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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 03/20/2001 (2) Kent, Washington March 20, 2001 The regular meeting of the Kent City Council was called to order at 7 : 05 PM by Mayor Pro Tem Leona Orr. Councilmembers present : Amodt, Brotherton, Clark, Epperly, Woods, and Yingling. Others present : Chief Administrative Officer McFall, City Attorney Lubovich, Police Chief Crawford, Fire Chief Angelo, Deputy Chief Administrative Officer Martin, Public Works Director Wickstrom, and Planning Manager Satterstrom. Approximately 100 people were at the meeting. Mayor White was absent . CHANGES TO THE AGENDA Item 7C, Emergency Water Supply Declaration, was added under Other Business. Motorcycle Awareness was added by Councilmember Amodt under Public Communications; Memorial on East Valley Highway and Cross Walk Safety were added under Public Communications at the requests of audience members . Continued Communications Items 11A and 11B were added at the request of audience members . PUBLIC COMMUNICATIONS Memorial on East Valley Highway. Heike Werlinger, 11801 SE 157th, Renton, read a letter to Councilmembers regard- ing the accident on February 15, 2001, that killed her husband while he was riding his motorcycle to work on East Valley Highway. She asked for a more lasting memorial at the site of the accident and that the case not be filed and forgotten, but that the other driver be charged with the crime he committed. Steve Cook of Burien, director of a Seattle chapter of the Harley group, thanked the Council for allowing the group to be there. He asked that the memorial be allowed so the family could grieve in a proper way, and for any support in turning the case over to a prosecuting attorney. Karen Bolvn, Washington Road Riders Association, asked for clarification on whether the family and friends would be able to leave flowers that would remain at the accident site. Mayor Pro Tem Orr said the issue was resolved providing a memorial wasn' t oversized to the point it was distracting to drivers . Amodt expressed that Mayor White and Deputy City Attorney Tom Brubaker 1 Kent City Council Minutes March 20, 2001 PUBLIC COMMUNICATIONS had provided approval to a memorial in their discussions with her last week. John Harris, 26931 46th Ave. South, Kent, complained there were no restrictions for a memorial on Highway 99 for a slain Des Moines police officer, and asked if "blue" was better than "black" . Orr responded that Des Moines was a different city and may have different requirements . Every city has different requirements which have nothing to do with a person' s occupation. On behalf of the Council, Orr extended her sorrow for Mrs . Werlinger' s loss . She recommended that the questions and issues go through the Public Safety and Public Works Committees, and asked the Public Works and Public Safety Committee Chairs for concurrence on bringing the issue to the next committee meetings. Clark and Epperly agreed that the issue would be addressed at the first Public Works and Public Safety meetings in April . Motorcycle Awareness, Councilmember Amodt, as a motorcycle Harley owner who had lost several friends in car/motorcycle accidents, asked all citizens to become aware of motorcyclists and bicyclists as they drive . Cross Walk Safety. Nancy Martin, 23538 55th Avenue, Kent, said cross walk signage was not conducive for people walking or biking and asked for a change to make it safer. Orr advised Ms . Martin to leave her address for notification of upcoming Committee meetings . Dr. Priscilla Bell, President, Highline Community College. Orr explained that Dr. Bell was ill and wouldn' t be at the meeting. CONSENT CALENDAR WOODS MOVED to approve Consent Calendar Items A through J. Clark seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 6A) Approval of Minutes. APPROVAL of the minutes of the regular Council meeting of March 6, 2001 . 