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HomeMy WebLinkAbout08/17/2011 SEP 0 7 2011 DIGITAL RECORDING CITY COUNCIL MEETING MINUTES CM August 17, 2011 NWM The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Conference Room 603, of the NORM DICKS GOVERNMENT CENTER, 345 6th Street, Bremerton, Washington, Wednesday, August 17, 2011, at 5 00 PM, with Council President Will Maupin presiding Council Members present were Nick Wofford, Carol Arends, Dianne Robinson, Greg Wheeler, Roy Runyon, Adam Brockus, Cecil McConnell, and Jim McDonald Assistant City Attorney Ken Bagwell, City Clerk Carol Etgen, and Council Assistant Christine Grenier were present to provide staff support A COUNCIL BRIEFING was then held to discuss General Council Business at 5 00 PM in the Council Conference Room At 5 30 PM the meeting moved to the Meeting Chambers The Pledge of Allegiance was led by Council Member Jim McDonald followed by the invocation provided by Council Member Dianne Robinson MAYOR'S REPORT — Mayor Lent • Invited Robin Waite owner of the Kitsap Pumas, to talk about the team's playing record in the Western Conference and their PDL Championship victory, and also to thank the Bremerton School District Maintenance and Custodial Staff for keeping the fields and grounds in great shape for the games, • Announced that the 3 rd Annual Bremerton Wine Festival will be held this Saturday, August 20 from 2 00 to 5 00 PM at Harborside Fountain Park, • Encouraged the public to attend the Ribbon Cutting Ceremony and Open House for the new Ultra Violet (UV) Treatment Facility on Wednesday, August 24 from 1 00 to 2 30 PM at 8301 West Old Belfair Valley Highway, • Announced the upcoming event "That Hat" will be held on Thursday, September 15 at Amy Burnett's Gallery and Kitsap Historical Museum, • Encouraged people to take action and participate in the Annual Beautify Bremerton event to be held on Saturday, September 18 from 8 00 AM to 3 00 PM, with drop off sites at Olympus Drive and Evergreen Rotary Park Residents and property owners in the City of Bremerton are welcome to bring yard waste and garbage, • Introduced Bob Battin Bremerton Central Lions Club, who thanked Mayor Patty Lent and Executive Assistant Elaine Valencia for their efforts in continuing this tradition, discussed the history of the program, then introduced the Sister City Exchange Students from Kure, Japan Yoshiaki Yosaka (hosted by Marcella & David Otero), Izumi Yamashita (hosted by Terri & Hamp All), and Muna Kvoqoku (hosted by Greg & Sunny Wheeler) Mayor Lent also invited anyone who may be interested in being a host family in 2012 to contact Elaine Valencia, and • Presented a Department of Ecology Award to Wastewater Treatment Plant Employees Patric Coxon Wastewater Treatment Plant Manager, Larry Willman Operations Supervisor, Rick Zimburean Maintenance Supervisor, and Ted Lyon Operations H Technician for outstanding performance and compliance with NPDES permitting requirements Patric Coxon dedicated the award to fellow employee Art McArty who passed away this year unexpectedly PUBLIC RECOGNITION H. Emily Moshay was very proud of the Mayor for the positive direction the City is following, and expressed serious concerns about trash at the 1300 block on Park Avenue which she has already communicated to Code Enforcement Jack Arends wished his mother Carol Arends a 'Happy Birthday' which is this Sunday and then led attendees in song CONSENT AGENDA A Check Numbers 344372`through 344591, and EFT -11116 through EFT -11150 in the amount of $1,874,919 20 City Council Meeting Minutes Wednesday, August 17, 2011 Page 2 of 6 B Minutes of Meeting — August 3, 2011 C Minutes of Study Session —August 10, 2011 D Appointment of Kelly A Floyd to the CDBG /HOME Grant Recommendation Committee E Reappointment of Kim Stewart to the Design Review Board F Lease Agreement between the City of Bremerton and Connection Credit Union G Site Management Agreement between the City of Bremerton and Day Wireless Systems (DWS) for the Communication Site located at 1925 Cheryl Street H Contract with Stan Palmer Construction for completion of Shore Drive Lateral (9) and Manhole (7) Rehabilitation Project along Shore Drive I Resolution No 3150 approving the Name Change of two remnant portions of Arsenal Way to Russell Road and Shorewood Drive J Amended and Restated Cooperative Agreement between the City of Bremerton and the Bremerton Housing Authority (BHA) 05:57:53 M /S /C /U (Runyon /Robinson) Move to approve the CONSENT AGENDA as presented PUBLIC HEARINGS 6A — PUBLIC HEARING REGARDING ORDINANCE NO 5160 ADOPTING THE PROPOSAL TO MODIFY THE BREMERTON CITY COUNCIL DISTRICT BOUNDARIES Becky Hasart Financial Services Director explained that each decade, the U S