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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 01/03/2012 CITY OF KENT ����J ii/i iIJ✓/r >/ r rah' l/r % /��//; City Council Meeting Agenda �. January 3, 2012 Mayor Suzette Cooke C®uncilrnernbers Elizabeth Albertson Bill Boyce mn Dennis Higgins t , Jamie Perry Dana Ralph Deborah Ranniger Les Thomas CRY CLERK m �, KENT CITY COUNCIL AGENDAS KENT January 3, 2012 W>_HI. �N Council Chambers MAYOR: Suzette Cooke COUNCILMEMBERS: Elizabeth Albertson Bill Boyce Dennis Higgins Jamie Perry Dana Ralph Deborah Ranniger Les Thomas ********************************************************************** COUNCIL WORKSHOP AGENDA 5:30 p.m. Item Description Speaker Time 1. Government Relations Michelle Wilmot 10 minutes 2. Review of Council Rules Tom Brubaker 25 minutes 3. Review of Council Roles Pat Mason, MRSC 25 minutes ********************************************************************** COUNCIL MEMBER RECEPTION - 6:30 p.m. ********************************************************************** COUNCIL MEETING AGENDA 7:00 p.m. 1. CALL TO ORDER/FLAG SALUTE 2. ROLL CALL 3. CHANGES TO AGENDA A. FROM COUNCIL, ADMINISTRATION, OR STAFF B. FROM THE PUBLIC - Citizens may request that an item be added to the agenda at this time. Please stand or raise your hand to be recognized by the Mayor. 4. PUBLIC COMMUNICATIONS A. Oath of Office B. Council President Election C. Council Committee and Liaison Appointments D. Public Recognition E. Community Events F. Introduction of Appointees G. Teddy Bear Friend Proclamation H. Kona Kai Coffee Company Proclamation I. Mentoring Month Proclamation 5. PUBLIC HEARINGS 6. PUBLIC COMMENT (Continued) COUNCIL MEETING AGENDA CONTINUED 7. CONSENT CALENDAR A. Minutes of Previous Meeting and Workshop — Approve B. Payment of Bills — Approve C. 640 Zone Water Reservoir Painting — Accept as Complete D. Appointment to Kent Arts Commission - Confirm E. Appointment to Land Use & Planning Board — Confirm F. Appointment to Human Services Commission — Confirm G. Singh Automotive Shop, Bill of Sale — Accept H. Rite Aid, Bill of Sale — Accept I. Riverbend Commerce Center, Bill of Sale — Accept S. OTHER BUSINESS A. Medical Cannabis Zoning Ordinance B. Medical Cannabis Moratorium Extension Ordinance 9. BIDS 10. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION 12. ADJOURNMENT NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office and the Kent Regional Library. The Agenda Summary page and complete packet are on the City of Kent web site at www.choosekent.com An explanation of the agenda format is given on the back of this page. Any person requiring a disability accommodation should contact the City Clerk's Office in advance at (253) 856-5725. For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388. 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A) From Council, Administration, or Staff B) From the Public PUBLIC COMMUNICATIONS A) Oath of Office B) Council President Election C) Council Committee and Liaison Appointments D) Public Recognition E) Community Events F) Introduction of Appointees G) Teddy Bear Friend Proclamation H) Kona Kai Coffee Company Proclamation I) Mentoring Month Proclamation PUBLIC COMMENT Agenda Item: Consent Calendar 7A - 7B CONSENT CALENDAR 7. City Council Action: Councilmember moves, Councilmember seconds to approve Consent Calendar Items A through I. Discussion Action 7A. Approval of Minutes. Approval of the minutes of the workshop and regular Council meeting of December 13, 2011. 7B. Approval of Bills. Approval of payment of the bills received through November 15 and paid on November 15 after auditing by the Operations Committee on November 30, 2011. Approval of checks issued for vouchers: Date Check Numbers Amount 11/15/11 Wire Transfers 4829-4848 $1,910,733.62 11/15/11 Regular Checks 658278-658820 2,512,753.11 Void Checks 658666, 658774 (1,103.00) 11/15/11 Use Tax Payable 2,161.73 $4,424,545.46 Approval of checks issued for payroll for November 1 through November 15 and paid on November 20, 2011: Date Check Numbers Amount 11/20/11 Checks 325488-325658 $ 124,943.10 11/20/11 Advices 290938-291591 1,222,836.65 $1,347,779.75 Approval of checks issued for payroll for November 16 through November 30 and paid on December 5, 2011: Date Check Numbers Amount 12/5/11 Checks 325659-325800 $ 130,592.75 12/5/11 Advices 291592-292242 1,590,550.96 $1,721,143.71 Kent City Council Meeting KENT was �,,., December 13, 2011 The regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor Cooke. Councilmembers present: Albertson, Higgins, Perry, Ranniger, Raplee, and Thomas. Councilmember Harmon was excused from the meeting. (CFN-198) CHANGES TO THE AGENDA A. From Council, Administration, Staff. (CFN-198) Confirmation of the Municipal Court Judge was moved from Other Business to Public Communications. Item Z was added to the Consent Calendar. B. From the Public. (CFN-198) Nothing was added by the public. PUBLIC COMMUNICATIONS A. Public Recoanition. (CFN-198) Parks Director Watling announced that United Way and GMC partnered with the city to install new playground equipment at West Fenwick Park, and noted that Seattle Seahawk Marcus Trufant was a part of the celebration. B. Community Events. (CFN-198) Raplee outlined upcoming events at the ShoWare Center. Her colleagues commended outgoing Council member Raplee on her service to the city and wished her well in the future. Although not in attendance, Harmon was also commended for his accomplishments on the Council. C. Valley Communications Center Director. (CFN-198) Mayor Cooke intro- duced Lora Ueland, the new Executive Director of Valley Communications Center. Ms. Ueland spoke briefly about her qualifications and her new position. D. Municipal Court Judge. (CFN-983) Mayor Cooke noted that in October Robert McSeveney resigned his position as a Kent Municipal Judge in order to accept a position as a federal immigration judge. She then presented Karli Jorgensen as her appointee to fill the vacancy and outlined her qualifications and experience. Perry moved to confirm Karli Kristine Jorgensen for the position of Judge of the Kent Municipal Court for the remainder of the current judicial term which will end December 31, 2013. Thomas seconded and the motion carried. Jorgensen expressed her appreciation. PUBLIC HEARINGS A. 2012-2017 Six-Year Transportation Improvement Plan (TIP). (CFN-164) Transportation Engineering Manager Steve Mullen explained the Program and noted that this years is significantly smaller, which reflects the current economic conditions and acknowledges the fact that there aren't as many federal or state grants or city funds available to complete some of the projects. He confirmed that the projects listed accurately reflect the Public Works Committee's recommendation, and explained for Albertson that both grade separations were removed from the Program at the recommendation of the Citizens Advisory Committee who felt regional funding partners could be found in the future. He added that the Program can be amended in the future to include the grade separations at the pleasure of the City Council. 1 Kent City Council Minutes December 13, 2011 The Mayor opened the public hearing. There were no comments from the audience and Raplee moved to close the public hearing. Higgins seconded and the motion carried. Perry moved to send the Six-Year Transportation Improvement Program back to the Committee for further discussion. Albertson seconded. Higgins pointed out that the reason the issue was brought to the full Council for final consideration was because of dissention within the Committee, and urged the Council not to send it back. Raplee concurred. Perry pointed out that there will be new members on the committee beginning in 2012 and that the entire Council is not fully aware of the issues. Albertson agreed that more work by the committee is needed. Higgins explained that the issue the Committee was not comfortable with was the grade separations. The motion to return the Program to the Committee then failed 2-4 with Albertson and Perry in favor, and Higgins, Ranniger, Raplee and Thomas opposed. Raplee then moved to adopt Resolution No. 1849 approving the 2012-2017 Six-Year Transportation Improvement Program. Higgins seconded. Albertson stated that she was not aware of some of the issues mentioned tonight, and Perry voiced concern about removal of the grade separations and the effect on freight mobility. Ranniger reiterated that the Program can be amended if there is a sudden windfall. The motion to approve the Program carried 4-2 with Higgins, Ranniger, Raplee and Thomas in favor, and Albertson and Perry opposed. PUBLIC COMMENT Kent Historical Society. (CFN-1087) Jack Becvar, 11617 SE 258, thanked the city for their support of the Greater Kent Historical Society over the years, and announced that he is stepping down as the Director. He introduced Historical Society members Nancy Simpson and Debbie Edwards. Midway Subarea Plan. (CFN-1315) Teresa Melton, Betty Lou Kapela, Gloria Sferra and Dana Kapela made comments relating to the Midway Subarea Plan, as shown in Other Business Item B. Medical Cannabis. (CFN-1320) Jared Allaway, Don Skakie, and Philip Dawdy made comments relating to Medical Cannabis, as shown in Other Business Items C and D. CONSENT CALENDAR Perry moved to approve Consent Calendar Items A through Z. Raplee seconded and the motion carried. A. Approval of Minutes. (CFN-198) The minutes of the regular Council meeting of November 15, 2011, and workshop minutes of November 10, November 15, November 17, November 19 and December 6, 2011, were approved. B. Approval of Bills. (CFN-104) Payment of the bills received through October 31 and paid on October 31, 2011 after auditing by the Operations Committee on November 15, 2011, were approved. 2 Kent City Council Minutes December 13, 2011 Checks issued for vouchers were approved: Date Check Numbers Amount 10/31/11 Wire Transfers 4811-4828 $1,496,509.24 10/31/11 Regular Checks 657925-658277 4,064,238.45 Void Checks (7,717.80) 10/31/11 Use Tax Payable 502.61 $5,553,532.50 Checks issued for payroll for October 16 through October 31 and paid on November 4, 2011, were approved: Date Check Numbers Amount 11/4/11 Checks 325308-325487 $ 142,778.27 11/4/11 Advices 290283-290937 1,234,980.60 $1,377,758.87 C. Kent Downtown Partnership Contract. (CFN-462) The Mayor was authorized to sign the Consultant Services Agreement with Kent Downtown Partnership in an amount not to exceed $33,600, to provide economic development of the downtown core, subject to final terms and conditions acceptable to the City Attorney. D. Thunderbirds First Amendment to License Agreement. (CFN-1305) The Mayor was authorized to sign the First Amendment to the Thunderbirds License Agreement with terms and conditions acceptable to the Economic and Community Development Director and the City Attorney. E. SMG Amendment to Kent Event Center Sales, Marketing, and Operational Management Services Agreement. (CFN-1305) The Mayor was authorized to sign an Amendment to the Kent Event Center Sales, Marketing, and Operation Manage- ment Services Agreement with terms and conditions acceptable to the Economic and Community Development Director and the City Attorney. F. Van Ness Feldman Federal Lobbyist Contract. (CFN-1216) The Mayor was authorized to sign a Consultant Services Agreement with Van Ness Feldman to repre- sent the city as federal lobbyist, in an amount not to exceed $90,000, subject to final terms and conditions acceptable to the City Attorney. G. Premera Blue Cross Administrative Services Contract. (CFN-147) The Mayor was authorized to sign the Premera Blue Cross 2012 administrative contract in an amount not to exceed $11,740,135, subject to final terms and conditions acceptable to the City Attorney. H. Group Health Cooperative Medical Coverage Contract. (CFN-147) The Mayor was authorized to sign a contract with Group Health Cooperative of Puget Sound Group Medical Coverage Agreement in an amount not to exceed $471,541, subject to final terms and conditions acceptable to the City Attorney. 