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HomeMy WebLinkAboutCity Council Meeting - Council - Regular Minutes - 08/03/2021 Approved Kent City Council City Council Regular Meeting Minutes August 3, 2021 Date: August 3, 2021 Time: 5:00 p.m. Place: Chambers 1. CALL TO ORDER/FLAG SALUTE 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 Excused Zandria Michaud Councilmember Present 3. AGENDA APPROVAL A. I move to approve the agenda as presented. RESULT: APPROVED [UNANIMOUS] MOVER: Toni Troutner, Council President SECONDER: Bill Boyce, Councilmember AYES: Troutner, Boyce, Fincher, Kaur, Larimer, Michaud EXCUSED: Thomas 4. PUBLIC COMMUNICATIONS A. Public Recognition 1. Employee of the Month Mayor recognized Officer Joel Makings as the August employee of the month. 2. Reappointments to the Cultural Communities Board Mayor requested the Council confirm her recommended reappointment of members to the Cultural Communities Board. B. Community Events Mayor Ralph expressed her excitement of participating in tonight’s National Night Out. Kent City Council City Council Regular Meeting Minutes August 3, 2021 Kent, Washington Page 2 of 5 Council President Troutner invited the public to attend the City's Summer Concert Series performances. Councilmember Fincher invited the public to attend a community party at Morrill Meadows Park on August 6th from 1-7 p.m. 5. REPORTS FROM COUNCIL AND STAFF A. Mayor Ralph's Report Mayor Ralph advised she will report out on all of her regional meetings during the August 17th Council meeting. B. Chief Administrative Officer's Report Chief Administrative Officer, Derek Matheson advised his written report is in today's agenda packet and there is no executive session tonight. C. Councilmembers' Reports All councilmembers agreed to report out on their regional committees during the August 17th City Council meeting. 6. PUBLIC HEARING None. 7. PUBLIC COMMENT Bill McLaughlin, a Kent resident provided public comment and expressed concerns over the four pickleball courts planned for Meridian Valley Country Club. Mr. McLaughlin provided copies of his written comments to all councilmembers. T.J. Petersen, a Kent resident provided public comment on the Local Journalism Sustainability Act, tenant protections and requested the Council vote on the King County tenant protections. Petersen expressed his appreciation of Officers Butenschoen and Mills for their hard work assisting members of the community that are in crisis. 8. CONSENT CALENDAR I move to approve Consent items A - H. Kent City Council City Council Regular Meeting Minutes August 3, 2021 Kent, Washington Page 3 of 5 RESULT: APPROVED [UNANIMOUS] MOVER: Toni Troutner, Council President SECONDER: Marli Larimer, Councilmember AYES: Troutner, Boyce, Fincher, Kaur, Larimer, Michaud EXCUSED: Thomas A. Approval of Minutes 1. Council Workshop - Workshop Regular Meeting - Jul 20, 2021 5:00 PM 2. City Council Meeting - City Council Regular Meeting - Jul 20, 2021 7:00 PM 3. Committee of the Whole - Committee of the Whole - Regular Meeting - Jul 27, 2021 4:00 PM B. Payment of Bills - Authorize MOTION: I move to authorize the payment of bills received through 7/15/21 and paid on 7/15/21 and approve the checks issued for payroll 7/1/21-7/15/21 and paid on 7/20/21, all audited by the Committee of the Whole on 7/27/21. C. Excused Absence for Councilmember Thomas - Approve MOTION: I move to approve an excused absence for Councilmember Thomas for the August 3, 2021 City Council meeting. D. Reappointments to the Kent Cultural Communities Board – Confirm MOTION: I move to approve the reappointment of Sara Franklin-Phillips, Rand Al Hammadi, Vaivao Semisi-Tupou, Marvin Eckfeldt, Yusuf Bashir, Mizanur Rahman, Davies Chirwa, Norma Maldonado, Tanya Medina, Lelei Masina, Taffy Johnson, Oleg Pynda and Ayat Murad to the Cultural Communities Board, each to serve an additional one-year term commencing on August 1, 2021 and expiring on July 31, 2022, and ratify all acts consistent with these reappointments. E. Correct Length of Appointment for Members on Appointive Commissions - Approve MOTION: I move to approve correcting the length of appointment for members of the City’s various appointive commissions as provided for in the presentation before Council at its July 27, 2021, Committee of the Whole meeting to correct previous mathematical errors and ratify all acts consistent with this motion and prior to its passage. Kent City Council City Council Regular Meeting Minutes August 3, 2021 Kent, Washington Page 4 of 5 F. Ratify Reappointments of Members to Appointive Commissions – Authorize MOTION: I move to ratify the reappointment and confirmation of members to the City’s various appointive