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02/15/2011 - Work Study - Minutes-Work StudyCity of Port Orchard Council Meeting Minutes Work Study Session of February 15, 2011 1. 7:00p.m. Call to Order Mayor Coppola called the meeting to order at 7:00 p.m. Mayor Pro-Tem John Clauson and Councilmembers Fred Chang, Carolyn Powers, Rob Putaansuu, Jerry Childs, Jim Colebank, and Fred Olin was present. Police Chief Alan Townsend, City Treasurer Allan Martin, Public Works Director Mark Dorsey, Development Director James Weaver, City Clerk Patti Kirkpatrick, Deputy Clerk Brandy Rinearson, and City Attorney Greg Jacoby were also present. 2. Update: Bay Street Pedestrian Pathway Public Works Director Dorsey provided an update indicating that City staff and the Port of Bremerton will be working together to implement the Bay Street Pedestrian Pathway project through an Interlocal Agreement and he would provide a change order to accommodate the cost difference for the new alternative proposed and agreed to by both entities at a future meeting; and will be presenting to the Council at March 8, 2010, meeting the proposed parking lot space swap memorandum of understanding. Council Direction: There was no direction given to staff. 3· Presentation: City Skateboard Park Leslie Reynolds-Taylor, President of the Skateboard Park Association, presented a proposal for a Skateboard Park inside the City limits, and stated the following: • The Association was created to build concrete skate parks and was formed by a BMX/Skate mom; • The Association has been registered as a nonprofit organization since 2007; • They are looking to put in a skateboard park inside City limits, approximately 10,000 sq ft that would include skateboards and bikes; • The Association has raised $30,000 that they feel will be sufficient to pay for said skate park; • This could be a destination park that would be visited by traveling athletes from surrounding counties and states, which will help the local economy through various competitions; • That skate parks are elements of fun for variety of users from age s-so year old and include riding skateboard, bikes, scooters, rollerblades, etc; • Provides a healthy alternative for youths; • For insurance purposes the park needs to be free, and other appropriate signage such as "no bikes allowed", and "helmets required" would help reduce liability to City; • The proposed bowl girth is approx 3,600 to 4,200 square feet, of which they have the funding for now; and in the future would like to increase the footprint to include a street ramp of approximately 5,000 feet; and • The $30,000 funds are not subject to any stipulations. Councilmembers briefly discussed the issue and voiced the following concerns: • Parking is an issue at most of the City's parks and this issue would need to be addressed. February 15, 2011, Work Study Session Minutes Page 2 of4 • It was suggested the Association look to other locations and parks within the City, such as Paul Powers Park, South Kitsap Mall, and Retsil Park. • Noise factors would need to be considered depending upon the location of the facility. Mayor Coppola voiced concerns that the funding raised may be needed for the park being considered by Kitsap County; and requested a letter from Kitsap County Parks and Recreation assuring that the County will not need the Association's funds to build their skate park in Jackson Park. Police Chief Townsend requested that regardless of where the skate park is built that it be visible for natural supervision; which could make it a highly successful park for users of all ages. Council Direction: The Council directed Development Director Weaver and Public Works Director Dorsey to provide the Skateboard Park Association with a check list of what issues need to be resolved before going into the next phase; and to have Dreamland do a presentation at the next Council Work Study Session. 4· Discussion: Tremont Medical Center Mr. Bill Palmer, property owner of the Tremont Medical Center, requested that the Council reconsider its decision to remove the left turn lane on Tremont Street, which he felt hindered future prospective businesses. He voiced concern that putting in a landscaped median down Tremont would require visitors to have to enter into the roundabouts at Kitsap Blvd or Pottery in order to enter/exit his business center, which he stated is detrimental to future tenants. Public Works Director stated, should the Council direct staff to implement the current left turn lane into the roundabout design that it could jeopardize the funding and/ or approval from the Department of Transportation. After a brief discussion, Mr. Palmer asked the Council to consider a partial refund of the monies he paid in 2007, $175,000, if they decide to move forward with eliminating the existing left turn lane. Council Direction: There was no direction given to staff. 