HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 04/17/2012 ® Kent City Council Meeting
�� April 17, 2012
The regular meeting of the Kent City Council was called to order at 7:00 p.m. by
Mayor Cooke. Councilmembers present: Albertson, Boyce, Higgins, Perry, Ralph,
Ranniger, and Thomas. (CFN-198)
FLAG SALUTE
Boy Scout Troop 453, whose leader is Bob Weber, presented the colors.
CHANGES TO THE AGENDA
A. From Council, Administration, Staff. (CFN-198) Other Business Item D, the
purchase of ammunition, was added by Council member Thomas. CAO Hodgson
added an executive session of approximately ten minutes to discuss pending
litigation.
B. From the Public. (CFN-198) Two members of the audience signed up to speak
under Public Comments.
PUBLIC COMMUNICATIONS
A.. Public Recognition. (CFN-198) The City's new Employee Services Director,
Lorraine Patterson, was introduced and welcomed by the Mayor and Council.
B. Community Events. (CFN-198) Council President Higgins announced upcoming
events taking place at ShoWare.
C. Legislative Report. (CFN-198) Michelle Wilmot updated Council members on
the status of the budget, streamlined sales tax, annexation sales tax, liquor excess
tax revenues, and transportation funding.
D. Earth Day Proclamation. (CFN-155) Parks Director Watling explained activities
planned at Park Orchard Park on April 21' and invited volunteers to attend. He then
accepted a proclamation presented by the Mayor.
E. Arbor Day Proclamation. (CFN-155) Parks Director Watling noted that Arbor
Day activities will be held at West Fenwick Park on April 28th. He invited anyone who
is interested to participate, and accepted a proclamation presented by the Mayor.
F. Public Safety Report. (CFN-122) Police Chief Thomas gave his monthly update
on crime statistics and reported on recent Police Department activities.
PUBLIC COMMENT
Garrett Huffman and Sam Pace both spoke about plat extensions. Their comments
are included in Other Business Item C, Subdivision Code Amendments.
CONSENT CALENDAR
Higgins moved to approve Consent Calendar Items A through K. Thomas seconded
and the motion carried.
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Kent City Council Minutes April 17, 2012
A. Approval of Minutes. (CFN-198) The minutes of the workshop and regular
Council meeting of April 3, 2012, were approved and correction to the minutes of
March 20, 2012, was approved as follows:
Homeless/Resource Center. Earlier in the meeting, Albertson had noted that she was
unable to attend the Apfi+ March 14 meeting on this issue, . . .
B. Approval of Bills. (CFN-104) Payment of the bills received through March 15
and paid on March 15 after auditing by the Operations Committee on April 3, 2012,
was approved.
Checks issued for vouchers were approved:
Date Check Numbers Amount
3/15/12 Wire Transfers 4981-5003 $2,261,589.59
3/15/12 Regular Checks 661405-661982 2,844,354.51
Void Checks 661943 (13,007.87)
3/15/12 Use Tax Payable 3,086.23
$5,096,022.46
C. Annual Software Maintenance Contracts. (CFN-1155) The Mayor was
authorized to execute the Information Technology Department purchase orders and
associated contracts for systems with annual maintenance costs over $25,000 per
year, subject to terms and conditions acceptable to the Information Technology
Director and City Attorney.
D. Boeing Levee Restoration Project Design Agreement. (CFN-1318) The
Mayor was authorized to sign the design agreement with the US Army Corps of
Engineers for the Boeing Levee.Restoration Project, subject to final terms and
conditions acceptable to the City Attorney and Public Works Director.
E. Sanitary Sewer Rate Study Consultant Services Agreement. (CFN-110) The
Mayor was authorized to sign the consultant services contract with FCS Group, Inc.,
to perform a sanitary sewer utility rate study, for an amount not to exceed $45,085,
subject to final terms and conditions acceptable to the City Attorney and Public Works
Director.
F. Eastmont Final Plat. (CFN-1272) The final plat mylar for Eastmont was
approved and the Mayor was authorized to sign the mylar.
G. Economic Development Plan Phase II Contract. (CFN-825) The Mayor was
authorized to sign the consultant services agreement with Community Attributes
International for the Economic Development Strategic Plan Phase II, in an amount not
to exceed $49,000, subject to final terms and conditions acceptable to the City
Attorney and the Economic & Community Development Director.