2 Kent City Council Minutes March 20, 2001 WATER (OTHER BUSINESS - ITEM 7C) (ADDED ITEM) Emergency Water Supply Resolution. A staff presentation was made by Public Works Director Wickstrom, who said in light of the potential water shortage this coming summer, a declared emergency would allow implementation of four projects without having to go through a competi- tive bidding process which could take weeks and be critical to the situation. The projects are a replace- ment well at the 212th/Valley Freeway facility, purchases for a supplemental well where the drilling contract had previously been awarded at the Kent Springs source, retention of an intertie with Auburn, and a potential intertie with the Soos Creek Sewer and Water District . The projects may reduce mandatory conservation requirements . CLARK MOVED passage of Resolution No. 1584 declaring an emergency in waiving public bidding requirements and authorizing the construction of certain water supply projects . Epperly seconded. Clark reiterated the need to get the accommodations taken care of as quickly as possible because of the approaching water supply problem that would have a number of effects this summer. Clark' s motion then carried. URBAN SEPARATORS (PUBLIC HEARING - ITEM 5A) Renewal of Urban Separator Moratorium. Staff presentation by Lubovich explained that the moratorium passed in October relating to the Urban Separator issue would expire April 2nd. The Urban Separator policy ordinance to be considered under Other Business would take effect after the expiration of the moratorium. The purpose of the moratorium extension would be to extend the moratorium for six months or the effective date of an ordinance adopted establishing the Urban Separators, which, if adopted tonight, would be 30 days from today. ORR DECLARED THE PUBLIC HEARING OPEN: Speaking with thanks and in support of the Planning Committee' s recommendation and the moratorium were Joe Miles, president of Friends of Soos Creek Park, 24639 156th Avenue SE, Kent; Mark Emlay, 24625 148th Avenue SE, Kent, 3 Kent City Council Minutes March 20, 2001 URBAN SEPARATORS on behalf of the 148th lane property owners' association; Sally Nearv, 1190 Union Avenue NE, Renton; Rita Bailie, 20607 101at Avenue SE, Kent, on behalf of Rainier Audubon Society; Tom Sharp, 24254 143rd SE, Kent; Bob Nelson, 24048 156th Avenue SE, Kent; Shelly Bauer, 26203 1318t Pl . SE, Kent, representing the Sierra Club; and John D'vorak, 24128 145th Avenue SE, Kent . WOODS MOVED to close the Public Hearing. The motion was seconded by Clark and carried. BROTHERTON MOVED to adopt Resolution No. 1583 renewing the moratorium relating to urban separators. Woods seconded and the motion carried. (OTHER BUSINESS - ITEM 7A) Urban Separators. A correction to the ordinance was made by Lubovich: the second Exhibit B should be removed from the ordinance because of a typographical error. BROTHERTON MOVED to adopt Ordinance No. 3551 relating to Urban Separators providing for text and map amendments to the Comprehensive Plan and Zoning Code, and text amendments to the Subdivision Code, and to rezone to SR-1 those properties within the Urban Separator that currently are zoned higher than SR-1 . Woods seconded the motion. Clark commented that there had never been any question in Council' s mind whether there would be an Urban Separator. A number of issues had to be worked through, and the very broad testimony that was brought forth before the Land Use and Planning Committee showed a thorough examination of a number of those issues. The Urban Separator is the creation of something that future generations will enjoy, and it also preserves our own heritage . Woods commented that the finished product was a testimony to all the work from staff, the citizens, and the Council . Brotherton noted that one of the most important jobs of the Council was stewardship and he was proud of all the work done on the issue . 4 Kent City Council Minutes March 20, 2001 URBAN SEPARATORS Orr pointed out a housekeeping item on Page 6 of the Ordinance, Section 4, Sec . 12 . 04 . 025 Definitions : cul de sac should be italicized to show the word as being defined; also the same definition is given for Final Approval and Final Plat and wording should be clarified. Lubovich said the Final Approval section could be removed; the definition was correct for Final Plat . There were no objections from Council to the change . Brotherton' s motion was then voted on as amended and carried. COMPREHENSIVE PLAN AND ZONING AMENDMENTS (OTHER BUSINESS - ITEM 7B) Cairnes (#CPA-99-3 (1) /#CPZ-99-1) and Pacific industries (#CPA-99-3 (D) #CPZ-99-4) Comprehensive Plan and Zoning Amendments. Staff presentation by Planning Manager Satterstrom emphasized that both amendments should be recommended for denial to be consistent with the action just taken on Urban Separators . BROTHERTON MOVED to approve the Planning Committee' s recommendation of DENIAL of Cairnes and Pacific