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HomeMy WebLinkAbout08/19/92TAPE #1049 UNAPPROVED DRAFT SEP: - CITY COUNCIL MEETING MINUTES #0037 #0044 AUGUST 19, 1992 The regular meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4TH Street, Bremerton, Washington, Wednesday, August 19, 1992, at 5:30 p.m., with Council President Lynn Horton presiding. Council members present: Lon Overson, Richard Neville, Eileen Fitz, C. R. "Tiny" Collins, Morris Dawkins, A1 Colvin, Russ Johnson and Hank Waibel. Also present were City Attorney Ian Sievers and City Clerk Kathleen McCluskey. The meeting opened with the Pledge of Allegiance led by Council President Horton and Invocation given by Judge Steve Alexander. CONSENT AGENDA A. Minutes of Meeting - August 5, 1992 #AB92-205 M/S/C/U(Waibel/Dawkins) to approve Consent Agenda as presented. CLAIMS/WARRANT REGISTERS Vouchers audited and certified by the auditing officer as required by RCW 42.24,080, and those expense reimbursement claims certified as required by RCW 42.24.090, have been recorded on a listing that had been made available to the council. M/S/C/U(Colvin/Fitz) on August 19, 1992, the Council does approve for payment those vouchers included and further described as follows: 155341 through 155502 in the total amount of $169,251.36. COUNCIL MEMBER REPORTS Mr. Colvin reported on an incident at Lions Field where a mother and three children were locked in one evening. He contacted the Bremerton Police, who responded promptly and freed the detained family. He wished to apologize to the Parks Department employee, who was unnecessarily awakened as a result of this incident. He enjoyed being on the boardwalk on Sunday and was pleased about it being crowded with lots of people. On a recent tour of the Turner Joy, he heard only one complaint from several citizens...that the $4.00 charge for adults and $2.00 charge for children was rather expensive considering the current limitations on the ship. He hopes the TAPE #1049 City Council Reg. Mtg. Minutes August 19, 1992 Page 2 of 22 people in charge of the Turner Joy will consider that concern. He received a call from a citizen who requested that Mayor Mentor place a question on the back of the Water billing regarding the number of people who watch Channel 29/City Council meetings. It appears Mayor Mentor has already taken such a poll and would provide that information at the next City Council meeting. Mr. Dawkins stated he wasn't sure he wanted to know how many people watch the Council meetings, because if it is less than 10% we might be disappointed. Mr. Overson stated he would have to take issue with the person who was concerned over the price of the tour of the Turner Joy. He believed the tour was worth the cost considering the large portion of the ship that is viewable and will expand in the future. On Monday evening he attended a meeting of Council's Growth Management Committee and anticipated getting some good work done for growth management. As a follow on of articles in The Sun, he personally was concerned with the problems of homeless young people in Bremerton. When his children were growing up he also had difficulty keeping them out of that problem area. He believed this was something parents have to pay attention to and work at conscientiously and continuously. He also believed part of the problem was the condition of that area providing for the businesses that are all ready there and until that element is turned around, he did not think the City would be turned around. He did not know what it would take to change that environment, but building condos on the waterfront may not be the answer. He encouraged everyone who has an idea or who could help the City work toward a better solution to volunteer their services. Mr. Neville reminded everyone of the meeting scheduled by the Planning Department on Thursday, August 20, 7:00 P.M., at the Sheridan Park Recreation Center, regarding the Campus Evergreen Neighborhood Plan. Mrs. Fits reported she visited the boardwalk twice on Sunday, 10:30 AM and 4:00 PM, and both times observed many people enjoying the overwater park. Mr. Waibel expressed his appreciation to the Parks Department for the fantastic job they have done in maintaining City parks on a limited budget and during a very dry period, in particular the beautiful hanging baskets. t TAPE #1049 City Council Reg. Mtg. Minutes August 19, 1992 Page 3 of 22 Mr. Collins reported the Puget Sound Air Pollution Control Agency will hold a public hearing on Thursday, August 20, in Everett to discuss "Outdoor Burning Emergency Waiver". He stressed this issue does not affect Kitsap County except in the area around Bremerton and Silverdale. Mrs. Horton reported she would be unable to attend the Planning Department's meeting scheduled for August 20, however, she and Mr. Neville have discussed the possibility of handing a follow up Neighborhood Meeting in early September. On this date, she attended a meeting on Bainbridge Island where the issue of "Seattle side ferry terminal situation" was discussed. A representative from the Ferry System was present at that meeting and tried to convey what they are trying to achieve with the new access route to the ferries. This group came up with the suggestion that may prove workable with the City of Seattle, and a follow up meeting will be held in order to possibly get some alleviation to the situation on the Seattle side. She noted the new route requires approaching and exiting vehicle traffic from the ferry terminal from the south, which has caused lots of confusion. The Ferry System did post a notice that accessing the ferries from the north would be allowed when kingdoms events are held. Mr. Waibel reported recently a notice was posted in the ferries stating the new accessing route was so wonderful that they probably would not allow accessing from the north. PUBLIC RECOGNITION Mayor Louis Mentor reported the Tsuji School Of Hotel And Tourism held their first graduation on Saturday, August 15, hosting an open house from 1:00 - 5:00 P.M. On Tuesday, August 25, 5:00 P.M., Mayor Mentor and his wife will host a farewell party for the Kure exchange students, who will be leaving Bremerton later that week. He believed the recent news articles regarding teenage homeless young people opened a lot of eyes, however, he disagreed that they were "Bremerton teenagers", but rather "society's teenagers" from all over Kitsap County and other places as well. He was pleased with the recent news article on the opening of the Turner Joy and believed everyone involved with the overwater park project, marina and Turner Joy should be very proud of the end result. The Visitor Convention Bureau reported their walk in traffic was up 50% over 1991 and statistics for August show they are already 50% higher by the 19th day of the month. He emphasized the entire City of Bremerton benefits from the increased tourism through increased taxes. In reference to a recent news article addressing Utility costs, he re-emphasized City residents