HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 01/03/2012 •
KENT Kent City Council Meeting
W". I. T..
January 3, 2012
The regular meeting of the Kent City Council was called to order at 7:00 p.m. by
Mayor Cooke. Councilmembers present: Albertson, Boyce, Higgins, Perry, Ralph,
Ranniger, and Thomas. (CFN-198)
CHANGES TO THE AGENDA
A. From Council, Administration, Staff. (CFN-198) No changes were made.
B. From the Public. (CFN-198) No changes were made.
PUBLIC COMMUNICATIONS
A. Oath of Office. (CFN-198) Mayor Cooke administered the ceremonial Oath of
Office to recently re-elected Council members Ranniger and Thomas, and newly
elected Council members Dana Ralph and Bill Boyce. y
B. Council President Election. (CFN-198) Council President Perry moved that
Dennis Higgins serve as the next Council President. Thomas seconded and the
motion carried. I
C. Council Committee and Liaison Appointments. (CFN-198) Council President
Higgins announced Council Committee assignments and Council liaison appointments
as follows:
Public Works: Albertson, Chair; Higgins; Ralph
Parks & Human Services: Ranniger, Chair; Albertson; Ralph
Economic & Community Development: Perry, Chair, Ranniger; Boyce
Public Safety: Boyce, Chair; Thomas; Ralph
Operations: Thomas, Chair; Higgins, Perry
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Arts Commission: Ralph
Firemen's Relief & Pension Board: Thomas
Human Services Commission: Ranniger
Lodging Tax Advisory Committee: Perry
Regional Fire Authority: Thomas, Boyce, Higgins
D. Public Recognition. (CFN-198) Albertson introduced a friend visiting from
Oregon.
E. Community Events. (CFN-198) Perry and Ranniger announced events taking
place at ShoWare.
F. Introduction of Appointees. (CFN-198) Mayor Cooke introduced her
appointees to the Kent Arts Commission, the Land Use & Planning Board, and the
Human Services Commission. She pointed out that she has asked the Council to
change the Arts Commission ordinance to allow two or more students to serve on the
Commission, and that that ordinance will appear on the January 17, 2012, Council
agenda.
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Kent City Council Minutes January 3, 2012
G. Teddy Bear Friend. (CFN-155) Fire Chief Schneider explained that Barbara
Joslyn created and provided the Fire Department with over 450 teddy bears to give to
children who were involved in traumatic or medical emergencies over the past ten
years, and that she recently passed away. Mayor Cooke read a proclamation declar-
ing January 3, 2012, as Barbara Joslm, Teddy Bear Friend Day, and presented it to p
Mr. Joslin.
H. Mychal and Maryum Boiser, Kona Kai Coffee Company. (CFN-155) Mayor i
Cooke noted that Mychal and Maryum Boiser, owners of Kona Kai Coffee Company, i
have received several awards for helping the homeless and disenfranchised re-enter
society and the workforce, and proclaimed January 4, 2012, as Mychal and Maryum
Boiser Day in the City of Kent.
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I. Mentoring Month. (CFN-155) Mayor Cooke read a proclamation proclaiming
January 2012 as Mentoring Month and presented it to Veronica Abrams of Big
Brothers Big Sisters, who spoke about the importance of mentoring.
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PUBLIC COMMENT
Three audience members commented on medical cannabis zoning, as shown in Other
Business Item A.
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CONSENT CALENDAR
Higgins moved to approve Consent Calendar Items A through I. Thomas seconded.
It was confirmed that Consent Calendar Item D, the Kent Arts Commission appoint-
ments, is amended to make the appointment of the three youth who were introduced
under Public Communications as youth representatives, contingent on the amended
ordinance to be passed at the next Council meeting. The motion then carried.
A. Approval of Minutes. (CFN-198) Minutes of the workshop and regular Council
meeting of December 13, 2011, were approved.
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B. Approval of Bills. (CFN-104) Payment of the bills received through
November 15 and paid on November 15 after auditing by the Operations Committee
on November 30, 2011, were approved.
Checks issued for vouchers were approved:
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
Checks issued for payroll for November 1 through November 15 and paid on
November 20, 2011, were approved:
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
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Kent City Council Minutes January 3, 2012
Checks issued for payroll for November 16 through November 30 and paid on
December 5, 2011, were approved:
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 I
C. 640 Zone Water Reservoir Painting. (CFN-1310) The 640 Zone Water I
Reservoir Painting Project was accepted as complete and release of retainage to
Hennig Mural Design, Inc. upon receipt of standard releases from the state and
release of any liens was authorized. The original contract amount was $47,176.53.
