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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 01/07/2014 • KENT W A S n I N G T C ry Kent City Council Meeting January 7, 2014 The regular meeting of the Kent City Council was called to order at 7:02 p.m. by Mayor Cooke. Councilmembers present: Boyce, Higgins, Ralph, Ranniger, Sharp and Thomas. CHANGES TO THE AGENDA A. From Council Administration Staff. Council President Higgins added item F to the Consent Calendar, an excused absence for Councilmember Berrios. B. From the Public. None. PUBLIC COMMUNICATIONS A. Oath of Office. City Clerk Ronald F. Moore swore in Suzanne Cooke as the Mayor, Dennis Higgins as Councilmember Position No. 4, Ken Sharp as Councilmember Position No. 6, Karli Jorgensen as Municipal Court Judge Position No. 1 and Glenn Phillips as Municipal Court Judge Position No. 2, B. Council President Election. Councilmember Thomas moved to elect Councilmember Dana Ralph to the position of Council President, seconded by Council President Higgins. Councilmember Higgins spoke in support of the motion. A vote was taken on the motion on the table to elect Councilmember Dana Ralph as the Council President. Motion carried 6-0. Council President Dana Ralph thanked the Council for electing her to the position and thanked former Council President Higgins for his work as past council president. She thanked the residents and stated she will be available for questions and concerns. She said her biggest goal is to ensure open communications between businesses, residents, staff and the Council. Mayor Cooke stated she is looking forward to working with Council President Ralph. C. Council Committee and Liaison Appointments. Council President Ralph made the following appointments: Economic and Community Development Committee Chair: Councilmember Boyce, Members: Councilmembers Higgins and Berrios Parks and Human Services Committee Chair: Councilmember Ranniger, Members: Councilmembers Higgins and Sharp Public Safety Committee Chair: Councilmember Berrios, Members: Council President Ralph and Councilmember Thomas Kent City Council Minutes January 7, 2014 Public Works Committee Chair: Councilmember Higgins, Members: Council President Ralph and Councilmember Sharp Operations Committee Chair: Councilmember Thomas, Members: Council President Ralph and Councilmember Boyce Council President Ralph also communicated additional appointments and named Councilmembers Boyce, Higgins, and Thomas to the Regional Fire Authority. She appointed Councilmember Boyce to the Lodging Tax Advisory Board, Councilmember Thomas to the Firemen's Relief and Pension Board, Councilmember Higgins to the Human Services Commission, and said she would represent the Council on the Arts Commission. D. Public Recognition. Mayor Cooke communicated that Mike Heinisch is the 2013 Kent Reporter, Kent Citizen of the Year. She stated that he knows everyone and is an avid baseball fan. Heinisch said he is honored to work for and with the City of Kent, the Kent Food Bank, and Kent Family and Youth Services. Mayor Cooke thanked SGT Robert Constant and his police traffic unit for coming out early and assisting drivers during the snow on the morning of December 19. Additionally, she communicated that a truck struck and knocked down a traffic signal pole on Kent Kangley early in the morning on December 18. She highlighted the ingenuity of two Public Works staff, Mike Sorenson, Senior Signal Traffic Technician and Jay Crisostomo, Traffic Technician. They cut, designed, and installed an interim traffic signal prior to the snow storm and commute that morning. Council President Ralph thanked Jay and Mike for their work in fixing the traffic signal. Council President Ralph wished a happy birthday to her son on his 141h birthday. E. Community Events. Councilmember Ranniger communicated that "YOU-ME-WE" will be on January 24 at the ShoWare Center. She discussed the various fun events for children and their families. Council President Ralph communicated that on January 24 at 7:30 p.m. the Arts Commission Spotlight Series is presenting the California Guitar Trio and the Montreal Guitar Trio at the Kent Meridian Performing Arts Center. Mayor Cooke communicated that the Kent School District Technology Expo is on Tuesday, January 14 from 6:00 - 8:30 p.m. at the ShoWare Center. F. Proclamation against Human Trafficking. Mayor Cooke read the proclamation, proclaiming January as Human Trafficking Awareness Month, and presented the proclamation to Lorna Rufner. Police Chief Ken Thomas stated that the FBI asked the Kent Police Department to assist in the Puget Sound effort against child exploitation in the region and Detective Dvorak is running that task force. Rufner thanked the Mayor and Council and highlighted her organization called the Southeast King County 2 Kent City Council Minutes January 7, 2014 Coalition Against Trafficking. She communicated their mission and when their meetings a re. G. Introduction of new Arts Commission Appointee. Mayor Cooke introduced Elena Luna. Luna discussed why she wanted to be on the Arts Commission and be involved in the arts in Kent. She introduced her family to the audience. H. Intergovernmental