HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 01/03/2012 CITY OF KENT
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Agenda
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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
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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
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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
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COUNCIL MEMBER RECEPTION - 6:30 p.m.
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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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COUNCIL WORKSHOP
1) Government Relations
2) Review of Council Rules
3) Review of Council Roles
CHANGES TO THE AGENDA
Citizens wishing to address the Council will, at this time, make known the
subject of interest, so all may be properly heard.
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.
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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.
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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.
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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
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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.
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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,
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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
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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:
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�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
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EXECUTIVE SESSION
ACTION AFTER EXECUTIVE SESSION