3 Kent City Council Minutes December 13, 2011 I. Washinaton Dental Service Administrative Services Contract. (CFN-147) The Mayor was authorized to sign the Washington Dental Services 2012 Administra- tive Services Agreement in an amount not to exceed $1,151,331, subject to final terms and conditions acceptable to the City Attorney. J. 2011 City Art Plan Reassignment of Funds. (CFN-815) The reassignment of City Art Plan Funds in an amount of $40,200, to support a Youth Media Art Program and add an art element to the Municipal Court remodel was approved. K. AECOM Contract, Boeing Levee. (CFN-1318) The Mayor was authorized to sign a Consultant Services Agreement with AECOM for structural engineering design of a flood wall at the Boeing Levee in an amount not to exceed $18,850.89, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. L. URS Corporation Contract, Upper Mill Creek Dam Improvements. (CFN-1038) The Mayor was authorized to sign a contract with URS Corporation in an amount not to exceed $310,620 for the Upper Mill Creek Dam Improvements Project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. M. Parkina Revision Ordinance, Fern Crest Development. (CFN-171) Ordinance No. 4008 amending section 9.38.020 of the Kent City Code, entitled "No Parking Zones," to add no parking zones in the Fern Crest Neighborhood was adopted. N. Blue Boy Reservoir Seismic Retrofit. (CFN-1038) The Blue Boy Reservoir Seismic Retrofit Project was accepted as complete and release of retainage to Western Engineering Constructors, Inc., upon receipt of standard releases from the state and release of any liens was authorized. The original contract amount was $141,818.93. The final contract amount was $133,842.89. O. Horseshoe Bend Levee Improvements. (CFN-1318) The Horseshoe Bend Levee Improvements Project was accepted as complete and release of retainage to Lloyd Enterprises, Inc., upon receipt of standard releases from the state and release of any liens was authorized. The original contract amount was $294,463.38. The final contract amount was $207,076.85. P. Central Avenue Plaza Bill of Sale. (CFN-484) The Bill of Sale for the Central Avenue Plaza project permit No. 2090461, for 2 gate valves, 1 hydrant, and 20 linear feet of waterline was accepted. Q. Eastman Consultant Contract, Boeing Levee Appraisals. (CFN-1318) The Mayor was authorized to sign a Consultant Services Agreement with the Eastman Company to complete property appraisals for the Boeing Levee Project in an amount not to exceed $12,000, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. R. Granaer Company Consultant Contract, Boeina Levee Appraisals Review. (CFN-1318) The Mayor was authorized to sign a Consultant Services Agreement with the Granger Company to review property appraisals for the Boeing Levee Project in an 4 Kent City Council Minutes December 13, 2011 amount not to exceed $2,700, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. S. Rittenhouse Consultant Contract, Boeing Levee Right-of-Way Acquisition Services. (CFN-1318) The Mayor was authorized to sign a Consultant Services Agreement with Rittenhouse Consulting for Right-of-Way Acquisition Services for the Boeing Levee Project in an amount not to exceed $15,000, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. T. Gray & Osborne Consultant Contract, Guiberson Reservoir. (CFN-1111) The Mayor was authorized to sign a Consultant Services Agreement with Gray & Osborne, Inc. for engineering services for the Guiberson Reservoir Replacement in an amount not to exceed $22,600, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. U. Meeker Street Speed Limit Revision Resolution. (CFN-171) Resolution No. 1850 amending the speed limit to 35 MPH on West Meeker Street from Washington Avenue South to Russell Road was adopted. V. Government Relations Consulting Services Contract, Outcomes by Levy. (CFN-1216) The Mayor was authorized to sign a Consulting Services Agreement with Outcomes by Levy in the amount not to exceed $66,000, for lobbying services to be provided during 2012, subject to final terms and conditions acceptable to the City Attorney. W. Public Defense Conflict Counsel Agreement Amendment, Jordan Law Offices. (CFN-234) The Mayor was authorized to sign Amendment No. 3 with Jordan Law Office, P.S., extending their services for conflict public defense services through March 31, 2012. X. Public Defense Services Agreement Amendment, Stewart Beall MacNichols & Harmell. (CFN-234) The Mayor was authorized to sign Amendment No. 7 for public defense services with Stewart Beall MacNichols & Harmell, Inc., P.S., extending their services for public defense services through March 31, 2012. Y. Goods & Services Contract, Allied Telesis, Inc. (CFN-1155) The Mayor was authorized to sign all documents related to the Goods and Services Contract with Allied Telesis, Inc., in an amount not to exceed $134,318.89, to replace network equipment for the Regional Fire Authority (RFA), subject to final terms and conditions acceptable to the City Attorney. ADDED ITEM Z. Excused Absence. (CFN-198) An excused absence for Council member Harmon from tonight's meeting was approved. OTHER BUSINESS A. Municipal Court Judge. (CFN-983) This item was moved to Public Communications. 5 Kent City Council Minutes December 13, 2011 B. Midway Subarea Plan, Comprehensive Plan. Zonina, and Desian Guidelines. (CFN-1315) Planner Gloria Gould-Wesson described the plan and confirmed that a station location study for Sound Transit will begin in 2012. Earlier in the meeting, the following comments on this subject were made: Threasa Melton, 2703 S. 240th Street, owner of New Alaska RV Mobile Home Park, questioned how she would be affected by the rezoning. Betty Lou Kapela, 5652 132nd Avenue NE, Bellevue, asked that her three parcels called Argus be deleted. She noted that the property is not in the core area and that they cannot afford the taxes, since there is no income on the property. Gloria Sferra, 9761 Beacon Avenue South, Seattle, co- owner of the Argus parcels, also asked that the property be removed from the comprehensive plan and left as it is, General Commercial. Dana Kapela provided an outline of the three properties and noted that taxes on the property doubled in 2008. She asked that it be removed from the land use plan map and the zoning, but that the transit oriented community land use designation be kept. At Perry's request, Gould-Wesson and Planning Director Fred Satterstrom explained the Argus property situation and how the plan would be impacted if they were deleted. Perry moved to adopt Ordinance Nos. 4009 through 4013 amending the City's Comprehensive Plan to include the Midway Subarea Plan and Land Use Plan Map as further amended tonight to exclude parcels #7790000005, 2222049113 and 2122049068 from changes to land use plan map designations; Kent City Code to include Definitions, Zoning Districts, Uses, Development Standards, Design Guidelines, Project Permit Application Framework and Administration; and Zoning Districts Map as further amended tonight to exclude the same three aforementioned parcels from changes to zoning districts map designations. Ranniger seconded. Albertson expressed the hope that the Kapelas understand that there is no guarantee of any future rezone. Higgins spoke highly of the plan and said honoring a request from a landowner is fair. The motion then carried. C. Medical Cannabis Moratorium Extension. (CFN-1320) During the Public Comment section of this meeting, Don Skakie, 4313 2nd Place, Renton, asked the Council to consider ending the moratorium because people have not had safe access to medical marijuana. City Attorney Brubaker distributed copies of a new zoning ordinance to replace the one in the agenda packet, noted that it had been discussed at the Economic & Community Development Committee meeting yesterday, and explained that the change in the ordinance is the effective date. He suggested extending the mora- torium in order to avoid a gap of unregulated time for medical marijuana collective gardens to operate between the expiration of the current moratorium and the effective date of any zoning ordinance. It was clarified that the current moratorium expires on January 5, 2012, and that an emergency moratorium ordinance could be passed at the January 3, 2012, Council meeting. Raplee moved to adopt Ordinance No. 4014 establishing a six-month extension on the emergency six-month moratorium within the City of Kent on the establishment, 6 Kent City Council Minutes December 13, 2011 location, operation, licensing, maintenance or continuation of medical marijuana collective gardens or dispensaries. Thomas seconded. Albertson said there is no need for this ordinance at this time; Higgins said a moratorium feeds irrational paranoia around the issue; Perry said a zoning package is ready for the Council to consider, making the moratorium unnecessary. Upon a roll call vote, the motion to adopt Ordinance No. 4014 extending the medical cannabis moratorium then failed 4- 2 with Raplee and Thomas in favor and Albertson, Higgins, Perry and Ranniger opposed. D. Medical Cannabis Zoning. (CFN-1320) Planning Services Director Satterstrom said differences between federal and state laws make this a difficult zoning issue, but that the Law Department and the Economic & Community Development Committee have developed a relatively straight forward ordinance for Council's consideration. He reiterated that a new version of the ordinance has been provided tonight and re- viewed it. Earlier in the meeting, under Public Comments, Philip Dawdy, Washington Alternative Medicine Alliance, 1608 E. Republican Street, Seattle, stated that seven cities in Washington have enacted regulations and that nothing bad has happened in those communities, and urged the Council to adopt the ordinance. Jared Allaway, 35810 16th Avenue South, #F303, Federal Way, also spoke in favor of the ordinance, and said employees of airplane manufacturers have to work with much more hazardous substances than cannabis. A lengthy discussion including the consequences or adopting and not adopting the proposed ordinance, the legality of growing and using cannabis, and zoning issues, was then held. Perry moved to recommend adoption of Ordinance No. 4015 for the proposed medical cannabis collective garden. Higgins seconded. Albertson, Higgins and Perry spoke in favor of the ordinance, citing the need for regulations, the need for safety for the patients, and the lack of public opposition. Ranniger, Raplee and Thomas spoke in opposition noting that the use of cannabis is illegal, that definitions aren't clear, and that state legislation is confusing. Albertson voiced concern that all of Kent will be open for collective gardens as soon as the moratorium expires on January 5; Raplee pointed out that the Council could extend the moratorium on January 3. Brubaker agreed to research whether the moratorium could become effective immediately upon passage. Upon a roll call vote, the motion to adopt Ordinance No. 4015 failed 3-3 with Albertson, Higgins and Perry in favor, and Ranniger, Raplee and Thomas opposed. E. 2011 Tax Lew for 2012 Budget. (CFN-104) Finance Director Nachlinger explained that the first proposed ordinance authorizes an increase in the regular property tax to 1% over the previous maximum allowed tax levy, and the second proposed ordinance levies the tax for collection in 2012. He noted that the levy is $19,892,138 for the General Fund, and that it reflects a substantial reduction due to the formation of the Regional Fire Authority and includes an increase due to the Panther Lake Annexation. Raplee moved to adopt Ordinance Nos. 4016 and 4017 7 Kent City Council Minutes December 13, 2011 increasing the property tax levy and levying the property tax for collection in 2012. Ranniger seconded and the motion carried. F. 2012 Operating Budget Ordinance and Fee Resolution and Ordinances. (CFN-186) Finance Director Nachlinger explained the purpose of the four proposed ordinances and one proposed resolution. Raplee moved to adopt Ordinance Nos. 4018, 4019, 4020, and 4021, and Resolution No. 1851 adopting the 2012 budget; establishing and amending regulatory fees; updating and establishing fee schedules; reducing the scheduled rate increase for storm water utility rates from 15% to 5%; and raising the internal amount of water, sewer and storm drainage utility tax to contribute to the cost of providing street lighting and fire suppression, and to free up available additional funding for information technology capital programs and street overlays. Perry seconded. Higgins said this budget is the result of many compromises and said he would like to make the city more sustainable in the future. Albertson said she cannot support this budget because it does not address all of the revenue options available through the state. Perry agreed with Albertson, but said she would reluctantly support the budget. She emphasized that the internal utility tax being implemented will fund street lighting, fire suppression, technology improvements and street overlays, and that it will not affect taxpayers. Thomas spoke in opposition to this budget due to the nearly $5,000,000 collected in taxes related to the Regional Fire Authority. Albertson pointed out that the people voted overwhelmingly for the Regional Fire Authority. Raplee said it is difficult to let good employees go, but that the proposed budget is the best they can do for right now. Upon a roll call vote, the motion carried 4-2 with Higgins, Perry, Ranniger, and Raplee in favor, and Albertson and Thomas opposed. G. Comprehensive Plan Amendment to Include 2012-2017 Capital Improve- ment Plan. (CFN-775/377/961) Finance Director Nachlinger explained the proposed ordinance and Perry moved to adopt Ordinance No. 4022 amending the Capital Facilities Element of the Comprehensive Plan to include the City's Capital Improve- ment Plan for 2012-2017. Raplee seconded and the motion carried. H. Comprehensive Plan/Capital Facilities Element Amendment and Update to Kent City Code Chapter 12.13. (CFN-775/961/1000) Perry moved to adopt Ordinance Nos. 4023 and 4024, amending the Capital Facilities Element of the Comprehensive Plan to include the amended Capital Facilities Plans of the Kent, Federal Way, and Auburn School Districts, and amending the school impact fees established in Section 12.13.160 of the Kent City Code. Raplee seconded and the motion carried. REPORTS A. Council President. (CFN-198) Perry noted that a new Council President will be elected in January. B. Mayor. (CFN-198) No report was given. C. Administration. (CFN-198) No report was given. 