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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 07/05/2011 Kent City Council Meeting KENT July 5, 2011 WASHINGTON The regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor Cooke. Councilmembers present: Albertson, Harmon, Higgins, Perry, Ranniger, Raplee, and Thomas. (CFN-198) CHANGES TO THE AGENDA A. From Council, Administration, Staff. (CFN-198) No changes were made. B. From the Public. (CFN-198) Public Comment Item A was added at the request of an audience member, PUBLIC COMMUNICATIONS A. Public Recognition. (CFN-198) Perry commended everyone involved in putting on the 41h of July Splash. B. Community Events. (CFN-198) Ranniger announced upcoming community events, and Raplee announced events taking place at ShoWare. PUBLIC COMMENT A. Morrill Meadows Dog Park. (CFN-118) Amanda Nelson, 9420 S. 242"d Street, Kent, voiced concern about the lack of maintenance at the dog park, noting that the grass has not been mowed for seven months and that there is no place to sit. Mayor Cooke pointed out that there are finite resources, and Albertson confirmed that mowing the dog park is a service Nelson expects the city to provide. Parks and Community Services Director Watling agreed to check into the mowing schedule, and explained that one issue is the type of mower required for the dog park. CONSENT CALENDAR Perry moved to approve Consent Calendar Items A through K. Thomas seconded and the motion carried. A. Approval of Minutes. (CFN-198) Minutes of the workshop and regular Council meeting of June 21, 2011, were approved. B. Approval of Bills. (CFN-104) Payment of the bills received through June 15 and paid on June 15 after auditing by the Operations Committee on June 21, 2011, were approved. Checks issued for vouchers were approved: Date Check Numbers Amount 6/15/11 Wire Transfers 4645-4661 $1,593,795.48 6/15/11 Regular Checks 654005-654479 1,633,290.22 Void Checks 654427 & 654128 (139.00) 6/15/11 Use Tax Payable 2,310.88 $3,229,257.58 1 Kent City Council Minutes July 5, 2011 Checks issued for payroll for June 1 through June 15 and paid on June 20, 2011, were approved: Date Check Numbers Amount 6/20/11 Checks 323507-323724 $ 155,673.73 Voids & Reissues 323725 & 323726 388.99 6/20/11 Advices 284362-285017 1,261,093.04 $1,417,155.76 C. National Endowment for the Arts Grant. (CFN-118) The grant from the National Endowment for the Arts in the amount of $25,000 was accepted, the expenditure of the funds and amendment of the City Art Budget were approved. D. Perkins Storage Building Lease Agreement. (CFN-118) The Mayor was authorized to sign the lease agreement with Charlie and Shirley Perkins for the property located at 715 W. Meeker Street in Kent for $4,750 per month, subject to final terms and conditions acceptable to the City Attorney. E. King County Conservation Futures Grant Agreement Amendment for Panther Lake Acquisition. (CFN-118) The grant from King County Conservation Futures in the amount of $1,150,000 was accepted, amendment of the Interlocal Cooperation Agreement, approval of the expenditures in accordance with the grant agreement, and amendment of the Park Land Acquisition budget were approved, and the Mayor was authorized to sign all necessary documents, subject to terms and conditions acceptable to the City Attorney. F. 2011 Miscellaneous Sewer & Water Projects Contract. (CFN-1186) The Mayor was authorized to sign a Consultant Services Agreement with Jason Engineering & Consulting Business, Inc. in an amount not to exceed $80,965 for Materials Testing and Inspection, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. G. Stormwater Ponds Maintenance Agreement Amendment. (CFN-1038) The Mayor was authorized to sign an Amendment to the City's Interlocal Agreement with King County to perform maintenance on the City's Stormwater Ponds, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. H. S. 228th Street Improvements Agreement. (CFN-1269) The Mayor was authorized to sign a Goods and Services Agreement with Fox Electric Co., to relocate power service for the S. 228th Street Improvements project in an amount not to exceed $15,890, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. I. Hawley Road Levee Contract. (CFN-1318) The Mayor was authorized to sign a Consultant Services Agreement with GeoEngineers Inc., in an amount not to exceed $22,250 to provide Additional Design Recommendations for the Hawley Road Levee, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. 