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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 12/09/2014W ASH I N 07 ON Kent City Council Meeting Minutes December 9, 2014 The regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor Cooke. Councilmembers present: Ralph, Berrios, Boyce, Fincher1 Higgins, and Thomas. CHANGES TO THE AGENDA FROM COUNCIL, ADMINISTRATION, OR STAFF. Chief Administrative Officer Derek Matheson recommended adding an executive session for property negotiations, as per RCW 42.30.110 (1) (c) and removing consent calendar, item 7Z, Lease Agreement with New Cingular Wireless PCS, LLC for Wireless Communications Equipment at Hogan Park at Russell Road - Authorize. PUBLIC COMMUNICATIONS. A. Public Recognition - Councilmember Higgins introduced Christine Taing, a 12 year old Meridian Middle School student, who wrote The Little Flower. He noted that the book was about her experiences with bullying and some short stories that describe ways to deal with bullying in school and in life. He introduced her mother and father and Christine thanked her parents and the Council for the recognition. Mayor Cooke suggested Christine serve on the Kent Police Youth Board and Council President Ralph highlighted the events and purpose of the board. B. Community Events -Mayor Cooke thanked the Lions Club for their event at the library and the Christmas tree lighting ceremony. She also noted that Christmas Rush is this weekend. C. Proclamation for Combatting Commercial Sexual Exploitation through Comprehensive Demand Enforcement, Deterrence, and Prevention -Mayor Cooke read and presented the proclamation to Robert Beiser, Executive Director of Seattle Against Slavery. Beiser discussed his background and what he has witnessed in his seven year tenure with the organization. He thanked Mayor Cooke and the Council for the proclamation and noted that the City of Kent is in the lead when it comes to combatting this issue. D. Appointments to the Land Use &Planning Board -Mayor Cooke announced that Binoy Varughese was a new appointment and Randall Smith and Jack Ottini were reappointments to the Land Use & Planning Board, E. Intergovernmental Reports -Council President Ralph stated that last week she attended a Regional Law Safety and Justice Committee meeting and the topic was mental health and its interaction with the court system. She noted that there will be some drastic cuts in mental health funding coming from the State which means a reduction in beds and places to treat those that are mentally ill in the criminal justice system. She explained that it can take four to six months to get the competency of a person in the criminal justice system determined. She said if that takes place here in 1 Kent City Council Meeting Minutes December 9, 2014 Kent, normally the entire sentence is served prior to the competency being determined. Therefore, she said the conversation was on how to create additional treatment beds and divert these people out of jail and into treatment. She noted the discussion was encouraging and there is some progress going on in the county and local jurisdictions to establish new beds. She concluded and noted that the South County Area Transportation Board (SCATBD), King County Regional Transportation, and the Transportation Policy Board meet next week. Councilmember Higgins communicated that the Sound Cities Association (SCA) is the umbrella group for 36 cities in King County, which Kent is the largest. The SCA fights to get its fair share of resources from the county, state, and other organizations. He noted that the Board of Directors met last week and the 2015 budget was accepted. He added that the group reviewed their 2014 accomplishments, one which was obtaining new seats on the Puget Sound Air Agency Board of Directors. He noted that they are also working to get more seats allocated on the Puget Sound Regional Council (PRSC) board. He added that the Regional Transit Committee met and postponed the adoption of the King County Metro's crowding standards, in lieu of the reformation of the Regional Transit Task Force that Mayor Cooke served on a few years ago. He stated that the PSRC Ad Hoc Transportation Committee meets this week and will discuss what would happen if the legislature doesn't adopt a transportation package in the 2015 session. Councilmember Fincher communicated that the King Conservation District (KCD) work plan and budget were accepted and passed by the King County Council and their December meeting was cancelled. The next KCD meeting is in June, she said. Councilmember