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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 5/19/2020 KENT CITY COUNCIL AGENDAS Tuesday, May 19, 2020 7:00 PM Chambers THIS IS A REMOTE MEETING DUE TO THE COVID-19 CORONAVIRUS EMERGENCY A live broadcast is available on Kent TV21, www.facebook.com/CityofKent, and www.youtube.com/user/KentTV21 To listen to this meeting, call 1-888-475-4499 or 1-877-853-5257 and enter Meeting ID 932 2100 4551 Please call 253-856-5700 or email CityCouncil@KentWA.gov to provide public comment. Mayor Dana Ralph Council President Toni Troutner Councilmember Bill Boyce Councilmember Marli Larimer Councilmember Brenda Fincher Councilmember Zandria Michaud Councilmember Satwinder Kaur Councilmember Les Thomas ************************************************************** COUNCIL MEETING AGENDA - 7 P.M. 1. CALL TO ORDER 2. ROLL CALL 3. AGENDA APPROVAL Changes from Council, Administration, or Staff. 4. PUBLIC COMMUNICATIONS A. Public Recognition i. Appointment to the Public Facilities District Board B. Community Events C. Public Safety Report 5. REPORTS FROM COUNCIL AND STAFF A. Mayor Ralph's Report B. Chief Administrative Officer's Report City Council Meeting City Council Regular Meeting May 19, 2020 C. Councilmember's Reports 6. PUBLIC HEARING A. Public Hearing on the Ordinance Adopting the Targeted Residential Area Investment Program - Adopt 7. PUBLIC COMMENT During the coronavirus emergency, please send comments to Citycouncil@KentWA.gov or call 253-856-5700. 8. CONSENT CALENDAR A. Approval of Minutes 1. Council Workshop - Workshop Regular Meeting - May 5, 2020 5:00 PM 2. City Council Meeting - City Council Regular Meeting - May 5, 2020 7:00 PM 3. Committee of the Whole - Committee of the Whole - Regular Meeting - May 12, 2020 4:00 PM B. Mill Creek at 76th Ave. Flood Protection Improvements – Drainage Easement, Access Easement, and Temporary Construction Easement - Authorize C. Appoint Zenovia Harris to the Public Facilities District Board of Directors - Approve D. Re-allocation of Lodging Tax Advisory Committee Funds for Business Recovery Efforts - Authorize E. Consolidating Budget Adjustment Ordinance for Adjustments between January 1, 2020 and March 31, 2020 - Adopt 9. OTHER BUSINESS 10. BIDS 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION 12. ADJOURNMENT NOTE: A copy of the full agenda is available in the City Clerk's Office and at KentWA.gov. Any person requiring a disability accommodation should contact the City Clerk's Office in advance at 253-856-5725. For TDD relay service, call the Washington Telecommunications Relay Service 7-1-1. Page 1 of 10 Administration • The Executive Leadership Team has talked through possible budget reduction strategies including the use of fund balance (our savings account for a rainy day), use of other one-time funds and grants, and individual department directors’ ideas to reduce their departments’ budgets. We expect to announce decisions the third week of May. • The team has also reviewed capital projects for cost-savings opportunities. Our goal is to keep as much construction moving forward as possible our capital dollars leverage a lot of outside grant money and it’s a great time to bid projects. • The economic development team continues to look for new ways to support our struggling small business community. We’re currently looking at using some city CARES dollars as well as a portion of the county’s CARES dollars for a small business grant program. • The Recovery Team continues to prepare for an eventual return to work for office- based employees. We’re still a ways away from reopening our public counters (the governor’s plan puts reopening in Phase 3) and requiring telecommuting employees to return to the office (the governor has said anyone who can telecommute should continue to telecommute for the foreseeable future). That said, we’re exploring ways to bring back office-based employees who really want to come back to the office. Our Teamsters employees returned to normal schedules the week of May 11. City Clerk’s Office • The City Clerk’s Office responded to 519 requests for public records and processed 79 requests for body-worn camera video over the past 30 days. • Over 50 contracts were processed and uploaded into Laserfiche. Visit Documents.kentwa.gov to access contracts. • The Clerk’s Office continues to coordinate weekly remote city council meetings, and publish and distribute agenda materials. • The Clerk’s Office continues working with the IT Department on the rollout of Laserfiche, the electronic records management system. Permitting • Since Governor Inslee lifted the restrictions on many types of construction activity in late April, our permit center has seen a corresponding increase in activity, and requests for field inspections have more than doubled over early April. A detailed update will be provided in the next CAO report. Economic Development • On May 7, the Lodging Tax Advisory Committee met to address the fallout of projected plummeting revenues. Because hoteliers report 75-95% reduction in occupancy rates, the committee cancelled its grant-making process for the remainder ADMINISTRATION ECONOMIC AND COMMUNITY DEVELOPMENT May 19, 2020 5.B Packet Pg. 3 Co m m u n i c a t i o n : C h i e f A d m i n i s t r a t i v e O f f i c e r ' s R e p o r t ( R e p o r t s f r o m C o u n c i l a n d S t a f f ) Page 2 of 10 of 2020, and reduced previously awarded grants. The committee voted to use some savings from cancelled awards to help cover costs of ECD staff providing direct business support, mitigation services and marketing activities to help recover the hospitality industry. • ECD plays a coordination role in South King County economic development, participating in the Southside Mitigation and Recovery Task Force and holding conference calls with neighboring economic development managers to discuss leveraging coming federal resources for business assistance. • In an economic disaster recovery coordination role with partners at Impact WA (the state’s manufacturing extension partnership) and Aerospace Joint Apprenticeship Committee, staff are brainstorming elements to include in a “manufacturer’s reopening care package”. Initial funding, which could scale with any future relief revenues, includes Federal monies for factory site assessments and reports on industry specific safety protocols. ECD’s Port of Seattle Partnership funding may be utilized to provide training for dislocated workers (competency trainings in areas like OHSA practices or Blueprint reading) and subsidized wages to incentivize rehiring in tracks with good wage progression in apprenticeship. Green River College’s growth in training dollars would also be placed into those baskets. • ECD staff is working with Green River College to design a web portal to coordinate the intake and distribution of COVID relief applications from businesses seeking help. With several business assistance centers, non-profits, and Community Development Finance Institutions all working in south King County to get resources to where they are needed, the goal is to streamline referrals between agencies, and increase awareness of the many agencies working to help Kent’s business community recover. • ECD staff is strategizing with King County counterparts regarding the use of Community Development Block Grants for the long recovery period to come. Ideas being considered include business assistance in the form of revolving loan funds given the Attorney General is now allowing public agencies to provide direct grants and loans for this purpose. • The real estate industry interest in Kent continues despite the crisis. Staff field calls on the city’s evolving policies on multifamily tax exemptions, unlisted sites for redevelopment, as well as questions from relocating businesses. • ECD continues outreach to Kent’s business community to ensure awareness and participation in regional marketing efforts, i.e. online regional map of restaurants offering take-out/delivery, local restaurant directory, the Saving Local campaign (sale of gift cards), as well as participation in second round of C-19 impacts survey to ensure Kent’s business impacts are documented. • ECD is recruiting businesses to feature in a video project by Multimedia to illustrate how Kent companies are managing through the pandemic. • Ongoing research of new grants, and status of federal financial supports for inclusion on C-19 Business Resources webpage. Long Range Planning • Long-Range Planning submitted Kent's yearly population estimate data to the Office of Financial Management, despite the lack of hard copy data which has previously been very helpful in checking the numbers. OFM releases official population estimates in June. • Long-Range Planning has been working with consultants and neighboring cities to refine the data for the South King Housing (SoKiHo) "Framework" phase of the Department of Commerce grant. The data appears to validate many assumptions while also giving a far more detailed picture on the type of housing that has been built in the last 15 years. Results from this work will be available in June, and will likely be helpful for years to come as it is the broadest and deepest data dive any city has done in recent memory. Staff have also been hard at work developing 5.B Packet Pg. 4 Co m m u n i c a t i o n : C h i e f A d m i n i s t r a t i v e O f f i c e r ' s R e p o r t ( R e p o r t s f r o m C o u n c i l a n d S t a f f ) Page 3 of 10 the scope for the second phase of this grant, and anticipate putting an RFP out mid-summer. Rental Housing Inspection Program • RHIP staff are sending out a revised notice to West Hill/Valley landlords to provide an updated 2020 inspection schedule. We understand that inspections and related repairs are difficult to accomplish at the current time due to COVID-19. Thus, we are extending the 2020 inspection deadline by 60 days. Landlords will now have until January 1 to complete inspections and repairs. • Outstanding 2019 re-inspections will be given until the end of August to complete their repairs. E-mails will be sent to those properties this week. • We now have a total of 43 COVID-19 related unemployment claims. In the past 2 weeks we have also received 10 fraudulent unemployment claims for employees who are fully employed by the city. All these employees have been notified of the fraud and those claims have been identified to WA State Employment Security as fraudulent. • Meetings are occurring with all Unions separately regarding budget. • Meeting with Finance to understand fully loaded rate used for OT calculations – determine what compensation should be used to calculate OT. • Comp and recruitment HCMA meetings are occurring at various times throughout the week. • Working on job description consolidation. • We are finalizing our test scripts for HCM testing and there will be a candidate workshop on May 15 for the Commander promotional in Police. We have additional testing scheduled for May 27 (Work Performance Rating), as well as the Command, Skills and Abilities assessment on June 4. Recreation System Replacement • Deliver a recreation management system for Parks’ recreation staff to input, manage and maintain customer accounts, memberships, programs, facility rentals, and leagues in support of its operations. Kiva Replacement (Amanda) • Replace Kiva with a new enterprise permitting system including integration with GIS, Wireless for inspectors, Interactive Voice Response (IVR) Inspection Scheduling, Web Access for Citizens, Service Requests, Code Enforcement, ad hoc Query and Reporting system. Information Technology operational support for May 1, 2020 to May 12, 2020 Number of tickets opened – 156 Number of tickets closed – 203 • Assisted city departments with several contracting issues that have arisen in light of the COVID-19 emergency. • Attended meetings with Emergency Management and have started preparations for returning legal staff to the office. • Assisted Parks with significant review and revision to their bid and project specifications for the renovation of West Fenwick Park, which work is expected to cost around $3 million. • Reviewed tech contract for IT’s acquisition of the SeeClickFix application, which will replace the Resident Request Tracking System. • Advised ECD and prepared ordinance regarding the temporary housing of the homeless in Kent. • Performed research and advised the Police Department regarding liability issues surrounding domestic violence calls and the mandatory arrest requirement. • Conducted a review of Law Department periodical and book subscriptions and FINANCE HUMAN RESOURCES INFORMATION TECHNOLOGY LAW 5.B Packet Pg. 5 Co m m u n i c a t i o n : C h i e f A d m i n i s t r a t i v e O f f i c e r ' s R e p o r t ( R e p o r t s f r o m C o u n c i l a n d S t a f f ) Page 4 of 10 reduced subscriptions substantially to reduce expenditures. • Continued preparation of a request for proposal for medical services at the Kent Correction Facility. • Contacted the Court’s vender for alcohol monitoring device services for DUI court participants. There was concern about the continuation of monitoring of two defendants due to the vender’s business challenges. • Between April 28 – May 8, 2020: o Received 149 new criminal cases for filing consideration from the Police Department. Fifty-five of those cases were for people who were booked into custody and 94 of the cases were for people who remain out of custody pending a filing decision. o Filed 143 criminal cases with the court. • Reviewed approximately 264 hours of Body Worn Camera (BWC) footage. • Attended the daily in-court jail calendar. • Given proclamations from the Governor and the Kent Municipal Court, worked to change case approach in response to COVID-19 including: o Prepared all cases that were originally set for the July and August jury terms to ensure they were immediately ready to proceed to trial when court resumes. While it is still unknown when jury trials will recommence, the cases for people currently in custody are routinely being set to the next jury term as a means of tracking them. o Answered emails, texts and phone calls from police officers, Kent Municipal Court, defense attorneys, and witnesses concerning case impacts due to COVID- 19. o Reviewed and advised KPD on new case law, legislation and emergent issues regarding COVID 19. o Two prosecutors attended an in-person court meeting to discuss plans for re- opening Kent Municipal Court, currently scheduled for June 2, 2020. o Reviewed over 600 pending criminal cases to prioritize court hearings when court re-opens. o Staffed all DUI Court cases for status and made decisions on how to proceed during court closure including handled six DUI Court hearings telephonically on May 6, 2020. o Reviewed missed infraction calendars and contacted defense attorneys regarding potential settlements. • Continued to work with KPD on the impacts of the new facial recognition statute and the potential impacts on the Police Department. • Six prosecutors attended various free Continuing Legal Education (CLE) webinars. • Seven prosecutors attended a one-hour CLE on traffic stops. • Held two prosecutor team meetings. • Continued to assist the Clerk’s office with public records requests as needed, and Public Works, ECD, IT and Parks with many high priority contracts and development projects, including property rights and access issues involving Naden Avenue. • Assisted the HR Department in many sensitive employment and labor related matters. Recreation • Recreation staff, with production support from Multi-Media, continue creating weekly video’s featuring STEM activities, exercise, healthy cooking demos and sports skills. We continue to work with artists and agents to obtain digital content during this time of canceled live performances to share on Facebook, to our database of ticket buyers, and on the Kent Parks at Home website. E-sports enthusiasts are taking