Government conducts a census of the nation's population Following the census, City district boundaries are changed to reflect the current population with a view to provide the public, as far as possible, with equal City Council representation To formalize the new district boundaries, the City must hold a public hearing on the proposed boundaries and then adopt the related ordinance The ordinance cannot be adopted for at least a week after the public hearing As such, tonight's action is to make a presentation illustrating the new boundaries and then hold the public hearing The ordinance will be presented to Council for formal adoption at the September 7, 2011 meeting Bill Eley Information Services Manager, provided a Power Point presentation and outlined the details for the proposed changes in the districts Boundary changes would not take effect until 2014 He pointed out that if the measure on the ballot to reduce Council districts from 9 to 7 passes, then the Council would have to again review and approve a new redistricting proposal at that time Lastly, upon adoption of the new districts, there is a 45 day appeal period Kitsap County Superior Court would make the final determination on those appeals President Maupm opened the public hearing Don Stauff expressed concerns about the boundaries near Forest Ridge Park (District 7) Jack Arends asked if anyone has any questions prior to the Council taking action on this issue, who may be contacted President Maupin answered that people may contact the Council Office Mr Eley added that the packet and related maps are available on the City's website With no further comments from the public, the public hearing was closed Discussion was then opened to the Council for their questions and comments City Council Meeting Minutes Wednesday, August 17, 2011 Page 3 of 6 Jim McDonald emphasized that the population is always changing so the Census data collected a year ago is already inaccurate, especially when new housing has now been built and occupied, and expressed concerns about changes made to neighborhoods within several Council districts Cecil McConnell clarified that language in the legal description of District 2 needed to be changed to include the proposed boundaries Adam Brockus believed that the redistricting would be fairer if the sailors in the shipyard were allocated among a few districts Roy Runyon emphasized these are political boundaries and believed the process was fair in reallocating the numbers, and asked how the City would address an appeal, if filed Ken Bagwell answered that the City would definitely respond to an appeal Greg Wheeler asked if it is possible to take another look at the boundaries to make sure that neighborhoods stay intact and how the shipyard could be used to accomplish this Mr Eley answered that most of the population in the shipyard is in one census block, which must remain intact, and therefore can not be reallocated to other districts However, there is time for review prior to Council approving the new district boundaries President Maupm reiterated that action would be taken during the September 7 Council Meeting 6B — PUBLIC HEARING REGARDING ORDINANCE NO 5155, PASSED JULY 22 2011 IMPOSING A MORATORIUM ON METHADONE TREATMENT FACILITIES JoAnn Vidinhar Community Development, stated that on July 22, 2011, City Council passed Ordinance No 5155 imposing a moratorium on the acceptance of applications for any building, land use, or development permit or approval for methadone treatment facilities The ordinance provided that a public hearing would be held on August 17, 2011 Following the hearing, the City Council will either move to reaffirm findings in Ordinance No 5155 continuing the moratorium or move to terminate the moratorium President Maupm opened the public hearing Comments are summarized as follows Ron Morse Callow Avenue business owner, expressed support for continuing the moratorium and hoped the City would also consider using a mobile treatment facility rather than a clinic Rick Cortes Benedict House, offered his support to the Council in taking time to determine if these services are appropriate for Bremerton and if so, established properly Sally Glivar Great American Furniture, believed that taking 6 months to review this proposal seems reasonable in order to consider potential benefits and problems Lee Templeton Benedict House, believed that these services are needed in the community Marie Campanoli Skookum, believed that the facility would fill a big need in Bremerton and would enable people to become productive individuals, and hoped Council would rescind the moratorium Doug Mackenzie explained that his son is among 450 people who need care now Darren Straley believed that it would be