HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 04/03/2001 (2) Kent, Washington
April 3 , 2001
The regular meeting of the Kent City Council was called to order
at 7 : 00 p.m. by Mayor White. Councilmembers present : Amodt,
Brotherton, Clark, Epperly, Orr, Woods and Yingling. Others
present : Chief Administrative Officer McFall, City Attorney
Lubovich, Police Chief Crawford, Fire Chief Angelo, Deputy
Assistant Chief Administrative Officer Martin, Public Works
Director Wickstrom, Planning Manager Satterstrom, Finance Director
Miller and Parks, Recreation and Community Services Director
Hodgson, Approximately 70 people were at the meeting.
CHANGES TO THE AGENDA
McFall requested that Kentview (Pod H) Comprehensive
Plan and Zoning Amendments be added to the agenda.
There was no objection and it was added as Other
Business Item 7B.
Robert O 'Brien and Ted Kogita requested that items
regarding the use of taxpayer money be added to the
agenda. There were no objections and the items were
added as Continued Communications Items 11A and 11B.
PUBLIC COMMUNICATIONS
King County Councilmember Les Thomas. Mayor White
announced that Mr. Thomas is unable to attend this
meeting and will attend a future meeting.
Kent Sister City Association Youth Art Awards. Joanne
Schaut, International Program Coordinator, introduced
the winners of the Kent Sister City Association Youth
Art Awards, who displayed their artwork. She also
introduced representatives from four of Kent ' s Sister
Cities . Mayor White commended the students and the
Sister Cities Association.
Employee of the Month. Mayor White announced that Tammy
Johnson of Public Works Operations has been chosen as
April Employee of the Month. He noted that Ms . Johnson
takes great pride in her work and is eager to help
others .
National Disaster Preparedness Month. The Mayor read a
proclamation noting that citizens need to be prepared
to be self-sufficient for at least three days after a
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Kent City Council Minutes April 3 , 2001
PUBLIC COMMUNICATIONS
natural or man-made disaster and that City employees
should be prepared so they can continue to provide vital
services. He proclaimed the month of April 2001 as
National Disaster Preparedness Month in the City and
encouraged citizens to increase their awareness of
safety measures . Fire Chief Angelo expressed thanks for
Council ' s support of emergency management training.
Equal Pay Day. Mayor White read a proclamation stating
that women earned 72C for every dollar earned by men in
1999 and encouraged employers to review their pay
practices related to pay equity. He declared April 3 ,
2001 as Equal Pay Day and presented the proclamation to
Judy Dries of Soroptimist, who encouraged citizens to
contact their legislators .
CONSENT CALENDAR
ORR MOVED to approve Consent Calendar Items A through T.
Woods seconded and the motion carried.
MINUTES
(CONSENT CALENDAR - ITEM 6A)
Approval of Minutes. APPROVAL of the minutes of the
regular Council meeting of March 20, 2001 .
BILLS OF SALE
(CONSENT CALENDAR - ITEM 6C)
Kentview Pod A Bill of Sale. ACCEPT the Bill of Sale
for Kentview Pod A submitted by KV Homes A, LLC for
continuous operation and maintenance of 2, 510 feet of
sanitary sewers and release of bonds after the expira-
tion period, as recommended by the Public Works
Director. The project is located west of Frager Road
and south of South 216th
(CONSENT CALENDAR - ITEM 6D)
Kentview Pod B Bill of Sale. ACCEPT the Bill of Sale
for Kentview Pod B submitted by KV Townhomes B, LLC for
continuous operation and maintenance of 1, 136 feet of
sanitary sewers and release of bonds after the expira-
tion period, as recommended by the Public Works
Director. The project is located west of Frager Road
and south of South 216th Street .
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Kent City Council Minutes April 3 , 2001
BILLS OF SALE
(CONSENT CALENDAR - ITEM 6E)
Safeguard Self Storage II Bill of Sale. ACCEPT the Bill
of Sale for Safeguard Self Storage II submitted by
Plemmons Industries, Inc. for continuous operation and
maintenance of 805 feet of watermain, 25 feet of storm
sewers and release of bonds after the expiration period,
as recommended by the Public Works Director. The
project is located at 422 Washington Avenue North.
