HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 12/09/2008 Kent City Council Meeting
M KENC.
WASHiH 3TpM December 9, 2008
The regular meeting of the Kent City Council was called to order at 7:00 p.m. by
Mayor Cooke. Councilmembers present: Albertson, Clark, Danielson, Harmon,
Ranniger, Raplee, and Thomas. (CFN-198)
CHANGES TO THE AGENDA
A. From Council, Administration, Staff. (CFN-198) Hodgson pointed out that a
revision has been made to the property tax levy ordinance in the agenda packet
(Consent Calendar Item T) which now reflects the final tax levy figure.
B. From the Public. (CFN-198) There were no changes from the public.
PUBLIC COMMUNICATIONS
A. Public Recognition. (CFN-198) Mayor Cooke commended the Lions Club and
Bill Wescott, as well as Lee Anderson and all the other volunteers who were
involved in the recent Winterfest celebration.
B. Community Events. (CFN-198) Ranniger encouraged citizens to participate in
the Christmas Fun Run and Walk taking place next Saturday. The Mayor then
invited everyone to attend the opening of the ShoWare Center on January 2nd, and
• Seattle Thunderbirds mascot Cool Bird presented Councilmember Danielson with a
Thunderbirds Jersey.
C. Introduction of Appointee. (CFN-839) Mayor Cooke introduced Jackie
Argueta, her appointee to the Kent Arts Commission.
D. Employee of the Month. (CFN-147) Council President Raplee announced that
Administrative Assistant Julie Pulliam has been chosen as Employee of the Month
for December, and commended her for her dedication and hard work. After
comments from Ben Wolters, Ms. Pulliam was presented with the Employee of the
Month award.
PUBLIC HEARINGS
A. LID 363 — South 224th Street Project/East Valley Highway to SR-515
Formation. (CFN-1308) Deputy Public Works Director LaPorte explained that the
need for this project to connect the East Hill/Soos Creek plateau with the SR 167/
I-5 freeways was forecast in the mid 1980's, and that since 1986, each develop-
ment within the benefit area was required to sign an Environmental Mitigation
Agreement to fund a portion of the project cost and not to protest the formation of
a Local Improvement District that would provide for payment of the obligation over
time.
Engineering Supervisor Chad Bieren provided financial information, and the type of
• properties which have and have not paid their obligations. Mark Howlett gave an
overview of the public outreach up to this point, and the schedule if the LID is
formed.
1
Kent City Council Minutes December 9, 2008
S
The City Attorney explained the LID process and the purpose of this hearing.
LaPorte noted for Danielson that the LID is a payment method, and that if the LID
is not formed, collection of the Environmental Mitigation Agreements would most
likely begin. Albertson moved to make the letters of protest from Public Storage
and from Oleg and Nadia Leonov a part of the public record. Clark seconded and
the motion carried.
Mayor Cooke opened the public hearing. Kirt Butler, 21915 95th Place South, said
his property will not benefit from the improvements. Ed Kosnoski, who had signed
up to speak, chose not to comment. There were no further comments from the
audience, and Raplee moved to close the public hearing. Harmon seconded and
the motion carried.
Ranniger moved to adopt Ordinance No. 3896 authorizing the formation of Local
Improvement District No. 363, S. 224th Street Project, and ordering construction of
the project improvements. Raplee seconded. Clark noted that the road is not up
to safety standards and that it must be improved. Ranniger spoke of the benefits
to the community and Harmon opined that it is a good compromise. Ranniger's
motion then carried.
CONSENT CALENDAR
Raplee moved to approve Consent Calendar Items A through V including the
revision to the property tax levy ordinance in Item T. Clark seconded and the
motion carried.
• A. Approval of Minutes. (CFN-198) Minutes of the regular Council meeting of
November 18, 2008, were approved.
B. Approval of Bills. (CFN-104) Payment of the bills received through
October 15 and paid on October 15 after auditing by the Operations Committee on
November 4, 2008 were approved.
Checks issued for vouchers were approved:
Date Check Numbers Amount
10/15/08 Wire Transfers 3446-3465 $5,786,071.62
10/15/08 Regular Checks 625333-625870 2,826,331.67
Use tax Payable 2,937.25
$8,615,340.54
Payment of the bills received through October 31 and paid on October 31 after
auditing by the Operations Committee on November 18, 2008, were approved.
