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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 06/15/2010 Kent City Council Meeting WASH IN OTC N KENT June 15, 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) There were no changes. B. From the Public. (CFN-198) There were no changes. PUBLIC COMMUNICATIONS A. Public Recognition. (CFN-198) Councilmember Ron Harmon was commended on his recent appointment by the Governor to serve on the Washington Traffic Safety Commission. Councilmember Ranniger noted that Earthworks Park was one of the historic landmarks chosen by American Express and the National Trust in their recent historic preservation competition, and that the City will therefore receive $70,000. B. Community Events. (CFN-198) Ranniger noted the opening of the Farmers Market, the upcoming International Festival, 41h of July Splash, and Taste of Kent fund raiser. C. Green River Community College President. (CFN-155) Mayor Cooke intro- duced Green River Community College President Rich Rutkowski, and noted that he will soon retire. She read a proclamation declaring June 15, 2010, as Rich Rutkowski Day in the City of Kent, and commemorating his service to Green River Community College and the community. D. School-City Project Update. (CFN-198) Kent School District Superintendent Dr. Lee Vargas, along with School Board President Debbie Straus and School Board member Tim Clark, commended the City for their partnership with the School District, noting that it demonstrates caring for the kids and families in the community. Strauss presented Mayor Cooke with a plaque expressing their appreciation. Mayor Cooke thanked Becky Hanks, who is leaving the school district, for her participation in the school and city partnership as well. PUBLIC HEARINGS A. 2011-2016 Six-Year Transportation Improvement Program. (CFN-164) Public Works Director LaPorte explained the Six-Year Transportation Improvement Plan and noted that there are four new projects in the plan, all of which are located in the Panther Lake annexation area. He elaborated on the four new projects, and explained the status of many other projects, including those which are being worked on and those which have been completed. Mayor Cooke opened the public hearing. There were no comments from the audience, and Perry moved to close the public hearing. Thomas seconded and the motion carried. Raplee moved to adopt Resolution No. 1829 adopting the 2011-2016 1 Kent City Council Minutes June 15, 2010 Six-Year Transportation Improvement Program. Harmon seconded and the motion carried. CONSENT CALENDAR Perry moved to approve Consent Calendar Items A through X. Harmon seconded and the motion carried. A. Approval of Minutes. (CFN-198) Minutes of the regular Council meeting of June 1, 2010, were approved. B. Approval of Bills. (CFN-104) Figures were not available for approval. C. Goldfinch Communications LLC Cable Television Franchise Ordinance. (CFN-274) Ordinance No. 3961 approving a cable television franchise agreement with Goldfinch Communications, L.L.C., was adopted and the Mayor was authorized to sign a cable television franchise agreement with Goldfinch Communications, L.L.C. con- sistent with the ordinance. D. General Business License Fee Ordinance. (CFN-175) Ordinance No. 3962, which amends Chapter 5.01 of the Kent City Code entitled "General Business Licenses," and requires all non-exempt business entities doing business in the City to obtain general business licenses was adopted. E. Parking Fee Increase Ordinance. (CFN-171) Ordinance No. 3963 amending various sections in Chapter 9.38 of the Kent City Code relating to the monetary penalties applicable to parking violations committed upon City streets and rights-of- way was adopted. F. Admissions Tax Code Ordinance. (CFN-104) Ordinance No. 3964 amending Section 3.26.010 of the Kent City Code, entitled "Admissions Tax Imposed," to limit the exemption for governmental entities to only those not engaging in an activity operated in the manner of a separate business enterprise was adopted. G. 2010 Adjusted Budget Ordinance. (CFN-186) Ordinance No. 3965 amending the 2010 City budget for adjustments up to July 1 in response to an ending fund balance shortfall in the City's 2009 budget, revised revenue projections in the 2010 budget, and reduced full-time equivalent positions was adopted. The budget amend- ment will reduce the General Fund budget by $7,057,767 and the General Fund's authorized positions by 34.56 FTEs. The total General Fund budget will be reduced from the existing budget of $80,016,338 to $72,958,571, and the City's authorized FTE positions will be reduced from the existing FTEs of 803.05 to 768.49. H. 2010 Post-Annexation Budget Ordinance. (CFN-186) Ordinance No. 3966 amending the 2010 City budget for necessary adjustments related to the Panther Lake post-annexation costs was adopted. The estimate for costs associated with providing services to the