HomeMy WebLinkAbout05/25/88 TAPE #548 UNAPPROVED DRAFT
CITY COUNCIL MEETING MINUTES
MAY 25, 1988
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, May 25,
1988 at 5:30 p.m., with Council President Hank Waibel
presiding. Council members present were A1Colvin, Morrie
Dawkins, ¢. R. "Tiny" Collins, Lynn Horton, Russ Johnson,
Spencer Homing, Shirley Marry Crutcher, Lon Overson. Also
present were City Attorney Ian Sievers and Deputy City
Clerk Gil Johnson.
The meeting opened with the Pledge of Allegiance led by
Council President Hank Waibel and Invocation was given by
Reverend Dave Green of Sylvan Way Baptist Church.
CONSENT AGENDA
A. Minutes of Meeting Held May 11, 1988, #AB88--134
B. Bid Award Recommendation Authorization to
Purchase Backhoe Tractor, #AB88-135
#0079 M/S/C/U(Overson/Horton) to approve Consent Agenda as
presented.
CLAIMS/WARRANT REGISTER
Vouchers audited and certified by the auditing officer as
required by ROW 42.24.080, and those expense reimbursement
claims certified as required by RCW 42.24.090, have been
recorded on a listing which has been made available to the
Council.
#0092 M/S/C/U(Colvin/Horning) on May 25 1988, the Council does
approve for payment those vouchers included and further
described as follows: Warrants Nos. 36455, 36456, 36457,
36458 and 36464 through 36564 in the total amount of
$23?,253.78 and Regular Payroll in the total amount of
$310,504.14.
COUNCIL MF~MBER REPORTS
Mr. Johnson attended the Armed Forces Parade and noted that
the participants in the parade put forth their best effort,
especially the Bremerton High School Band. Mr. Johnson had
an opportunity to hear Retired Navy Captain Cernan, former
Navy Astronaut, speak at a meeting held at Keyport Naval
Station. As a follow up, Mr. Johnson hopes to provide a
video tape of Mr. Cernan's presentation to be shown on
Channel 29 at a later date.
Mr. Colvin attended a Lions Club Convention in Portland,
Oregon, over the weekend and reported that the Lions
organization is supporting a drug program titled "Quest".
Mr. Dawkins attended the Armed Forces Parade and noted that
they are getting bigger and better every year. Mr. Dawkins
announced Memorial Services will be held on May 31,
commencing at 9:00 AM at Retsil and at 1:00 p.m., at Ivy
Green Cemetery. He encouraged everyone to attend as the
ceremony is quite significant in remembrances of those who
lost their lives in war.
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Mr. Collins attended the Armed Forces Parade and commended
the culinary efforts displayed during the baked bean/corn
bread contest. Mr. Collins thanked the police for the good
3ob they did during the parade and expressed how proud he
was of the distinguishing looking Chaplain Corps.
Mr. Overson announced that input on Statements of Issue and
Policy should be in by May 31, to be published in early
June. Also, anyone with additional input to the Goals and
Objectives should submit them as soon as possible and noted
they will be more voluminous than in the past. The Capital
Improvement Program will be on the agenda before long, a
test of the program...seeing how it fits into the budgeting
process.
Mr. Crutcher reported on several meetings he attended with
the main concern discussed relating to "downtown cruising"
and the affect it has on the community. Mr. Crutcher
thanked Mr. Colvin for helping to resolve a speeding problem
on the east side, along with the help of the Bremerton
Police Department. Mr. Crutcher noted that a street was
recently named after Loxie Egan for his contribution to the
community and Mr. Crutcher hoped that some day a street in
the City of Bremerton will be named for Martin Luther King,
Jr.
Mrs. Horton attended an Open House at the Senior Center and
was impressed with the many talented people who had their
arts and crafts on display/sale.
Mr. Horning reported that as Mayor Pro Tem he was involved
with naming a temporary replacement for Chief Coney, who was
taken ill and is in the hospital. Mr. Homing noted that
Chief Coney was doing well, however he would be taking a
couple weeks off to recuperate.
Mr. Waibel attended the Armed Forces Parade and noted how
lucky everyone was for a bright and sunny day. Also, he too
noted the excellent culinary efforts in the baked bean/corn
bread contest.