2 Kent City Council Minutes July 5, 2011 J. Horseshoe Bend Levee Contract. (CFN-1318) The Mayor was authorized to sign a Consultant Services Agreement with GeoEngineers Inc., in an amount not to exceed $30,820 to provide Additional Design Recommendations for the Horseshoe Bend Levee, subject to final terms and conditions acceptable to the City Attorney and ti Public Works Director. K. Pavement Grinding Agreement. (CFN-171) The Mayor was authorized to sign a Goods and Services Agreement with Pyramid Grinding for Asphalt Grinding Services, in an amount not to exceed $29,400, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. OTHER BUSINESS A. Emergency Six-Month Moratorium on Medical Marijuana. (CFN-1320) Deputy City Attorney Fitzpatrick outlined the history of the medical use of marijuana, and explained that actions taken during the 2011 legislative session, including the Governor's partial veto of Senate Bill 5073, resulted in a confusing legal situation which cities must now negotiate. He explained that part of that bill, which goes into effect on July 22, provides for collective gardens for qualified patients to produce, process, transport, and deliver medical marijuana under certain conditions. He noted that cities are permitted to regulate collective gardens through zoning codes, business licensing, health and safety requirements, and business taxes. Fitzpatrick stated that the number of marijuana dispensaries in Kent, and the number of inquiries about opening them, has grown substantially in the past year. He noted that such businesses are not legal now and will not be legal after July 22, but that collective gardens will be lawful after July 22. He said there are no guidelines in state law regulating collective gardens, and that adoption of the proposed ordinance would give staff a six-month period of time to look closely at the issue. He recommended having the Planning Department look at zoning issues during that time and make recommendations to the Council. He voiced concern about the possibility that a number of collective gardens would be combined under one roof, forming a massive collective garden facility, and that people could be considered members of the collective garden for mere moments at a time. It was clarified that the collective gardens would be indoors, not outdoors. Fitzpatrick said there are a lot of questions and a lot of uncertainty in the law, and that the moratorium would allow time for staff to confer with associates in other cities to try to create a consistent approach to regulation. He pointed out that Federal Way, Auburn, Fife, Sumner, Edmonds, Issaquah, North Bend, Mountlake Terrace, Hoquiam, Gig Harbor, Normandy Park, Poulsbo, and Port Orchard have already passed medical marijuana moratoriums. He also pointed out that the City of Kent has enacted moratoria in the past regarding water and sewer service outside the city limits, wireless telecommunication facilities, adult retail establishments, social card games, billboards, urban separators, agricultural land, and residential rezones. Fitzpatrick then outlined the process, noting that, if passed, the ordinance would become effective immediately, and that a public hearing would be held at the City Council meeting on July 19. 3 Kent City Council Minutes July 5, 2011 Upon a question from Councilmember Albertson, Fitzpatrick said potential future actions include an initiative to abolish Senate Bill 5073 and a referendum to legalize marijuana. He also confirmed that the moratorium would not impact people with medical conditions who grow marijuana for their personal use. Perry moved to adopt Ordinance No. 3999 declaring an emergency and adopting a six-month moratorium within the City of Kent on the establishment, location, operation, licensing, maintenance or continuation of medical marijuana collective gardens or dispensaries and setting a date for a public hearing on the moratorium. Thomas seconded. Higgins spoke in opposition to the moratorium, noting that the federal government lists marijuana as a Schedule 1 narcotic and urging Councilmembers to join him in working the issue at the federal level. He said a moratorium is unnecessary since zoning action can be taken without it; Albertson concurred. Perry stated that collec- tive gardens are a new access point which should be analyzed so that zoning is done correctly. She expressed concern that existing businesses would be able to vest under current regulations. Raplee emphasized that marijuana is currently illegal and said the City must uphold the law. The motion then carried on a vote of 5-2, with Harmon, Perry, Ranniger, Raplee and