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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 05/18/2010 KENT Kent City Council Meeting May 18, 2010 The regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor Cooke. Councilmembers present: Albertson, Harmon, Higgins, Perry, Ranniger, Raplee, and Thomas. (CFN-198) CHANGES TO THE AGENDA A. From Council, Administration, Staff. (CFN-198) Perry announced that there will be no vote on Other Business Item B, Development Fees Deferral, at tonight's meeting, to allow time for further study. B. From the Public. (CFN-198) Several audience members asked to speak on the 2010 budget in regard to the Neighborhood Council program, which was added as Continued Communications Item A. PUBLIC COMMUNICATIONS A. Public Recognition. (CFN-198) There was no public recognition. B. Community Events. (CFN-198) Ranniger noted that Earthworks Park placed 12th out of 25 projects in the regional competition for grant funding for preservation, and that some funding will be received. She also noted that funding which will keep Safe Havens open for the rest of the year has been received. Watling elaborated on f Havens, as well as a permanent transition. potential grants for the future •f Sae e Raplee then announced upcoming events at the ShoWare Center. C. Solid Waste Contract Advisory Committee Recognition. (CFN-198) Mayor Cooke commended the Solid Waste Contract Advisory Committee and Public Works staff for their efforts in studying the solid waste contract issue and making a recommendation to Council. D. Introduction of Appointees. (CFN-198) Mayor Cooke announced her appointees to the Kent Arts Commission, and noted that both are high school students. E. Kent Youth and Family Services Recognition. (CFN-198) Mike Heinisch noted that Kent Youth and Family Services was established forty years ago, and presented a slide show of their history. He said they would like to reunite with people who were connected with the agency in any way in the past, and urged them to contact him. He added that a celebration will be held on September 25, 2010. F. Public Works Week Proclamation. (CFN-155) Mayor Cooke declared the week of May 17, 2010, as National Public Works Week and presented the proclamation to Public Works Director LaPorte. G. Sister City Presentation — El Gruilo. (CFN-155) Former Mayor Jim White presented Mayor Cooke with a plaque honoring the sister city relationship between Kent and El Grullo, which was provided to him by the Mayor of El Grullo. 1 Kent City Council Minutes May 18, 2010 CONSENT CALENDAR Perry moved to approve Consent Calendar Items A through V. Ranniger seconded and the motion carried. A. Approval of Minutes. (CFN-198) Minutes of the regular Council meeting of May 4, 2010, were approved. B. Approval of Bills. (CFN-104) Figures were not available for approval. C. Watertree Place Release of Easement. (CFN-895) The Mayor was authorized to sign and record a Release of Document in order to remove a slope easement encumbrance against a portion of the Watertree Place Plat, upon final terms acceptable to the City Attorney and Public Works Director. D. 104th Avenue SE& SE 272"d St. Sanitary Sewer Latecomer Agreement. (CFN-485) The Mayor was authorized to accept the latecomer agreement from Kent Utilities, LLC and its referenced documents for a sanitary sewer conveyance line and a sanitary sewer lift station that were installed for the plats of Benchmark and Medallion of Kent, upon final terms and conditions acceptable to the City Attorney and the Public Works Director. E. East Hill Operations Center Utilities Consultant Agreement. (CFN-1310) The Mayor was authorized to sign the Consultant Services Agreement between the City and Jason Engineering & Consulting Business, Inc., in the amount of $81,030 for the purpose of providing materials testing and inspection services related to the East Hill Operations Center Phase II On-Site Utilities Project. F. Transportation Master Plan Phase 2, Amendment No. 3. (CFN-164) The Mayor was authorized to sign Amendment No. 3 to the Consultant Services Agreement between the City of Kent and Fehr and Peers, Inc. in the amount of $8,000 for analyzing funding options for transportation capital projects. G. Mill Creek Sewer Lift Station Bill of Sale. (CFN-484) The Bill of Sale for the Mill Creek Sewer Lift Station for lift station valued at $1,209,822.34 was accepted. H. 116th Avenue SE Street Improvements (Kent-Kangley/SE 256). (CFN-1038) The 1161h Ave SE Street Improvements (Kent Kangley/SE 256th) Project was accepted as complete and release of retainage to Rodarte Construction, Inc., upon receipt of standard releases from the State and release of any liens was authorized. The original contract amount was $3,663,316.76. The final contract amount was $3,310,832.94. I. LID 353: South 2315Y Way Landscaping. (CFN-1269) The South 2315t Way Landscaping project was accepted as complete and release of retainage to Buckley Nursery Company, upon receipt of standard releases from the State and release of any liens was authorized. The original contract amount was $299,364.29. The final contract amount was $260,335.75. 