do get a "break" on Utility costs considering TAPE #1049 City Council Reg. Mtg. Minutes August 19, 1992 Page 4 of 22 anyone receiving City Utility services outside the City limits are charged 50% more. City residents also get a "break" on fire insurance rates. President Hotton noted when she commented on that in the news article she specifically meant things like garbage, gas, electricity, cable...not City utilities per say. Mayor Mentor shared a card he received from Ruthie Streeter, a Bremerton exchange student who is visiting Kure, Japan ... she is having a great time. He referenced a news article titled: "Proposed Project Has A Rocky Start" (Bremerton-Gorst connector), and noted one of the reasons for looking at different routes had to do with Callow Avenue being back in the "picture" after the Navy decided it would not be included in their expansion plan. In answer to the concern that people other than City residents were members of a Citizens Advisory Committee studying this issue, the project actually encompasses access from Mullenix Road, which is on Highway 16, to Chico and not simply a City project. Bob Sauter, VFW Post 3694, joined with their sister post VFW Post 239, made presentations to the following young people who participated in the Bike Rodeo on July 10 and were chosen as winners of a slogan contest at that event: Peter Tonder (slogan "Look Both Ways Before Crossing The Road"); Heidi Vehey (slogan "LookAhead Not At The Pedals, Watch For Cars"); Kevin Voltz (First Place Winner slogan "My Helmet Is My Friend"). Each winner received a Certificate and Citizenship Medal. Mr. Sauter stressed that many veteran associations were available to assist the Police, Fire and other City departments when needed. In reference to the Turner Joy, he agreed with Mr. Overson's comment, however, there are many under privileged children in Bremerton that need to get aboard that ship. He suggested offering a "one time free pass" for all children so that they can learn what the Vietnam War was all about. Lorraine Satvet, Kitsap County Rodeo Court Advisor, introduced the Rodeo Court Royalty: Queen Tammy Cooper, Princes Stephanie Puzon and Katie Kitsap Tonhie Hilderbrand. Members of the Court shared information about upcoming events at the Kitsap County Fair and Rodeo -"Days Of Swine & Roses" - starting August 26 through 30th. Gordy Byrd, 3739 "G" Street, reported a young boy, who was setting candy, offered to donate 1/3 of everything he sold to the "Byrd's Nest" shelter and so far that amounted to $3.50. Since he has been soliciting fund on the boardwalk, he has collected $682.02 and he received a $200.00 donation by mail. He also displayed a picture he received from Bremerton Port TAPE #1049 City Council Reg. Mtg. Minutes August 19, 1992 Page 5 of 22 Commissioner Fred Schoneman. Police Chief Del McNeal stated in reference to Mr. Waldbillig's testimony to Council about a problem with a drug house in his rental property, Mr. Waldbillig met with Mayor Mentor and himself prior to the Council meeting on August 12. At that time, he took down the information and then contacted the City's drug unit to see what had gone on with that particular incident. He confirmed that Mr. Waldbillig had called Sgt. Cox in February and talked with him about his rental house having the basement windows boarded and he believed there was a "grow" operation going on in the house. That case was then assigned to one of the detectives and he began to attempt to call and follow up. On May 6 the detective reached Mr. Waldbillig and talked with him about the situation and received the same information of a suspected "grow" operation. At that time he indicated to the detective that "eviction" from the premises had been served. The detective denied asking Mr. Waldbillig to delay eviction and was not something they usually do. At that stage, with the person being evicted, the case to the Police Department would go somewhere else to a file. They had no further word on this situation until Mr. Waldbillig was in his office on August 7. He checked with the CAD System in regards to the contacts that particular day. Mr. Waldbillig had called at approximately 1- 1:10 P.M. and requested a "standby" for entering his property due to his fearing the tenant might not let him enter the premises. This request was canceled at 1:35 P.M., after they entered the house without incident. There was a call back at 7:24 P.M., which was responded to by Officer Novack, who observed the tenants moving out. Officer Novack was allowed to walk through the house and at that time there was no evidence of any kind of marijuana but there was a grow light and table, which are not illegal items. Mr. Waldbillig previously indicated at approximately 6:00 P.M. he contacted the Crisis Clinic and they told him a Bremerton Police Officer had checked the house after 5:00 P.M. Chief McNeal contacted CPS and the Crisis Clinic and neither of those agencies have any contact they could relate to Mr. Waldbillig requesting they check that house for the welfare of the children. Chief McNeal stressed the Narcotics Office receives lots of calls, they check out as many of them as they can and in this case they believed the person was evicted and leaving. Don Larson, President Kitsap Diving Association, announced his group is meeting on August 20, 7:00 PM, at Olympic College Humanities Room 104, and the public is welcome to attend. Dr. Fran Solomon of the Department Of Ecology (Urban Bay Action TAPE #1049 City Council Reg. Mtg. Minutes August 19, 1992 Page 6 of 22 Team Coordinator for Dyes Inlet and Sinclair Inlet) will speak to this group on progress being made on the Action Plan for Sinclair Inlet. He reminded everyone that Washington Coast Weeks is coming up in September. Kitsap Diving Association is interested in developing anunderwater reef and have joined in with other diving groups to find sources of materials for such a project. He requested a response as to what progress the Parks Department has made looking into development of a reef. President Hotton stated she would have Ms. Vanneman respond to his request. Bernie Waldbillig stated last week he came before the City Council with facts relating to dates, who he talked with, what was said and the times in regards to a "grow" operation in the basement of his rental property. On Saturday, August 15, he read a newspaper article and received mixed feelings over its content. He took it as an answer from the Police Department to the charges he made against the Police Department. There were a number of direct contradictions in that news article as were there direct contradictions in Chief McNeal's statement earlier in this meeting. He urged the City Council to look further into this and not stop...we have a problem. He did not come before the City Council fabricating a big story to hang anyone. He came before the City Council to complain about what has taken place at his rental house. As an update, his tenants are still living in the house, an eviction notice