Boyce announced that the Sound Cities Association (SCA) Committee has their next meeting tomorrow. PUBLIC HEARINGS A. None. PUBLIC COMMENT 1. Eric Bernard, Kent -Bernard discussed an increase in property taxes in Kent. He stated that in 2010 the budget was $158 million when the fire department was taken off the books and currently the City's budget is $159 million. He expressed concerns as to why the $25 million cost reduction for the fire department wasn't reflected in the budget. He discussed banked capacity and noted that the City can still levy $2 per $1,000 in property tax assessments. However, he stated that the residents are already paying that to the Regional Fire Authority. 2. Dwayne Pollich, Bothell -Pollich discussed the proposed FM radio station. He noted that he has experience with radio stations and offered his assistance to the City. Mayor Cooke replied that the Council, and she concurred, are not proceeding with having a radio station. Council President Ralph added that the City doesn't have the 2 Kent City Council Meeting Minutes December 9, 2014 budget to fund a study and the City has 18 months to apply for an extension if funds become available. CONSENT CALENDAR Council President Ralph moved to approve Consent Calendar Items A through EE with the removal of Item Z, seconded by Councilmember Thomas. Motion carried 6-0. A. Minutes of Previous Meetings and Workshops -Approve -The minutes of the Council special meeting of October 14, 2014 and the workshop meeting of October 21, 2014 were approved. B. Approval of Bills -Payment of the bills received through October 15 and paid on October 15 after auditing by the Operations Committee on November 18, 2014 were approved. Payment of the bills received through November 15 and paid on November 15 after auditing by the Operations Committee on December 2, 2014 were approved. C. Excused Absence for Councilmember Deborah Ranniger - Approve - The Council approved an excused absence for Councilmember Ranniger as she was unable to attend the City Council meeting of December 9, 2014. D. Appointments to Land Use &Planning Board -Confirm -The Council confirmed the Mayor's appointment of Binoy Varughese and reappointment of Randall Smith and Jack Ottini to the Land Use & Planning Board, E. Resolution Authorizing Investment of Available Monies in the Local Government Investment Pool - Adopt - Resolution No. 1901, authorizing the investment of City of Kent monies into the local government investment pool was adopted. F. 2015 State Legislative Agenda -Approve -The Mayor was authorized to approve the 2015 Legislative Agenda. G. Consolidating Budget Adjustment Ordinance for Adjustments Between July 1, 2014 and September 30, 2014 -Adopt -Ordinance No. 4130, approving the consolidating budget adjustment ordinance for adjustments made between July 1, 2014, and September 30, 2014, reflecting an overall budget increase of $10,777,812 was adopted. H. 2014 - 2017 Administrative Services Agreement with Vision Service Plan - Authorize -The Mayor was authorized to sign athree-year Agreement with Vision Service Plan to administer the City 's self -insured vision plan, with an estimated annual cost inclusive of vision claims and administrative fees of $115,000, subject to final contract terms and conditions acceptable to the Human Resource Director and the City Attorney, and ratify all acts consistent with the Agreement and this authorization. I. 2015 - 2017 Administrative Services Agreement with Delta Dental of Washington -Authorize -The Mayor was authorized to sign athree-year Dental 3 Kent City Council Meeting Minutes December 9, 2014 Care Service Contract with Delta Dental of Washington to administer the City's self - insured plan for dental services with an estimated annual cost inclusive of dental claims and administrative fees of $868,277, subject to final contract terms and conditions acceptable to the Human Resource Director and the City Attorney. J. 2015 Medical Coverage Renewal Agreement with Group Health Cooperative - Authorize - The Mayor was authorized to sign a contract renewal for medical coverage with Group Health Cooperative during 2015 in an amount not to exceed $510,000, subject to final contract renewal terms and conditions acceptable to the Human Resource Director and the City Attorney. K. 2015 - 2017 Administrative Services Agreement with Premera Blue Cross - Authorize - The Mayor was authorized to sign a three-year Administrative Services Agreement with Premera Blue Cross to administer the City's self -insured plan for medical care, with an