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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 5/5/2020 Approved Kent City Council City Council Regular Meeting Minutes May 5, 2020 Date: May 5, 2020 Time: 7:00 p.m. Place: THIS IS A REMOTE MEETING 1. CALL TO ORDER Mayor Ralph called the meeting to order 2. ROLL CALL Attendee Name Title Status Arrived Dana Ralph Mayor Present Toni Troutner Council President Present Bill Boyce Councilmember Present Brenda Fincher Councilmember Present Satwinder Kaur Councilmember Present Marli Larimer Councilmember Present Les Thomas Councilmember Present Zandria Michaud Councilmember Present 3. AGENDA APPROVAL A. Approve the agenda as presented RESULT: APPROVED [UNANIMOUS] MOVER: Toni Troutner, Council President SECONDER: Les Thomas, Councilmember AYES: Ralph, Troutner, Boyce, Fincher, Kaur, Larimer, Thomas, Michaud 4. PUBLIC COMMUNICATIONS A. Public Recognition Mayor advised of the following proclamations she recently issued: •Affordable Housing Week - May 11-15, 2020. •National Correctional Officer's Week - May 5-11, 2020 •National Police Week - May 15, 2020 •National Public Works Week May 1-23, 2020 i. Employee of the Month Mayor Ralph recognized Margaret Bishop as the employee of the month. Bishop is a Network Engineer in the Information Technology Department and is well-respected by her fellow co-workers. Kent City Council City Council Regular Meeting Minutes May 5, 2020 Kent, Washington Page 2 of 9 ii. Appointment to the Kent Parks and Recreation Commission Mayor recognized Chad McClung as her requested appointment to the Kent Parks and Recreation Committee. B. Community Events None. 5. REPORTS FROM COUNCIL AND STAFF A. Mayor Ralph's Report Mayor Ralph advised she continues to work on COVID and budget issues and is working to keep residents and employees safe and is also working on addressing budget challenges. Parks open spaces are open. Mayor Ralph advised that the play structures and athletic complexes remain closed. Today is the first day the golf course is open with safety protocols in place. Existing construction has opened, along with scheduled medical procedures. Watch the City's social media accounts for updates on the phased reopenings related to Kent. Please visit the State's website for information Coronavirus.wa.gov. Mayor Ralph advised that the department directors are working to come up with potential budget cuts. The Council will be briefed during an upcoming meeting. Staff is working hard to maintain services important to residents, but there will be impacts. Mayor Ralph recognized the residents of Kent for their work to help out other community members in need. B. Chief Administrative Officer's Report Chief Administrative Officer, Derek Matheson advised his written report is in the packet and there is no executive session this evening. C. Councilmember's Reports Council President Troutner provided a brief overview of tonight's budget presentation during the workshop. Councilmember Michaud serves on the Regional Water Quality Committee. The committee met with the King County Wastewater Treatment Departrment to discuss potention sewer rate increases that will be moving forward to the Public Issues Committee. Kent City Council City Council Regular Meeting Minutes May 5, 2020 Kent, Washington Page 3 of 9 Councilmember Kaur serves on the Association of Washingon Cities State and Federal Policy Committee that met on April 23rd and is working on the Statement of Policy that serves as a framework to help set the annual policy agenda for the next 6 years. Councilmember Boyce serves on the Public Issues Committee that will meet on May 13th to discuss the proposed 2021 King County Utility Rate increase, an update on COVID-19 and future levy and ballot measures for King County. Councilmember Fincher serves on the Mental Illness and Drug Dependency Council that met and discussed modifications to the juvenile drug court to try to get youth to reenter the system after their treatment. 