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Home My WebLink AboutCity Council Meeting - Council Workshop - Agenda - 12/13/2005 KENT WASHINGTON SUMMARY AGENDA KENT CITY COUNCIL MEETING Mayor Jim White Councilmembers Deborah Ranniger, President; Tim C[ �r k, Ron Harmon, Julie Peterson, Debbie Raplee, Les Thomas, Bruce White DECEMBER 13,2005 COUNCIL WORKSHOP AGENDA U 5j4-pim- // Item Description Speaker Time 1 Legislative Platform Doug Levy 30 min COUNCIL MEETING AGENDA 7:00 P.M. 1. CALL TO ORDER/FLAG SALUTE—Police&Fire Honor Guards 2. ROLL CALL 3. CHANGES TO AGENDA A. FROM COUNCIL,ADMINISTRATION,OR STAFF B. FROM THE PUBLIC—Citizens may request that an item be added to the agenda at this time. Please stand or raise your hand to be recognized by the Mayor. 4. PUBLIC COMMUNICATIONS A. Employee of the Month B. Economic Development Report C. Soroptimist Club Donation for Service Club Park D. Kiwanis of Kent Presentation E. Introduction of Appointees F. Mayor/Council Presentations 5. PUBLIC HEARINGS A. Street Vacation,Portion of 132nd Avenue SE 6. CONSENT CALENDAR A. Minutes of Previous Meeting—Approve B. Payment of Bills—Approve C. 2006 Annual Budget Ordinance—Adopt D. 2005 Tax Levy Ordinances for 2006 Budget—Adopt E. Comprehensive Plan Amendment to Include 2006-2011 Capital Improvement Plan,Ordinance—Adopt F. Comprehensive Plan Amendment and Revisions to Kent City Code 12.13,School District Capital Facilities Plans Ordinances—Adop G. LTGO 2006 Parks Bond Ordinance—Adopt H. Home Street Bank Donation to Fire Department—Accept I. Washington Traffic Safety Commission"DOTS"Mini-Grant—Authorize and Accept J. Washington Traffic Safety Commission"Drive Hammered—Get Nailed"Mini-Grant—Authorize and Accept K. Soroptimist Club Donation for Service Club Park—Accept and Amend Budget L. Indigent Counsel Contract—Authorize M. 2006 Art Plan and Five Year Art Plan—Approve N. 2005 Annual Docket Report,Comprehensive Plan and Zoning Map and Text Amendments—Approve O. Agreement with Puget Sound Energy for Easement at Service Club Park—Authorize P. Vehicle Equipment Surplus—Authorize Q. Disposal of Metrotech Locators—Authorize R. Street Sweeping Contract Change Order No.4—Authorize S. Univar USA,Inc.2006 Water Treatment Chemical Contract—Authorize T. JCI Jones Chemical,Inc.2006 Water Treatment Chemical Contract—Authorize U. I.ID 352 Segregation Resolution—Adopt V. Homeland Security O'Brien Well Security Improvements Contract—Authorize W. Homeland Security Kent Springs Security Improvements Contract—Authorize X. Lifeline Utility Rate Ordinance—Adopt Y. Transportation Master Plan Mirai Associates,Inc.Contract—Authorize Z. Transportation Master Plan The Transpo Group,Inc.Contract—Authorize (D z C rl ° n p ° =*. =* p n0 C rD Q nas rm .. 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O O C �' Z) Z N E � � � � �° , • < (D - UQ rD rD -^ S m ¢� O v �• Q)Q Q Ln (D (D Vf CD 0 City of Kent 2006 Legislative Agenda The City of Kent's 2006 Legislative Agenda is divided as follows: 1. The 2006 Action Issues are items deemed extremely important for the City of Kent— enough so to devote major efforts and advocacy toward having legislative and/or budget provisions enacted in 2006. Items are alphabetized by general subject area (e.g. Economic Development, Finance, etc). 2. The 2006 Support/Oppose List includes items that are very important to Kent,and will involve the City's use of time and effort to either support beneficial measures or strongly oppose enactment of adverse ones. 3. The 2006 Track/Monitor List includes issues the City will track and monitor—and involve itself in to a higher degree if necessary—during the upcoming session. City of Kent 2006 Legislative Agenda 2006 Action Issues (In alphabetical order of subject matter) Capital Request—2006 Supplemental Capital Budget • Town Square Plaza: Kent greatly appreciates the successful efforts of its legislators to assist with recent line-item funding for projects such as Kent Station,Clark Lake Park,and the Wilson Playfields. Recognizing that the 2006 Supplemental Budget may deal mostly with"course corrections"vs. significant new capital investment,the City will nonetheless make its area legislators aware of a capital funding opportunity involving a new"Town Square Plaza"project within the Municipal Lot Redevelopment. The Town Square Plaza will be an outdoor gathering place that ties together the historic downtown Kent with the newly- emerging downtown comprised of Kent Station and the Municipal Lot project. The City seeks $1 to $2 million toward infrastructure related to the Town Square Plaza, a project that achieves the Growth Management Act(GMA)goals of bringing density to downtown areas, creating open spaces, and encouraging pedestrian-friendly and transit-friendly development. Domestic Violence Prevention—Safe Havens Project • Making the state a partner in the Safe Havens project: Kent will seek a modest 2006 Supplemental Operating Budget appropriation for Safe Havens,with the objective of making the State of Washington a funding partner in this unique effort. Safe Havens is the only facility in the state offering a safe, secure,child-friendly, and affordable environment for supervised visitations, drop-offs and pick-ups of children of domestic violence victims. The City greatly appreciates the assistance of