commissions as provided for in the presentation before Council at its July 27, 2021, Committee of the Whole meeting and ratify all acts consistent with this motion and prior to its passage. G. 2021 Second Quarter Fee In Lieu Funds - Authorize MOTION: I move to authorize the Mayor to accept $10,200 of fee-in-lieu funds, amend the Community Parks Reinvestment Program budget, and authorize the future expenditure of these funds for capital improvements at Campus Park. H. Allocation Recommendations: Third Round of Community Development Block Grant Coronavirus Funds - Authorize MOTION: I move to authorize the Mayor to approve the third round of Community Development Block Grant Coronavirus Funds as recommended by the Human Services Division of the Parks Department. 9. OTHER BUSINESS None. 10. BIDS A. South 224th Street Projects Wetland Mitigation and Remediation - Award Public Works Director, Chad Bieren provided details on the South 224th Street Projects Wetland Mitigation and Remediation bid and recommended awarding to OMA Construction, Inc. MOTION: I move to award the South 224th Street Projects Wetland Mitigation and Remediation Project to OMA Construction, Inc. in the amount of $573,800 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION None. 12. ADJOURNMENT Mayor Ralph adjourned the meeting. Kent City Council City Council Regular Meeting Minutes August 3, 2021 Kent, Washington Page 5 of 5 Meeting ended at 5:23 p.m. Kimberley A. Komoto City Clerk Public Comment - Sign Up SheetFor the Kent City Council Meeting of: August 3, 2O2LPlease PRINT your contact information b.elow llLx'j;;1:it:"r*jfrr, come to the podium and state your NameYou will be given THREE minutes to speak654.3216-,ll /l:t4\cddJNAMEPrint Leoiblvk)t-u7vt'b(107oC--7lG Z>26TelephoneNumbererwilrfr W,W10 ffila"Y.,h^Id$nOr 14t$(UJ[?,,-. - U,c @ ftrs*].<ccrtIEmail Address4wffAechiI7^t//*blzTopicS:\PUBLIC\City Clerk's Office\City Council\City Council Meetings\TEMPLATES\S|gn In Sheet Public Comments.doc i Citv of Kent. Council Meetine - Tuesdav. August 3' 2021 RE: Permit #REMC-2212480 - Meridian Valley Country Club 24830 136th Avenue SE Kent, WA 98042 2s3-631-3131 I am here to talk to you about 4 pickleball courts, Meridian Valley country club has asked for a permit to repave a parking lot and tennis court, lt is their plan to convert the tennis court into 4 pickleball courts which I feel is a change in use. The pickleball courts will be 30'from our property line and 70' from our home. lt will not only impact us it will impact all our adjacent neighbors who arso rive above the proposed rand change. we have talked to many people'with experience of playing pickleball and living in communities with pickleball and they say don't let it happen, due to the very loud noise of the sport plus the noisy enthusiasm of the players' Four pickleball courts will mean up to a total of 16 people playing at one time which will create excessive noise well above the 55dBA the City of Kent allows. The City of Kent does have a Noise Control ordinance, Chapter 8.05 (revise d 5/201and the Building Department is the designated Noise control office. Under this Noise control ordinance the decibel level shall not exceed 55dBA in a Residential area. lt seems that the Building Department could do something about this permit before it is issued' ln the research I have done a pickleball Court produces (75 to 85 dBA) which is way over the limit of what the city of Kent Noise control ordinance allows in a residential neighborhood' Attachment #1 is a copy of paper concerning Pickleball courts. lt is written by Lance willis with the firm spendiarian & willis Acoustics & Noise control LLC in Tucson, Arizona. He discusses Sound Control and Site Planning and I quote: aBaSed On Our experience working with pickleball facilities, Gourts located within 35O feet of residential structures often require abatement. Gourts located within 'l5O feet require careful abatement design to avoid complaints"t And another quote from this paper: aFor sites that have a water feature or golf course as part of the intervening ground between the courts and homes or for sites located in a valley, it may be necessary to consider abatement at buffer distances greater than 5OO to 6OO feet due to additional refraction effects created in these situations.tt Meridian Valley country club does have water features and atso is located in a large valley' This means that not only the residences adjacent to these courts but also the residences surrounding the golf course will be subject to these noises. pTrrtcLllned-r * I Why Are Your Pickleball Gourts Receiving Coffiptaifits' from Neighbors? by i.ance.luillis Post€d on ApdLZS. 