Industries Comprehensive Plan and Zoning Amendments. Woods seconded the motion. Clark commented that the Pacific Industries amendment was in trouble from the beginning because of the natural restraints on the land. The Cairnes property presented a problem of spot zoning which could not be defended or practiced. Amodt said she had looked at both properties and had mixed feelings. She was in support of the recommendation at this time, but thought the westerly and southerly portions of the Johnson property should be looked at again in the future. Brotherton' s motion was then voted on and carried. COMMUTE TRIP REDUCTION (CONSENT CALENDAR - ITEM 6F) F1exPass Program Agreement, Commute Trip Reduction. AUTHORIZATION for the Mayor to sign a one-year agreement for the sale of F1exPass, a King County/Sound Transit Commute Trip Reduction program, to all benefited employees . The F1exPass Program allows for benefited employees to choose from a variety of non-single 5 Kent City Council Minutes March 20, 2001 COMMUTE TRIP REDUCTION occupancy vehicle commute options provided by Sound Transit and King County. HEALTH CONTRACTS (CONSENT CALENDAR - ITEM 6G) Premera Blue Cross/Group Health Contracts for 2001. AUTHORIZATION for renewal of the annual Premera Blue Cross administrative agreement and Group Health Cooperative health care contracts for 2001 . FREEDOM OF INFORMATION ACT (CONTINUED COMMUNICATIONS - ITEM 11A) Freedom of Information Act. Ted Kogita, 25227 Reith Road, Kent, presented a summon of complaint package to Brent McFall . Kogita said the Mayor and Council intimidates our use of the Freedom of Information Act . They hired a high-powered law firm to attack attorney Hollis Duncan for a sum of $350 for using the Freedom of Information Act to gain the facts about his client' s case involving the City of Kent . Duncan paid for 8 of the 10 sets of documents . The City refused to allow Duncan to inspect the contents before accepting the information. Kogita stipulated that the City was sending a message to the citizens to not file anymore freedom of information forms . (CONTINUED COMMUNICATIONS - ITEM 11B) Freedom of Information Act. Joe Rubio, 3831 S . 248th, Kent, said he was disturbed when he went to the hearing for Hollis Duncan because the City was spending taxpayer money to pay five private attorneys to get a little over $300 in return. Hiring the attorneys cost more money than the City would get back. Brotherton commented that the concern raised of whether the City was using its money properly was valid. He asked McFall for details on the Freedom of Information Act requests that have been made over the last year. McFall responded that the costs associated with responses to public document requests is extraordinary compared to what can actually be collected. The cost of copying can be recovered, but the cost of staff time associated with collecting and preparing the documents cannot . The City, over the last year, has spent in 6 Kent City Council Minutes March 20, 2001 FREEDOM OF INFORMATION ACT excess of $100, 000 in staff time to respond to the various requests, which is a dramatic increase from past years . In answer to Brotherton' s question about additional staff added to the budget to handle the extra data and copying, McFall said one staff position had been added in the City Clerk' s Office to deal specifically with public document requests. Brotherton stressed that some of the documents ordered by Duncan were not picked up which was a large part of the complaint . The City was spending a lot of money on requests that were made without the data being taken, so part of the lawsuit was to seek injunctive relief from frivolous misuse . Yingling asked what percentage of all of the public document requests in the last year were from Duncan. McFall said it was well in excess of 50% . INFORMATION TECHNOLOGY (CONSENT CALENDAR - ITEM 6D) Finance, HR, Payroll Citrix Servers. AUTHORIZATION for the Mayor to sign a purchase order payable to Technology Express in the amount of $64, 997 . 10 for 5 HP NetServer computers and a purchase order payable to En Point Technologies in the amount of $24, 033 . 18 for Citrix Metaframe software . (CONSENT CALENDAR - ITEM 6E) Document Management System Purchase. AUTHORIZATION for the Mayor to sign contracts with FYI Image for the purchase of document imaging software and implementation services subject to City Attorney approval of contract documents . GRANT ACCEPTANCE (CONSENT CALENDAR - ITEM 6H) Evac-U-Splints Purchase. AUTHORIZATION to accept grant funds in the amount of $1, 200 from the State of Washington. The funds may be used to help meet requirements to provide trauma care services, and the Fire Department proposes to use the funds to purchase Evac-U-Splints . 