Panther Lake area for the last six (6) months of the 2010 fiscal year are anticipated to be $6,094,051. Therefore, it is appropriate to amend the 2010 budget to account for the additional costs to provide City services to the Panther Lake area, offset by the cost of any additional revenue to be received from 2 Kent City Council Minutes June 15, 2010 this area. This budget adjustment ordinance also creates 56.53 FTEs for the personnel to provide services to the annexation area. I. Washington State Slo-Pitch Umpires Association Agreement. (CFN-118) The Mayor was authorized to sign the Washington State Slo-Pitch Umpires Association Agreement for the 2010 season. J. King Conservation District Native Plant Maintenance Intern Grant Agree- ment. (CFN-118) The King Conservation District Native Plant Maintenance Intern Grant in the amount of $6,352 was accepted, the budget was amended, the expenditure of funds in the Adopt A Park Budget was authorized, and the Parks Director was authorized to sign all necessary documents. The grant is to hire a maintenance intern to weed and water over 700 native trees and shrubs which were planted at Clark Lake Park and Lake Fenwick Park during 2008 and 2009. K. King County Amateur Softball Association Umpires Association Agree- ment. (CFN-118) The Mayor was authorized to sign the King County Amateur Softball Association (ASA) Umpires Association Agreement for the 2010 season. L. Washington State Parks Department Grant. (CFN-122) A Marine Law Enforcement Grant from the Washington State Parks Department in the amount of $14,398 was accepted, the budget was amended, expenditure of the grant funds was authorized, and the Mayor was authorized to sign all necessary documents. The grant is for overtime hours for shifts on Lake Meridian for the period from July 1, 2010 through June 30, 2011. M. Zone 3 Emergency Management Planning Enhancement Agreement. (CFN-122) The Mayor was authorized to sign the Consultant Services Agreement with Terrorism Research Center to enhance Zone 3 Emergency Management Planning, to hire a consultant who would assist Emergency Management in the continued growth of existing discipline groups, resource management and essential planning expansion to other jurisdictional disciplines and other public/private partners necessary to meet the goals of the Zone 3 Emergency Management Directors and the Regional Disaster Plan. N. King County Office of Emergency Management Grant for Zone Coordinator. (CFN-122) The Mayor was authorized to sign a grant agreement with King County Office of Emergency Management, to receive grant monies, to accept and expend the grant funds, and to adjust the budget as required, to provide a Zone Coordinator to assist in the continued growth of existing discipline groups, resource management and essential planning expansion to other jurisdictional disciplines and other public/ private partners necessary to meet the goals of the Zone 3 Emergency Management Directors and the Regional Disaster Plan. O. Emergency Management Performance Grant. (CFN-122) An Emergency Management Performance Grant in the amount of $94,532 from the Washington State Military Department and the Department of Homeland Security was accepted, the Mayor was authorized to sign the contract to receive grant funds to supplement local budget expenditures, and to amend the budget and expend the grant funds. 3 Kent City Council Minutes June 15, 2010 P. Address and Street Names Ordinance. (CFN-205) Ordinance No. 3967 enact- ing regulations for the establishment of addresses and the naming of streets was adopted. The Public Safety Committee recommended moving the addressing requirements from Title 14 (Buildings and Construction) to Title 13 (Fire Prevention and Protection) for administration by the fire code official. Q. Safe Rental Housing Program Background Check Requirement Ordinance. (CFN-175) Ordinance No. 3968 amending Kent City Code section 5.14.120(B)(1)(c) related to the City's Safe Rental Housing Program to remove the requirement that a program participant prohibit employment to any employee who has been convicted of a felony within the past ten years, and to require that a third-party background check be performed was adopted. This amendment is consistent with Second Engrossed Substitute Senate Bill (2ESSB) 5742 adopted by the state Legislature during its 2010 legislative session, which prohibits a landlord from hiring or renting to a person solely because of that person's criminal history. R. Valley Civil Disturbance Unit Interlocal Agreement. (CFN-122) The Mayor was authorized to sign an operational agreement titled, "Interlocal Cooperative Agreement Between the Cities of Auburn, Federal Way, Kent, Renton, Tukwila and the Port of Seattle, for Creation of the Valley Civil Disturbance Unit" which has been created to establish and maintain a multi-jurisdictional Valley Civil Disturbance Unit (Valley CDU). The minimum term of the Agreement shall