area state legislators who want to have the state partner with local,private,and federal contributors to Safe Havens. Economic Development/Infrastructure • *Cancer Treatment Centers of America: The City is a strong proponent of this project and is committed to helping CTCA locate in Kent. CTCA has underscored its commitment to a Kent location for an integrated and full-service Cancer Treatment Center by purchasing Kent property for such a facility—even though CTCA's "Certificate of Need"has been denied by the Department of Health on both the initial application and a more recent motion for reconsideration. We have asterisked(*)this item because at this point,it is unclear that any legislative initiatives are feasible in the 2006 Session. However, Kent wants area legislators to be aware of the project and its importance to the City. • Annexation financing tools for cities: As King County continues to push for cities to annex large unincorporated areas such as the East Hill/Panther Lake area outside of Kent, it is clear to the city that such annexations are unlikely to occur anytime soon without some changes in state law. Large areas such as the East Hill/Panther Lake bring operating and capital costs well in excess of expected revenues, and Kent and other cities are reluctant to ask current residents to subsidize the costs of accepting new residents. For that reason, the City will join other cities in King County in advocating for new annexation financing tools that could be used to address the transition costs that come with taking on large annexations. Fiscal Matters/Tax/Budget • Streamlined Sales Tax"Sourcing"issue—full-mitigation solution: This is perhaps Kent's highest-priority issue, and one to which the City has devoted considerable staff resources and effort the past three years. Kent played an integral part in forging a compromise solution among cities that calls for SST changes in local sales tax `sourcing' to be achieved in a way that fully mitigates negatively-impacted jurisdictions. Current Department of Revenue `gain/loss' data shows a$3.3 million/year loss for Kent from sourcing changes under an SST compliance bill, and the City's own projections show the annual-loss figure could be even higher. The City appreciates the 2006 Legislature's early receptivity to an SST resolution that focuses on full mitigation, and use of before-and-after data to ensure mitigation is based on actual losses vs.projected losses. Kent will work actively to achieve 2006 SST legislation with the Association of Washington Cities(AWC), other individual cities, and key legislators who have assisted the City on this issue over the last few years. • Prevent unfunded mandates,protect against erosion of local taxing authority,local financing needs: Kent will make it a high priority to head off legislation that saddles local governments with unfunded or `underfunded' mandates, or undercuts local taxing authority provided to cities. Additionally,the City will work with other jurisdictions and the AWC on new local government financing initiatives. Transportation • New local funding options: Kent deeply appreciates the efforts of the 2005 State Legislatue in enacting the 2005 "Transportation Partnership Act,"and voters who rejected an Initiative 912 measure to repeal the phased-in 9.5-cent gas tax that is the primary funding source for the $8.5 billion transportation investment package. As helpful as the 2005 TPA was,one area it did not cover involves new local funding options for local roadways. In 2006,Kent will join with other cities and the Association of Washington Cities in seeking such funding options. At this point,cities are looking at some fee-based options to present to legislators,rather than any new taxing options. • Regional Transportation Investment District(RTID): The 2006 Session may include a re-examination of the RTID statute, and whether it needs to be retooled to include more flexible boundaries, eligibility for a broader array of projects, and different revenue sources. There also is some legislative sentiment to rewrite the RTID statute entirely, or create a new regional funding authority in state law. The City of Kent wants to ensure that a regional transportation financing mechanism is maintained to ensure that"mega-projects"such as SR- 167, SR-509, and the I-405/SR-167 interchange can be woven into a package that is taken before the voters of the Central Puget Sound region. • Transportation Improvement Board(TIB): The TIB is an important grant-funding partner for local projects, and the 2005 Transportation Partnership Act included $7 million/biennium in new funding for TIB. However, this funding was not codified in statute, and the City will strongly support efforts to make this technical fix in 2006. • State highway projects: The 2006 Legislature is unlikely to deal with any new initiatives in funding state highway projects,but Kent will continue to emphasize continued needs for State Route 167, State Route 509,and the Interstate 5/272"d Street interchange project. City of Kent 2006 Legislative Agenda— Support/Oppose List(In alphabetical order of subject matter) Economic Development/Infrastructure • Brownfield Redevelopment: Kent will support legislation to provide local jurisdictions with more tools to enable brownfield site cleanup