estimated annual cost inclusive of medical claims and administrative fees of $8,900,000, subject to agreement terms and conditions acceptable to the Human Resource Director and the City Attorney. L. Millennium Ridge Final Plat- Approve -The Council approved the final plat mylar for Millennium Ridge and authorized the Mayor to sign the mylar. M. State Environmental Policy Act (SEPA) Amendments, Ordinance -Adopt - Ordinance No. 4131, amending the Kent City Code to update the City's base exemption thresholds related to minor new construction under the State Environmental Policy Act was adopted. N. 2015 Water Treatment Chemical Supply Contract with JCI Jones Chemical, Inca - Authorize - The Mayor was authorized to sign the 2015 Water Treatment Chemical Supply Agreement with JCI Jones Chemicals Inc. for gas chlorine and sodium hydroxide in an amount not to exceed $93,981.20, subject to final terms and conditions acceptable to the City Attorney and Public Works Director, O. 2015 Water Treatment Chemical Supply Contract with Cascade Columbia Distribution -Authorize -The Mayor was authorized to sign the 2015 Water Treatment Chemical Supply Agreement with Cascade Columbia Distribution for Sodium Fluoride in an amount not to exceed $34,000,00, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. P. 2015 Business &Occupation (B&O) Project List -Approve The Council approved the street improvement project list recommended by the Public Works Director and payment of these project costs, except as may be supplemented by grant funds or additional Council authorization, from the 2015 Business and Occupation Tax receipts. Q. Puget Sound Energy (PSE Construction Agreement for James/Russell Road Levee Improvements -Authorize -The Mayor was authorized to sign two cost revision change orders with Puget Sound Energy for the James Street/Russell Road Realignment Project, upon terms acceptable to the Public Works Director and City Attorney 0 Kent City Council Meeting Minutes December 9, 2014 R. Consultant Services Agreement with Shannon at Wilson, Inc. for the Mill Creek Re-EstablA ishment Project - uthorize - The Mayor was authorized to sign a Consultant Services Agreement with Shannon & Wilson, Inc. in an amount not to exceed $49,892 for wetland and stream delineation and biological evaluation services for Mill Creek, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. S. Consultant Services Agreement with AMEC Environment and Infrastructure for a Sediment Study for the Mill Creek Re -Establishment Project - Authorize - The Mayor was authorized to sign a Consultant Services Agreement with AMEC Environment and Infrastructure in an amount not to exceed $83,911 for a sediment study of Mill Creek, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. T. 2014 Thermoplastic Markings Project -Accept as Complete -The Mayor was authorized to accept the 2014 Thermoplastic Markings as complete and release retainage to Apply -A -Line, Inc., upon receipt of standard releases from the state and the release of any liens. U. 2014 Asphalt Overlays Project -Accept as Complete -The Mayor was authorized to accept the 2014 Asphalt Overlay Project as complete and release retainage to Icon Materials Inc., upon receipt of standard releases from the state and the release of any liens. V. 2015 - 2017 Indigent Counsel Agreement -Authorize -The Mayor was authorized to sign the Agreement for indigent defense services with Stewart MacNichols Harmell, Inc., P.S., subject to final terms and conditions acceptable to the Parks Director and the Human Services Division's advising attorney. W. Interlocal Agreements with Maple Valley for Court and Jail Services - Authorize -The Mayor was authorized the Mayor to sign the Interlocal Agreements between the City of Maple Valley and the City of Kent for both Jail and Municipal Court Services, subject to final terms and conditions acceptable to the City Attorney. X. 2014 4Culture Sustained Support Grant Agreement -Authorize -The Mayor was authorized to accept the Sustained Support Grant Agreement from 4Culture in the amount of $17,000 to support the Kent Arts Commission's 2014 programs, to sign all necessary grant documents, and to amend the budget and authorize expenditure of the funds in accordance with final grant terms and conditions acceptable to the Parks, Recreation and Community Services Director and City Attorney. Y. Performance - Based Contract with McKinstry Essention, LLC, Ener Services for HVAC at Riverbend Golf Complex -Authorize -The Mayor was authorized to sign the Energy Services Performance -Based Contract