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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 1/19/2016 .'I I KENT KENf�Q W A S H I N G T O N Kent City Council Workshop Minutes January 19, 2016 The workshop meeting was called to order at 5:01 p.m. by Council President Boyce. Councilmembers present: Berrios, Boyce, Budell, Fincher, Higgins, Ralph and Thomas Council President Boyce discussed and highlighted the meeting topic. Fireworks — Draft Ordinance — Assistant City Attorney Pat Fitzpatrick reviewed the proposed ordinance and how it differs from existing City law. Fitzpatrick reviewed existing Chapter 13.05.010, sale and discharge of fireworks in the Kent City Code. Councilmember Thomas confirmed that there would be no fireworks on Lake Meridian unless a permit is obtained and a licensed pyrotechnic expert was running them. Fitzpatrick continued and explained what a permit would entail. He added that the fees would be taken out and handled by the City's fee schedule. The permit process, he said, would require a licensed pyrotechnic operator be named on the permit. Councilmember Berrios confirmed that ShoWare Center would need to have a licensed pyrotechnic operator on hand whenever fireworks are used for their shows. Fitzpatrick discussed the public display of fireworks and stated that a permit may be issued for the 4th of July Splash event, the tree lighting ceremony, and the Kent ShoWare Center, school or post-secondary education events, wedding ceremonies, and cultural events. Council deliberated on the "cultural event" language in the proposed ordinance. Councilmember Thomas stated that any event would have to be approved by the Fire Marshal and have a licensed pyrotechnic operator on hand. He further stated Lake Meridian homeowners also light fireworks. He discussed having an exemption at the three lakes in Kent to allow fireworks. Councilmember Fincher confirmed that a safety review is done when the Fire Marshal inspects prior to a fireworks permit. Fitzpatrick added that the suggested language for a licensed pyrotechnician should include having their credentials checked prior to the issuance of a fireworks permit. Councilmember Ralph noted that by adopting this ordinance, the residents on Lake Meridian are obtaining a privilege because the City would sanction the 4th of July event. Councilmember Berrios communicated that based on this, wherever you are in the City, you will need to go through a permitting process to obtain a fireworks permit. He noted some of the requirements to obtain a permit such as setbacks, etc. January 19, 2016 Kent City Council Workshop Meeting Minutes Jeff Watling, Parks and Community Services Director noted that the City provides 50 percent of the funding for the fireworks show on Lake Meridian. There was further discussion on the requirements of a fireworks permit. Fitzpatrick explained that the City's event would be allowed and individual homeowners, no matter where they lived, would need to obtain a fireworks permit. Councilmember Higgins communicated that he will vote in favor of a ban and noted that a permit is a permit. Everyone should be treated the same no matter where they live in the City. Councilmember Fincher highlighted the City sanctioned event in which the City pays half, as well as the homeowners who set off fireworks from their yards. She stated that the events from the homeowner yards would require a permit. Councilmember Thomas confirmed with Police Chief Thomas that there was only one patrol boat available and it would be difficult to enforce. Councilmember Budell confirmed with Police Chief Thomas that the officers would have a list of permits and the officers would know who was permitted. Councilmember Berrios confirmed with Police Chief Thomas that the police department could execute tickets based on complaints received on the 4t" of July. Council President Boyce warned people that the City would not be peaceful and quiet if a ban is put into place. He added that the police department is already stretched and they would try the best they can to issue tickets. Councilmember Thomas noted that if this ban is put into place there will be a large drain on the police and fire department. Councilmember Budell stated that the City has always had a problem with fireworks and it has gotten progressively worse. She noted that the police know who the offenders are because they have been working on this for years. She added that they utilize intelligence-based policing, so they already have certain areas that they will focus on when a ban is in place. She said it will take time, maybe even five years, but eventually it will get better. Councilmember Thomas said a total ban doesn't work and it will not be quiet on the 4t" of July in 2017, 2018, or 2019. Council President Boyce obtained Council consensus to strike the word "high" in Section 13.05.050, line 4. Councilmember Higgins suggested determining best practices on the use of"cultural events" in the language. 