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HomeMy WebLinkAbout02/16/83Tap~ 291 Unapproved Side II Minut~b~ #2563 CITY COUNCIL MEETING MINUTES February 16, 1983 Regular meeting of the City Council of the City of Bremerton, Washington, was held in the Council Chambers, 239 Fourth St., Bremerton, Washington, Wednesday, February 16, 1983, at 5:30 p.m. with Council President Anderson presiding. Those present were: E. L. Sturdivant Spencer Horning Clyde Pachek Roy Mosely Art Anderson Phil Drouin Bill Amo Jim Adrian Russell johnson Mayor Dawkins City Attorney Broughton City Clerk McCluskey The meeting opened with the Pledge of Allegiance and the invocation was given by Clyde Pachek. INFORMATION ITEMS A. Harry V. Johnston, 1007 Hewitt Avenue - claim for damages due to sewer backup. This has been sent to the Department and Insurance Company. B. Letter read into the minutes from Thurman W. Lowarts, attorney for Bremerton-Kitsap County Housing Authority. The letter indicated that the City's letter of termination was considered and the Board recommended to their respective governmental bodies that the requirements of Section 7 of Bremerton Ordinance No. 3680 be waived. And, no further court action will be forthcoming. CLAIMS AND VOUCHERS Vouchers audited and certified by the auditing officer as required by RCW 42.24.090, have been recorded on a listing which has been made available to the Council. Motion by B. Amo and E.L. Sturdivant as of this date, the Council, does approve for payment Special Warrant #8512 in the amount of $90.75 and Regular Warrant Register encompassing #08517 through 08621 in the amount of $137,306.12, carried unanimously. MAYOR'S REPORT Spring Clean up - we are looking into having this again this year, more details later. We hope to coordinate with several of the service clubs in the area. Finger printing of children - we are looking into the possibility of starting a "children finger printing program" for the City of Bremerton and will be talking with school officials soon. The finger printing would take place when children first start school and the parents would be the holders of the prints taken. The Pol ice Department would assist with this program. Attended the AWC meeting in Olympia and had the opportunity to tal~ with other Mayors and Council members and met with some of our legislators. ATTORNEY'S REPORT Will be needing an Executive Session to discuss Gold Mountain litigation. It is important that the City Council establish a committee to deal with districting more evenly the 9 districte. Bill Amo indicated that he was I, of the understanding that they were already so designated. Bill Broughton expressed need to consider size of precincts to help determine the evenness of the districts and to present a recommendation to the County Auditor. PUBLIC RECOGNITION Ed Okerman, lO15 Hanford, wanted the Council to know that he thinks they are doing a good job. Evelyn Hetrick, 1511 Alaska SE, Port Orchard, indicated she was speaking for Charlotte Carson who is a resident of Bremerton. She asked if there was a possibility to have a curfew for minors under age 16. She felt with a curfew it would give the police more power in dealing with these youths in areas which she feels are unsafe, such as Arcade on Washington Street and general area downtown. Bill Broughton, City Attorney, indicated he was contacted by Ms. Carson. My opinion is based on the State Legislatures Juvenile Justice Act of 1977, which basically emancipates and holds them accountable for their actions. I can respond in detail and present an opinion in writing if Council desires. Mrs. Hetrick-expressed her concern was basically for only certain areas which she feels are dangerous and shouldn't we, through the Child Protection Law, be responsible for their safety. Page Two PUBLIC R~OGI~I~I&ON CONT. Chief Christensen said the only thing he can see happen when juveniles mix with adults fS that it causes the juveniles problems. Presently we can only remove them from an area if there is a criminal act. As the law reads they are treated the same as adults. The ages we are talking about range from 12-14 year olds. E.L. Sturdivant - Chief Christensen do we have a loitering law? Chief Christensen - no it is unconstitutional. B. Amo, can we check and see what other cities are doing? Art Anderson, I think we need more research and see what we can do. Russ Johnson, I'd like to hear what our options are, if any. B.Broughton, suggested that contact be made with the State Legislators and representatives. Michael Hudson, 107 Broad Street, I want to address the City Council as a parent who has been very involved with this problem with my own child. The Chief of Police is wrong regarding the age span - I have seen children as young as 7-8 years old walking the streets at 1-2 AM. I believe any city that allows this iS wrong. I urge you to pl ease try and do something. Mayor Dawkins, there is a city in Oregon that has reinstituted a curfew law and since its adoption they have reported