Reports. Council President Ralph communicated that Regional Law Safety and Justice will meet in January to discuss implementation and how things are going with I-502. Councilmember Boyce communicated he will be attending the Sound Cities Association (SCA) Public Issues Committee (PIC) meeting on January 8 at 7:00 p.m. at Renton City Hall. Councilmember Higgins communicated that next Wednesday there are two Sound Cities Association meetings. He stated that he will be elected to the board of directors at the 10:00 am meeting next Wednesday, January 15 and there will also be a Regional Transit Committee meeting later that day. PUBLIC HEARINGS 1. Six-Month Marijuana Zoning and Business License Moratorium. Mayor Cooke communicated that on November 19 the Council adopted Ordinance No. 4094 that established a six-month marijuana zoning and business license moratorium prohibiting the establishment, location, operation, licensing, maintenance, or continuation of marijuana processors, producers, and retailers claiming authorization under Chapter 69.50 of the Revised Code of Washington or any other law of the State of Washington. She noted that state law requires that a public hearing be held on the moratorium within 60 days of adoption. She noted that the ordinance has already been adopted by the Council. She stated that the ordinance established that January 7, 2014 be the day for the public hearing. Acting City Attorney Pat Fitzpatrick communicated that this item has been before the Council several times. He noted that on June 5, 2012 the Council adopted an ordinance prohibiting medical marijuana and collective gardens. Back then, he stated the issue was surrounding whether medical marijuana, collective gardens, and dispensaries were legal businesses. With that, the Council passed zoning code policies prohibiting all of them. On November 6, 2012, the voters adopted Initiative 502 concerning recreational marijuana and it allowed for the possession of small amounts of recreational marijuana and created a system for manufacture, production, and retail sale of marijuana. He stated that the process is going on now where the Washington State Liquor Control Board has established a method for this, which includes where it can be produced and sold. He added that the state can issue up to three licenses for retail sale in Kent with no limitation on processing facilities. He continued that the only land use regulation is a 1,000 foot buffer to schools, churches, and parks, etc. In November, he said there was a proposal for a moratorium to deal with the ongoing conflict in federal and state law. Federal law communicates that marijuana in any form is illegal so until that changes the Council has made a policy decision that there will be no marijuana land 3 Kent City Council Minutes January 7, 2014 uses or businesses in Kent. He added that the moratorium was passed on November 19 and a public hearing needed to be heard within 60 days. He noted that the current moratorium expires on May 27, or earlier unless the Council adopts language for permanent zoning. He discussed local marijuana legislation and said Renton passed a moratorium on November 4, Covington hasn't addressed the issue of recreational marijuana but has passed their fourth six-month moratorium on medical marijuana, Auburn has passed a one-year moratorium on recreational marijuana in September 2013, Federal Way passed a one-year moratorium on November 5, 2013, and the City of SeaTac has permanent code language that states that marijuana usage is a federal offense. Tukwila, he said, has language that zones marijuana use in a small area on the border of Kent, but the land owners won't sell property to any retail marijuana operations. Councilmember Boyce verified that the liquor control board by law determined that Kent could have three retail licenses in the City. Fitzpatrick also communicated that the liquor control board hasn't determined if all of the businesses are viable, just that they have applied. He also added that the liquor control board hasn't determined where the manufacturing facilities can be, just that there is a limit on the number that the entire state can have. He said the purpose of the ordinance is to determine whether the City will or won't accept licenses through the state and be permitted in Kent. Councilmember Sharp asked for the marijuana status in Burien and Des Moines and Fitzpatrick replied he didn't know what those cities have done on this issue. Councilmember Higgins verified that the legal department is still measuring time spent on this issue. Council President Ralph moved to recommend the Mayor open the public hearing concerning a six-month marijuana zoning and business license moratorium in the city of Kent in accordance with state law, seconded by Councilmember Higgins. Motion carried 6-0. A. Chris Kealy, Tacoma - Kealy stated that he has applied to be a producer/processor in Kent. He communicated that the license period opened on November 18 and ended on December 19 or 20. He said he inspected the list and based on his research there are two businesses that are in the running to really be producer/processors in Kent and that he isn't interested in the retail side. He communicated that his company intends to operate inside the state regulations on how processing plants are to be run. He stated that he has already leased 23,000 square feet in Tacoma and is building a building in Kent. Mayor Cooke verified that Kealy registered his business under the name "Spinning Heads, LLC." Councilmember Thomas communicated that the marijuana would be produced, processed, and it has to be sold retail somewhere. Kealy discussed prohibition and how it relates to marijuana. 