HomeMy WebLinkAboutCity Council Meeting - Council Workshop - Agenda - 12/12/2006 KENT
SUMMARY AGENDA KENT CIT`f COUNCIL MEETING WASHINGTON
ayor uze a oo a ounct mem ers a ora anniger, rest ent;Tim Clark, Ron
Harmon, Bob O'Brien, Debbie Raplee, Les Thomas, Elizabeth Watson
DECEMBER 12,2006
�COUNCtIL WORKSHOP AGENDA
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5:30 P.M.
Item Description Speaker Time
1. Legislative Platform Doug Levy 45 minutes
COUNCIL MEETING AGENDA
7:00 P.M.
1. CALL TO ORDER/FLAG SALUTE
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. Public Recognition
B. Community Events
C. Introduction of Appointees
D. Employees of the Month(November and December)
E. Economic Development Report
5. PUBLIC HEARINGS
A. 138th Avenue SE Street Vacation
B. Dean Street Alley Vacation
6. CONSENT CALENDAR
A. Minutes of Previous Meeting—Approve
B. Payment of Bills—Approve
C. Riverbend Golf Complex Well Pump Repairs Agreement—Authorize
D. Kent Pool Funding—Authorize
E. 2007-2012 Human Services Master Plan—Approve
F. Art Mural Agreements—Authorize
G. King County Waterworks Grant for Clark Lake Outlet—Accept and Amend Budget
H. Soos Creek Water and Sewer Easement at Service Club Ball Fields—Authorize
1. Cordi Property Lot Line Adjustment at Service Club Ball Fields—Authorize
J. King County Water District I I I Reimbursement Agreement for Service Club Ball Fields—Authorize
K. U.S.Fish and Wildlife Service Interagency Agreement Extension—Authorize
L. Tacoma Second Supply Project Agreement Amendments—Authorize
M. East Valley Highway Improvements from S.212th to SR167 Consultant Agreement—Authorize
N. Commute Trip Reduction Agreement Amendment—Authorize
O. Transit Service Agreement with King County Metro Transit Amendment—Authorize
P. Washington Traffic Safety Commission Drive Hammered Get Nailed Grant—Accept
Q. Accounts Receivable Write-Offs—Authorize
R. Appointments to Kent Bicycle Advisory Board—Confirm
S. Appointments to Drinking Driver Task Force—Confirm
T. Appointments to Land Use and Planning Board—Confirm
U. Appointments to Human Services Commission—Confirm
V. Millbrook Heights Final Plat—Approve(QUASI-JUDICIAL)
W. Punjab Final Plat-Approve(QUASI-JUDICIAL)
X. Kam Singh Final Plat—Approve(QUASI-JUDICIAL)
Y. General Contractor/Construction Manager Contract—Authorize
Z. Surplus Vehicles—Approve
AA. Water Treatment Chemical Purchases—Approve
BB. Fire Department Performance Polices,Standards and Objectives Resolution—Adopt
CC. East Valley Highway(84th Avenue South)Fund—Authorize
DD. Kiwanis Club of Meridian Donation for Service Club Balifields—Accept and Amend Budget
EE. Kiwanis Club of Kent Donation for Service Club Ballfields—Accept and Amend Budget
S.E.256th Rezone Denial Resolution=Adopt(QUASI-JUDICIAL)
GG. Council Absence—Approve
7. OTHER BUSINESS
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City of Kent 2007 Legislative Agenda
The City of Kent's 2007 Legislative Agenda is divided as follows:
I. The 2007 Action Issues are items deemed extremely important for the City of Kent—
enough so to devote maior efforts and advocacy toward having legislative and/or budget
provisions enacted in 2007. Items are alphabetized by general subject area (e.g.
Economic Development, Finance, etc.).
2. The 2007 Support/Oppose List includes items that are very important to Kent, and will
involve the City's use of time and effort to join others in strongly supporting beneficial
measures or strongly opposing enactment of adverse ones.
3. The 2007 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.
Citv of Kent 2007 Legislative Agenda—Action Issues(I77 alphabetical order of subject)
Demestic Violence Prevention—Safe Havens Project
• Making the state a partner in the Safe Havens project: Kent greatly appreciates the work
of its area state legislators in securing a $50,000 proviso in the 2006 Supplemental Operating
Budget for Safe Havens. 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. Safe Havens was planned and begun through a
federal demonstration grant, and the City is committed to continuing this project. However,
given that users of the facility come from areas throughout the Puget Sound and Western
Washington,the City will continue to seek other local and state partners in funding the Safe
Havens facility. This includes a $100,000 request for 2007-09 Operating Budget assistance.