2 Kent City Council Minutes May 18, 2010 J. 2009 4Culture King County Performance Network Grant. (CFN-118) The 4Culture King County Performance Network grant in the amount of $5,129 which supported the 2009 Kent Arts Commission site specific performances was authorized, and amendment of the 2010 Kent Arts Commission budget was approved. K. Kent Commons Architectural Agreement Amendment. (CFN-120) The Mayor was authorized to sign Amendment No. 1 to the contract with David A. Clark Architects, PLLC, in the amount of $1,000 for the Kent Commons Remodel, subject to final terms and conditions acceptable to the City Attorney, all acts consistent with this motion were ratified, and the agreement and Amendment No. 1 were authorized. L. Riverbend Golf Complex Restaurant Lease Agreement. (CFN-118) The Mayor was authorized to sign the lease agreement with Mick Kelly's, Inc. to operate the restaurant at the Riverbend Golf Complex, subject to final terms and conditions acceptable to the City Attorney. M. Recreation and Conservation Office Grant Application Resolution. (CFN-118) Resolution No. 1827 authorizing application to the Recreation and Conservation Office for a grant to fund the development of West Hill Park and Lake Meridian Park, and the acquisition of property at Clark Lake Park and within the newly annexed area of Panther Lake was adopted. N. Kent Arts Commission Appointments. (CFN-839) The Mayor's appointment of Michael Cercado and Natalya Braz to the Kent Arts Commission was confirmed. Mr. Cercado and Ms. Braz are both students at Kent Meridian High School and their terms will expire October 2011. O. Washington Auto Theft Prevention Authority Grant Award. (CFN-122) The Washington Auto Theft Prevention Authority grant in the amount of $800,000 was accepted, the Mayor was authorized to sign all necessary documents, amend the budget, and expend the funds. P. Amendments to Criminal Code, Ordinance . (CFN-122) Ordinance No. 3954, amending Chapter 9.02 of the Kent City Code to adopt by reference for enforcement in Kent new and amended code provisions recently adopted by the state Legislature regarding possession of firearms by non-citizens, dog breeding practices, retail restroom access by customers with medical conditions, and definition of the word "conviction" regarding commercial drivers' licenses was adopted. Q. Amendment to City Code Regarding Exclusion from Public Facilities. Ordinance. (CFN-122) Ordinance No. 3955, which repeals Section 9.02.230 of the Kent City Code, entitled "Public facility - Criminal activity - Prohibition of entry," and adopts in its place a new section, entitled "Public facility - Illegal activity - Exclusion," was adopted R. Evidence Custodian Limited Term. (CFN-122) The Mayor was authorized to create a new, limited-term Evidence Custodian position within the Kent Police Department, and amendment of the budget was authorized. 3 Kent City Council Minutes May 18, 2010 S. Panther Lake Annexation Census & Population Contract for Services. (CFN-1309) The Mayor was authorized to sign a Consultant Services Agreement with Calm River, LLC with an initial amount not to exceed $122,217 to conduct the statutory required population census of the Panther Lake Annexation Area. T. 2009 Fire and Building Codes, Ordinances. (CFN-205) Ordinance Nos. 3956 and 3957, adopting the 2009 editions of the International Building, Residential, Mechanical, and Fire Codes and the Uniform Plumbing Code, and the 2009 Washington State Energy Code, together with the City's local amendments to those codes, were adopted. U. Safe Havens City of Seattle Grant Award Contract. (CFN-118) The Mayor was authorized to sign the City of Seattle Domestic Violence Grant in the amount of $30,000 to fund Safe Havens services, the funds were accepted, amendment of the budget was authorized, and the expenditure of funds in the Safe Havens' budget was approved. V. Goldfinch Communications LLC Cable Television Franchise Introduction. (CFN-274) June 1, 2010, was set as the date for the public hearing and first intro- duction of a proposed cable franchise agreement between the City of Kent and Goldfinch Communications, LLC, and the City Clerk was directed to provide notice of the hearing as required by Kent City Code (KCC) section 7.12.070 and as otherwise provided by law. OTHER BUSINESS A. Comprehensive Plan Amendment, Panther Lake Comprehensive Plan Land Use Plan Man And Zoning Districts Map, Ordinance. (CFN-377,131,1309) William Osborne of Planning Services