part in staff hosted Madden sports tournaments three nights per week. Staff continue to reach out to our participants through Zoom check-ins. • Staff are preparing for a return to programming through collaboration with other parks departments, researching standards and best practices outlined by public health professionals, participating in PARKS, RECREATION, AND COMMUNITY SERVICES 5.B Packet Pg. 6 Co m m u n i c a t i o n : C h i e f A d m i n i s t r a t i v e O f f i c e r ' s R e p o r t ( R e p o r t s f r o m C o u n c i l a n d S t a f f ) Page 5 of 10 statewide webinars and Zoom meetings with colleagues, and collecting participant feedback regarding interests and willingness to return to programs. • Youth Teen staff continue to partner with local churches, Union Gospel Mission and Kent Activity Senior Center to provide meals to families in need at various apartment complexes across Kent. Meals are currently delivered 3 times per week. • Cultural programs staff are moving ahead with the Summer Art Exhibit. We are implementing a fully social-distanced and 100% contract-free art drop-off day on Friday, May 29. The work of 19 artists will be on display from June 3 through August 19, as the City Hall campus is reopening to city employees and the public. To keep within the guidelines of Washington’s phased reopening plan, we will NOT hold an opening reception for the show this year. To make up for lower than usual Centennial Building foot traffic and the lost opportunity for artists and the public to engage with each other in person, Cultural staff is working with Multimedia to develop gallery videos featuring a virtual gallery tour and interviews with artists. • Staff are exploring the possibility of offering a slightly revised Summer Concert Series. According to Governor Inslee’s phased re-opening schedule, we should be able to begin the concerts the second week of July, as planned, if all goes well. Staff is working on procedures and potential changes to be able to offer the events safely. • Cultural programs staff are also implementing a Kent Summer Concert Series branded playlist on Spotify, featuring music from all the concert artists. If we are not able to hold the concerts this year, this playlist will offer a way for Summer Concert audiences to still access the music they love hearing in the summer, as well as a way for the artists to get their music out to new people. If the concerts do happen, the playlist will be a great “value add” – providing an additional promotional avenue and getting people excited about coming to see the concerts live. Staff plans to launch the playlist in early June. • Spotlight Series plans are proceeding for the 2020-2021 season. Staff is renegotiating contracts to eliminate or delay deposits and considering necessary potential social distancing measures. • We received an additional $20,000 in 4Culture funding for the 4Culture Creative Consultancies/Downtown Art. • 4Culture Creative Consultancies/Downtown Art Plan and staff are currently engaged in the contracting process with the consultant. Most of the work is on hold due to social distancing restrictions. • The Kent Creates “Kaleidoscope” exhibit is accepting submissions through June 30. Twenty-five very colorful submissions have been received so far and have provided great material to share. • Senior Center staff and volunteers packed and delivered a two-week supply of 1,000 meals for Meals on Wheels recipients. The Puget Sound Regional Fire Authority Foundation made a generous donation of personal items to be included with each delivery including items such as toilet paper, paper towels, soap, cleaning items, and hand sanitizer. Local service clubs have donated funding and supplies to meet future needs. • Senior Center staff are conducting outreach to seniors. Those in need of professional counseling or mental health support are being connected to our partners at Valley Cities Counseling. Human Services • The Human Services funding application process for 2021-2022 grant requests closed May 5. Kent received 107 applications, while an additional 3 remained in draft form beyond the deadline and will be considered incomplete/not reviewed. The grand total request for funds added up to $2,595,921 which is more than double the amount of available funding. • Through the collaborative online process across North/East/South King County more than 280 submitted applications and the collective requests totaled more than $26 million. Applicants were provided with an additional month beyond the normal deadline in response to challenges related 5.B Packet Pg. 7 Co m m u n i c a t i o n : C h i e f A d m i n i s t r a t i v e O f f i c e r ' s R e p o r t ( R e p o r t s f r o m C o u n c i l a n d S t a f f ) Page 6 of 10 to Covid-19. Technical assistance was provided in-person early in the process and remotely throughout. Staff will complete a thorough completeness check before beginning the in-depth application review alongside our Human Services Commission. Due to the application extension the Human Services Commission is expected to vote on final funding recommendations in mid-July. • Staff continues to work through the CDBG- CV process. There are many steps that must be taken to receive the funds, including amending the most recent Annual Action Plan, as well as our Citizen Participation Plan to account for process changes allowed due to Covid-19. Staff has been meeting on a regular basis with our HUD-representative and other entitlement jurisdictions in King County. While HUD has been slow to release guidance, staff is considering options for an abbreviated application process and considering categories of need where additional funds will be needed most. • HUD announced the second wave of CDBG- CV funding on May 11. The $1 billion second round was based on a new formula (public health needs, risk of transmission of coronavirus, number of coronavirus cases compared to the national average, economic and housing market disruptions, and other factors determined by HUD). States will allocate the funds to entitlement/non-entitlement communities. Washington State will receive $23 million and Human Services staff will be reaching out to the Department of Commerce to learn more about the process they will use to disburse those funds. • Human Services staff continue to meet regularly with local community groups, providers, public health and other governmental entities to identify gaps in services needed by our residents. While distribution of food continues to be a gap for some, great strides have been made through new partnerships, and a well- organized proactive community response. Staff is also anticipating a sharp increase in need for rent assistance once the moratorium on eviction is lifted. Significant crime activities/arrests/ investigations • On May 4, two city of Kent vehicles (assigned to the Engineering Department) parked in the Centennial Parking garage, were broken into and vandalized over the weekend. CB radios, computer stands, a smart level, and Romeo work boots were stolen. The vehicles were ransacked, and spray paint was used to damage the interior of one of the vehicles. • On May 5, an occupied Jeep with switched license plates was observed. A passenger quickly exited and hid in some bushes. The Jeep was pulled over and the driver stopped momentarily but then accelerated away. The Jeep made a U-turn and tried to ram a patrol car head-on. It fled south into Auburn, lost a tire and crashed into a ditch. The driver appeared to be high on heroin and was arrested for attempted assault 2, PSV, eluding, DUI and more. He had two outstanding felony warrants, one of which was for a controlled substance homicide. The Jeep was stolen with stolen license plates. • On May 6, officers located an occupied stolen vehicle at the Extended Stay hotel. Consent to search was signed and multiple items of stolen property, drugs, and almost 400 rounds of ammunition were recovered from the stolen vehicle. KPD is working with Extended Stay to get video to confirm the drivers ID. This ongoing investigation has now been connected to 13 victims of stolen property and multiple Kent theft and burglary cases. • On May 8, a suspect entered the Safeway store at 13101 Kent-Kangley Road. He stole some items and exited out the front doors. Loss Prevention attempted to stop the suspect. The suspect placed his hand in his pocket and told them he had a gun. Loss Prevention backed off and called 911. The suspect walked away towards the back of the Safeway. Officers arrived, found the suspect and placed him under arrest. Once the suspect was placed in the patrol vehicle, the suspect spit at one of POLICE 5.B Packet Pg. 8 Co m m u n i c a t i o n : C h i e f A d m i n i s t r a t i v e O f f i c e r ' s R e p o r t ( R e p o r t s f r o m C o u n c i l a n d S t a f f ) Page 7 of 10 our officers, hitting him in the glasses and face. • On May 10, officers arrested a suspect on a $100,000 Robbery (carjacking) warrant out of Union Gap. • On May 12, officers were dispatched to the 24000 block of 35th Ave S regarding armed subjects assaulting the occupants of a residence. While Officers were responding, Dispatch updated the information, reports of shots being fired and the suspects fleeing the scene. Officers arrived on location to find one adult male had been shot and was deceased. There were two other adults, still on location that had injuries from being physically assaulted. Both victims were treated by Puget Sound Fire and one was transported to Harborview for further evaluation. Preliminary information suggests that the suspect is known to the victims and it is believed that this incident is specific to those involved. Detectives have responded to the scene, they are interviewing witnesses and examining evidence to determine the sequence of events that resulted with this shooting. Events and awards • Officer Matthew Fisher was commended for locating and arresting a homicide suspect on April 22. Land Survey • Processing topography field data for 228th water replacement, West Hill reservoir & Mill Creek re-establishment projects. • Right-of-way boundaries for S. 212th St., Mill Creek re-establishment, ADA easements & West Hill transmission main. • Construction staking for Upper Mill Creek dam, Meet Me on Meeker/Riverbend driving range improvements and the 228th grade separation. GIS • GIS Maps for: Environmental drainage basins, multiple environmental FEMA DFIRM updates and Parks grant funding. • GIS Support for: Planning/ECD current & future projects web map, CityWorks Asset Management, Azure Cloud System & Storm Asset Dataset Responsibilities for bridges de-annexation. Construction • LID 363: S 224th St improvements – 88th Ave S / S 218th St improvements – S 222nd St to 94th Pl S (Ph 2): field activities have resumed. The block wall on 88th Ave and the 224th St bridge abutment were recently tagged with graffiti. Both locations have been cleaned up and repainted. Construction of the pond access road is taking place this week. Scheduling of the pond liner installation is pending. • 228th St. Union Pacific Railroad grade separation bridge and roadway (Ph 5 of 5): Contractor onsite with reduced work force as they work through new Covid-19 protocols. Wet vault #1 elevation modifications are complete. Rail Pros safety flagger returned Monday, May 11. Girder set on hold for another month pending girder erection plan approval from UPRR. Scarsella has indicated in discussions that material supplies are likely to be impacted because of Covid-19 response. Initial restart demand is high, so rebar supplies appear to be pushed a month or more at this time. Scarsella working to place all remaining orders as soon as possible to get in line. The full closure of S 228th St from 72nd Ave S to 76th Ave S (4th Ave N) with detour will be in place for the duration of the project. The Interurban trail is temporarily open for use. A temporary closure will be scheduled and implemented when contract work resumes following the suspension of work on the site due to Covid-19 safety concerns. There is no access to either direction of S 228th St. from the trail outside of the fenced pathway as this is an active construction site. • Upper Mill Creek dam improvements and diversion structure replacement: Prepping the existing dam face for the new dam face that will provide the additional dam height and storage capacity is ongoing. • Green River Natural Resource Area (GRNRA) south stormwater pump station: Both generator shelter and garage have completed CMU wall placement and steel PUBLIC WORKS 5.B Packet Pg. 9 Co m m u n i c a t i o n : C h i e f A d m i n i s t r a t i v e O f f i c e r ' s R e p o r t ( R e p o r t s f r o m C o u n c i l a n d S t a f f ) Page 8 of 10 header beams. Roof truss placement this week. • Meet Me on Meeker sidewalk / Riverbend driving range improvements: Grading for concrete flatwork along Meeker Street ongoing. Electricians installing conduit and electrical appurtenances. Storm pipe installation in the driving range’s new parking lot is beginning this week. • Holiday of Kent (25035-104th Ave SE) – Right-of-way work is proceeding this week with the installation of sewer across 104th Ave. Water main connections will take place the following Monday. This work will take place during daytime hours and message boards are in place. • GRE West Meeker – 64th & Meeker (6500 W Meeker) – The contractor is finishing preparation of a traffic bypass on Meeker St. to construct a new concrete elevated crosswalk across Meeker St. Though not confirmed, it is expected this bypass will be implemented and crosswalk construction will proceed within the following week or two. • Puget Sound Energy Utility Upgrades – As part of PSE’s utility upgrade project, Lakeside Industries will be performing grind and overlay work on S 196th St and S 194th St between the Green River and 64th Ave S between the hours of 7:00 am and 6:00 pm. This work will also be taking place on 66th Ave S from S 196th St to 190th St during the same work hours. Multiple lane closures with traffic control will be in place for the duration of this work. Design • 4th Ave and Willis Roundabout: Active Construction Inc. is the apparent low bidder at $4,759,759. Engineers estimate was $5,143,204. Council approved award on May 5. WSDOT construction and maintenance agreement obtained. • 76th Street Road Raising: Northwest Cascade Inc. is the apparent low bidder at $4,472,667.25. Engineers estimate was $4,948,547. Council authorized award May 5. • 2020 Overlays: Tucci & Sons Inc. is the apparent low bidder at $1,882,037.50. Engineers estimate was $2,438,550. Council approved award on May 5. • Meet Me on Meeker -Russell to GRE development: Working with ECD on project elements and cross section. Backchecking cross-section with grant submittal. • Signature Pointe Projects: o Levee –meeting with Signature Pointe Apartments property manager to discuss right of entry for survey and private utility locates. o 251st Road Relocation – channelization plan drafted. Utility relocation – topo received underneath SR516 bridge to allow for evaluation of roadway and placement of utilities. • West Hill Reservoir: 30% plans distributed for two-week review. Comments due May 15. • West Hill Transmission Main: Working to determine placement of main on Veteran’s Drive, including cost comparison. Coordinating with ECD on developer plans. • 2019/20 Water Main Replacement – Reith Road: Met with Parks and Rec to discuss coordination with this project and Fenwick Park improvements both estimated to be in construction this summer. Design of 16” watermain being finalized with 90% comments due on May 12. Environmental • Construction Walk throughs: Staff are continuing inspections and new construction walk throughs. They are responding to some obvious storm system issues, including a stone cutting company who put their process water overflow discharge directly into the storm drain, which flows into