(CONSENT CALENDAR - ITEM 6Q)
Albrech Short Plat Bill of Sale. ACCEPT the Bill of
Sale for Albrech Short Plat submitted by Reichert
Construction, Inc for continuous operation and
maintenance of 350 feet for street improvements and
350 feet of storm sewers and release of bonds after
the expiration period, as recommended by the Public
Works Director. The project is located at 10446 SE
244th Street .
(CONSENT CALENDAR - ITEM 6R)
Hunters Grove II Bill of Sale. ACCEPT the Bill of Sale
for Hunter' s Grove II submitted by Peter Milovsoroff for
continuous operation and maintenance of 252 feet of
sanitary sewer, and release of bonds after the expira-
tion period, as recommended by the Public Works
Director. The project is located at SE 230th Place,
east of 116th Avenue SE.
(CONSENT CALENDAR - ITEM 6S)
Construction Machinery Inc. Bill of Sale. ACCEPT the
Bill of Sale for Construction Machinery Inc . submitted
by Cook Inlet Region Inc. for continuous operation and
maintenance of 420 feet of street improvements, 11 feet
of storm sewers and release of bonds after the expira-
tion period, as recommended by the Public Works
Director. The project is located at 22101 84th Avenue
South.
WATER
(CONSENT CALENDAR - ITEM 6N)
Tacoma 2nd Supply Project Pipe Purchase. AUTHORIZATION
for the Mayor to advise the City of Tacoma to proceed
with the purchase of a sufficient quantity of Second
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Kent City Council Minutes April 3 , 2001
WATER
Supply project water pipe for the early phase portion of
the Second Supply Project, as recommended by the Public
Works Committee.
(CONSENT CALENDAR - ITEM 60)
Tacoma 2nd Supply Public Works Trust Fund Loan
Agreement. AUTHORIZATION for the Mayor to sign the
Public Works Trust Fund Loan Agreement for the Tacoma
Second Supply Project, upon concurrence of the language
therein by the City Attorney and the Public Works
Director, as recommended by the Public Works Committee.
This agreement will be executed if and when the
Legislature passes and the Governor signs SHB 1001,
which authorizes the loan.
(CONSENT CALENDAR - ITEM 6P)
Tacoma 2nd Supply Proiect Memorandum of Agreement.
AUTHORIZATION for the Mayor to execute the Memorandum of
Agreement among the Second Supply Project Participants,
upon concurrence of the language therein by the City
Attorney and the Public Works Director, as recommended
by the Public Works Committee.
TRANSPORTATION
(OTHER BUSINESS - ITEM 7A)
Transportation Improvement Board (TIB) Grant, 277th
Corridor. The Public Works Department has received a
TIB Grant Agreement for the construction phase of the
South 277th Corridor, SR-167 to Auburn Way North. The
Public Works Committee has recommended that the Mayor be
authorized to sign the grant agreement, that staff be
directed to accept the grant, and that a budget be
established for the funds to be used on the South 277th
Corridor, SR-167 to Auburn Way North project .
Upon Clark' s question, Wickstrom explained that bids
will be awarded on May 1st, that construction would
start within a month or two, and that the road between
Auburn Way North and the Valley Freeway will be closed
for through traffic for approximately two years . McFall
pointed out that the amount of the grant is $9, 082 , 000
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Kent City Council Minutes April 3 , 2001
TRANSPORTATION
for assisting in the construction of this project . The
Mayor commended Wickstrom and his staff for taking over
the project from Auburn and for shortening the time
line.
CLARK MOVED that the Mayor be authorized to sign the TIB
Grant Agreement for the S. 277th Corridor, SR-167 to
Auburn Way North, that staff be directed to accept the
grant and that a budget be established for the funds to
be used on the S. 277th Corridor project . Orr seconded
and the motion carried.
HAZARDOUS WASTE
(CONSENT CALENDAR - ITEM 6I)
Seattle/King County Hazardous Waste Management Grant
Agreement. AUTHORIZATION for the Mayor to sign the
Seattle/King County Hazardous Waste Management Grant
Agreement, direct staff to accept the grant and esta-
blish a budget for $39, 421 . 00, as recommended by the
Public Works Committee. This grant funds the two city-
wide Household Hazardous Waste Collection and Recycling
Events .