PUBLIC RECOGNITION
Bill Brought, Attorney, 74?6 Woodridge Lane NW, stated that
due to another commitment he would be unable to attend the
portion of the meeting relating to business licenses,
therefore, he wished to pass out a letter stating his
concern on the issue relating to taxicab regulating
requirements.
Deputy City Clerk Gil Johnson read into the record a letter
received from Andrew Parypa, 1122 Hayward Avenue, relating
to the City's emergency ordinance regulating spraying of
caterpillars. Mr. Parypa felt the 12 ft., height
restriction was confusing and pointed out that a private
property owner could spray caterpillar infestations at any
height. President Waibel requested City Attorney, Ian
Sievers, respond to Mr. Parypa's concern.
6A - ORDINANCE (FIRST ~R~DING) CONSOLIDATING UNIFOP~M
REQUIREMENTS AND REVISING PROVISIONS OF REGULATORY LICENSES,
#AB88-137
Title 5 of the Bremerton Municipal Code, Business Licenses
and Regulations, was revised to include a general provision
section that establishes uniform application and operation
requirements for all regulatory licenses. Also, several
regulatory license ordinances are updated with regards to
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insurance requirements, application procedures and license
fees.
Paula Johnston, Business License Inspector, briefly
explained what comprised a regulatory license, noting that
the City has approximately 24 different business enterprises
or activities that they feel are extraordinary enough in
public welfare impact that they deem to regulate on an
administrative level through regulatory licensing. These
regulatory licenses are to protect the health, safety,
morals and general welfare of the citizens of Bremerton.
The purpose of these licenses is not to generate revenue but
must bear a reasonable relationship to the activity. What
is presented is basically all of Title 5 that involves
regulatory licenses. It was determined that it would be in
the best interest of the City to add some conformity to how
the City asks people to apply, the grounds for revocation or
suspension, and basic operating procedures, therefore, a
general provision was developed for all ordinance at the
beginning of Title 5.
Ms. Johnson pointed out three major changes in Title 5:
including a General Provision; (2) fee structure increased -
the reason being that administrative costs have gone up in
the enforcement process; (3) spelled out insurance
requirements (some ordinances already included insurance
provisions but on an administrative level) and the amount
of proposed coverage to place and hold is $500,000. Ms.
Johnson highlighted several sections as follows: Section
3 -Pawnbrokers and Secondhand Dealers - antiques were
removed from this section (in recent years other cities have
taken similar action). Recommended changes include raising
fees from $50.00 per year to $100.OO per year for secondhand
dealers and pawnbrokers. This ordinance details quite
heavily records keeping procedures that secondhand dealers
and pawnbrokers have to engage in in order to try and handle
the movement of stolen property. Section 6 - Charitable
Solicitation - this is a new section and helps license the
professional fund raiser who runs a boilermaker operation
and hold them accountable. The State of Washington in the
past two years have also tried to make them accountable.
These are promoters who use non-profit names in order to
induce the public, usually over the phone , to buy a ticket
or coupon book or win a free trip. Bremerton has been the
target of three fraudulent campaigns within the past three
years. Proposed changes include requirements by the state
and verification of state registration. Section 17 -
Taxicabs - Previously Council had requested to be taken out
of the hearing process for taxicab licenses. One of the
changes made to this section removes Council from the
process and places it under the City Clerk so that it is
strickly an administrative application process. Also, one
word was changed in the application process relating to
"color" so that it now reads "Color and (not "or") insignia
be declared on the application". This change was
recommended due to recent confusion of colors between taxi
cab companies. And, the insurance requirement was raised to
be uniform with the rest of the provision in Title 5 to
$500,000, bodily in3ury and property damage. Previously it
was $100,000/per person or $300,000 per accident and $50,000
for property damage. It is felt that if the City is going
to regulate this business the City has an obligation to
protect the public and patrons who ride in the taxicabs.
Section 18 - Security Officers - Previously the renewal fee
was $5.00 which did not cover administrative costs,
therefore, a fee of $25.00 is being
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recommended. Also, insurance requirements was raised to
$500,000 making it comprehensive liability. Section 21 -
Massaqe Parlors & Related Businesses - this section was
totally revamped. This is an area that is a constant source
of code violation, especially in licensing. There are many
establishments in the City who simply do not care that there
is a license requirement. They continue to have unlicensed
masseuse in the establishment, as well as potential activity
that can't be addressed in a regulatory ordinance. The
proposed ordinance spells out very clearly what is lawful
and what is unlawful. Fees for massage parlors have been
increased drastically from $200/year to $500.00. This is
directly related to regulatory enforcement. There is also
an insurance requirement which is required to protect the
public and patrons. Section 22 - Erotic Dance Studios -
Fees for license is increased to $500/yr., to cover
regulatory enforcement costs (currently there is none in the
City, however, it is felt that if there were operations of
this type that it would be costly to enforce established
regulations.