the Green River. Staff spoke with the company and the property owner and got the hoses removed. Staff are working with this company on best management practices, as well as getting the system cleaned. • Water System Plan: The Hydraulic Model Viewing Application was finalized last week, and is now and available for internal use. • Downey Farmstead Restoration, Phase 3: We are currently reviewing our final plans and specifications for another phase of construction on the Downey Farmstead 5.B Packet Pg. 10 Co m m u n i c a t i o n : C h i e f A d m i n i s t r a t i v e O f f i c e r ' s R e p o r t ( R e p o r t s f r o m C o u n c i l a n d S t a f f ) Page 9 of 10 Restoration project, with construction in late summer 2020. Construction this year will include excavation of approximately 25,000 cubic yards of material, installation of habitat structures, and about 10,000 native plants. Construction on this phase of the Downey Farmstead has been funded by $1.4 million from the KC Flood Control District. • FEMA Flood Map Adoption and Flood Hazard Regulation Code Revision: FEMA’s required deadline for local agencies to adopt and make effective FEMA’s updated flood map is August 19, 2020, and city adoption requires revisions to the city’s flood hazard regulation Code. Coordination with staff in Legal and ECD have been ongoing to update the city’s code. Adoption of the maps enables property owners and residents in the city to continue to purchase FEMA flood insurance to reduce their risks to impacts from flooding. • Solid Waste Recycle Event on June 6: The venue has been changed to the Kent United Methodist Church parking lot. This will be a modified event where we will only collect batteries, Styrofoam, document shredding, mattresses, electronics, porcelain (toilets & sinks), cardboard, and propane tanks. Large items that require 2 or more people to handle will not be accepted so social distancing can be observed. Transportation • The signal crew replaced aging decorative streetlights on 1st Ave S between Titus St and Gowe St with modern decorative streetlights. The old streetlights were constructed with opaque fiberglass housings that have faded over time and did not age well. The new streetlight fixtures have a similar styling and have much better lighting performance. • Staff successfully submitted six transportation grant applications for the Puget Sound Regional Council King County Grants Programs. Two each for nonmotorized (Meeker/64th intersection and Meeker/Riverwood Apartments Frontage), preservation (S 212th St – Green River to Orillia and East Valley – 196th to 212th), and larger agency (76th Ave Road Raising – north segment and 224th Phase 2 – 94th Pl S to S 216th St). • PW Operations: operations are working with full staff while implementing social distancing measures for staff. Administration, non-reps and management are primarily telecommuting and available via email, Teams or city cellphones. Crews’ project work is on hold and staff will be focusing on normal maintenance and resident requests, working singularly or in small teams Streets • Street maintenance crews will be performing shoulder sweeping on Military Rd from city limit to city limit, Reith Rd, The Panther Lake area on SE 192nd St, SE 200th St, 124th Ave SE, SE Lake Youngs Way, 132nd Ave SE, 116th Ave SE and S 200th St, sidewalk sweeping on 256th Ave SE and S 196th St, bridge cleaning on the Russell Rd Bridge, Lake Meridian Bridge, Don Wickstrom Bridge and S 228th St Bridge, clean traffic islands on 62nd Ave S, S 196th St and S 216th St, clean retaining walls on Canyon Dr E, hot patch dig-out on 84th Ave S, hot patch shoulders on Military Rd, blade shoulders on S 222nd St and alleyway behind 410 Prospect Ave N. The sidewalk crew will grind and repair on SR 181 and 68th Ave S. The concrete crew will remove the concrete panel and asphalt on 68th Ave S. • Signs and markings crew are doing sign maintenance by request only, turning” Watch for Ice” signs city wide, inspect traffic control on S 192th St, remove “Deaf Child” signs for work order #20-007, install bases and signs for retro reflectivity program on S 260th St/S 259th Pl. Solid waste crew are responding to service requests only. • Water vegetation crews will be line trimming and mowing at Pump station #5, East Hill well, Blue Boy, 3.5 tank, Kent Springs, Clark Springs, 212th treatment plant, 208th well, O’Brien well and Guiberson reservoir. Street vegetation crews will be spraying on 132nd Ave SE, Military Rd and W Valley Hwy and watering planted beds and street trees in the 5.B Packet Pg. 11 Co m m u n i c a t i o n : C h i e f A d m i n i s t r a t i v e O f f i c e r ' s R e p o r t ( R e p o r t s f r o m C o u n c i l a n d S t a f f ) Page 10 of 10 downtown core, mow, water planted beds and irrigation repair on S 212th St. The Sidearm crew will be mowing on S 262nd St, Frontage Rd, 144th Ave SE, 152nd Ave SE, SE 256th St, SR 515 and 108th Ave SE. The Wetland mitigation crew will be transplanting and weeding pots at the GRNRA Nursery, line trim and repair irrigation on Frager Rd, spreading mulch and line trimming at the Leber Property. The Wetland maintenance crew will be mowing and line trimming at Meridian Glen, Parkview, Kingsley Glen, Brookside Court, Meridian Valley Creek, Tahoma Vista, Heather Glen and Rainier View Estates. The Holding pond crew will be mowing and line trimming at Country Club North, Bishops Landing, Taylor Glen, Pacific Park, Meridian Pacific, Meridian Ridge, Hawkesbury, Dravon, Southridge, Eagle Creek Tract B, LOE Estates Division 1 and 4, Shamrock Park, James Place, The Village at Soos Creek and Woodford Place Water • Staff have completed the installation of new control systems for the wells at the Kent Springs water source and are working on start-up and testing of equipment. The 212th Street Water treatment plant will be running so staff can collect the final round of sampling for the unregulated contaminate monitoring rule fourth cycle (UCMR4). Maintenance activities continue with fire hydrant exercising and water main valve turning. The West Hill reservoir project continues to move forward with the 30% design plan reviews out for review. Storm • Storm crews will perform storm line cleaning at SE 256th St, 132nd Ave SE, SE 240th and SE 256th St, traffic control on S 224th St, dig out pond on 95th Pl S and S 222nd St, culvert repair at 4126 S 243rd St, potholing for utilities on SE 248th St and digging ditches on SE 248th St. The crew will also be performing National Pollutant Discharge Elimination System (NPDES) assessing at SE 234th St, S 232nd St, SE 219th Pl and SE 228th, pumping at SE 228th St and E Temperance St and repairs at 144th Ave SE. Sewer • Sewer crews will perform manhole change outs, reblots, inspections and easement maintenance on the East Hill, sewer station wet wells clean out, storm TV inspection on 84th Ave S. Fleet/Warehouse • The Warehouse crew continues to maintain the shops yard keeping it clean and picked up and maintaining the wash rack, assisting with CDL training, receiving parts and inventory orders and posting to stock or work orders. • Fleet crews will be working on two new vehicle set ups, putting new vehicles into service, remove one police vehicle from service, two mower repairs and scheduled and nonscheduled repairs. The Radio Shop is programing radios, preparing vehicles for auction, removing vehicles from service and working on new vehicle set up. # # # 5.B Packet Pg. 12 Co m m u n i c a t i o n : C h i e f A d m i n i s t r a t i v e O f f i c e r ' s R e p o r t ( R e p o r t s f r o m C o u n c i l a n d S t a f f ) DATE: May 19, 2020 TO: Kent City Council SUBJECT: Public Hearing on the Ordinance Adopting the Targeted Residential Area Investment Program - Adopt MOTION: Adopt Ordinance No. 4360, designating Downtown Kent and Midway as Targeted Residential Areas for purposes of ad valorem property tax exemptions pursuant to RCW 84.14. SUMMARY: The Washington State Legislature passed Second Substitute Senate Bill 5387 in 1995, “Taxation of New and Rehabilitated Multi-Unit Dwellings in Urban Centers.” The legislature found that attracting and maintaining permanent residents to urban centers, a key planning concept related to growth management, would help alleviate the detrimental conditions and social liability that can exist in the absence of a viable residential population. To stimulate new residential opportunities within urban centers, a tax incentive was implemented that exempted the value of new housing construction or rehabilitation from ad valorem property taxation for ten years. This chapter, 84.14 RCW, was subsequently amended to include two levels of tax exemption-an eight-year exemption and a twelve-year exemption, with the latter stipulating affordability requirements. The exemption only applies to the value of the improvements or buildings; property tax based on the value of the land is still collected under the program. Attracting residential growth to downtown and activity centers is a core tenet of the City of Kent’s Comprehensive Plan and Economic Development Plan. The City’s adopted Midway Subarea Plan (2011), and updated Downtown Subarea Action Plan (2013) both call for residential growth to capitalize on high-capacity transit and other infrastructure. Use of the exemption laid out in Chapter 84.14 RCW has become common practice for development in the Puget Sound region; the vast majority of neighboring cities have adopted such programs. The City of Kent has previously utilized the program as well, until it expired on June 30, 2019. This version of the program designates greater Downtown Kent and most of the Midway subarea as Residential Targeted Areas (RTAs) for the purposes of the program, in keeping with adopted land use policy regarding density and growth near transit. The proposal also includes requirements for affordability levels that align with this adopted land use policy, as 6.A Packet Pg. 13 well as a requirement for structured or underground parking to ensure development utilizes urban land efficiently. With development costs high, subsidies and incentives are seen as standards in the region. As the Puget Sound population continues to grow, Kent is competing with other jurisdictions where rents are higher, but construction costs the same. The proposal builds off the state program with a city-led vision for dense urban growth near high-capacity transit, and is key to the City’s economic future. BUDGET IMPACT: None. SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. ATTACHMENTS: 1. Targeted Residential Investment Program MFTE KCC 3.25 Repeal Replace (PDF) 6.A Packet Pg. 14 1 Repeal and Replace KCC 3.25 - Targeted Residential Investment Program ORDINANCE NO. 4360 AN ORDINANCE of the City Council of the City of Kent, Washington, repealing Chapter 3.25 of the Kent City Code, entitled “Multifamily Dwelling Tax Exemptions,” and replacing it with a new Chapter 3.25, entitled “Targeted Residential Investment Program,” and designating greater Downtown Kent and Midway as residential targeted areas. RECITALS A. The Washington State Legislature passed Second Substitute Senate Bill 5387 in 1995, “Taxation of New and Rehabilitated Multi-Unit Dwellings in Urban Centers.” The legislature found that attracting and maintaining permanent residents to urban centers, a key planning concept related to growth management, would help alleviate the detrimental conditions and social liability that can exist in the absence of a viable residential population. To stimulate new residential opportunities within urban centers, a tax incentive was implemented that exempted the value of new housing construction or rehabilitation from ad valorem property taxation for ten years. This chapter, 84.14 RCW, was subsequently amended to include two levels of tax exemption—an eight-year exemption and a twelve-year exemption, with the latter stipulating affordability requirements. B. Attracting residential growth to downtown and activity centers is a core tenet of the City of Kent’s Comprehensive Plan and Economic Development Plan. The City’s adopted Midway Subarea Plan (2011), and 6.A.a Packet Pg. 15 At t a c h m e n t : T a r g e t e d R e s i d e n t i a l I n v e s t m e n t P r o g r a m M F T E K C C 3 . 2 5 R e p e a l R e p l a c e ( 2 2 9 8 : P u b l i c H e a r i n g o n t h e O r d i n a n c e A d o p t i n g t h e 2 Repeal and Replace KCC 3.25 - Targeted Residential Investment Program updated Downtown Subarea Action Plan (2013) both call for residential growth to capitalize on high-capacity transit and other infrastructure. Transit-oriented development and growth in urban centers are also key frameworks in King County’s Countywide Planning Policies and Puget Sound Regional Council’s draft Vision 2050. C. Use of the exemption laid out in Chapter 84.14 RCW has become common practice for development in the Puget Sound; the vast majority of neighboring cities have adopted programs utilizing the exemption. The City of Kent has previously utilized the program as well; it expired on June 30, 2019. D. The State Environmental Policy Act (SEPA) responsible official has determined that the proposed code amendments are procedural in nature, and further SEPA analysis is not required. E. By resolution on April 21, 2020, the City Council expressed its intent to designate the greater Downtown Kent and Midway Residential Targeted Areas. On May 19, 2020, the City Council held a public hearing to consider its designation of these areas as Residential Targeted Areas. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. – Repeal. Chapter 3.25 of the Kent City Code entitled “Multifamily Dwelling Tax Exemptions,” is repealed in its entirety. SECTION 2. – New Chapter. A new Chapter 3.25 of the Kent City Code is enacted as follows. 6.A.a Packet Pg. 16 At t a c h m e n t : T a r g e t e d R e s i d e n t i a l I n v e s t m e n t P r o g r a m M F T E K C C 3 . 2 5 R e p e a l R e p l a c e ( 2 2 9 8 : P u b l i c H e a r i n g o n t h e O r d i n a n c e A d o p t i n g t h e 3 Repeal and Replace KCC 3.25 - Targeted Residential Investment Program CHAPTER 3.25 TARGETED RESIDENTIAL INVESTMENT PROGRAM Sec. 3.25.010. Purpose. As provided for in Chapter 84.14 RCW, the purpose of this chapter is to provide limited exemptions from ad valorem property taxation for multifamily housing in designated urban centers to: 1. Encourage increased residential opportunities within urban centers designated by the City Council as residential targeted areas; and 2. Stimulate new construction on vacant and underutilized sites and the rehabilitation of existing vacant and underutilized buildings for multifamily housing in residential targeted areas to increase and improve housing opportunities; and 3. Assist in directing future population growth in designated urban centers, thereby reducing development pressure on single-family residential neighborhoods; and 4. Achieve development densities which are more conducive to transit use in designated urban centers. Sec. 3.25.020. Definitions. When used in this chapter, the following terms shall have the following meanings, unless the context indicates otherwise: 1. Administrator means the Kent economic development director or his/her designee. 2. Multifamily housing means one or more new multi-story buildings designed for permanent residential occupancy, each with four or more dwelling units. 6.A.a Packet Pg. 17 At t a c h m e n t : T a r g e t e d R e s i d e n t i a l I n v e s t m e n t P r o g r a m M F T E K C C 3 . 2 5 R e p e a l R e p l a c e ( 2 2 9 8 : P u b l i c H e a r i n g o n t h e O r d i n a n c e A d o p t i n g t h e 4 Repeal and Replace KCC 3.25 - Targeted Residential Investment Program 3. Owner means the property owner of record. 4. Permanent residential occupancy means multifamily housing that provides either rental or owner occupancy on a nontransient basis. This includes owner-occupied or rental accommodation that is leased for a period of at least one month. This excludes hotels and motels that predominately offer rental accommodation on a daily or weekly basis. 