2 January 19, 2016 Kent City Council Workshop Meeting Minutes Councilmember Berrios suggested leaving the language there since everyone would need to obtain a fireworks permit. Fire Chief Jon Napier, City's Fire Marshal, communicated that the City has had permits for fireworks and there have been cultural event fireworks permits in the past where the City would regulate events. He noted that the term "cultural" really has no bearing. He noted that the safety aspect is what determines whether a permit is issued. Council President Boyce recommended replacing the cultural event language and Fitzpatrick replied that he would research and report his findings concerning the language to the Council. Fitzpatrick reviewed Section 13.05.040, formerly Reckless Discharge or Use of Fireworks and Section 13.05.050, Penalty, with the new Section 13.050.060, Violations and Penalties. He noted the fines and what would constitute a violation under this section. He also explained two more infractions that could be added to the violations section. Councilmember Ralph inquired if the property owners can be held liable for discharged fireworks debris on their property even if they did not discharge the fireworks. Fitzpatrick replied that language concerning the cleaning up of fireworks within a 48 hour period could be added. Councilmember Thomas recommended language concerning the issuance of fines for minors and Fitzpatrick noted that any person 16 and over can be fined. Councilmember Berrios verified that the language concerning the weight of all the fireworks that people have on hand would impact the fine. Councilmember Budell communicated that people have truckloads of fireworks and a fine of $250 is only a slap on the wrist for some. She suggested having a fine of $500 per device and $1,000 for people that aren't Kent residents would certainly ensure that they don't come to the City. Councilmember Thomas confirmed that any fireworks in excess of $250 are a fine up to $5,000. Fitzpatrick added that the real cost of a $250 fine with court fees would be $518. Additionally, he stated that there is no way to have a higher fine for someone who isn't a resident of Kent. Fitzpatrick noted for Councilmember Thomas that a fine for commercial property owners having fireworks discharged on their property would require their knowledge of the fireworks being discharged. He noted that commercial property owners would be encouraged to take action when people are discharging fireworks on their property and would also require them to clean up their property if there was an abundance of fireworks waste left. Fitzpatrick continued with Section 13.05.070, Seizure of Fireworks. 3 January 19, 2016 Kent City Council Workshop Meeting Minutes Councilmember Budell confirmed that the evidence of fireworks can be shown through a cell phone or any video, picture, or other credible means. Council President Boyce suggested having the proposed ordinance be placed back on the Public Safety Committee agenda on February 9. Councilmember Ralph thanked the Council for having this discussion. Councilmember Berrios confirmed that the amendments to the proposed ordinance would be brought to the Public Safety Committee. Councilmember Higgins inquired about the state legislature, and Fitzpatrick noted that having the one-year wait removed would be a hard sell due of the number of other things to be considered. Councilmember Boyce stated that there is a house bill concerning this issue and it is being considered. He gave his final comments and thanked the Council for their deliberation on this item. Meeting adjourned at 6:32 p.m. Ronald F. M re, C City Clerk 4 KEOT KENC�� W A S H I N G T O N Kent City Council Meeting Minutes January 19, 2015 The regular meeting of the Kent City Council was called to order at 7:02 p.m. by Council President Boyce. Councilmembers present: Boyce, Berrios, Budell, Fincher, Higgins, Ralph and Thomas. Mayor Cooke absent. CHANGES TO THE AGENDA FROM COUNCIL ADMINISTRATION OR STAFF. Chief Administrative Officer Derek Matheson suggested the addition of item 4G, a Pine Tree Park Update from Parks and Community Services Director Jeff Watling and item 11B, an Executive Session per RCW 42.30.140(1)(a). PUBLIC COMMUNICATIONS A. Historical Note from Kent's 125th Anniversary — Zachary VanTassel, Executive Director of the Greater Kent Historical Society discussed The Winter War and The Finnish Relief Fund, to include how the City of Kent raised money to assist Finland in their national fund raising effort. B. Public Recognition — None. C. Reappointment to the Land Use and Planning Board — Frank Cornelius, Jr., stated that he has been on the board for three years and this is his first reappointment. He added that he is happy to continue on the board. D. Community Events — Council President