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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 12/08/2009 Kent City Council Meeting KEN T WASH IN[ITON December 8, 2009 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) Mayor Cooke advised that the Public Safety Report will be removed from tonight's agenda and brought back in January; she added Introduction of Appointees to Public Communications. B. From the Public. (CFN-198) Continued Communications Item A was added at the request of Matt De Kerrie of Allied Waste. PUBLIC COMMUNICATIONS A. Public Recognition. (CFN-198) A moment of silence was held in honor of four fallen Lakewood Police Officers. The Mayor, Councilmembers and CAO Hodgson expressed appreciation to Council- member Tim Clark for his sixteen years of service on the Council. Mayor Cooke read a proclamation declaring December 8, 2009, as Tim Clark Day in the City of Kent, and Council President Raplee expressed gratitude and presented him with a plaque. The Council recognized Julie Pulliam for her assistance, and explained that she will be working in another department in the future. B. Community Events. (CFN-198) Ranniger noted that the annual Christmas Rush will be held on Saturday, as well as the Spotlight Series event `Late Night Catechism". Thomas noted that the 228t" Street dedication will be held at 11:00 a.m. on Tuesday, December 15. C. Employee of the Month. (CFN-147) Employee Services Director Viseth intro- duced December Employee of the Month Patrice Gillum, and commended her for her service to the City. Gillum was given a plaque by Mayor Cooke. D. Introduction of Appointee. (CFN-1170) Barbara Smith, Executive Director of the Kent Downtown Partnership, was introduced by Mayor Cooke, who noted that Smith is her appointee to the Lodging Tax Advisory Board. CONSENT CALENDAR Raplee moved to approve Consent Calendar Items A through P. Clark seconded and the motion carried. A. Approval of Minutes. (CFN-198) Minutes of the regular Council meeting of November 17, 2009, were approved. 1 Kent City Council Minutes December 8, 2009 B. Approval of Bills. (CFN-104) Payment of the bills received through November 15 and paid on November 15 after auditing by the Operations Committee on December 1, 2009, were approved. Checks issued for vouchers were approved: Date Check Numbers Amount 11/15/09 Wire Transfers 3943-3960 $2,126,518.45 11/15/09 Regular Checks 637744-638229 1,544,372.26 Void Checks 638054 -8,478.83 Use Tax Payable 17,966.29 $3,680,378.17 Checks issued for payroll for October 16 through October 31 and paid on November 5, 2009, were approved: Date Check Numbers Amount 11/5/09 Checks 3314783-315024 $ 194,519.98 11/5/09 advices 257437-258217 1,703,809.12 $1,898,329.10 Checks issued for payroll for November 1 through November 15 and paid on November 9, 2009, were approved: Date Check Numbers Amount 11/9/09 Void Checks 314638 and 314676 ($514.47). 11/9/09 Reissued Checks 315025 and 315026 $514.47 $0.00 Checks issued for payroll for November 1 through November 15 and paid on November 20, 2009, were approved: Date Check Numbers Amount 11/20/09 Checks 315027-315250 $ 171,374.97 11/20/09 Advices 258218-258996 1,696,277.98 $1,867,652.95 C. 2010 Government Relations Consulting Services Agreement. (CFN-1216) The Mayor was authorized to sign an agreement with Outcomes by Levy in the amount of $63,000, for lobbying services to be provided during 2010, and all acts consistent with the terms of the Agreement were ratified. D. Lodging Tax Committee Appointment. (CFN-1170) The Mayor's appoint- ment of Barbara Smith to the Lodging Tax Advisory Committee was confirmed. Ms. Smith's term will expire on December 31, 2011. E. 2009 Annual Docket Report. (CFN-961) The 2009 Annual Docket Report, which lists this year's suggestions for changes to the comprehensive plan text, area- wide comprehensive plan land use map, and development regulations according to Kent City Code Chapter 12.02, was approved. 2 Kent City Council Minutes December 8, 2009 F. Sale of Surplus Vehicles and Equipment. (CFN-136) Staff was authorized to appropriately dispose of twenty-one (21) surplus vehicles and miscellaneous equipment. G. Contract with Univar USA Inc. for 2010 Water Treatment Chemical Supply, (CFN-675) The Mayor was authorized to sign the 2010 Water Treatment Chemical Supply Agreement with Univar USA, Inc. in the amount of $35,613.50, for Sodium Fluoride, subject to terms and conditions acceptable to the City Attorney and the Public Works Director. H. Contract with JCI for 2010 Water Treatment Chemical Supply. (CFN-675) The Mayor was authorized to sign the 2010 Water Treatment Chemical Supply Agreement with JCI Jones, Inc. in the amount of $72,600, for