8 Kent City Council Minutes December 13, 2011 D. Economic & Community Development Committee. (CFN-198) Perry outlined the committee's achievements over the past year. E. Operations Committee. (CFN-198) It was noted that there will not be a meeting on January 3. F. Parks and Human Services Committee. (CFN-198) No report was given. G. Public Safety Committee. (CFN-198) No report was given. H. Public Works Committee. (CFN-198) No report was given. I. Reaional Fire Authority. (CFN-198) Perry noted that discussions are being held on agreements between the City and the Fire Authority. She said she will provide agenda packets for the January meeting to the Council members who are on this committee in 2012. ADJOURNMENT The meeting adjourned at 10:10 p.m. (CFN-198) Brenda Jacober, CMC City Clerk 9 KENT WA-HI N GTON Kent City Council Workshop December 13, 2011 Council members Present: Albertson, Higgins, Perry, Ranniger, and Thomas The meeting was called to order at 5:38 by Council President Perry Intergovernmental Issues. Council members reported on attendance at recent regional meetings and noted upcoming meetings. Michelle Wilmot said she will provide an update on redistricting tomorrow. Special Legislative Session Update. Doug Levy informed Council members of the status of various legislative issues. Legislative Platform. Wilmot explained the process for developing the legislative agenda each year and provided a draft of the 2012 agenda containing the top priorities, key issues, support/oppose, and track/monitor items. A discussion of some of the issues was held and Levy responded to questions from Council members. Council President. Perry pointed out that her term as Council President will soon expire and that a new Council President must be elected. It was noted that Elizabeth Albertson and Dennis Higgins are both interested in filling that role, and each responded to six questions asked by Council member Ranniger. After Albertson and Higgins had left the room, a discussion of the qualifications of each candidate was held. The meeting adjourned at 6:55 p.m. Brenda Jacober, CMC City Clerk KENT Agenda Item: Consent Calendar — 7C TO: City Council DATE: January 3, 2012 SUBJECT: 640 Zone Water Reservoir Painting — Accept as Complete MOTION: Accept the 640 Zone Water Reservoir Painting Project as complete and release retainage to Hennig Mural Design, Inc. upon receipt of standard releases from the state and release of any liens. The original contract amount was $47,176.53. The final contract amount was $49,933.78. SUMMARY: The 640 Zone Water Reservoir is located at the southeast corner of 124th Ave SE and SE 248th Street. The reservoir is 75 feet in diameter and 137 feet tall and was completed this fall. The Conditional Use Permit for the project required a mural on the outside of the tank. After soliciting Statements of Qualifications from painting firms, a panel of Public Works and Parks personnel selected Hennig Mural Design, Inc. to design and paint the mural. The mural includes trees, shrubs and sky to blend in with the surrounding landscape for a more natural look. The work is now complete and the project is ready to closeout. EXHIBITS: None RECOMMENDED BY: Public Works Director BUDGET IMPACTS: Funds for the mural have been budgeted in the 640 Zone Water Reservoir project. KENT Agenda Item: Consent Calendar — 7D TO: City Council DATE: January 3, 2012 SUBJECT: Appointment to Kent Arts Commission — Confirm MOTION: Confirm the Mayor's appointments of Suzanne Smith, Heather Haggin, Jordan Gormley and Jared McAboy to the Kent Arts Commission, authorize the Mayor to designate which youth member will serve the one-year "youth representative" term, and in addition, confirm Jack Becvar's reappointment to the Kent Arts Commission. SUMMARY: Confirm the appointment of Suzanne Smith to fill Dana Ralph's unexpired term on the Arts Commission through October 31, 2013. Heather Haggin, Jordan Gormley and Jared McAboy are to serve as youth members on the Arts Commission. City ordinance allows for only one "youth representative," but since all appointees qualify for regular membership on the commission, those not designated as the youth representative will serve four year terms. The high school age member may, of course, withdraw upon graduation or at any time during their appointed term. The designated youth representative will serve a one- year term. Jack Becvar will be reappointed for another term through October 31, 2015. EXHIBITS: Memorandum RECOMMENDED BY: Mayor Cooke BUDGET IMPACTS: None CITY OF KENT OFFICE OF THE MAYOR Suzette Cooke, Mayor 4400 0!000�**a 220 4th Avenue South T j Kent, WA 9803K2 E■'� Fax: 253-856-6700 W A S H[UIG ro ti PHONE: 253-856-5700 Memo To: Jamie Perry, Council President City Council Members From: Suzette Cooke, Mayor Date: December 27, 2011 Re: Arts Commission Appointments I request your confirmation of my appointments of Suzanne Smith, Heather Haggin, Jordan Gormley and Jared McAboy, in addition to the reappointment of Jack Becvar to the City of Kent's Arts Commission. Suzanne Smith has supported and participated in PTA programs to bring art and literature to students as well as participated in art selection committees for two Federal Way School District schools, working with the state program to add public art at newly built schools. Suzanne also participated in the Federal Way Coalition of the Performing Arts efforts to build a performing art facility in Federal Way. She will fill Dana Ralph's unexpired term on the commission. Heather Haggin, a junior at Kentwood High School and a Kent resident, has been involved in the arts since she was two, singing, dancing and acting. Her passion is dance and she has been performing on the Allegro Performing Arts performing/ competition team for over ten years and currently assists teaching dance at Allegro. Heather brings great energy and dedication to both the arts and the community. Jordan Gormley is a junior at Kentlake High School and active in the arts with his school as well as in the community. He performs with Allegro Performing Arts Academy and is a member of DECA. In his spare time he makes masks and sews. Jordan is looking forward to joining the commission to share his enthusiasm with the community. Jared McAboy is a junior at Kentridge High School. He is currently involved with the arts primarily through dance and has studied multiple styles. He currently teaches at Allegro Performing Arts Academy and enjoys sharing the experience of dance. Jack Becvar has been serving on the commission, and I am happy to reappoint him for another term. I am pleased to submit these appointments and reappointment for your confirmation. KENT Agenda Item: Consent Calendar - 7E TO: City Council DATE: January 3, 2012 SUBJECT: Appointment to Land Use & Planning Board - Confirm MOTION: Confirm the Mayor's appointments of Alan Gray and Randall Smith, in addition to the reappointment of Jack Ottini to the Land Use and Planning Board. SUMMARY: Jack Ottini is being reappointed to serve another three-year term on the Land Use and Planning Board through December 31, 2014. Alan Gray is being appointed to serve a three-year term on the Land Use and Planning through December 31, 2014. Randall Smith is being appointed to serve a three-year term on the Land Use and Planning Board through December 31, 2014. EXHIBITS: Memorandum RECOMMENDED BY: Mayor Cooke BUDGET IMPACTS: None CITY OF KENT OFFICE OF THE MAYOR Suzette Cooke, Mayor 4400 0!000�**a 220 4th Avenue South T j Kent, WA 9803K2 E■'� Fax: 253-856-6700 W A S H[UIG ro ti PHONE: 253-856-5700 Memo To: Jamie Perry, Council President City Council Members From: Suzette Cooke, Mayor Date: December 27, 2011 Re: Land Use and Planning Board Appointments I request your confirmation regarding my appointments of Alan Gray and Randall Smith, in addition to the reappointment of Jack Ottini to the Land Use and Planning Board (LUPB). Alan Gray and his family have been Kent West Hill residents since 1985. He is a Certified Public Accountant and has a business in Old Downtown Kent. Alan previously served on the LUPB in March 2006 to December 2009. Randall Smith is the owner of All Pro Building Maintenance Co., Inc., a commercial janitorial business located in Kent. Randall feels he brings an objective point of view through his background as a building, land and business owner as well as resident of Kent. Randall has recently served on boards for the Kiwanis and Lions and is currently serving on the Public Facilities District for ShoWare and President of New Connections. Jack Ottini has been Vice Chair of the LUPB for almost three years. He is a long-time resident of Kent, having been born and raised here. He graduated from Kent-Meridian High School, and worked almost 40 years for a local trucking company. I am pleased to submit these appointments for your confirmation. KENT Agenda Item: Consent Calendar — 7F TO: City Council DATE: January 3, 2012 SUBJECT: Appointment to Human Services Commission — Confirm MOTION: Confirm the Mayor's Human Services Commission appointments of Mona Han and Gina Bellisario; the reappointment of David Ott; and the appointment to two consecutive one-year terms of Stewart Kunzelman, and Alina Amkhavong. SUMMARY: David Ott is being reappointed to serve a three-year term on the Human Services Commission through January 1, 2015. Mona Han is being appointed to serve a three-year term on the Human Services Commission through January 1, 2015 Gina Bellisario is being appointed to serve a three-year term on the Human Services Commission through January 1, 2015. Stewart Kunzelman and Alina Amkhavong will serve two consecutive one-year terms as youth members on the Human Services Commission. EXHIBITS: Memorandum RECOMMENDED BY: Mayor Cooke BUDGET IMPACTS: None CITY OF KENT OFFICE OF THE MAYOR Suzette Cooke, Mayor 4400 0!000�**a 220 4th Avenue South T j Kent, WA 9803K2 E■'� Fax: 253-856-6700 W A S H[UIG ro ti PHONE: 253-856-5700 Memo To: Jamie Perry, Council President City Council Members From: Suzette Cooke, Mayor Date: December 27, 2011 Re: Human Services Commission Appointments I request your confirmation regarding my appointments of Mona Han, Gina Bellisario, Stewart Kunzelman, and Alina Amkhavong in addition to the reappointment of David Ott to the Human Services Commission. David Ott has been an outstanding representative for both the business community and West Hill. David has indicated his willingness to serve another term. His fellow Commissioners respect his opinion and appreciate his attention to detail and process. Dave's experience and leadership will be valuable in the event there is a challenging funding cycle in 2012. Mona Han is the Executive Director of Coalition for Refugees from Burma (CRB) since incorporation of the non-profit organization in 2009. CRB helps recently resettled refugees from Burma get better access to services, building capacity and bridging the multi-ethnic community. Mona has an MA in Linguistics and Literature, and an MS in Information Systems. Prior to leading CRB, Mona taught Computer Science to youth at the All Ethnic International Open University program in Thailand. She has also volunteered for projects at various refugee camps along the Thai-Burma border for most of 2008. Gina currently works for the King County Housing Authority in Resident Services. She is familiar with the needs of low income families and the struggles they face daily. She has also had experience working with non-profit agencies. Gina submitted an application to be a Commissioner after meeting with the Commission during a tour of Birch Creek and learning about the work they do. Gina sees this as an opportunity for her to actively participate in her community. Stewart Kunzelman and Alina Amkhavong are from Kent-Meridian High School and will serve as youth members on the Human Services Commission to bring the viewpoint of youth to the discussion. I am pleased to submit these appointments and reappointment for your confirmation. KENT Agenda Item: Consent Calendar - 7G TO: City Council DATE: January 3, 2012 SUBJECT: Singh Automotive Shop, Bill of Sale - Accept MOTION: Accept the Bill of Sale for the Singh Automotive Shop, project permit No. 2073167, for 1 sanitary sewer manhole, cleanout, and 139 linear feet of sewer line, 100 linear feet of new street, 100 linear feet of frontage improvements, 2 catch basins and 135 linear feet of storm sewer line. SUMMARY: The Singh Automotive Shop is located at 10314 SE 244th Street, parcel #783080-0131. EXHIBITS: Bill of Sale RECOMMENDED BY: Public Works Director BUDGET IMPACTS: None MAIL TO: CITY OF KENT ENGINEERING DEPARTMENT 40 a ATTN: 220 - 4TH AVENUE SOUTH ENT WASHINGTON KENT, WASHINGTON 98032 Project: Singh Automotive ir,7Shop /_�7 Permit #: KIVA #RECC 20731 1 /w7 3/t® KIVA #RI 2073220 Location: 10314 SE 244°h St. Kent, WA Parcel #: 783080-0131 4la `Fa3 BILL OF SALE CITY OF KENT KING COUNTY, WASHINGTON THIS INSTRUMENT made this 7th day of November 2011 by and between Singh Automotive Shop hereinafter called "Grantors", and City of Kent, a municipal corporation of King County, State of Washington, hereinafter called "Grantee": WITNESSETH: That the said Grantors for a valuable consideration does hereby grant, bargain, sell to Grantee the following described improvements: A. WATERMAINS: Together with a total of 0 gate valves at $ 0 each, hydrants at $ each and/or any other appurtenances thereto. ON FROM TO (street, easement, etc.) Including ------- linear feet at $ per LF of (size &type) ------ - waterline. B. SANITARY SEWERS: Together with a total of 1 manholesT cleanout at $ S00 each and/or any other appurtenances thereto. ON FROM TO (street, ear) SE 2441h St. 80 ft. w/o 1081h Ave. SE 