20'18 Picklehall is a game plaYed with a paddle and ball on a converted tennis court or dedicated asphalt Pad. It has become very PoPular in retirement resort communities and other recreation centers. Unfortunately, some developers of pickleball courts have not adequately addressed the sound produced by the impact of the hard paddle and ball which creates a sharp pop. This has led to controversy between facility owners and neighbors when new pickleball coutts are Planned. Here in Arizona and elsewhere we have planned and mitigated many of these sites. We have had the opportunity to work with both pickleball clubs and home owners associations. In this post we will outline the process we have developed to evaluate the noise impact of pickleball courts and to enable pickleball to coexist with the surrounding community. Characteristics of Pickleball Sound The sound produced by the impact between a pickleball and paddle is characterized by a sudden onset and brief duration, typically on the order of two milliseconds for the direct path sound. Figure 1 shows a time trace of a pickleball paddle impact measured near Phoenix, Arizona. The main part of the dirdct sound impulse can be seen to be less than two milliseconds followed a rapid decay and some later reverberant arrivals' Flgurs 1. Paddle lmpacl Tlme Trace The spectral content of the paddle impact is narrowband with a center frequency typically between 1,000 and 2,000 Hedz (see ^borri Us Conl"lcl ,l ;" 0.075 0,050 0.025 0.000 -0,025 -0,050 -0.075 d o a Espca ?5152005l0 in the impact alone. Appropriate adjustments for impulsive soundscanthenbeappliedtotheimpactsasdescribednext. Most acoustical standards for sound pressure levels with regard to compatible land use provide adjustment factors for different types of sound, e.g. impulsive, tonal, time of day, etc' Each of these categories of sound produces different levels of community impact and annoyance due to their temporal or spectral characteristics in comparison to a broadband sound that does not vary in level or frequency content with time. The purpose of the adjustment factors is to normalize these types of sound to a neutral broadband sound pressure level so that they can be reasonably compared to a defined sound pressure level limit or the background noise level. ANSI S12,9 Part 4 gives criteria for assigning adjustment factors. to a variety of impulsive sounds. Sounds produced by many impact processes are classified as'highly impulsive'and assigned a t2 dB adjustment' Although not specifically enumerated in definition 3.4.L of the standard, experience has shown that pickleball paddle impacts should be adjusted as highly lmpulsive sounds in order to set appropriate performance goals for abatement treatments. Inadequate abatement treatment may lead to ongoing complaints, strained relations with neighbors, legal action, the need for continued involvement on the part of authorities, additional retrofitting, and possibly demolition costs to improve the abatement later' Site Plannlng Considerations for Pickleball Based on our experience working with pickleballfacilities, coufts located within 350 feet of residential structures often require abatement. Courts located within 150 feet require careful abatement design to avoid complaints. Abatement treatments usually consist of freestanding walls strategically placed to shield noise sensitive areas from the pickleball courts. To be effective, the walls must block the line of sight to the paddles during play. on level terrain this means a minimum wall height of eight feet above the playing surface. The cost of the walls can be reduced by lowering the courts into the ground and using the excess soil to build a berm around the coufts. Placing the wall on top of the berm will lower the required height of the wall itself, reducing construction costs' The wall may be masonry or a solid fence system having sufficient mass for effective sound insulation. For pickleball courts located in the middle of a residential area with houses on more than two sides, screen walls may be required on opposite sides of the couds' When these walls are parallel to each other, reflections between them can degrade the Patrick T Ne.ry says: Septemb€r 26, 2018 al7:'12 am Hello, I live on the property llne of the Yellowstone Golf and COuntry CLub ln Billings, MT' The Club proposes to place a pickleball court extremely close to my property llner within 50 feet! I have apPris€d them ofthe problem and referred them and their architect to your sfudies. I am also s€eking legal counsel' The club manager states they were not aware of the problem. Do you have a comprehensive list of the pickleball studies you have performed natlonally, or other