Thomas in favor, and Albertson and Higgins opposed. BIDS A. Kent Memorial Park Ballfield Light Pole Replacement Agreement. (CFN-118) Parks & Community Services Director Watling explained the project and pointed out that light pole replacement projects are funded by cell tower lease revenues. He noted that one bid was received, and that the Parks Committee recommends award. Ranniger moved to authorize the Mayor to sign the Public Works Agreement with Transportation Systems, Inc., for the Kent Memorial Park Ballfield Light Pole Replacement project in the amount of $38,687, plus Washington State Sales Tax, subject to final terms and conditions acceptable to the City Attorney. Albertson seconded and the motion carried. B. 2011 Citywide Large Culvert & Storm Pipe Cleaning. (CFN-1038) Public Works Director LaPorte described the project and location, and recommended proceeding. Raplee moved to award the 2011 Citywide Large Culvert & Storm Pipe Cleaning project contract to Ventilation Power Cleaning, Inc., in the amount of $986,847.95, and to authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Harmon seconded and the motion carried. REPORTS A. Council President. (CFN-198) Perry announced that Councilmember Raplee will Chair the Operations Committee for the rest of the year. 4 Kent City Council Minutes July 5, 2011 B. Mayor. (CFN-198) Mayor Cooke gave a report on her recent trip to Denmark on a "Bikes Belong" Study Tour, said she is looking into bicycling opportunities in Kent, and invited interested Councilmembers to contact her. The Mayor talked about the effects of fireworks in the City of Kent and stated that she will be proposing an ordinance relating to them. She said she looks forward to working with any Councilmember who is interested in drafting such an ordinance, and noted that it could include the option of sending the issue to a vote of the people. C. Administration. (CFN-198) CAO Hodgson announced that there will be an Executive Session of approximately thirty minutes to discuss at least two items of property negotiations, with action when the meeting reconvenes. D. Economic & Community Development Committee. (CFN-198) No report was given. E. Operations Committee. (CFN-198) No report was given. F. Parks and Human Services Committee. (CFN-198) No report was given. G. Public Safety Committee. (CFN-198) Harmon announced that there will be a fireworks after-action report at the next meeting which will be on Tuesday, July 12. He pointed out that there is already a ban on certain types of fireworks. H. Public Works Committee. (CFN-198) Raplee explained that the regularly scheduled meeting of July 4:h was rescheduled due to the holiday; therefore there will be a special meeting on July 11, as well as the regularly scheduled meeting on July 18. She said the first report from the TMP citizen committee will be heard at the July 11 meeting. I. Regional Fire Authority. (CFN-198) Raplee noted that the July 6th meeting has been cancelled. EXECUTIVE SESSION The meeting recessed to Executive Session at 7:56 p.m., and reconvened at 8:16 p.m. A. Property Negotiations. (CFN-239) Public Works Director LaPorte recommended that Council authorize acquisition of the Lorang property for the purpose of watershed protection. Raplee moved to authorize the purchase of two parcels located at 26128 SE Kent Kangley Road (Parcel No. 252206-9055) and the vacant property located immediately to the east (Parcel No. 252206-9127), and to authorize the Mayor to sign the Purchase and Sale Agreement and all other necessary documents to purchase the property, subject to final terms and conditions acceptable to the Public Works Director and the City Attorney. Harmon seconded and the motion carried. B. Property Negotiations. (CFN-239) CAO Hodgson recapped the history of municipal court services, and explained that if the purchase of Aukeen Court is approved, the probation office, prosecuting and defense attorney services, and Juror 5 Kent City Council Minutes July 5, 2011 services would be housed there, and that District Court would move their services to the Maleng Justice Center. He added that the sale would be approved at the end of August. Perry moved to authorize the Mayor to sign all necessary documents to complete the purchase and sale of the Aukeen District Court properties, with the purchase price not to exceed established budgets, and subject to final terms and conditions acceptable to the City Attorney. Thomas seconded and the motion carried. ADJOURNMENT The meeting adjourned at 8:22 p.m. (CFN-198) Brenda Jacober, M City Clerk 6