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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 10/07/2014KENT w/ASHIN 6TON Kent City Council Meeting Minutes October 7, 2014 The regular meeting of the Kent City Council was called to order at 7:01 P.M. by Mayor Cooke. Councilmembers present: Ralph, Berrios, Boyce, Fincher, Higgins, Ranniger, and Thomas. CHANGES TO THE AGENDA FROM COUNCIL, ADMINISTRATION, OR STAFF None. PUBLIC COMMUNICATIONS A. Public Recognition - Councilmember Fincher recognized the Kent Police Department. She communicated that there was a breakfast sponsored by Catherine's House and thanked Police Chief Thomas and the Police Department for presenting the organization with a $10,000 grant. She noted that the grant came from the assessment of a fee on "johns" who are convicted of prostitution. She noted that these grant funds are given to organizations that help those who have been victims of human trafficking. Mayor Cooke discussed the kidnapping and murder of Mr. Gomez Michel, Mayor of EI Grullo, Mexico, a former city of Kent Sister City. She highlighted his career and stated that approximately 90,000 people have been killed by cartels in Mexico, including 30 mayors. Representatives from the Kent Sister City Program spoke fondly on their relationship with Mayor Michel and Mayor Cooke led the attendees in a moment of sHence for him. Mayor Cooke thanked two members of the Kent Sister City Program who manage the relationship with Sunnfjord, Norway, B. Community Events -None. C. Proclamation for Releaf 2014 at Clark Lake Park -Mayor Cooke presented the Releaf 2014 at Clark Lake Park Proclamation to Jeff Watling, Parks, Recreation and Cultural Services Director and proclaimed October 11 as "Releaf" 2014 at Clark Lake Park. Watling highlighted the proclamation and the event on October 11 and thanked the Mayor and the Council for it. D. Proclamation for Domestic Violence Awareness Month -Mayor Cooke presented the Domestic Violence Awareness Month Proclamation to Liz Mills, Advocacy and Policy Director and JoJo Gaon, Director of Domestic Violence from the South King County YWCA, Mayor Cooke proclaimed the month of October as Domestic Violence Awareness Month and the third week of October as "YWCA Week Without Violence." Liz and JoJo thanked the Mayor and the Council for the proclamation. Mayor Cooke presented four pieces of glasswork from artist Vidar Koksvik from the City's Sister City in Sunnfjord, Norway which will be displayed in the City Hall lobby display case. Kent City Council Meeting Minutes October 7, 2014 E. Economic and Community Development Report - Economic and Community Development Director Ben Wolters introduced new City employee Bill Ellis who is a new resident at The Platform which Wolters stated is currently at 30 percent occupancy. He announced that Tarragon Investment Partners has begun work on The Kent Station Apartments and it will consist of 154 urban studio and one bedroom apartments. He continued and discussed downtown Kent parking improvements, including extending downtown parking from two hours to four hours and restriping parking areas. He stated that the Comprehensive Plan Update groundwork is continuing with the "Create Kent 2035a It's your City" survey. He discussed having outlet sales in the industrial district and possibly having a "retail tour" is being pursued to bolster retail sales. He said that the opening of Trader Joe's was a great success and the Lake Meridian Shopping Center has signed two letters of intent with two international retail firms. Wolters also announced that he has spoken to the owner of the two empty shopping centers at Panther Lake and on East Hill and is working on bringing in shopping opportunities. He discussed recreation/technical industry cluster growth in Kent and that REI has committed funds towards the bike connector project on the Interurban Trail. He communicated that Boeing Defense will be moving 900 employees out of the space center, with approximately 2,000 employees remaining. On a positive note, he stated that Blue Origin continues to succeed and won a contract with NASA for their rocket engine that was tested here in Kent. In Amazon news, he pointed out that their larger 800,000 square foot fulfillment center is being constructed and the smaller 300,000 square foot building is up and running. Wolters continued and announced that Centerpointe was recently purchased and it is currently, with its new facelift, being marketed to tech companies. The city of Kent is at the forefront of the robotics industry and is the home for the 2015 Robotics Championships which will occur