Chlorine Gas and 25% Sodium Hydroxide, subject to terms and conditions acceptable to the City Attorney and the Public Works Director. I. Contract with Gray & Osborne, Inc. for 640 Zone Water Reservoir. (CFN-1310) The Mayor was authorized to sign a contract with Gray & Osborne, Inc. in the amount of $131,970, to provide design drawings and specifications for the 640 Zone Water Reservoir, subject to terms and conditions acceptable to the City Attorney and the Public Works Director. J. Contract with Washington State Department of Transportation for Review of SR 167 Bridge/S. 224t" Street Project. (CFN-1038) The Mayor was author- ized to sign a contract with the Washington State Department of Transportation in the amount of $35,000 for review of the proposed S. 224th Street Bridge over SR 167, subject to terms and conditions acceptable to the City Attorney and the Public Works Director. K. Grant from Washington State Department of Ecology for Lake Fenwick Brazilian Elodea Eradication. (CFN-1038) The Mayor was authorized to accept a grant from the Washington State Department of Ecology Aquatic Weeds Management Fund in the amount of $39,165, for control, eradication, and monitoring of Brazilian Elodea in Lake Fenwick, subject to terms and conditions acceptable to the City Attorney and the Public Works Director. L. Contract with AMEC Geomatrix, Inc. for Downey Farmstead Restoration Project. (CFN-1038) The Mayor was authorized to sign the Contract with AMEC Geomatrix, Inc. in the amount of $20,026, for a report and removal of contaminated soil, and staff were directed to establish a budget to be spent within the Downey Farmstead Restoration Project, subject to terms and conditions acceptable to the City Attorney and the Public Works Director. M. Contract with Herrera Environmental for Downey Farmstead Restoration Project. (CFN-1038) The Mayor was authorized to sign the contract with Herrera Environmental Consultants in the amount of $139,214 for a Feasibility Study and 30% Design, and staff were directed to establish a budget within the Downey Farmstead Restoration Project, subject to terms and conditions acceptable to the City Attorney and the Public Works Director. 3 Kent City Council Minutes December 8, 2009 N. Contract with Shannon & Wilson for Horseshoe Bend Levee Improve- ments. (CFN-1318) The Mayor was authorized to sign the Consultant Services Contract with Shannon & Wilson, Inc. in the amount of $21,120 to perform a Biological Assessment, Wetland Reconnaissance and Mitigation Plan for the Horseshoe Bend Levee Improve-ment Project, subject to terms and conditions acceptable to the City Attorney and the Public Works Director. O. Contract with GeoEngineers for Horseshoe Bend Levee Improvements. (CFN-1318) The Mayor was authorized to sign the Consultant Services Contract with GeoEngineers in the amount of $135,280, to develop geotechnical design recom- mendations for the Horseshoe Bend Levee Improvement Project, subject to terms and conditions acceptable to the City Attorney and the Public Works Director. P. Jail Population Manager Position. (CFN-122) A new full-time Jail Population Manager position, which will be fully funded, salary and benefits, by the Department of Justice, Edward Byrne Memorial Justice Assistance Grant for a period of two and a half years was authorized. OTHER BUSINESS A. Panther Lake Annexation. (CFN-1309) On November 3, 2009, residents within the Panther Lake Annexation Area voted to annex to the City of Kent. Voters approved the annexation by 56% and King County certified the vote on November 24, 2009. The City Attorney noted that copies of the final page of the legal description have been provided to the Council, as it was inadvertently omitted from the agenda packet. He explained that the proposed ordinance sets the effective date of the annexation as July 1, 2010. Clark moved to adopt Ordinance No. 3936 which annexes the Panther Lake Annexation Area to the City of Kent effective July 1, 2010. Raplee seconded and the motion carried. B. Regional Fire Protection Service Authority. (CFN-122) The Regional Fire Authority Planning Committee has completed the Regional Fire Protection Service Authority (RFPSA) Plan. The Plan now goes forward to the elected officials of both the City of Kent and King County Fire District 37 for approval. If approved, it will be placed on the ballot for a vote by the residents of the service area on April 27, 2010, and if approved, will be created on July 1, 2010. Fire Chief Schneider announced that the name of the Plan has been changed from the "Regional Fire Protection Service Authority (RFPSA)" Plan to the "Regional Fire Authority (RFA)" Plan, and pointed out other minor changes in the