5. Residential targeted areas include (a) the geographic area of greater Downtown Kent bordered generally by Titus Street, the Green River, Willis Street, South 240th/James Street, and Cloudy Street, and only including zones that permit multifamily housing, and (b) the Midway subarea as laid out in the Midway Subarea Plan, which geographic area is bordered generally by Interstate 5 on the east, and the city limits on the west and south. See Exhibits A and B to the ordinance establishing this chapter for maps of the greater Downtown Kent Residential Targeted Area and Midway Residential Targeted Area, respectively. Sec. 3.25.030. General terms of the tax exemptions A. Duration of exemption. The value of improvements qualifying under this chapter is exempt from ad valorem property taxation beginning January 1st of the year immediately following the calendar year after issuance of the final certificate of tax exemption. B. Limits on exemption. The exemption does not apply to the value of land or to the value of improvements not qualifying under this chapter, nor does the exemption apply to increases in assessed valuation of land and nonqualifying improvements. This chapter does not apply to increases in assessed valuation made by the assessor on nonqualifying portions of buildings and value of land nor to increases made by lawful order of a 6.A.a Packet Pg. 18 At t a c h m e n t : T a r g e t e d R e s i d e n t i a l I n v e s t m e n t P r o g r a m M F T E K C C 3 . 2 5 R e p e a l R e p l a c e ( 2 2 9 8 : P u b l i c H e a r i n g o n t h e O r d i n a n c e A d o p t i n g t h e 5 Repeal and Replace KCC 3.25 - Targeted Residential Investment Program county board of equalization, the Department of Revenue, or a county, to a class of property throughout the county or specific area of the county to achieve the uniformity of assessment or appraisal required by law. At the conclusion of the exemption period, the new housing cost shall be considered as new construction for the purposes of Chapter 84.55 RCW. Sec. 3.25.040. General project eligibility. A proposed project must meet the specific project eligibility requirements of the Residential Targeted Area provided in this chapter and the following general requirements in order to be considered for a property tax exemption: A. Location. The project must be located within a designated residential targeted area as defined in KCC 3.25.020. If any portion of a legally created lot is within the residential targeted area, then the entire lot shall be deemed to lie within the residential targeted area. B. Tenant displacement. Prior to approval of an application under KCC 3.25.060, the applicant shall provide the administrator with documentation satisfactory to the administrator that RCW 84.14.030 has been complied with, including, but not limited to, the following: 1. All tenants of residential rental structures on the project site have been notified per state statute of the termination of their tenancy; 2. The applicant’s efforts to refer tenants to similar, alternative housing resources; and 3. Any other actions the applicant has taken to minimize the hardship on tenants whose tenancies will be terminated by the proposed project. 6.A.a Packet Pg. 19 At t a c h m e n t : T a r g e t e d R e s i d e n t i a l I n v e s t m e n t P r o g r a m M F T E K C C 3 . 2 5 R e p e a l R e p l a c e ( 2 2 9 8 : P u b l i c H e a r i n g o n t h e O r d i n a n c e A d o p t i n g t h e 6 Repeal and Replace KCC 3.25 - Targeted Residential Investment Program C. Size. The project must include at least 4 units of multifamily housing. At least 50 percent of the space within the proposed project shall be intended for permanent residential occupancy. D. Proposed completion date. New construction or rehabilitation of multifamily housing must be completed within three years from the date of approval of the application. E. Compliance with guidelines and standards. The project must be designed to comply with the City’s comprehensive plan, building, fire, housing, and zoning codes, downtown design review guidelines, multifamily design review, mixed use design review as applicable, and any other applicable regulations. The project must comply with any other standards and guidelines adopted by the City Council for the residential targeted area. F. Parking. Parking shall be located in structured parking garages, under buildings, or underground. G. On-site management. Projects creating one hundred (100) or more rental units under this section must include 24-hour, 7-day-per-week on- site management by a company with at least five years of experience in rental management. H. Use of existing financial incentive programs. The project shall not be eligible for exemption under this chapter if its construction is being aided in whole, or in part, by any local, state or federal financial incentives, tax credits, or other grant funding programs. Sec. 3.25.050. Midway Residential Targeted Area Guidelines. In the Midway Residential Targeted Area, only new construction projects shall be eligible for tax exemptions under this chapter as follows: 6.A.a Packet Pg. 20 At t a c h m e n t : T a r g e t e d R e s i d e n t i a l I n v e s t m e n t P r o g r a m M F T E K C C 3 . 2 5 R e p e a l R e p l a c e ( 2 2 9 8 : P u b l i c H e a r i n g o n t h e O r d i n a n c e A d o p t i n g t h e 7 Repeal and Replace KCC 3.25 - Targeted Residential Investment Program A. 8-Year Exemption. The value of new housing construction improvements qualifying under this chapter is exempt from ad valorem property taxation for eight successive years beginning January 1st of the year immediately following the calendar year of issuance of the certificate. B. 12-Year Exemption. The value of new housing construction improvements qualifying under this chapter is exempt from ad valorem property taxation for twelve successive years beginning January 1st of the year immediately following the calendar year of issuance of the certificate, if twenty percent of the residential units will be rented or sold as affordable housing units to low-income households. For purposes of this subsection, low-income household means a single person, family, or unrelated persons living together whose adjusted income is at or below thirty percent of the median family income adjusted for family size for King County, as reported by the United States department of housing and urban development. For the purposes of housing intended for owner occupancy, affordable housing means residential housing that is within the means of low-income households. Sec. 3.25.060. Downtown Residential Targeted Area Guidelines. In the Downtown Residential Targeted Area, new construction, conversion, and rehabilitation projects shall be eligible for tax exemptions under this chapter as follows: A. 8-Year Exemption. The value of new housing construction, conversion, and rehabilitation improvements qualifying under this chapter is exempt from ad valorem property taxation for eight successive years beginning January 1st of the year immediately following the calendar year of issuance of the certificate. 6.A.a Packet Pg. 21 At t a c h m e n t : T a r g e t e d R e s i d e n t i a l I n v e s t m e n t P r o g r a m M F T E K C C 3 . 2 5 R e p e a l R e p l a c e ( 2 2 9 8 : P u b l i c H e a r i n g o n t h e O r d i n a n c e A d o p t i n g t h e 8 Repeal and Replace KCC 3.25 - Targeted Residential Investment Program B. 12-Year Exemption. The value of new housing construction, conversion, and rehabilitation improvements qualifying under this chapter is exempt from ad valorem property taxation for twelve successive years beginning January 1st of the year immediately following the calendar year of issuance of the certificate, if all of the residential units will be sold as affordable housing units for owner occupancy to moderate-income households. For purposes of this subsection, moderate-income household means a single person, family, or unrelated persons living together whose adjusted income is between 100 and 120 percent of the median family income adjusted for family size for King County, as reported by the United States department of housing and urban development. For the purposes of housing intended for owner occupancy, affordable housing means residential housing that is within the means of moderate-income households. Sec. 3.25.070. Application procedure. A property owner who wishes to propose a project for a tax exemption shall complete the following procedures: A. The application provided by the City shall be filed with the administrator along with the required initial application fee of $1,000. The application shall be filed prior to the issuance of the building permit for the project. B. A complete application shall include: 1. A completed City of Kent application form setting forth the grounds for the exemption. 2. A brief written description of the project, and floor and site plans of the proposed project, which may be revised by the owner, 6.A.a Packet Pg. 22 At t a c h m e n t : T a r g e t e d R e s i d e n t i a l I n v e s t m e n t P r o g r a m M F T E K C C 3 . 2 5 R e p e a l R e p l a c e ( 2 2 9 8 : P u b l i c H e a r i n g o n t h e O r d i n a n c e A d o p t i n g t h e 9 Repeal and Replace KCC 3.25 - Targeted Residential Investment Program provided such revisions are made and presented to the administrator prior to the City’s final action on the exemption application. 3. A statement from the owner acknowledging the potential tax liability when the project ceases to be eligible for exemption under this chapter. 4. An affidavit signed by the owner stating the occupancy record of the property for a period of 12 months prior to filing the application. 5. Verification of the correctness of the information submitted by the owner’s signature and affirmation made under penalty of perjury under the laws of the state of Washington. Sec. 3.25.080. Application review and issuance of conditional certificate. The administrator may certify as eligible an application which is determined to comply with the requirements of this chapter. A decision to approve or deny an application shall be made within 90 calendar days of receipt of a complete application. A. Approval. The administrator may approve the application if he/she finds that: 1. The proposed project is or will be, at the time of completion, in conformance with all applicable local plans, regulations, and design guidelines. 2. The owner has complied with all standards and guidelines adopted by the City under this chapter, including but not limited to the project eligibility and application requirements. 6.A.a Packet Pg. 23 At t a c h m e n t : T a r g e t e d R e s i d e n t i a l I n v e s t m e n t P r o g r a m M F T E K C C 3 . 2 5 R e p e a l R e p l a c e ( 2 2 9 8 : P u b l i c H e a r i n g o n t h e O r d i n a n c e A d o p t i n g t h e 10 Repeal and Replace KCC 3.25 - Targeted Residential Investment Program B. Contract required. If an application is approved, the applicant shall enter into a contract with the City, approved by the City Council, regarding the terms and conditions of the project under this chapter. C. Issuance of conditional certificate. Following approval of the contract, the administrator shall issue a conditional certificate of acceptance of tax exemption. The conditional certificate shall expire three years from the date of approval unless an extension is granted as provided in this chapter. D. Application denial. If an application is denied, the administrator shall state in writing the reasons for denial and shall send notice to the applicant at the applicant’s last known address within 10 calendar days of the denial. Per RCW 84.14.070, an applicant may appeal a denial to the City Council within 30 calendar days of receipt of the denial by filing a complete appeal application and council appeal fee with the City Clerk. The appeal before the City Council will be based on the record made before the administrator. The administrator’s decision will be upheld unless the applicant can show that there is no substantial evidence on the record to support the administrator’s decision. The City Council’s decision on appeal will be final. E. Amendment of contract. An owner may request an amendment(s) to the contract by submitting a request in writing to the administrator, together with a fee of $500.00, at any time within three years of the date of the approval of the contract. The date for expiration of the conditional certificate shall not be extended by contract amendment unless all the conditions for extension set forth in KCC 3.25.070 are met. Sec. 3.25.090. Extension of conditional certificate. 6.A.a Packet Pg. 24 At t a c h m e n t : T a r g e t e d R e s i d e n t i a l I n v e s t m e n t P r o g r a m M F T E K C C 3 . 2 5 R e p e a l R e p l a c e ( 2 2 9 8 : P u b l i c H e a r i n g o n t h e O r d i n a n c e A d o p t i n g t h e 11 Repeal and Replace KCC 3.25 - Targeted Residential Investment Program A. The conditional certificate and time for completion of the project may be extended by the administrator for a period not to exceed a total of 24 consecutive months. To obtain an extension, the applicant must submit a written request, along with a processing fee of $50, stating the grounds for the extension. An extension may be granted if the administrator determines that: 1. The anticipated failure to complete construction or rehabilitation within the required time period is due to circumstances beyond the control of the owner; 2. The owner has been acting and could reasonably be expected to continue to act in good faith and with due diligence; and 3. All the conditions of the original contract between the applicant and the City will be satisfied upon completion of the project. B. If an extension is denied, the administrator shall state in writing the reason for denial and shall send notice to the applicant’s last known address within 10 calendar days of the denial. An applicant may appeal the denial of an extension to the hearing examiner within 14 calendar days of receipt of the denial by filing a complete appeal application and appeal of administrative decision fee with the administrator. The appeal before the hearing examiner shall be as provided in Chapter 12.01 KCC for a Process I action. No appeal to the City Council is provided from the hearing examiner’s decision. Sec. 3.25.100. Application for final certificate. Upon completion of the improvements agreed upon in the contract between the applicant and the City and upon issuance of a temporary or permanent certificate of occupancy, the applicant may request a final certificate of tax 6.A.a Packet Pg. 25 At t a c h m e n t : T a r g e t e d R e s i d e n t i a l I n v e s t m e n t P r o g r a m M F T E K C C 3 . 2 5 R e p e a l R e p l a c e ( 2 2 9 8 : P u b l i c H e a r i n g o n t h e O r d i n a n c e A d o p t i n g t h e 12 Repeal and Replace KCC 3.25 - Targeted Residential Investment Program exemption by filing with the administrator the following, in accordance with RCW 84.14.090, along with a $1,000 fee: A. A statement of expenditures made with respect to each multifamily housing unit and the total expenditures made with respect to the entire property; B. A description of the completed work and a statement of qualification for the exemption; C. The total monthly rent or total sale amount of each multifamily housing unit rented or sold to date; D. Any additional information requested by the City pursuant to meeting any reporting requirements under Chapter 84.14 RCW; and E. A statement that the work was completed within the required three- year period or any authorized extension. Sec. 3.25.110. Issuance of final certificate. Within 30 calendar days of receipt of all materials required for a final certificate, the administrator shall determine whether the specific improvements satisfy the requirements of the contract, application, and this chapter. A. Granting of final certificate. If the administrator determines that the project has been completed in accordance with this chapter and the contract between the applicant and the City, and has been completed within the authorized time period, the City shall, within 10 calendar days of the expiration of the 30-day review period above, file a final certificate of tax exemption with the King County assessor. 