Boyce announced that the ShoWare Center has just been ranked as a top 20 entertainment venue in the United States as compared to like venues based on ticket sales. He noted that the Kent School District Technology Expo begins this Thursday, January 21 and the Tacoma Stars play on January 22. The Thunderbirds play on January 23 and the Les Schwab Kent High School Basketball Shootout is January 28. Continuing, he said the Washington First Robotics LEGO League and Technology Challenge State Championship Fair is on January 30 at 9 am at the ShoWare Center. Additionally, the Harlem Globetrotters will be at the ShoWare on February 12. He encouraged the public to attend. Councilmember Fincher noted that a Kent Green Stewards work party will be held on January 30 at Lake Fenwick Park. Councilmember Ralph announced that January 29 is International Guitar Night at the Kent-Meridian Performance Arts Center. She noted that there is a show called Antics: Sneaker Suites, an urban dance performance by a hip hop dance theater company, which will be held on Friday, February 5 at the Kent-Meridian Performing Arts Center. Councilmember Thomas communicated that Ms. Blessing had her 98th birthday on Wednesday and works at the St. James Thrift Store twice a week. Kent City Council Meeting Minutes January 19, 2016 E. Public Safety Report - Police Chief Ken Thomas highlighted that the police department received a $33,000 grant for enforcement and public education/outreach. He noted that it is utilized to lower accidents and the program has been running for the past two months. He reviewed the City's crime rates statistics. Officer Gunderson, ,Hale, and Stansfield were presented the Chief's Lifesaving Award for their actions in the line of duty. He noted that this is Officer Stansfield's second Lifesaving Award. Chief Thomas introduced his new employee, Executive Assistant Jalene King. F. Intergovernmental Reports - Council President Boyce noted that the Sound Cities Association Public Issues Committee met last week and Best Starts for Kids was reviewed. He added that the Puget Sound Emergency Radio Network was also discussed and Motorola stated that 38 of the 42 towers have problems, which would move the timeline back. Councilmember Higgins noted that the Regional Transit Committee had an orientation meeting. He stated that tomorrow Sound Transit III will be presented to them. Councilmember Ralph highlighted her Transportation Policy Board and their acceptance of the comprehensive plans of Kirkland, Lake Stevens, Marysville, Medina, Mukilteo, and Kent. She noted that they are considering changes to the project selection criteria that Puget Sound Regional Council issues grant money for transportation projects. She noted a drop to the amount in preservation dollars. She concluded that the South County Area Transportation Board heard a presentation from Chad Bieren, City Engineer on the 228th grade separation. Councilmember Fincher noted that the King Conservation District will meet tomorrow and announced that the food distribution grant funds are available to those working to enhance the areas food network. G. Pine Tree Park Update - Jeff Watling, Parks and Cultural Services Director communicated the process and gave a brief update of the assessment done, as directed by the City Council, on the City's parks. He noted that after the assessment, four parks were identified as for sale due to lack of use. These areas identified in that process were the Old Fire Station property, a remnant parcel on East Hill Park, the former Resource Center Building, and Pine Tree Park. He noted that the area has been developed over the past forty plus years. Due to this, the service area of Pine Tree Park has been greatly reduced and the development cost of the property has increased. He also explained that the creation of the 277th corridor created a "hard edge" and there are road access and utility challenges to this property. He noted that with a smaller service area the return on that investment, along with the increased development costs, would cause this to be a hard investment. He noted that the Forward Thrust agreement allows the City to sell the property and the Prosecuting Attorney's Office has confirmed that the sale can occur if the intended use is relocated elsewhere in the City. He noted that an offer has been received from Oakpointe and a purchase and sale agreement was brought to and approved by the Council in September with the sale completed in the spring. He noted that the proceeds from the sale are to be reinvested into the parks system and that is the intent. The parks sustainability issues are real, he communicated, and some hard decisions have been 2 Kent City Council Meeting Minutes January 19, 2016 made concerning assets being fenced off, sold, and surplused in order to preserve the entire parks system. Councilmember Thomas confirmed that the proceeds