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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 07/06/2010 Kent City Council Meeting KENT July 6, 2010 WPSMIHGTOX 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) Council President Perry added Item H to the Consent Calendar, as excused absences for Councilmembers Harmon and Thomas from the June 28 special meeting. Harmon requested that Continued Communications be moved to Public Communications, Item D. B. From the Public. (CFN-198) There were no changes from the public. PUBLIC COMMUNICATIONS A. Public Recognition. (CFN-198) There was no public recognition. B. Community Events. (CFN-198) Ranniger noted that there are many free community events provided for the summer, such as the Kent Summer Art Exhibit & Gala, the Summer Concert Series, and playground activities at different park locations. C. 100 Years of Camp Fire Day Proclamation. (CFN-155) Mayor Cooke presented the proclamation declaring Saturday, July 31, 2010 as 100 years of Camp Fire Day to Patti Ford representing The Benson Hill Knowledge Seekers, 3rd to 8th graders, who are part of Camp Fire USA Central Puget Sound Council. ADDED ITEM D. Continued Communications. (CFN-198) Linda Vu, 14041 301h Ave. NE, Seattle, stated that she works with the LaRouche Political Action Committee and explained the Glass-Steagall Banking Act and why they were asking cities to pass memorial resolutions in support of a federal act. Sarah Stuart, 11518 25th Ave. NE, Seattle, stated that she also works for the LaRouche Political Action Committee and explained the Cantwell-McCain Glass-Steagall amendment to the Dodd bill. Greg Blount, Executive Director of MRCP, owners of Bonel Mobile Manor, 24415 64th Ave. S., Kent, issued an invitation to a picnic lunch and pool party scheduled for Saturday, July 17, and stated they are in the middle of fundraising to rehab the community and have hired Beacon Development to help with the fundraising. Marvin Eckfeldt, 11428 SE 226th St., Kent, thanked the Mayor's Office, City Administrator, the Department Heads and their staff and members of the City Council for all the extra hours preparing for the annexation transfer after the public vote and between then and July 1, a lot of hours and excellent open houses at Horizon Elementary and Kentridge High School to make the way ready for Panther Lake residents to follow City government. i 1 Kent City Council Minutes July 6, 2010 Ken Iverson, 24009 104"' Ave. SE #215, Kent, stated that he was here to represent Peace Day, the organization and event adding that the first annual "Peace Day Celebration" will be on Saturday, July 10 at 7:00 p.m. at the Kent-Meridian Performing Arts Center. CONSENT CALENDAR Perry moved to approve Consent Calendar Items A through H. Ranniger seconded and the motion carried. A. Approval of Minutes. (CFN-198) Minutes of the regular Council meeting of June 15, 2010 and special Council meeting of June 28, 2010, were approved. B. Approval of Bills. (CFN-104) Payment of the bills received through May 15 and paid on May 15 after auditing by the Operations Committee on June 1, 2010, were approved. Approval of checks issued for vouchers: Date Check Numbers Amount 5/15/10 Wire Transfers 4151-4168 $1,989,898.51 5/15/10 Regular Checks 643083-643527 1,073,722.29 Void checks ($553.50) Use Tax Payable 3,807.43 $3,066,874.73 Payment of the bills received through May 31 and paid on May 31 after auditing by the Operations Committee on June 15, 2010, were approved. Approval of checks issued for vouchers: Date Check Numbers Amount 5/31/10 Wire Transfers 4169-4185 $1,671,507.25 5/31/10 Regular Checks 643528-644045 3,147,301.57 Void checks ($0) Use Tax Payable 2,767.75 $4,821,576.57 Checks issued for payroll for May 1 through May 15 and paid on May 20, 2010, were approved: Date Check Numbers Amount 5/20/10 Checks 317853-318138 $ 176,237.14 5/20/10 Advices 267477-268263 1,608,272.22 $1,784,509.36 2 Kent City Council Minutes July 6, 2010 Checks issued for payroll for May 16 through May 31 and paid on June 4, 2010, were approved: Date Check Numbers Amount 6/4/10 Checks 318139-318354 $ 218,999.30 6/4/10 Advices 268264-269046 1,609,778.15 $1,828,777.45 C. Telephone Switch Eauipment Maintenance Agreement. (CFN-1155) The Mayor was authorized to sign the Qwest Telephone Switch Maintenance Agreements for an initial term of one-year with four one-year renewal options, subject to final terms and conditions acceptable to the City Attorney. D. Vacation of S. 268`h St.. East of 40`h Avenue South and West of 42nd Avenue So. — Resolution Setting Hearing Date. (CFN-102) Resolution No. 1830 setting August 3, 2010, as the date for the public hearing regarding a Street Vacation Ordinance and Agreement for South 268th Street, between Federal Way School District and the City of Kent to vacate a portion of South 268th Street between 42nd Avenue South and 40th Avenue South was adopted. E. Water System Plan Financial Analysis Consultant Agreement. (CFN-599) The Mayor was authorized to sign an agreement