(Staff Contact: Katherin Johnson,Human Services Manager,253-856-5073; kiohnsonnu,ci.kent.wa.us)
Economic Developmentllnfrastructure
• Center for Advanced Manufacturing: The City will support the work of the Kent Chamber
of Commerce and the South King County manufacturing sector as they seek $l 50,000 of the
$600,000 total toward implementation of a Center for Advanced Manufacturing in Kent. The
Center for Advanced Manufacturing has secured previous planning grants and funds from
both the federal Economic Development Administration (EDA)and the State Legislature. It
is being designed as a facility that will assist manufacturers with research information,work
force training needs,and new ideas on the use of technology and technology-transfer to keep
costs in line and help manufacturing assembly remain cost-efficient in the face of global
competition. (Staff Contact: Ben Wolters,Economic Development Director,253-856-5703;
bwoltersnci.kent wa us)
• Economic Development and Infrastructure Funding Needs: Kent will join the
Association of Washington Cities (AWC), a coalition of individual cities, and others
in bringing to the 2007 Legislature a series of ideas and options for enhancing
funding of general infrastructure needs and infrastructure that helps with economic
recruitment and economic retention projects. (staff contact: Ben Wolters,Economic
Development Director,253-856-5703; bwolters(a),ci.kent.wa.us) Specific ideas likely to be "in
play" include:
o Enhance funding of existing infrastructure programs, most of which are
significantly "over-subscribed";
o Expedite the approval process for existing grants and loans—turnaround
times from preliminary approval to funding allocations can run 18 to 36 months;
o Obtain a credit against the state Real Estate Excise Tax(REET) that could be
directed to the local level for infrastructure and economic development
recruitment/retention projects;
o Secure new economic development tools, including revisions to and
expansion of the Local Infrastructure Financing Tools (LIFT) statute; revisions to
the"Job Development Fund"to ensure it does not further impair the Public Works
Trust Fund and to make it more responsive to job-generating projects; additional
funds for the Governor's"Strategic Reserve Fund" as an economic recruitment
tool; permanent funding for the Community Economic Revitalization Board
(CERB); and changes to make CERB more usable for urban areas.
o Bond-capitalize funds for infrastructure.
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Events Center
• State funding assistance for Kent Events Center project: The City of Kent is moving
ahead with development of a new Events Center in the downtown area, on city-owned
land across from the Kent Commons. The Events Center would become a family-
friendly facility to host trade shows, festivals,youth activities, home and garden shows,
and some concerts. The anchor tenant would be the Seattle Thunderbirds junior-hockey
league team. The Kent Events Center would further revitalize economic development
efforts in Kent and South King County—and offer amenities close to home for an area
that is typically asked to shoulder a disproportionate burden in hosting human and social
services and low-income housing for King County as a whole. Initial estimates are that
the Events Center facility would cost about $40 million to construct, with overall costs in
the neighborhood of$50 million(these figures will be refined as an operations
consultant and project architect get further details on exact project costs). The City is
committed to financing$40 million of the project cost and seeks at least$10 million
in funding assistance from the state. Kent will demonstrate to legislators that the
Events Center would be value-added for the State of Washington, generating an
estimated $50 million in new revenues over a 25-to 30-year period. Additionally,Kent
will show that other Events Centers around the state which have qualified for a state sales
tax credit under the"Public Facility District"statute have received far more in state
funding than the proposed Kent Events Center seeks. (Staff Contact: Ben Wolters,Economic
Development Director,253-856-5703; bwolters(a?ci.kent.wa.us)
Fiscal Ma tie rs/Taz/BudgeI
• Streamlined Sales Tax (SST)"Sourcing" issue—full-mitigation solution: The City
has devoted considerable staff resources and effort the past three years to this high-
priority issue. 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. Department of Revenue 'gain/loss,
data shows at least 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 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. Substitute Senate Bill 6594 from the 2006
Legislature passed the Senate by a 48-0 vote but failed to clear the House, primarily due
to timing issues rather than substantive ones. Kent will work actively to see a full-
mitigation solution enacted in 2007. (Staff Contact: Bob Nachlinger,Finance Director,253-856-
5260;rnachlinger(a�ci.kent.wa.us)
• 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. The City appreciates the
sensitivity of the 2006 Legislature in these areas. (Staff Contact: Bob Nachlinger,Finance
Director,253-856-5260;rnachlinlzeranci.kent.wa.us)
Law Enforcement,"Crindual.lustice
• Automobile Theft—Stepped-up penalties and funding toward prevention
efforts: Washington has the dubious distinction of ranking in the top five among
all states in the nation when it comes to incidences of automobile theft. The auto
theft problem is a nnajor one in the Central Puget Sound and especially in South
King County. Kent police deal with four to five reported thefts per day on
average. For that reason, the City has been part of a stakeholders' group working
with state legislators on the development of 2007 auto theft prevention legislation.