6.A.a Packet Pg. 26 At t a c h m e n t : T a r g e t e d R e s i d e n t i a l I n v e s t m e n t P r o g r a m M F T E K C C 3 . 2 5 R e p e a l R e p l a c e ( 2 2 9 8 : P u b l i c H e a r i n g o n t h e O r d i n a n c e A d o p t i n g t h e 13 Repeal and Replace KCC 3.25 - Targeted Residential Investment Program B. Recording. The administrator is authorized to cause to be recorded, at the owner’s expense, in the real property records of the King County department of records and elections, the contract with the City, as amended if applicable, and such other document(s) as will identify such terms and conditions of eligibility for exemption under this chapter as the administrator deems appropriate for recording. C. Denial and appeal. The administrator shall notify the applicant in writing that a final certificate will not be filed if the administrator determines that: 1. The improvements were not completed within the authorized time period; 2. The improvements were not completed in accordance with the contract between the applicant and the City; or 3. The owner’s property is otherwise not qualified under this chapter. An applicant may appeal a denial to the hearing examiner within 14 calendar days of issuance of the denial of a final certificate by filing a complete appeal application and appeal of administrative decision fee with the administrator. The appeal before the hearing examiner shall be as provided in Chapter 12.01 KCC for a Process I action. No appeal to the City Council is provided from the hearing examiner’s decision. The applicant may appeal the hearing examiner’s decision to the King County superior court, under RCW 34.05.510 through 34.05.598, if the appeal is filed within 30 calendar days of receiving notice of that decision. 6.A.a Packet Pg. 27 At t a c h m e n t : T a r g e t e d R e s i d e n t i a l I n v e s t m e n t P r o g r a m M F T E K C C 3 . 2 5 R e p e a l R e p l a c e ( 2 2 9 8 : P u b l i c H e a r i n g o n t h e O r d i n a n c e A d o p t i n g t h e 14 Repeal and Replace KCC 3.25 - Targeted Residential Investment Program Sec. 3.25.120. Annual certification and report. Within 30 calendar days after the first anniversary of the date the City issued the final certificate of tax exemption and each year thereafter for the duration of the tax exemption period, the property owner shall file a notarized declaration and annual report with the administrator indicating the following: A. A statement of occupancy and vacancy of the multifamily units during the previous 12 months; B. A certification that the property has not changed use and continues to be in compliance with the contract with the City and this chapter; C. A description of any subsequent improvements or changes to the property made after the City issued the final certificate of tax exemption; D. The total monthly rent of each multifamily housing unit rented or the total sale amount of each multifamily housing unit sold to an initial purchaser during the 12 months ending with the anniversary date; E. A breakdown of the number, type, and specific multifamily housing units rented or sold during the 12 months ending with the anniversary date; and F. Any additional information requested by the City pursuant to meeting any reporting requirements under Chapter 84.14 RCW. City staff may also conduct onsite verification of the declaration and reporting. Failure to submit the annual declaration and report shall result in a review of the exemption per RCW 84.14.110. Sec. 3.25.130. Cancellation of tax exemption. 6.A.a Packet Pg. 28 At t a c h m e n t : T a r g e t e d R e s i d e n t i a l I n v e s t m e n t P r o g r a m M F T E K C C 3 . 2 5 R e p e a l R e p l a c e ( 2 2 9 8 : P u b l i c H e a r i n g o n t h e O r d i n a n c e A d o p t i n g t h e 15 Repeal and Replace KCC 3.25 - Targeted Residential Investment Program A. If the administrator determines (1) the owner is not complying with the terms of the contract or this chapter; (2) the use of the property is changed or will be changed to a use that is other than residential; (3) the project violates applicable zoning requirements, land use regulations, building or fire code requirements; or (4) the property for any reason no longer qualifies for the tax exemption, the tax exemption shall be canceled and additional taxes, interest, and penalties imposed pursuant to state law. This cancellation may occur in conjunction with the annual review or at any other time when noncompliance has been determined. If the owner intends to convert the multifamily housing to another use, the owner shall notify the administrator and the King County assessor in writing within 60 calendar days of the change in use. Upon such change in use, the tax exemption shall be canceled and additional taxes, interest, and penalties imposed pursuant to state law. B. Notice and appeal. Upon determining that a tax exemption is to be canceled, the administrator shall notify the owner by mail, return receipt requested. The property owner may appeal the determination by filing a notice of appeal and appeal of administrative decision fee with the City Clerk within 30 calendar days, specifying the factual and legal basis for the appeal. The hearing examiner will conduct a hearing under Chapter 12.01 KCC for a Process I action. An aggrieved party may appeal the hearing examiner’s decision to the King County superior court under RCW 34.05.510 through 34.05.598. SECTION 2. – Residential Targeted Areas Established. Residential targeted areas hereby established and include (a) the geographic area of greater Downtown Kent bordered generally by Titus Street, the Green River, Willis Street, South 240th/James Street, and Cloudy Street, and only including zones that permit multifamily housing, and (b) the Midway 6.A.a Packet Pg. 29 At t a c h m e n t : T a r g e t e d R e s i d e n t i a l I n v e s t m e n t P r o g r a m M F T E K C C 3 . 2 5 R e p e a l R e p l a c e ( 2 2 9 8 : P u b l i c H e a r i n g o n t h e O r d i n a n c e A d o p t i n g t h e 16 Repeal and Replace KCC 3.25 - Targeted Residential Investment Program subarea as laid out in the Midway Subarea Plan, which geographic area is bordered generally by Interstate 5 on the east, and the city limits on the west and south. Exhibits A and B attached to this ordinance provide maps of the greater Downtown Kent Residential Targeted Area and Midway Residential Targeted Area, respectively. Pursuant to RCW 84.14.040, the City Council finds that these areas do not have sufficient available, desirable, affordable, and convenient residential housing, and if such housing were available, the public would be likely to live in these areas. The City Council further finds that the designation of these areas as Residential Targeted Areas would encourage increased residential opportunities and stimulate construction of new multifamily housing that will increase and improve residential housing opportunities in these areas. SECTION 3. – Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 4. – Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. SECTION 5. – Effective Date. This ordinance shall take effect and be in force 30 days from and after its passage, as provided by law. May 19, 2020 DANA RALPH, MAYOR Date Approved 6.A.a Packet Pg. 30 At t a c h m e n t : T a r g e t e d R e s i d e n t i a l I n v e s t m e n t P r o g r a m M F T E K C C 3 . 2 5 R e p e a l R e p l a c e ( 2 2 9 8 : P u b l i c H e a r i n g o n t h e O r d i n a n c e A d o p t i n g t h e 17 Repeal and Replace KCC 3.25 - Targeted Residential Investment Program ATTEST: May 19, 2020 KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted May 22, 2020 Date Published APPROVED AS TO FORM: ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY 6.A.a Packet Pg. 31 At t a c h m e n t : T a r g e t e d R e s i d e n t i a l I n v e s t m e n t P r o g r a m M F T E K C C 3 . 2 5 R e p e a l R e p l a c e ( 2 2 9 8 : P u b l i c H e a r i n g o n t h e O r d i n a n c e A d o p t i n g t h e S KENT-DES M O I N E S R D S R 1 6 7 SR 16 7 SR167 S R 1 6 7 66 AV SS234ST 74 A V S LAKESIDEBLVDW 88 A V S S 236 ST S 2 3 2 PL REITENRD S JA S O N A V N W JAMES ST LAKESIDEB L V D E 53 P L S E TITUSSTW GOWE ST E GOWE ST 64 A V S 1 A V S W SMITH ST W G O W E ST 3 A V S W JAMES ST R U S S E L L R D S 6 A V S E WILLIS STW WILLIS ST E SMITH ST CE N T R A L A V N S KENT-DES MOINES RD WA S H I N G T O N A V S 68 AV S CE N T R A L A V N C E N T R A L A V S WA S H I N G T O N A V N E JAMES ST W MEEKER ST W JAMES ST W SMITH ST 4 A V N E S M I T H ST 4 A V S 64 A V S µ Greater Downtown RTA W CLOUDY ST EXHIBIT A 6.A.a Packet Pg. 32 At t a c h m e n t : T a r g e t e d R e s i d e n t i a l I n v e s t m e n t P r o g r a m M F T E K C C 3 . 2 5 R e p e a l R e p l a c e ( 2 2 9 8 : P u b l i c EXHIBIT B 6.A.a Packet Pg. 33 At t a c h m e n t : T a r g e t e d R e s i d e n t i a l I n v e s t m e n t P r o g r a m M F T E K C C 3 . 2 5 R e p e a l R e p l a c e ( 2 2 9 8 : P u b l i c H e a r i n g o n t h e O r d i n a n c e A d o p t i n g t h e Pending Approval City Council Workshop Workshop Regular Meeting Minutes May 5, 2020 Date: May 5, 2020 Time: 5:00 p.m. Place: THIS IS A REMOTE MEETING I. CALL TO ORDER Attendee Name Title Status Arrived Toni Troutner Council President Present Bill Boyce Councilmember Present Brenda Fincher Councilmember Present Satwinder Kaur Councilmember Present Marli Larimer Councilmember Present Zandria Michaud Councilmember Present Les Thomas Councilmember Present Dana Ralph Mayor Present II. PRESENTATIONS 1 Budget Update - Recap of 2019 and 2020 Status Finance Director, Paula Painter presented a recap of the 2019 budget and status of the 2020 budget as follows: Painter expressed appreciation of the budget team that includes Michelle Ferguson, Kathleen McConnell and Shane Sorenson. The 2019 in review included information on: Sustainable Services - Performance Measures -Credit Worthiness - Standard & Poor’s and Moody’s bond ratings -Financial Management - The City has received clean audits -Financial Condition - Reviewed general fund reserves Cash and Investments Painter reviewed cash and investments by month, and by type (City-wide). Debt Painter reviewed the annual debt service by type and by fund. General Fund and Other Fund Revenue Variances and Comparisons Painter reviewed the revenues by variance that did not include transfers in from other funds. Revenue included property tax, sales tax, utility tax, B&O tax, licenses, intergovernmental, charges for services, fines and forfeitures and interest and miscellaneous. 8.A.1 Packet Pg. 34 Mi n u t e s A c c e p t a n c e : M i n u t e s o f M a y 5 , 2 0 2 0 5 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) City Council Workshop Workshop Regular Meeting Minutes May 5, 2020 Kent, Washington Page 2 of 3 Sales tax by industry and permit and plans review were share from 2010- 2014 vs. 2015-2019. Spending by classification was presented regarding salaries & benefits, supplies and equipment services and allocations and transfers out. General Fund ending balance comparisons for years 2017-2020 were presented. Capital Painter detailed spending by classification and reviewed the top 10 projects that were funded 2017-2020. Takeaways from 2019 2019 was a strong year, departments did a great job of staying within budget and the 2021-2022 biennial budget will reflect economic impacts from the Coronavirus. 2020 General Fund Overview Painter advised that we do not have estimated actuals for 2020 due to unknown impacts of the Coronavirus. Reviewed revenue, expenditures, fund balances and amounts restricted for annexation. Painter provided the general fund ending balance for each of the past 10 years and the general fund year-to-monthly comparison through March 2018-2020. Painter provided a review of the estimated beginning and ending fund balances and budgeted revenues and expenditures for 2020 for all funds. Special revenue funds year-to-month comparison through March of each year 2018-2020 were provided. COVID-19 - Potential Budget Impacts Since the April 14th presentation to the Council on potential budget impacts, departments have proposed budget reductions, prioritized capital projects, are considering CARES Act funding of $3.9 million (calculated at $30 per capita) and the Coronavirus Aid, Relief and Securities Act. Any reductions will be finalized at the end of May. Capital projects will be prioritized by departments and then discussed by the leadership team later this week. 8.A.1 Packet Pg. 35 Mi n u t e s A c c e p t a n c e : M i n u t e s o f M a y 5 , 2 0 2 0 5 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) City Council Workshop Workshop Regular Meeting Minutes May 5, 2020 Kent, Washington Page 3 of 3 Staff is evaluating how to utilize any CARES Act funding the City may receive. Painter responded to Councilmember Boyce’s questions regarding the accesso ShoWare Center and impact of the loss in sales tax revenue. Matheson advised that Tim Higgins is doing a good job of controlling expenses at the accesso ShoWare Center, he is working on alternate graduation concepts and coming up with creative ideas for parking lot-type events. Matheson is confident Higgins is controlling the expenditure side of the budget, but the revenue side is an unavoidable concern. Painter advised that we need to understand the impacts of COVID-19 before she can come up with estimates. Painter indicated that after May closes, she may be in a better position to provide the council with estimates. Council President Troutner conveyed what an important part the prior Council’s decision to grow fund balance is playing in the current COVID- related budget issues. Painter responded to plan to reduce some departments 5-20% and indicated each department will be evaluated individually. On May 19th, during the Council Workshop, Finance will share what we have learned regarding impacts of COVID-19. Painter will also bring information to the May 19th meeting on COVID-related expenses and funding opportunities. Meeting ended at 6:10 p.m. Kimberley A. Komoto City Clerk 8.A.1 Packet Pg. 36 Mi n u t e s A c c e p t a n c e : M i n u t e s o f M a y 5 , 2 0 2 0 5 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) Pending Approval Kent City Council City Council Regular Meeting Minutes May 5, 2020 Date: May 5, 2020 Time: 7:00 p.m. Place: THIS IS A REMOTE MEETING 1. CALL TO ORDER Mayor Ralph called the meeting to order 2. ROLL CALL Attendee Name Title Status Arrived Dana Ralph Mayor Present Toni Troutner Council President Present Bill Boyce Councilmember Present Brenda Fincher Councilmember Present Satwinder Kaur Councilmember Present Marli Larimer Councilmember Present Les Thomas Councilmember Present Zandria Michaud Councilmember Present 3. AGENDA APPROVAL A. Approve the agenda as presented RESULT: APPROVED [UNANIMOUS] MOVER: Toni Troutner, Council President SECONDER: Les Thomas, Councilmember AYES: Ralph, Troutner, Boyce, Fincher, Kaur, Larimer, Thomas, Michaud 4. PUBLIC COMMUNICATIONS A. Public Recognition Mayor advised of the following proclamations she recently issued: •Affordable Housing Week - May 11-15, 2020. •National Correctional Officer's Week - May 5-11, 2020 •National Police Week - May 15, 2020 •National Public Works Week May 1-23, 2020 i. Employee of the Month Mayor Ralph recognized Margaret Bishop as the employee of the month. Bishop is a Network Engineer in the Information Technology Department and is well-respected by her fellow co-workers. 