Checks issued for vouchers were approved:
Date Check Numbers Amount
10/31/08 Wire Transfers 3466-3486 $1,858,424.52
10/31/08 Regular Checks 625871-626541 4,737,575.31
Void Checks -799.00
Use tax Payable 760.11
$6,595,960.94
2
Kent City Council Minutes December 9, 2008
Checks issued for payroll for October 1 through October 15 and paid on October 20,
2008, were approved:
Date Check Numbers Amount
10/20/08 Checks 308063-308336 $ 211,628.36
10/20/08 Advices 238078-238838 1,517,839.82
$1,729,468.18
Checks issued for interim payroll for October 7 and paid on October 7, 2008, were
approved:
Date Check Numbers Amount
10/7/08 Void Check $ -466.25
10/7/08 Reissue Check 308062 466.25
$ 0
Checks issued for payroll for October 16 through October 31 and paid on
November 5, 2008, were approved:
Date Check Numbers Amount
11/5/08 Checks 308337-308605 $ 216,968.52
11/5/08 Advices 238839-239599 1,532,369.89
$1,749,338.41
C. LID 359, 116th Avenue SE Improvements Ordinance. (CFN-1300)
Ordinance No. 3897 confirming the final assessment roll for LID 359, 116th Avenue
SE Improvements and adopting the City Council's findings and conclusions
regarding that roll was adopted.
a
D. Kent Arts Commission Appointment. (CFN-839) The Mayor's appointment
of Jacqeline (Jackie) Argueta to the City of Kent's Arts Commission was confirmed.
She will serve a one-year term as the youth member on the Arts Commission from
October 21, 2008, through October 31, 2009.
E. Highridge Terrace Bill of Sale. (CFN-484) The Bill of Sale for Highridge
Terrace for 293 linear feet of watermain, 1 hydrant, 287 linear feet of sanitary
sewer, 2 manholes, 17 linear feet of storm sewer, and 1 catch basin was accepted.
The project is located at 116 SE 266th Place.
F. Kent Covenant Church Bill of Sale. (CFN-484) The Bill of Sale for Kent
Covenant Church for 268 linear feet of sanitary sewer and 2 manholes was
accepted. The project is located at 12010 SE 240th.
G. "Comcast Cares Day" Donation. (CFN-104) The $5,050.50 from the Kent
Parks Foundation toward the purchase of playground equipment at Lake Meridian
Park was accepted, and the expenditure of funds in the Lake Meridian Playground
• Equipment budget was approved.
3
Kent City Council Minutes December 9, 2008
H. King County 4Culture 2008 Performance Network Grant. (CFN-118) The
$9,250 from King County 4Culture to reimburse the Kent Arts Commission for three
site specific performance network pieces was accepted and the expenditure of these
funds in the Arts Commission budget was approved.
I. Aukeen and Kent Municipal Court Expansion Project Agreement.
(CFN-983) The Mayor was authorized to sign an agreement with David Clark
Architects PLLC, in the amount of $669,227, for design, bidding, and construction
services relative to the expansion of the Aukeen and Kent Municipal Court facilities,
subject to final terms and conditions acceptable to the City Attorney.
J. Avalon (aka/Orme) Court Final Plat (Quasi-Judicial). (CFN-1272) The
final plat mylar for Avalon Court was accepted and the Mayor was authorized to
sign the mylar. The Hearing Examiner recommended approval for Charter Homes,
Inc. to subdivide approximately 5.67 acres into 26 single-family residential lots.
The property is located at 25410 132nd Avenue SE.
K. Subdivision Code Update, Phase I, Short Plat Expiration Period
Extension Ordinance. (CFN-458) Ordinance No. 3898 amending Sections
12.04.215 and 12.04.525 of the Kent City Code, both entitled "Short subdivision
plat expiration," to extend the preliminary plat approval period from two (2) years
to four (4) years, and extending the approval period for currently pending short
plats by an additional two (2) years was adopted.
• L. East Valley Highway Puget Sound Energy Facility Relocation Agreement.
(CFN-1308) The Mayor was authorized to sign an agreement with Puget Sound
Energy (PSE) to relocate existing PSE facilities located on easements along East
Valley Highway to new locations in order to make way for roadway widening, upon
agreement of terms and conditions acceptable to the Public Works Director and City
Attorney. East Valley Highway will be widened to 7-lanes from South 212th Street
to South 224th Street.
