BRIER CITY COUNCIL MINUTES
August 13, 2019
Mayor
Colinas called the regular Brier City Council Meeting to order at 7:00 PM and
the flag salute was given.
Roll Call:
Present: Mayor Colinas, Councilmembers Gallagher, Joplin,
Krienke, Nick, Steele and Thorpe.
Absent: Councilmember Kaemingk.
Staff: Clerk-Treasurer Swisher, Planner Flathman and Chief
Catlett. City Attorney Dawn Reitan.
Public Requests & Oral Communications:
Marilyn
Joplin, Brier, was disappointed that we did not have National Night Out and
would like to see it next year.
Reports of Committees & City Officials:
Councilmember
Steele reviewed claim checks over the weekend.
Councilmember
Thorpe reminded everyone that tomorrow evening is SeaScare.
Approval of Minutes:
Mayor Colinas opened for consideration approval of the
Brier City Council Minutes of July 23, 2019. Motion: Approve the Brier
City Council Minutes of July 23, 2019. Moved
by Councilmember Nick, Seconded by Councilmember Steele. Motion Carried.
Hearing:
Mayor
Colinas began consideration of the Home Occupation License No. BR19-061, 2A
Solutions, LLC by Dan Allen located at 23569 27th Pl W. City Planner
Flathman gave a brief overview of the application and conditions.
Mayor
Colinas called for a recess at 7:27 PM for copies of the public comments to be
made. The meeting resumed at 7:33 PM.
Dan
Allen, the applicant, spoke to the council and audience regarding his business
application.
Mayor
Colinas opened the Public Hearing at 7:39 PM.
Marilyn
Joplin, Brier, has no legal objection it is just emotional and she doesn't
believe that we need any further guns being transferred.
Jim
Grigsby, Brier, is opposed to the issuing of a permit to handle the transfer of
firearms in a residential neighborhood.
Elaine
Sivey, Brier, read the application and the 3 transfers per week seems a little
low; what will the impact on the Brier Police Department will be for the
background checks; if used firearms are being shipped to the seller via FedEx
they don't always ring the doorbell to alert the owner that the package has
arrived, will the owner have liability insurance to cover firearms lost or
stolen.
Anna
Latham, Brier, is strongly opposed to the issuance of a firearms dealer, a
residential neighborhood is not appropriate. A petition has been circulated and
she has submitted it.
Patricia
Winn, Brier, has lived here 33 years and has never been to any other meeting
and she is very opposed to this business. She has multiple family members who
live here in the city. She has a police officer in her family, he loves the
activity of being a police officer and she does not want that kind of activity
in Brier.
Craig
Harris, Brier, read the email he sent to Mayor Colinas into the record. He
likens the fireworks code to the idea that the firearms code should be
stricter.
James
James, Brier, lives on a street with five businesses. You wouldn't know it
unless someone told you. This business will not be any different.
Sean
Williams, Brier, has heard a lot of emotional responses about this business,
there have been a lot of gun sales handled within your community without your
knowledge. We are talking about a responsible individual who came forward to do
the right thing. This
is a normal activity in a normal neighborhood.
Kevin
Davis, Brier, appreciates the research by the City Planner to make sure that
the business meets the criteria. He appreciates that the applicant came forward
and did the process legally.
Joseph
Rae, Brier, has heard a lot of people not understanding the process. He
explained the paperwork process in the exchange of a firearm through a Federal Firearms
License (FFL) dealer. He is not opposed to this gentleman having a business in
this community.
Jon
Rasmussen, Brier, a lot of what he has heard in the community is that people
don't understand the background check that the Federal Government puts you
through to obtain an FFL license.
Greg
Gillis, Brier, is 100% opposed to this being approved. He has no doubt that the
applicant is responsible and that he meets all the criteria. This home is
within just a few doors of his home.
Sam
Ames, Brier, thinks it is fair to have concerns about things that you aren't
sure about. We have to have faith and trust in the applicant to process the
small amount of transfers per week listed in his application and faith in the
people who receive those firearms. This will be close to where her child
catches the bus each day. How will the City reinforce what he is doing and how
will the public know that he is following those regulations?
Allyson
Templeton, Brier, was born and raised in Brier, went away to college and came
back to live in Brier. Brier is known for being super strict and it seems
insane to her that we are considering to approve this business. This is not
something we need. She urged the Council to decline this petition.
Nicholas
Lenning, Brier, is familiar with the rules and regulations to receive an FFL,
he is strongly opposed to this kind of commercial activity within 200 feet of a
school bus stop.