8.A.2 Packet Pg. 37 Mi n u t e s A c c e p t a n c e : M i n u t e s o f M a y 5 , 2 0 2 0 7 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) Kent City Council City Council Regular Meeting Minutes May 5, 2020 Kent, Washington Page 2 of 9 ii. Appointment to the Kent Parks and Recreation Commission Mayor recognized Chad McClung as her requested appointment to the Kent Parks and Recreation Committee. B. Community Events None. 5. REPORTS FROM COUNCIL AND STAFF A. Mayor Ralph's Report Mayor Ralph advised she continues to work on COVID and budget issues and is working to keep residents and employees safe and is also working on addressing budget challenges. Parks open spaces are open. Mayor Ralph advised that the play structures and athletic complexes remain closed. Today is the first day the golf course is open with safety protocols in place. Existing construction has opened, along with scheduled medical procedures. Watch the City's social media accounts for updates on the phased reopenings related to Kent. Please visit the State's website for information Coronavirus.wa.gov. Mayor Ralph advised that the department directors are working to come up with potential budget cuts. The Council will be briefed during an upcoming meeting. Staff is working hard to maintain services important to residents, but there will be impacts. Mayor Ralph recognized the residents of Kent for their work to help out other community members in need. B. Chief Administrative Officer's Report Chief Administrative Officer, Derek Matheson advised his written report is in the packet and there is no executive session this evening. C. Councilmember's Reports Council President Troutner provided a brief overview of tonight's budget presentation during the workshop. Councilmember Michaud serves on the Regional Water Quality Committee. The committee met with the King County Wastewater Treatment Departrment to discuss potention sewer rate increases that will be moving forward to the Public Issues Committee. 8.A.2 Packet Pg. 38 Mi n u t e s A c c e p t a n c e : M i n u t e s o f M a y 5 , 2 0 2 0 7 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) Kent City Council City Council Regular Meeting Minutes May 5, 2020 Kent, Washington Page 3 of 9 Councilmember Kaur serves on the Association of Washingon Cities State and Federal Policy Committee that met on April 23rd and is working on the Statement of Policy that serves as a framework to help set the annual policy agenda for the next 6 years. Councilmember Boyce serves on the Public Issues Committee that will meet on May 13th to discuss the proposed 2021 King County Utility Rate increase, an update on COVID-19 and future levy and ballot measures for King County. Councilmember Fincher serves on the Mental Illness and Drug Dependency Council that met and discussed modifications to the juvenile drug court to try to get youth to reenter the system after their treatment. 6. PUBLIC HEARING A. HB 1754 Regulations for Emergency Housing of the Homeless – Ordinance – Adopt Mayor Ralph provided a brief introduction of this public hearing process. Mayor Ralph opened the public hearing. Long Range Planning Manager, Hayley Bonsteel provided an overview of what was discussed during the recent Committee of the Whole meeting and advised that HB1754 takes effect in June of 2020 and we are interested in having regulations in the code so that they can be grandfathered in prior to the effective date in an effort to retain local control. This ordinance: -Moderately expand geographically where we currently allow religious organizations to house the homeless -allows outdoor facilities within a temporary membrane structure -requires organizations to follow King County Public Health recommendations for sanitation -requires compliance with fire and building codes for safety -requires some administrative requirements - know how the facilities will operate -preservex existing programs Bonsteel reviewed the new definitions differentiating between indoor and outdoor facilities, the expanded zones and the new conditions for indoor and outdoor facilities related to operations. Bonsteel indicated changes have been made to add the Narcan requirement for indoor facilities, a weapons prohibition was added in addition to the notice requirements the religious organizations must comply with. 8.A.2 Packet Pg. 39 Mi n u t e s A c c e p t a n c e : M i n u t e s o f M a y 5 , 2 0 2 0 7 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) Kent City Council City Council Regular Meeting Minutes May 5, 2020 Kent, Washington Page 4 of 9 Bonsteel advised a change to Section 4 has been made today. Staff became aware this afternoon of an issue with this ordinance and have prepared some alternate language as a result. Section 4 of the ordinance was intended to grandfather existing programs that we know are operating in the City; we realized this afternoon that the language was overly narrow and did not apply to all known facilities/programs. For that reason, we want to suggest the following replacement language for Section 4: "SECTION 4. - Existing Operations. In accordance with KCC 15.08.100, emergency housing facilities that currently exist are considered nonconforming uses of the properties that host the emergency housing facilities. These nonconforming uses of the properties for emergency housing shall be subject to the provisions of KCC 15.08.100 as now enacted or hereafter amended or recodified; provided, that with regards to the programs referred to as the KentHOPE Women’s Overnight Shelter and the KentHOME/WHOME programs sponsored by Catholic Community Services, additional churches may be added to the rotation of churches that provide emergency housing and safe parking pursuant to the above programs upon written notice to the City; and provided further, that emergency shelter facilities shall not be considered nonconforming uses and must comply with the requirements of KCC 15.04.030. For the purposes of this section, the term emergency housing shall have the meaning set forth in KCC 15.02.131 and safe parking shall be subject to the provisions of RCW 35A.21.360(2)(g) as enacted pursuant to House Bill 1754. The provisions of subsection KCC 15.04.030(31) and (35) shall not apply to severe weather shelters that are activated in partnership with the City of Kent. Quarantine facilities shall not be considered emergency housing facilities, and are not considered nonconforming uses." Language has been added to specify that quarantine facilities are not grandfathered, since the intent is for longstanding, stably operating programs-not facilities opened hastily during public health emergencies. Fincher advised that, in the spirit of transparency, she works for Holy Spirit that houses the WHOME program that is not affected by this ordinance and that she will be objective on this matter. Mayor Ralph read the following two public comments received into the record: Dave Mitchell, received via email on May 5, 2020 @ 3:55 p.m. Does the ordinance have any consideration of “grandfathering” existing facilities? 8.A.2 Packet Pg. 40 Mi n u t e s A c c e p t a n c e : M i n u t e s o f M a y 5 , 2 0 2 0 7 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) Kent City Council City Council Regular Meeting Minutes May 5, 2020 Kent, Washington Page 5 of 9 For example: KentHOPE (Emergency Shelter) and Sunrise House (Emergency Housing) are immediately adjacent to one another. Will the new 1,000-foot minimum distance be required between Emergency Shelter and Emergency Housing? Reference: Agenda Packet Page 27 31.a. ii. At the time of application for the conditional use permit, there shall be no other approved emergency housing or shelter facility located within one thousand (1,000) feet of the proposed emergency housing or shelter facility site. For the purposes of this subsection, distance shall be measured in a straight line between the closest property line of the existing facility and the closest property line of the proposed facility. For purposes of this section, if the City receives applications for proposed facilities that are within one thousand (1,000) feet of each other, the first complete application received by the City shall be given priority. Thank you, Dave Mitchell 14516 SE 266th St Kent WA 98042 Mary Kern, received via email on May 5, 2020 @ 2:35 p.m.: Dear Mayor and City Council, With the City facing a possible $10,000,000 shortfall due to Covid-19, I hope that there would a full-fledged analysis and plan before moving forward with designating new funding towards this issue. We know there are different categories of homeless. Yes in the category of those homeless due to job loss and sincere need, they need a hand up. The category of those into drug, theft, and past refusal of housing as they don’t want to obey rules are different. Since police seem to have their hands tied in dealing with them, it seems something different needs to be planned and worked out. The citizens need to be provided protection too and that appears low on the scale of services. Everyone deserves a sense of safety and protection. At this time it appears that much of the public feels there is nothing that will be done to help the general citizens. I see these comments all the time. Can some new ordinances or actual enforcement be established to deter theft, drug use, and trashing the neighborhood or parks? This needs to be addressed to change the negative impact it is having on the City of Kent. We all want Kent to be a clean, attractive, safe place to live, play, and work. Thank you for considering having a concrete full-fledged plan before throwing more tax payer money towards this. 8.A.2 Packet Pg. 41 Mi n u t e s A c c e p t a n c e : M i n u t e s o f M a y 5 , 2 0 2 0 7 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) Kent City Council City Council Regular Meeting Minutes May 5, 2020 Kent, Washington Page 6 of 9 Respectfully submitted, Mary Ann Kern Troutner moved to admit the written comments into the record, seconded by Thomas. The motion passed unanimously with a vote of 7-0. Troutner moved to close the public hearing, seconded by Thomas. The motion passed unanimously with a vote of 7-0. MOTION: Adopt Ordinance No. 4358, with Section 4 revised in accordance with the changes to Section 4 presented at the May 5, 2020 council meeting, establishing regulations in response to HB 1754 for the hosting of the homeless at emergency indoor housing facilities and outdoor shelters. RESULT: ADOPTED [UNANIMOUS] MOVER: Satwinder Kaur, Councilmember SECONDER: Marli Larimer, Councilmember AYES: Ralph, Troutner, Boyce, Fincher, Kaur, Larimer, Thomas, Michaud 7. PUBLIC COMMENT None. 8. CONSENT CALENDAR Move to approve items A - I. RESULT: APPROVED [UNANIMOUS] MOVER: Toni Troutner, Council President SECONDER: Les Thomas, Councilmember AYES: Ralph, Troutner, Boyce, Fincher, Kaur, Larimer, Thomas, Michaud A. Approval of Minutes 1. Council Workshop - Workshop Regular Meeting - Apr 21, 2020 5:00 PM 2. City Council Meeting - City Council Regular Meeting - Apr 21, 2020 7:00 PM 3. Committee of the Whole - Committee of the Whole - Regular Meeting - Apr 28, 2020 4:00 PM B. Payment of Bills - Authorize 8.A.2 Packet Pg. 42 Mi n u t e s A c c e p t a n c e : M i n u t e s o f M a y 5 , 2 0 2 0 7 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) Kent City Council City Council Regular Meeting Minutes May 5, 2020 Kent, Washington Page 7 of 9 MOTION: Approve the payment of bills received through 4/15/20 and paid on 4/15/20 and the checks issued for payroll 4/1/20-4/15/20 and paid on 4/20/20, and audited by the Committee of the Whole on 4/28/20. C. 2015 Fee-in-Lieu Funds Re-allocation - Authorize MOTION: Authorize the Mayor to reallocate $18,600 of fee-in- lieu funds allocated to Springwood Park, amend the Community Parks Reinvestment Program budget, and authorize the future expenditure of these funds for capital improvements at Wilson Playfields. D. Fee in Lieu for the 4th Quarter 2019 and 1st Quarter 2020 - Approve MOTION: Authorize the Mayor to accept $69,750.64 of fee-in- lieu funds, amend the Community Parks Reinvestment Program budget, and authorize the future expenditure of these funds for capital improvements at Kent Memorial Park and Chestnut Ridge Park. E. Puget Sound Emergency Radio Network ILA and MOU - Resolution - Adopt MOTION: Adopt Resolution No. 2011, authorizing the Mayor to sign the Puget Sound Emergency Radio Network (PSERN) Operator Interlocal Agreement creating the PSERN Operator, which will undertake the ownership, operations, maintenance, management and on-going upgrading/replacing of the PSERN System, and authorizing the Mayor to sign a Memorandum of Understanding with the other Valley Com cities to establish the process for selecting Valley Communication’s representative on the PSERN Operator’s Board of Directors. F. Interlocal Agreement with City of Tukwila for the South 200th Street Bridge Maintenance and Repair - Authorize MOTION: Authorize the Mayor to execute an interlocal agreement with the City of Tukwila for the maintenance and repair of the South 200th Street bridge with terms and conditions acceptable to the Public Works Director and City Attorney. G. Accept the Lake Meridian Estates Storm Drainage Improvements Phase II Project as Complete - Authorize MOTION: Authorize the Mayor to accept the Lake Meridian Estates Storm Drainage Improvements Phase II Project as complete and release retainage to Tucci & Sons Inc. upon receipt of standard releases from the State and the release of any liens. 8.A.2 Packet Pg. 43 Mi n u t e s A c c e p t a n c e : M i n u t e s o f M a y 5 , 2 0 2 0 7 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) Kent City Council City Council Regular Meeting Minutes May 5, 2020 Kent, Washington Page 8 of 9 H. Accept the James Street Pavement Rehabilitaion Project as Complete - Authorize MOTION: Authorize the Mayor to accept the James Street Pavement Rehabilitation Project as complete and release retainage to Kiewit Infrastructure West Company upon receipt of standard releases from the State and the release of any liens. I. Appoint Chad McClung to the Kent Parks and Recreation Commission - Confirm MOTION: Confirm the Mayor's appointment of Chad McClung to the Kent Parks and Recreation Commission for a three-year term that will expire on December 31, 2022. 9. OTHER BUSINESS None 10. BIDS A. Fourth and Willis Roundabout Project Bid - Award Public Works Director, Tim LaPorte provided details on the Fourth and Willis Roundabout Project Bid and recommended awarding to Active Construction, Inc. MOTION: Award the Willis Street and 4th Avenue South Roundabout Project to Active Construction Inc. in the amount of $4,759,759.00 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. RESULT: APPROVED [UNANIMOUS] MOVER: Marli Larimer, Councilmember SECONDER: Zandria Michaud, Councilmember AYES: Ralph, Troutner, Boyce, Fincher, Kaur, Larimer, Thomas, Michaud B. 76th Avenue South Improvements South 220th Street to South 214th Street Project Bid - Award Public Works Director, Tim LaPorte provided details on the 76th Avenue South Improvements South 220th Street to South 214th Street Project Bid and recommended awarding to Northwest Cascade, Inc. 8.A.2 Packet Pg. 44 Mi n u t e s A c c e p t a n c e : M i n u t e s o f M a y 5 , 2 0 2 0 7 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) Kent City Council City Council Regular Meeting Minutes May 5, 2020 Kent, Washington Page 9 of 9 MOTION: Award the 76th Avenue South Improvements - South 220th Street to South 214th Street Project to Northwest Cascade, Inc. in the amount of $4,472,667.25 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. RESULT: APPROVED [UNANIMOUS] MOVER: Zandria Michaud, Councilmember SECONDER: Les Thomas, Councilmember AYES: Ralph, Troutner, Boyce, Fincher, Kaur, Larimer, Thomas, Michaud C. 2020 Asphalt Overlays Project Bid - Award Public Works Director, Tim LaPorte provided details on the 2020 Asphalt Overlays Project Bid and recommended awarding to Tucci and Sons, Inc. MOTION: Award the 2020 Asphalt Overlays Project to Tucci & Sons Inc. in the amount of $1,882,037.50 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. RESULT: APPROVED [UNANIMOUS] MOVER: Toni Troutner, Council President SECONDER: Bill Boyce, Councilmember AYES: Ralph, Troutner, Boyce, Fincher, Kaur, Larimer, Thomas, Michaud 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION None 12. ADJOURNMENT Mayor Ralph adjourned the meeting. Meeting ended at 7:54 p.m. Kimberley A. Komoto City Clerk 8.A.2 Packet Pg. 45 Mi n u t e s A c c e p t a n c e : M i n u t e s o f M a y 5 , 2 0 2 0 7 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) Pending Approval Kent City Council - Committee of the Whole Committee of the Whole - Regular Meeting Minutes May 12, 2020 Date: May 12, 2020 Time: 4:00 p.m. Place: Chambers 1. CALL TO ORDER 2. ROLL CALL Attendee Name Title Status Arrived Toni Troutner Council President Present Bill Boyce Councilmember Present Brenda Fincher Councilmember Present Satwinder Kaur Councilmember Present Marli Larimer Councilmember Present Zandria Michaud Councilmember Present Les Thomas Councilmember Present Dana Ralph Mayor Present 3. AGENDA APPROVAL No changes. 