in January 2015 at the ShoWare Center. He concluded there are two sites in the City that are still competing for the Federal Aviation Administration Regional Headquarters location. Councilmember Ranniger inquired about the retail space on the bottom floor of The Platform and Wolters responded that the space is about 2,000 square feet and there has been interest from quick serve, coffee type, and legal businesses. Councilmember Berrios stated he is interested in the outlet retail opportunities going on in the warehouse district. Wolters communicated that he is working with the Kent Chamber of Commerce to possibly put on an event to market the area for increased retail sales. F. Intergovernmental Reports -Council President Ralph stated that the Regional Law, Safety, and Justice Committee meeting was held in Kent and there was a presentation from Team Child, an organization which provides legal services for children entering into the legal system. The organization works to keep the children in school and provide housing for them. The hope is to reset the path and keep children out of the legal system, she said. There also was a presentation from a King County Demographer who discussed the changes in population and one by the City of Kirkland concerning their conversion of a building into a police station. The next meeting is in December, she announced. Kent City Council Meeting Minutes October 7, 2014 Councilmember Higgins noted that the Regional Transit Committee meeting is October 15 and thanked King County Councilmembers Upthegrove and Dembowski for favoring changes in the budget to preserve transit services in Kent. He also noted that Monica Whitman from the City staff did a great job providing the King County Councilmembers the information they needed to see. He communicated that the Sound Cities Association (SCA) Board of Directors will be meeting on October 15 and discussing the King County Budget for transit, public health, and the Sherriff's office. Councilmember Fincher noted that the King Conservation District (KCD) meeting was yesterday and she couldn't attend due to a Public Works Committee meeting. She stated she was attending KCD next week and Healthy King County Coalition meeting tomorrow. Councilmember Boyce stated that Sound Cities Association (SCA) meeting is tomorrow night. Mayor Cooke highlighted that SCA will bring forth an item concerning the identification of manufacturing centers. PUBLIC HEARINGS None. PUBLIC COMMENT 1. Don Wood, Kent -Wood communicated that he has a neighbor who smokes marijuana in their back yard and it affects him and his family. He said that the cross breeze blows the smoke into his house and it affects his family. He concluded that he has random drug tests at work and is concerned. 2. Randall Smith, Kent -Smith discussed the first annual fundraising dinner for New Connections. He communicated that the organization started 13 years ago to assist people with connecting back into the community after being incarcerated. He noted that they are having a fundraiser on October 24, 2014 from 5 p.m. - 8 p.m. at the Golden Steer restaurant. 3. Leslie Kae Hamada, Kent -Hamada communicated that she is here on behalf of the KentHope Executive Board. She noted that on December 13, 2013 a day center was opened with 2,931 women have come to the facility. She communicated statistics of the center and shared a personal success story with the Council and that there will be a fundraiser on November 1 from 6 - 8 p.m. at New Beginnings Church. CONSENT CALENDAR Council President Ralph moved to approve Consent Calendar Items A through K, seconded by Councilmember Thomas. Motion carried 7-0. Kent City Council Meeting Minutes October 7, 2014 A. Minutes of Previous Meetings and Workshops - Approve - The minutes of the workshop and regular City Council meetings of September 2, 2014 and September 16, 2014 were approved. B. Annroval %J Bills -Payment of the bills received through JUIy 31 and paid on JUIy 31 after auditing by the Operations Committee on September 16, 2014 were approved. C. Consultant Agreement with Environmental Science Associates for Wetland Mitigation Monitoring - Authorize - The Mayor was authorized to sign a consultant services agreement with Environmental Science Associates in an amount not to exceed $62,113.75 to complete wetland monitoring for the S. 228th St. Extension, Upper Johnson Creek and Meridian Valley Creek Enhancements Projects, subject to terms and conditions acceptable to the City Attorney and the Public Works Director. D. 2015-2016 Biennial Budget -Set Second Public Hearing Date -The Kent City Council set October 21, 