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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 02/05/2013 ® Kent City Council Meeting K N.wA.H,.�'.. February 5, 2013 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, and Ranniger. Councilmember Thomas was excused from the meeting. CHANGES TO THE AGENDA A. From Council, Administration, Staff. Council President Higgins proposed an excused absence for Councilmember Thomas be added under Item 7(L). Council- member Perry proposed removing Consent Calendar Item 7 and placing it on Other Business Item C. Council President Higgins also proposed adding Intergovernmental Reports as Item 4(D). B. From the Public. No changes were made by the public. PUBLIC COMMUNICATIONS A. Public Recognition. Mayor Cooke recognized Reese McGuire for his accomplish- ments in baseball. Councilmember Perry noted that Cindy Marlowe is appearing on the television show "Project Runway" and is into the third episode on the show. B. Community Events. No community events were given. C. Legislative Report. Communication and Public Affairs Manager Michelle Wilmot noted that the City is entering the fourth week of the legislative session. She added that the top items concern the State budget and the City won't know exactly what it will look like until the April 17. She discussed committee meetings and reported on bills that are of concern to the cities. She mentioned that Doug Levy is working with King County Councilmembers to express the City's concerns. She also noted that residents can go to www.lea.wa,gov is to comment on the bills. D. Intergovernmental Reports. Council President Higgins gave a brief update on the Regional Policy Committee meeting regarding the potential renewal of the EMS Levy that supports Medic One which will be coming up for renewal this year. He noted another item discussed concerning the extension of the interlocal agreement with King County Solid Waste Division. . He gave a brief update on the Regional Transit Committee and the Mental Illness and Drug Dependency board meeting on the 21st. Councilmember Albertson noted that she was in Olympia and testified on SB5103, met with Senator Faine, Representative Sullivan, and Representative Maxwell regarding the City's legislative agenda. She stated that the Regional Water Quality Committee will meet to set up the yearly work plan. She will be meeting with Debra Entimen from Senator Adam's office concerning the Briscoe Desimone levy. She has a Flood Control District Board of Supervisors Executive Committee meeting on February 7. i Kent City Council Minutes February 5, 2013 Councilmember Perry noted that she will attend the Public Issues Committee of the Sound Cities Association meeting on February 7 and they are forming an Economic Development Committee and she has been asked to sit on the Events Committee. CONSENT CALENDAR Council President Higgins moved to approve the revised Consent Calendar Items A through L, excluding Item J, seconded by Councilmember Perry. Motion carried 6-0 and the following items were approved: A. Minutes of the workshop and regular Council meeting of January 15, 2013 B. Payment of the bills received through December 31 and paid on December 31, 2012 after auditing by the Operations Committee on January 15, 2013. Checks issued for vouchers: Date Check Numbers Amount 12/31/12 Wire Transfers 5287-5337 $1,646,517.81 12/31/12 Regular Checks 669544-669970 3,655,157.03 12/31/12 Use Tax Payable 1,738.55 $5,303,413.39 Checks issued for payroll for December 16 through December 31, and paid on January 4, 2013: Date Check Numbers Amount 1/4/13 Checks 330195-330333 $ 70,618.70 1/4/13 Advices 308264-308890 1,180,580.62 $1,251,199.32 C. Memorandum of Understanding for Joint Human Services Application/ Grant Management. The Mayor was authorized to sign the Memorandum of Understanding between the city of Kent and 18 local cities for management of online grants subscription services, subject to final terms and conditions acceptable to the City Attorney and Parks and Human Services Director. D. Addendum to "Go Grants" Online Subscription Service Agreement. The Mayor was authorized to sign the addendum to the "Go Grants" Online Subscription Service Agreement between the city of Kent and Western States Arts Federation, subject to final terms and conditions acceptable to the City Attorney and Parks and Human Services Director. E. Recreation and Conservation Office Grant Agreement. The Mayor was authorized to accept and sign the grant agreement with the Recreation and Conservation Office for $125,120.00 to assist in funding land acquisition at Clark Lake, subject to final terms and conditions acceptable to the City Attorney and Parks and Human Services Director. 