has been served and they refused to move. He is taking the matter further through a summons. President Hotton stated at this point he needs to spend some time talking with Chief McNeal and Mayor Mentor as they are in a better position to try and figure out what happened and she urged him to pursue that avenue. Council will continue to look into this issue. Mr. Colvin questioned what Council district Mr. Waldbillig's property was located in? Mr. Waldbillig stated Council District #5 Phil Olwell, 2455 N. Wycoff, stated he is also experiencing a drug problem in his neighborhood and the situation has existed over I 1/2 years. He also has had communication problems with the Police Department, but through perseverance and pushing on his part he has received some answers from Chief McNeal to some of the things going on in relation to the Drug Task Force. He urged the Council and City to sit back, talk about this and move forward in relation to a budget or monies that need to be appropriated to further enhance the number of bodies we have in the Police Department. The numbers of Patrol Officers have declined in the last three years and the TAPE #1049 City Council Reg. Mtg. Minutes August 19, 1992 Page 7 of 22 Drug Task Force went from five people to two. The Drug Task Force is made up of two Bremerton detectives that are supposedly under a grant from HUD, a Patrol Officer from the Cities of Port Townsend and Bainbridge Island as well as the addition of one officer from the State Patrol Officer. Mr. Olwell expressed concern that when a State Patrol Officer is included that also includes the State Hotline For Drugs to Olympia and expands the area this Task Force would be responsible for. He believes Bremerton has enough drug programs to warrant this whole unit working just within the city limits of Bremerton. As a citizens, he appealed to all other citizens of Bremerton to move forward on this situation because such issues have been brought before Council over the past three years. And, it is just now with conversations with the Mayor that he is finding out about a proposed Levy. He did not believe a one year program, funded by a Levy, would be adequate to tackle drug problems in Bremerton. He emphasized the current Drug Task Force is just a smoke screen and totally understaffed to take on the huge responsibility it faces. President Hotton encouraged Mr. Olwell to meet with his Council District representative, Mayor Mentor and Chief McNeal. She noted there is the possibility of a funding issue to go on the ballot as early as next spring, which is not a City issue but a regional/County issue. If that proposal is done properly, the City may realize a revenue stream into perpetuity that could be used for that very purpose rather than a one year Levy. Mr. Olwell stressed his intent was to not "dump" on the Police Department and he realizes they are understaffed. In reference to the Ferry System, he urged the City Council to watch carefully what is being proposed by the Ferry System to utilize needed vehicle parking for park areas. President Hotton noted there may be a good compromise in that regard. Mr. O1we11 emphasized that there are communication problems in the Police Department, however, Chief McNeal is working with him not against him. He will continue to put pressure on the Police Department to rid his neighborhood of any and all drug houses. Myrna Green, 25th & Snyder Avenue, stated the drug problem is disastrous and has gone on a lot longer than 11/2 years in this same area. Her home is being used as an escape route for drug trafficking via the water. She is very concerned for her safety as well as her two sons and two granddaughters. She was required by the City to clear off brush along the banks of her property so that drug people could use the area as a hiding place. She stressed the importance of the City Council backing up the Police Chief and Mayor with funding for adequate forces to fight against the drug problem. She stated TAPE #1049 City Council Reg. Mtg. Minutes August 19, 1992 Page 8 of 22 #2575 no matter how much money is put into enhancement projects, such as the Turner Joy and boardwalk, people will be driven out of the City because of drugs. She has already spoken to the Chamber of Commerce and she will be talking with the Visitor and Convention Bureau to see if they can help the City address this problem. She did not want to go to the media to get some kind of results, but if something is not done to resolve the situation, she will do just that. 6B - ORDINANCE NO. 4385 (SECOND READING) TRANSFER OF OWNERSHIP OLYMPIC CABLEVISION L.P. TO FALCON VIDEO COMMUNICATION L.P., #AB92-204 Public comment - none. Mr. Johnson questioned with the change in ownership will it give the public more access to CBUT? Maggie Gold, Manager, stated right now they are "maxed" out on channels and she does see a rebuild of their system within the next few years and at that time options will be considered. M/S/C/U(Johnson/Colvin) to pass Ordinance No.4385, on second reading, amending Ordinance No. 4206 to authorize transfer of said franchise from Olympic Cablevision Limited Partnership to Falcon Video Communications, Limited Partnership. 6C - RESOLUTION #2401, ESTABLISHING AN AD HOC COMMITTEE TO EVALUATE ANDASSE8 THE BREMERTON CITY CHARTERAND FORM OF CITY GOVERNMENT, #AB92-207 Kathleen MoCluskey, City Clerk, stated this Resolution is being proposed by Cecil McConnell and is a citizen request. Practices and Policies brought on by changes in laws, environment and necessity do not agree with the current City Charter plus the predicted growth of the City will demand more experience, training and management skills of the person charged with the responsibility of managing the City. More than can be provided by a layMAN. Therefore, it is respectfully requested that the City Council appoint a Committee to determine if the City of Bremerton should consider a change in the form of government to provide the necessary management skills events appear to dictate is needed, i.e., a City Manager/Council/Mayor government. The size of the Committee and its composition to be determined by the City Council. It is suggested that the Committee should have as members personnel representing the business community, political groups, neighborhood groups, government TAPE #1049 City Council Reg. Mtg. Minutes August 19, 1992 Page 9 of 22 and others the City Council deems necessary and advantageous. It is further suggested that 15 members would be sufficient. The current City Charter, if retained, should be reviewed in its entirety and corrected to represent current procedures and policies, and to remove vagueness, duplications, and ambiguous language. Cecil McConnell, Almira Drive, stated there are several groups of people around the City who are discussing a "change in government", and who are not necessarily connected together. The group Mr. McConnell is involved with felt it would be better to approach the City Council and have them appoint a bipartisan committee