Kent will strongly support and actively advocate for 2007 legislation to stiffen
and simplify the penalties for auto theft, to crack down on those who use certain
tools to steal cars, and to provide funding to help local jurisdictions combine their
efforts and combat auto theft cases that cross jurisdictional lines. (Staff Contact:
Steve Strachan,Police Chief,253-856-5888;sstrachan(a),ci.kent wa us)
Teleconrmunications/Rights of Way
• Cost responsibility for relocating utilities when necessary for construction projects: Kent
will explore a 2007 legislative initiative to remedy a provision of state telecommunications
and rights-of-way law that specifies who is responsible for the cost of relocating utilities
when a local government undertakes public infrastructure construction projects. Under 2000
legislation (ESSB 6676), a city or county can require a telecommunications provider to pay
for the costs of relocating utilities when necessary for a public infrastructure construction
project. There are exceptions in the law, including cases when the telecommunications
providers have "ownership"or aerial structures affected by a relocation. 177 the case of
Qwest vs. City of Kent, a judge has ruled that ownership of even a single telephone pole in an
affected area can qualms as "ownership"for the entire area. This brings about a cost shift—
to local taxpayers—that Kent does not believe was ever envisioned or intended by the
Legislature. (Staff Contact: Tom Brubaker,City Attorney,253-856-5782;tbrubaker(a).ci.kent wa us)
Transportation(Staff Contact for all in this subject area: Larry Blanchard,Public Works Director,253-856-
5502; lblanchard(a�ci.kent wa us)
• 2007-2009 Budget—Protect Funding for Projects in Kent and South King County: In its
2007-09 Transportation Budget process,the Legislature will be looking at how the 2005
"Transportation Partnership Act"(TPA) investment package for roads and transit may need
to be revised and curtailed. Sharp spikes in the cost of construction materials such as asphalt
and concrete are driving this re-examination of the 2005 TPA. While Kent understands that
the 2007 Legislature may need to revise the design and construction schedule of projects to
help save funds, the City wants to avoid a situation where major cost increases for the
Alaskan Way Viaduct and the State Route 520 Bridge drown out funding for other critical
projects. In particular, Kent will work actively to protect funding for State Route 167,the
Interstate 5/State Route 509 corridor, the Interstate 5/272"d Street interchange, and freight
mobility projects on 212"'and Willis Streets.
• 2007-2009 Budget—Freight Mobility Project Funding: Kent will actively work with the
State Freight Mobility Strategic Investment Board(FMSIB), which is presenting a
restructured project list to the 2007 Legislature to see if some new/emerging projects can be
funded and to see if existing funding can be targeted to the maximum extent practicable
toward "ready to go"projects. FMS1B is looking for ways to put initial funding into grade
separation projects on 228"' Street, Willis Street, and 212°i Street—and Kent will actively
work with FMSIB on this initiative.
Regional Transportation Investment District(RTID)and Sound Transit—how a Fall
2007 ballot is structured: As the RTID and Sound Transit prepare to take'a combined
roads-and-transit ballot measure to voters in Fall 2007, the two regional agencies may be
appealing to the 2007 Legislature for single-ballot authority. Under provisions in state
statute adopted in 2006,the RTID and ST ballots are separate but contingent—meaning there
are two ballot questions for voters and both have to succeed in order for either to move
forward. The City of Kent wants to ensure that a regional transportation financing package
has the best possible chance for success and will actively involve itself in legislative
discussions regarding the RTID/ST ballot.
• Transportation "governance" for the Central Puget Sound: The 2007 Legislature will be
considering recommendations from a nine-member Regional Transportation Commission
(RTC)that is evaluating how roads-and-transit functions are governed in the Central Puget
Sound. The RTC formed in response to legislative provisions of Engrossed Substitute House
Bill 2871 (ESHB 2871),and its nine members were appointed by the Governor. At this point,
it appears the RTC may recommend to the Legislature that a new regional entity is
established to oversee regional planning and financing of transportation in the Central Puget
Sound. Because transportation is such a critical issue for Kent,the City will be actively
involved in legislative discussions that look at how something such as a new regional entity
will impact transportation providers.
