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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. 1 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, 2 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 3 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 4 Kent City Council Minutes April 17, 2012 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. 5 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 6