2014 for the second public hearing of the 2015-2016 biennial budget at the regular City Council meeting. E. 2015-2020 Capital Improvement Plan -Set Second Public Hearing Date - The Kent City Council set October 21, 2014 for the second hearing of the 2015-2020 Capital Improvement Plan at the regular City Council meeting. F. Kent Comprehensive Plan and Amendments to Kent City Code Section ].2.13, RE: School Impact Fees - Set Public Hearing Date - The Kent City Council set October 21, 2014 as the date for a public hearing to consider amendment of the Capital Facilities Element of the Kent Comprehensive Plan and amendment of Chapter 12.13 Kent City Code to incorporate the updated Capital Facilities Plans of the Auburn, Federal Way Highline and Kent School Districts, the City's 2015-2020 Capital Improvement Plan, and changes to adopted school impact fees. G. 2014 Tax Levy for 2015 Budget -Set Public Hearing Date -The Kent City Council set October 21, 2014 for the public hearing of the 2014 tax levy for the 2015 budget at the regular City Council meeting. H. Well System Maintenance Easement -Authorize -The Mayor was authorized to sign the Well System Maintenance Easement between the city of Kent and Cris LeCompte and Maureen Korsmo-LeCompte, subject to terms and conditions acceptable to the City Attorney and Parks Director, I. Termination of Well Agreement -Authorize The Mayor was authorized to sign the Termination of Well Agreement encumbering properties currently owned by the city of Kent and Cris LeCompte and Maureen Korsmo-LeCompte. J. 2015 Washington State Arts Commission Proiect Sunnort Grant -Accent The Mayor was authorized to accept the 2015 Washington State Arts Commission Projects Support grant in the amount of $3,000 and authorize the expenditure of the funds, in accordance with the grant terms and conditions acceptable to the Parks Director and City Attorney. Kent City Council Meeting Minutes October 7, 2014 K. I" CANN Fitness Equipment Donation - Accept -The Mayor was authorized to accept the South King County Community Activity Nutrition Network Initiative ("I" CANN) fitness equipment donation (valued at $14,000.00) for West Fenwick Park. OTHER BUSINESS A. Recreational Mariivana Zoning Regulations. Ordinance -Adopt -Fred Satterstrom, Planning Department Manager communicated that the proposed ordinance is straightforward and communicates the recommendation of the Land Use and Planning Board. He said it disallows the production, processing, and retail sales of recreational marijuana in Kent. Satterstrom communicated the background of the item and noted that Assistant City Attorney David Galazin was available for any questions. Councilmember Boyce moved to adopt Ordinance No. 4124 adopting the recommendation of the Economic & Community Development Committee to disallow the production, processing, and retail sale of recreational marijuana in all zoning districts in the City of Kent, seconded by Councilmember Berrios. Councilmember Boyce supported the proposed ordinance and stated that this has been a long journey and is the best thing for the City at this time. Councilmember Fincher communicated that she will not be supporting this because there were valid land use options proposed by the City staff. She noted that she took a our of a processing location and it had a closed system which contained odors. She stated that this use is favored by most of the voters in the state. She added that there are similar uses currently operating in the City's industrial area, she stated. Councilmember Higgins noted that he won't be supporting the motion. He communicated that if he was in Mr. Woods' shoes he would be upset as well. He noted that he is in his legal rights to have code enforcement do something about a neighbor that refuses to smoke pot indoors. He said that the way this country has handled marijuana has worked and he said he can't condone a continued sticking of his head in the sand on this. He said he would like to see marijuana tightly regulated and pointed out that 56% of Kent voters voted for this. He expressed concerns that state legislators have already noted that the revenues derived from marijuana sales won't be shared with cities that don't allow marijuana in their jurisdictions. He said he doesn't want to throw the doors wide open, but he wants to try something different and regulating marijuana in Kent. Mayor Cooke asked City Attorney Brubaker to discuss code enforcement concerning neighbors smoking pot. Brubaker communicated that it is not legal to smoke marijuana in the view of the general public, but being in a private backyard isn't in the