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
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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
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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.
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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.
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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
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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
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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
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