The final contract amount was $49,933.78.
D. Kent Arts Commission. (CFN-839) The Mayor's appointments of Suzanne
Smith, Heather Haggin, Jordan Gormley and Jared McAboy to the Kent Arts
Commission, and her reappointment of Jack Bevcar to the Kent Arts Commission,
were confirmed and she was authorized to designate which youth member will serve
the one-year "youth representative" term, contingent on the amended ordinance to
be passed at the January 17, 2012 Council meeting.
E. Land Use & Planning Board. (CFN-174) 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, were confirmed.
F. Human Services Commission. (CFN-873) The Mayor's appointments of Mona
Han and Gina Bellisario and reappointment of David Ott to the Human Services
Commission, and the appointment to two consecutive one-year terms of Stewart
Kunzelman, and Alina Amkhavong, as youth members, were confirmed.
G. Singh Automotive Shop. Bill of Sale. (CFN-484) 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
was accepted.
H. Rite Aid, Bill of Sale. (CFN-484) The Bill of Sale for the Rite Aid project, Permit
No. 2061144, for 2 gate valves, 2 hydrants, and 310 linear feet of waterline was
accepted.
I. Riverbend Commerce Center, Bill of Sale. (CFN-484) 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 was
accepted.
OTHER BUSINESS
A. Medical Cannabis Zoning, (CFN-1320) The proposed ordinance reflects the
recommendation of the Economic and Community Development Committee following
their November 14, 2011, hearing and December 12, 2011, meeting.
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Kent City Council Minutes January 3, 2012 I
Jan Hickling, 1919 Talbot Road South, Renton, spoke in favor of the proposed zoning,
and noted that Kent is the closest city for her to pick up medical cannabis for her
neighbor. Philip Dawdy, Washington Alternative Medicine Alliance, 1608 E. ;
Republican Street, Seattle, encouraged the Council to adopt the ordinance, and
pointed out that no one has voiced opposition to it and nothing bad has happened in
cities which have passed regulations. Wade Schwartz, 22403 129th Place SE,
expressed concern about the reaction of some at the dais to the impact of medical
cannabis zoning on a particular piece of property at the last Council meeting, and
encouraged them to consider how proposed ordinances affect everyone.
Planner Katie Graves explained that the motion to adopt the proposed ordinance at
the Council meeting of December 13, 2011, failed on a 3-3 vote, and summarized the
ordinance. The City Attorney explained why the ordinance prohibits collective
gardens in certain zones rather than allowing them in certain zones. Upon a question
from Boyce regarding the 750' buffers, it was noted that that was a compromise
between 500' and 1000'.
Perry moved to adopt Ordinance No. 4025 prohibiting the land use and operation of
medical cannabis collective gardens within special land use zones in the city of Kent.
Albertson seconded. Higgins reiterated that the city has an obligation to those who
legitimately need access to medical marijuana, that this ordinance establishes rules
which limit the exposure to residential areas and schools, that he has not received
any mail in opposition, and that criminal activities can be dealt with. Thomas pointed
out that marijuana is an illegal substance and said he cannot support zoning for it.
Ralph concurred with Thomas. Albertson stated that this ordinance simply allows an
access point for those who have a letter from their doctor stating that they have a
medical condition which allows them to use medical cannabis for treatment of that
condition. Perry said the state has said collective gardens are legal and that the city
must deal with that. She said zoning will result in placing the collective gardens in
the right locations and urged the Council to adopt the ordinance. Upon a roll call
vote, the motion to adopt Ordinance No. 4025 failed 4-3, with Albertson, Higgins i
and Perry in favor, and Boyce, Ralph, Ranniger and Thomas opposed.
B. Medical Cannabis Collective Gardens Moratorium Extension. (CFN-1320)
The City Attorney stated that the emergency six-month moratorium on the operation
of medical marijuana collective gardens or dispensaries which was established on
July 5, 2011, expires on January 5, 2012. He explained that an emergency ordinance
would be required to make the extension seamless, and that that requires five votes.