4 Kent City Council Minutes January 7, 2014 Councilmember Higgins thanked Kealy for testifying and verified with him that he is spending $8 million and another $12 million to hire 102 people to work in the facility. Furthermore, he said he will have an estimated $10 million in expenditures every year in Kent if his facility opens. Councilmember Higgins confirmed that there would be no odor or signage on Kealy's property. Kealy also said that there would be eight trucks a day going in and out of the facility and 102 employees coming and going from work. Councilmember Higgins inquired about the revenues from a producer/processor to a city. Kealy replied that cities aren't getting a sufficient cut on the revenues from these. He stated that the revenues to a city would be less than $100,000. Councilmember Higgins verified that his Tacoma facility is 23,000 square feet and only has 40 employees. He said it is a backup plan if the facility in Kent isn't built. Kealy communicated that Tacoma understood I-502 and allocated areas in Tacoma where producers could setup. Kealy verified to Councilmember Thomas that there would be 102 employees at his facility in Kent. Councilmember Sharp inquired about security issues. Kealy replied that he has a military-based driver group to drive armored cars so the product is secure. He said there is a gate at the front of the property and intruders will be met with resistance. He noted that they aren't talking about weapons, but electronic-based intrusion mechanisms. He stated that he would ask for assistance from the police department if his facility is approved. Mayor Cooke verified the address of the proposed facility. Council President Ralph inquired about the vulnerability of the business and Kealy communicated that most vulnerability occurs when the product is being moved. Councilmember Thomas communicated that the address is close to the church and school. Kealy replied that they are far enough away from both. Councilmember Thomas communicated that if they produce it and process it, it has to be sold retail somewhere in the public. B. Christine Masse, Seattle - Masse introduced herself as the personal and business attorney for Kealy. She communicated that she wants the option to allow this use under the Kent City Code to remain open. She said Kent has a chance to be a leader in this and offered herself and Mr. Kealy to work with the City staff to come up with creative options. She also stated that she would be interested in assisting the city in getting some of the revenues into the city. Mayor Cooke noted that Des Moines has approved the retail sale of marijuana. 5 Kent City Council Minutes January 7, 2014 Councilmember Higgins inquired about Masse and her work with Tacoma and she communicated that operations in Tacoma are up and running. This, she said, is an opportunity for Kent to regulate and make this legal and begin to move out those who are doing this illegally. Councilmember Higgins also verified with Masse that Seattle has banned marijuana sales in areas zoned as historical. She added that finding a 1,000 foot buffer is an issue in Seattle and there is a zoning plan. Councilmember Higgins thanked her for her input and felt the City will have to deal with it in a regulatory fashion sooner rather than later. C. Steve Manzanares, Kent - Manzanares communicated that he has applied for a grower/processor license. He communicated that in a 10,000 foot grow operation you would generate $361,000 in cannabis. He said there are a lot of tax revenues to be generated out of this. He stated that Kent wouldn't even know where the grows were if they were allowed. He stated that security wouldn't even be an issue. He stated that if this gets adopted there would be a switch in the economics and law enforcement where law enforcement would only have to deal with hard drugs. He stated there is revenue there and before it is Judged the Council should investigate. He added that the City would obtain $30,000, five times a year in sales tax revenues. Mayor Cooke verified that Manzanares registered his business under the name "Organic Cannibis Coalition." There was discussion about sales tax revenues and Acting City Attorney Fitzpatrick communicated that the City doesn't get any sales tax revenues, Just a small amount of B&O tax revenue. Council President Ralph moved to close the public hearing concerning a six- month marijuana zoning and business license moratorium in the city of Kent in accordance with state law, seconded by CM Thomas. Motion carried 6-0. PUBLIC COMMENT A. Gwen Allen-Carston, Kent - Allen-Carston discussed Kent Black Action Commission (KBAC). She thanked the police