City of Kent 2007 Legislative Agenda—Support/Oppose List(In alphabetical order of
subject matter)
2007-09 Capital Budget Requests— The City of Kent will support these capital budget line-item
requests initiated and led by others:
• Lucy Lopez Community Center: The City will support a $300,000 request from the state
to help support establishment of this new Hispanic Community Center. (Staff Contact:
Katherin Johnson,Human Services Manager,253-856-5073; kjohnson(a- ci.kent.wa us)
• Alliance Center: The City will support a $500,000 request by the Multi-Service Center
for this facility to assist the mentally ill and to provide other human services. (Staff
Contact: Katherin Johnson,Human Services Manager,253-856-5073;kjohnson(uci.kent.wa.us)
• Northwest Harvest: The City will support a$3 million request by Northwest Harvest
toward the cost of establishing a new food-bank distribution facility in Kent. (Staff
Contact: Katherin Johnson,Human Services Manager,253-856-5073;kiohnsonrcdci.kent.wa us)
Domestic Violence Prevention
• Violations of no-contact orders: Kent will support 2007 technical-fix legislation to
ensure that police and prosecutors can address violations of no-contact orders whether
those violations are physical in nature or via means such as telephone and e-mail.
Ambiguous legislation in statute has led to some adverse court rulings on these issues.
(Staff Contact: Tami Perdue,City Prosecutor,253-856-5776;perdue(a,ci.kent.wa.us)
Ecouomic DevelopmentlInfi-astructure
• "Community Investment District" proposal, other proposals that further the objective of
Tax increment Financing(TIF) in state statute: The State of Washington has a very
limited TIF statute, and Kent will support ideas to broaden it, including an expected
initiative from the Kitsap County area that would establish"Community investment
Districts"where cities and counties can receive incremental revenues to invest in and
debt-service the cost of infrastructure that draws new development activity. (staff contact:
Ben Wolters,Economic Development Director,253-856-5703; bwolters(a),ci.kent.wa.us)
• Oppose imposition of new affordable housing requirements for 10-year property tax
exemption program: Kent supports a current economic development tool in state statute
that allows certain cities to use a 10-year property tax exemption for multi-family
housing as a way to draw that housing—and accompanying development—into
downtown areas. Certain stakeholders may bring to the 2007 Legislature a proposal that
would dictate a certain percentage of such housing being comprised of`affordable
housing.' Kent believes such legislation would be an infringement of local authority and
believes that such decisions should be left at the local level. (Staff Contact: Ben Wolters,
Economic Development Director,253-856-5703; bwolters_i ci.kent.wa.us)
• Public Works Trust Fund (PWTF): Kent will support efforts to protect the integrity of
the Public Works Trust Fund (PWTF). While the City supported the new infrastructure
and jobs creation/jobs retention grant program under the 2005-enacted "Jobs
Development Fund,"it would prefer that future funding for the Jobs Development
program not be established in a way that diverts money from the PWTF. (Staff Contact:
Larry Blanchard,Public Works Director,253-856-5502; IblanchardZci.kent.wa.us)
Fire Prevention (Staff Contact for all in this subject area: Jim Schneider,Fire Chief,253-856-4300;
jschneider(a-ci.kent.wa.us)
• Authority for fire districts and other special districts to utilize 6-year property tax levy lid
lifts(subject to voter approval): Kent will support 2007 efforts to provide this authority
to fire districts and other special districts. The authority, subject to voter approval,
already exists for cities and counties.
• New funding for regional Hazardous Materials(HazMat)response efforts: Kent will
support an effort by fire agencies and law enforcement agencies to secure new funding
for HazMat response.
