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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 05/21/2013 (CENT Kent City Council Meeting May 21, 2013 The regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor Cooke. Councilmembers present: Mayor Cooke, Council President Higgins, Councilmember Albertson, Councilmember Boyce, Councilmember Perry, Councilmember Ralph and Councilmember Thomas. Councilmember Ranniger was excused from the meeting. CHANGES TO THE AGENDA A. From Council, Administration, Staff. Council President Higgins added Consent Calendar items M and N. Item N was an excused absence for Councilmember Ranniger. Councilmember Albertson moved item 7C to Other Business, item 8E. Chief Administrative Officer Hodgson removed the executive session pertaining to labor negotiations. B. From the Public. None. PUBLIC COMMUNICATIONS A. Public Recognition. Council President Higgins highlighted several of the sports teams and theater productions from the high schools. Councilmember Thomas discussed his nephew's success in track and field. Councilmember Albertson noted that her daughter is going to Evergreen College. B. Community Events. Mayor Cooke discussed Ka Boom and the events surrounding the event. She said KaBoom is run by Disney and involves the youth building the park. Councilmember Thomas stated that there is a tribute Beatles band performing at the ShoWare Center and "American Idol" will be there on July 19. C. Proclamation. Mayor Cooke read the Veterans Recognition Day Proclamation and presented it to Marcus Shelton and proclaimed Friday, May 31st as Veterans Day in Kent. Mr. Shelton and representatives from the Kent-Meridian Veterans of Foreign Wars (VFW) Post #6875 thanked the Mayor and the City for the proclamation. Councilmember Albertson said she was honored to have this proclamation move through the committee. D. Public Safety Report. Police Chief Ken Thomas gave his monthly update on crime statistics. Assistant Chief Pat Lowery presented the Chief's Award for Valor to James Kido for calling 911 which led to the arrest of an intruder who was in his house. Detective Heather Vance was presented the Chief's Award for Exceptional Duty for pulling another officer, Sergeant Lance, away from being hit by a vehicle. Police Chief Ken Thomas also introduced a new corrections officer, Mark Mafnaf and highlighted Officer Chris Korus' work reading to students at Kent Elementary School. Mr.Thomas communicated that he and representatives from his department will be holding Block Watch 101 and a community meeting on May 23 at Sunnycrest Elementary at 6:00 p.m. 1 Kent City Council Minutes May 21, 2013 E. Intergovernmental Renort. Council President Higgins reported on the Regional Transit Committee which will have two upcoming workshops to discuss what the impacts will be to the cities after the legislative sessions are done. Councilmember Ralph noted that the Regional Law Safety and Justice will discuss mental health and how it relates to public safety and the justice system. Councilmember Albertson reported on the South County Area Transportation Board meeting which covered the I-405/SR-167 corridor updates and the different tolling options the State is discussing. She said the State Transportation Commission had a survey conducted and discussed what citizens were willing to pay. She pointed out that legislature will need to step up and handle transportation issues. Councilmember Perry discussed the Sound Cities Association Public Issues Committee. F. Proclamation for Chief Administrative Officer John Hodgson. Mayor Cooke read the proclamation for Chief Administrative Officer John Hodgson and proclaimed May 31, 2013, as "John Hodgson Day" in the city of Kent. Mr. Hodgson thanked the City for the proclamation. PUBLIC COMMENT 1. R. C. Sample, Kent, discussed plans to sell the Riverbend Par 3 golf course. He noted that there aren't any other par 3 golf courses in the Kent vicinity. 2. Dick Gravender, Kent, discussed the Riverbend Par 3 golf course. He added that Mr. Tukes has children that come out to play on the course and that he hopes the City can come to an agreement with the citizens concerning the course. 3. Kim Chatman, Kent, stated that she was called a racial slur by a Kent police officer and explained the circumstances of the incident. Mayor Cooke asked Chief Ken Thomas about the incident and he stated that the City is investigating. 