with FCS Group Inc., in the amount of $27,520, to perform financial analysis work for the Water Utility, subject to final agreement terms and conditions acceptable to the City Attorney and the Public Works Director. F. Transportation Benefit District — Set Hearing Date. (CFN-104) July 20, 2010, was set as the date for the public hearing and first introduction of the draft ordinance establishing a transportation benefit district within the City limits of Kent, and the City Clerk was directed to provide notice of the hearing as required by RCW 36.73.050. G. Sun Meadow Storm Repair. (CFN-1038) The Sun Meadow Storm Repair Project was accepted as complete and release of retainage to Scotty's General Construction, Inc., upon receipt of standard releases from the state and the release of any liens was authorized. The original contract amount was $362,384.76 and the final contract amount was $295,603.52. ADDED H. Excused Absences. (CFN-198) The excused absence of Councilmembers Harmon and Thomas from the June 28 special meeting was approved. OTHER BUSINESS A. Transportation Impact Fee Ordinance. (CFN-104) Transportation Impact Fees on new growth and the role those fees would play in the entire future transportation funding package has been discussed in committees and Council Study Sessions since 2006. Transportation Impact Fees are calculated based on trips generated by particular land uses. 3 Kent City Council Minutes July 6, 2010 State law requires that cities plan for projected growth and have infrastructure in place within 6 years to support it. If transportation impact fees were collected at the highest allowable rate, they would provide up to 38% of funding for projects in the Transportation Management Plan. Tim LaPorte, Public Works Director, reviewed the slides on the Transportation Master Plan and Impact Fees that had been presented to the Public Works Committee on June 21 and Council Workshop this evening. LaPorte added that Kent has about $389 million on a project list that takes the City through 20 years of growth to the year 2030 and the growth that is projected is about 45-50% of the cost responsibility and other 50-55% is basically considered existing deficiencies or traffic outside of Kent such as pass-through traffic and approximately $189 million could be allocated to Traffic Impact Fees. LaPorte stated that these numbers were generated through outside experts that the City has employed on this project since the beginning of the Transportation Master Plan. He noted that the 228th St. BNSF Grade Separation had a number of different funding elements and added that the project took roughly two years to build, two years to design, but ten years to finance. Ben Wolters, Economic and Community Development Director, explained the Impact Fee Comparison and Impact Fee Progression charts. He noted that this is one of many factors that can be looked at in terms of trying to understand the City's competitive position with other cities, and as the City tries to recruit and retain businesses, there are location factors, such as proximity to the ports, infrastructure that is already provided that is definitely a high-quality infrastructure that makes a difference. Wolters stated that from an economic development perspective the 30% is well within the range that can be supported in terms of economic competitive advantage. He also stated that it is important that as the City goes forward and these impact rates go into effect, that staff monitor these rates and collect the data yearly and so that Council can make a decision as to how this may or may not impact the type of growth that is seen in Kent. Wolters in answer to Harmon's question stated that figures are large if compared to what would be collected under the current schedule or even what would be proposed in terms of the adjusted schedule at the 30% rate. He noted that the state economist is predicting that while recovery will be slow over the next year or two, that once the recovery does click in that the region and the state as a whole will outperform the rest of the nation and will create a lot of demand, a key question will be to what extent will neighboring jurisdictions also raise their rates in order to deal with their transportation impact fees. Wolters stated that there is a risk as we progress and that risk grows over time to the extent that it widens the gap with neighboring jurisdictions. Harmon asked if this would affect the type of businesses already in Kent and would they be subject to this charge. Wolters stated that when these rates start affecting Kent's competitive position, for new jobs, and new development it will be monitored very closely. He noted that there are some businesses now that these rates will affect and again, it is largely dependent on comparative analysis, it is also dependent upon another element, the ability of businesses to finance these costs, financing is very restricted due to the crisis in the financial industry. Wolters stated that he felt very 4 Kent City Council