2 Kent City Council Minutes February 5, 2013 F. Green River Flood Protection Sandbag Removal. The Green River Flood Protection Sandbag Removal Project was accepted as complete and release of retainage to AGR Contracting, Inc. upon receipt of standard releases from the state and release of any liens. The original contract amount was $894,628.03. The final contract amount was $668,599.95. G. Local Hazardous Waste Management Program Grant. The Mayor was authorized to accept the Local Hazardous Waste Management Program Grant in the amount of $31,442.22 for 2013 and establish a budget accordingly, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. H. Olympic Environmental Resources Recycling Contract. The Mayor was authorized to sign a consultant services agreement with Olympic Environmental Resources for Waste Reduction and Recycling Activities and Programs for 2013 in an amount not to exceed $93,392.25, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. I. 64th Ave. S. Channel Improvements Consultant Contract with AMEC. The Mayor was authorized to sign a consultant contract with AMEC in an amount not to exceed $19,096.15 to provide geotechnical engineering services for the 64th Avenue South Channel Improvements Project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. K. Upper Johnson Creek Restoration, Phase II. The Upper Johnson Creek Restoration - Phase II Project was accepted as complete and release of retainage to Restoration Logistics, LLC, upon receipt of standard releases from the State and release of any liens. The original and final contract amount was $59,903.55. ADDED ITEM R. Excused Absence. An excused absence for Councilmember Les Thomas, who was unable to attend the February 5, 2013, meeting. OTHER BUSINESS A. Proposed SE 256th Street Local Improvement District 364 - Resolution of Intent. Design Engineer Manager Mark Howlett gave a brief overview of the proposed 2561h Street Local Improvement District 364 and stated that the Washington State Transportation Improvement Board has made it clear that construction must be started by July 1 or the $2 million grant will be taken away. He gave an overview of the project and explained the improvements that would be made. Councilmember Boyce inquired if the City knew the funds would go away by July 1 and Mr. Howlett confirmed that we did. Councilmember Albertson moved to adopt Resolution No. 1869 setting a Public Hearing date for March 5, 2013, regarding the formation of Local Improvement District 364, seconded by Council President Higgins. 3 Kent City Council Minutes February 5, 2013 Councilmember Albertson discussed the area and stated that this project is a long time coming. She noted that there are children and significant pedestrian traffic in the area and it will provide much needed safety to the area. A vote was taken on the motion on the table which carried 6-0. B. Human Resources Community Outreach Position. Human Resource Director Lorraine Patterson gave an overview of the position. Council President Higgins moved to approve the .60 part-time benefitted position for the Human Resources Department, seconded by Councilmember Albertson. Motion carried 6-0. C. Briscoe Desimone Levee Contract with GEI. Tim LaPorte, Public Works Director discussed the levee and noted that it would be difficult to accomplish the work if this item is delayed any longer. Councilmember Perry inquired if setting the item back two weeks would hurt the timeline and Mr. LaPorte responded that it would be difficult but could work. Councilmember Perry moved to postpone the item to the February 19, 2013 Council meeting, seconded by Councilmember Albertson. Councilmember Perry stated that the City should wait to see what the King County Flood Control District's decision is and that WRIA-9 and Sound Cities Association will be making recommendations. She feels this item should wait for two weeks. Council President Higgins noted how the motion was written and said the project needs to move forward as soon as the King County Flood Control District approves Kent's plan. He felt it shouldn't be moved back to committee or wait two weeks. Councilmember Albertson noted that it shouldn't be brought to committee and a workshop should be held on this very issue and will support waiting. Councilmember Ralph noted that this item has been discussed several times in committee and the language has been carefully selected because the City is waiting on final approval of the King County Flood Control District. She noted she will not be voting in favor of this motion. Councilmember Boyce stated that he heard what Councilmember Albertson has said, but doesn't understand what the Council is waiting for. He stated that he doesn't see anything that locks the City into anything and doesn't understand why the Council should wait. He felt moving forward would be proactive. Councilmember Perry stated Council as a whole hasn't discussed reports from other agencies and the City needs to work with other agencies and cities to move forward. 