lnformation concerning the volume of complainb, Iawsulb, etc related to pickleball nationally? I am obviously, trylng to build a case for redesign, distanclng from my (and others') property' mitigation, etc. Thank you. Lance willis says: Septomb6r 26, 2018 at 9:30 am 50 feet ls very dose. Plckleball courB placed at this distance from residential propertles usually result in complaints without significant mitigation. A list of some of our gnvilgmEolalagcsslici-rugjects is available on the website' Well try to put up a category for pickleball in the near fufure. The best way to proceed would be for the country club to contact us and discuss dolng a noise abatement plan for the proposed courts site. That would enable them to address any communlty noise impact issues before they bemme a problem that is expensive to retrofiL Llnda waldman says: January 23, 2019 at 8:55 am pickle ball courts were built within forty feet of our residence. Not onty is the pickle ball noise loud, but the players scream as loud as possible while playing' Can anything be done legally' Lance Wlllis says: January 23, 2019 at 10:52 am This will depend on the noise legislation for your area; Every county and municipality has a different standard for defining nuisance noise and how to measure lL In most cases' regulatlons for lmpulslve Sound are not deflned by these ordlnances and so we rely on the ANSI standards mentloned ln the posL Enforcement is usually handled through your local police or department of developmental services. If the site owners would like to mitigate the impact on neighboring properties they can contact us to discuss creating a noise abatement plan. Copyrlght @ 2010-2021 Spendlarlan & Wllls Acoustlc! & Nol!6 Gontrcl LLC 4it35 tl Alvrmon Way, Tucon, Arlzona 85718 (s2o) 6236003 'T-* z-- HOA TAWYER BLOC Pickleball I nstallation November 18;2020 | by Steven J. Tinnelly,-!.5q. *Asked & Answered Asked_severalmembersofourassociationhaverequestedthat we convert a portion of our common area into a pickleball court' Does your office recommend moving forward with the installation? Answered - Generally, no. For those who may not know' pickleball is a paddle sport that combines elements of tennis, badminton, and ping pong' Two or four players use solid paddles to hit a wiffleball over a net' lt is an activity that can be played amongst all age groups and provides various health benefits and has increased in popularity in recent years' However, with its benefits comes numerous issues. considering that picklebail is played with a solid paddle and a wiffleball, it is an extraordinarily loud sport. Moreover, as it grows in popularity, it generally brings large gatherings of people together whose yells and cheers can be heard over great distances. This noise may result in a substantial nuisance to those within earshot and may subject the association to various lawsuits unless the pickleball courts are constructed far out of the earshot of the residences. Unfortunately, our office has seen many associations attempting to convert croquet lawns, bocce ball courts' etc. into pickleball courts that are centrally located to other amenities provided by the association' These are typically areas which many members regularly visit as a place of quiet enjoyment and relaxation' unfortunately' this quiet enjoyment could be severely disrupted once the pickleball courts ars installed' Even more concerning is when associations attempt to install the pickleball courts in areas immediately adjacent to residences. The owners of the surrounding homes will be routinely battered with the noise emanating from the pickleball courts. This will no doubt result in substantial frustration to those residents' may have a negative impact on their property value, and will, almost certainly, result in a nuisance lawsuit for the association. The nuisance created by this loud sport has resulted in various lawsuits and setflement agreements costing associations tens of thousands of dollars and has severely harmed many associations' financial wellbeing' This, in turn, is then passed back to the membership by way of increased assessments' As such, if the association decides to move forward with the installation of the pickleball courts , it is not a matter of if, but a question of when a lawsuit may be filed. Thus, unless the association has an area far removed from the residences and other common area amenities, it is likely not worth exposing the association to the increased risk of liability' A''trke6r6olf 4 3 yZ tgutv r,rrr PGffl"rY f rcrnL| fr,'^r* {n^-r{l! tpq&p;u,J ffiro" Lt xle pff frcl4\ft{--\ *V S 224th St Projects Wetland Mitigation & Remediation Project Award –August 3, 2021 City Council