Peggy Lesser, Risk Manager, briefly outlined the need for
the suggested increase in insurance for taxicabs, noting
that in the event of an accident at this time insurance
requirements are only $300,000 per accident. If one person
is in3ured in a taxicab accent they are only insured for
$100,000 and at todays costs this is not sufficient. The
Security Guard requirement is at the same level and is a
comprehensive liability providing for all sources of
liability that normally can be insured and is the standard
recommended by the industry.
Bob Maesner, Arrow Cab Owner, 2228 Navy Yard Highway,
expressed concern over the additional insurance coverage
being considered and is finding it difficult to find a
company that will provide coverage in that amount. He
pointed out that the State does not require insurance at the
$500,000 level. Mr. Maesner provided a letter from his
Insurance Company, Farron Insurance Brokers, in support of
his concern.
Ralph Schumman, Olympic Ambulance, stated that the owner of
Olympic Ambulance was out-of-town and due to the short
notice had not had the opportunity to prepare a response
from Olympic Ambulance. Mr. Schumman suggested that this
issue be directed to the Ambulance Advisory Committee for
review.
Betty Buell, requested clarification on the discussion
relating to garage sales. Mr. Johnson explained that the
length of time that a garage sale may be held changed from
24 hours to 72 hours and only two garage sales per year.
Bud Keester from BBD's 330 N. Callow, expressed concern
over the 100% increase in fees, difficulty in licensing
street vendors, on going garage sales and established
businesses selling second hand items without a license to do
SO.
Rich Boqgess, Merchants Patrol Security Service, stated he
did not have a problem obtaining the $500,000 insurance
coverage but cautioned the City to go after businesses that
are doing similar type business in the area but who are not
licensed.
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Ms. Johnston stated that all security guard companies that
are operating in Bremerton are licensed and have provided a
certificate of insurance. There are some companies that
are in the application process at this time and
certification has not been obtain yet. In the area of
garage sales, citizens do call in and report people running
garage sales for longer periods of time and as a follow up
the Business License Department conducts an investigation.
Temporary merchants - the proposal before Council does not
include a change in fee for the temporary merchant, however,
Council may want to consider a change. Currently there is a
furniture merchant set up along side the road and because of
that several local furniture store owners in that area have
called and expressed concern that their volume of customers
has decreased. If it is important to the City to regulate
who can and cannot sell goods in the City, a higher business
license fee may be appropriate. The City of Tacoma
currently charges $200/day for temporary merchants...the
City is asking $50.00 for SO days.
Mr. Crutcher suggested that due to the complexity of the
issue that it be tabled and reviewed at a Study Session. He
requested that a comparison be made between what the City of
Bremerton is proposing and what the 10 top Cities in the
State do in this same area.
Mr. Hornin~ raised a question under Section 21, "what if
someone is doing massage within a medical office or
chiropractor's office"? Ms. Johnston stated that under the
definition of Massage Parlor in the proposed ordinance if a
massage therapist shares or rents from a chiropractor or
doctor but they remain an independent contractor they are
exempt from this new ordinance. As the law stands today,
they are treated as massage parlors. Mr. Horninq questioned
about other businesses, such as gymnasiums having a massage
service must they be licensed? Ms. Johnston stated
gymnasiums must be licensed but beauty salons do not. Mr.
Horninq stated he felt that area needed more thought and he
also supported the suggestion that the issue of insurance
for ambulances be referred to the Ambulance Advisory
Committee. Mr. Horninq supported taking this issue to a
Stu4y Session for future review.
Mr. Johnson commended Ms. Johnston for undertaking a large
task and doing an excellent job tying it all together. Mr.
Johnson questioned if Bremerton Main Street had been
contacted for comment regarding the section on sidewalk
vendors? Ms. Johnston stated no they had not been
contacted, she did note that there had not been any changes
in the ordinance except for inclusion of the General
Provision and the insurance requirements were identified
more clearly. Mr. Johnson supported the suggestion of
increasing the temporary merchants license fee structure.