to study the government, not necessary to change it, but to see if a change is needed and to go through the antiquated City Charter. Since the change of government in 1983, there have been considerable change in conditions without the City Charter being brought up-to-date and kept in context with what is actually happening in society. This proposal is not asking for a vote on a change of government or even upgrading the City Charter, rather it is asking that a committee be appointed representing all facets of society of Bremerton to study this problem and see if changes are need; and if so, where they should be made. It has been said that City government should be reviewed every 10 years and the City's current form of government is now 10 years old. Mayor Louis Mentor stated there were two ballot measures in 1991 to change the form of government and there have been lots lof people looking at different forms of government in the past. If we truly want to look at a change in the form of government, he believes a Freeholders process would be the way to do that. He did not support having the Mayor or City Council establish such a committee because they should be divorced from the issue and left up to the citizens. Last year there was a ballot issue to change the form of government that was voted down 2-1 by the citizens. He believed it has been looked at, however, if it is desired to look at it again then the Freeholders process is the best approach. Addressing the issue of the form of government is a costly process. If Mr. McConnell's proposal is adopted, it will cost the City thousands of dollars. Mayor mentor stressed it needs to be done in a legitimate form with backing from the whole City. Mr. Overson stated from his understanding there is already a group working on a proposal for a change in form of government. If that is a fact, he would like to see some broader representation in this style of committee. If this TAPE #1049 City Council Reg. Mtg. Minutes August 19, 1992 Page 10 of 22 committee feels a Freeholder process is the result, then that would be a recommendation from that committee. He could not support the Resolution establishing the committee, however, that did not mean that he wouldn't support a Freeholders proposal. Mrs. Fits stated she had some concerns over the summary statement that was given on the Agenda Bill. Any committee that is to look into a change in government needs to look at all forms of government, not just a City Manager/Council form of government. President Hotton pointed out that Mr. McConnell stated at Council's Study Session that although his group favored a City Manager they felt looking at all forms of government was the proper process. Mr. Collins referenced the Constitution Of The State Of Washington that sets out the RCW that sets out the incorporation of municipalities and legalizes the use of a Freeholder process. Mr. Johnson stated both he and Councilman Dawkins were very familiar with the Freeholder process as they had both run for a Freeholder position. His position at that time was that he was running because he did not know what was going to happen although he really did not believe in the Freeholder process. In talking with experts at the University Of Washington and other institutions where they have large political science groups Freeholders generally never produce a product and nothing happens. They get involved and if they make a proposal they usually try to encompass so many wishes of so many TAPE #1050 different groups that they manage to make everyone mad; or they meet forever and one of the legal outcomes is no change. He was involved in the change of government that brought the current government into office and all the recommendations were to study all different alternatives and see what fit the community best with lots of community involvement. At the time of the last election when another proposal for change came up, he purposely remained quiet, although he did favor some change. He believed management of municipal government has become so complicated that more professionalism in government is needed. His staying away from commenting on the previous ballot issue to change the form of government was wrong and what actually happened was like a door being slammed on the people who were working to receive valid input from people that were not normally available via a phone call or people with experience. In this case, he believed Mr. TAPE #1050 City Council Reg. Mtg. Minutes August 19, 1992 Page 11 of 22 McConnell is on the right track in going through his proposed charter, however, he would like to include some things that might open some more doors. If this group is going to sit down and study it, he believed they should look at all the options starting with the State Constitution and RCW's, and they should have some access through a focal point in the City allowing them access to the libraries at Municipal Research, etc. He also believes, in a "non" voting capacity, the City Council and Administration should provide some representation and help to work with the Citizens to answer questions. He volunteered to give assistance in this endeavor if it is approved. Mr. Overson stated he agreed with Mr. Johnson's technical approach and questioned if he believed the proposed Resolution needed some rewrite? Mr. Johnson stated the City Charter could be improved upon and he would delay voting on this proposal to allow rewording of the resolution and scope of responsiblity. President Hotton questioned if it would be possible to look at this proposal in two phases: (1) approve the first Section of the Resolution establishing the committee and bring them together; (2) to determine exactly where we need to go from that prospective. Mr. Johnson stated he would hate to see Council be locked into the membership of the proposed committee because he believes there are others who should be included. He did support establishing the committee, however, he wanted more input into what they will be tasked to do. Mr. McConne11 stated the composition of the committee was intended to be totally up to the City Council. President Hotton questioned if Mr. McConnell would object to delaying this item for one week? Mr. McConne11 stated he had no objection. Mr. Collins stated he was trying to understand what Mr. Johnson was actually saying. He questioned if Mr. Johnson still wanted a committee of 15 members and if so, did he have a reason for establishing a committee that would be basically in control of the City Council? Mr. Johnson stated the reason is there are no rules on Freeholders...no deadline or direction. It was his understanding that within the past couple of years there have not been any elections where Freeholders have managed to change the form of government. Mr. Collins stated there were two cities: (1) City of Federal Way was just established under Freeholders; (2) City of Bellevue completed their Freeholders study, which was concluded in i 1/2 years; and was completed about 1 year