M. 2009 Water Treatment Chemical Contract with Equa-Chlor. (CFN-675)
The Mayor was authorized to sign the 2009 Water Treatment Chemical Supply
Agreement with Equa-Chlor, in the amount of $114,000, for 25% Sodium
Hydroxide, subject to agreement of terms and conditions acceptable to the City
Attorney and the Public Works Director.
N. 2009 Water Treatment Chemical Contract with Cascade Columbia
Distribution. (CFN-675) The Mayor was authorized to sign the 2009 Water
Treatment Chemical Supply Agreement with Cascade Columbia Distribution, in the
amount of $36,810.80, for Sodium Fluoride and Potassium Permanganate, subject
to agreement of terms and conditions acceptable to the City Attorney and the
Public Works Director.
O. Transit Service Agreement with King County for Route 918. (CFN-171)
The Mayor was authorized to sign the Transit Service Agreement with King County
• for Route 918, subject to agreement of terms and conditions acceptable to the City
Attorney and the Public Works Director.
4
Kent City Council Minutes December 9, 2008
P. Washington Traffic Safety Commission "X-52" Grant. (CFN-122) The
• Washington Traffic Safety Commission "X-52" Grant in the amount of $5,003 was
accepted, the budget to authorize expenditure of the grant funds was amended,
and the Mayor was authorized to sign all necessary documents.
Q. Seattle Police Department Cost Reimbursement and Service Agreement.
(CFN-122) Reimbursement from the Seattle Police Department, in an amount not
to exceed $5,000, to assist in the investigation and prosecution of gang related
crime through a multi-jurisdictional Special Gang Enforcement Taskforce was
accepted and the Police Chief was authorized to sign all necessary documents.
R. Homeland Security Sub Grant. (CFN-122) A reimbursable grant, not to
exceed $50,000 from the King County Office of Emergency Management for
continuation of the Community Emergency Response Team (CERT) training "bulk
buy" program was accepted.
S. Washington Dental Service Contract. (CFN-147) The Mayor was authorized
to sign the Washington Dental Services 2009-2011 Administrative Services
Agreement, subject to final terms and conditions acceptable to the City Attorney.
T. 2008 Prouerty Tax Levy Ordinances. (CFN-104) Ordinance No. 3899
authorizing the statutory 1% increase in the property tax levy rate was adopted,
and Ordinance No. 3900, as amended, levying the property tax levy for collection in
2009 was adopted.
• State law requires a separate ordinance to authorize any increase in property tax.
The first ordinance authorizes an increase in the regular property tax to 1% over
the previous year's maximum allowed tax levy. The second ordinance levies the
tax for 2009 collection. The estimated levy is $27,170,338 for the General Fund
and $600,000 for the Debt Service funds, for a total of $27,770,338. These are the
preliminary numbers per King County Assessor's Office.
U. Aukeen Court Lease Agreement. (CFN-983) The Mayor was authorized to
sign a twenty (20) year lease agreement with King County for space within the
Aukeen District Court, subject to final lease terms and conditions acceptable to the
City Attorney.
The City has leased space at the Aukeen District Court since 1998. Both King
County and the City have identified needs for additional courtrooms and regular
office space and public space. The City will fund and manage the scope of work,
timeline, and budget. Additionally, the City has a right of first offer to purchase.
V. 72nd Avenue Left Turn Lane. (CFN-1269) The 72"d Avenue Left Turn Lane
Project was accepted as complete and release of retainage to Road Construction
NW, upon receipt of standard releases from the state and release of any liens was
authorized. The original contract amount was $527,353.96. The final contract
amount was $413,742.07.
5
Kent City Council Minutes December 9, 2008
OTHER BUSINESS
A. Collection Agency Services Agreement. (CFN-234) Finance Director
Nachlinger explained that the proposed collection agency agreement with
AllianceOne would provide assistance in collecting past due and delinquent City
billings, and would allow the City to retain full control over which accounts are
referred for collection. He noted for Clark and Albertson that there is no policy
which would determine what would be forwarded to the collection agency. He
clarified that although the Court has a contract with AllianceOne, the Finance
Department cannot join in it, and noted that they work with customers routinely to
make payment arrangements in order to avoid shut-offs. Raplee moved to
authorize the Mayor to sign a contract with AllianceOne Receivables Management,
Inc., to provide debt collection services for all non-court related debts referred by
the City, subject to final contract terms and conditions acceptable to the City
Attorney. Thomas seconded. Clark said he would like to know the policy prior to
moving forward on this. The motion then carried 5-2 with Albertson and Clark
opposed.