4. Gwen Allen-Carston, Kent, stated that she appreciates that a regular person can come speak to the council. She stated that the last time she was here the Kent Black Action Commission (KBAC) was a fledgling group. She noted that they are hosting their Juneteenth event on June 15 from 11:00 a.m. to 6:00 p.m. at the Kent Senior Activity Center. CONSENT CALENDAR Council President Higgins moved to approve the revised Consent Calendar Items A through N, removing item 7C, seconded by Councilmember Thomas. The motion carried 6-0 and the following items were approved: A. Minutes of the workshop and regular Council meeting of May 7, 2013. 2 Kent City Council Minutes May 21, 2013 B. Approval of Bills. Payment of the bills received through April 30 and paid on April 30 after auditing by the Operations Committee on May 7, 2013. Approval of checks issued for vouchers: Date Check Numbers Amount 4/30/13 Wire Transfers 5452-5466 $1,341,827.68 4/30/13 Regular Checks 372634-673017 3,352,392.70 4/30/13 Use Tax Payable 905.52 $4,695,125.90 Payment of the bills received through April 15 and paid on April 15 after auditing by the Operations Committee on May 7, 2013. Approval of checks issued for vouchers: Date Check Numbers Amount 4/15/13 Wire Transfers 5436-5451 $1,403,872.05 4/15/13 Regular Checks 672270-672633 1,593,279.75 Void Checks (2,015.97) 4/15/13 Use Tax Payable 5,195,69 $3,000,331.52 Approval of checks issued for payroll for April 16 through April 30 and paid on May 3, 2013: Date Check Numbers Amount 5/3/13 Checks 331442-331630 $ 99,258.93 5/3/13 Advices 313303-313933 1,262,116.29 $1,361,375.22 D. Noel, Inc. Consultant Services Agreement. The Mayor was authorized to sign a consultant services contract with Noel, Inc. for engineering services related to Green River Flood Protection Ecosystem Restoration Projects and Emergency Flood Response in the amount of $22,100, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. E. Traffic School Ordinance Amendina KCC 9.36 "Traffic Code." Ordinance No. 4079, amending Chapter 9.36 of the Kent City Code entitled "Traffic Code," adding a new Section 9.36.130 entitled "Traffic Safety School" which formally established a traffic safety school to promote traffic safety within the city of Kent was adopted. F. Washington State Department of Social & Health Services Grant — Kent Police Youth Board Project. The Mayor was authorized to accept the grant award from the Washington State Department of Social & Health Services that focuses on youth alcohol use prevention, adjust the budget, and to execute any documents relating to the grant funds with terms and conditions acceptable to the City Attorney and Police Chief. 3 Kent City Council Minutes May 21, 2013 G. Taraet Zero Manager Contract. The Mayor was authorized to accept the grant award in the amount of $61,000 from the Washington Traffic Safety Commission funding 60% of the salary and benefits for the Target Zero Manager position with the City and execute any related documents with terms and conditions acceptable to the City Attorney and Police Chief. H. Fiscal Year 2012 BJA Justice Assistance Grant. The Mayor was authorized to accept the fiscal year 2012 Bureau of Justice, Justice Assistance Grant in an amount of $51,883, amend the budget, and authorize expenditure of the funds in accordance with grant terms acceptable to the Police Chief and City Attorney. I. School Zone Traffic Safety Camera Ordinance. Ordinance No. 4080, amending Chapter 9.36 of the Kent City Code by adding the new Section 9.36.140 entitled "School speed zone traffic safety cameras" was adopted. J. American Traffic Solutions Contract. The Mayor was authorized to enter into a five-year contract with American Traffic Solutions for school speed zone traffic safety cameras, subject to final terms and conditions acceptable to the City Attorney and Police Chief. K. 2012 Building & Fire Codes, Ordinances. Ordinance Nos. 4081 and 4082, amending various sections of Chapters 13,01 and 14.01 of the Kent City Code to adopt the 2012 editions of the International Building, Residential, Mechanical, Energy Conservation and Fire Codes, and the Uniform Plumbing Code, together with the City's local amendments to those codes as depicted in these ordinances, to revise Section 14.08.020 to refer to the newly adopted codes and to make other housekeeping amendments were adopted. L. S. 231st Way to Veterans Drive Name Chanae Resolution. Resolution No. 1874 renaming South 231s' Way to Veterans Drive was adopted. ADDED ITEMS M. Set Public Hearing Date. June 4, 2013 was set as the date for the