ago. And, there is a city near Marysville that has, by Freeholders, determined they will become incorporated. President Hotton emphasized just because Freeholders may want incorporation, i TAPE #1050 City Council Reg. Mtg. Minutes August 19, 1992 Page 12 of 22 that issue must go before the vote of the people. Mr. Collins stated yes, it goes before the vote of the people in its total. One of the responsibilities of the Freeholders is to insure that the Freeholders will bring forth to the total constituency a charter and an organization. Mr. Johnson pointed out the cities Mr. Collins cited were not "Charter" cities and what they probably did was to read the RCW and say "we want to be an Optional Code City". Mr. Collins cited the following: "such proposed charters shall be submitted to the qualified electors of the city and if a majority of such qualified electors voting there on ratify the same, it shall become the charter of the said city and shall become the organic law thereof". Mr. Colvin stated he believed this issue needs more clarification. He believed the City of Bremerton was started by Freeholders. The second form of Bremerton city government was also started by Freeholders, which lasted 60 years and the current form of government was brought about by an Ad Hoc Committee and it is only 10 years old. He questioned if the Freeholders process was so bad, why did the City experience a form of government covering a 60 year span? Regardless what label is put on the government, in the final analysis it is the type of people elected to run that government. He noted he admired Mr. McConnell for undertaking this task. He believed more study should go into this issue prior to being approved. President Horton expressed concern over the use of a Freeholders process and not getting anything from them as well as individual groups pursuing a change that again may last 10 years. She believed it behooves the City Council to become involved with a group of citizens who want input and who want to do the right thing. If established, that group may come up with the proposal to use the Freeholders process. Kitsap County established a committee to look at their form of government, of which Councilman Collins is a member, and that group recommended the Freeholders process. She stressed she is getting fed up saying there are problems and then looking at the "other guy" to fix them; well, the "other guy" is us, not just this Council but the group who has come before us and every member of this community. Mr. Co111ns added and every elector in the City of Bremerton and they are the ones not being heard. President Hotton stated if ultimately this group comes up with a recommendation for a Freeholders process or a form of government, every voting member of this community will get a chance to make that determination. Mr. Collins stressed the voters would only be allowed to vote on one single package...they don't get to say "is it broke?". He does not TAPE #1050 City Council Reg. Mtg. Minutes August 19, 1992 Page 13 of 22 know if the current form of government is "broke". President Hotton stated if Council rejects putting this committee together, they will put it together themselves with or without Council's input and develop a ballot issue. She personally would like to see that they get started properly. Mr. Colvin stated if this Committee is established, there iS no preclusion that a Freeholders process could not be the end result. He wants to understand exactly what is being proposed. President Hotton supported postponing this issue and obtaining more input and definition of a proper course of action. Mr. Johnson stated he did not believe the original charter lasted 60 years. Mayor Crockston was the first Mayor of Bremerton and he was on a City Council, which later changed to a Commissioner form of government. #0488 M/S/C(Johnson/Colvin) to table this item for one week. Vote: In Favor: Opposed: Abstain: Overson, Neville, Fitz, Horton, Dawkins, Colvin, Johnson Collins Waibel Due to President Horton having to go out-of-town, she turned the meeting over to Council Vice President Morrie Dawkins at 7:30 P.M. 6A - ORDINANCE (FIRSTREADING) AMENDING THE PARKS ORDINANCE TO ALLOW CON8UMPTION OF ALCOHOL IN PARKS FOR SPECIAL EVENTS, #AB92-206 Regulations of the parks code are amended in three areas: (1) Regulations restricting speech and assembly in public parks have not been enforced in recent years due to rulings on first amendment rights in traditional public forums which include public parks. These sections of the parks code are now stricken; (2) it is proposed that alcohol beverages now be permitted as part of regulated or controlled activity in the parks; and (3) by agreement with the Port of Bremerton an exception for park closing hours is clearly stated for the overwater park to accommodate marina users. Vicki Vanneman, Parks and Recreation Director, stated there are two proposed changes: (1) Section 13.040.080 - to be addressed by City Attorney Ian Sievers; (2) 13.040.140 involving possession and consumption of alcohol in park facility. She noted State Liquor Board Agent Cole Roberts was also present to respond to questions as was Carol Atkinson, co-chair of the Bremerton Blackberry Festival. Ian Sievers, City Attorney, stated the law has been and is TAPE #1050 City Council Reg. Mtg. Minutes August 19, 1992 Page 14 of 22 that a municipality may not totally restrict free speech in a traditional public forum. Parks, streets and sidewalks are traditional public forum under Constitutional Law. Restrictions are allowed to the extent they protect a compelling state interest, which is substantial in relation to the restrictions imposed, but even then they must be only restrictive as necessary to protect the state interest and must also provide an alternate means of communication. Based on that brief review of the law, he recommended Council approve the total prohibition on solicitation and also the blanket discretion for the Parks Director to prevent assembly in the parks. Even if the park was considered a limited public forum, such as the City Council Chambers, the City has to have an equal access program for those facilities, which may not be subject to official discretion. He also is recommending several changes in "Criminal Penalties". This Ordinance also had a section on "Aiding And Abetting a Principal of Criminal Liability, which are all adopted either in the beginning of the Municipal Code or in the Criminal Section and are no longer necessary and have been removed. Ms. Vanneman stated the second issue is the change regarding "alcohol". It is her feeling as well as the Parks Commission that absolute prohibition of alcohol use in City Parks' facilities is somewhat limiting and outdated. A couple of specific changes to this rather restrictive code would enable her department to offer additional public services. The three opportunities for change would be "Special Event", requiring a Special Event Permit as it does now. A special event would be