5· Update: Festival of Chimes and Lights Councilmember Childs reported that the Economic Development Tourism Committee is working with Ms. Sheila Cline regarding the Jingle Bell Run, which is an event that will be held during the Festival of Chimes and Lights, of which could possibly include closing some City streets for about 2 hours; and Mr. Childs will be showing a writer for 48 Degree's around Port Orchard for an article in a future addition. Council Direction: There was no direction given to staff. 6. Discussion: Medical Marijuana February 15, 2011, Work Study Session Minutes Page 3 of 4 Mr. Robert Wood Jr. and Lori Kent, owners of Mari Meds in Belfair, provided the Council an overview of how their facility operates: • They have been in operating for 3 months; • They are approaching 1,000 patients; • 83% of their patients are 45 years and older; • 63% of their patients are women; • They are educated Dispensary Technicians, who educates the patients on how to take care of their body and help them get off of pain medication comfortably; o They help people overcome their illnesses or cancer; and o They hope legislation will legalize marijuana as it could help with the State's deficit. City Attorney Jacoby provided a brief update of the current law of what is a medical marijuana dispensary and what the state legislature is currently considering and how it may affect the City should it pass and indicated the current law is unclear as to whether it is legal to operate a dispensary. Police Chief Townsend included in the discussion, that under the current law it is illegal to operate such a facility and City police would be required to take action should a facility open up inside the City limits. After a brief discussion, Council came to a consensus that should the law pass clarifying and adopting a licensing system for people to process and dispense medical marijuana as a nonprofit organization, the City should have amended its zoning code to designated said dispensaries could only be located in a certain area. In the meantime, the Council favored an ordinance imposing a moratorium be implemented until the legislators make their decision. Council Direction: Council directed City Attorney Jacoby to draft an ordinance for its consideration that would impose a moratorium on accepting or processing applications, permits or licenses for any building or land use activity involving medical marijuana facilities. 7· Discussion: Hearing Examiner Appeals Councilmember Putaansuu asked the Council to reconsider its decision that land use appeals be appealed to the Council for a ruling versus going to Superior Court, as there would be no financial impact. Council Direction: Council directed Staff to bring forward to a future Work Study Session code amendments that appeals of the Hearing Examiner's decisions would go directly to Superior Court. 8. Discussion: Inattention to Driving Police Chief Townsend asked the Council to consider an ordinance regarding Inattention to Driving, as more of tile proportionate share of the fine would go to the City; and it would give drivers the opportunity to pay the fine outright instead of spending money on additional court fees. Further, he February 15, 2011, Work Study Session Minutes Page4 of 4 explained that this fine would not affect the driver 's insurance rates as it would not go on the person's driving record. Council Direction : Council directed the Police Chief to bring this item forward to a future meeting. City Clerk Kirkpatrick reported that the Kitsap County Elections Division was preparing for the upcoming 2011 elections and that they needed to know the Mayor's salary as that position is up for reelection. She explained that the filing fee is based upon the annual salary. City Attorney Jacoby requested that the Council discuss this matter at their March 15, 2011 Work Study Session. Council Direction: Council directed the City Clerk to place this item on the March 15, 2011, Work Study Session for further discussion, with action being taken at either the March 22, 2011 or April 8, 2011, Council meeting. 9· Next Work Study Session-Tuesday, March 15, 2011 ,,,, ..... ,,,,,, '''''nORT Qh'''" ,,'k~ "'•••• ··~CL,,4! ~ 'V • a"'Oa • !'T.A~ ~~ .. ,.,."... .... .. "' .. ...,....,.~ ~~ .,~ ~.-,;. ~ li:;: ~.., '() ·!' " a •""'sEAL · : V . : . ,. : ·~ ·--= • Cb•:!!OIO ... #Ji... .....~ ~ .. , .. ·~~ ,fl'~· • ~~E~ ··~SY .. , ~o· ..... \l,~ """ .. ,,,, F WA~.~~\~~ ''''"•ilnn"C'''