• 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 2007, 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 probation liability
exposure, address offender medical costs, restore authority to collect jail booking fees,
and exempt local governments from being charged for Washington State Patrol (WSP)
s
background checks. (Staff Contact: Bob Nachlinger,Finance Director,253-856-5260;
rr�aehlinr=er(u�ei.kent.?va.us)
• Motel/Motel Tax—restore flexibility in how the tax revenues may be expended: A recent
State Attorney General's Ott-ice opinion (AGO) has cast doubt on the authority of cities
and counties to use hotel/motel tax revenues toward community events and festivals that
draw visitors and tourists. The AGO would restrict the use of hotel/motel tax revenue to
only the "advertising and marketing"costs of such festivals. Kent will strongly support a
2007 legislative initiative led by the AWC to remedy the AGO and ensure that
hotel/motel tax revenues can be spent more flexibly, including using these revenues
toward the overall costs of putting on community events and festivals. (Staff Contact: Bob
Nachlinger,Finance Director,253-856-5260; rnachlin2ernci.kent.wa.us)
• PERS/LEOFF Pension Issues, Family and Medical Leave expansion, Sick Leave
Expansion: As important to Kent as protecting its revenue authority is to protect against
measures that impose new costs on the City. Kent has worked hard to contain its health
care costs through co-pay measures—and still, health care cost increases for 2007 are
forecast to be about 10-11 percent. Additionally, Kent is dealing with recent pension rate
increases that are adding significant costs to cover employees. Kent will work with
AWC and other stakeholders to hold the line on pension, FMLA, and sick-leave costs,
and raise concerns with any 2007 legislative initiatives that would impose new costs in
these areas. (Staff Contact: Bob Nachlinger,Finance Director,253-856-5260;
rnachlin2erZ_ci.kent.wa.us; Sue Viseth,Employee Services Director,253-856-5276;
sviseth�i),ci.kent.wa.us
General Goi,ernment
• Probation Liability Reform: Kent will support efforts to limit liability exposure for local
governments that are operating probation programs. Cities and counties should be held
liable for damages for egregious acts or on-the-job mistakes, but they cannot be expected
to control the actions of offenders 24 hours a day. (Staff Contact: Pat Fitzpatrick,Deputy City
Attorney,253-856-5781; pfitzpatrick na ci.kent.wa.us)
• Public Disclosure Act—Protect privacy of information of those enrolling in local parks
programs: If the City of Bellevue promotes 2007 legislation to protect the private social
security records and other privileged information of those who sign up for local parks
programs, Kent will support it. (Staff Contact: Jeff Watling,Parks Director,253-856-5007;
iwatlinQnci.kent.wa.us)
• Alternative Public Works Contracting Methods: The City will support extension and
possible expansion of the law that permits certain local government entities to use
alternative public works contracting methods known as"design-build" and"General
Contractor-Construction Management"on large projects. Kent will actively work to
ensure its authority remains unfettered in using these alternative contracting tools for a
new Events Center. (Staff Contact: Ben Wolters,Economic Development Director,253-856-5703;
bwolters(a,ci.kent.wa.us)
• Protect public works bidding laws and contractor claims laws from being undermined:
Kent believes the public is well-served by current laws dealing with contractor and
subcontractor bids for public works projects—and by statutes governing the conditions
under which contractors can file claims for payments when notice provisions have not
been met. Kent will join AWC/cities, counties, ports, and others in opposing potential
7
2007 legislation that weakens local authority in these areas or adds new costs and/or
?;ability exposure to the process. (Staff Contact: Tom Brubaker,City Attorney,253-856-5782;
tbrubakerQ)ci.kent.wa.us)
HumaniSocial Services
• Support preserving/enhancing state funding for vulnerable populations: Kent will
support efforts to preserve and/or enhance funding for state programs that assist our most
vulnerable populations and those most in need, including the Basic Health Plan,
community health centers, mental health services, and substance abuse prevention. The
City will also closely track legislative actions and discussions regarding the "TANF"
program (Targeted Assistance for Needy Families). (Staff Contact: Katherin Johnson,
Human Services Manager,253-856-5073;kiohnsonra,ci.kent.wa.us)
• Preserving manufactured housing communities that provide housing for low-income:
The City of Kent supports efforts to retain existing manufactured housing for low-income,
and to assist those displaced by mobile home park closures. However, the City has
concerns with a potential 2007 legislative initiative that would allow for-profit landlords
of manufactured housing communities to transfer ownership to non-profit landlords upon
a sale. Kent is concerned that this rewards the for-profit owner while not providing any
funds for the new non-profit owner to address what often can be substandard living
conditions. (Staff Contact: Katherin Johnson,Human Services Manager,253-856-5073;
kiohnson anci.kent.wa.us)
• Homelessness Counts: Kent opposes legislation that will expand the number of homeless
counts local jurisdictions are required to conduct in a community or region. Funding for
the existing once/year count does not keep pace with costs of conducting it. (Staff Contact:
Katherin Johnson,Human Services Manager,253-856-5073;keohnsonncLkent.wa.us)
• Supervised Visitation and "Friendly-Parent" legislation: Kent will express concerns with,
and/or opposition to, legislation that would attempt to put in place a one-size-fits-all
Supervised Visitation Network(visitation programs should be tailored to local conditions
and circumstances)or"friendly-parent" legislation that would gives unfair advantages to
parents in domestic cases that involve children. (Staff Contact: Katherin Johnson,Hunan
Services Manager,253-856-5073; kiohnson(a).ci.kent.wa.us)
La»d-Use/GMA/AnnexationIHousing (Staff Contact for all in this subject area: Fred Satterstrom,
Community Development Director,253-856-5430;fsatterstrom(a�,ci.kent.wa.us)
• Annexation Authority for Cities: Kent will support additional measures that better
facilitate the process of annexations, which are expected to occur under the
tenets of the Growth Management Act (GMA).