crime rate has dropped. Sara Keng, ll06 Lincoln, I personally saw 15 year olds soliciting in front of J.C. Penneys. I was a Bellringer for the Salvation Army during the Christmas holidays and had the opportunity to see this happen. I have also witnessed girls soliciting on corners and in arcade at 3-4 AM. I have children and I don't mind them going to the arcade during decent hours. They should not be in areas where there are alcoholics. Ruth Davie, 1511 Park Avenue. Gentlemen - where there is a will there is a way. Mary Lou Long, 2433 E. Phi nney Bay Drive, While in Olympia I researched a law regarding the SEPA standards. Concernihg the EIS Statement that CH2M Hill had provided the City for evaluation of their project and under the guidelines for the EPA they were suppose to submit information that would relate to the utilities - sewer system. I found on file a former application by Mr. Gary Sexton, former Attorney of City of Bremerton, an answer' to the question- "will th~ proposa) result in a heed for a new sewage system or alterations to the following utilities: he indicated "maybe" here instead of yes or no. I wonder how many other applicatants for the sewer system did the same thing. I wonder if the paper work that CH2M Hill had submitted td the former council wasn't somewhat falsified or not properly addressed. I really question if CH2M Hill had evaluated on their EIS statement the social and economic repercussions that their proposal, their plan and the funding mode and everything was going to have on the citizens of Bremerton. In fact, the EIS statement should be looked at very closely. Phil Drouin. Mary Lou is i t possible for us to have a copy so we can look into this. Mary Lou Long, I'll leave copies of these documents with the appropriate references. ORDINANCES/RESOLUTIONS Second reading of an Ordinance amending Ordinance No. 3529, SVIII, F, to prohibit carrying a pistol in a tavern. B. Amo. read into the minutes a letter he received, as did all the council members, from the Second Amendment Foundation regarding the proposed ban on carrying firearms in bars, taverns and other establishments which serve alcohol. ~heir position is against the adoption of this ordinance as amended. City Clerk read Gun Control Ordinance into the record. Mark Challender, Projects Di rector of Citizens Conmnittee For The Right To Keep And Bear Arms, the ordinance will discriminate against the CCW permit holders. They!number only 3% of your entire population of the City of Bremerton. Want you to know the CCW permit which is prescribed by the State and allows the carrying of a concealed weapon anywhere in the state precludes the City of Bremerton from enacting any such law. City Council Meeting Minutes February 16, 1983 P&!)e Three Ordinances/Resolutions Cont. Mark Challender, I am speaking for concealed weapons permits for hand guns. We are objecting to the inclusion in your Ordinance of all CCW permit holders and the revocation in your ordinance that the CCW is no longer valid in the City of Bremerton if a person wishes to carry it into a tavern or other establishment which serves alcohol. !DO R. Mosely, is your organization affiliated with Citizens Committee for the Right to Keep and Bear Arms? Mark Challender, I am project manager for that organization. R. Mosely, what are these organizations doing to cities who have a ban on guns completely. Mark Challender, presently we are lobbying against these laws. R. Mosely, do you think a tavern is a good place to carry a gun? Mark Challender, if a person who has gone through a thorough background check, ~hich a CCW holder must do, he has earned that right. Phil Drouin, do you believe alcohol and guns mix? Mark Challender, That is a vague question. Russ Johnson, we have heard conflicting reports on the length of time it takes to get a background check on CCW permit holders maybe the ~hief of Police can give us his opinion on this. Chief Christensen, we are required to issue a permit within 30 days from the time of application. We are not getting background checks done anywhere near that time. The FBI is backlogged 60-90 days. We can pull it later on but finding'them is a problem. Mark Challender, there is a bill presently in front of the State Legislator which I think will address this question. State law does say it shall be issued within 30 days. There have been some ideas to allow the police chief to issue a temporary license i~ the background check has been completed. We are lobbying the legislators to have this question addressed. Chief Christensen, there is also legislation in Olympia to eliminate people drinking and using hand guns. E.L. Sturdivant, my questions is has anyone who has a permit to carry a CCW been stopped for DWI? Chief's response - yes. E. Studivant pointed out he did not see why "law abiding citizens" would want to take a gun into a tavern. Bill Garrison,Research Director of the Second Amendment Foundation, discussed constitutional rights of citizens to carry fire arms, quoting current