public hearing to discuss the Six-Year Transportation Improvement Program. N. Excused Absence. An excused absence for Councilmember Ranniger, who was unable to attend the May 21, 2013 meeting, was approved, OTHER BUSINESS A. King County Interlocal Agreement for Briscoe/Desimone Levee. Mike Mactutis, Environmental Engineering Manager, discussed Monday's meeting with the King County Flood Control District Board of Supervisors who voted unanimously to approve the interlocal agreement on the Briscoe/Desimone Levee with the City. He gave a brief report on the background of the levee. Council President Higgins thanked the public works staff for all their hard work. 4 Kent City Council Minutes May 21, 2013 Mayor Cooke thanked King County Councilmembers Julia Patterson and Regan Dunn. Councilmember Albertson asked about discussions with Tukwila and Public Works Director Tim LaPorte replied that they will start when the interlocal agreement is executed. Councilmember Albertson moved to authorize the Mayor to execute an agreement with the King County Flood Control District, allocating reimbursement to the City for improvements to the Briscoe Desimone Levee, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director, seconded by Councilmember Ralph. Motion carried 6-0. B. 2013 Transportation Investment Package Support Resolution. Council President Higgins discussed the resolution and communicated its importance. He stated it is designed to encourage our representatives in the legislature to move forward on this transportation package. Council President Higgins moved to adopt Resolution No. 1875, urging the state legislature to enact legislation creating a 2013 Transportation Investment Package during the 2013 special session, seconded by Councilmember Perry. Motion carried 6-0. C. Issuance of the Consolidated LID 362 Bond Ordinance. Finance Director Robert Nachlinger discussed the bond ordinance and why the bonds are being done at this time. He said there is a firm interested in buying these bonds and they aren't as restrictive in the reporting requirements as a public bond would be. Councilmember Boyce inquired if this would be done if there wasn't a merger going on and Mr. Nachlinger communicated that it would because there is an interested buyer. Councilmember Albertson asked how the two downgrades by Moody's would affect this. Mr. Nachlinger replied that these aren't city debts and there isn't an obligation for the City to make payments if the buyer has issues. Therefore, there won't be any affect. Councilmember Thomas moved to adopt Ordinance No. 4083, authorizing the issuance of Local Improvement District 362 bonds and authorizing the Mayor to execute all documents necessary for the issuance, subject to final review and approval by the Finance Director and the City Attorney, seconded by Council President Higgins. Motion carried 6-0. D. House-Banked Social Card Room Gambling Tax Reduction Ordinance. City Attorney Tom Brubaker presented the background of the ordinance and noted that Councilmember Thomas asked for it to be considered by the Council. Councilmember Boyce verified with Chief Administrative Officer John Hodgson that every one percent reduction represents $30,000 less in revenues. Council President Higgins verified with City Attorney Brubaker that this reduction would affect all casinos located in Kent. City Attorney Brubaker communicated that the casino was annexed and the laws banning casinos in the City aren't applicable. 5 Kent City Council Minutes May 21, 2013 Mr. Hodgson, in responding to Councilmember Perry's question, highlighted that the City has received $327,000 this year from the Great American Casino and they have been fairly consistent in the amount they have paid in gambling taxes. Councilmember Boyce verified with Mr. Hodgson that local cities, except for Auburn, have their gambling tax rate set at four percent and all the others are set at ten percent. Councilmember Thomas noted that he is proposing the amount be reduced to seven percent. Mr, Brubaker pointed out there is a sunset clause in the ordinance. Councilmember Perry verified with Mr. Hodgson that the annexation funds will stop after ten years. Councilmember Ralph clarified that the $300,000 in gambling taxes are a tax that only the casino pays. Councilmember Albertson pointed out that the City has the ability to charge a 20 percent tax. Councilmember Perry verified with Mr. Nachlinger that they don't pay a B&O tax. Councilmember Thomas moved to adopt