139 ft. w/o 1081h Ave. SE Including 139 linear feet at $ _ 33 per LF of 8 inch (size &type) PVC sewerline. Bill of Sale 1of5 C. NEW STREETS: Together with curbs, gutters, sidewalks, and/or any other appurtenances ON FROM TO (street, e -r' .,. ` SE 2441h St. 120 ft. w/o 1081h Ave. SE 320 ft. w/o 1081h Ave. SE Including 100 ft. linear feet at $ 18 per LF of 3"/2"/6" (size &type) 5 112 ft. wide AC (improvement). D. FRONTAGEIMPROVEMENTS: Together with lights, trees, landscaping (except residential streets) and/or any other appurtenances ON FROM TO (street, easement, etc.) SE 2441h St. 120 ft. w/o 108th Ave. SE 320 ft. w/o 1081h Ave. SE Including 100 ft. linear feet at $ 22 per LF of 5 ft. wide (size &type) concrete sidewalk (improvement). E. STORM SEWERS: Together with a total of 0 manholes at $ 0 each or total of 2 catch basins at $ 1,650 each, LF of biofiltration swale or drainage ditch with a total cost of $ cubic feet of detention pond storage with a total cost of$ and/or any other appurtenances thereto. ON FROM TO (street, easement, etc.) SE 2441h St. 197 w/o 108th Ave. SE 220 w/o 1081h Ave. SE Including 135 linear feet at $ 30 per LF of 12 inch (size &type) PVC sewerline. To have and to hold the same to the said Grantee, its successors and assigns forever. The undersigned hereby covenants that it is the lawful owner of said property; and that the same is free from all encumbrances; that all bills for labor and materials have been paid; that it has the right to sell the same aforesaid; that it will warrant and defend the same against the lawful claims and demand of all person(s). The Bill of Sale is given on consideration of the agreement of the Grantee for itself, its successors and assigns to incorporate said utilities in its utility system and to maintain them as provided in the applicable City Ordinances. The City accepts the items subject to staff approval and completion of a 2 year maintenance period. Bill of Sale 2of5 IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed on this L day of 20 . IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed on this day of 20 X �g �"_ STATE OF WASHINGTON ) ) SS COUNTY OF KING ) On this I day of 20 PI before me, the undersigned A Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared S�r)r t 3k"rid, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged to me that he/she signed and sealed this instrument as his/her free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this P day of od 20 f P t'a otary Public in and for the State of Washington, residing at +k A uZ r My Commission Expires: tP [if`)Ilse— Bill of Sale 3of5 STATE OF WASHINGTON ) ) SS COUNTY OF KING ) On this day of 20 before me, the undersigned A Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared and to me to be the and respectively of the that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said instrument. Witness my hand and official seal hereto affix the day and year first above written. Notary Public in and for the State of Washington, residing at My Commission Expires: The Bill of Sale is given and accepted pursuant to a motion duly made, seconded, and passed by the City Council of the City of Kent, King County, Washington, on the day of 20 Bill of Sale 4of5 .40 a KENT WASHINOTOM ENGINEER'S CERTIFICATION CITY OF KENT KING COUNTY, WASHINGTON The figures used on the Bill of Sale for Singh Automotive Shop project dated November 7 2011 for the same said Singh Automotive Shop project. John E. Medina the undersigned P.E. or land surveyei is the person responsible for the preparation of the Bill of Sale and is an engp}oyee principle of BMS Engineering Services, LLP the firm responsible for the preparation of the record drawings. % j Signat ,0� (En eer stamp required) a r �,36690 y` ss�o, EXPIRES 09.27 _�_ I Bill of Sale 5 of 5 KENT Agenda Item: Consent Calendar - 7H TO: City Council DATE: January 3, 2012 SUBJECT: Rite Aid, Bill of Sale - Accept MOTION: Accept the Bill of Sale for the Rite Aid project, Permit No. 2061144, for 2 gate valves, 2 hydrants, and 310 linear feet of waterline. SUMMARY: Rite Aid is located at Meeker & Washington Avenue. Parcel #'s 5436200524 and 5436200526. EXHIBITS: Bill of Sale RECOMMENDED BY: Public Works Director BUDGET IMPACTS: None MAIL TO: CITY OF KENT ENGINEERING DEPARTMENT ATTN: 3ACKIE BICKNELL xT 220 — 4TH AVENUE SOUTH WASH H o r o s KENT, WASHINGTON 98032 Project: RITE AID (MEEKER SQUARE COMMERCIALI RECEIVEDPermit #: RFCC 2061144 FEB08 2011 Location: MEEKER ST &WASHINGTON AVE Parcel #: 5436200524 &5436200526 CITY OF KENT ENGINEERING DEPT BILL OF SALE CITY OF KENT KING COUNTY, WASHINGTON THIS INSTRUMENT made this day of FEBRUARY 2011, by and between PRIUM MEEKER MALL, LLC, hereinafter called "Grantors", and City of Kent, a municipal corporation of King County, State of Washington, hereinafter called "Grantee": WITNESSETH: That the said Grantors for a valuable consideration does hereby grant, bargain, sell to Grantee the following described improvements: A. WATERMAINS, Together with a total of 2 gate valves at $ 300 each, 2 hydrants at $ 3,000 each and/or any other appurtenances thereto. ON FROM TO (street, easement, etc.) ONSITE PUBLIC EASEMENT A POINT 50' N OF MEEKER ST A POINT 200' N OF MEEKER ST Including 310 linear feet at $ 90 per LF of 10" DIA (size &type) CL 52 DI waterline. B. SANITARY SEWERS: Together with a total of manholes at $ each and/or any other appurtenances thereto. ON FROM TQ (street, easement, etc.) Including linear feet at $ per LF of (size &type) sewerline. Bill of Sale 1 of 4 C. NEW STREETS: Together with curbs, gutters, sidewalks, and/or any other appurtenances ON FROM TO (street, easement, etc.) Including linear feet at $ per LF of (size &type) (Improvement). D. FRONTAGEIMPROVEMENTS: Together with lights, trees, landscaping (except residential streets) and/or any other appurtenances ON FROM TO (street, easement, etc.) Including linear feet at $ per LF of (size &type) (improvement). E. STORM SEWERS: Together with a total of manholes at $ each or total of catch basins at $ each, LF of biofiltration swale or drainage ditch with a total cost of $ cubic feet of detention pond storage with a total cost of$ and/or any other appurtenances thereto. ON FROM TO (street, easement, etc.) Including linear feet at $ per LF of (size & type) sewerline. To have and to hold the same to the said Grantee, its successors and assigns forever. The undersigned hereby covenants that it is the lawful owner of said property; and that the same is free from all encumbrances; that all bills for labor and materials have been paid; that it has the right to sell the same aforesaid; that it will warrant and defend the same against the lawful claims and demand of all person(s). The Bill of Sale is given on consideration of the agreement of the Grantee for itself, its successors and assigns to incorporate said utilities in its utility system and to maintain them as provided in the applicable City Ordinances. The City accepts the Items subject to staff approval and completion of a 2 year maintenance period. Bill of Sale 2 of 4 IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed on this day of February, 2011. Prium Meeker Mall, LLC By: Prium Companies LLC, member / By: Hy 7 Urr�y member STATE OF WASHING((TON ) ) SS COUNTY OF PIERCE ) On this—&-- day of February, 2011, before me, the undersigned A Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Hyun J. Um known to me to be the member of Prium Companies LLC, the member of Prium Meeker Retail LLC, the owner that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said Company for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said instrument. Witness my hand and official seal hereto affix the day and year first above written. Notary' Public in and rof the State of Washington, residing at My Commission Expires: The Bill of Sale is given and accepted pursuant to a motion duly made, seconded, and passed by the City Council of the City of Kent, King County, Washington, on the day of 120 The Bill of Sale is given and accepted pursuant to a motion duly made, seconded, and passed by the City Council of the City of Kent, King County, Washington, on the day of 20 Bill of Sale 3 of 4 W A S H I N G T O N ENGINEER'S CERTIFICATION CITY OF KENT KING COUNTY, WASHINGTON The figures used on the Bill of Sale for RITE AID [MEEKER SQUARE COMMERCIAL] project dated February 2011, for the same said WATERMAIN RELOCATION project. JOHN E KNOWLES the undersigned P.E. or land surveyor is the person responsible for the preparation of the Bill of Sale and is an employee of JOHN KNOWLES & ASSOCIATES, INC the firm responsible-for the preparatie e record diwivings. KN® orvAsyl�Cl�� CIVIL ENGINEERING JOHN KNOWLES & ASSOCIATES, INC. Signature 1, (Engineer stamp required) .026114� �' P.O. Box 93ae, Puyallup, WA 98 37 9-0197 � 1 (253) 5;1:1.9400 3-`01VAL ' Bill of Sale 4 of 4 KENT Agenda Item: Consent Calendar - 7I TO: City Council DATE: January 3, 2012 SUBJECT: Riverbend Commerce Center, Bill of Sale - Accept MOTION: Accept the Bill of Sale for the Riverbend Commerce Center for 5 gate valves, 2 hydrants, and 90 linear feet of waterline; 9 sewer manholes and 1,056 linear feet of sanitary sewer line; 4,250 linear feet of new streets, 14 catch basins and 1,498 linear feet of storm sewer line. SUMMARY: The Riverbend Commerce Center is located at 79th Avenue South at South 266th Street and includes five tax parcels. EXHIBITS: Bill of Sale RECOMMENDED BY: Public Works Director BUDGET IMPACTS: None Bill of Sale Page 1 of 3 T WASHINGTON MAIL TO: ENGINEERING DEPARTMENT ATTN: 220 4m AVENUE SOUTH KENT,WASHINGTON 98032 PROJEC"CAiverb end Commerce Center LOCATION: 79th Ave. S. at TAXACCTNO: .�A.Pe—'{r 050 BILL OF SALE j�Fic 2 4aC Sv CITY OF KENT �� o790-667 KING COUNTY,WASHHNGTON 1 THIS INSTRUMENT made this �, day of Ir" A,4. 20 04 ,by and between Opus Northwest, LLC hereinafter called"Grantors",and City of Kent,a municipal corporation of King County,State of Washington,herinafter called"Grantee": WITNESSETH: That the said Grantors for a valuable consideration,does hereby grant,bargain,sell to Grantee the following described improvements: A. WATERMAINS: together with a total of 5 gate valves at$ 800 each, 2 hydrants at$ 950 each and/or any other appurtenances thereto. ON Frontage FROM S. 266th St. TO 79th Ave. South (street,esmt,etc) Including 90 linear Feet at$ 22.00 per LF of 8-inch D.I. (size&type) waterline. B. SANITARY SEWERS; Together with a total of 9 manholes at $ 1,400 each and/or any other appurtenances thereto. ON Frontage FROM S. 266th St. TO 79th Ave. S. (street,esmt,etc) 79th Ave. S. S. 261st St. Including 1,056 linear feet at$ 25.00 per LF of 8-inch PVC (size&type) sewer line. C. STREETS: Together with curbs,gutters,sidewalks,and/or any other appurtenances thereto. ON Frontage FROM S 266th St. TO 79th Ave. S. (street,esmt,etc) 79th Ave. S. S. 261st St. Including 4,250 centerline LF at$ 40.00 per LF of industrial Collector (type)streets, Feet asphalt roadway. Arterial D. STORM SEWERS: Together with a total of manholes at$ each or a total of 14 catch basins at$ 850 each, LF of bioBltration swale or drainage ditch with a total cost of$ Page 1 of 3 Bill of Sale Bill of Sale Page 2 of 3 CF of detention pond storage with a total cost of$ ,and/or any other appurtenances thereto. ON Frontage FROM S. 266th St. TO 79th Ave. S. (street,esmt,etc) 79th Ave. S. S. 261st St. Including 1,498 linear feet at 20.00 per LF of 12-inch CPEP (size&type) sewer line. To have and to hold the same to the said Grantee,its successors and assigns forever. The undersigned hereby covenants that it is the lawral owner of said property;and that the same is free from all encumbrances;that all bills for labor and material have been paid;that it has the right to sell the same aforesaid;that it will warrant and defend the same against the lawful claims and demand of all person. The Bill of Sale is given on consideration of the agreement of the Grantee for itself,its successors and assigns to incorporate said utilities in its utility system and to maintain them as provided in the applicable City Ordinances. IN WITNESS WHEREOF,the undersigned has caused this instrument to be executed on this a W day of A,1, .20� STATE OF WASHINGTON ) )SS COUNTY OF KING VV ) On this B 4 day of Y""4� 20 09 ,before me,the undersigned A Notary Public in and for the�Washington,duly commissioned and sworn,Personally appeared to me known to be the individual described in and who executed the foregoing instrument,and acknowledged to me that he/she signed and sealed this instrument as his/her free and voluntary act and deed for the uses and purposes therein mentioned. d GIVEN under my hand and official seal this � day of mil'v 20 Cs-4 a9oE3EE4&8BBA6�� �� ,y""_ _" � ��Ois✓�2.s—_._...