RCW's. 08 We ask that you delay any action until our lawsuit has been resolved in the courts. He restated the time frame in which a permit must,by state law, be issued. Roy Mosely, is your organization presently lobbying for a change to help the police departments who are having problems. Bill Garrison, as we are a non-profit organization we cannot lobby, however we do act as witnesses and give testimony on how legislation may have inpact on an individual. E. Studivant, I understand this law has been challenged in Renton and in the appellate court. Since filing a restrainer it has been about 2 years. Bill Garrison stated, a little over a year. Phil Drouin, I too received a letter from Second Amendment Foundation delivererd by a Process Server. What do you mean by Congressional Advisor~ Mr. Gar isoQ s~at d they are aware of overall dperations and have lent their name to 6ur g eraT prlnc~pafs. en He felt the manner in which the letter was sent was most expedient. B. Amo, I'd like to say these gentlemen in these organizations serve a vital function. I don't happen to agree to the letter and your view in regard to this ordinance but I do see you serve a very necessary.function. Ed Okerman, lO15, Hanford, do I understand the ordinance prevents guns being brought into the tavern but the employees can? Chief Christensen, the owner has that right. Mr. Okerman related a situation where a relative was injured by a employee using a weapon during an agrument (an accidential situation) C| Ly buunu~ I lt~[,~lt~J Mlnuc~3 Februlry 16, 1 983 Page Four Ruth Davie, 15ll Park, possibly we are approaching this wrong - we should have a law where everyone should carry a gun and then we wouldn't worry about a concealed weapon. Mark Challender, there is a city in Kansas that did pass such a law. Their crime rate did drop. Burt Gegner, 934 Washington, discussed his personal experience as a naturalized citizen and the/~nerican rights which we uphold as our "freedoms". He felt this ordinance is infringing on his A~nerican rights as a citizen. I'm going to fight it. Roy Mosely, want you to understand that this subject was brought up not by the City Council but by Police Chief. This is why we are having the hearing. B. Gegner stated it may be the first time all Councilmen have voted unanimously on a controvercial issue and hope that you are not voting such just because the Police Chief asked for it. Mary Lou Long, 2433 E. Phinney Bay Dr., points out that this is a poor time 'to be worrying about a few citizens carrying guns in taverns when we are faced with a much more significant proposal with the sewer treatment plant and proposed cost to the citizens of Bremerton. Suggest the tavern owners put.in metal detectors like airports use. George Sherman, Poulsbo, people outside the City who travel through Bremerton will be affected too. Government has declared the right to bear arms. I feel that this will create a prgblem where there is a dining room area along with cocktail lounge facilities - trying to restrict being in one or the other with a concealed weapon (using Denny's as an example). The problem seems to be aiming legislation at the problem of excessive consumption of alcohol rather than being in the presence of alcohol as the ordinance deals with it now. Terry Bow, 1930 Snyder, suggests an ordinance removing a license/permit of anyone who has had to much alcohol. 4202 Motion by Phil Drouin and Russ Johnson to pass on second reading; An Ordinance amending Ordinance No. 3529 VIII, F, to prohibit carrying a pistol in a tavern, carried unanimously. REZONES City"T{F'~Terk read request to rezone from R-2 to B-3. Applicants David Loop and Brent Anderson. Purpose is to locate an insurance company print shop and storage in a building at 410 6th Street, which is the former KC~J~ Alcoholic Center. Recon~nendation was conditional approval to B-2 with a vote of 5-0. No correspondence has been received. Kay Wilson gave an over view of proposed request. Proposing no access from 6th Street and will access from Pleasant Street. They will not be accepting outside orders, just servicing their insurance company. Smith Neighborhood Association took vote not to resist this proposal. They did express B-2 would be more appropriate. Additional parking would be available through rented parking spaces. A lengthy discussion followed regarding renting parking from adjacent apartment house and if this can be done legally, not giving up necessary parking for their tenants. The Planning staff had not reviewed this question. 