4. DEPARTMENT PRESENTATIONS 1. Mill Creek at 76th Ave. Flood Protection Improvements – Drainage Easement, Access Easement, and Temporary Construction Easement - Authorize Property and Acquisition Analyst, Cheryl Rolcik-Wilcox presented details on the drainage and access easement and Temporary Construction Easement related to the Mill Creek at 76th Avenue Flood Protection Improvement project. MOTION: Authorize the Mayor to sign a settlement agreement along with all documents necessary for the acquisition of a Drainage Easement, an Access Easement, and a Temporary Construction Easement on portions of property owned by Earle M. Jorgensen Company, located at 22011 76th Avenue South (APN 122204-9110), for an amount not to exceed $818,600.00 subject to final terms and conditions acceptable to the City Attorney and Public Works Director. 8.A.3 Packet Pg. 46 Mi n u t e s A c c e p t a n c e : M i n u t e s o f M a y 1 2 , 2 0 2 0 4 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) Kent City Council - Committee of the Whole Committee of the Whole - Regular Meeting Minutes May 12, 2020 Kent, Washington Page 2 of 3 RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 5/19/2020 7:00 PM 2. Appoint Zenovia Harris to the Public Facilities District Board of Directors - Approve Chief Administration Officer, Derek Matheson provided a brief overview of the functions of the Public Facilities District and the process to fill board vacancies. The current vacancy is due to the resignation of Lew Sellers. His position No. 5 on the board requires the vacancy to be filled by appointment of the City Council. Matheson detailed the process the City followed to fill this vacancy. Council President Troutner recommends appointing Zenovia Harris to fill position No. 5 and serve the remainder of the 4-year term that will expire on August 31, 2023. Matheson provided a brief background on Harris. City Attorney, Pat Fitzpatrick advised that he is reviewing the foundational documents that created the Public Facilities District Board to ensure the board is operating in accordance with its mandated purpose and authority. MOTION: Approve the appointment of Zenovia Harris to fill the recently vacated Position Number 5 of the Public Facilities District Board, for the remainder of the 4-year term that will expire on August 31, 2023. RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 5/19/2020 7:00 PM 3. Re-allocation of Lodging Tax Advisory Committee Funds for Business Recovery Efforts - Authorize Economic Development Project Manager, Michelle Wilmot provided an overview of the re-allocation of Lodging Tax Advisory Committee funds for business recovery efforts. There is an emergent need to revisit the lodging tax account balance and adjust spending due to the anticipated drop in revenues. Wilmot detailed the changes to 2020 grant awards due to cancelled events. This request is to transfer $50,000 of Lodging Tax funds to support the 8.A.3 Packet Pg. 47 Mi n u t e s A c c e p t a n c e : M i n u t e s o f M a y 1 2 , 2 0 2 0 4 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) Kent City Council - Committee of the Whole Committee of the Whole - Regular Meeting Minutes May 12, 2020 Kent, Washington Page 3 of 3 City’s economic recovery activities, while also supporting the committee’s objectives to promote leisure and business travel. Wilmot responded to questions regarding how funding will be used to support small businesses. MOTION: Authorize the Mayor to reallocate $50,000 from funds previously awarded for outside consulting to the Economic Development team to support new business recovery initiatives, in light of the economic crisis brought about by Covid-19, subject to final terms and conditions acceptable to the Economic and Community Development Director and City Attorney. RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 5/19/2020 7:00 PM 4. Consolidating Budget Adjustment Ordinance for Adjustments between January 1, 2020 and March 31, 2020 - Adopt Interim Financial Planning Manager, Michelle Ferguson provided an extensive review of adjustments made between January 1, 2020 and March 31, 2020 reflecting an overall budget increase of $9,761,225. MOTION: Adopt Ordinance 4359 authorizing consolidating budget adjustments made between January 1, 2020 and March 31, 2020, reflecting an overall budget increase of $9,761,225. RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 5/19/2020 7:00 PM 5. ADJOURNMENT Council President Troutner adjourned the meeting. Meeting ended at 4:34 p.m. Kimberley A. Komoto City Clerk 8.A.3 Packet Pg. 48 Mi n u t e s A c c e p t a n c e : M i n u t e s o f M a y 1 2 , 2 0 2 0 4 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) DATE: May 19, 2020 TO: Kent City Council SUBJECT: Mill Creek at 76th Ave. Flood Protection Improvements – Drainage Easement, Access Easement, and Temporary Construction Easement - Authorize MOTION: Authorize the Mayor to sign a settlement agreement along with all documents necessary for the acquisition of a Drainage Easement, an Access Easement, and a Temporary Construction Easement on portions of property owned by Earle M. Jorgensen Company, located at 22011 76th Avenue South (APN 122204-9110), for an amount not to exceed $818,600.00 subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The City of Kent is moving forward with its Mill Creek at 76th Avenue South Flood Protection Project (the “Project”). The goal of the Project is to improve Mill Creek’s conveyance capacity to reduce flood risk through the 76th Avenue South industrial corridor. The Project requires that the City acquire from Earle M. Jorgensen Company (“Jorgensen”), a drainage easement and a temporary construction easement to be granted to the City, and an access easement to be granted to the neighboring property owner, on portions of Jorgensen’s property located at 22011 76th Avenue South (APN 122204-9110). Jorgensen has signed a settlement agreement accepting the City’s fair market value offer of $110,100 for a 6,096 square foot drainage easement, $64,300 for a 33,830 square foot temporary construction easement, $27,000 for a 2,803 square foot access easement to be granted to the neighboring property owner, and $617,200 in compensation for damages to the property, for a combined total of $818,600.00. Fair market value was determined by the City’s appraiser, and confirmed by the City’s review appraiser. BUDGET IMPACT: $818,600.00 from the project budget for the Mill Creek at 76th Avenue Flood Protection Improvements Project. The project is funded through a $3 million state grant and the city Storm Drainage Fund. SUPPORTS STRATEGIC PLAN GOAL: 8.B Packet Pg. 49 Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. ATTACHMENTS: 1. Kent Settlement Agreement Easements (PDF) 05/12/20 Committee of the Whole RECOMMENDED TO COUNCIL BY CONSENSUS RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 5/19/2020 7:00 PM 8.B Packet Pg. 50 8.B.a Packet Pg. 51 At t a c h m e n t : K e n t S e t t l e m e n t A g r e e m e n t E a s e m e n t s ( 2 2 9 1 : M i l l C r e e k a t 7 6 t h A v e . F l o o d P r o t e c t i o n I m p r o v e m e n t s – D r a i n a g e E a s e m e n t , 8.B.a Packet Pg. 52 At t a c h m e n t : K e n t S e t t l e m e n t A g r e e m e n t E a s e m e n t s ( 2 2 9 1 : M i l l C r e e k a t 7 6 t h A v e . F l o o d P r o t e c t i o n I m p r o v e m e n t s – D r a i n a g e E a s e m e n t , 8.B.a Packet Pg. 53 At t a c h m e n t : K e n t S e t t l e m e n t A g r e e m e n t E a s e m e n t s ( 2 2 9 1 : M i l l C r e e k a t 7 6 t h A v e . F l o o d P r o t e c t i o n I m p r o v e m e n t s – D r a i n a g e E a s e m e n t , 8.B.a Packet Pg. 54 At t a c h m e n t : K e n t S e t t l e m e n t A g r e e m e n t E a s e m e n t s ( 2 2 9 1 : M i l l C r e e k a t 7 6 t h A v e . F l o o d P r o t e c t i o n I m p r o v e m e n t s – D r a i n a g e E a s e m e n t , 8.B.a Packet Pg. 55 At t a c h m e n t : K e n t S e t t l e m e n t A g r e e m e n t E a s e m e n t s ( 2 2 9 1 : M i l l C r e e k a t 7 6 t h A v e . F l o o d P r o t e c t i o n I m p r o v e m e n t s – D r a i n a g e E a s e m e n t , 8.B.a Packet Pg. 56 At t a c h m e n t : K e n t S e t t l e m e n t A g r e e m e n t E a s e m e n t s ( 2 2 9 1 : M i l l C r e e k a t 7 6 t h A v e . F l o o d P r o t e c t i o n I m p r o v e m e n t s – D r a i n a g e E a s e m e n t , 8.B.a Packet Pg. 57 At t a c h m e n t : K e n t S e t t l e m e n t A g r e e m e n t E a s e m e n t s ( 2 2 9 1 : M i l l C r e e k a t 7 6 t h A v e . F l o o d P r o t e c t i o n I m p r o v e m e n t s – D r a i n a g e E a s e m e n t , 8.B.a Packet Pg. 58 At t a c h m e n t : K e n t S e t t l e m e n t A g r e e m e n t E a s e m e n t s ( 2 2 9 1 : M i l l C r e e k a t 7 6 t h A v e . F l o o d P r o t e c t i o n I m p r o v e m e n t s – D r a i n a g e E a s e m e n t , 8.B.a Packet Pg. 59 At t a c h m e n t : K e n t S e t t l e m e n t A g r e e m e n t E a s e m e n t s ( 2 2 9 1 : M i l l C r e e k a t 7 6 t h A v e . F l o o d P r o t e c t i o n I m p r o v e m e n t s – D r a i n a g e E a s e m e n t , 8.B.a Packet Pg. 60 At t a c h m e n t : K e n t S e t t l e m e n t A g r e e m e n t E a s e m e n t s ( 2 2 9 1 : M i l l C r e e k a t 7 6 t h A v e . F l o o d P r o t e c t i o n I m p r o v e m e n t s – D r a i n a g e E a s e m e n t , 8.B.a Packet Pg. 61 At t a c h m e n t : K e n t S e t t l e m e n t A g r e e m e n t E a s e m e n t s ( 2 2 9 1 : M i l l C r e e k a t 7 6 t h A v e . F l o o d P r o t e c t i o n I m p r o v e m e n t s – D r a i n a g e E a s e m e n t , 8.B.a Packet Pg. 62 At t a c h m e n t : K e n t S e t t l e m e n t A g r e e m e n t E a s e m e n t s ( 2 2 9 1 : M i l l C r e e k a t 7 6 t h A v e . F l o o d P r o t e c t i o n I m p r o v e m e n t s – D r a i n a g e E a s e m e n t , 8.B.a Packet Pg. 63 At t a c h m e n t : K e n t S e t t l e m e n t A g r e e m e n t E a s e m e n t s ( 2 2 9 1 : M i l l C r e e k a t 7 6 t h A v e . F l o o d P r o t e c t i o n I m p r o v e m e n t s – D r a i n a g e E a s e m e n t , 8.B.a Packet Pg. 64 At t a c h m e n t : K e n t S e t t l e m e n t A g r e e m e n t E a s e m e n t s ( 2 2 9 1 : M i l l C r e e k a t 7 6 t h A v e . F l o o d P r o t e c t i o n I m p r o v e m e n t s – D r a i n a g e E a s e m e n t , 8.B.a Packet Pg. 65 At t a c h m e n t : K e n t S e t t l e m e n t A g r e e m e n t E a s e m e n t s ( 2 2 9 1 : M i l l C r e e k a t 7 6 t h A v e . F l o o d P r o t e c t i o n I m p r o v e m e n t s – D r a i n a g e E a s e m e n t , 8.B.a Packet Pg. 66 At t a c h m e n t : K e n t S e t t l e m e n t A g r e e m e n t E a s e m e n t s ( 2 2 9 1 : M i l l C r e e k a t 7 6 t h A v e . F l o o d P r o t e c t i o n I m p r o v e m e n t s – D r a i n a g e E a s e m e n t , 8.B.a Packet Pg. 67 At t a c h m e n t : K e n t S e t t l e m e n t A g r e e m e n t E a s e m e n t s ( 2 2 9 1 : M i l l C r e e k a t 7 6 t h A v e . F l o o d P r o t e c t i o n I m p r o v e m e n t s – D r a i n a g e E a s e m e n t , 8.B.a Packet Pg. 68 At t a c h m e n t : K e n t S e t t l e m e n t A g r e e m e n t E a s e m e n t s ( 2 2 9 1 : M i l l C r e e k a t 7 6 t h A v e . F l o o d P r o t e c t i o n I m p r o v e m e n t s – D r a i n a g e E a s e m e n t , 8.B.a Packet Pg. 69 At t a c h m e n t : K e n t S e t t l e m e n t A g r e e m e n t E a s e m e n t s ( 2 2 9 1 : M i l l C r e e k a t 7 6 t h A v e . F l o o d P r o t e c t i o n I m p r o v e m e n t s – D r a i n a g e E a s e m e n t , DATE: May 19, 2020 TO: Kent City Council SUBJECT: Appoint Zenovia Harris to the Public Facilities District Board of Directors - Approve MOTION: Approve the appointment of Zenovia Harris to fill the recently vacated Position Number 5 of the Public Facilities District Board, for the remainder of the 4-year term that will expire on August 31, 2023. SUMMARY: On February 21, 2020, Lew Sellers resigned his position No. 5 on the Public Facilities District Board. Section 6.3 of the board’s bylaws requires vacancies to be filled by appointment of the City Council. Applications were accepted and forwarded to the Kent Downtown Partnership, Kent Chamber of Commerce and MLK Labor (the central body of labor organizations in King County) for recommendations. The Kent Downtown Partnership and Kent Chamber of Commerce recommended Zenovia Harris to fill the vacant position on the board. MLK Labor did not respond to our request for recommendations. Zenovia was appointed as the Chief Executive Officer for the Kent Chamber of Commerce, becoming the first African American CEO to lead the chamber in its 70+years. Her role serves as the spokesperson for the business community in the 6th largest city in the state which was ranked top 10 in the most diverse cities in America according to Wallet hub. Harris is a certified diversity professional who serves as the President for the Washington Diversity Council Advisory Board. In the last decade she has worked in higher education, sales and marketing and has owned her own businesses. Harris knows how diversity and inclusion can impact an organization bottom line and culture. She was recently awarded the “Diversity Spirit Achievement Award” from City Career Fair productions for her active support of Diversity in the community and workplace. Harris is a dynamic leader and known for her tenacity and ability to create a thriving work cultures that are inclusive, innovative and results driven. Along with her CDP, Harris holds a bachelor’s degree in business management, a 8.C Packet Pg. 70 master’s in Public Administration, a real estate brokers license and a signing notary certification with the NNA. Harris will be a welcome addition to the Public Facilities District Board. SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. 