6. PUBLIC HEARING A. HB 1754 Regulations for Emergency Housing of the Homeless – Ordinance – Adopt Mayor Ralph provided a brief introduction of this public hearing process. Mayor Ralph opened the public hearing. Long Range Planning Manager, Hayley Bonsteel provided an overview of what was discussed during the recent Committee of the Whole meeting and advised that HB1754 takes effect in June of 2020 and we are interested in having regulations in the code so that they can be grandfathered in prior to the effective date in an effort to retain local control. This ordinance: -Moderately expand geographically where we currently allow religious organizations to house the homeless -allows outdoor facilities within a temporary membrane structure -requires organizations to follow King County Public Health recommendations for sanitation -requires compliance with fire and building codes for safety -requires some administrative requirements - know how the facilities will operate -preservex existing programs Bonsteel reviewed the new definitions differentiating between indoor and outdoor facilities, the expanded zones and the new conditions for indoor and outdoor facilities related to operations. Bonsteel indicated changes have been made to add the Narcan requirement for indoor facilities, a weapons prohibition was added in addition to the notice requirements the religious organizations must comply with. Kent City Council City Council Regular Meeting Minutes May 5, 2020 Kent, Washington Page 4 of 9 Bonsteel advised a change to Section 4 has been made today. Staff became aware this afternoon of an issue with this ordinance and have prepared some alternate language as a result. Section 4 of the ordinance was intended to grandfather existing programs that we know are operating in the City; we realized this afternoon that the language was overly narrow and did not apply to all known facilities/programs. For that reason, we want to suggest the following replacement language for Section 4: "SECTION 4. - Existing Operations. In accordance with KCC 15.08.100, emergency housing facilities that currently exist are considered nonconforming uses of the properties that host the emergency housing facilities. These nonconforming uses of the properties for emergency housing shall be subject to the provisions of KCC 15.08.100 as now enacted or hereafter amended or recodified; provided, that with regards to the programs referred to as the KentHOPE Women’s Overnight Shelter and the KentHOME/WHOME programs sponsored by Catholic Community Services, additional churches may be added to the rotation of churches that provide emergency housing and safe parking pursuant to the above programs upon written notice to the City; and provided further, that emergency shelter facilities shall not be considered nonconforming uses and must comply with the requirements of KCC 15.04.030. For the purposes of this section, the term emergency housing shall have the meaning set forth in KCC 15.02.131 and safe parking shall be subject to the provisions of RCW 35A.21.360(2)(g) as enacted pursuant to House Bill 1754. The provisions of subsection KCC 15.04.030(31) and (35) shall not apply to severe weather shelters that are activated in partnership with the City of Kent. Quarantine facilities shall not be considered emergency housing facilities, and are not considered nonconforming uses." Language has been added to specify that quarantine facilities are not grandfathered, since the intent is for longstanding, stably operating programs-not facilities opened hastily during public health emergencies. Fincher advised that, in the spirit of transparency, she works for Holy Spirit that houses the WHOME program that is not affected by this ordinance and that she will be objective on this matter. Mayor Ralph read the following two public comments received into the record: Dave Mitchell, received via email on May 5, 2020 @ 3:55 p.m. Does the ordinance have any consideration of “grandfathering” existing facilities? Kent City Council City Council Regular Meeting Minutes May 5, 2020 Kent, Washington Page 5 of 9 For example: KentHOPE (Emergency Shelter) and Sunrise House (Emergency Housing) are immediately adjacent to one another. Will the new 1,000-foot minimum distance be required between Emergency Shelter and Emergency Housing? Reference: Agenda Packet Page 27 31.a. ii. At the time of application for the conditional use permit, there shall be no other approved emergency housing or