7 Kent City Council Minutes March 20, 2001 PARKS, RECREATION AND COMMUNITY SERVICES (CONSENT CALENDAR - ITEM 6I) Service Club Ballfields Donations. ACCEPT AND AMEND BUDGET as recommended by the Parks Director for the $5, 000 donation from Kiwanis Club of Kent and the $8, 750 donation from the Kent rotary Club designated for the Service Club Ballfield project . (CONSENT CALENDAR - ITEM 6J) Allocation of Additional 2001 CDBG Program Funds. ACCEPT AND APPROPRIATE as recommended by the Parks Director the additional funds from King County for the Community Development Block Grant Program. The City of Kent Human Services Division received an extra $95, 268 from the King County CDBG Program to be allocated to current programs within the City. FINANCE (CONSENT CALENDAR - ITEM 6B) Approval of Bills. APPROVAL of payment of the bills received through February 28 and paid on February 28 after auditing by the Operations Committee on March 6, 2001 . Approval of checks issued for vouchers : Date Check Numbers Amount 2/28/01 509200-509471 $ 592 , 041 . 86 2/28/01 509472-509828 1 , 498 , 292 . 77 $2 , 090, 334 . 63 Approval of checks issued for payroll for February 16 through February 28 and paid on March 5, 2001 . Date Check Numbers Amount 3/5/01 Checks 250274-250587 $ 250, 216 . 78 3/5/01 Advices 108173-108869 964 , 221 . 59 $1, 214, 438 . 37 (CONSENT CALENDAR - ITEM 6C) Equipment Rental Budget Change. AUTHORIZATION as recommended by the Operations Committee at their March 6 meeting to replace five police vehicles from the Equipment Rental Fund. There are sufficient reserves of $133, 187 to cover the five vehicles . Two of these 8 Kent City Council Minutes March 20, 2001 FINANCE requested vehicles will replace two which were totaled in accidents; one vehicle is an addition and will become a standby car to ensure uninterrupted police service, and two vehicles are normal replacements of high mileage vehicles . REPORTS Ofterations Committee. Yingling noted that the Operations Committee now meets at 4 : 00 PM on the first and third Tuesdays of each month. Planning Committee. Brotherton said the Planning Committee would meet on April 16th rather than April 2nd. Administrative Reports. McFall reminded Council of an executive session regarding pending litigation and said potential action by the Council was anticipated at conclusion of the executive session. EXECUTIVE SESSION At 7 : 55 PM the meeting recessed into Executive Session. The meeting reconvened at 8 :25 PM. Pending Litigation. YINGLING MOVED to authorize the City of Kent to indemnify and defend Brent McFall, Roger Lubovich, Thomas Brubaker, Arthur Fitzpatrick, and Eddy Chu against all expenses, fees, judgments, fines, and amounts paid in settlement actually and reasonably incurred by them in connection with a third party complaint filed by Hollis Duncan or any other matter that may be filed by Mr. Duncan and his clients related to public document requests in the matter of Kent vs . Duncan, King County Superior Court Cause No. 012064193KNT. Woods seconded the motion. Amodt recused herself from the vote because Mr. Duncan at one time had been her attorney. Yinglings' motion then carried with Amodt abstaining. YINGLING MOVED that the City after having received a full explanation by independent counsel of the potential conflicts that may arise in the matter of Kent vs. Duncan, waives any conflict of interest that may arise and to further authorize the firm of Keating, Bucklin and McCormick to continue in such representation of the 9 Kent City Council Minutes March 20, 2001 EXECUTIVE SESSION City as well as representation of the individuals named in a third party complaint filed by Mr. Duncan and to have the Mayor and Council President sign the conflict of interest letter from the firm of Keating, Bucklin and McCormick dated March 15, 2001 . Woods seconded the motion. Amodt recused herself from the vote because Mr. Duncan had once been her attorney. Yingling' s motion then carried with Amodt abstaining. ADJOURNMENT At 8 :27 PM, Epperly moved to adjourn the meeting. Woods seconded and the motion carried. zw r/`Jackie Bicknell City Council Secretary 10