Minutes July 6, 2010 confident that the City can work with the 30% level and will stay focused on the impact as rates increase over time. Harmon asked LaPorte to elaborate on the issue regarding the transportation impact fee and the loss of the FMSIB grant fund money. LaPorte noted that the Executive Director of the Freight Mobility Board had visited and reminded us that the $3.2 million grant the City received about five years ago was in jeopardy of being lost. LaPorte stated that along one corridor there are two grade separations, one of which is lacking some funds, the other one has been completed at a cost close to $70 million and the project currently in jeopardy is the last piece of that corridor is the 228" UP grade separation, which the City is obligated to build pursuant to the agreement with the federal government who funded the biggest share of the other component and the federal government is looking at the corridor from end to end, from Military Rd. to East Valley Highway. Harmon questioned the fact that Council is being asked to approve a project that costs $25 million and the funding gap is $16 million and asked if it would be possible to forestall and still show good faith to be able to keep the $3.25 million. LaPorte explained that because these are state funds and due to the severity of the state budget deficit, the Board's funds are being scrutinized and the reason that they are more concerned about communities like Kent is because they are getting a lot of pressure from the legislature to either use the funds or start over. Albertson asked LaPorte how much of the $389 million worth of projects on that list, is for grade separations. LaPorte said it is roughly $175 million. Albertson concurred with Wolters' comments about being competitive with other South County cities and urged the Council to take them into account and not sell the city cheap. Raplee asked LaPorte how losing grants would affect the City's image and he stated that although the City has gained a reputation for getting things done, it is very likely that we would lose credibility. Raplee asked about other projects that could be lost if some type of funding is not put into place. LaPorte noted that Willis Street, 212th Street, and 256th Street is at risk and will become endangered in about six months. Harmon asked LaPorte about the differences in the Comparisons within Kent Impact Fees, Kent Current, Kent 30% full rate and then the full rate with the reduction in downtown and where the difference in money comes from. LaPorte noted that the downtown project would probably be the Willis St. Grade Separation, and the difference would come from other funding partners, such as the Federal Government, Public Works Trust Fund Loan, Transportation Improvement Board, and have existing funds from the Freight Mobility Board. Don Sandahl, Fehr and Peers, explained that the downtown government office, in the example, was to demonstrate fewer vehicle trips in the PM peak because of proximity to public transportation, clustering of other uses, more walk trips, fewer people taking 5 Kent City Council Minutes July 6, 2010 their vehicles during the PM peak time and through studies around the country, those offices in that type of setting, when they do have vehicles departing or arriving, those trips are shorter because they are in closer proximity to other places, retail stores and so forth. He also explained that it's not Just the number of trips, it's how far they go, and a shorter trip has less impact on the street system, and in case of an office that number is about 30% lower than a typical office that would occur someplace not in the downtown area and that based on surveys that we've been able to do and compile around the country. Harmon commented that the $1.1 million is only a number that was driven down because of the convenience to light rail, bicycle, bus to be able to get back and forth to work, and asked if the $1.1 million is a number that the City would not be responsible to pay for. Sandahl answered that that was correct, in fact, the number that's shown at the $3.6 million would probably never occur because if you didn't have a downtown trip adjustment that is proposed as part of the ordinance, a development would come in and do their own independent studies and demonstrate that they would be generating fewer trips. He stated that having those adjustments in the code would make it easier for developments to come in and not have to do separate studies. Raplee moved to adopt Ordinance No. 3971 amending Title 12 of the Kent City Code adding a new chapter 12.14 entitled, "Transportation Impact Fees." Perry seconded. Raplee stated that these grants are also taxpayers money, but losing those grants and tarnishing a reputation and not knowing what we might need in the future and knowing that transportation has been an issue within the City for many years and not putting this through will just impact traffic that much more with more growth coming in through the City. Thomas stated that