regarding potential right-of-way acquisition of five existing overwater homes located along Bay Street.

The four alternatives presented to the council were:

1. Terminate the federalized project at Segment No. 5, which would require repayment of $300,000 and de-obligation of $1.5 million in new funding.

2. Bay Street would become a one-way street, which would require reclassification of Perry Avenue to a 6,000 average daily traffic road.

3. Construct a non-deviated pathway within existing right-of-way, which would require approval from the Department of Transportation for deviations and eliminates on-street parking.

4. Construct a non-deviated pathway, which would require removal of five overwater structures.

Mayor Tim Matthes requested that the council make a final decision on the issue at the meeting.

Putaansuu’s motion — which combined alternatives 3 and 4 — stated that the council prefers a non-deviated Bay Street Pedestrian Pathway and the city should enter into negotiations to purchase or remove the five overwater structures if they’re willing to sell. In the event home owners do not wish to sell the city will pursue a deviated pathway.

Council approved the motion, 6-1, with Councilwoman Bek Ashby as the lone opposing vote.

With the auction, the city will not have to seek eminent domain, which is the exercise of the power of government to acquire private property necessary for a public use on the payment of just compensation and following due process of law.

Dorsey said the Department of Transportation would have to approve a deviated pathway.

“The approval of the deviations would be based on the extent of the deviations,” said Dorsey.

Matthes asked if the deviations would effect the grant.

“The new funding is strictly for right-of-way acquisition,” Dorsey said.

Putaansuu said the property owners need to be aware that the deviate pathway is “right up to their doorstep.”

“If they are willing to accept that and not move, I can live with that and make accommodation for the pathway,” he said.

Dorsey noted there also are issues with parking.

“The city has two areas of concern — that parking is removed and therefore the houses are functional without parking or parking is across the street which creates a liability,” he said.

Randy Jones, who has been outspoken about the city purchasing the five homes, said a crosswalk should be considered and pursued at all costs.

“I still think this path is not worth demolishing homes,” he said.

Arlene and Ocean Williams, of Seattle, own one of the five homes the city could purchase to construct the pathways. She asked the council to respect any homeowners who may want to remain in their homes.

During residents comments, Williams said they would be interested in an offer from the city to purchase their home located at 1716 Bay St., but the offer needs to be higher than it was appraised and the housing market has increased since January.

Jones, who lives with and owns a charter boat business with his husband at the home, said his business is growing and looking to lease another boat. He said his vacation rentals were full this past summer, but next year appears “bleak” because many of his regular customers are concerned about the possibility of his home being purchased by the city.

“You’re costing me money, you’re costing me business and you’re costing the city business,” he said.

Aaron Passow owns a triplex in the 1800 block of Bay Street and rents it out. He told the council he doesn’t want to put money into the home.

“I can’t sell it, I can’t get a bank loan,” he said. “The banks are aware of what’s going on.”

The city would have to pay $1.64 million and about $250,000 for compensation and relocation costs.

City Clerk Brandy Rinearson read a letter from an anonymous person who wrote that the city has “limitless potential and tapping the potential will take dedication and sacrifice.” The author feels the pathway would benefit the city, and attract people and businesses to the area.

“The homes in question are old and will soon be a maintenance challenge for the owners,” the letter stated. “Residents over water are extremely high-maintenance and in many cases an environmental hazard. I see an opportunity for the owners to remove themselves from high-maintenance structures and to make an extremely positive impact in progressing our city.”