Natalie
Johnson, Kenmore, her daughter goes to her best friend's house and is dropped
off at the bus stop right next door to where this business would be located.
There is no need for additional gun activity especially in Brier. She strongly
opposes this business.
Weston
Herbert, Brier, is confused about the report that says there will be online
sales but no retail sales at the residence. He feels that the fact that people
will go where they believe there is money to steal. In a community like this
and a business like this placed next to a bus stop is not an appropriate place
for this type of business.
David
Marley, Brier, drives to work every day and wonders how these crazy drivers get
their license. He knows that there is a legal process that these people have
followed to get their license and we should not deny this business as it meets
the legal criteria.
Hunter
Hendrickson, Brier, is trying to be objective and he understands that it meets
the legal criteria but this is an emotional issue and it effects people and has
impacts beyond what we can see.
Greg
Gillis, Brier, stated that a gentleman said this meets our criteria but this
isn't in a business area and that this should be 100% no.
Mayor
Colinas asked Chief Catlett about the concealed pistol license process. In
addition he had the Chief respond to how the pistol transfer process is
handled. He asked Planner Flathman if the application meets the criteria and
asked City Attorney Reitan for her comments on the process and consideration.
Mayor
Colinas gave the applicant an opportunity to rebut any testimony.
Mayor
Colinas closed the Public Hearing at 8:30 PM.
Councilmember
Nick stated that they are to vote based on the law or code not based on
emotion.
Councilmember
Gallagher said it sounds like the workload of the police department is not
impacted by this business; it is by who in town purchases weapons. How will the
applicant address the parcels being left at his address, he also asked the
applicant's security measures that are in place. The ATF has already been to
his home to verify his security measures.
Councilmember
Steele asked if the application is a conditional use permit. She read portions
of the application and the staff report that she questions the used gun sales
mentioned.
Councilmember
Joplin stated that we have a municipal code to keep us from making arbitrary
decisions. If we follow the criteria we would approve this application. The way
to change this is to change the code not deny the application.
Councilmember
Thorpe reminded everyone that we all have to live together and get along. If
you want to see changes get involved and volunteer.
Mayor
Colinas asked for a motion regarding the application. Motion: Approve
Home Occupation License No. BR19-061, 2A Solutions, LLC by Dan Allen located at
23569 27th Pl W. with the conditions outlined in the staff report
and as it meets all criteria. Moved by Councilmember Krienke, Seconded
by Councilmember Gallagher. Motion Carried.
Mayor
Colinas recessed for 2 minutes at 8:47 PM. Council returned from recess at 8:53
PM.
Mayor
Colinas opened for consideration of the Home Occupation License No. BR19-062, Rafel
Childcare by Albadri Rafal located at 2937 216th St SW. City Planner
Flathman gave a brief overview of the application. The applicant gave a short
description of why and how they will run the business.
Mayor
Colinas opened the Public Hearing at 8:57 PM. The Public Hearing was closed at
8:58 PM.
Councilmember
Gallagher asked about if there would be any issues with parking issues at peak
times.
Motion: Approve Home Occupation License No. BR19-062, Rafel
Childcare by Albadri Rafal located at 2937 216th St SW. with
conditions as outlined in the staff report. Moved by Councilmember
Thorpe, Seconded by Councilmember Joplin. Motion Carried.
Miscellaneous Business by Call of Councilmembers & City Officials:
Mayor
Colinas stated that he has reappointed David Marley to the Planning Commission
position #3. Motion: Confirm David Marley to position #3 of the Planning
Commision. Moved by Councilmember Thorpe, Seconded by Councilmember
Joplin. Motion Carried.
Mayor
Colinas stated he has no business for the workshop meeting of August 20, 2019. Motion:
Cancel the Council workshop meeting of August 20, 2019. Moved by
Councilmember Gallagher, Seconded by Councilmember Steele. Motion
Carried.
Auditing of Accounts:
Mayor Colinas opened for consideration approval of the
July 2109 Payroll Checks.
Motion:
Approve the July 2019 Payrolls Checks No. 40822 and 40853, Checks No. 40886
through No. 40891 and EFT transactions in the amount of $191,160.96. Moved
by Councilmember Steele, Seconded by Councilmember Nick.Motion Carried.
Mayor Colinas opened for consideration approval of the
July 2019 Claim Checks. Motion: Approve
the July 2019 Claim Checks No. 40881 through No. 40885 and Checks No. 40892
through No. 40932 in the amount of $47,320.14. Moved
by Councilmember Steele, Seconded by Councilmember Gallagher. Motion
Carried.
Adjournment
Mayor Colinas declared the meeting adjourned at 9:09
PM.
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