4 Kent City Council Minutes February 5, 2013 Councilmember Albertson stated that there are questions because the Council hasn't had the time to consider this item as a whole before moving forward. She said that all councilmembers don't have all the information. Councilmember Boyce noted that the purpose of committees is to do the work and bring the work back to the Council and usually there isn't any issue. He noted that this is the process the Council has followed since he has been a councilmember. Councilmember Perry replied that there are a host of players involved that could jeopardize this in the future. She said there should be a workshop and this deserves one. Council President Higgins stated that a workshop is a good idea and that previous related matters have been approved on consent calendar. He noted that the Public Works Director has conveyed that this levee is in dire need of repair and that businesses in the valley are in jeopardy. Council President Higgins said he will vote no. Councilmember Ranninger stated that this levee does need repair and regional consensus building is important. She felt the City needs the good will of the other entities involved and holding off for 14 days to hear what WRIA-9, King County and others have to say will not make that much difference. She was in favor of the motion. Councilmember Albertson stated that Councilmember Ranniger summed it up and this is a very important decision. She felt it is critical for everyone to have all the information before making a decision. Councilmember Ralph stated that this isn't the City charging forward, it is letting King County know that the City is in a position to move forward immediately. She noted that time is of the essence and the prudent thing to do is address the deficiencies immediately. This simply says if King County Flood Control District approves the Kent plan, the City is ready to move forward. Councilmember Boyce asked how much impact waiting two weeks will have. Public Works Director LaPorte noted that the City needs to obtain permits and get things in order and that's why staff recommended that this be brought to Council in January. He stated that waiting makes it incrementally more difficult to get this done. Councilmember Boyce then asked if the City doesn't move forward will this offend other agencies we work with. Councilmember Perry replied that it will offend other agencies. Public Works Director LaPorte, answering Councilmember Perry's question, replied it would be difficult to wait two weeks. Councilmember Albertson reitered that there may not be a consensus on this because it hasn't been voted on and that it is prudent to wait. Council President Higgins took the gavel. 5 Kent City Council Minutes February 5, 2013 Mayor Cooke stated that as Chair of the Flood Control Zone District Advisory Committee, she has gone to a lot of meeting and heard many opinions. She gave an overview of the specifics of the project and stated that this simply allows the contractor to get ready. She stated that Council doesn't want to lose the opportunity to move forward on this levee. Councilmember Boyce said this has been a great conversation and felt that Council should move forward and will not support the motion. A roll call vote was taken on the motion, Councilmember Perry, Councilmember Albertson, and Councilmember Ranniger voted in the affirmative. Council President Higgins, Councilmember Ralph, Councilmember Boyce dissented, making the vote a 3-3 tie. Mayor Cooke utilized her tie-breaking authority, dissented and the motion failed 3-4. Council President Higgins moved to authorize the Mayor to sign a consultant services contract with GEI Consultants Inc. in an amount not to exceed $736,544 to provide structural and geotechnical engineering services for final design of the Briscoe/Desimone Levee Project, subject to approval by the King County Flood Control District of the City's sheet pile wall proposal, and approval and release of $7 million grant funds from the District to the City of Kent, and obtaining an acceptable agreement with the City of Tukwila for work within Tukwila, and final terms and conditions acceptable to the City Attorney and Public Works Director. Councilmember Ralph seconded. Councilmember Perry stated that Council should have voted to wait in the last motion and is concerned about not hearing from all the other agencies. Councilmember Ralph inquired if the sheet pile wall would provide an