• Civil Warrants: If a coalition of cities and building officials brings forth 2007
legislation to enhance the authority of local governments to inspect properties
that are suspected of being unsafe, dilapidated, and run down, Kent will support
it.
• Affordable Housing/GMA: During the summer and fall of 2006, stakeholders
sitting on an Affordable Housing Task Force worked on a package of ideas
designed to spur the development of more affordable housing units in our state,
and especially in the Central Puget Sound. A consensus task force package has
no,vv been adopted by an Affordable Housing Advisory Board (AHAB) that makes
recommendations to the Governor. The package looks at new funding for
infrastructure, certain modifications to the GMA, new economic development
tools, etc. Kent is prepared to support the Affordable Housing/GMA package
adopted by AHAB, provided it is not weighed down with attempts to foist costly
new GMA requirements on cities and counties involving buildable lands, land
capacity, housing targets, etc.
• Housing Issues Involving Buildable Lands and Housing Targets: Kent is
sympathetic to the goals and objectives of housing availability and land supply for
housing under the Growth Management Act. Additionally, the City did not
oppose the agreed-upon language in SSB 5602 from the 2003 session, which
asks cities to ensure that amendments to their comprehensive plans and GMA
plans, taken collectively, will not diminish a city's commitment to meeting housing
targets and economic development goals. However, the City does have
concerns with any potential 2007 legislative proposals that would introduce new
definitional and data-collection requirements to the Buildable Lands program that
will add new costs and requirements for cities.
• Technical fix—definition of"waterway" under the Shoreline Act: Kent is prepared
to support request legislation from the Department of Ecology that cleans up and
clarifies the definition of"waterway" under the Shoreline Management Act.
• Planning and Environmental Review Fund (PERF): The PERF program was
funded in 1995-97, but was discontinued when the state ran into economic
troubles. The program provides grants to local governments that do pre-planning
of large areas so that there can be an overall land-use visions for such areas vs.
a parcel-by-parcel, case-by-case view. Kent previously used PERF dollars for its
downtown plans. Recapitalizing the PERF fund is referenced in the
aforementioned Affordable Housing/GMA package. Kent will support a PERF
funding initiative if one is brought forth.
• Exclusionary Zoning: In 2007, a low-income housing coalition is likely to promote
legislation that would prohibit local governments from having any ordinances or
land-use policities that allow for certain types of housing and housing providers to
be excluded from a community or from certain zones. Kent will closely review
any legislation in this arena — and will want to ensure it does not constitute an
unfunded mandate or an attack on home rule.
• SEPA reform: Kent is open to reforms of the SEPA (State Environmental Policy Act)
process to help avoid duplicative and overlapping requirements in the local permit
process. Some cities and developer interests contend that SEPA ends up requiring
another layer of environmental review that is already covered under existing local codes
(such as traffic mitigation,drainage, etc.).
Law Enforcennent/Crin7inal Justice/Courts/Jails
• Criminal Justice Training Commission (CJTC)funding: Kent strongly supports
maintaining adequate funding for the OTC, which operates a required training academy
e)
for newly-hired police officers. (Staff Contact: Steve Strachan,Police Chief,253-856-5888;
sstradhan0ei.Ice fit.wa.us)
• Identity theft: Kent is prepared to support 2007 rneasures brought forward by law
enforcement that provide citizens with new tools to prevent identify theft. (staff contact:
Steve Strachan,Police Chief,253-856-5888;sstrachan(a?eLloent.wa.us)
• Theft of copper and other scrap metals: Kent will support 2007 legislation to require new
proof-of-ownership and registration for those who attempt to sell copper and other
valuable metals to pawn shops and second-hand dealers. The problem of copper theft
from building construction sites is a growing one in the Central Puget Sound. (staff
Contact: Steve Strachan,Police Chief,253-856-5888; sstrachannci.kent.wa.us)
• Changing the dollar threshold as to which property crimes constitute a misdemeanor vs. a
felony: Kent will oppose legislative initiatives that would result in more property crimes
being classified as misdemeanors—by raising the dollar threshold for what is considered
a misdemeanor vs. a felony. (Staff Contact: Pat Fitzpatrick,Deputy City Attorney,253-856-5781;
pfitzpatrickna,ci.kent.wa.us)
• Interrogating juveniles in criminal investigations: Kent is prepared to support 2007
legislation that would require police to attempt to notify the parents of a juvenile brought
in for interrogation as part of a criminal investigation. The City would, however,join
other law enforcement interests in opposing legislation that goes further and would