applied for in the Business Tax and License Office (approximately 20 such permits are requested annually, of which probably 10% inform the City they are planning to service alcohol). She anticipates maybe two such events per year, and a good example would be the KBRO Birthday Party that was planned for earlier summer (but was withdrawn) featuring a street fair event with a "beer garden". Another example would be Bremerton's Blackberry Festival held Labor Day weekend. At this time,such events fill out a lengthy and involved application covering a broad range of information including what activities are to be offered, who is in charge, times/dates/places, estimated attendance, etc. It also covers very specific information on insurance requirements, insurance carrier, and requires a copy of Certificate Of Insurance. If the applicant requests that alcohol be served, they are required to provide a copy of the Special Occasion Permit issued by the State Liquor Control Board. Special Events are handled in other cities pretty consistent with what is being proposed. The city of Lynnwood co-sponsors an event in their main park, under a Special Event Permit, and TAPE #1050 City Council Reg. Mtg. Minutes August 19, 1992 Page 15 of 22 require a Special Occasion Permit for a Beer Garden. The City of Edmonds hosts the "Taste Of Edmonds" and "Art Festival", held at the Frances Anderson Center, which is on park property, and includes a Beer Garden. Metro Parks and Recreation of Tacoma hosts the "Taste of Tacoma" at Pt. Defiance Park and they allow a Beer Garden with a Special Occasion Permit. Banquet Permit - it is proposed that alcohol would be permitted with a Banquet Permit and contained within a Parks Department facility, i.e., Sheridan Park Recreation Center (Lounge) and the Senior Center. Ms. Vanneman explained her Department has received inquiries for holding events such as Anniversary and Birthday parties (senior events), and when they discuss the details of the use of those facilities and when it is discovered they cannot have a Champaign toast they generally look elsewhere. Those two City facilities are available at a nominal cost with a Damage Deposit required. The City of Lynnwood has not had a request that involved use of alcohol for an "in side facility", however,. if they did receive such a request they would allow it using a Banquet Permit. The City of Edmonds and Metro/Tacoma uses a Banquet Permit for such events. Metro included a couple of stipulations that are very wise... a copy of the Banquet Permit issued from the State Liquor Control Board and the local State Liquor Board Office requires a copy from Metro saying "yes, they are authorizing the use of their park building for this event". They also require that groups be out of the building by 1:00 AM and serving of alcohol concludes at midnight, which allows for a reasonable time for clean up. Parks Concession Agreement - by passage of this ordinance it would allow a concessionaire to put together a bid package that included the sale of alcohol at a facility that had a concession stand. The City Council would be in control of granting this use as all concessionaire contracts/agreements must be approved by Council. She referenced the most recent concessionaire contract being with Darrell Erickson at Lions Field. Passage of this ordinance would not guarantee that allowable use and would be a Council decision. Cole Roberts, Agent for the State Liquor Control Board, stated he has had five years experience serving as a Liquor Control Board Agent with assignments in King, Pierce and Kitsap Counties. He has had relative experience in regards to Special Occasion Licenses and Banquet Permits and how they are commonly used in municipal parks. He explained a Special Occasion License, often requested by non-profit organizations, TAPE #1050 City Council Reg. Mtg. Minutes August 19, 1992 Page 16 of 22 allows the organization to actually sell liquor at the proposed event, which can be open to the public. A Banquet Permit is given to a private function, which does not allow the function to be open to the public or advertised in a way that would deem it being open. What is commonly seen with Parks Departments is the use of parks facilities being rented out to the public for events such as wedding receptions, birthday parties, dances, etc. The employees of the State Liquor stores and contracted liquor agencies are required that if a person is attempting to secure a Banquet Permit for a function that will be held at either a County or municipal park or park facility, they must provide written authorization that particular municipality or park department will allow liquor for that event. He suggested drafting some sort of language in the City's initial permit application that would incorporate the authorization for liquor to be used at a particular function. A Banquet Permit would allow persons to serve either beer, wine or spirituous liquor for their function. It needs to be a type of function that is not pecuniary gain so basically wedding receptions and such fall into that category. He also suggested incorporating some sort of language that give the City a window of time that would allow a paper trail to follow. It is not uncommon for someone to apply for a Banquet Permit the day of or day prior to their event. The Liquor stores would mail a copy of that Permit application to the enforcement officers and the Liquor Control board reviews the application for any "red flags" that would warrant denial or further investigation. By giving a window of time, perhaps 10 days, the City would have an opportunity to review the Banquet Permit application as well as leaving a safe margin of time for the enforcement officers to also receive their copy of the Permit application prior to the event taking place. The Special Occasion licenses are automatically sent to the Mayor's Office regardless of whether an event is held on City owned property or not. As a result of that, they require applicants for Special Occasion Licenses to apply a minimum of 30 days in advance of the event because the Liquor Control Board is required to give the City 20 days to respond to such requests. Often times, however, persons find themselves having less than the 30-day period to gain approval and the Liquor Control Board has accommodated such event. However, when less than 30 days is indicated and the proper channels have not been followed in notifying the municipality, the burden falls back onto the group that is applying for the Special Occasion Permit that they themselves secure written permission of either the Mayor's Office, City Council, or what other governing agency would give approval for the event TAPE #1050 City Council Reg. Mtg. Minutes August 19, 1992 Page 17 of 22 taking place in that municipality. Mr. Colvin questioned if non-profit organization could sell liquor under a Special Occasion license? Mr. Cole stated yes, and an example of that is the "Taste Of Tacoma, which is a non-profit organization that