B. Utility Rate Adjustments. (CFN-565) Finance Director Nachlinger explained
that various rate increases have been proposed for water service and storm water
fees in conjunction with approval of the 2009 budget. He said the water rates are
to be implemented over a six-year period with the base fee increasing by fifteen
percent annually and the system development charges being increased with the
passage of the ordinance. Clark pointed out that the City faces a National Pollution
Discharge Permit, without which the City would be out of compliance with the
• Water Plan and other plans, with the potential to be fined and be ineligible for
grants. Public Works Director Blanchard explained other consequences, including
higher rates for businesses to get flood insurance. Blanchard stated for Harmon
and Raplee that if implementation of the water and drainage rates and fees were
delayed to April 1', there would only be enough funds to start design until that
additional revenue starts being collected, and that the August deadlines could be
met.
Raplee moved to adopt Ordinance 3901, which amends various fees and rates
established by the Kent City Code concerning water and drainage rates and fees,
which amendments shall be assessed and collected beginning April 1, 2009.
Thomas seconded. Ranniger expressed hope that there will be an improvement in
the economy by April; Clark said the delay will hurt the City; Thomas noted that
April is a compromise, as some wanted the delay to begin in June. Upon a roll call
vote, the motion carried 4-3 with Albertson, Clark and Danielson opposed and
Harmon, Ranniger, Raplee and Thomas in favor.
C. 2009 Budget. (CFN-186) The proposed ordinance would adopt the City's 2009
Budget, which includes the Preliminary Budget document with amendments. Mayor
Cooke stated that the budget she is presenting to Council tonight has been revised
since receiving Council input. She explained steps that have been taken in 2008 to
cut expenses and issues which will be monitored during 2009, including sales tax
revenue, permit and plan check fees, criminal justice fees, streamlined sales tax
mitigation, sentencing guidelines, annexation, and unfunded mandates. She noted
that the budget is a plan, and that adjustments can be made if revenues do not
keep pace with predictions.
6
i
^5
Kent City Council Minutes December 9, 2008
Finance Director Nachlinger noted that Exhibit B of the proposed ordinance shows
. the revisions made to the budget since it was presented in September. He said he
anticipates a downturn in sales tax revenue in the first and second quarter of 2009,
and growth in sales tax revenue in the third and fourth quarter, resulting in a flat
revenue. Raplee moved to adopt Ordinance No. 3902 adopting the 2009 Budget.
Thomas seconded.
Clark voiced concern about the impact of the proposed budget, noting that there
are no long term plans to deal with some of the challenges the City is facing. He
described the challenges and stated that monthly reports are a reaction, not a plan.
He acknowledged that Administration has made a very sincere effort, but said he
can't vote for the budget the way it is.
Ranniger said this is an opportunity for collaboration and innovation. She sug-
gested shopping locally, exploring resources within the city, and recycling. She
said there is no reason to slash the budget when the future is unknown. Albertson
spoke against the proposed budget, saying it is not proactive and is unrealistic.
Raplee said that the revisions already made to the budget are a good first step,
that monthly reviews will keep the Council informed, and that adjustments to the
budget can be made at any time. Danielson said the City should be fiscally
conservative, opined that further cuts are going to be necessary in the future, and
said that adopting the proposed budget is simply pushing off pain that could be
dealt with now.
• Harmon spoke in favor of the proposed budget, and said he will be monitoring
expenditures and revenue monthly. Thomas also referred to the monthly reports
Councilmembers will be receiving, and stressed that the budget is flexible and can
be adjusted later.
Upon a roll call vote, the motion to adopt Ordinance No. 3902 passed 4-3 with
Harmon, Ranniger, Raplee and Thomas in favor, and Albertson, Clark and Danielson
opposed.