5024 E. Sturdivant - the proposal indicates the limited function of this business use and they do have 3 parking spaces to cover the employee and service parking. Art Anderson, isn't there more control keeping it to a B-2 zoning than if it were B-3. Kay responded - yes. However, if you give them a B-3 they can be given restrictions as to use. Spencer Horning asked about the immediate zoning next to it. Kay indicated R-2. Mr. Amo expressed his disapproval of giving this a rezone as it would detract from the residential zoning and feels this is a good breaking point from business. Jim Adrian feels building in question will lend itself best to business use and if not granted it will just sit idle. E. Sturdivant expressed that its location is 75 'feet from a very busy business intersection. Motion by E. Sturdivant and Phil Drouin to grant approval with conditions for using the building located at 410 6th Street, changing from R-2 to B-2, to be used for print shop and storage with consitions so stated in Planning Commissions Resolution 688 (attached), with the exception of "Parking shall be provided adjacent to the site ~._~[In~d~?~_b.~ St~utory, Warr~nt~ Deed {recorded 12/29/80 with Kitsap County", February 16, 1983 Pa~)e Five ~03 lO HEARINGS CONTINUED Request by the Bremerton Planning Commission to amend various providions of Bremerton's Zoning Ordinance. The purpose is to bring the zoning text in conformance with the change of government from the 3 Commission to 9 Council members. This requires public hearings like rezones ~to change the ordinance: Exhibit A 1. CHange all references to "City Commission" to "City Council" 2. Add a definition: City Council or Council 3. Add "City Council" to Section 1102(4) which now provides that only the Planning Conmnission observe certain requirements in regard to notice of public hearings. 4. Change Section 1200 to change the last several phrases which indicate the level of favorable voting which the City Council must attain to alter or change a Planning Commission ruling. Some alternatives are: a. Provided a majority of the City Council vote in favor, or b. Provided a majority of a quorum of the City Council vote in favor, or c. Provided at least member of City Council vote in favor. (This figure is sometimesp"~ced above a simple 51% to ensure a strong judgement for a particular course of action), or d. Provided that a majority of the Council members present vote in favor... Discussion on item 4c presented a problem in making an immediate decision. Bill hno brought out that Item 4 gives the Planning Commission more power than the City Council because they vote on a majority of those present, they are requi ring 5 affirmative votes to overrule them Motion by Jim Adrian and Bill ~ that this item be tabled until we can meet in executive session with our attorney. carried unanimously. ORDINANCE/MASSAGE PARLOR, FIRST READING. Bill Broughton, City Attorney, our previous ordinance is being challenged in the courts and hearing date will be in about six months. Working with the Chief of Police we have now drafted a new Ordinance that we are asking Council to act on. Jim Adrian asked what effect this new ordinance will have on the one that is being challenged. B. Broughted is of the opinion that it will make moot the existing challenge to the old ordinance. Chief Christensen previous ordinance was poorly worded. He outlined tha areas covered in this new ordinance which will help monitor the massage parlor businesses. These changes should eliminate numerous problems, such as prostitution in these areas - giving a more controled environment. Keeping.the front entrance door clear and visible, operating hours 8:00 AM to lO:O0 PM., and record keeping in the English language will allow better inspection and control. The cite needs a verypositive tool at its disposal to eliminate the possiblity of a corrupt system. What we are asking is not unreasonable. Dan Clem, Kitsap County Prosecutor supported the Police Chief's reasons for initiating these changes and feels it would enhance inspection and control of Sauna and Massage parlors. My experience dealing with saunas and massage parlors has identified problems with prostitution, drugs, thefts, rapes, and health hazards. Also, there usually are elements of organized crime and they most definitely exist in this county. I ask that you support this for not only the citizens of Bremerton but also the county. E Sturdivant asked Mr. Clem if he were to come in and set up an operating of sauna, massage parlor would the lO:O0 PM closing time put him out of business? Mr. Clem said he doubted that it would and that the lO:O0 PM closing is a reasonable hour of operation. Activities after lO:O0 PM get into these police matters. Mary Lou Long, 2433 E. Phinney Bay Dr., I urge the Council to support this ordinance. Motion by Roy Mosely and Clyde Pachek to approve the Ordinance providing a comprehensive scheme for the regulation of massage parlors, public bath houses, an~ related business; setting forth licensing provisions; and defining penalities for violation of this ordinance; and repealing Ordinances3648 and 3169 on the First Reading. carried unanimously. RESOLUTIONS i820 February ~6, 1983 Page Six Resolutions Cont. Councilman Phil Drouin withdrew from Council Chambers for this item as he lives in area. ,~otion by Jim Adrian and Clyde Pachek to approve Residential Permit Parking for the 100 Block of Olympic Avenue. carried, 8 affirmative. NEW BUSINESS Memo from Data