and redevelopment. • Public Works Trust Fund(PWTF): Kent supports efforts to protect the integrity of the Public Works Trust Fund(PWTF). While the City supports the new infrastructure and jobs creation/jobs retention grant program under the 2005-enacted"Jobs Development Fund,"it would prefer that the future funding for the program come from somewhere other than the PWTF. • REET: While it now appears that no 2006 legislation will be brought forward to provide cities and counties with new Real Estate Excise Tax(REET)authority,Kent appreciates efforts by legislators to evaluate local options that allow local governments to enhance the REET in exchange for foregoing new impact fees. • TIF expansion: The City will support—but not initiate—legislative proposals to expand the state's extremely limited Tax Increment Financing(TIF) statute. • 10-year property tax exemption to incentivize multi-family housing in downtown areas: Kent strongly supports this program in statute and will join with AWC and other cities in opposing any attempt to roll back this authority. Fire Department Service Issues • Authority for cities to collect impact fees for fire districts: If the City of Covington brings this issue forward in 2006, as it did during the 2005 Session, Kent will support it. • Exempting emergency vehicle purchases from sales tax: This was attempted during the 2005 Session through HB 1995. If this cost-savings measure is advanced in 2006,Kent will support it. Fiscal Matters/Tax/Budget/Employee Services • Efficiency and cost-reduction measures: Kent is prepared to support legislative initiatives to promote greater efficiency and cost-savings in providing local government services. For example,the City will support efforts to decrease overall liability exposure, relieve growing jail costs, and address liability for jail inmate medical costs. • Family and Medical Leave expansion: Kent will work with AWC and other stakeholders to raise concerns with any 2006 legislative initiatives that would expand FMLA in a way that creates major cost impacts for local governments. The City is proud of the FMLA program it currently has in place for its employees and asks the Legislature to focus FMLA reform efforts on public-and private-sector organizations that do not have adequate programs in place. • PERS, LEOFF 1, and LEOFF 2 pension programs: Kent will support the efforts of AWC and others to ensure that contemplated changes in pension program rates,years-of-service provisions,retirement age, etc., do not create major negative fiscal impacts for cities. Kent also will support efforts to assist local governments with funding of LEOFF 1 long- term medical care costs,and with any effort to put more definition around types of medical conditions that would allow police and fire retirees to qualify for LEOFF 1 disability funding. • Property Tax Levy Lid Lift Authority: Kent will support efforts by AWC and others to add more flexibility to state statute which allows local agencies to take multi-year property tax levy lid lift measures to their voters. While Kent is not contemplating any such initiative, the City supports expected legislation that would loosen restrictions on when such measures can be taken to the ballot, and remove "non-supplanting"provisions in statute. • Property tax rate stabilization measure: Fire Districts may bring forth 2006 legislation to allow a jurisdiction to freeze in place a property tax rate for up to six years, if voters approve. Current statute allows for locking amounts in place,but not rates. While Kent will not be initiating any such"rate stabilization"measure, it is prepared to support legislation offering that tool. • Workers' compensation: Kent supports efforts to provide self-insured entities with more flexibility in assessing workers' compensation claims. The City also is prepared to support initiatives to better assess the cost-effectiveness of State Labor and Industries-run workers' compensation programs. General Government • Public Disclosure Act: Kent will join AWC/cities, counties,ports, in opposing potential 2006 legislation to further weaken the authority of local agencies to protect Attorney/Client privileged documents that arise from sensitive financial,criminal justice, and personnel matters. Additionally,while most requesters of public records have good intentions,Kent will.continue to make legislators aware of the costs and staff resources spent in dealing with some "harassment requests"that come from those who simply want to stop local initiatives or don't like particular projects. • Public Works,Bidding, Contracting: The City will join AWC, counties, school districts, ports, and other local agencies in opposing 2006 efforts to weaken local authority and flexibility in the public works project bidding and contracting processes. GMA/Land-Use Issues • Governor's GMA reform package—Update cycles, "BAS": Kent will support elements of the Governor's package that allow local jurisdictions to transition to an update cycle of every 10 years(vs. the current seven years)for comprehensive plans, shoreline plans,and critical areas ordinances. The City also supports efforts to better define and clarify"Best Available Science"in CAOs and shoreline plans, along with allowing more deference to local governments in demonstrating