Ordinance No. 4084, amending Section 3.21.010 of the Kent City Code entitled "Gambling activities and tax" and reducing the gambling tax from 11% to 7% of the gross amount of revenue from house-banked social card games, with a sunset of December 31, 2016, seconded by Council President Higgins. Councilmember Thomas stated that he is in favor of the motion. Councilmember Albertson stated she is opposed to the motion because the casino doesn't pay a B&O tax and the city shouldn't have a tax break for certain businesses. She said she doesn't want to have it reduced all the way to 7 percent and the City can't afford to cut this revenue. She noted that the City has lost a lot of businesses and felt it shouldn't save one on the backs of the taxpayers. Council President Higgins communicated that when faced with a position of having zero revenue rather than having a portion, he will take the portion. He voiced support for the motion and added that Kent needs to be competitive with neighboring cities Councilmember Boyce agreed with Councilmember Albertson and said this is a tough call. He noted this is a unique business and stated that businesses come and go. However, it is difficult for him to take money away the City and isn't convinced that making this adjustment will save the business. Councilmember Ralph supported the motion and stated the City is receiving a greater amount of money in gambling tax than the B&O and would rather approach this as 6 Kent City Council Minutes May 21, 2013 saving something rather than losing everything. She said this temporary reduction will go away in 2016. Councilmember Perry said this tax reduction has no effect on the City's bottom line and doesn't affect the budget. She also noted the annexation and mitigation sales tax funds from the state will replace the lost revenue. She supported the motion. Councilmember Albertson agreed with Councilmember Perry and noted that the annexation money is always at risk. She added that if the City has more casinos in the future the rate will remain the same. She stated that the jobs that may be lost if this casino closes are part-time jobs not full-time positions. Councilmember Thomas moved the previous question, seconded by Council President Higgins. Motion carried 6-0. A vote was taken on the motion on the table which passed 4-2. Councilmember Albertson and Councilmember Perry dissented. Chief Administrative Officer Hodgson communicated that there is a cap on the amount that the City can have mitigated. He stated that there would be an impact because the City won't receive mitigation for the rest of this year. MOVED FROM CONSENT CALENDAR E. Consolidating Budget Adjustment Ordinance. Finance Director Robert Nachlinger explained the ordinance and asked for approval of additional budget reductions totaling $5,579,000 for that net decrease of $2,957,872, giving back a trust fund loan of $4 million for the street fund, and $1 million for the water fund. He added that the state allocated those funds for the 228th corridor project and were not used and the City is leasing those allocations back to the state. Councilmember Albertson inquired about the $2 million water-operating fund and Mr. Nachlinger noted that the City closed out projects and returned $1.1 million in funds which were project budgets that were not spent. Councilmember Thomas moved to adopt Ordinance No. 4085, approving and consolidating the 2012 budget for adjustments made between July 1, 2012 and December 31, 2012, reflecting an overall budget decrease of $2,957,872, seconded by Council President Higgins. Motion carried 5-1. Councilmember Albertson dissenting. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES A. Council President. Council President Higgins noted the discussions at workshop regarding the school speed zone traffic safety camera item, the B&O tax update, the Public Facilities District appointment process, and the Transportation Package Resolution. B. Mayor. Mayor Cooke announced that the King County Flood Control District is entering the budget process and prioritizing projects. She noted that the Council is 7 Kent City Council Minutes May 21, 2013 preparing a report to the district concerning rebuilding the levees in Kent. She thanked those involved with the Briscoe/Desimone levee interlocal agreement. She noted that last Friday, Ben Wolters and Tim Higgins met with the ticketing agency, ShoWare, concerning their ticketing contract and the naming rights contract extension. C. Administration. Chief