� Notary Public h ndforthe dew C,�moe•.. ���pn State of Washington,residing at �9 wv p 1 3 M Commission Expires: Y P �P�yr� t6Atfi""^��®�®k STATE OF WASHINGTON ) )SS COUNTY OF KING ) On this day or ,20 ,before me,the undersigned,a Notary Public in and for the State of Washington,duly commissioned and sworn,personally appeared and to me known to be the and respectively of the that executed the foregoing instrument,and acknowledged the said instrument to be the free and voluntary act and deed of said for the uses and purposes therein mentioned,and on oath stated that they are authorized to execute the said instrument. Paget of Bill of Sale Bill of Sate Page 3 of 3 Witness my hand and official seal hereto affix the day and year first above written. Notary Public in and for the State of Washington,residing at My Commission Expires: The Bill of Sale is given and accepted pursuant to a motion duly made,seconded,and passed by the City Council of the City of Kent,King County,Washington,on the day of ,20 Page 3 of 3 Bill of Sale ENT WASH IN GTON ADDENDUM TO BILL OF SALE CITY OF KENT KING COUNTY,WASHINGTON The figures used on the Bill of Sale for Riverbend Comerce Center �7 project dated 9 t'0 dii Z.CJa�-� ,were based on the"As-Built"Engineering Plans dated 2/16/2000 ,for the same said Riverbend-Commerce Center project. Daniel K. Balmelli the undersigned P.E.or land surveyor is the person responsible for the preparation of the Bill of Sale and is an employee of Barghausen Consulting Engineers ,the firm responsible for the preparations of the"As-Built'Engineering Drawings. Signature w," Agenda Item: Other Business - 8A TO: City Council DATE: January 3, 2012 SUBJECT: Medical Cannabis Zoning Ordinance MOTION: Move to adopt Ordinance No. prohibiting the land use and operation of medical cannabis collective gardens within special land use zones in the city of Kent. SUMMARY: On November 14, 2011, the Economic and Community Development Committee voted on proposed medical cannabis definition and zoning options relating to medical cannabis collective gardens for recommendation to the City Council. The attached ordinance reflects the recommendation of the ECDC committee following the November 14, 2011, hearing and December 12, 2011, meeting. EXHIBITS: Staff Memo and Ordinance RECOMMENDED BY: Economic & Community Development Committee BUDGET IMPACTS: None ECONOMIC and COMMUNITY DEVELOPMENT Ben Wolters, Director PLANNING DIVISION Fred N. Satterstrom, AICP, Planning Director KENT Charlene Anderson, AICP, Manager WAs.vNlNcran Phone: 253-856-5454 Fax: 253-856-6454 Address: 220 Fourth Avenue S Kent, WA 98032-5895 January 3, 2012 TO: Council President Jamie Perry and Council Members FROM: Katie Graves, Planner RE: Medical Cannabis Collective Gardens [ZCA-2011-2] For the meeting of January 3, 2012 MOTION: Move to recommend/not recommend/amend adoption of the proposed medical cannabis collective garden ordinance. SUMMARY: On December 12, 2011, the Economic and Community Development Committee voted on a proposed medical cannabis ordinance that includes a collective garden definition and specific locational regulations. The ordinance was presented at the December 13, 2011 Council meeting, where it was deadlocked by a 3-3 vote. It is on the January 3, 2012 agenda at the request of the Council President. BUDGET IMPACT: None BACKGROUND: During the 2011 legislative session, E2SSB 5073 was passed, legalizing medical cannabis collective gardens, but clearly stating that medical cannabis dispensaries are illegal. A medical cannabis "collective garden" is an area or garden where qualifying patients engage in the production, processing, transporting, and delivery of cannabis for medical use as defined in state law (RCW 69.51A). Collective gardens can be run by up to 10 qualified patients with a maximum of 15 cannabis plants per patient, up to a total of 45 plants, and a maximum of 24 ounces of useable cannabis per patient, up to a total of 72 ounces. This legislation became effective on July 22, 2011. The new law delegates to cities the authority to implement zoning requirements, business licensing requirements, health and safety requirements, and business taxes on collective gardens. Possession, use, growth, and distribution of cannabis, whether or not it is for medical use, are still illegal under Federal law. On July 5, 2011, Kent City Council passed an emergency 6-month moratorium on medical cannabis to allow time to determine an appropriate regulatory framework for collective gardens. A public hearing on the moratorium was held by Council on July 19, 2011 and staff was directed to research regulatory options. Staff presented preliminary findings for MEMORANDUM: City Council January 3, 2011 Page 2 information only at the September 12, 2011 ECDC workshop and was directed by ECDC members to provide zoning options for the location of medical cannabis collective gardens. A public hearing was held on October 10, 2011 to discuss proposed collective garden definitions, options for allowed zones (including an option to not allow collective gardens at all), and options for separation requirements from other uses. At the November 14, 2011 ECDC meeting, the committee voted to recommend adoption of the following: medical cannabis definition that references RCW 69.51A; allow collective gardens in certain commercial and industrial zones, including CM-1, CM-2, M1, MI-C, M2, and M3, and GC, and GC-MU; require collective gardens to be at least 750' from a public or private school; and limiting collective gardens to only one garden per tax parcel. At the December 12, 2011 ECDC meeting, the Law Department presented an ordinance that instead of identifying the zones where collective gardens are permitted, it states what zones collective gardens are not permitted in, allowing the city to be in a less "permissive" regulatory position. In addition, it includes the separation requirement of 750' from a public or private school, and limits collective gardens to only one garden per tax parcel. This ordinance was presented at the December 13, 2011 City Council meeting, but did not receive enough votes to pass. The SEPA Responsible Official has determined that the proposed amendments are not categorically exempt from SEPA review under WAC 197-11-800(19) and 11.03.200 Kent City Code; therefore, a SEPA analysis was conducted. The amendments were determined to have no environmental impact, and a Determination of Nonsignificance was issued on September 26, 2011. Attached is the ordinance that reflects the proposed zoning code amendments, as recommended by the ECDC Committee. Staff will be present at the January 3, 2012 City Council meeting to answer any questions. KG\pm S:\Permit\Plan\ZONING_CODE_AMENDMENTS\2011\ZCA-2011-2 Medical_Cannabis\Council\SDdfMem01_3_2012.doc End Draft Ordinance cc: Ben Wolters, Economic and Community Development Director Fred Satterstrom,AICP, Planning Director Charlene Anderson,AICP, Planning Manager Tom Brubaker, City Attorney Pat Fitzpatrick, Deputy City Attorney David Galazin,Assistant City Attorney Project File ZCA-2011-2 ORDINANCE NO. AN ORDINANCE of the city council of the city of Kent, Washington, amending Title 15 of the Kent City Code, to specify zones in the city in which medical cannabis collective gardens are not permitted. RECITALS A. Recent amendments to Chapter 69.51A RCW, relating to the medical use of cannabis, have expanded the scope of certain activities, involving the use of cannabis for medical purposes, that are permitted under state law. B. Section 69.51A.085 RCW allows "qualifying patients" to create and participate in "collective gardens" for the purpose of producing, processing, transporting, and delivering cannabis for medical use, subject to certain conditions. C. Section 69.51A.140 RCW delegates authority, to cities and towns, to adopt and enforce zoning requirements, business licensing requirements, health and safety requirements, and business taxes, as 1 Medical Cannabis Collective Garden Zoning Amend KCC Title 15 those requirements and taxes relate to the production, processing, or dispensing of medical cannabis within their jurisdictions. D. The city council understands that approved medical uses of cannabis may provide relief to patients suffering from debilitating or terminal conditions, but potential secondary impacts from the establishment of facilities for the growth, production, and processing of medical cannabis are not appropriate for all zoning designations within the city, nor should such facilities be in close proximity to schools. E. The city council further understands that while the medical benefits of cannabis have been recognized by the state legislature, cannabis remains a Schedule I controlled substance under the federal Controlled Substances Act (CSA), and possession and use of cannabis is still a violation of federal law. The city council wishes to exercise the authority granted pursuant to state law in order to distinguish those zoning districts within the city in which the establishment of collective gardens will be deemed to be a violation of city zoning ordinances, but the city council expressly disclaims any intent to exercise permitting authority over collective gardens in a manner that would directly conflict with the CSA. F. The City's State Environmental Policy Act (SEPA) official issued a Determination of Nonsignificance on September 26, 2011. G. On September 23, 2011, notice was sent to the Washington State Department of Commerce requesting expedited review. On, October 10, 2011, the City was granted expedited review 2 Medical Cannabis Collective Garden Zoning Amend KCC Title 15 and was informed that it had met the Growth Management Act notice requirements under RCW 36.70A.106. H. The Economic and Community Development Committee considered this matter at its September 12, 2011 workshop, and held a public hearing on October 10, 2011. The matter was also considered at the Economic and Community Development Committee meetings on November 14, 2011, and December 12, 2011. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. — Amendment. Chapter 15.02 of the Kent City Code is amended to add a new Section 15.02.074 to read as follows: Sec. 15.02.074. Collective gardens. Collective garden means the growing, production, processing, transportation, and delivery of cannabis, by qualifying patients, for medical use, as set forth in Chapter 69.51A RCW, and subject to the following conditions: A. No more than ten qualifying patients may participate in a single collective garden at any time; 3 Medical Cannabis Collective Garden Zoning Amend KCC Title 15 B. A collective garden may contain no more than fifteen plants per patient up to a total of forty-five plants; C. A collective garden may contain no more than twenty-four ounces of useable cannabis per patient up to a total of seventy- two ounces of useable cannabis; D. A copy of each qualifying patient's valid documentation, including a copy of the patient's proof of identity, must be available at all times on the premises of the collective garden; and E. No useable cannabis from the collective garden is delivered to anyone other than one of the qualifying patients participating in the collective garden. SECTION 2. - Amendment. Chapter 15.08 of the Kent City Code is amended by adding a new Section 15.08.290 to read as follows: Sec. 15.08.290. Medical cannabis collective gardens. A. Collective gardens, as defined in KCC 15.02.074, are prohibited in the following zoning districts: 1. All agricultural districts, including A-10 and AG; 4 Medical Cannabis Collective Garden Zoning Amend KCC Title 15 2. All residential districts, including SR-1, SR-3, SR-4.5, SR-6, SR-8, MR-D, MR-T12, MR-T16, MR-G, MR-M, MR-H, MHP, MTC-I, MTC-2, and MCR; 3. The following commercial/office districts: NCC, CC, DC, DCE, O, and GWC; 4. The following industrial district: MA; and 5. Any new district established after January 15, 2012. B. Collective gardens are prohibited within the area circumscribed by a circle which has a radius consisting of the following distances from the following specified uses or zones: 1. Within seven hundred fifty (750) feet of any public or private school. C. The distances provided in this section shall be measured by following a straight line, without regard to intervening buildings, from the nearest point of the building or tenant space in which the collective garden is to be located, to the nearest point of the parcel of property or the land use district boundary line from which the collective garden is to be separated. D. Collective gardens are limited to no more than one per tax parcel. 5 Medical Cannabis Collective Garden Zoning Amend KCC Title 15 E. For purposes of this title, this section KCC 15.08.290 and KCC 15.02.074 shall not be subject to the following provisions of KCC Title 15: 1. KCC 15.09.065, except for KCC 15.09.065(C) pertaining to appeals; and 2. KCC 15.03.040(A), to the extent pertaining to permitted land uses. F. Any violation of this section is declared to be a public nuisance per se, and shall be abated by the city attorney under applicable provisions of this code or state law, including, but not limited to, the provisions of KCC Chapter 1.04. G. Nothing in this section is intended to authorize, legalize, or permit the establishment, operation, or maintenance of any business, building, or use which violates any city, state, or federal law or statute. SECTION 3, - Severability. If any one or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 4, - Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including 6 Medical Cannabis Collective Garden Zoning Amend KCC Title 15 the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. SECTION S. - Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage as provided by law. SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of 20. APPROVED: day of 20. PUBLISHED: day of 20. 