Processing Department for renewal of service agreement for detection, alarm and Halon Fire Suppression System. The Detection, Alarm and Halon Fire Suppression System is essential for the physical security and proper insurance coverage of our computer hardware. An extension of the attached service agreement for this system is a necessary precaution to insure proper operation of the system in the event of a fire. The one year agreement is at a cost of $548.00, which is unchanged since 1981. Recommendation: That the service agreement be extended through January 22, 1984, and the attached invoice be approved for payment. Art Anderson asked how long we have had this System. City Clerk responsed - about 1981. It was not by bid - it was the only one available for the system at that time. Bill Amo asked if we had checked into other suppliers at that time. City Clerk responded this was only thing availabe at that time for this system. Motion by Roy Mosely and Clyde Pachek that we approve renewal of this agreement, carried unanimously. Mr. Horning suggested that next year we contact other possible vendors. Salmon Enhancement Agreement, this agreement is necessary to insure continued co-operation between the City, Suquamish Tribal Council, State Fisheries and Poggie Club. Bill Duffy asked that the Council delay reviewing this to allow him to study the information. Motion by Jim Adrian and Spencer Horning that this be tabled until Water Department has a chance to review it. carried, 8 affirmative, 1 abstain. Taxi Services to supplement bus service The City has had an agreement with L'Kab Enterprise, Inc., for several years for taxi service for those areas not served by the City buses. This agreement expired December 31, 1982. Request'this be continued on a month to month basis until the PTBA fully takes over the bus operations. This is being reimbursed by the PTBA on a month basis along with other transit costs until final take over. Motion by Bill Amo and E. Sturdivant we approve this request, carried unanimously. REPORTS 6O ~ill AMO, I'd like to thank the public for ~he support they have qiven the new Council. Secogdl~, there was a letter from a neighborhood group supporting'appointment of planning commissioners from within the neighborhood or City. 'Mayor asked COuncil members to go back to Neighborhood groups and get opinions. The question was "should the Planning Commission be comprised of people from neighborhood areas or just inside the City limits". (N~ighborhood areas could include a small portion in the county) ~ Russ Johnson, I certainly concur with the Mayor regarding the Spring Clean up and program for finger printing children. He will have my support on these projects. Phil Drouin, wish to thank the public for attending the public rate hearings. Additional meeting on Feb. 28, 1 & 6 PM. I urge them to come out and voice their opinions. E. Sturdivant, I have received two calls regarding the rate hearings and building proposal and the people more or less implied that it is a fact and I want to assure people that we have not made a decision at this time. Roy Mosely, I have been assigned to the committee on Downtown Redevelopment Task Force and it looks like they are coming along real well with a plan to set up and pay for it. Art Anderson, Clyde Packet is being appointed to the Camp Fire Girls Board of Directors. I felt the evening session went real well and had good public participating. Appreciated their input regardless of what it is. Meeting Adjourned 8:45 P.M. Approv~d: / :;i , Kathleen M. McCluskev. City Clerk PLANNING COMMISSION RESOLUTION NO. 668 LOOP/ANDERSON REZONE: R-2 TO B-2 General Conditions This rezone is subject to the various requirements contained in the Bremerton Area Plan, the Bremerton Zoning Ordinance, the Uniform Building Code and other applicable laws and regulations. It is the responsibility of the developer to assure compliance with applicable provisions contained herein. The site shall be developed essentially the same as the site plan labeled Exhibit "B" except as modified to meet conditions of approval listed herein. Any changes, revisions or additions which constitute a significant departure from the approved site plan shall require approval of the Planning Commission, subject to appeal to the City Council within ten (10) calendar days. Uses allowed at the site shall be restricted to the following: a. The proposed print shop without on-site customer service; b. Business and professional offices; c. Uses allowed in Residential-Two zones. Parking shall be provided as follows: a. Parking shall be provided for each use allowed above per standard zoning ordinance requirements; b. Specifically, three (3) spaces shall be provided for the proposed print shop use, one of which shall be sufficient in size for a small delivery truck; c. All required parking spaces shall be designated for the sole use of the building occupants. An occupancy permit shall be required for any change in use to assure that the above requirements are met.