potentially undermine the integrity of investigations by requiring that a parent be present
at all interrogations, or consulted on what questions may and may not be asked. (staff
Contact: Steve Strachan,Police Chief,253-856-5888; sstrachan(a).ci.kent.wa.us)
• Drug Seizure Proceeds: Kent will joint law enforcement interests in opposing any 2007
legislative initiative that seeks to redirect the proceeds from drug seizures from drug
enforcement at the local level and instead target those monies to drug treatment at the
state level. Such legislative initiatives have failed in past sessions and represent an
infringement on local authority. (Staff contact: Steve Strachan,Police Chief,253-856-5888;
sstrachan(d�ci.kent.wa.us)
• Municipal Court Services Flexibility—"Community Courts": Kent supports efforts by
AWC and other cities to clarify state statute to ensure that cities can contract with one
another for the provision of Municipal Court services across boundary lines(sometimes
called "Community Courts"). (Staff contact: Pat Fitzpatrick,Deputy City Attorney,253-856-
5781;ptitzpatrick(a)ci.ken t.wa.us)
Parks& Recreation (Staff Contact for all in this subject area: Jeff Watling,Parks Director,253-856-5007;
jwatlin2(a)ci.kent.wa.us)
• 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. A coalition of interests is proposing that biennial capital budget
funding for the WWRP increase from $50 million to $100 million.
• Authority to trap rodents on public property: Kent will support 2007 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.
Storn7water
• 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 soa,-
to-be-issued final 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) pen-nit 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
2007 legislation is unlikely, cities are working with legislators to help push DOE to
modify these draft permit provisions. (Staff Contact: Mike Mactutis,Environmental
Engineering Supervisor,253-856-5520; mmactutis(a ci.kent.wa.us)
Telecommunications/Rights-of-Way
• Oppose possible attack on franchising authority: Kent will join with the AWC and
others in strongly opposing any attempt by the telecommunications industry to
weaken local authority in franchising, rights-of-way management, and utility tax
revenue collection. (Staff Contact: Tom Brubaker,City Attorney,253-856-5782;
tbrubaker(a�ci.kent.wa.us)
Transportation (Staff Contact for all in this subject area: Larry Blanchard,Public Works Director,253-856-
5502; lblanchard(a�.ci.kent.wa.us)
• Local funding options: While the Legislature has been reluctant to grant cities and
counties with new funding options to address local road needs, lawmakers did plow new
ground in 2006 with "Transportation Benefit District"(TBD)authority granted to local
governments as part of Engrossed Substitute House Bill 2871. The AWC and certain
cities and counties likely will approach the 2007 Legislature with legislation to make the
TBD authority subject to only `councilmanic' approval (rather than voter approval)under
certain conditions. Kent is prepared to support this legislation.
• PSRC Executive Board Voting Seats: Kent is prepared to support 2007 legislation to
establish criteria in statute for future voting seats on the Puget Sound Regional Council
(PSRC) Executive Board,while also making permanent prior transportation budget
provisos that granted new automatic voting seats to Kent, Bellevue, Renton and Federal
Way.
• Task Force on Concurrency for WSDOT: During the 2006-07 interim, a
legislatively-appointed task force has been examining transportation concurrency
issues and how this impacts the WSDOT. Some legislators want the WSDOT to
be allowed to receive impact fees for local development projects that impact the
state highway system — if the WSDOT is not given the ability to comment on local
permitting proposals and help shape the mitigation and impact fee part of the
permit. Kent believes that nearly all cities already work hard to solicit the views
of the WSDOT on development projects that impact the state highway system.
However, the City may be open to legislation, if carefully worded, that provides
it
an impact fee authority to WSDOT in cases where a locality has not contacted
the VVSDOT and solicited its input on a project.
11%ater Resources
Use of reclaimed water: The 2007 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.
(Staff Contact: Brad Lake,Water Superintendent,253-856-5610; blakeGaci.kent.wa.us)
• 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. (Staff Contact: Brad Lake,Water Superintendent,253-
856-5610; blake(a�.ci.kent.wa.us)
• Potential reworking of 2003 Municipal Water Law: Certain environmental and tribal
organizations have filed a legal challenge to the constitutionality of parts of the 2003
Municipal Water Law, which Kent strongly supported. The legal challenge may lead
some lawmakers to introduce legislation to modify the 2003 MWL. Kent would strongly
oppose any modification to the law in terns of perfecting water rights and flexible"place
of use" for delivering water. However, the City may be open to revisions to that would
make the law less broad in its definition of what constitutes a"municipal water supplier."