H. Mountain View Plat Bill of Sale. (CFN-484) The Bill of Sale for the Mountain
View Plat project, permit 2051182, for 2 gate valves, 2 hydrants, and 773 linear feet
of waterline, 4 sanitary sewer manholes, and 709 linear feet of sanitary sewer line,
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Kent City Council Minutes April 17, 2012
1486 linear feet of new street, 18 linear feet of frontage improvements, 11 catch
basins, and 461 linear feet of storm sewer line was accepted.
I. Traffic Code Ordinance. (CFN-171) Ordinance No. 4033, amending
Chapter 9.36 of the Kent City Code, entitled "Traffic Code," by making it a
misdemeanor for a driver to leave the scene of a collision with a pedestrian or vehicle
being propelled by human power prior to exchanging information or summoning aid
was adopted.
J. H & M Bay Bill of Sale. (CFN-484) The Bill of Sale for the H & H Bay Project,
permit 2102287, for 61 linear feet of storm sewer line was accepted.
K. Recreation and Conservation Office Grant Application Resolution.
(CFN-118) Resolution No. 1856 authorizing a grant application to the Recreation and
Conservation Office to fund the acquisition of the Huse Property was adopted.
OTHER BUSINESS
A. Initiative and Referendum Powers Ordinance. (CFN-155) City Attorney
Brubaker noted that a proposed initiative petition regarding marijuana was recently
received and that when reviewing the City's existing code provisions, it was
discovered that the state law regarding initiative and referendum powers has changed
since the City's adoption of those powers in 1989. He explained the three basic
differences between the existing provisions and those proposed as follows: the
petitioner would no longer be required to submit language to the City for review; the
petitioner would no longer have to submit signatures to the City within 90 days; and
there would no longer be specific time frames for holding an election. He stated that
the proposed ordinance would simplify and amend the City Code to be consistent with
state law.
Thomas moved to adopt Ordinance No. 4034 amending Chapter 1.03 of the Kent City
Code, entitled "Initiative and Referendum", to be consistent with state law. Perry
seconded and the motion carried.
B. ShoWare Center Economic Impact Study Contract. (CFN-1305) Economic
and Community Development Director Ben Wolters explained that the purpose of the
proposed Economic Impact Study is to determine the return on investment ShoWare
Center is bringing to the City, and noted that Community Attributes International is
currently completing phase one of the citywide economic development plan update
process. He said that ShoWare has experienced operating losses, due in large part to
the economic downturn, but that there have been over 400,000 visitors since it
opened. Wolters explained the breakdown of the study and said it will point out any
gaps and missed opportunities.
Boyce said ShoWare is a great asset but expressed concern about the operating
losses. Albertson spoke in support of the study, noting that it was always expected
that there would be losses in the early years. Ralph agreed that ShoWare is a
benefit, but was uncomfortable spending money on a study to justify what is already
known. Wolters noted for Higgins that some of the benefits of the study are being
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Kent City Council Minutes April 17, 2012
able to articulate clearly the economic impact of the facility, and to find out if there
are other experiences which should be available.
Thomas moved to authorize the ShoWare Center Economic Impact Study consultant
services agreement with Community Attributes International, to provide an assess-
ment of ShoWare Center's past and future economic benefit to the City of Kent in an
amount not to exceed $36,400, subject to final terms and conditions acceptable to
the City Attorney and the Economic & Community Development Director. Perry
seconded.
Thomas acknowledged that there has been a desirable economic impact, but said it
has not been possible to quantify the amount of that impact. He also said the study
will provide an incentive to businesses to locate in Kent. Perry pointed out that
ShoWare was never intended to be a money maker, but rather to be a community
asset. Higgins agreed. Ralph said she does not feel the study will provide a full
picture and said the money could be spent elsewhere. Boyce said the survey is a
good thing, but that the focus should be on the business model at ShoWare so that it
will break even. Ranniger said she feels the study will provide valuable information,
including ways to make ShoWare one of the cities' best investments. Albertson
agreed.
The motion then carried 5-2 with Albertson, Higgins, Perry, Ranniger and Thomas in
favor, and Boyce and Ralph opposed.