7 Medical Cannabis Collective Garden Zoning Amend KCC Title 15 I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK P:\Civil\Ordinance\Med Cannabis Zoning-Mnal.2.docx 8 Medical Cannabis Collective Garden Zoning Amend KCC Title 15 KENT Agenda Item: Other Business — 813 TO: City Council DATE: January 3, 2012 SUBJECT: Medical Cannabis Moratorium Extension Ordinance OPTION 1 (Emergency ordinance, if approved by 5 or more votes): MOTION: Move to adopt Ordinance No. , declaring an emergency and establishing a six-month extension on the moratorium within the City of Kent on the establishment, location, operation, licensing, maintenance or continuation of medical marijuana collective gardens or dispensaries. OPTION 2 (If approved by 4 votes): MOTION: Move to adopt Ordinance No. , establishing 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. SUMMARY: On July 5, 2011, the City Council passed Ordinance No. 3999, establishing an emergency six-month moratorium on the operation of medical marijuana collective gardens or dispensaries. The current six-month moratorium will expire on January 5, 2012, but the council has not yet adopted a zoning ordinance for medical marijuana operations. It would be appropriate, then, to extend the existing ordinance until appropriate zoning and other regulatory controls are in place. Two ordinances are attached. In order to extend the current moratorium before it expires on January 5, the moratorium extension ordinance must include an emergency provision and must be passed with at least 5 votes. If that occurs, the ordinance will take effect immediately, and the current moratorium will be extended without expiring. The second, alternative, ordinance would need to be passed if there were enough votes to approve the moratorium, but not enough votes to constitute a supermajority of the city council. In that case, the moratorium would take effect 5 days after the date the ordinance is published, leaving a gap of approximately one week during which the moratorium would not be in effect. EXHIBITS: Ordinances RECOMMENDED BY: Economic & Community Development Committee BUDGET IMPACTS: None ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, declaring an emergency and renewing for an additional six-month period a moratorium within the city of Kent on the establishment, location, operation, licensing, maintenance or continuation of medical marijuana collective gardens or dispensaries, asserted to be authorized or actually authorized under Chapter 69.51A Revised Code of Washington, or any other laws of the state of Washington, establishing a date for a public hearing on the moratorium, and providing that the moratorium will take effect immediately upon passage. RECITALS and PRELIMINARY FINDINGS A. The possession or distribution of marijuana has been and continues to be a violation of state law pursuant to Chapter 69.50 Revised Code of Washington (Washington's Uniform Controlled Substances Act), and federal law, through the Controlled Substances Act ("CSA"). B. Initiative Measure No. 692, approved by the voters of Washington State on November 30, 1998, and now codified as Chapter 69.51A RCW, created a limited defense to marijuana charges under state, not federal, law if the person charged could demonstrate that he or she was a qualifying patient or designated provider as those terms are defined 1 Emergency Six-Month Moratorium Renewal- Medical Marijuana in Ch. 69.51A RCW. In 2007, the state legislature amended the law, and again in 2011, the state legislature passed a third amendment to the law, E2SSB 5073, Chapter 181, Laws of 2011, portions of which the Governor vetoed. The newly amended law took effect on July 22, 2011. C. The U.S. Department of Justice continues to view all activity involving the use of marijuana, whether for medical purposes or not, as potentially in violation of the CSA, given that marijuana continues to be a Schedule I controlled substance under federal law. Washington's two top U.S. Attorneys, Mike Ormsby and Jenny Durkin, have both carried out raids and other enforcement actions in the past six months against operations that purport to conduct their activities under the guise of state and local permission. D. Because the Governor vetoed 36 of the 58 sections of the legislature's bill amending Chapter 69.51A RCW, the law, in its final form, understandably has inconsistencies and ambiguities. For example, certain sections that were not vetoed make reference to other sections that were vetoed. E. Further, as these legislative amendments developed, Kent saw the establishment of medical marijuana "dispensaries" within city limits. These dispensaries offer marijuana and marijuana products to numerous persons, asserting that they are operating as designated providers within the meaning of Chapter 69.51A RCW as it currently exists. These businesses are variously referred to as dispensaries, cooperatives, patient cooperatives, or patient networks, both for profit and not for profit. 2 Emergency Six-Month Moratorium Renewal- Medical Marijuana These businesses are illegal under both state and federal law, and the city has provided notice to these businesses that they are to cease illegal activity. F. Persons or entities operating these purported medical marijuana dispensaries interpreted the current law to allow storefront operation of distribution centers for medical marijuana. Many of these dispensaries obtained business licenses to operate their businesses using false, misleading, or vague statements. The city continues to receive requests and inquiries from persons interested in operating additional dispensaries in Kent. G. The recent amendments to Chapter 69.51A RCW change the scope and effect of the law. New sections affect the rights of qualifying patients and their designated providers. The law now allows "collective gardens" that provide for growing and cultivating up to 45 plants to serve no more than 10 qualifying patients. The law also provides other changes to the rights and responsibilities of medical marijuana patients and their designated providers. H. RCW Section 69.51A.140 delegates to cities the authority to implement zoning requirements, business licensing requirements, health and safety requirements, and business taxes as those requirements and taxes relate to the production, processing, or dispensing of medical marijuana. In particular, local regulations could address ambiguities concerning the location and operation of collective gardens. I. As other jurisdictions begin to grapple with the imposition of permanent land use controls related to medical marijuana uses, legal pushback from both the federal government and from medical marijuana proponents averse to local regulation have highlighted the potential conflict 3 Emergency Six-Month Moratorium Renewal- Medical Marijuana between local regulatory schemes and the federal CSA, particularly where local regulations amount to "positive conflict' with provisions of the CSA. This is an area of the law that is still evolving. J. The city council passed Ordinance No. 3999, on July 5, 2011, establishing 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, which ordinance was published on July 8, 2011. The city council requires more time to conduct appropriate research to understand the extent of the changes provided in the new law, to analyze impacts and potential liabilities under federal law, to monitor ongoing litigation and state and local governmental responses, and to determine an appropriate regulatory framework for any new uses that are allowed under these laws. The city must ensure that proposed locations for these operations are appropriate and that any potential secondary impacts arising from the operation of these uses or facilities are minimized and mitigated. These secondary impacts may include, but are not limited to, burglaries associated with the cash and marijuana maintained on the site, or an increase of other illegal activities, such as drug use, within the vicinity of these dispensaries. In particular, and without limitation, staff should analyze the impacts of allowing these uses and facilities in residential zones as well as impacts arising from the proximity of these uses and facilities to schools, daycares, parks, religious and cultural facilities, jails and courthouses. K. Due to the complicated nature of this issue, and the competing interests of state and federal law, the city council has been unable to approve associated land use controls during the initial six-month moratorium. If the moratorium expires prior to the adoption of land use controls, marijuana dispensaries and medical cannabis collective gardens could potentially locate in highly sensitive areas of Kent, possibly obtaining 4 Emergency Six-Month Moratorium Renewal- Medical Marijuana rights to remain as legal nonconforming uses even after subsequent adoption of zoning restrictions that would otherwise prohibit them in those locations. Accordingly, the city council finds that this constitutes a public emergency, and that it is necessary for the protection of public health, public safety, public property and the public peace that the existing zoning, licensing, and permitting moratorium be renewed for another six-month period, pending further review of appropriate locations and design requirements of these operations, and monitoring of ongoing impacts of the newly amended law and its interaction with federal law. L. Although the city council determines that renewing the moratorium is necessary for the reasons established above, the city council emphasizes that it understands the needs of persons suffering from debilitating or terminal conditions, as well as the benefits that approved medical use of marijuana may provide these persons. Nevertheless, given the complex legal and regulatory framework surrounding this issue, a moratorium remains necessary until the city council can adequately address the competing interests at play. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1, — Preliminary Findings. The recitals and findings set forth above are hereby adopted as the city council's preliminary findings in support of the moratorium imposed by this ordinance. The city council may, in its discretion, adopt additional findings at the conclusion of the public hearing referenced in Section 5 below. 5 Emergency Six-Month Moratorium Renewal- Medical Marijuana SECTION 2, — Moratorium Renewed. Pursuant to the provisions of Article 11, Section 11 of the Washington State Constitution, RCW 35A.63.220, and RCW 36.70A.390, the existing moratorium is hereby renewed for one six-month period, prohibiting within the city of Kent the establishment, location, operation, licensing, maintenance, or continuation of any medical marijuana collective garden or any medical marijuana dispensary, whether for profit or not for profit, asserted to be authorized or actually authorized under E2SSB 5073, Chapter 181, Laws of 2011, Chapter 69.51A RCW, or any other laws of the state of Washington. No building permit, occupancy permit, or other development permit or approval shall be issued for any of the purposes or activities listed above, and no business license shall be granted or accepted while this moratorium is in effect. Any land use permits, business licenses or other permits for any of these operations that are issued as a result of error or by use of vague or deceptive descriptions during the moratorium are null and void, and without legal force or effect. As used in this ordinance, the following terms have the meanings set forth below: A. "Medical marijuana dispensary" means any business, agency, organization, cooperative, network, consultation operation, or other group, or person, no matter how described or defined, including its associated premises and equipment, which has for its purpose or which is used to grow, select, measure, package, label, deliver, sell, or otherwise transfer (for consideration or otherwise) marijuana for medical use. A person who is the designated provider for only one qualified patient during any 15 day period and who complies with Chapter 69.51A RCW, shall not be deemed a medical marijuana dispensary for the purposes of this moratorium. 