said the recommendation of the Economic and Community Development Committee addresses and reflects public input and staff analysis of many options. He explained three citizen-proposed proposals and answered questions regarding notice to citizens. Jim Sturgul, 22116 1201h Avenue SE, encouraged the Council to rezone portions of the annexation into small, limited commercial use areas. Christian Etheridge, owner of the Sidetrack Pub & Eatery, noted that he holds a public card room license and asked whether the City could allow his business to be grandfathered in. The City Attorney clarified the state laws relating to social card rooms. Perry moved to adopt Ordinance No. 3958 enacting the Comprehensive Plan amend- ments for the Panther Lake Annexation Area Comprehensive Plan Land Use Map and Zoning Districts Map. Ranniger seconded. Perry said she was opposed to the Holmberg/Morford proposal which up-zoned 7.3 acres along 192"d Street to multi- family, and Albertson noted that the committee was divided on the issue. Ranniger stated that property owners in the area seemed to be pleased with the outcome. Upon Harmon's question, Osborne explained the difference between the City and the County zoning of the Holmberg/Morford property. The motion then carried. B. Development Fees Deferral, Ordinance and Resolution. (CFN-1000) Economic and Community Development Director Wolters explained that this proposal is an attempt to help developers during the current economic downturn. Principal 4 Kent City Council Minutes May 18, 2010 Planner Matt Gilbert noted that the charges which are being addressed are the traffic mitigation fee, system development charges for both water and storm drainage, and school impact fees, and explained the specifics of the proposed ordinance. He noted that other cities in the region have adopted similar ordinances, that the City's interests are represented in the event of bankruptcy, that the school districts were notified of the proposal, and that most other jurisdictions which do not include school impact fees have quite a large traffic impact fee. When Harmon voiced concern about holding someone's money until the end of 2013, Gilbert explained that the intent of that provision is to provide a window in which the option is available. He responded to Albertson's concern about risk to the City, and Ranniger suggested delaying action to a later meeting since two letters containing concerns have been received. Perry explained the process which took place at the committee level and noted that representatives from the Kent School District were in attendance and that letters from the Federal Way School District were addressed at that time. Gilbert then explained the disclosure requirements. Brian Derdowski, 70 E. Sunset Way, Issaquah 98027, said the proposed ordinance would transfer the interest cost from developers to the public. He said there are many unintended consequences and that he looks forward to working with the city on this issue. Rod Leland, 1066 S. 320th, Federal Way, Facilities Director for Federal Way Public Schools, said other jurisdictions are not including school districts in their ordinances. He answered questions from Council regarding how student population is forecasted and the use of portables, and agreed to provide figures on the dollar amount of impact fees provided to the School District by the City. Fred High, Assistant Superintendent, Business Services, Kent School District, noted that for the last 17 years the School District has provided the City with the history of their enrollment, construction, projections, and use of impact fees in their Capital Facilities Plan. He said their intent has always been to use the impact fees to meet the growth impacts that occur without overburdening the rest of the tax base with property taxes. He said his three major concerns are timing, the reliability of funding, and the ability to get a 60% vote for bond issues. John Knutson, Finance Director for the Kent School District, voiced concern about their need to use other funds during the time lag, explained that impact fees are remitted from the City to the District on a monthly, not quarterly, basis, and explained the forecasting process. He said his information shows that the Kent School District has collected $16,700,000 since 1996, and that he will provide a breakdown of the annual amounts. He confirmed that the impact fees are used to address the impact of new development in particular areas. Council President Perry asked for information as to the amount of interest which would be lost due to the change in timing. High stated that deferral of fees would result in higher property taxes through a bond issue or fewer facilities being built, because they are less reliable as a source of funding for school facilities. Derdowski said that