premature to stop the moratorium before completing further studies Dr David Beck Evergreen Treatment Services, emphasized that methadone treatment lowers crime and stops the cycle of drug addiction, was concerned that any further delay in the process would result in no treatment facility being located in Bremerton, and added that facilities help the community and add fobs City Council Meeting Minutes Wednesday, August 17, 2011 Page 4 of 6 Beth Shea Charleston business owner, supported the moratorium and hoped the Council would make the right decision for the City whether or not to locate services in Bremerton Robert Parker Callow Avenue business owner, agreed that the proposal was moving too quickly and the moratorium allows time to look at what can be done in terms of services and location Jerry McDonald believed we should take a serious look at other locations Todd Best emphasized services should be provided at or around the hospital Brian Petra realtor, believed that putting a clinic on Callow Avenue in the gateway to the City is financially inappropriate, added that there are plenty of properties available near the hospital, and that some similar services are already provided by Kitsap Mental Health Services Kelly O'Brien Callow business owner, hoped that care services could be placed in a more appropriate location where people will not be tempted by other things like alcohol or drugs Carl Glrvar did not believe that the City has realized what the total impact to emergency services would be by allowing methadone treatment on Callow, and believed that Callow instead needs businesses that will bring in revenue Monte Levine voluntary syringe exchange volunteer, emphasized that treatment for addiction is important and would deter people from overdosing on drugs, and urged Council to "do the right thing" Don Stauff asked Council to continue the moratorium, and also hoped would researched would be done to determine what the success rate may be for a methadone clinic Glenn Hodge said the impact to neighborhoods must be considered before a clinic location is determined Cliff Tuttle hoped the City would not ignore the hard working, law abiding citizens, specifically expressing concerns about a site where there is already heavy early morning shipyard traffic Brock Jackie v asked the Council to make a calm and informed decision in a logical, intelligent manner, and personally did support having a methadone clinic With no further comments from the public, the public hearing was closed 07.04.23 Motion to continue the moratorium was made by Brockus and seconded by Arends Adam Brockus hoped that the moratorium would allow time for a thorough review of whether or not a methadone treatment facility is an appropriate use for this area, and time to develop a plan that is best for the neighborhood as well as for the people to be treated Roy Runyon reported the need for methadone treatment was raised during a Kitsap County Board of Health meeting some time ago, and expressed concerns about communication and the overall process He asked if the proposed clinic could be subject to the Chronic Nuisance Ordinance, and if so, how would the City address issues such as increased caseloads Mr. Bagwell responded that if there were violations, the City could go to Kitsap County Superior Court with an abatement to shut the facility down He further explained that state law regulates the operation of the facility, and the County would be responsible for authorizing any change or exception beyond accepted current use Mr Runyon asked if there is any limit to extending the moratorium Mr. Bagwell answered that there is no limitation to how many times the City can extend a moratonum Carol Arends expressed support to continue the moratorium to allow staff more time to review the issue and to be fair to the residents, business owners, and to the treatment providers City Council Meeting Minutes Wednesday, August 17, 2011 Page 5 of 6 Greg Wheeler was concerned that if the City did not act, we may lose an opportunity to work with Evergreen Treatment Services, but pointed out the importance of the process and need for feedback before the City can make such an important decision He supported the extension of the moratorium Cecil McConnell believed that Council should vote on an issue when all of the impacts are known and understood, therefore he supported the moratorium Will Maupin emphasized that the City needs time to look at the zoning codes, and since there are not adequate regulations, the issue needs further study He also emphasized that this moratorium is not about the current specific proposal, but will address appropriate zoning City -wide Nick Wofford disclosed that a family member lives near a methadone