that`BAS"has been properly incorporated. • Technical fix bill on annexation: The City of Kent will support technical-fix legislation to better streamline the annexation process. • Transmission facility siting: Kent will join with AWC and other individual cities in resisting attempts to pre-empt local authority over transmission facility siting. Human/Social Services • Subsidies for child-care workers: Kent will support efforts to increase child care subsidy from DSHS for child-care workers • Food and nutrition programs: Kent supports funding for increased access to food and nutrition programs such as Food Stamps and the Woman, Infants,and Children(WIC) program. • Health Care, Mental Health Treatment, Dental Services, Substance Abuse Treatment: Kent supports greater access to these services, and enhanced coverage, for low-income families and children. • Elimination of Community Health and Safety Networks: Kent believes the Community Health and Safety Networks are duplicative and supports proposals to eliminate them. • Welfare services, continuum of care: Kent wants to support and work with other human/social service advocates to protect core programs in these areas. • Housing Trust Fund: Kent would stand opposed to any legislative initiative to reduce the size of the housing trust fund or raid the fund. • DSHS initiative to provide substance abuse treatment on demand for Medicaid clients: Kent will support this effort,particularly since substance abuse is one of the leading causes of homelessness and crime in South King County. The plan would be paid for by using a Medicaid cost offset. Law-Enforcement/Criminal Justice/Courts • Auto Theft: It is not clear whether the 2006 Legislature will consider significant proposals to address the growing automobile theft problem that affects South King County and other areas of the state. If so, Kent urges the Legislature to look at tougher sentences for offenders vs. ideas for authorizing"regional task forces"which do not solve the problem and already can be formed under current law. • Drug Seizures: Should any proposals to come forth to weaken current statutes on drug seizures and on allowing local agencies to keep most of the proceeds from such seizures, Kent will again join law enforcement and local agencies in opposing them. • DUI prosecutions: If the Washington Association of Prosecuting Attorneys (WAPA), city, and county organizations determine that recent court decisions make it necessary to restore implied consent authority to use blood tests in DUI cases,Kent will support their legislative efforts. • E-Tickets: Kent supports providing local jurisdictions with the option of issuing paperless or electronic tickets("E-Tickets"),provided the legislation ensures a way to document and verify signatures and specific incidents where the ticket was issued. • Interrogating juveniles in criminal cases: Kent will join law enforcement in resisting legislation giving parents unfettered authority to undermine juvenile interrogations that r are necessary to solving criminal investigations. The City is open to legislative language requiring that attempts be made to contact parents,but not to binding police agencies to have a parent present before any interrogation can begin. • Multi-city Municipal Court services: The 2006 Legislature may well see a proposal to . clarify the statutory authority under which cities can contract together to offer "Community Courts"for municipal court services. While this is not a `front-burner' issue for the City at this time,Kent will support proposals for multi-city-services flexibility. • Nightclub licensing: The City will support State Liquor Control Board agency-request legislation to create a separate licensing process for nightclubs. The new licensing process would include a provision calling on nightclub establishments to submit operating plans which show how they will separate minors from drinking-age customers. Liability Reform • Attorney General's Office request legislation: Kent is prepared to support request legislation from the State Attorney General that seeks to better define the responsibilities of state and local agencies and limit liability for those agencies in areas such as transportation,human services,and probation supervision. • Jail inmate medical costs: Kent will support efforts to address liability that cities currently have for paying a broad range of medical costs of jail inmates. Parks&Recreation • WWRP Funding, Outdoor Recreation Funding: Kent will support efforts to enhance funding for the Washington Wildlife,Recreation and Parks(WWRP)program in the 2005-07 Capital Budget. The City also will look at supporting parks funding initiatives that may be developed by an Outdoor Recreation Task Force. • Authority to trap rodents on public property: Kent will support 2006 legislation to provide cities and counties with explicit authority to trap rodents such as gophers and moles that can cause major damage to public property if left unchecked. Stormwater • Phase II NPDES permits under the federal Clean Water Act: Kent is working with numerous other jurisdictions,and the AWC, to ensure there is a reality check on a recent draft permit from the Department of Ecology(DOE) in the area of stormwater. DOE, under its authority to administer certain provisions of