with McKinstry Essention, LLC, in an amount not to exceed $752,796, subject to final terms and conditions acceptable to the Parks, Recreation and Community Services Director and City Attorney. Kent City Council Meeting Minutes December 9, 2014 AA. 2015 - 2016 State Lobbyist Consultant Services Agreement with Outcomes by Levy, LLC - Authorize - The Mayor was authorized to sign a Consultant Services Agreement for lobbying services during the 2015 - 2016 legislative sessions with Outcomes by Levy, L.L.C., in an annual amount of $69,600, plus agreed upon expenses, subject to terms and conditions acceptable to Administration and the City Attorney. BB. Wilson Playfields Synthetic Turf Replacement Project -Accept as Complete - The Mayor was authorized to accept as complete, the Wilson Playfields Synthetic Turf Replacement project and release retainage funds in the amount of $79,504.21 to King County Director's Association. CC. Boeing Secondary Levee and Floodwall -Accept as Complete -The Mayor was authorized to accept the Boeing Secondary Levee and Floodwall as complete and release retainage to Quigg Brothers, Inc., upon receipt of standard releases from the state and the release of any liens. DD. SR 516 to S 231st Way Levee Improvements -Accept as Complete -The Mayor was authorized to accept the SR 516 to S. 231st Way Levee Improvements as complete and release retainage to SCI Infrastructure, LLC upon receipt of standard releases from the state and the release of any liens. EE. Consultant Services Agreement with GeoEngineers, Inc. for Geotechnical Services Phase I & II of the S 224th Street Corridor Project - Authorize - The Mayor was authorized to sign the Consultant Services Agreement with GeoEngineers, Inc. in an amount not to exceed $98,937 to provide geotechnical services for the South 224th Street Improvement Project, subject to final terms and conditions acceptable to the Public Works Director and City Attorney. OTHER BUSINESS A. Ordinance Acknowledging the Merger of tw telecom, inc. and Level 3 Communications -Introduce -Tom Brubaker, City Attorney highlighted the item. He noted that the two companies are merging and under federal law the item must be introduced and adopted at two separate Council meetings. He added that no franchise conditions change under the current agreement. B. Puget Sound Emergency Radio Network Interlocal Agreements -Authorize - Tom Brubaker, City Attorney communicated that currently in King County the various public safety agencies don't operate under the same radio bandwidth, nor do they have the same systems. This proposal is from all the 911 public safety providers in King County to create a new unified bandwidth radio communication system called the Puget Sound Emergency Radio Network. He added that this system will give a single bandwidth throughout the county so if there is an emergency all the agencies can communicate with each other and provide assistance. This proposal is subject to the passing of a $225 - $250 million bond measure this spring to complete this project. He stated that the Council has two agreements to consider. One is an implementation agreement which, if the bond passes, operates between the various parties to buy, build, and design the radio network. The second document is a Kent City Council Meeting Minutes December 9, 2014 memorandum of agreement which stipulates some of the basic tenants on now the cities involved will operate. He noted that there are essentially only four parties involved in this agreement, 1) Valley Communications Center, which represents Kent, Auburn, Renton, Tukwila, and Federal Way, 2) Eastside Public Safety Communications Agency (EPSCA), which represents Bellevue, Redmond, Kirkland, Mercer Island, and Issaquah, 3) King County, and 4) the City of Seattle. Councilmember Higgins confirmed that this isn't obligating any City funds at this time. He added that all of this is contingent on the passing of the bond. Brubaker also explained that if the bond does pass the cost of maintenance to the system is about $250,000 per year and he guessed that the cost is more than the City pays now, but the system will be substantially better. Brubaker noted that the cost of the system would be spread throughout all of the cities in King County. Councilmember Thomas authorized the Mayor to sign the implementation interlocal agreement and the operational Memorandum of Agreement for the Puget Sound Emergency Radio Network, subject to final terms and conditions acceptable to the City Attorney, seconded by Councilmember Boyce. Motion carried 