treatment clinic in Seattle and has not personally experienced any of the problems, fears, or concerns expressed here tonight, but agreed that other locations should also be considered 07.24 40 M /S /C (Brockus /Arends) Move to reaffirm the findings in Ordinance No 5155, and to continue the moratorium on methadone treatment facilities as established in Ordinance No 5155 Voted in favor of the Motion McConnell, Brockus, Wheeler, Robinson, Arends, Maupin, McDonald Voted against the Motion Runyon, Wofford Motion carried, 7 -Yes, 2 -No 6C — PUBLIC HEARING AND ORDINANCE NO 5159 IMPOSING A MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS FOR ANY BUILDING, LAND USE, OR DEVELOPMENT PERMIT OR APPROVAL FOR MEDICAL MARIJUANA COLLECTIVE GARDENS Ken Bagwell Assistant City Attorney, explained that the City is facing potential applications for development of collective medical marijuana gardens within the City The Bremerton Municipal Code does not adequately address the placement of these uses and the impacts for these uses may present, and the City does not currently have sufficient regulations to properly review and consider medical marijuana collective gardens The City Council finds that the protection of the health, safety, and welfare supports imposing a moratorium on the acceptance of all applications for any building, land use, or development permit or approval under the Bremerton Municipal Code for medical marijuana collective gardens within the City of Bremerton until additional review has been completed and any necessary code revisions have been adopted by the Bremerton City Council President Maup►n opened the public hearing Alyssa Mortensen Pied Pipers Emporium, believed that taking time to review the zoning code is appropriate and offered her support Monte Levine asked what work would be done during the moratorium Ken Bagwell answered that there will be review by Legal, Community Development, and the Police Departments, and ultimately, the City Council This would not impact those who use medical marihuana as allowed by State law With no further comments from the public, the public hearng was closed 07 36:30 Motion to approve Ordinance No 5159 was made by McDonald, and seconded by Wheeler Discussion was then opened to the Council for their questions and comments Jim McDonald offered his support to take time for review Roy Runyon asked how access to marijuana was decided Mr. Bagwell explained that a citizen initiative was passed in 1998 Currently, individuals in possession of medical marijuana with proper identification may be prosecuted under law but with an "affirmative defense" in Washington State City Council Meeting Minutes Wednesday, August 17, 2011 Page 6 of 6 Cecil McConnell asked who would police the gardens, once established Mr Bagwell pointed out that this question would be answered during the review process, but could possibly include the City's Code Enforcement Nick Wofford understood the need for this kind of garden, but recognized the importance of addressing questions and concerns 07:43 M /S /C /U (McDonald/Wheeler) Move approve Ordinance No 5159 imposing a moratorium on the acceptance of applications for any building, land use, or development permit or approval for Medical Marijuana Collective Gardens COUNCIL MEMBER REPORTS Nick Wofford planned on having a productive weekend Carol Arends looked forward to her birthday on Sunday Dianne Robinson thanked the Mayor for providing background information on Lieutenant Wyckoff and hoped there would be an opportunity to correct his name in the City Greg Wheeler really enjoyed having an exchange student from Japan, encouraged people to visit the Farmers Market at Evergreen Rotary Park on Thursdays or on the Boardwalk on Sundays Roy Runyon discussed his weekend plans to attend the Olalla Bluegrass Festival, and provide a presentation on the Civil War at the downtown branch of the Kitsap Regional Library Adam Brockus enjoyed the Pumas Championship game and was pleased with the attendance which he pointed out should benefit the hotel -motel fund Jim McDonald announced that there will be lane closures and speed reductions along State Highway 3 in the Bremerton -Gorst corridor starting Monday and continue through October, and looked forward to attending the Wine Festival at Harborside Fountain Park on Saturday Will Maupin reported that he will be going to Bellingham on Friday with other Kitsap Transit Board members to visit the shipyard and workshop to see the progress on the new fast ferry President Maupin adjourned the Council Meeting at 7 50 PM Prepared and Submitted by &,.,- � � — A�44.dl — CHRISTINE GRENIER Council Assistant Attest &W( Y .0 %J CAROL TGEN, City Jerk WILL MAUPIN, dity Co it President WMCEIscg