general public. Councilmember Fincher verified that Mr. Wood didn't have a homeowners association. A vote was taken on the motion on the table to adopt Ordinance No. 4124 adopting the recommendation of the Economic &Community Development 101 Kent City Council Meeting Minutes October 7, 2014 Committee to disallow the production, processing, and retail sale of recreational marijuana in all zoning districts in the City of Kent. Motion passed 5-2. Councilmember Fincher and Higgins dissented. B. New Alaska Mobile Home Iwo, k Rezone Ordinance (Quasi-judicial) —Adopt - City Attorney Tom Brubaker communicated that this is a site specific rezone and a quasi-judicial decision. He stated that the Council makes its decision on the record. Public testimony has already occurred in the hearings of the Hearing Examiner process. He noted that it has undergone analysis of the record and testimony on the record an now there is a recommendation by the Hearing Examiner to the Council. As set by City ordinance the Council has to base their decision on five factors and those are: 1) that the rezone is consistent with the Comprehensive Plan, 2) that the rezone and subsequent development will be compatible with the development in the vicinity, 3) that the rezone will not unduly burden the transportation system, 4) that conditions have substantially changed since the current zoning district has been established, or 5) that the rezone will adversely affects public health safety and welfare. If the Council amends or rejects the Hearing Examiners recommendation, the Council must clearly state reasons for the record which form the basis of the amendment or rejection and explain why the five factors haven't been met. Due to this being a quasi-judicial item, a councilmember must recuse themselves if they believe there are any conflicts or appearance of fairness issues concerning this item. He added that ex-parte contacts also need to be disclosed and inquired if any councilmembers have had any contacts with either party of the matter. Councilmember Ralph communicated that she received but did not read an email concerning the rezone. Brubaker asked whether any councilmember had any ex pane contacts with any proponents or opponents of the proposal. Brubaker then asked whether anyone attending this quasi-judicial proceeding objected to any councilmember's participation. No one objected. Sharon Clamp, Planner communicated that the rezone is for three parcels totaling 2.82 acres being rezoned from MHP, Mobile Home Park, to MTC-1, Midway Transit Community-1. She displayed the location of the property. Councilmember Fincher confirmed that if the owner is interested in selling the property he/she must notify residents 12 months in advance and have the approved relocation plan on file with the City prior to giving such notification to the residents. Councilmember Boyce moved to adopt Ordinance No. 4125 accepting the findings of the Hearing Examiner and rezoning the property located at 2703 South 2401h Street, seconded by Councilmember Fincher. Motion carried 7=0. C. Lower/Lowest Russell Road Condemnation Ordinance —Adopt -Public Works Director Tim LaPorte discussed the item and highlighted the background of the item. He stated that the project is necessary to provide flood protection to the Green River Valley which includes the cities of Kent, Tukwila, and Renton. Property and property 6 Kent City Council Meeting Minutes October 7, 2014 rights along the alignment of the project must be acquired in order to complete the project. He noted that the four properties on the map needed to be acquired and the City has been successful in acquiring three of the four. This is a fairly serious issue at this location along the river. He pointed out that the entire levee accreditation effort is a $70 million endeavor. He added that the work is being paid for by a $403,000 grant from Conservation Futures and the city of Kent Stormwater Utility Fund. The City has secured $50 million in grants and earmarks, to include funds from King County. The City staff has been very successful in obtaining funds for this endeavor. LaPorte explained that the property in question is the Torgenson/Kuno property and the owners reside out of the area. He noted that to complete a levee it needs to be continuous and these properties are located on Russell Road north of 228th Avenue. Mayor Cooke communicated that no matter what happens with the Systemwide Improvement Framework, this property has to be acquired for anything to get done on the levee. Councilmember Higgins moved to adopt Ordinance No. 4126, providing for the acquisition of certain