(Staff Contact: Brad Lake,Water Superintendent,253-856-5610; blake(aci.kent.wa.us)
• Cost recovery for residential fire-suppression sprinkler systems: During the 2006 Session,
Kent expressed concerns with proposed legislation that would have precluded municipal
utilities from recovering the costs they incur to extend water transmission facilities,or
expand pipes, to serve residential fire-suppression sprinkler systems. Kent will again
resist this type of legislation if it emerges in 2007. (Staff Contact: Larry Blanchard,Public
Works Director,253-856-5502;Iblanchardeci.kent.wa.us)
/.1
City of Dent 2007 Legislative Agenda--Track/Monitor List(in alphabetical order of subject)
• Legislative review of"Certificate of Need" program: Kent will track 2007 Legislature
discussions over how to reform the Department of Ilea ith-administered"Certificate of
Need" program for new hospitals, medical clinics,treatment centers,etc. The highly-
restrictive CON program looks as if it will preclude establishment of a new Cancer
Treatment Centers of America(CTCA)facility in Kent. However,the City still has
visions of establishing a medical district in Kent as part of its strategic plan, and will
want to ensure the CON program is made more flexible and workable.
• 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.
• Public Health--Protect/continue state funding of. Kent supports measures to ensure the
state continues to do its part to fund public health.
• Stun Guns/Tasers: Kent supports efforts to prevent pre-emption of local authority to
regulate private citizen use of stun guns and tasers.
CITY OF KENT
TOP LEGISLATIVE PRIORITIES—2007 SESSION
1,IOTE: The City of Kent's full 2007 Agenda provides, in alphabetical order of subject tnutter, a listing of issues the
City will actively lobby,support, and track/monitor. This I pagerprovides a snapshot of the top three priorities for
2007 and notes a few other 2007 "Action Priorities"detailed in the full agenda.. For more information, contact
Mayor Suzette Cooke, Chief Administrative Officer John Hodgson at(253)856-5700 or Lobbyist Doug Levy at
(425)922-3999-or check:with listed staff contacts on any technical or subject-specific questions.
Kent Events Center—Bottom of 2"`t/Top of 3`d Page of Full Agenda
Kent will actively work with area state legislators and legislative leadership to obtain at least $10
million in state funding for a planned Kent Events Center that would host the Seattle
Thunderbirds'junior-hockey team as well as a family-friendly assortment of trade shows,youth
activities, festivals and community events, home and garden shows, and some concert events.
The City will demonstrate the value the Events Center brings to the state financially—and the fact
that the $10 million request represents far less than the amount of revenue the state is contributing
to other Event Centers throughout the state. (Staff contact: Economic Development Director Ben
Wolters at(253)856-5703 or bwolters to ci.kent.wa.us)
Safe Havens Domestic Violence Visitation and Exchange Facility—2"d Page of Full Agenda
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. Safe Havens was planned and begun through a federal demonstration grant,and the City
is committed to continuing this project. However, given that users of the facility come from areas
throughout the Puget Sound and Western Washington,the City will continue to seek other local
and state partners in funding the Safe Havens facility. This includes a $100,000 request for 2007-
09 Operating Budget assistance. (Staff contacts: Human Services Manager Katherin Johnson at
(253)856-5073 or kiohnson@ci.kent.wa.us;Safe Havens Director Tracee Parker at(253)856-5074 or
tparkera_ci.kent.wa.us)
Streamlined Sales Tax(SST)—3`d Page of Full Agenda
Kent will actively seek passage of legislation that moves the state forward in participating in the
national Streamlined Sales Tax Agreement(SSTA), puts "brick-and-mortar"businesses on a
more equal playing field with online"E-tailers," and allows the state to capture new sales tax
revenue through what are known as "voluntary compliance" sales collected and remitted by
participating retailers. It is critical that any legislation be enacted with provisions that include frill
mitigation to jurisdictions such as Kent that stand to be negatively impacted by the SST change in
local sales tax `sourcing' from a current point-of-sale location to a point-of-final-delivery model.
(Staff contact: Finance Director Bob Nachlinger at(253)856-5260 or rnachlincer a ci.kent.wa.us)
Other Action Priorities for Kent in 2007—
• Transportation—4rh Page of Full Agenda
• Auto Theft Prevention—3`d Page of Full Agenda
• Support Chamber/Manufacturing Sector on"Center for Advanced Manufacturing"—2"d
Page of Full Agenda
• Infrastructure/Economic Development Funding& Tools—2"d Page of Full Agenda