document. He explained that the reason for forming a Regional Fire Authority is to stabilize funding and urged the Council to approve the Plan. Upon a question from Harmon, Chief Schneider noted that the budget for 2010 is the same whether or not the RFA is formed. Raplee moved to approve the Regional Fire Authority Plan and to direct staff to work with King County Fire District 37 to develop a ballot title and resolution that will allow the Plan to go to a vote by the residents on April 27, 2010. Harmon seconded. Clark expressed concern about proper representation of the population. Harmon said the City is simply passing along the opportunity for citizens to vote, and noted that 4 Kent City Council Minutes December 8, 2009 funding sources for the City have decreased. Danielson said she, too, has signify- cant concerns about representation and about raising taxes, but feels voters should decide. Albertson said she agrees with Clark that the governing authority is not representational. The motion then carried 6-1 with Clark opposed. C. 2009 Property Tax Levy for 2010 Budget. (CFN-104) State law requires two separate ordinances to authorize the City's property tax. State law provides that the limit factor used by a taxing jurisdiction with a population of 10,000 or over is the lesser of 101 percent of the previous maximum allowed tax levy, or 100 percent, plus inflation. Historically, the City has imposed the 101 percent limit factor each year since it became law. Due to a drop in inflation, the limit factor used to collect property taxes in 2010 could decrease. With already decreasing revenues from sales tax, permit fees, and the lack of development and new construction, reduced property tax revenues would impact the City's decreasing budget revenues, resulting in further reductions to City services. Therefore, staff recommends that Council include a finding that a substantial need exists pursuant to RCW 84.55.0101 to maintain a limit factor of 101 percent. In order to authorize the limit factor, Council must adopt the ordinance by a majority vote, plus one. The first ordinance authorizes an increase in the regular property tax to 1% over the previous maximum allowed tax levy. The second ordinance levies the tax for collection in 2010. The estimated levy is $27,649,944 for the General Fund and $600,000 for the Voted Debt Levy, for an estimated total of $28, 249,944. These ordinances were presented and discussed at a special Operations Committee meeting earlier today. The Finance Director explained that a substitute ordinance has been provided to Councilmembers which contains the final assessed valuation figures which were received from King County today. He said the tax rate was adjusted from $2.358 to $2.355 per $1,000 of assessed valuation, which results in a net effect of approxi- mately $30,000. Clark moved to adopt Ordinance Nos. 3937 and 3938 authorizing an increase in the property tax levy and levying the property for collection in 2010. Raplee seconded and the motion carried. D. 2010 Operating Budget. (CFN-186) The proposed ordinance adopts the City's 2010 Budget as summarized in Exhibit A and includes the Preliminary Budget document with amendments shown in Exhibit B, all of which combined forms the proposed Final Budget. The proposed ordinance was presented and discussed at a special meeting of the Operations Committee earlier today. Mayor Cooke noted that the budget presented tonight incorporates recommendations made at a recent Council workshop, which are the Senior Systems Analyst and the Survey Party Chief being put back into the budget because they were being funded by other revenue sources, and the Prosecutor position being put back into the budget but not being funded. Finance Director Nachlinger emphasized that other than the changes mentioned by the Mayor, the budget is the same as the document previously presented to Council. He then answered questions from Councilmembers relating to the ending fund balance for 2009, noting that adjustments will be made if necessary when the final figures are determined at the end of February. 