He added that a new moratorium, which requires four votes, would become effective
five days after the ordinance is published, leaving a small gap in the effective period.
Thomas moved to adopt Ordinance No. 4026 declaring an emergency and establishing
a six-month extension on the moratorium within the city of Kent on the establish-
ment, location, operation, licensing, maintenance or continuation of medical
marijuana collective gardens or dispensaries. Ranniger seconded. Thomas said it is
important to keep the moratorium in place to avoid collective gardens from locating in i
undesirable locations. Perry said if an outright ban is what some Council members
actually desire, there is no point in extending the moratorium, and offered to have the
committee consider changes to the zoning regulations. Albertson agreed with Perry,
and said waiting for the Federal government to legalize cannabis does not help those
who need it now for medical reasons. Ralph said the city is not in a position to zone
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Kent City Council Minutes January 3, 2012
against something that is against the law, and that a moratorium would allow time for
Council to determine whether there should be a ban until the Federal government
clarifies the issue. Boyce said he is willing to extend the moratorium in order to take
a look at the issue, but emphasized that cannabis is not legal. Thomas spoke in
opposition to a ban and urged Council members to either extend the current
moratorium or establish a new one. Higgins stated that by allowing medical cannabis
in the community the city would be upholding state law, noted that a moratorium
delays action, and pointed out that many other cities in the state have not enacted
regulations.
The City Attorney noted that the Council could direct him to prepare an ordinance
banning collective gardens, but that all ordinances have a waiting period before they
take effect, so there would be a gap. He also noted that a moratorium can be
extended for less than six months.
The motion to adopt Ordinance No. 4026 declaring an emergency and establishing a
six month moratorium then failed with only four votes from Boyce, Ralph, Rannrger
and Thomas in favor, and Albertson, Higgins and Perry opposed. The City Attorney
had noted earlier that five votes would be required to pass an emergency ordinance.
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Thomas then moved to adopt Ordinance No. 4027 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. Ralph seconded. Perry urged her colleagues to consider a long-term
solution so that a moratorium does not come before the Council every six months.
Upon Albertson's question, Boyce explained that a moratorium would allow time for
him to review the 750' buffer issue, and added that six months may not be necessary. 3
After a brief discussion of the appropriate length of a moratorium, it was noted that a
moratorium could be terminated at any point, and the motion to adopt Ordinance
No. 4027 establishing a six-month moratorium then carried with Boyce, Ralph,
Ranniger and Thomas in favor and Albertson, Higgins and Perry opposed.
REPORTS
A. Council President. (CFN-198) Higgins noted committee meeting schedules will
remain the same in January but may be changed by the Chairs in the future.
B. Mayor. (CFN-198) Mayor Cooke noted that the layoffs which were part of the
2012 budget will take place next week, and that staff is gearing up to work with
legislators during their session.
C. Administration. (CFN-198) Hodgson said there will be an executive session
relating to labor contracts on the January 17 agenda.
D. Economic & Community Development Committee. (CFN-198) Perry
announced that the next meeting will be at 5:30 p.m. on January 9.
E. Operations Committee. (CFN-198) Thomas noted that the Operations
Committee will meet at 4:00 p.m. rather than 4:30 p.m in the future, and that the
next meeting will be on January 17.
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Kent City Council Minutes January 3, 2012
F. Parks and Human Services Committee. (CFN-198) Ranniger noted that their
next meeting will be on January 19 at 5:00 p.m.
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G. Public Safety Committee. (CFN-198) Thomas noted that the next meeting will j
be at 5:00 p.m. on January 10.
H. Public Works Committee. (CFN-198) Albertson noted that the next regularly
scheduled meeting falls on a holiday, so a special meeting date will be set.
I. Regional Fire Authority. (CFN-198) Thomas noted for Boyce and Higgins that
the next meeting is tomorrow night at 5:30 p.m.
J. Other. (CFN-198) Mayor Cooke informed Council members that she is looking for
two Council members to appoint to the LEOFF Disability Board and that anyone
interested should contact her. Higgins noted that he is stepping down from the
Suburban Cities Public Issues Committee and Mayor Cooke noted that Council
member Thomas has resigned from the South County Area Transportation Board, and
that those vacancies also need to be filled.
ADJOURNMENT
The meeting adjourned at 8:52 p.m. (CFN-198)
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Brenda Jacob r MC
City Clerk
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