RECYCLING
(CONSENT CALENDAR - ITEM 6H)
King County Recycling Grant Agreement. AUTHORIZATION
for the Mayor to sign the King County Recycling Grant
Agreement, direct staff to accept the grant and esta-
blish a budget for $117,208 . 00, as recommended by the
Public Works Committee . This grant funds the City' s
Optional Recycling Events and Business Recycling
Program.
BOUNDARY
(CONSENT CALENDAR - ITEM 6J)
42nd Avenue South Boundary Lines. PASSAGE of Resolution
No. 1585 providing for modification of the boundaries
along 42nd Avenue South, and authorizing the Mayor to
execute an agreement with the City of SeaTac to adjust
the common boundary lines along said right-of-way, as
recommended by the Public Works Committee.
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Kent City Council Minutes April 3 , 2001
PLAT
(CONSENT CALENDAR - ITEM 6K)
Pacific Parke Final Plat (FSU-98-13/KIVA #2003099) .
APPROVAL of Staff ' s recommendation of approval with
conditions of the Pacific Parke Final Subdivision and
authorization for the Mayor to sign the final plat
mylar.
This application was submitted by Pacific Industries .
The Hearing Examiner issued the Findings with conditions
on the preliminary plat on July 31, 1999 .
ANNEXATION
(CONSENT CALENDAR - ITEM 6T)
DeMarco Annexation (AN-2000-1) . ACCEPTANCE of the
annexation petition for the proposed DeMarco Annexation,
which has been signed by the owners of at least 60% of the
assessed valuation of the proposed annexation area and
direction to staff to prepare and file a "Notice of
Intent" for the proposed DeMarco Annexation with the
County Boundary Review Board. On November 21, 2000, the
Council received a valid notice of intent to form the
annexation area, which was signed by owners of not less
than 10% of the assessed property valuation within the
proposed DeMarco Annexation area. As with other City
annexations, the proposed annexation area will be subject
to assumption of its proportionate share of the City' s
existing indebtedness.
COMPREHENSIVE PLAN
(OTHER BUSINESS - ITEM 7B)
(ADDED ITEM)
Kentview (Pod H) Comvrehensive Plan & Zoning Amendments
CPA-2000-2 (A) /CPZ-2000-1. McFall explained that Pod H
was tabled at a previous Council meeting pending review
of the City' s agricultural land use plan and policy. He
said the Land Use and Planning Board has requested more
time to analyze the overall policy and staff recommends
that the Kentview Pod H plan amendment application be
removed from the table and referred to the Land Use and
Planning Board for a recommendation. BROTHERTON MOVED
to remove the matter of Pod H from the table and send it
to the Land Use and Planning Board for further
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Kent City Council Minutes April 3 , 2001
COMPREHENSIVE PLAN
consideration at its earliest possible time . Woods
seconded. Brotherton said that the owners of the land
have changed their proposal, and that the land is
currently unusable for agriculture . His motion then
carried.
TECHNOLOGY
(CONSENT CALENDAR - ITEM 6F)
Document Management System Storage Devices Agreement.
AUTHORIZATION for the Mayor to sign agreements with FYI
Image for the purchase of a High Performance Disk System
and Magneto-Optical Jukebox, subject to City Attorney
approval of the documents, as recommended by the
Operations Committee .
On February 21, 2001, the Information Technology
Department released a Request for Quotes (RFQ) for a
High Performance Disk System and Magneto-Optical
Jukebox. The City received four responses to the RFQ.
However, only one response included all of the specified
components . After reviewing the quotes, the Information
Technology Department recommends awarding the RFQ for a
High Performance Disk System and Magneto-Optical Jukebox
to F.Y. I . Image in the amount of $71, 154 .58 .
(CONSENT CALENDAR - ITEM 6G)
Copier Upgrades in Print Shoo. AUTHORIZATION to
execute lease/rental agreements for new and upgraded
copiers in the print shop. These copiers will increase
flexibility, speed and service to customers and are
within the current operating budget .