D. Comprehensive Plan/Caoital Facilities Element Amendment and Update
to Chapter 12.13. (CFN-775,961,1000) Planning Manager Charlene Anderson
explained that the first proposed ordinance amends the Capital Facilities Element of
the Comprehensive Plan to include the amended Capital Facilities Plans of the Kent,
Federal Way, and Auburn School Districts, and that the second proposed ordinance
amends the school impact fee scheduled to reflect changes in the three school
districts' Capital Facilities Plans. She clarified for Clark and Harmon that the reason
for the impact fees is that development impacts schools, and that the City retains
none of the funds. Albertson then moved to adopt Ordinance No. 3903 amending
the Capital Facilities Element of the Comprehensive Plan to include the amended
Capital Facilities Plans of the Kent, Federal Way and Auburn School Districts. Clark
seconded and the motion carried. Albertson then moved to adopt Ordinance
No. 3904 amending the school impact fees established in Section 12.13.160 of the
Kent City Code to reflect changes in the Kent, Federal Way and Auburn School
Districts' Capital Facilities Plans. Clark seconded and the motion carried.
7
Kent City Council Minutes December 9, 2008
• E. Comprehensive Plan Amendments to Include 2009-2014 Capital
Improvement Plan. (CFN-377,775,961) Planning Manager Charlene Anderson
explained that the proposed ordinance amends the Capital Facilities Element to
include the City's Capital Improvement Plan for 2009-2014. Albertson moved to
adopt Ordinance No. 3905, amending the Capital Facilities Element of the
Comprehensive Plan to include the City's Capital Improvement Plan for 2009-2014.
Harmon seconded and the motion carried.
F. ShoWare Food & Beverage Agreement with SMG/Savor. (CFN-1305)
Economic Development Director Ben Wolters explained the process used to select
the food and beverage operator for the ShoWare Center, and announced that
Savor, the food and beverage service division of SMG, has been chosen. He
described Savor and their experience, and outlined the terms of the contract. He
explained that Savor will invest $700,000 in food and beverage equipment, and
outlined those items for Harmon. Clark moved to authorize the Mayor to sign the
Food and Beverage Agreement with SMG/Savor, subject to final terms and condi-
tions acceptable to the City Attorney, and ratify all acts consistent with this motion.
Raplee seconded and the motion carried.
REPORTS
A. Council President. (CFN-198) No report was given.
B. Mayor. (CFN-198) Mayor Cooke noted that residential parking decals are
• being mailed to the North Park neighborhood this week, and that the Game of Life
Workshop is being held at Kent Commons this week. She also displayed Police
Youth Board brochures and commended Police Sgt. Bill Blowers for his training at
the Regional Justice Center.
C. Operations Committee. (CFN-198) Clark told Councilmembers they must
attend the Suburban Cities Association meeting on the first Wednesday in January
at SeaTac City Hall if they are interested in serving on a committee.
D. Parks and Human Services Committee. (CFN-198) Ranniger noted that
there will be no committee meeting in December, and that the next meeting will be
at 5:00 p.m. on the third Thursday in January.
E. Planning and Economic Development Committee. (CFN-198) No report
was given.
F. Public Safety Committee. (CFN-198) Harmon noted that the next meeting
will be held on the second Tuesday in January.
G. Public Works Committee. (CFN-198) Ranniger noted that the next meeting
will be held at 5:00 p.m. on December 15.
H. Administration. (CFN-198) Hodgson said a list of projects has been prepared
• in anticipation of a federal economic stimulus package, and noted that the City's
employees increased their annual giving by 20% this year, resulting in a donation
of more than $56,000 to local charitable organizations. He said there are three
8
Kent City Council Minutes December 9, 2008
i
• items of labor negotiations for discussion during the Executive Session, and said
action is anticipated on one. He estimated the length of the Executive Session to
be 15 minutes.
EXECUTIVE SESSION
The meeting recessed to Executive Session at 9:35 p.m. and reconvened at
10:00 p.m. (CFN-198)
ACTION AFTER EXECUTIVE SESSION
Clark moved that Council authorize the Mayor to sign a three-year collective
bargaining agreement with the International Association of Fire Fighters Local
1747, Fire Division Chiefs Unit, effective January 1, 2009 to December 31, 2011,
subject to approval as to form by the City Attorney's Office, and to adjust the
budget accordingly. Albertson seconded and the motion carried. (CFN-122)
ADJOURNMENT
The meeting adjourned at 10:01 p.m. (CFN-198)
a 6e,0- h
f Brenda Jacober, CM9
City Clerk
•
9