shelter facility located within one thousand (1,000) feet of the proposed emergency housing or shelter facility site. For the purposes of this subsection, distance shall be measured in a straight line between the closest property line of the existing facility and the closest property line of the proposed facility. For purposes of this section, if the City receives applications for proposed facilities that are within one thousand (1,000) feet of each other, the first complete application received by the City shall be given priority. Thank you, Dave Mitchell 14516 SE 266th St Kent WA 98042 Mary Kern, received via email on May 5, 2020 @ 2:35 p.m.: Dear Mayor and City Council, With the City facing a possible $10,000,000 shortfall due to Covid-19, I hope that there would a full-fledged analysis and plan before moving forward with designating new funding towards this issue. We know there are different categories of homeless. Yes in the category of those homeless due to job loss and sincere need, they need a hand up. The category of those into drug, theft, and past refusal of housing as they don’t want to obey rules are different. Since police seem to have their hands tied in dealing with them, it seems something different needs to be planned and worked out. The citizens need to be provided protection too and that appears low on the scale of services. Everyone deserves a sense of safety and protection. At this time it appears that much of the public feels there is nothing that will be done to help the general citizens. I see these comments all the time. Can some new ordinances or actual enforcement be established to deter theft, drug use, and trashing the neighborhood or parks? This needs to be addressed to change the negative impact it is having on the City of Kent. We all want Kent to be a clean, attractive, safe place to live, play, and work. Thank you for considering having a concrete full-fledged plan before throwing more tax payer money towards this. Kent City Council City Council Regular Meeting Minutes May 5, 2020 Kent, Washington Page 6 of 9 Respectfully submitted, Mary Ann Kern Troutner moved to admit the written comments into the record, seconded by Thomas. The motion passed unanimously with a vote of 7-0. Troutner moved to close the public hearing, seconded by Thomas. The motion passed unanimously with a vote of 7-0. MOTION: Adopt Ordinance No. 4358, with Section 4 revised in accordance with the changes to Section 4 presented at the May 5, 2020 council meeting, establishing regulations in response to HB 1754 for the hosting of the homeless at emergency indoor housing facilities and outdoor shelters. RESULT: ADOPTED [UNANIMOUS] MOVER: Satwinder Kaur, Councilmember SECONDER: Marli Larimer, Councilmember AYES: Ralph, Troutner, Boyce, Fincher, Kaur, Larimer, Thomas, Michaud 7. PUBLIC COMMENT None. 8. CONSENT CALENDAR Move to approve items A - I. RESULT: APPROVED [UNANIMOUS] MOVER: Toni Troutner, Council President SECONDER: Les Thomas, Councilmember AYES: Ralph, Troutner, Boyce, Fincher, Kaur, Larimer, Thomas, Michaud A. Approval of Minutes 1. Council Workshop - Workshop Regular Meeting - Apr 21, 2020 5:00 PM 2. City Council Meeting - City Council Regular Meeting - Apr 21, 2020 7:00 PM 3. Committee of the Whole - Committee of the Whole - Regular Meeting - Apr 28, 2020 4:00 PM B. Payment of Bills - Authorize Kent City Council City Council Regular Meeting Minutes May 5, 2020 Kent, Washington Page 7 of 9 MOTION: Approve the payment of bills received through 4/15/20 and paid on 4/15/20 and the checks issued for payroll 4/1/20-4/15/20 and paid on 4/20/20, and audited by the Committee of the Whole on 4/28/20. C. 2015 Fee-in-Lieu Funds Re-allocation - Authorize MOTION: Authorize the Mayor to reallocate $18,600 of fee-in- lieu funds allocated to Springwood Park, amend the Community Parks Reinvestment Program budget, and authorize the future expenditure of these funds for capital improvements at Wilson Playfields. D. Fee in Lieu for the 4th Quarter 2019 and 1st Quarter 2020 - Approve MOTION: Authorize the Mayor to accept $69,750.64 of fee-in- lieu funds, amend the Community Parks Reinvestment Program budget, and authorize the future expenditure of these funds for capital improvements