05/12/20 Committee of the Whole RECOMMENDED TO COUNCIL BY CONSENSUS RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 5/19/2020 7:00 PM 8.C Packet Pg. 71 DATE: May 19, 2020 TO: Kent City Council SUBJECT: Re-allocation of Lodging Tax Advisory Committee Funds for Business Recovery Efforts - Authorize MOTION: Authorize the Mayor to reallocate $50,000 from funds previously awarded for outside consulting to the Economic Development team to support new business recovery initiatives, in light of the economic crisis brought about by Covid-19, subject to final terms and conditions acceptable to the Economic and Community Development Director and City Attorney. SUMMARY: There is an emergent need to revisit our lodging tax account balance and adjust our spending as we are anticipating a dramatic drop in revenues. While many of our Kent Valley business marketing initiatives continue with our partner cities, we have terminated our $100K contract with Barokas Communications. Our priority for economic development staff has pivoted to mitigate the impact of this crisis and support business recovery efforts. Therefore, we seek your approval to use $50K of the returned Lodging Tax funds to support the City’s economic recovery activities, while also supporting the committee’s objectives to promote leisure and business travel. These activities, supported by economic development employees, will focus on the following: a. Marketing industry economic activity and storylines to news media b. Promoting overnight stays in Kent c. Helping businesses navigate and access the various loans and grant programs available to retain employees and stay in business d. Provide oversight and management of JayRay ads and PR activities to support and promote Kent’s hospitality industry e. Support local restaurateurs and restaurant employees by directing them to new grants/programs aimed to help the industry recover. i.e. Kent Restaurant Week, The Plate Fund, industry-support websites BUDGET IMPACT: $50,000 grant transferred to Economic Development Marketing budget. 8.D Packet Pg. 72 05/07/20 Lodging Tax Advisory Committee RECOMMENDED TO COUNCIL RESULT: RECOMMENDED TO COUNCIL [6 TO 2] Next: 5/12/2020 4:00 PM MOVER: Erin McCallum SECONDER: Gaila Gutierrez, Executive Director AYES: Boyce, Casey, Gutierrez, Higgins, McCallum, Powell NAYS: Andrew Hutchison, David Kwok 05/12/20 Committee of the Whole RECOMMENDED TO COUNCIL BY CONSENSUS RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 5/19/2020 7:00 PM 8.D Packet Pg. 73 DATE: May 19, 2020 TO: Kent City Council SUBJECT: Consolidating Budget Adjustment Ordinance for Adjustments between January 1, 2020 and March 31, 2020 - Adopt MOTION: Adopt Ordinance 4359 authorizing consolidating budget adjustments made between January 1, 2020 and March 31, 2020, reflecting an overall budget increase of $9,761,225. SUMMARY: Authorization is requested to approve the technical gross budget adjustment ordinance reflecting an overall budget increase of $9,761,225. Adjustments totaling $2,236,278 have previously been approved by Council and are summarized as follows: A total of $298,000 in grants: · $78,700 in Criminal Justice grants including a 2017 JAG Grant for equipment ($34k), Boat Grant ($11k), Sex Offender Grant ($24k), and a Traffic Equipment Grant ($10k). · $169,300 from King County for Lake Fenwick Aerator Improvements ($190k) offset by the reduction of a 2018 budgeted King Couty grant to actual spend for the Downey Farmstead Restoration ($21k). · $50,000 NPDES Grant from the Department of Ecology for water quality stormwater capacity. · $1,288,270 in carryforward budgets for Parks, Facilities and ShoWare Lifecycle that were previously authorized in 2019: · $550,000 for Facilities projects including roof repairs ($195k), HVAC replacement ($100k), building lifecycle ($100k), floors ($60k), backup power ($50k), Kent Meridian pool ($25k), and kitchen equipment ($20k). · $391,770 for Parks major maintenance projects including parking lots, trails, lighting, signage, fencing, and structures. · $221,500 in other parks programs/projects including the recreation plan, a GIS intern, Health Savings Account programs, public defense appeals, marketing, and staff development. · $125,000 for ShoWare concession stand rebranding. 8.E Packet Pg. 74 · $650,008 in other approved items including use of funds from the approved Senior Service Levy ($510k), use of General Fund balance for an Economic and Community Development term-limited position ($100k), use of King County ILA mitigation funds for the Alia property ($34k), and use of reimbursed funds for Kent Police Department training brass ($6k). The remaining adjustments totaling $7,524,947 have not been previously approved by Council. Highlights include: · $3,411,220 for the transfer of additional 2019 B&O square footage revenue from the General Fund to Streets ($1.7m) and the establishment of a budget in streets for the use of these funds ($1.7m). · $3,151,600 for the transfer of funds to Meet Me on Meeker (MMOM) projects from the General Fund ($460k), Capital Resource Fund ($750k), Other Projects Fund ($331k), and MMOM Placemaking Project ($40k). The remaining ($1.57m) represents the establishment of budgets in the various MMOM projects ($1.58m), less a $10k decrease in the ECD GF budget to allow for the transfer of their funds. (Council has previously approved the use of $1.58m for the MMOM project. These funds are now being moved to the appropriate subprojects, which are in different funds.) · $782,670 increase to various funds for Teamster and AFSCME union contract increases. · $120,000 increase due to a transfer of funds from Economic and Community Develoment General Fund to Park’s Downtown Placemaking project for a Lunar Rover fabrication ($60k) and the establishment of the budget within the project ($60k). · $174,580 increase due to IT capital project budgets including moving prior year interest income into Tech Plans ($155k), electronic medical records management for Corrections ($10k), and unallocated projects ($10k). · $60,000 increase to Administration’s communications budget - under review. · $(122,053) decrease due to the true-up of CDBG program budgets to actual funds received ($81k) and the reduction of a WSDOT grant due to expired funds ($41k). · $(53,070) decrease due to eliminated transfers from the Criminal Justice Fund to General Fund for overtime related to red light camera reviews. Note the overtime budget itself was moved from General Fund to Criminal Justice Fund with a net zero impact to the City. BUDGET IMPACT: These expenditures are funded by grants, existing fund balance, or other new revenues. SUPPORTS STRATEGIC PLAN GOAL: Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. 8.E Packet Pg. 75 ATTACHMENTS: 1. Budget Adjustment Ordinance Q1 2020 Supp (PDF) 05/12/20 Committee of the Whole RECOMMENDED TO COUNCIL BY CONSENSUS RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 5/19/2020 7:00 PM 8.E Packet Pg. 76 1 2019-2020 Budget Adjustment First Quarter 2020 ORDINANCE NO. 4359 AN ORDINANCE of the City Council of the City of Kent, Washington, approving the consolidating budget adjustments made between January 1, 2020 and March 31, 2020, reflecting an overall budget increase of $9,761,225. RECITALS A. Expenditures as classified in the final, adopted budget constitute the city’s appropriations for that year. After adoption, there are a variety of events that will precipitate the need to amend the adopted budget, such as grant awards, bonds issuance, collective bargaining agreements and additional budget requests. These modifications are periodically consolidated into a supplemental budget adjustment ordinance amending the original adopted budget. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. – Budget Adjustments. The 2019-2020 biennial budget is amended to include budget fund adjustments for the first quarter of 2020 from January 1 to March 31, 2020, as summarized and set forth in Exhibit “A,” which is attached and incorporated into this ordinance. Except 8.E.a Packet Pg. 77 At t a c h m e n t : B u d g e t A d j u s t m e n t O r d i n a n c e Q 1 2 0 2 0 S u p p ( 2 2 9 2 : C o n s o l i d a t i n g B u d g e t A d j u s t m e n t O r d i n a n c e f o r A d j u s t m e n t s b e t w e e n 2 2019-2020 Budget Adjustment First Quarter 2020 as amended by this ordinance, all terms and provisions of the 2019-2020 biennial budget Ordinance No. 4296, as amended by Ordinance Nos. 4324, 4330, 4343, 4344, 4351 and 4354 shall remain unchanged. SECTION 2. – Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 3. – Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the Code Reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. SECTION 4. – Effective Date. This ordinance shall take effect and be in force five days after publication, as provided by law. May 19, 2020 DANA RALPH, MAYOR Date Approved ATTEST: May 19, 2020 KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted May 21, 2020 Date Published APPROVED AS TO FORM: ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY 8.E.a Packet Pg. 78 At t a c h m e n t : B u d g e t A d j u s t m e n t O r d i n a n c e Q 1 2 0 2 0 S u p p ( 2 2 9 2 : C o n s o l i d a t i n g B u d g e t A d j u s t m e n t O r d i n a n c e f o r A d j u s t m e n t s b e t w e e n Fund Title Previously Approved Approval Requested Total Adjustment Ordinance General Fund 321,780 2,579,670 2,901,450 Street Fund - 1,732,650 1,732,650 Capital Resource Fund 391,770 750,000 1,141,770 Criminal Justice Fund 84,210 7,320 91,530 Housing & Community Development Fund 510,218 (81,353) 428,865 Kent Events Center Operating Fund 125,000 - 125,000 Street Capital Projects - 1,911,900 1,911,900 Parks Capital Projects - 60,000 60,000 Other Capital Projects - 39,700 39,700 Technology Capital Projects - 174,580 174,580 Water Operating Fund - 109,520 109,520 Sewerage Operating Fund - 46,130 46,130 Drainage Operating Fund 253,300 78,110 331,410 Solid Waste Operating Fund - 12,030 12,030 Golf Operating Fund - 18,250 18,250 Fleet Services Fund - 41,840 41,840 Central Services Fund - 6,880 6,880 Facilities Management Fund 550,000 36,140 586,140 Insurance Funds - 1,580 1,580 Total 2,236,278 7,524,947 9,761,225 Exhibit A City of Kent Budget Adjustment Ordinance Adjustments January 1, 2020 to March 31, 2020 8.E.a Packet Pg. 79 At t a c h m e n t : B u d g e t A d j u s t m e n t O r d i n a n c e Q 1 2 0 2 0 S u p p ( 2 2 9 2 : C o n s o l i d a t i n g B u d g e t A d j u s t m e n t O r d i n a n c e f o r A d j u s t m e n t s b e t w e e n Approval Date or Other Fund Previously Approved by Council Not Previously Approved by Council Total Adjustment Ordinance General Fund Teamster & AFSCME contract S&B increases 357,130 357,130 Increase to Communications budget 60,000 60,000 ECD Term-limited position (Permit Tech) 1/21/2020 100,280 100,280 Movement of review OT budget to Red Light Camera Fund 1600 (53,070) (53,070) Transfer 2019 B&O square footage revenue increase to Streets Fund 1100 1,705,610 1,705,610 Reduction of Corrections budget to move funds to EMR project (10,000) (10,000) Transfer of Correction funds to Corrections EMR project 3400 10,000 10,000 Reduction of ECD budget to move funds to Meet Me on Meeker project (10,000) (10,000) Transfer of ECD funds to Meet Me on Meeker (MMOM) project 3100 10,000 10,000 Strategic transfer of funds from GF to MMOM projects 3100 450,000 450,000 Transfer of ECD funds to Downtown Placemaking for Lunar Rover 3200 60,000 60,000 Carryover budgets - Parks 2019 221,500 221,500 Total General Fund 321,780 2,579,670 2,901,450 Street Fund Establish budget for use of 2019 B&O Funds transferred from GF 1000 1,705,610 1,705,610 Teamster & AFSCME contract S&B increases 67,740 67,740 Reduced budget for expired WA DOT grant funds (40,700) (40,700) Total Street Fund - 1,732,650 1,732,650 Capital Resource Fund Transfer of funds to Meet Me on Meeker (MMOM) projects 3100 750,000 750,000 Carryover budgets - Parks 2019 391,770 391,770 Total Capital Resource Fund 391,770 750,000 1,141,770 Criminal Justice Fund Teamster & AFSCME contract S&B increases 7,320 7,320 Reduction of transfer of Red Light Camera funds for OT to GF 1000 (53,070) (53,070) Establish OT budget for Red Light Camera Fund 53,070 53,070 Establish budget for 2017 JAG Grant KCC 3.70 34,000 34,000 Establish budget for WA State Boat Grant KCC 3.70 10,950 10,950 Establish budget for WASPC Sex Offender Grant KCC 3.70 24,200 24,200 Establish budget for WASPC Traffic Equipment Grant KCC 3.70 9,550 9,550 Use of reimbursed funds for KPD Training Brass account KCC 3.70 5,510 5,510 Total Criminal Justice Fund 84,210 7,320 91,530 Housing & Community Development Fund Establish budgets for funds from the Senior Service Levy 1/21/2020 510,218 510,218 CDBG program true-ups (81,353) (81,353) Total Housing & Community Development Fund 510,218 (81,353) 428,865 Kent Events Center Operating Fund Carryover budgets - ShoWare Lifecycle 2019 125,000 125,000 Total Kent Events Center Operating Fund 125,000 - 125,000 Street Capital Projects Establish budgets for funds from GF for MMOM projects 1000 460,000 460,000 Establish budgets for funds from CRF for MMOM projects 1500 750,000 750,000 Transfer of PY Interest Income from 3100 to Meeker & Russell project 331,100 331,100 Establish budget for use of PY Int Inc on Meeker & Russell project 331,100 331,100 Establish budget for use of PY Int Inc on Meeker & Russell project 3300 39,700 39,700 Total Street Capital Projects Fund - 1,911,900 1,911,900 Parks Capital Projects Establish budget for funds from GF for Downtown Placemaking 1000 60,000 60,000 Total Parks Capital Projects Fund - 60,000 60,000 Other Capital Projects Reduction of MMOM budget to transfer Interest income back to 3100 (331,100) (331,100) Transfer funds from MMOM to 3100 3100 331,100 331,100 Reduction of MMOM budget to transfer funds back to 3300 (39,700) (39,700) Transfer funds from MMOM to 3300 39,700 39,700 Transfer PY Int Inc from 3300 to Meeker & Russell project 3100 39,700 39,700 Total Other Capital Projects Fund - 39,700 39,700 Budget Adjustment Detail for Budget Changes January 1, 2020 to March 31, 2020 8.E.a Packet Pg. 80 At t a c h m e n t : B u d g e t A d j u s t m e n t O r d i n a n c e Q 1 2 0 2 0 S u p p ( 2 2 9 2 : C o n s o l i d a t i n g B u d g e t A d j u s t m e n t O r d i n a n c e f o r A d j u s t m e n t s b e t w e e n Approval Date or Other Fund Previously Approved by Council Not Previously Approved by Council Total Adjustment Ordinance Budget Adjustment Detail for Budget Changes January 1, 2020 to March 31, 2020 Technology Capital Projects Establish budget for use of Corrections funds on EMR project 1000 10,000 10,000 Transfer of PY Interest Income from 3400 to Unallocated Projects 4,860 4,860 Establish budget for use of PY Interest income in Unallocated Projects 4,860 4,860 Reduction of budget in Unallocated Projects to transfer funds (154,860) (154,860) Transfer of funds from Unallocated Projects to Tech Plans 154,860 154,860 Establish budget for use of unallocated funds in Tech Plans 154,860 154,860 Total Technology Capital Projects Fund - 174,580 174,580 Water Operating Fund Teamster & AFSCME contract S&B increases 109,520 109,520 Total Water Operating Fund - 109,520 109,520 Sewerage Operating Fund Teamster & AFSCME contract S&B increases 46,130 46,130 Total Sewerage Operating Fund - 46,130 46,130 Drainage Operating Fund Teamster & AFSCME contract S&B increases 78,110 78,110 Establish budget for NPDES Grant 10/8/2019 50,000 50,000 Establish budget for KC ILA mitigation for Alia property KCC 3.70 34,000 34,000 Reduce Budget for KC Grant to actuals 1/16/2018 (20,490) (20,490) Establish budget for SROF Grant 12/10/2019 189,790 189,790 Total Drainage Operating Fund 253,300 78,110 331,410 Solid Waste Operating Fund Teamster & AFSCME contract S&B increases 12,030 12,030 Total Solid Waste Operating Fund - 12,030 12,030 Golf Operating Fund Teamster & AFSCME contract S&B increases 18,250 18,250 Total Golf Operating Fund - 18,250 18,250 Fleet Services Fund Teamster & AFSCME contract S&B increases 41,840 41,840 Total Fleet Services Fund - 41,840 41,840 Central Services Fund Teamster & AFSCME contract S&B increases 6,880 6,880 Total Central Services Fund - 6,880 6,880 Facilities Management Fund Teamster & AFSCME contract S&B increases 36,140 36,140 Carryover budgets - Parks 2019 550,000 550,000 Total Facilities Management Fund 550,000 36,140 586,140 Insurance Funds Teamster & AFSCME contract S&B increases 1,580 1,580 Total Insurance Funds - 1,580 1,580 Grand Total All Funds 2,236,278 7,524,947 9,761,225 8.E.a Packet Pg. 81 At t a c h m e n t : B u d g e t A d j u s t m e n t O r d i n a n c e Q 1 2 0 2 0 S u p p ( 2 2 9 2 : C o n s o l i d a t i n g B u d g e t A d j u s t m e n t O r d i n a n c e f o r A d j u s t m e n t s b e t w e e n