can be used on the pool or any park. Councilmember Berrios inquired if a portion of the park can be preserved for a kid's playarea and Watling replied that a portion will be reserved for a recreation area and the trail will be kept. Councilmember Berrios added that the area needs a lot of work. PUBLIC HEARING No public hearing. PUBLIC COMMENT 1. Kristy Herrick, Kent - Herrick communicated that she disagreed with Parks and Cultural Services Director Watling and read from a King County resolution concerning the Pine Tree Park. She explained several issues with the property being sold. 2. Cathy Vomenici, Kent - Vomenici noted that the sale of Pine Tree Park for development sets a dangerous precedence for the City and its voters. She added that the sale of public assets like the park can't solve budget woes, and inquired how much the City is getting in Section 8 grants for this sale. She noted that the sale is just not worth it and expressed concerns with the sale. 3. Traci Dysart, Kent - Dysart stated that the City's vision is for open space and noted that keeping the park aligns itself with that. She stated that selling this park to be developed into an apartment is wrong and mentioned that housing will be there with no place to walk dogs. She said that the City doesn't notify residents who will be affected by issues in the neighborhood. She noted that the sign was placed on January 6 and the public comment period had already passed. 4. Ric Herrick, Kent - Herrick communicated that the Council changed the zoning some time ago so that the residents are allowed five acre lots. He stated that many people walk through the park and use it as a gateway to the river. He noted that people park their vehicles by the school and walk to the park. He said traffic will be worse when the apartments are built. 5. Mary Personette, Kent - Personette thanked the Council for their work on the fireworks, especially Councilmember Berrios. She discussed the history of the issue and highlighted specific housing densities in her neighborhood. She stated there needs to be a ban in Kent because people from outside of the city come here to shoot off fireworks. She spoke against having a pyrotechnician hired prior to being issuing a fireworks permit and reiterated the need to ban fireworks. She stated that she doesn't feel having a ban will stop them overnight, it will take time and allow for the problem areas to be addressed in the City. 3 Kent City Council Meeting Minutes January 19, 2016 6. Leroy Stevenson, Covington - Stevenson highlighted the cost of the Regional Fire Authority (RFA) to individuals and that his family's cost has gone up 35 percent this year. He said the RFA hasn't fulfilled their promises to reduce costs to residents and have businesses pay more. He noted that there aren't fewer employees in the RFA and we are four months away to vote for a fire benefit charge. He noted that the charge isn't applied fairly and there is a tax that no one can understand. He stated that the taxpayers need a consistent tax amount on their tax roll. He noted that they adjust fees to pay for their increased budget. Council President Boyce noted that there is a RFA meeting tomorrow at Station #78 at 5:30 p.m. Councilmember Thomas noted that the rates for most residents went down and commercial rates were increased. He added that the process is equitable and a lot of work goes into the budget. 7. Sharon Gehring, Kent - Gehring urged the Council to pass the fireworks ban. She noted that the advisory vote passed by a majority vote of the Kent residents and urged the Council to adopt at the will of its residents. 8. Patricia Roemmich, Kent - Roemmich urged the Council to pass the fireworks ordinance. She noted that the fireworks are louder and she has to patrol her house to put out fires that have occurred in the past. She said she has previously called 911, and this year her neighbor's car was damaged and a citation was issued. She communicated an incident that occurred in 2014 with debris falling on her house. 9. Far Ghoddoussi, Kent - Ghoddoussi thanked Council President Boyce for having the land use issue placed on the Economic and Community Development Committee agenda. He noted that Assistant City Attorney David Galazin presented three options at the meeting and he is in favor of all three of them. 10. Jacob Dreifus, Kent - Dreifus discussed homelessness in the City. He noted that there are over 500 children in the Kent School District listed as homeless. He inquired why more. isn't done and said it is unacceptable. He voiced his concern on homelessness in the country and in the City. 11. Karen Gower, Tacoma - Gower stated that Auburn doesn't have a fireworks ban and anything the Council does won't affect illegal fireworks. She discussed the public display on Lake Meridian. She suggested the City to consider a ban of fireworks all but two hours, 9pm - 11pm, on July 4. She also discussed banning sales for a certain amount of days. CONSENT CALENDAR Councilmember Ralph moved to approve Consent Calendar items A through H, seconded by Councilmember Thomas. Motion carried 7-0. 