C. Subdivision Code Amendment Ordinance. (CFN-458) City Planner Katie
Graves explained that the amendments in the proposed ordinance would include
clarifying code, streamlining the permit process, and providing consistency with state
laws and regulations. They distinguish between major and minor alterations, revise
pre-application review requirements, and utilize SR-8 single family residential
development standards for some clustered subdivisions and short subdivisions. She
noted that on March 20, 2012, the City Council remanded the proposed ordinance
back to the Economic and Community Development Committee for further review of
the plat expiration provisions. On April 9, 2012, the Committee, on a 2-1 vote,
recommended further amending Section 12.04.221 to allow plats to remain valid for
one year beyond what is allowed by state law for preliminary plat expiration.
Garrett Huffman with Master Builders, 335 116th Avenue SE, Bellevue, expressed
support of the one year extension, and noted that he has one member with over 300
lots to be developed whose ability to market those lots would be greatly improved.
Sam Pace, 29839 1541h Avenue SE, on behalf of the Association of Realtors, spoke in
support of RCW+1, saying it would prevent doubling costs to the property owner,
accelerate the time frame for the city to receive the benefits of additional private
investment, and reduce the likelihood that the property owner would go elsewhere if
the property owner had to start over. Pace also thanked the Council for their efforts
on behalf of property owners who live near water.
Upon Albertson's question, Graves explained the extension time specified in state law
before and after the recent change, and Albertson expressed concern about having
people vested for ten years under old design guidelines. Graves confirmed for Ralph
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that the one year extension is automatic. Perry then moved to adopt Ordinance
No. 4035 amending Chapter 12.04 of the Kent City Code entitled "Subdivisions,
Binding Site Plans, and Lot Line Adjustments", related to the administration of
subdivisions, binding site plans, and lot line adjustments. Higgins seconded.
Higgins spoke in favor of the ordinance,noting that some of the uncertainty will be
eliminated. Boyce and Ralph both said the ordinance is clean, clear and fair.
Ranniger echoed Albertson's concerns about old codes. Perry explained that she was
originally opposed to this but, as a compromise, will vote in support although she has
significant reservations about the time lines. The motion then carried with Boyce,
Higgins, Perry, Ralph, and Thomas in favor, and Albertson and Ranniger opposed.
ADDED ITEM
D. Purchase of Ammunition. (CFN-122) Police Chief Thomas noted that this item
was added to tonight's agenda because of its time sensitive nature. He said he has
been advised by the ammunition supplier that demand is high and supply is low, and
that they anticipate not only a significant increase in price, but a delay in delivery
time of 12-18 months. He asked for authorization to purchase armament for the
second half of 2012 and the first half of 2013 now. Thomas moved to authorize the
Mayor to approve the armament purchase from Dooley Enterprises, Inc., in the
amount of $76,637.96, including sales tax. Perry seconded and the motion carried.
REPORTS
A. Council President. (CFN-198) Higgins noted that the Council's strategic goals
were finalized at tonight's workshop and will be announced soon.
B. Mayor. (CFN-198) No report was given.
C. Administration. (CFN-198) The City Attorney gave an update on the status of
the National Wildlife Federation vs. Federal Emergency Management Association
lawsuit. CAO Hodgson reiterated that there will be an executive session of approxi-
mately five minutes to discuss a matter of pending litigation and said no action is
expected when the meeting reconvenes.
D. Economic & Community Development Committee. (CFN-198) Perry reported
on the Suburban Cities Association Public Information Committee's position on flood
control funding for coastal projects.
E. Operations Committee. (CFN-198) No report was given.
F. Parks and Human Services Committee. (CFN-198) Ranniger noted that the
next meeting will be at 5:00 p.m. on April 19, and that one agenda item is a report on
the work of the Human Services Commission relating to grants.
G, Public Safety Committee. (CFN-198) No report was given.
H. Public Works Committee. (CFN-198) Albertson noted that the next meeting is
at 4:00 p.m. on May 7th, and that a full report on infrastructure funding will be
available in May.
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Kent City Council Minutes April 17, 2012
I. Regional Fire Authority. (CFN-198) Thomas reported that there will not be a
meeting on April 18.
EXECUTIVE SESSION
The meeting recessed to Executive Session at 8:50 and reconvened at 8:57 p,m.
ADJOURNMENT
The meeting adjourned at 8:57 p.m. (CFN-198)
Brenda Jacober, CM�/f
City Clerk
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