at Kent Memorial Park and Chestnut Ridge Park. E. Puget Sound Emergency Radio Network ILA and MOU - Resolution - Adopt MOTION: Adopt Resolution No. 2011, authorizing the Mayor to sign the Puget Sound Emergency Radio Network (PSERN) Operator Interlocal Agreement creating the PSERN Operator, which will undertake the ownership, operations, maintenance, management and on-going upgrading/replacing of the PSERN System, and authorizing the Mayor to sign a Memorandum of Understanding with the other Valley Com cities to establish the process for selecting Valley Communication’s representative on the PSERN Operator’s Board of Directors. F. Interlocal Agreement with City of Tukwila for the South 200th Street Bridge Maintenance and Repair - Authorize MOTION: Authorize the Mayor to execute an interlocal agreement with the City of Tukwila for the maintenance and repair of the South 200th Street bridge with terms and conditions acceptable to the Public Works Director and City Attorney. G. Accept the Lake Meridian Estates Storm Drainage Improvements Phase II Project as Complete - Authorize MOTION: Authorize the Mayor to accept the Lake Meridian Estates Storm Drainage Improvements Phase II Project as complete and release retainage to Tucci & Sons Inc. upon receipt of standard releases from the State and the release of any liens. Kent City Council City Council Regular Meeting Minutes May 5, 2020 Kent, Washington Page 8 of 9 H. Accept the James Street Pavement Rehabilitaion Project as Complete - Authorize MOTION: Authorize the Mayor to accept the James Street Pavement Rehabilitation Project as complete and release retainage to Kiewit Infrastructure West Company upon receipt of standard releases from the State and the release of any liens. I. Appoint Chad McClung to the Kent Parks and Recreation Commission - Confirm MOTION: Confirm the Mayor's appointment of Chad McClung to the Kent Parks and Recreation Commission for a three-year term that will expire on December 31, 2022. 9. OTHER BUSINESS None 10. BIDS A. Fourth and Willis Roundabout Project Bid - Award Public Works Director, Tim LaPorte provided details on the Fourth and Willis Roundabout Project Bid and recommended awarding to Active Construction, Inc. MOTION: Award the Willis Street and 4th Avenue South Roundabout Project to Active Construction Inc. in the amount of $4,759,759.00 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. RESULT: APPROVED [UNANIMOUS] MOVER: Marli Larimer, Councilmember SECONDER: Zandria Michaud, Councilmember AYES: Ralph, Troutner, Boyce, Fincher, Kaur, Larimer, Thomas, Michaud B. 76th Avenue South Improvements South 220th Street to South 214th Street Project Bid - Award Public Works Director, Tim LaPorte provided details on the 76th Avenue South Improvements South 220th Street to South 214th Street Project Bid and recommended awarding to Northwest Cascade, Inc. Kent City Council City Council Regular Meeting Minutes May 5, 2020 Kent, Washington Page 9 of 9 MOTION: Award the 76th Avenue South Improvements - South 220th Street to South 214th Street Project to Northwest Cascade, Inc. in the amount of $4,472,667.25 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. RESULT: APPROVED [UNANIMOUS] MOVER: Zandria Michaud, Councilmember SECONDER: Les Thomas, Councilmember AYES: Ralph, Troutner, Boyce, Fincher, Kaur, Larimer, Thomas, Michaud C. 2020 Asphalt Overlays Project Bid - Award Public Works Director, Tim LaPorte provided details on the 2020 Asphalt Overlays Project Bid and recommended awarding to Tucci and Sons, Inc. MOTION: Award the 2020 Asphalt Overlays Project to Tucci & Sons Inc. in the amount of $1,882,037.50 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. RESULT: APPROVED [UNANIMOUS] MOVER: Toni Troutner, Council President SECONDER: Bill Boyce, Councilmember AYES: Ralph, Troutner, Boyce, Fincher, Kaur, Larimer, Thomas, Michaud 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION None 12. ADJOURNMENT Mayor Ralph adjourned the meeting. Meeting ended at 7:54 p.m. Kimberley A. Komoto City Clerk Komoto, Kim From: Sent: To: Subject: EXTERNAL EMAIL Dear Mayor and City Council, With the City facing a possible $10,000,000 shortfall due to Covid-19, I hope that there would a full fledged analysis and