5 Kent City Council Minutes December 8, 2009 Clark moved to adopt Ordinance No. 3939 adopting the 2010 Budget. Raplee seconded. Clark noted that Councilmembers have concerns about the budget, but it is fairly conservative. Harmon said he is concerned that the revenue in November and December will fall short of projections. Raplee explained how the reserve fund is used, and noted that further cuts may have to be made at the end of February. Ranniger said she is comfortable with the budget. Thomas said he feels there may be further layoffs or cuts in services, and hopes that the $1,000,000 set aside for the flood fight is available. Danielson spoke in favor of the budget, noting that public safety is a priority and that it contains funds for a potential flood event. She said if revenues come in higher than projected, the capital fund can be rebuilt. Albertson projected that this budget will be off by approximately $2,000,000, but said there are no places to take further cuts without the additional information. Harmon called for the question and the motion to adopt the 2010 Budget carried 5-2 with Harmon and Thomas opposed. E. Comprehensive Plan/Capital Facilities Element Amendment and Update to Kent City Code Chapter 12.13. (CFN-775,961,1000) 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; the second proposed ordinance amends the school impact fee schedule contained 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. Charlene Anderson of the Planning Division noted that the ordinances were presented and unanimously approved at a special Operations Committee meeting earlier today. Clark moved to adopt Ordinance No. 3940 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; and to adopt Ordinance No. 3941 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. Raplee seconded and the motion carried. F. Comprehensive Plan Amendment to Include 2010-2015 Capital Improve- ment Plan. (CFN-377,775,961) Charlene Anderson of the Planning Division noted that the proposed ordinance amends the Capital Facilities Element to include the City's Capital Improvement Plan for 2010-2015, and that it was presented, discussed and approved at a special meeting of the Operations Committee today. Clark moved to adopt Ordinance No. 3942 amending the Capital Facilities Element of the Compre- hensive Plan to include the City's Capital Improvement Plan for 2010-2015. Raplee seconded and the motion carried. G. Department of Ecology Grant for the Horseshoe Bend Levee Improve- ment Project. (CFN-1318) Public Works Director LaPorte explained the Horseshoe Bend levee improvement project and responded to questions from Council about funding and the possibility of raising 259t" Street. Raplee moved to authorize the Mayor to sign the Department of Ecology Flood Damage Prevention Construction Project Grant in the amount of $9,800,000, direct staff to accept the grant and establish a budget for the funds to be spent within the Horseshoe Bend Levee 6 Kent City Council Minutes December 8, 2009 Improvements project, subject to terms and conditions acceptable to the City Attorney and the Public Works Director. Harmon seconded and the motion carried. REPORTS A. Council President. (CFN-198) No report was given. B. Mayor. (CFN-198) Mayor Cooke announced that she will be part of a group working with King County Executive Dow Constantine on policies, budgets, service priorities and improving communications between the County and cities. C. Operations Committee. (CFN-198) Clark spoke about the many changes which have taken place in the City during his sixteen years on the City Council and his experiences on various Boards and Associations during that time. D. Parks and Human Services Committee. (CFN-198) No report was given. E. Planning and Economic Development Committee. (CFN-198) Danielson noted that the committee will not meet in December, and announced that after her upcoming marriage, her name will be Jamie Perry. F. Public Safety Committee. (CFN-198) Harmon noted that the committee will not meet in December and gave an update on the activities of the Suburban Cities Regional Law, Safety & Justice Committee. G. Public Works Committee. (CFN-198) Raplee announced that the second meeting in December has been cancelled and that the next meeting will be at 4:00 p.m. on Monday, January 4, 2010. H. Administration. (CFN-198) CAO Hodgson noted that a cold weather shelter has been opened at the Kent Lutheran Church and that there will bean Executive Session for approximately ten minutes to discuss labor negotiations, with potential action when the meeting reconvenes. CONTINUED COMMUNICATIONS ADDED A. Food Drive. (CFN-198) Matt DeKerrie of Allied Waste announced that they recently held a food drive and commended Kent residents for their generous donations. EXECUTIVE SESSION The meeting recessed to Executive Session at 8:45 p.m. and reconvened at 8:52 p.m. ACTION AFTER EXECUTIVE SESSION Labor Negotiations. (CFN-198) Hodgson explained the AFSCME contract extension and Clark moved to authorize the Mayor to sign a two-year contract extension with AFSCME Local 2617 effective January 1, 2010 through December 31, 2011. Raplee seconded and the motion carried. 7 Kent City Council Minutes December 8, 2009 ADJOURNMENT The meeting adjourned at 8:53 p.m. (CFN-198) Brenda Jacober, C City Clerk 8