establishes that license for that particular event. Mr. Colvin requested identification of other non-profit organizations. Mr. Cole stated the Red Cross was another example of such an organization and basically what the Liquor Control Board requests is that the non-profit organization be registered in that manner as a non-profit organization not only with the Secretary Of State but also with the Federal Government on their tax identification number. Mr. Colvin questioned if the rules that apply to one non-profit organization would apply to all? Mr. Cole stated yes. Carol Atkinson, Co-Chair of the Bremerton Blackberry Festival, reported her committee is made up of 25-30 very responsible people. She stressed the Blackberry Festival is a major undertaking and the festival has had beer gardens for the past two years, without any incidents or problems. Mrs. Fitz questioned the locations of the two previous beer gardens? Mrs. Atkinson stated last year it was held in the D & D Deli, 245 4th Street and the prior year in the building now occupied as the Olympic Gymnastic Center on 4th Street. Mrs. Fits stated the Fiscal and Budget Committee discussed this issue and this date she requested data from Chief Del McNeal on the amount of money spent on the D.A.R.E. program. His response was that they spend approximately $5,000 annually, which is contributed by the County, plus the cost of a D.A.R.E. Officer. Parks are funded by the citizens of the City, children-seniors should be able to enjoy parks and feel they can use the parks without people using alcohol in the parks. She believed the City is contradicting themselves when money is being spent on the D.A.R.E. program and the DWI Task Force and now, if the proposal is apprcved, would be condoning the use of alcohol in parks. 'She was not opposed to the use of alcohol in other places, but City parks are not the place for it. She would support using the Senior Center and Sheridan Park Recreation Center for banquet facilities and private parties due to their not being visible to the general public and any attending children would be there under their parents control. She did not believe beer gardens belonged in City parks. School Districts provide full time drug and alcohol interventionist to help address a severe alcohol problem in school age children. She is concerned about the message being sent to those young people by allowing TAPE #1050 City Council Reg. Mtg. Minutes August 19, 1992 Page 18 of 22 consumption of alcohol in City parks. Mr. Overson stated he has been involved in assisting festival type activities and understands the significant economic impact of allowing a beer garden. However, all of those organization in Bremerton have been able to sponsor events outside of City parks and they have been successful. He stressed alcohol is the most abused drug and the problems of it and its use are known to everyone - widespread and fully recognized. He also believed if this item is approved it would be sending the wrong message to the public. Mr. Neville stated he has had the opportunity to see the establishment of beer gardens at special events work very well. In years past open consumption of alcohol was rampant and since that activity is confined to a "beer garden" it has reduced the adverse impact on the public. He stressed such events are only special occasions that take place one or twice a year. He did not see beer gardens as places where adults become inebriated, but rather a place to relax. He noted it can be used wisely and is used wisely. Mr. Waibel stated he believed the restrictions that cover Special Occasion Permits and Banquet Permits really do limit to certain times, events and areas. He is more concerned about allowing concession stands to sell alcohol because it does generally mean there would be construction of some area for that drinking. From his own personal experience, he did not want to see open drinking spread all over the Lions Field setting. Andy Parvpa, 1122 Hayward Avenue, stated earlier in the meeting he heard a long discussion about drugs, children who are living on the streets and adverse affects of alcohol and drugs on them and others. He personally agreed with Councilmen Fitz and Overson that this City, who has such a problem with alcohol and drugs already, should be setting the example as to use of public property. He has played many golf courses and in his opinion Gold Mountain Golf Course is a park and was one of the few courses allowing a concession to serve alcohol on the golf course. He views this practice as unsafe and settinga bad example. He stressed there are plenty of organizations available, such as Eagles, Elks, Kitsap Golf And Country Club, restaurants, etc., who would sponsor and take on festivals or events. If the City approved the sale of alcohol in parks, he believes the City would end up paying out more money protecting the public than any revenue received. He discounted the testimony by the Liquor Control Board Agent due to their inadequate policing of taverns. He begged the City TAPE #1050 City Council Reg. Mtg. Minutes August 19, 1992 Page 19 of 22 Council to not allow the Parks Department or any portion of City government to sponsor alcohol being served at parties, picnics or celebrations. Mr. Johnson stated he did not have a problem renting out the Senior Center or an enclosed room in the Sheridan Recreation Center for an occasional Anniversary party or wedding reception. He did have a lot of objection to the outdoors use of alcohol in various parks...part because of demographics of our community and the possibility of it being taken advantage of. He is concerned over what could happen on the waterfront, specifically there is a restaurant/tavern in operation bordering the boardwalk and he did not want to see a full time use for a sidewalk cafe. That would not be an impression he would like to make when a tourist disembarks from the Ferry. He stressed the boardwalk should be a Pacific Northwest free fresh air, lets have a good time place. He did understand the issue about the Blackberry Festival organization and felt that may be why this Agenda item was presented at this time. He would be willing to make a "one year exception" or work out something with the Port District to use the parking lot on the pier. In general, he did not think the Blackberry Festival should have to depend on "beer" sponsorship to survive. He did not want to see the waterfront turned into anything that advertises alcohol in Bremerton, especially considering the recent news articles and testimony about drug and alcohol problems involving the youth of our community. Mr. Colvin stated he agreed with Mr. Johnson and the Blackberry Festival is a good organization that deserves consideration and help. However, he did not feel there was enough information in the proposed ordinance as to limiting the use of alcohol in public parks just during the Blackberry Festival. He did not want to see the waterfront park turned into a beer garden without consideration of