Also, Mr. Johnson noted that card rooms were not included
and questioned why they were excluded? Ms. Johnston stated
that the City does not regulate gambling activities, this is
handled through the Gambling Commission. The City does tax
gambling type businesses. Mr. Johnson supported discussing
this issue at a Study Session and requested additional
information on taxicab insurance requirements to be
presented at that time.
Mr. Collins expressed concern that the City should make the
license fee for a massage parlor higher to help defer the
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cost of enforcement. Ms. Johnston pointed out that the
proposed ordinance clearly identifies who can and who cannot
give massages in massage parlors...so there is no question
who has to be there at all times and what is allowable.
Mr. 0verson pointed out that Kitsap Way is bordered by the
County and the City should be in alignment with them. Ms.
Johnston explained that the area in question is just a small
spot and there are larger and more areas available within
the City area. Mr. Overson did not necessarily support any
increase in insurance due to it going to attorneys in many
instances.
Mrs. Horton questioned whether or not the proposed
ordinance clearly defines what a charitable organization is
and is it based on "non-profit" status. Ms. Johnston
explained that historically charitable organization have
been treated in licensing as those organizations who have
501C3 IRS Tax Exemption. The proposed ordinance follows the
State's definition and State guidelines for charitable
organizations. Mrs. Horton pointed out there is a
difference between State and Federal non-profit status. Ms.
Johnston explained that an organization does not have to
have a Federal non-profit status to meet the requirements
for a State non-profit status. Mrs. Horton questioned the
percentage of profit allowed for the promoter and supported
raising the amount that is earned by the charity. Ms.
Johnston stated she would study this further. Mr. Dawkins
questioned if the County had similar rules covering this
issue? Ms. Johnston stated no - only permitting required is
for a home occupation permit which is $95.00 per year.
#2645 M/S/C/U(Crutcher/Colvin) to table this item indefinitely.
President Waibel announced that this item will be given
further review at Council Study Session scheduled for June
6.
6B - RESOLUTION ~2215, FINAL PLAT APPROVAL OF EAST TOWNE
CENTER~ 4900 WHEATON WAY~ #AB88-137
Clare's Marsh Associates, proponents for the East Towne
Center Subdivision, received preliminary plat approval on
May 2?, 1987. As stated by State Law and as a condition of
the preliminary plat, the applicant is applying for final
plat approval within three (3) years. The City Council as
the legislative authority, grants final plat approval prior
to filing and recording with the County Auditor.
Jack Allingham, Planning, stated that as part of the
preliminary plat approval the following conditions were set
forth:
(1) Easement, covenants and restrictions recorded under
Kitsap County Auditor's file No.1 8612100130 and 8605150151
are shown in the "NOTE" on the right side of Sheet i of 3 f
the plat;
(2) The applicant has submitted a final plat for review
within three years of the preliminary plat approved in 1987.
(3) All ordinances, documents and plats relating to earlier
approval are binding, including:
(a) Ordinance #335? adopted March 30, 1977
containing 5 conditions and remains in affect.
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(b) Ordinance #3637 adopted May 12, 1981 containing
5 conditions and is still a valid ordinance.
(c) Covenants and restrictions of short plat recorded
5/5/86 with Kitsap County Auditor.
(d) Final Environmental Impact Statement adopted
with addenda May 6, 1986, by the City of
Bremerton.
(e) Eight building permits approved to date -
with two Certificates of Occupancy pending.
Mr. Allin~ham pointed out that the plat is essentially one
site, platting of five lots, with lots 1 and 2 separated
from lots 3,4,5 from an earlier short plat of lot 3. Staff
is recommending approval of this situation - that the site
is one well defined site as East Towne Center complex and
that the recording will not end in any confusion.
Allan Todd, Pazookie & McMenamin Engineers representing the
applicant, stated staff comments have been reviewed and
they are in agreement.
#3049 M/S/C/U(Collins/Horning) to approve Resolution #2215,
accepting final platting of the East Towne Center Plat.
With no further business meeting adjourned at 6:55 p.m.
KA~HLEEN L. MC~LUSKEY, CITY CLERK
APPROVED
HANK WAIBEL, Council President
City of Bremerton
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