be one year and the Agree- ment shall automatically extend for consecutive one year terms until terminated. S. Transportation Financing Consultant Agreement. (CFN-164) The Mayor was authorized to sign the Consultant Services Agreement between the City and Fehr & Peers, Inc., in the amount of $20,000, to conduct transportation funding analysis and provide recommendations for financing the transportation capital needs identified in the 2008 Transportation Master Plan. T. S. 2241h Street/SR 167 Bridge Consultant Agreement. (CFN-1038) The Mayor was authorized to sign the Consultant Services Agreement between the City and Shearer Design LLC., in the amount of $262,540, for the purpose of designing the S. 224th Street/SR 167 Bridge and assisting in obtaining WSDOT Developer Services permits. U. Safe Walking Routes to Schools Construction Contract Pre-Approval. (CFN-1038) The Mayor was authorized to sign a contract awarding the Daniel and Horizon Safe Walking Routes to School Project to the lowest responsive and response- ble bidder within the engineer's estimate, upon opening of bids, subject to the approval of the City Attorney. The Safe Walking Routes to School project will provide new sidewalks where none currently exist to provide safe routes to Daniel Elementary School and to Horizon Elementary School. The project utilizes two federal grants which requires review time from the Washington State Department of Transportation. Prior Council approval to award the project will save time and provide adequate time to complete the project by September 1, 2010. 4 Kent City Council Minutes June 15, 2010 V. Levee Certification Analysis Consultant Agreement. (CFN-1318) The Mayor was authorized to sign a Consultant Services Agreement with Northwest Hydraulic Consultants Inc., in the amount of $32,324, for the purpose of analyzing and report- ing on proposed changes to flood hazard areas under a series of Green River levee certification alternatives. W. Riverview Park Restoration Project Agreement with King Conservation District WRIA 9 Forum. (CFN-1038) The Mayor was authorized to sign the King Conservation District WRIA 9 Forum's Agreement for the City to receive a $690,000 grant award to be used for the City of Kent's Riverview Park Restoration Project, to amend the budget as required, and to expend the grant funds. The grant will be applied to a portion of the City of Kent's payment to the Army Corps of Engineers for its share of the 2011 construction of the Riverview Park Restoration Project. X. Riverview Park Restoration Project Agreement with Washington State Recreation and Conservation Office. (CFN-1038) The Mayor was authorized to sign the Washington State Recreation and Conservation Office Salmon Recovery Funding Board Agreement to receive a $500,000 grant award to be used for the City of Kent's Riverview Park Restoration Project, to amend the budget as required, and to expend the grant funds. The grant will be used as a portion of the City of Kent's payment to the Army Corps of Engineers for its share of the 2011 construction of the Riverview Park Restoration Project. OTHER BUSINESS A. Panther Lake Annexation Interlocal Agreements. (CFN-1309) Planning Services Director Satterstrom explained that there are two separate agreements, one on Governance and the other on Property Transfer, which together are called the Interlocal Agreement. He pointed out that the agreements do not include County funding for road overlay projects, and that they do not include a 40-acre parcel north of North Meridian Park, which the County is reluctant to convey because they are not sure of the restrictions which apply to that property. Satterstrom noted that the Economic & Community Development Committee did not make a recommendation at their meeting, but that staff has developed a three-part alternative relating to the governance agreement, the property transfer agreement, and the 40-acre parcel, which Hodgson then explained. Thomas moved to recommend the City Council authorize the Mayor to sign the Interlocal Agreement relating to Governance for the Panther Lake Annexation Area in substantially the form depicted and subject to approval of final terms and conditions acceptable to the City Attorney. Perry seconded. Councilmember Higgins noted that he is a King County employee, but that both the City Attorney and the King County Ethics Advisor feel he does not have a conflict of interest. The motion then carried. Thomas moved to recommend the City Council authorize the Mayor to sign the Interlocal Agreement relating to Property Transfer for the Panther Lake Annexation Area in substantially the form depicted and subject to approval of final terms and conditions acceptable to the City Attorney; provided, however, that this authorization is contingent on the County transferring the 40-acre parcel north of North Meridian 5 Kent City Council Minutes June 15, 2010 Park to the City for parks, recreation or open