department, Council, and Mayor for their service. She discussed an event called "Barbershop Talks" for African-American men. She communicated that the core of the community is men and thanked the City of Kent for they do. Councilmember Ranniger verified that the event is on January 18 from 3:00 to 7:00 p.m. at the Senior Center. CONSENT CALENDAR 6 Kent City Council Minutes January 7, 2014 Council President Ralph moved to approve Consent Calendar Items A through F, seconded by Councilmember Thomas. The motion carried 6-0 and the following items were approved: A. Minutes of the workshop and regular Council meeting of December 10, 2013. B. Appointment of Arts Commissioner Elena Luna - Confirm. Mayor Cooke confirmed the appointment of Elena Luna to the Kent Arts Commission. C. LifeWise Assurance Company Contract for Individual and Aggregate Stop Loss Coverage - Authorize. The Mayor was authorized to sign the 2014 LifeWise Assurance Company renewal contract for individual and aggregate stop loss coverage, subject to terms and conditions acceptable to human resources and the city attorney. D. Group Health Cooperative Contract for Insured HMO Plan - Authorize. The Mayor was authorized to sign the 2014 Group Health Cooperative contract for the City's insured HMO plan, subject to terms and conditions acceptable to human resources and the city attorney. E. Delta Dental of Washington Administrative Services Contract for Self- Insured Dental Program - Authorize. The Mayor was authorized to sign the 2014 Administrative Services contract with Delta Dental of Washington for the City's self- insured dental program, subject to terms and conditions acceptable to human resources and the city attorney. ADDED ITEM F. Excused Absence. An excused absence for Councilmember Berrios who was unable to attend the January 7, 2014 council meeting was approved. OTHER BUSINESS None BIDS There were no bids. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES A. Council President. No report from Council President Ralph nor Councilmember Higgins. B. Mayor. Mayor Cooke thanked the Boeing employees for the "yes" vote and stated that it ensures the first and second 777x would be built here. She added that there are over 50 Boeing suppliers based in Kent. She said recruiting will begin for the chief administrative officer position. She applauded Brubaker for the work he has done and said she hopes he applies for the position and will strongly request that an outside firm be used for the recruitment process. 7 Kent City Council Minutes January 7, 2014 C. Administration. Tom Brubaker, Interim Chief Administrative Officer announced there would be ten minute executive session concerning potential litigation as authorized per RCW 42.30.110(1)(i). D. Economic & Community Development Committee. Councilmember Boyce communicated that there will be a meeting on Tuesday. E. Operations Committee. Councilmember Thomas indicated that the report was in the minutes. F. Parks and Human Services Committee. Councilmember Ranniger communicated that the next meeting was January 16. G. Public Safety Committee. Council President Ralph confirmed that the meeting time of the Public Safety Committee meeting will remain the same for now. H. Public Works Committee. Councilmember Higgins communicated that a $5 million grant was accepted at the Public Works Committee meeting for the 228th project from the State Transportation Improvement Board (TIB). He communicated that the corridor has received a great deal of funds and connects with the 509 corridor. He noted that this project is in the forefront as far as funding for this quarter. I. Regional Fire Authority. Councilmember Thomas reported that the Regional Fire Authority has a meeting on January 15 at 5:00 p.m. EXECUTIVE SESSION At 8:41 p.m., Mayor Cooke announced that the Council would recess into an Executive Session for ten minutes to discuss potential litigation, per RCW 42.30.110 (1)(i). At 8:50 p.m., the Executive Session concluded and Mayor Cooke reconvened the regular meeting. ACTION AFTER EXECUTIVE SESSION None. ADJOURNMENT The meeting adjourned at 8:53 p.m. i. Ronald F. ore, M City Cle 8 '4 KENT Ww........ Public Hearing Item 5A. Six-Month Marijuana Zoning and Business License Moratorium Sign Up Sheet For the Kent City Council Meeting of January 7, 2014 NAME Street Address Email Address Ex Jane Doe/ 1234 Main Street, Kent, WA 98032 jdoe@hotmail.com �� 2 � , ac Gl-rris f'le. tna I se /'/yJ 1�, 1 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Members of the public are invited to speak under "Pubic Hearing," Agenda Item #5. Please sign above and when asked by the Mayor, come to the podium. Please limit your comments to three (3) minutes. PUBLIC COMMENT KENT SIGN UP SHEET For the Kent City Council Meeting of: NAME Street Address Email Address Topic Ex Jane Doe 1234 Main Street SE jdoe@hotmail.com Comprehensive 98032 Plan ------------ ✓� e 3 4 S S 7 8 9 10 �.1 12 13 14 �.5 16 17 18 19 20 Members of the public are invited to speak under "Public Comment', Agenda Item *6. Please sign above and when asked by the Mayor, come to the podium. Please limit your comments to three (3) minutes. 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