4 Kent City Council Meeting Minutes January 19, 2016 A. Approval of the Minutes - Approve. The minutes of the workshop and regular council meeting of December 8, 2015, the special meeting of December 15, 2015 and the workshop of January 5, 2016. B. Approval of Bills - Approve. Bills received through December 15 and paid on November 30 and December 15 after auditing by the Operations Committee on January 5, 2016. C. W. Gowe Street - 4th Ave S. to 6th Ave. S. Drainage - Accept as Complete. The Mayor was authorized to accept the W. Gowe St. - 4th Ave S. to 6th Ave. S. Drainage project as complete and release retainage to R. L. Alia Company upon receipt of standard releases from the state and the release of any liens. D. Agreement with Puget Sound Energy for South 228th Street Project - Approve. The Mayor was authorized to sign an Engineering Services Agreement with Puget Sound Energy in an amount not to exceed $208,510 to provide Engineering services for the relocation of their transmission facilities for the South 228th Street Union Pacific Grade Separation project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. E. Council Respect Action Plan - Adopt. The Council adopted the Council Respect Action Plan as presented, discussed and approved at Council Workshop on January 5, 2016. F. Park and Open Space Comprehensive Plan Amendment - Resolution - Adopt. Resolution No. 1919 was adopted, declaring an emergency to pursue an amendment to the Kent Comprehensive Plan to incorporate the Park Plan. G. Code Enforcement Abatement Liens - Ordinance - Adopt. Ordinance No. 4186 was adopted, amending the Kent City Code to repeal the City's adoption of the Uniform Code for the Abatement of Dangerous Buildings, and adopting a new chapter 14.02, entitled "Unfit Dwellings, Buildings, and Structures" to create an additional enforcement tool for code violations involving unfit dwellings, buildings, and structures. H. Reappointment to the Land Use and Planning Board - Confirm. The council confirmed the reappointment of Frank Cornelius, Jr., to the Land Use & Planning Board for an additional three-year term. OTHER BUSINESS None. BIDS None. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES 5 Kent City Council Meeting Minutes January 19, 2016 A. Council President. - Council President Boyce noted that the subject of the workshop was fireworks. He communicated that each section of the proposed ordinance was discussed and reviewed. He added that the Council isn't questioning the ban of fireworks, it is ensuring the ordinance is easy to read and can be easily followed. B. Mayor. - None. C. Chief Administrative Officer. - Chief Administrative Officer Derek Matheson noted that six candidates were interviewed for the vacant Human Resource Director position. He added that a letter applauding the efforts of the Public Works Department was received by the Mayor. He added that the CAO report is in the packet and there is an executive session for potential litigation and collective bargaining with no action anticipated. D. Economic & Community Development Committee. - In the minutes. E. Operations Committee. - Councilmember Ralph discussed the implementation of a new full-time employee in the Law Department. She added that a limited-term full- time benefited attorney position will be added to the department. F. Parks and Human Services Committee. - Councilmember Fincher noted that the Parks and Open Space Plan was reviewed. She added that Scotch and Vine is opening a restaurant at the Riverbend Complex. She also noted that a presentation will be given at their next Committee meeting concerning Human Trafficking. G. Public Safety Committee. - Councilmember Berrios noted that the next meeting of the committee will be February 9 and the fireworks ban amendments will be discussed. H. Public Works Committee. - In the minutes. I. Regional Fire Authority. - Councilmember Thomas noted that the RFA meeting is tomorrow night at 5:30 p.m. at Station #74. EXECUTIVE SESSION A. Potential Litigation, as per RCW 42.30.110(1)(i) and Collective Bargaining, as per RCW 42.30.140(4). At 8:20 p.m., Council President Boyce announced that the Council would recess into an executive session for Potential Litigation as per RCW 42.30.110(1)(i) and Collective Bargaining as per 42.30.140(4) for a period of twenty minutes. At 8:40 p.m., Council President Boyce announced that the executive session would be extended for an additional twenty minutes. At 9:00 p.m., Council President Boyce reconvened the regular meeting. 6 Kent City Council Meeting Minutes January 19, 2016 ACTION AFTER EXECUTIVE SESSION None. ADJOURNMENT The meeting adjourned at 9:01 p.m. Ronald F. ore, MC City Cler 7