we are starting a new mechanism, in this case impact fees, which are adjustable anytime we want. He also stated that these impact fees can go down but they can also go up. Thomas noted that this Council is conservative and very responsible, but who knows what future council members will do. Albertson noted that Council adopted this Transportation Master Plan in 2008 and are now halfway through 2010 and have spent all this time coming up with different funding strategies. She also noted that Kent has lot $40 million dollars in the last two years based on citizen initiatives and we then have to come up with alternate funding. She stated that even if we were to fund this at 100%, we would need 38% of the money to fund the Transportation Master Plan but would still need to come up with another 62% of funding and would only be a little over a 1/3 of way by the end of 2016. She added that part of being responsible is asking development to pay for development. Ranniger noted that the impact fees on new development is a risk but if nothing is done there is a possibility that development won't consider our City because of the congestion. She also noted that if we want our City to grow and develop we have to find a way to move through the City and this is one step that will take us in that 6 Kent City Council Minutes July 6, 2010 direction. Ranniger stated that Council has the ability to change this impact fee, so she feels comfortable moving ahead with what is being proposed this evening. Perry commented about the Transportation Master Plan and said she is happy to see that Council is finally taking a first step to fund the transportation plan that was passed two years ago. She noted that the City should be proactive in funding the transportation plan and that Council is not willing to put the cost of transportation improvement projects on Kent residents. Higgins commented that Council is way behind in transportation improvements and one reason for that is that growth hasn't paid its way. He said that growth should pay for growth, that existing residents and businesses should contribute, and that the state and the federal government have to contribute to major projects. He noted that new businesses need to contribute to improvements otherwise existing businesses and residents are subsidizing the roads that are more and more crowded. He mentioned the fee deferral ordinance that was just passed for residential construction and a need for good Jobs currently in this economy. Harmon commented on his concerns and that the TIP was passed in a different economy and Council should wait and start this in 2013 when the economy is back. He noted for example the streamline sales tax, which will become more retail than warehousing or distribution and that means that the warehousing will change over to either big box store or retail and when that happens there will be a change of use and now will be subject to impact fees. He commented how other cities are handling this and is concerned about employment. He said he empathizes with the other side of the issue. Upon a roll call vote, the motion carried 6-1 with Albertson, Higgins, Perry, Ranniger, Raplee and Thomas in favor and Harmon opposed. BIDS A. Horseshoe Bend/Foster Park Levee SR 167 to UPRR. (CPN-1318) LaPorte noted that Foster Park is located between SR 167 and Union Pacific Railroad tracks, going northbound on 167 at the Willis Street off ramp on the right lane looking directly to the east. He stated that this is the setback levee that was described earlier at the Council Workshop meeting and as mentioned earlier the $422,898.18 from Lloyd Enterprises came in roughly at half the Engineer's estimate. LaPorte noted that Lloyd Enterprises is a well known contractor and has a credible reputation and are very pleased to have received such a good bid. He added that this project is being paid for through the grant that was received from the State at 1000io. He pointed out that this is the test case to show the Federal Emergency Management Agency to certify this levee as a setback levee. Raplee moved to authorize the Mayor to sign an agreement on the Horseshoe Bend/Foster Park Levee project with Lloyd Enterprises, Inc. in the amount of $422,898.18. Harmon seconded and the motion carried. 