space purposes as part of the Interlocal Agreement for Property Transfer. Perry seconded. It was noted that the 40-acre piece of property was shown as a park property on the County's Parks and Open Space map. The motion then carried. Thomas moved to set a special meeting of the Kent City Council at 5:30 p.m. in the Council Chambers of Kent City Hall on June 28, 2010, to address the King County Panther Lake Annexation Interlocal Agreements related to Governance and Property Transfers. Perry seconded and the motion carried. B. King County Fees for Panther Lake Annexation Area. (CFN-1309) Satterstrom explained that once the interlocal agreement is consummated, the proposed ordinance would allow the County to continue to charge their appropriate fees on permits which they would continue to work on beyond July 1". Thomas moved to adopt Ordinance No. 3969 authorizing King County, per the Interlocal Agreement between King County and the City of Kent relating to processing of building permits and land use applications related to the Panther Lake Annexation Area, to charge applicable permit fees as outlined in Title 27 of the King County Code, including all subsequently enacted amendments to Title 27 of the County Code. Perry seconded and the motion carried. C. Regional Fire Authority Memorandum of Understanding. (CFN-122) The City Attorney noted that a revised version of Exhibit A and a replacement motion has been provided to Councilmembers tonight. He explained that the City and the RFA have not been able to finalize some of the terms of the Interlocal agreement and that the proposed Memorandum of Understanding would carry them through until the Interlocal agreement is completed, or August 5, 2010, whichever is sooner. Thomas moved to authorize the Mayor to sign a Memorandum of Understanding between the City of Kent and the Kent Fire Department Regional Fire Authority for the period of July 1, 2010, to August 5, 2010, or until the execution of an Interlocal agreement, including the amended Exhibit A to the MOU presented at this meeting, subject to the City Attorney's acceptance of final terms and conditions, for the purpose of maintaining certain services in the City and the RFA until the Interlocal agreement is executed. Harmon seconded and the motion carried. D. Kent Fire Department Regional Fire Authority Property Transfers. (CFN-122) City Attorney Brubaker explained that the Regional Fire Authority Plan requires the sale or lease of real property from the City to the RFA, and that the proposed documents facilitate the transfers by the City. Thomas moved to authorize the Mayor to sign all documents necessary to complete all property transfers authorized in the Kent Fire Department Regional Fire Authority Plan, upon final terms and conditions acceptable to the City Attorney. Raplee seconded and the motion carried. E. Regional Fire Authority Governing Board Appointments. (CFN-122) The City Attorney explained that an ordinance has been provided to the Councilmembers which would provide for Kent City Councilmember appointment to the Kent Fire Department Regional Fire Authority Governing Board. He noted that three members 6 Kent City Council Minutes June 15, 2010 of the City Council are to be appointed to the seven member governing board of the RFA, and that those three members are to be appointed by the Council President. He explained the specifics of the ordinance and Thomas moved to adopt Ordinance No. 3970 adding a new chapter to the Kent City Code that creates a procedure for the appointment of Councilmembers to the Governing Board of the Kent Fire Department Regional Fire Authority. Harmon seconded and the motion carried. REPORTS A. Council President. (CFN-198) Perry noted that she will make appointments to the Regional Fire Authority Governing Board at a later date. B. Mayor. (CFN-198) Mayor Cooke noted that she recently spoke before the King County Council on animal control, and outlined some King County budget impacts on the City. C. Operations Committee. (CFN-198) No report was given. D. Parks and Human Services Committee. (CFN-198) No report was given. E. Economic & Community Development Committee. (CFN-198) Perry said that the committee has begun looking at the Downtown zone and the ECD Strategic Plan. She noted that the next meeting is on July 12. F. Public Safety Committee. (CFN-198) No report was given. G. Public Works Committee. (CFN-198) No report was given. H. Administration. (CFN-198) CAO Hodgson noted that in addition to the annexa- tion and the RFA becoming effective on July lst, Mick Kelly's will open on July 1st, the Huse property will be acquired in early July, and property on Panther Lake is being negotiated. He announced that there has been minor flooding today in the Lake Meridian area due to high water, and that the lake is closed to boating on a day-to- day basis. ADJOURNMENT The meeting adjourned at 8:22 p.m. (CFN-198) Brenda Jacob er, CM City Clerk 7