Administrative Officer Hodgson said there is one executive session item concerning property negotiations for 30 minutes. D. Economic & Community Develonment Committee. Councilmember Perry acknowledged her work with John Hodgson and that he has a consistently positive attitude about everything. She said she is really going to miss him. E. Operations Committee. None. F. Parks and Human Services Committee. None. G. Public Safety Committee. Councilmember Boyce stated that he has enjoyed working with John over the years and he will be missed. H. Public Works Committee. Councilmember Albertson noted that she is concerned about the golf course and it needs to be kept in the public eye in order to have change. She said she resigned from the Flood Control District Committee and is excited to be on the Human Services Commission. She noted that at the June3rd Public Works meeting there should be bid information concerning the LID and how to problem solve it. She stated that she will miss John and thanked him for his work with the drug addiction facility. I. Reaional Fire Authority. Councilmember Les Thomas noted that the next meeting will be June 19th. He said it has been outstanding to work with John and that he is going to enjoy retirement. Councilmember Ralph thanked John for all he does. Council President Higgins thanked John for his assistance over the past few years and said he has done more than anyone he can think of to improve the City. Mayor Cooke stated she has worked with John for eight years and he has done a great job with communication and his work behind the scenes has been critical in successfully operating a City of 120,000 plus people with a reduced staff. RECESS At 9:12, Mayor Cooke called for a three minute recess. EXECUTIVE SESSION At 9:15 p.m., Mayor Cooke called the regular meeting back to order and announced that the Council would recess into an Executive Session for thirty minutes to discuss property acquisition, per RCW 42.30.110(1)(b). 8 i Kent City Council Minutes May 21, 2013 At 9:39 p.m., the Executive session concluded and the regular meeting reconvened. Council President Higgins moved to authorize the Mayor to sign all necessary documents to complete the sale of real property known as Tract A of the "Top of the Hill" plat to Eagle Creek Land and development for $75,000, less closing costs but with no seller's commission, subject to approval of the final terms and conditions by the City Attorney and the Economic and Community Development Director, seconded by Councilmember Perry. Chief Administrative Officer John Hodgson noted that this property is surplus and a developer is willing to buy the property. A vote was taken on the motion on the table, which carried 6-0. Councilmember Perry moved to authorize the Mayor to sign the first amend- ment to the lease agreement between the City and Goodman Real Estate, its approved successors and assigns, and to authorize the Mayor to sign all documents necessary to close a sale of property for approximately $802,000 pursuant to the terms of the lease amendment, subject to approval of final terms and conditions by the City Attorney, seconded by Council President Higgins. City Attorney Brubaker noted that Goodman Real Estate is anxious to begin the Kent City Center and stated that it includes a $300,000 contingency. Councilmember Perry clarified that this is really good news that Goodman is interested in paying all the fees up front and moving forward in their project and thanked Councilmember Ranniger for her work on this project. Councilmember Albertson inquired with the City Attorney who noted that the "successor" is the City and the "assigns" means that the company will establish their own corporation to build and not to sell it to anyone to make something different. A vote was taken on the motion on the table, which carried 6-0. CAO Hodgson discussed his retirement and thanked his family, the City staff, and Council. ADJOURNMENT The meeting adjourned at 9:49 p.m. Rohald F. ore;P4MC City Clem 9 PUBLIC COMMENT KE 0 7 SIGN UP SHEET w.sHi.a:an For the Kent City Council Meeting of: /a � NAME Street Address Email Address To k 1234 Main com Street SE Comprehensive Ex Jane Doe Kent, WA 98032 )doe@hotmail. Plan tZ �� �11 5? r7 rd 6= 3 5✓ rr G 7 8 10 12 13 14 35 16 17 1$ 19 20 Members of the public are invited to speak under "Public Comment-, Agenda Item #6. Please sign above and when asked by the Mayor, come to the podium. Please limit your comments to three (3) minutes.