HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 12/13/2011 ® Kent City Council Meeting
�E�T 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 Recognition. (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. Aooroval 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. Washington 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. Parking 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. Granoer Company Consultant Contract, Boeing 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, Zoning, and Design
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 2"d 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
16`" 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 Levy 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.
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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. ®Derations 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. Regional 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. (CFf98)
' Brenda Jacober, CC
City Clerk
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