6 Emergency Six-Month Moratorium Renewal- Medical Marijuana B. "Medical marijuana collective garden" means a group of qualifying patients that share responsibility for acquiring and supplying the resources required to produce and process marijuana for medical use. Examples of collective garden resources would include, without limitation, the following: property used for a collective garden; or equipment, supplies, and labor necessary to plant, grow and harvest marijuana; marijuana plants, seeds, and cuttings; and equipment, supplies, and labor necessary for proper construction, plumbing, wiring, and ventilation of a garden of marijuana plants. A medical marijuana collective garden shall satisfy the above definition regardless of its formation, ownership, management, or operation as a business, agency, organization, cooperative, network, consultation operation, group, or person. A person who is the designated provider for only one qualified patient during any 15 day period and who complies with Chapter 69.51A RCW or a person who is a qualified patient and who complies with 69.51A RCW, shall not be deemed a medical marijuana collective garden for the purposes of this moratorium. SECTION 3, — No Nonconforminq Uses. No use that constitutes or purports to be a medical marijuana dispensary or medical marijuana collective garden as those terms are defined in this ordinance, that was engaged in that activity prior to the enactment of this ordinance shall be deemed to have been a legally established use under the provisions of the Kent City Code and that use shall not be entitled to claim legal nonconforming status. SECTION 4, — Effective Period for Moratorium Renewal. The moratorium renewal set forth in this ordinance shall be in effect for a period of six months from the date this ordinance is passed and shall automatically expire at the conclusion of that six-month period unless the 7 Emergency Six-Month Moratorium Renewal- Medical Marijuana same is extended as provided in RCW 35A.63.220 and RCW 36.70A.390, or unless terminated sooner by the city council. SECTION S. — Public Hearing. Pursuant to RCW 35A.63.220 and RCW 36.70A.390, the city council held a public hearing to allow public input on this moratorium, at the city council economic and community development committee's regular meeting, at 5:30 p.m. in Council Chambers, Kent City Hall, on Monday, December 12, 2011. SECTION 6, — Referral to Staff. The planning director is hereby authorized and directed to coordinate with the city council's economic and community development committee to develop appropriate land use regulations pursuant to the newly amended law for review and recommendation for inclusion in the zoning regulations or other provisions of the Kent City Code. The finance director is hereby authorized and directed to develop appropriate business licensing and other regulations pursuant to the newly amended law for review and recommendation for inclusion in the zoning regulations or other provisions of the Kent City Code. SECTION 7, — Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION S. — Corrections by City Clerk or Code Reviser. Upon approval of the city attorney, the city clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. 8 Emergency Six-Month Moratorium Renewal- Medical Marijuana SECTION 9, — Effective Date. The city council hereby finds and declares that an emergency exists which necessitates that this ordinance become effective immediately in order to preserve the public health, safety and welfare. This ordinance shall become effective immediately upon passage. The city clerk is directed to publish a summary of this ordinance at the earliest possible publication date. SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of 2012. APPROVED: day of 2012. PUBLISHED: day of 2012. I hereby certify that this is a true copy of Ordinance No. passed by the city council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK P:\Civil\Ordinance\Extended Moratorium Medical Marijuana DispensariesOrdinance]an 2012.docx 9 Emergency Six-Month Moratorium Renewal- Medical Marijuana ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, adopting and reenacting 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, asserted to be authorized or actually authorized under Chapter 69.51A Revised Code of Washington, or any other laws of the state of Washington. RECITALS and PRELIMINARY FINDINGS A. The possession or distribution of marijuana has been and continues to be a violation of state law pursuant to Chapter 69.50 Revised Code of Washington (Washington's Uniform Controlled Substances Act), and federal law, through the Controlled Substances Act ("CSA"). B. Initiative Measure No. 692, approved by the voters of Washington State on November 30, 1998, and now codified as Chapter 69.51A RCW, created a limited defense to marijuana charges under state, not federal, law if the person charged could demonstrate that he or she was a qualifying patient or designated provider as those terms are defined in Ch. 69.51A RCW. In 2007, the state legislature amended the law, and again in 2011, the state legislature passed a third amendment to the law, 1 Six-Month Moratorium Jan 2012-Medical Marijuana E2SSB 5073, Chapter 181, Laws of 2011, portions of which the Governor vetoed. The newly amended law took effect on July 22, 2011. C. The U.S. Department of Justice continues to view all activity involving the use of marijuana, whether for medical purposes or not, as potentially in violation of the CSA, given that marijuana continues to be a Schedule I controlled substance under federal law. Washington's two top U.S. Attorneys, Mike Ormsby and Jenny Durkin, have both carried out raids and other enforcement actions in the past six months against operations that purport to conduct their activities under the guise of state and local permission. D. Because the Governor vetoed 36 of the 58 sections of the legislature's bill amending Chapter 69.51A RCW, the law, in its final form, understandably has inconsistencies and ambiguities. For example, certain sections that were not vetoed make reference to other sections that were vetoed. E. Further, as these legislative amendments developed, Kent saw the establishment of medical marijuana "dispensaries" within city limits. These dispensaries offer marijuana and marijuana products to numerous persons, asserting that they are operating as designated providers within the meaning of Chapter 69.51A RCW as it currently exists. These businesses are variously referred to as dispensaries, cooperatives, patient cooperatives, or patient networks, both for profit and not for profit. These businesses are illegal under both state and federal law, and the city has provided notice to these businesses that they are to cease illegal activity. F. Persons or entities operating these purported medical marijuana dispensaries interpreted the current law to allow storefront 2 Six-Month Moratorium Jan 2012-Medical Marijuana operation of distribution centers for medical marijuana. Many of these dispensaries obtained business licenses to operate their businesses using false, misleading, or vague statements. The city continues to receive requests and inquiries from persons interested in operating additional dispensaries in Kent. G. The recent amendments to Chapter 69.51A RCW change the scope and effect of the law. New sections affect the rights of qualifying patients and their designated providers. The law now allows "collective gardens" that provide for growing and cultivating up to 45 plants to serve no more than 10 qualifying patients. The law also provides other changes to the rights and responsibilities of medical marijuana patients and their designated providers. In Kent, businesses that formerly described their operations as dispensaries are now claiming that they are operating collective gardens. One of these businesses, for example, now declares it is operating as an "access point' for a number of off-site collective gardens. H. RCW Section 69.51A.140 delegates to cities the authority to implement zoning requirements, business licensing requirements, health and safety requirements, and business taxes as those requirements and taxes relate to the production, processing, or dispensing of medical marijuana. In particular, local regulations could address ambiguities concerning the location and operation of collective gardens. I. As other jurisdictions begin to grapple with the imposition of permanent land use controls related to medical marijuana uses, legal pushback from both the federal government and from medical marijuana proponents averse to local regulation have highlighted the potential conflict between local regulatory schemes and the federal CSA, particularly where 3 Six-Month Moratorium Jan 2012-Medical Marijuana local regulations amount to "positive conflict" with provisions of the CSA. This is an area of the law that is still evolving. J. On July 5, 2011, the Kent city council, after holding a public hearing, established a moratorium on the establishment, location, operation, licensing, maintenance, or continuation of any medical marijuana collective garden or any medical marijuana dispensary, whether for profit or not for profit, asserted to be authorized or actually authorized under Chapter 69.51A RCW, or any other laws of the state of Washington. This moratorium is set to expire on or about January 5, 2012. During the period this moratorium was in effect, city staff collaborated with the city's economic and community development committee to develop proposed zoning regulations for the medical marijuana activities affected by the city's moratorium. However, to date, the full council has not yet adopted these proposed land use and zoning controls. K. After holding a public hearing on December 12, 2011, the city council has determined it appropriate to reenact this moratorium until the city council adopts final land use, zoning, and other regulatory controls for medical marijuana activities. The city council requires more time to conduct appropriate research to understand the extent of the changes provided in the new law, to analyze impacts and potential liabilities under federal law, to monitor ongoing litigation and state and local governmental responses, and to determine an appropriate regulatory framework for any new uses that are allowed under these laws. The city must ensure that proposed locations for these operations are appropriate and that any potential secondary impacts arising from the operation of these uses or facilities are minimized and mitigated. These secondary impacts may include, but are not limited to, burglaries associated with the cash and marijuana maintained on the site, or an increase of other illegal activities, such as drug use, within the vicinity of these dispensaries. In particular, 4 Six-Month Moratorium Jan 2012-Medical Marijuana and without limitation, staff should analyze the impacts of allowing these uses and facilities in residential zones as well as impacts arising from the proximity of these uses and facilities to schools, daycares, parks, religious and cultural facilities, jails and courthouses. L. Although the city council determines that a moratorium is necessary for the reasons established above, the city council emphasizes that it understands the needs of persons suffering from debilitating or terminal conditions, as well as the benefits that approved medical use of marijuana may provide these persons. Nevertheless, given the complex legal and regulatory framework surrounding this issue, a moratorium remains necessary until the city council can adequately address the competing interests at play. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1, — Preliminary Findings. The recitals and findings set forth above are hereby adopted as the city council's preliminary findings in support of the moratorium imposed by this ordinance. SECTION 2, — Moratorium Established. Pursuant to the provisions of Article 11, Section 11 of the Washington State Constitution, RCW 35A.63.220, and RCW 36.70A.390, a moratorium is hereby adopted, reenacting the prohibition within the city of Kent on the establishment, location, operation, licensing, maintenance, or continuation of any medical marijuana collective garden or any medical marijuana dispensary, whether for profit or not for profit, asserted to be authorized or actually authorized under Chapter 69.51A RCW, or any other laws of the state of Washington. 5 Six-Month Moratorium Jan 2012-Medical Marijuana No building permit, occupancy permit, or other development permit or approval shall be issued for any of the purposes or activities listed above, and no business license shall be granted or accepted while this moratorium is in effect. Any land use permits, business licenses or other permits for any of these operations that are issued as a result of error or by use of vague or deceptive descriptions during the moratorium are null and void, and without legal force or effect. As used in this ordinance, the following terms have the meanings set forth below: A. "Medical marijuana dispensary" means any business, agency, organization, cooperative, network, consultation operation, or other group, or person, no matter how described or defined, including its associated premises and equipment, which has for its purpose or which is used to grow, select, measure, package, label, deliver, sell, or otherwise transfer (for consideration or otherwise) marijuana for medical use. A person who is the designated provider for only one qualified patient during any 15 day period and who complies with Chapter 69.51A RCW, shall not be deemed a medical marijuana dispensary for the purposes of this moratorium. B. "Medical marijuana collective garden" means a group of qualifying patients that share responsibility for acquiring and supplying the resources required to produce and process marijuana for medical use. Examples of collective garden resources would include, without limitation, the following: property used for a collective garden; or equipment, supplies, and labor necessary to plant, grow and harvest marijuana; marijuana plants, seeds, and cuttings; and equipment, supplies, and labor necessary for proper construction, plumbing, wiring, and ventilation of a garden of marijuana plants. A medical marijuana collective garden shall satisfy the above definition regardless of its formation, ownership, 6 Six-Month Moratorium Jan 2012-Medical Marijuana management, or operation as a business, agency, organization, cooperative, network, consultation operation, group, or person. A person who is the designated provider for only one qualified patient during any 15 day period and who complies with Chapter 69.51A RCW or a person who is a qualified patient and who complies with 69.51A RCW, shall not be deemed a medical marijuana collective garden for the purposes of this moratorium. SECTION 3, — No Nonconforming Uses. No use that constitutes or purports to be a medical marijuana dispensary or medical marijuana collective garden as those terms are defined in this ordinance, that was engaged in that activity prior to the enactment of this ordinance shall be deemed to have been a legally established use under the provisions of the Kent City Code and that use shall not be entitled to claim legal nonconforming status. SECTION 4, — Effective Period for Moratorium. The moratorium set forth in this ordinance shall be in effect for a period of six months from the date this ordinance takes effect and shall automatically expire at the conclusion of that six-month period unless the same is extended as provided in RCW 35A.63.220 and RCW 36.70A.390, or unless terminated sooner by the city council. SECTION S. — Public Hearing. Pursuant to RCW 35A.63.220 and RCW 36.70A.390, the city council held a public hearing to allow public input on this moratorium at the city council economic and community development committee's regular meeting, at 5:30 p.m. in Council Chambers, Kent City Hall, on Monday, December 12, 2011. SECTION 6, — Referral to Staff. The planning director is hereby authorized and directed to coordinate with the council's economic and 7 Six-Month Moratorium Jan 2012-Medical Marijuana community development committee to develop appropriate land use regulations pursuant to the newly amended law for review and recommendation for inclusion in the zoning regulations or other provisions of the Kent City Code. The finance director is hereby authorized and directed to develop appropriate business licensing and other regulations pursuant to the newly amended law for review and recommendation for inclusion in the zoning regulations or other provisions of the Kent City Code. SECTION 7, — SeverabilitY. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION S. — Corrections by City Clerk or Code Reviser. Upon approval of the city attorney, the city clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. SECTION 9, — Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication as provided by law. The city clerk is directed to publish a summary of this ordinance at the earliest possible publication date. SUZETTE COOKE, MAYOR 8 Six-Month Moratorium Jan 2012-Medical Marijuana ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of 12012. APPROVED: day of 12012. PUBLISHED: day of 12012. I hereby certify that this is a true copy of Ordinance No. passed by the city council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK P:\Civil\Ordinance\New Medical Cannabis Moratorium]an 2012.docx 9 Six-Month Moratorium Jan 2012-Medical Marijuana REPORTS FROM STAFF, COUNCIL COMMITTEES, AND SPECIAL COMMITTEES A. Council President B. Mayor C. Administration D. Economic & Community Development E. Operations F. Parks & Human Services G. Public Safety H. Public Works I. Regional Fire Authority J. Other K. Other 0 T ECONOMIC & COMMUNITY DEVELOPMENT COMMITTEE MINUTES NOVEMBER 14, 2011 Committee Members Committee Chair Jamie Perry, Elizabeth Albertson, with Deborah Ranniger (Absent). Perry called the meeting to order at 5:40 p.m. 1. Approval of Minutes Councilmember Albertson Moved and Councilmember Perry Seconded a Motion to approve the October 10, 2011 Minutes. Motion PASSED 2-0 with Ranniger's concurrence. 2. Kent Downtown Partnership (KDP) Report January 2010-June 2011 KDP Executive Director Barbara Smith stated that the KDP's focus is on the historical district within the downtown core bounded by Washington, Central, James and Willis. Smith stated that KDP helps to recruit new businesses and provide existing businesses with educational tools to help them succeed. She stated that KDP is part of the Main Street Program, an organization developed to assist downtowns dying as a result of losing anchor stores. She stated that people can participate in the Main Street Program through the Business & Occupation Tax Incentive Program (BOTIP). KDP is redesigning their logo, developing an emergency disaster program and updating their website. Smith stated that in 2010 Kent had 331 buildings. 47 new businesses started and 16 businesses were lost. In 2010 public investment totaled $1,450,000 and private investment totaled $6,901,000. Informational Only 3. Resolution 1757 Revising the Name of the South Kent Community Neighborhood Council to Kent SODO Neighborhood Council. Neighborhoods Program Coordinator Toni Azzola introduced the new Neighborhood Council President Lauren Stephan. Stephan stated that she headed up an effort to revitalize her neighborhood which included having litter cleared from the streets and alleyways, and contacting the City's Parking Enforcement to discourage residents from using the street to park their cars. The revitalization effort included changing the community's name to Kent SODO which better reflects its location south of downtown. Councilmember Albertson Moved and Councilmember Perry Seconded a Motion to recommend Council adopt a resolution amending Resolution No. 1757, renaming the "South Kent Community Neighborhood Council" to "Kent SODO Neighborhood Council". Motion PASSED 2-0. 4. Medical Mariivana Collective Gardens Zoning Regulations rZCA-2011-21 Follow-up from the October 10, 2011 Public Hearing. Planning Director Fred Satterstrom submitted an amended motion to the Committee that adds the language; "directs the City Attorney to prepare the necessary ordinance". Satterstrom asked the Committee to consider options for a collective garden definition, zoning district alternatives, and separation requirement options. Councilmembers Perry and Albertson voiced support for Option A, adopting the RCW's 'collective garden' definition. Albertson asked that the ordinance include language that states the City would follow whatever the current State RCW is. City Attorney Tom Brubaker stated that the City may not have the legal authority to include language stipulating if state law changes that the City's definitions follow whatever the state says. Brubaker said he would look into the legal affects. Councilmember Albertson Moved and Councilmember Perry Seconded a Motion to recommend adoption of the medical cannabis collective garden definition Option A, recommend adoption of zoning districts as amended Option C adding zoning districts ECDC Minutes November 14,2011 Page 1 of GC and GCMU and excluding NCC, DC and DCE districts, and recommend adoption of separation requirements Option B to the City Council and direct the City Attorney to prepare the necessary ordinance. Motion Passed 2-0. Satterstrom stated that this ordinance would be presented to the committee at their December 121h meeting, then brought forward to City Council at their December 131h meeting. Brubaker indicated that the 6 month moratorium ordinance expires January 51h. If the medical cannabis ordinance passes on December 131h, it goes into effect January 131h leaving an 8 day gap. Brubaker stated in response to Albertson that Council could vote to lift the moratorium at any time and indicated that he would discuss the appropriateness of holding a hearing to extend the moratorium until the effective date of the medical cannabis ordinance considered at a hearing before the ECDC at their December 121h meeting. S. Midway Subarea Plan, Zoning Regulations, and Design Guidelines Long Range Planner Gloria Gould-Wessen stated that the Land Use and Planning Board (LUPB) recommends adoption of the Midway Subarea Plan, Design Guidelines, development regulations and the zoning and land use maps. The Planned Action Ordinance is not part of this package and will be discussed later. Adoption of these products will take the vision of Midway forward, provide certainty for property owners and developers, and strengthen the City's position as Sound Transit conducts an environmental analysis for link light rail and station location in the vicinity of Highline Community College (HCC). Gould-Wessen stated that the Midway Subarea Plan (the Plan) and all implementing regulations support light rail. Support for high capacity transit is there by adding density and expanding types of allowed uses within the area designated transit-oriented community. Office, commercial and residential uses are allowed to stand alone and can be mixed within the same structure which provides flexibility for developers to respond to market needs. Gould-Wessen stated that building height maximums are 55 to 200 feet. Regulations and design guidelines of the built environment are written to ensure an engaging, attractive, safe and convenient urban community with short walkable blocks or pedestrian passageways for connectivity between uses. The Plan promotes construction of a regional storm detention system that doubles as a park to encourage development and provide public amenities. Outside the Transit-Oriented Community Designation (TOC), the allowable regional commercial uses expand to include light industrial business parks and live/work units. Gould-Wessen stated that a variety of questions and concerns were raised at the October 20, 2010 Council workshop centering around the status of light rail into Midway, the impacts rezoning would have on property taxes, and the timing for moving forward on the Plan and development regulations. Gould-Wessen introduced Rachel Smith, Sound Transit's Government and Community Relations staff person who reported on Sound Transit's background and the impacts that the recession has had on Sound Transit and the progression of link light rail into the Midway south corridor area citing a 32 percent revenue shortfall in the South King County subarea. Smith introduced Eric Chipps, Planning Manager and Cathal Ridge, the High Capacity Transit South Corridor Project Manager who reported on the scope and timelines for the extension project from South 2001h Street Station in Sea Tac down to Kent Des Moines. Smith stated that light rail will extend from the airport station to South 2001h Street in SeaTac by 2016 and will provide for 2000 jobs in South King County. Sound Transit has applied for a grant to receive 24 million dollars to bring into the South King County subarea because of this project. Sound Transit will build light rail to the Kent Des Moines HCC area by 2023 but will be unable to deliver light rail to the South 272"' area by 2023. Gould-Wessen submitted a letter for the record, defined as Exhibit 13, from the King County Assessor's office issued in response to concerns over property tax increases as a result of rezoning. Gould-Wessen submitted a letter for the record, defined as Exhibit 14, from Highline School District asking that Kent collect school impact fees to mitigate accommodating future growth in Midway. Councilmember Albertson accepted Exhibits 1 and 2 for the record. ECDC Minutes November 14,2011 Page 2 of Satterstrom stated that public comment alleged that adoption of the Plan would drive property values and subsequently property taxes due to the increase in value. Satterstrom stated that comments made in the letter from the Assessor's Office refutes that opinion. Satterstrom concluded that the increase in land value and taxes is going to be whether or not there is development under the new zoning that will drive the increase in land values not necessarily the mere act of zoning itself. Gould-Wessen spoke about the importance of having the Plan, Design Guidelines and Development Regulations in place so that Kent is ready to affect the station location and rail alignment, apply for grants to move forward with infrastructure development, and be able to compete within the current aggressive economic climate. Gould-Wessen recognized stakeholders who worked on this project thanking them for their involvement. Councilmember Albertson Moved and Councilmember Perry Seconded a Motion to recommend to the full Council adoption of ordinances regarding the Midway Subarea Plan and Comprehensive Plan amendment; the Midway Design Guidelines and Zoning Code Amendment; amendments to Kent City Code; the Land Use Plan Map and Comprehensive Plan Amendments; and amendments to the Zoning Districts Map as recommended by the Land Use and Planning Board. Motion PASSED 2-0. 6. Economic Development Report Economic Development Director Ben Wolters reported on the meeting held with 35 key businesses and community leaders in an effort to help identify key strategies for incorporation into Kent's Economic Development Strategic Plan. Wolters reported that wholesale distribution businesses; Lenox Industries has located in Kent into a 5600 sq ft space, and Cameo Logistics has relocated from Renton to 9100 sq ft in Kent expanding into a 240,000 sq ft. space. With the economy recovering, vacancy rates are decreasing, building the values of those properties and getting the investment community moving again which in the long term could create revenue from the City's real estate excise tax to funnel into the City's capital funds. Wolters stated that the City is working with Stan Tech a large engineering consulting firm out of Canada with local offices in Kirkland to apply for two $200,000 EPA ground field community assessment grants that would help Kent identify contaminant sites within the city targeting areas in West Hill, Downtown, the Industrial Valley and East Hill of. Kent has good opportunity to secure the grants. Staff will report back to the Committee on the status. Informational Only Adiournment Committee Chair Perry adjourned the meeting at 7:00 p.m. Pamela Mottram, Secretary Economic & Community Development Committee ECDC Minutes November 14,2011 Page 3 of EXECUTIVE SESSION ACTION AFTER EXECUTIVE SESSION