7 Kent City Council Minutes July 6, 2010 REPORTS A. Council President. (CFN-198) Perry congratulated Lake Meridian for once again putting on the best Fireworks show and announced that the Dog Park Group is going to be having a booth at Cornucopia. B. Mayor. (CFN-198) Mayor Cooked noted that tomorrow the mayors will be meeting with Congressman Reichert on the Howard Hanson Dam and the levee certification. She also noted that on Thursday at 5:30 p.m. at the Kent Lutheran Church, there will be a dedication for a Shower Trailer for the homeless and on Friday at 11:00 a.m. there will be a ribbon cutting at the Birch Creek Apartments. She announced that as part of Cornucopia Days, President Michael from our Sister City, El Grullo, Mexico, will be here on Friday and he will also be riding in the parade and Miss Cornucopia will be crowned at 2:00 p.m. at the Town Square Plaza. C. Operations Committee. (CFN-198) Thomas noted that July 1 the City became the 6th largest City in the State and also the RFA was created and that he was appointed to that Board. He also noted that he is on the Lodging Tax Advisory Board and announced three new committee members Beth Sylves, John Casey and David Kwok. Thomas mentioned that he is also on the Firemen's Relief & Pension Board which met today and that Sam Grubbs was re-elected to be a Board member. D. Parks and Human Services Committee. (CFN-198) Ranniger noted that she wanted to thank the Lake Meridian Community for putting on the Fireworks. She also noted that the Parks Committee will meet on July 15 at 5:00 p.m. and in August there will be no Parks Committee meeting. Ranniger announced that Andrea Keikkala and Lisa Voso, will be receiving the Under 40 award given out by the Business Examiner this Thursday at 5:30 p.m. E. Economic & Community Development Committee. (CFN-198) Perry noted that the next meeting will be Monday, July 12 and the August meeting is cancelled. F. Public Safety Committee. (CFN-198) Harmon announced the police promotions effective July 1: Andy Grove and Dave Buck have been promoted to Sergeant; Sergeant Borne is now Lieutenant Randy Bourne and is assigned to the Patrol Division; Lt. Pagel is now Captain John Pagel and assigned to the Patrol Division, as head supervisor; and Lt. Ken Thomas is now Captain and assigned to Support Services & Correction Divisions. He wanted to remind everyone that August 3 is National Night Out and encouraged everyone to get involved. He noted that the next meeting will be July 13. He mentioned that Greg Blount was here talking about Bonel Trailer Park and is looking for funding and that he would be on the agenda for the next meeting. Also Public Safety Committee took a very pro-active response to the 4th of July with extra patrols in areas concerned with illegal fireworks and residents were contacted in advance if they had any questions and contact information. G. Public Works Committee. (CFN-198) Raplee announced that there will be a special Public Works Meeting on Monday, July 12 at 4:00 p.m. and will have a regular Public Works meeting on Monday, July 19 at 4:00 p.m. 8 Kent City Council Minutes July 6, 2010 H. Administration. (CFN-198) Hodgson announced an executive session this evening regarding the 2nd and 3rd parcels of Park property in the new Panther Lake area. He noted that there will be action on one item after the regular meeting reconvenes and estimated the length of the executive session at 20 minutes. Hodgson added that City Attorney Tom Brubaker will give a brief update on the Springboard project and foreclosure process. Brubaker explained that about 2 or 3 years ago when the development project failed, the City was sued by a partnership which had a minority interest in the development proposal and the City was sued on a number of counts including securities fraud and had to defend that suit but about a few weeks ago that suit was dismissed with prejudice in favor of the City of Kent. He noted that a notice of foreclosure sale has gone out and is scheduled for October 1, 2010. Brubaker explained that the valuation of the contract which is the instrument we're foreclosing on is approximately $4.75 million unless someone shows up with a $1 larger than our credit bid amount. He also noted that after the property is foreclosed the City will be become the record owners to the property free and clear of all liens and encumbrances and at that point, all interested parties who have been trying to get a piece of that property will go away. EXECUTIVE SESSION The meeting recessed to Executive Session at 9:15 p.m. and reconvened at 9:26 p.m. ACTION AFTER EXECUTIVE SESSION A. Property Acquisition. (CFN-239) CAO Hodgson explained that this is the second piece of property that Council will be asked to authorize for park purposes in the Panther Lake area. He noted that this property is valued at $980,000, 89% of it is grant funded and in the future the 11% may be funded through retro-activity. Hodgson commented that he wanted to commend staff and thank Council for their support. Ranniger moved to authorize the Mayor to sign the Purchase and Sale Agreement and all other necessary documents to purchase the Matinjussi property located at 11220 SE 204`h Street, Kent for $980,000, subject to final terms and conditions acceptable to the Parks and Community Services Director and the City Attorney. Perry seconded. Ranniger noted that this is another legacy piece and will give our community access to Panther Lake, which only the private property owners had and it's a fabulous opportunity especially to be able to purchase it through grant funds. She thanked staff for having the foresight to start pursuing this early. The motion then carried. ADJOURNMENT The meeting adjourned at 9:30 p.m. (CFN-198) Zsm Maryons Deputy City Clerk 9