the federal Clean Water Act,has issued a draft permit that would regulate stormwater flows and standards for Kent and over 100 other"Phase II"jurisdictions as part of the National Pollutant Discharge Elimination System(NPDES)permit program. The concern is that the permit,in its current draft,contains very costly provisions related to effectiveness monitoring, as well as provisions requiring that redevelopment of existing surfaces meet a"pre-forested condition"standard. Local jurisdictions strongly believe the pre-forested condition provision would result in legal `takings' claims by property developers. While 2006 legislation is unlikely, cities are working with legislators to help push DOE to modify these draft permit provisions. Transportation-Related • PSRC Executive Board Voting Seats: Kent is prepared to support 2006 legislation to establish criteria in statute for future voting seats on the Puget Sound Regional Council (PSRC) Executive Board, while also grandfathering and making permanent prior transportation budget provisos that granted new automatic voting seats to Kent, Bellevue, Renton and Federal Way. Water Resources • Use of reclaimed water: The 2006 Legislature may hear requests for new legislation dealing with the use of reclaimed water. If so,Kent will work with other city water utilities to ensure that any such legislation preserves local flexibility and choice,and does not mandate the use of reclaimed water whether an affordable market for it exists or not. • Oppose new burdens on water-sewer assumptions: Kent will work with the AWC and other cities to preserve current statute on city assumptions of water/sewer districts. Special districts perennially bring bills to the Washington State Legislature to add new requirements and burdens to the statute. City of Kent 2006 Le,2islative Alzenda Track/Monitor List (in alphabetical order of subject) • Gambling establishment zoning: Though it is not a big issue for Kent, the City supports efforts by AWC and other cities to clarify local decision-making authority over the zoning and location of gambling establishments. • GMA Comprehensive Plan Updates—Doing more than once per calendar year: Certain cities such as Vancouver may bring forward 2006 legislation allowing local agencies greater flexibility in updating their comprehensive plans more than once per year—for example,when a proposed development may have new jobs implications. Kent believes current emergency authority to update comp plans more than once per year is likely adequate,and will monitor 2006 legislative initiatives on the frequency of updates within a given year. • Public Health--Protect/continue state funding o£ Kent supports measures to ensure the state continues to do its part to help fund public health districts. • Regional Fire Authority Statute: The City of Auburn and others may look to revise the state statute that allows cities and fire districts to band together to create regional fire authorities. The City of Kent is not looking to create such an authority,but will monitor these efforts. • Sex offender notification,regulating where sex offenders ma reside: Kent agrees with preserving authority and options for local governments to make determinations—based on their own, unique local circumstances—as to where sex offenders may reside in a given community. • Stun Guns/Tasers: Kent supports efforts to prevent pre-emption of local authority to regulate private citizen use of stun guns and tasers. `� KENT NOTICE OF SPECIAL MEETINGS Kent City Council NOTICE IS HEREBY GIVEN that, due to the holiday on Tuesday, July 4, 2006, the Kent City Council will hold it's workshop and it's meeting the following business day, on Wednesday, July 5, 2006. The meetings will be held in the Council Chambers at Kent City Hall, 220 41h Avenue South, Kent. The workshop will be held at 5:30 p.m. and the Council meeting at 7:00 p.m. Agenda items for the workshop are: 1. Transportation Master Plan 2. Metro King County Interlocal Agreement for Waste Water Treatment Agenda items for the Council meeting are: PUBLIC COMMUNICATIONS A. Public Recognition B. Community Events C. Employee of the Month D. Parks and Recreation Month CONSENT CALENDAR A. Minutes of Previous Meeting — Approve B. Payment of Bills — Approve C. Clearwire US LLC, Lease Agreement — Authorize D. Puget Sound Energy Easement — Authorize E. King County Office of Emergency Management Grant for CERT Training Materials — Accept and Authorize F. King County Office of Emergency Management Grant for CERT Training Courses — Accept and Authorize G. Wireless Data Network Access in Police Patrol Vehicles — Authorize H. Resolution Ratifying Amendments to Countywide Planning Policies — Adopt I. PBX Telephone System Maintenance Contract— Authorize J. Adesa Marshalling Yard Bill of Sale — Accept OTHER BUSINESS A. Kent Events Center Feasibility Study B. Consulting Contract with Brailsford & Dunlavey EXECUTIVE SESSION A. Property Negotiations B. Pending Litigation The City Council may take action regarding the Critical Areas Ordinance after the Executive Session. Any person requiring a disability accommodation should contact the City Clerk's Office in advance at 253-856-5725. For TDD relay service call Washington Telecommunications Relay Service at 1-800-833-6388. Brenda Jacober, CMC City Clerk