immediate solution until funds are available. Mr. LaPorte said that the sheet pile wall has been vetted through four consulting firms and a national expert by the County. He added that the walls can be removed in the future. Councilmember Ranninger noted this issue should have been at workshop tonight. She is worried about consensus and said her position stands. President Higgins communicated that he didn't think it would be contentious and said it will be scheduled in the future as a workshop. He noted that nothing will transpire unless the King County Flood District acts in the City's favor. He noted that the Council's obligation is to the City and should protect the interests of Kent, not King County or WRIA-9. He noted that the cost of doing business, economic development is high and when the City staff says if this was a bridge it would be closed the City should act. Councilmember Perry noted that more information is needed and two weeks isn't much to get more information. She felt having more information is in the best interest of the citizens. 6 Kent City Council Minutes February 5, 2013 Councilmember President Higgins stated that a $17 million investment to put a sheet pile wall in when what the County is proposing will cost millions of dollars is a prudent expenditure of money to address a need. He noted that the City needs to be able to protect businesses and roads and let economic development continue. Councilmember.Albertson noted that as information is being uncovered the pile wall may not be the best decision and expressed concerns. She stated that more information needs to be uncovered. Councilmember Perry commented that the City has one plan that would cost $17 million and King County has a long term and short term plan, one is $200-900 million and the other is $63 million. Councilmember President Higgins noted that the short term plan wasn't discussed at all when this first was introduced. Councilmember Boyce confirmed that the Kent plan is $17 million and if KC decides to move forward with their $63 million plan the Kent plan won't be adopted. He states that the City isn't locking itself into anything. Councilmember Perry agreed with Councilmember Boyce. However, she said if the King County Flood District says yes, and its partners are suggesting moving to the higher cost plan, the City is stuck. A roll call vote was taken on the motion, Council President Higgins, Councilmember Ralph, Councilmember Boyce voted in the affirmative. Councilmember Perry, Councilmember Albertson, and Councilmember Ranniger dissented, making the vote a 3-3 tie. Mayor Cooke utilized her tie- breaking authority, voted in the affirmative and the motion was carried 4-3. BIDS A. Hawley Road Levee Improvements. Tim LaPorte, Public Works Director, gave a brief description of the project. Councilmember Albertson moved to award the Hawley Road Levee Improvements Project to SCI Infrastructure, LLC, in the amount of $541,925.36 and the Mayor was authorized to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director, seconded by Councilmember Ralph. Motion carried 6- 0. REPORTS A. Council President. None. B. Mayor. Mayor Cooke noted that Valley Cities Mayors are working on the prioritization of road projects that have gone before the state as well as other entities. She went on to explain the road projects and has been asked to sign a letter of 7 Kent City Council Minutes February 5, 2013 support. She mentioned that Mike Moran is a speaker at the Chamber of Commerce meeting tomorrow and will speak on LEAN. She noted that Marcus Shelton who lives here in Kent has started movement to dedicate a roadway to veterans. C. Administration. Chief Administration Officer John Hodgson noted that he is representing South King County Cities which will look at low income fare subsidies. He noted that the twenty representatives have a mission to formulate options for low income riders and have a response done by the first of July. He asked for feedback from the Council. He stated that most low income subsidies are handed out by non- profit agencies. He also noted there will be no executive session. D. Economic & Community Development Committee. Councilmember Perry noted that the next Economic & Community Development Committee meeting is February 11. E. Operations Committee. No report was given. F. Parks and Human Services Committee. No report was given. G. Public Safety Committee. Councilmember Boyce noted that the next meeting is February 12. H. Public Works Committee. Councilmember Albertson noted that the February 18 meeting is cancelled. I. Regional Fire Authority. No report was given. ADJOURNMENT At 9:30 p.m., Mayor Cooke declared the regular meeting adjourned. Ronald Fore, MMMC City Clerk 8 II