our children. Mr. Co111ns pointed out the Council could be moralistic on this issue, however, there are those who would abuse the use of alcohol regardless of the time or place. He saw this proposal as the last of the blue laws in the City of Bremerton. Mr. Neville questioned if this proposal went before the Parks and Recreation Commission and if so, did they give their approval? Ms. Vanneman stated yes, the Parks Commission reviewed the issue and recommended approval. Mrs. Fits pointed out when the blue laws were changed it did now allow drinking in parks on Sunday, but confined it to TAPE #1050 City Council Reg. Mtg. Minutes August 19, 1992 Page 20 of 22 cocktail lounges and restaurants. Mr. Overson stated at the beginning of the meeting Judge Alexander made a presentation which needs to be remembered...we have to make the difficult right decisions sometimes. Mr. Collins expressed that nothing could be done, however, he believes this is one thing Council could do. It is no longer acceptable for Council to say "yes there is a problem, however, we cannot do anything about it". This could be the time for Council to take one step in the right direction and doing something about it. Mr. Colvin voiced concern over the lack of citizens responding to this proposal. He suggested postponing this issue in order to give the citizens a chance to voice their concerns. Mr. Walbel stated as a point of clarification this ordinance, if passed, would not be in effect in time for the Blackberry Festival. Kathleen McCluskey, City Clerk, explained it could be in effect by one day. Mr. Dawkins stressed the need for funding to put on events such as the Blackberry Festival. He noted there are lots of organizations who use the "beer garden" activity to raise funds for continued activities in coming years. He acknowledge there will always be people opposed to allowing alcohol use in the Senior Center and Recreation Center, however, he believed it would offer the public the opportunity to have the use of a nice facility for a nominal fee. He stressed "beer garden" type activities happen all over the state. Mr. Colvin questioned if anyone had any problem with tabling this item until the public had an opportunity to give input? Mr. Waibel pointed out if the first reading of the ordinance is not done at this time the September 6 effective date would not be met. Ms. Vanneman pointed out The Sun did print an article on this issue in today's edition. Mr. Colvin stated in his opinion that was too short of notice. Mr. Overson stated there are alternatives to having the beer garden in a City park. Mr. Waibel stated he believed the family is where the values have to be established in terms of not only alcohol and drugs, patriotism, etc. You cannot pass laws and then set back and say "that will take care of it". That safety net is an illusion. We cannot legislate morality and we cannot do it here to stop the kinds of things that have been talked about - TAPE #1050 City Council Reg. Mtg. Minutes August 19, 1992 Page 21 of 22 it has to start with the "family". Mrs. Fitz stated parents should expect they can bring their children to a park and not have them subjected to liquor in any form. Citizens pay for that park and senior citizens should be able to go there and feel comfortable at not having liquor being sold. The children who are on First Street in Bremerton don't have families like hers and Mr. Waibel's. They need someone to give them direction and she felt we, as a City, could do that by not condoning alcohol in City parks. She is not opposed to alcohol in the private business or places that are set up for that...not in the public park. Mr. Johnson expressed concern over potential headlines in the local newspaper if this item is passed: "citizens protest drugs and such activities in Bremerton and Council responds by legalizing booze in the park"! Mrs. Atkinson stated Council was correct that funding is needed to support a festival activity and people will go elsewhere to have their festivals if we cannot have a full festival. She stressed they have never had any problems in the past of people over drinking in the beer gardens. This year it was proposed to have the beer garden on top of the Utility pump station, which would allow checking people as they travelled up and down the stairway and is not located directly on the boardwalk. The festival's funding does come from the overriding sponsor and allows them to provide entertainment. They were not aware there might be a problem over having a beer garden so this may jeopardize everything in the future. Mr. Johnson stated the festival committee may have already solved there problem considering the fact the pump station is Utility property and not part of the City park. Mr. ParV~a emphasized the Blackberry Festival needs funding and they may loose their sponsor, however, there are other places to hold the beer garden where it would not impact the young people and other people who would find it offensive. Mr. Johnson raised the questioned to the City Attorney: "is he correct in that the observation deck on the sewer pump station outside of the City park area"? Mr. Sievers stated he believed the restroom that are part of the pump station are an integral part of the park as is the viewing platform and was probably designed by Council to augment the necessary placement of that utility feature and to mitigate its placement. Mr. Johnson pointed out the restrooms were built #2476 #2598 TAPE #1050 City Council Reg. Mtg. Minutes August 19, 1992 Page 22 of 22 before there was ever an overwater park. Mr. Sievers stated even though it may be owned by the Utility, he was sure they do hold the Port's Harbor Lease for the pump station. When looking at how it is being used, certainly the innards of that building are being used by the Utility Department but he thinks other portions are part of the park. He thinks the intent of the Park Ordinance is talking about City parks and how they are currently being used, not who owns some interest in the property. Mr. Johnson stated that was the opposite of what he hears when we talk about Jarstad Park and the Golf Course. One of the two has to give...we either put up "no drinking" signs on Jarstad Park and the Golf Course or .... Mr. Sievers stated he also believed that was a pretty thin justification for those two facilities. M/C/F(Overson/Fitz) to disapprove this ordinance as presented. Vote on motion: In Favor: Colvin, Johnson, Overson, Fitz Opposed: Waibel, Collins, Dawkins, Neville Motion failed. M/S/F(Waibel/Collins) to approve Ordinance, on first reading, amending City park regulations relating to assembly, liquor, operating hours and penalties; and amending Bremerton Municipal Code Chapter 13.04. Vote on motion: In Favor: Collins, Dawkins, Neville Waibel Opposed: Colvin, Johnson, Overson, Fitz Motion failed. With no further business meeting adjourned at 8:36 KATHLEEN L.M~cCLUKEY, City Clerk ~RTON, Council President City of Bremerton KLM/LH/me cc: Normal Distribution File/Vault