plan before moving forward with designating new funding towards this issue. We know there are different categories of homeless. . Yes in the category of those homeless due to job loss and sincere need, they need a hand up. . The category of those into drug, theft, and past refusal of housing as they don't want to obey rules are different. Since police seem to have their hands tied in dealing with them, it seems something different needs to be planned and worked out. The citizens need to be provided protection too and that appears low on the scale of services. Everyone deserves a sense of safety and protection. At this time it appears that much of the public feels there is nothing that will be done to help the general citizens. I see these comments all the time, Can some new ordinances or actual enforcement be established to deter theft, drug use, and trashing the neighborhood or parks? This needs to be addressed to change the negative impact it is having on the City of Kent. We all want Kent to be a clean, attractive, safe place to live, play, and work. Thank you for considering having a concrete full fledged plan before throwing more tax payer money towards this. Respectfully subm itted, Mary Ann Kern Sent from my iPhone Mary Kern <mkern9622@comcast.net> Tuesday, May 05, 2020 3:35 PM City Clerk Public hearing on homeless 1 Komoto, Kim From: Sent: To: Subject: Dave Mitchell <drmitchT@gmail.com> Tuesday, May 05, 2020 3:57 PM City Clerk Fwd: Comment for Kent City Council relating to HB L754 Regulations for Emergency Housing of the Homeless For tonight's hearing.. Forwarded message From: Dave Mitchell <drmitchT@smail.com> Date: Tue, May 5, 2O2O at 3:55 PM Subject: Comment for Kent City Council relating to HB 1754 Regulations for Emergency Housing of the Homeless To : CityCou nci I @ KentWA.gov <CitvCou ncil @ kentwa.sov> Cc: lca nd ler@usm.ors <lcandler@ ugm.ors> Does the ordinance have any consideration of "grandfathering" existing facilities? For example: KentHOPE (Emerengcy Shelter) and Sunrise House (Emergency Housing) are immediately adjacent to one another. Will the new 1,000 foot minimum distance be required between Emergency Shelter and Emergency Housing? Reference: Agenda Packet Page27 31 ii. At the time of application for the conditional use permit, there shall be no other approved emergency housing or shelter facility located within one thousand (1,000) feet of the proposed emergency housing or shelter facility site. For the purposes of this subsection, distance shall be measured in a straight line between the closest property line of the existing facility and the closest property line of the proposed facility. For purposes of this section, if the City receives applications for proposed facilities that are within one thousand (1,000) feet of each other, the first complete application received by the City shall be given priority. Thank you, Dave Mitchell L45L6 SE 266th St Kent WA 98042 a 1 EXTERNAL EMAIL Sent from Mail for Windows 10 Willis St (SR 516) and 4th Avenue S Roundabout Bid Award City Council Meeting May 5, 2020 Willis St (SR 516) 5th Av e S 4th Av e S 3rd Av e S 1st Av e S BN S F R R UP R R W Saar St W Crow St 2nd Av e S Project Location Willis St (SR 516) and 4th Avenue S Roundabout Willis St (SR 516) and 4th Avenue S Roundabout Central Island Schematic Willis St (SR 516) and 4th Avenue S Roundabout Willis St (SR 516) 5th Av e S 4th Av e S 3rd Av e S 1st Av e S BN S F R R UP R R W Saar St W Crow St 2nd Av e S Project Location 76th Avenue South Improvements S. 220th Street to S. 214th Street Bid Award City Council Meeting May 5, 2020 This project is in the heart of the Kent Manufacturing and Industrial Center that provides a significant amount of manufacturing, industrial, advanced technology, and related employment. This project will raise 76th Avenue South above the FEMA flood elevation and includes pedestrian improvements, planter strips, new water main, storm system and illumination. Chestnut Ridge Chestnut Ridge Chestnut Ridge Chestnut Ridge 42nd Ave. S. 42nd Ave. S. 42nd Ave. S. 43rd Ave. S. Green Valley Heights Green Valley Heights Green Valley Heights Green Valley Heights Green Valley Heights Cambridge Highlands Cambridge Highlands Cambridge Highlands