due to the time gap under the proposed system, the public would be picking up the interest expense instead of the developer. Sam Pace, Association of Realtors, 29839 154th Avenue SE, said he believes there are serious flaws, omissions, and faulty assumptions in the information provided to the Council, and said he would address them in writing. He spoke in support of the proposed ordinance, and noted that it is a lien for money owed to the City that is due on sale and that it is important 5 Kent City Council Minutes May 18, 2010 to record the lien. He said he is very comfortable with the issue of notice, and that this is not an attempt to eliminate impact fees altogether. He suggested holding a meeting with the City Council, School District, City staff, builders and realtors. Garrett Huffman, Master Builders Association of King and Snohomish Counties, 335 1161h Avenue SE, Bellevue 98004, said he will provide a written response and looks forward to meeting with the districts. Harmon moved to make the letters from the Federal Way School District and the Kent School District a part of the record. Raplee seconded and the motion carried. It was determined that this issue will come back to Council on June 1 and that a meeting with all representatives will be held before then. Perry asked that the City Attorney address the issues of nexus and the City's ability to collect impact fees in the future. Mayor Cooke said the information provided by the School District will be forwarded to the Council. BIDS A. SR 516 and 4th Avenue Improvements. (CFN-1038) Public Works Director LaPorte noted that the bid opening for this project was held on May 11, 2010, with five bids received, and that the low bid was under the Engineer's estimate. He recommended awarding the contract to Westwater Construction Company in the amount of $518,821. Raplee so moved, Harmon seconded and the motion carried. REPORTS A. Council President. (CFN-198) Perry announced that a special meeting to discuss the 2011 budget will be scheduled soon. B. Mayor. (CFN-198) Mayor Cooke reported that the recent trip to Washington D.C. was very effective and welcomed a new Hindu temple to Kent. C. Operations Committee. (CFN-198) No report was given. D. Parks and Human Services Committee. CFN-198 No report was given. ( ) P E. Economic & Community Development Committee. (CFN-198) No report was given. F. Public Safety Committee. (CFN-198) No report was given. G. Public Works Committee. (CFN-198) No report was given. H. Administration. (CFN-198) Hodgson noted that draft interlocal agreements on the Panther Lake Annexation and the Regional Fire Authority will be the subject of the workshop on June 1. He added that there is an executive session of approximately 30 minutes regarding property acquisition with action anticipated during the regular meeting. CONTINUED COMMUNICATIONS A. 2010 Budget. (CFN-186) Tina Budell, 323 W. Cloudy Street, Merwin Peters, 11931 SE 245th Place, Joshua Douglass, 1313 E. Chicago Street, and Dawn Barfield, 6 Kent City Council Minutes May 18, 2010 4237 S. 252"d Street, spoke about the benefits of their Neighborhood Councils and urged the City Council not to cut the program or staff from the budget. Ranniger noted that one of the Council's strategic goals has been to improve communications with the community, which the Neighborhood Council Program has done. Perry pointed out that there has been a decrease in crime in at least one neighborhood since their council was formed. EXECUTIVE SESSION The meeting recessed to Executive Session at 9:40 p.m. and reconvened at 10:10 P.M. ACTION AFTER EXECUTIVE SESSION A. Property Acquisition. (CFN-239) CAO Hodgson explained that the Huse property is a 32-acre parcel next to the Soos Creek Trail, and that funding will come from City funds which will be reimbursed over time through a variety of grant agencies. Parks & Community Services Director Watling explained that the City currently has a grant application in with the King County Conservation Futures Program, who has already toured the site and is going through their evaluation process. He said project managers from the State Recreation and Conservation Organization will submit a state grant application for half of the acquisition costs. Ranniger moved to authorize the Mayor to sign the Purchase and Sale Agreement and all other necessary documents to purchase the Huse property located at 13417 SE 216th St, Kent, for $1,550,000, subject to final terms and conditions acceptable to the Parks & Community Services Director and the City Attorney. Albertson seconded. Perry emphasized that the City funds being used are designated for Parks projects and that nothing is being taken from the General Fund. The motion then carried. ADJOURNMENT The meeting adjourned at 10:14 p.m. (CFN-198) / BrendaJacober, C City Clerk 7