6-0. C. General Commercial -Mixed Use (GC -MU) Zoning Code Amendment, Ordinance - Adopt - Ben Wolters, Economic and Community Development Director introduced this proposed change based on some recent changes in the real estate market. He noted that the goal of this is to preserve options for future growth within downtown Kent in a mixed use variety. Wolters stated that as a part of the Downtown Strategic Action Plan the Council adopted a zoning code amendment to reduce the minimum amount of commercial development required within the mixed use zoning from 25 percent to 5 percent. Additionally, the boundary of downtown was expanded further west to include the area around Washington Boulevard. At that time, he said the presumption was that commercial development would be the primary need. Now, based on a change in the marketplace, multifamily housing could outpace commercial development to the west. He noted that it is important to preserve general commercial mixed use (GC -MU) and highlighted the Kmart site as a possible site for this type of development. He recommended the commercial development requirement be moved back to 25 percent. Erin George, Senior Planner communicated that the 25 percent is calculated as a percentage of gross floor area. She added that commercial and residential could be in separate buildings on one site. She summarized that this proposal is to increase the minimum commercial requirement in the general commercial mixed use zone back to 25 percent in downtown only and all of the other GC -MU areas outside of downtown would have a 5 percent commercial requirement. Wolters explained that this is on other business because it has been approved by the Land Use &Planning Board and it was briefed to the Economic and Community Development Committee which was scheduled to have a meeting but this would have been the only agenda item. Therefore, based on the marketplace and the sensitivity the decision was to bring this to the Council under Other Business. 7 Kent City Council Meeting Minutes December 9, 2014 Council President Ralph thanked the staff and confirmed that there wasn't any public comment and passed the Land Use & Planning Board unanimously. Councilmember Boyce moved to adopt Ordinance No. 4132, amending KCC 15.04.200, entitled "Mixed Use Overlay Development Standards," with related amendments to the definition of "mixed use development" in KCC 15.02.260, seconded by Councilmember Higgins. None. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES A. Council President. Council President Ralph discussed the workshop discussions. She said the power outage that occurred on November 11 which shut down the City's information technology system was discussed, to include lessons learned and what can be done going forward. The second item, she stated, was the Public Facilities District Contingent Loan and Support Agreement. She said this is an accounting item relating to ShoWare Center. The Public Facilities District that was formed as a part of the building of ShoWare and whether or not the money that is being put into the ShoWare Center to help support the debt payment is a subsidy from the City or a loan the Public Facilities District has that the City needs to address repayment. She noted that this a fairly complicated issue, but the bookkeeping outcome is that if it is debt it needs to be reported as such in the budget and if it is not going to be paid back to the City it needs to be reported as such. B. Mayor. C. Administration. Chief Administrative Officer Derek Matheson communicated that there will be an executive session for twenty minutes. D. Economic &Community Development Committee. In the minutes. E. Operations Committee. In the minutes. F. Parks and Human Services Committee. No report. G. Public Safety Committee. No report. H. Public Works Committee. In the minutes. I. Regional Fire Authority. No report and no meeting in December. EXECUTIVE SESSION At 8:02 p.m., Mayor Cooke reconvened the regular meeting and announced that the Council would recess into an Executive Session for twenty minutes to discuss property negotiation as per RCW 42.30.110(1)(c). Kent City Council Meeting Minutes December 9, 2014 At 8:22 p.m., Mayor Cooke extended the Executive Session ten minutes. At 8:25 p.m., the Executive Session concluded and Mayor Cooke reconvened the regular meeting. ACTION AFTER EXECUTIVE SESSION A. Property Negotiation, as per RCW 42.30.110(1) (c) -There was no action taken after the Executive Session. ADJOURNMENT The meeting adjourned at 8:26 p.m. z 000 Ronald F oor MC / City Clerk E