property rights along the Green River to complete levee improvements for the Lower/Lowest Russell Road Levee, seconded by Council President Ralph. Councilmember Higgins thanked LaPorte for the presentation and noted that this can't be delayed any longer. He noted that this concerns protecting the fourth largest industrial district in the United States and in order to protect thousands of jobs and the infrastructure of the region this needs to move forward at this time. Council President Ralph agreed with Councilmember Higgins said time is of the essence. She said there have been photos of this section and it needs to be replaced because it continues to deteriorate at a rapid pace. A vote was taken on the motion to adopt Ordinance No. 4126, providing for the acquisition of certain property rights along the Green River to complete levee improvements for the Lower/Lowest Russell Road Levee. Motion carried 7=0. BIDS None. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES A. Council President. Council President Ralph discussed the workshop and noted that there were two items on the agenda. She said that the Council had a lengthy discussion on ShoWare and internal debt. B. Mayor. Mayor Cooke noted she has been working on the budget and on the Boeing Levee. She communicated that the City has been asked to celebrate with the National Republic of China (Taiwan) on their establishment of their own country. She added 7 Kent City Council Meeting Minutes October 7, 2014 that there have been discussions with the Latino community concerning the establishment of a Lucy Lopez Community Center. She discussed the International Dance Party and that Councilmembers Berrios and Fincher attended. C. Administration. Chief Administrative Officer Matheson communicated that there is an executive session to discuss pending litigation and property negotiation for an estimated period of twenty minutes. D. Economic &Community Development Committee. In the minutes. E. Operations Committee. In the minutes. F. Parks and Human Services Committee. No report. G. Public Safety Committee. Councilmember Berrios noted that the next meeting is next Tuesday, October 14 at 4:30 p.m. and the topics include fireworks, school zone safety cameras, to include the possibility of expanding that program, and street racing enforcement and education. H. Public Works Committee. Councilmember Higgins noted that he wasn't at the last meeting and his report is in the minutes. I. Regional Fire Authority,, Councilmember Thomas announced that there was a Regional Fire Authority meeting on October 15 at 5:30 p.m. at Station 78. Councilmember Fincher communicated about the International Dance Party. She also announced that the Police Department will have their Community Meeting on Thursday, October 9 at 6:00 p.m. at Meridian Elementary School. Councilmember Berrios discussed the International Dance Party. RECESS At 8:46 p.m., Mayor Cooke called for a three minute recess. EXECUTIVE SESSION At 8:49 p.m., Mayor Cooke reconvened the regular meeting and announced that the Council would recess into an Executive Session for twenty minutes to discuss pending litigation as per RCW 42.30.110(1) (1) and property negotiation as per RCW 42.30.110(1)(c). At 9:09 p.m., Mayor Cooke extended the Executive Session would be extended for another ten minutes. At 9:19 p.m., Mayor Cooke extended the Executive Session for another five minutes. Kent City Council Meeting Minutes October 7, 2014 At 9:211. p.m., the Executive Session concluded and Mayor Cooke reconvened the regular meeting. ACTION AFTER EXECUTIVE SESSION A. Pending gation, as per RCW 42.30.110IL J (i). No action occurred. B. Property Negotiation, as per RCW 42.30.110(1) (c) -Tim LaPorte communicated that the City has negotiated a purchase and sale agreement with Kimberly Voss for the property at 22274 Russell Road South. This property is necessary for the reconstruction of the Russell Road Levee which is a part of the City's accreditation effort for the entire right bank Green River through the City of Kent. The acquisition of this property is necessary for that purpose and the City staff recommends this agreement. Councilmember Higgins moved to authorize the Mayor to sign all necessary documents to complete the purchase and sale of the Voss property located at 22274 Russell Road South with the purchase price of $281,000 not to exceed established budgets and subject to final terms and conditions acceptable to the Public Works Director and City Attorney, seconded by Councilmember Fincher. Motion carried 7-0. ADJOURNMENT The meeting adjourned at 9:24 p.m. Ronald F. . `oore :it Cle MC