PARKS, RECREATION AND COMMUNITY SERVICES
(CONSENT CALENDAR - ITEM 6L)
Interlocal Agreement for Water Fowl Management.
AUTHORIZATION for the Parks Director to enter into an
Interlocal Agreement for waterfowl (Canada Goose)
management to reduce/alleviate property damage and human
health and safety concerns including contamination of
potable water and recreational areas in King County.
Wildlife Services will provide a damage control program,
which will include technical assistance, population
monitoring and control .
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Kent City Council Minutes April 3 , 2001
POLICE
(CONSENT CALENDAR - ITEM GM)
Interlocal Agreement For Valley Special Response Team.
APPROVAL of and authorization to execute the Valley
Special Response Team Operational Interlocal Cooperative
Agreement . The parties to this agreement are the Port
of Seattle and the Municipalities of Auburn, Kent,
Renton, and Tukwila, each of which is a municipal
corporation operating under the laws of the State of
Washington. The purpose of the agreement is to
establish and maintain a multi-jurisdictional Valley
Response Team (Valley SRT) .
FACILITIES
(BIDS - ITEM 8A)
Phase II Parking Lot Expansion Kent Municipal Court and
King County District Court Aukeen Division. The
bid opening was held on March 27 with nine (9) bids
received. Katspan, Inc. was the low bidder at
$264 , 370 . 00, plus Washington State Sales Tax,
The Parks Director recommends contracting with
Katspan, Inc. for the Phase II Parking Lot Expansion
Kent Municipal Court and King County District Court
Aukeen Division. WOODS MOVED to award the Phase II
Parking Lot Expansion an Kent Municipal Court and King
County District Court Aukeen Division, bid to Katspan,
Inc. , in the amount of $264, 370 , plus Washington State
Sales Tax. Brotherton seconded and the motion carried.
FINANCE
(CONSENT CALENDAR - ITEM 6B)
Approval of Bills. APPROVAL of payment of the bills
received through March 15 and paid on March 15, 2001,
after auditing by the Operations Committee on March 20,
2001 .
Approval of checks issued for vouchers :
Date Check Numbers Amount
3/15/01 509829-510114 $1, 374, 828 . 18
3/15/01 510115-510598 1 , 312 , 045 .40
$2, 686, 873 . 58
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Kent City Council Minutes April 3 , 2001
FINANCE
Approval of checks issued for payroll for March 1
through March 15 and paid on March 20, 2001 :
Date Check Numbers Amount
3/20/01 Checks 250588-250920 $ 279, 843 . 65
3/20/01 Advices 108870-109512 1, 021, 715 . 62
$1, 301, 559 .27
(CONTINUED COMMUNICATIONS - ITEM 11A)
(ADDED ITEM)
Use of Taxpayer Funds - Staff. Robert O'Brien, 1131
Seattle Street, suggested looking at reorganizing the
administrative tree since the Chief Administrative
Officer is leaving the City. He said the Chief
Administrative Officer function is a greater salary drag
in the City of Kent than it is in the cities of Seattle
and Portland, and suggested discussing the subject at a
workshop.
(CONTINUED COMMUNICATIONS - ITEM 1113)
(ADDED ITEM)
Use of Taxpayer Funds - Attorney Fees. Ted Kogita,
25227 Reith Road, said the Council voted 6-1 to pay all
attorneys fees and fines for five professional employees
for indiscretion on their jobs. He said the employees
were charged with defamation, interference against
attorney Hollis Duncan for performing his duties to gain
information for his clients, and false litigation.
Kogita said that the City of Kent has paid $80, 000 to
settle McFall ' s indiscretion against his wife, and that
the Mayor and Council authorized paying a possible total
of $1, 750, 000 plus attorneys fees . He said the only
logical reason they agreed to do so seems to be cover-up
or illusion. He demanded that the City Council rescind
the vote to pay all fines and attorneys fees for McFall,
Brubaker, Fitzpatrick, Lubovich and Chu, and said that
suspension without pay until the case is settled should
be the course to take. He said that by voting to pay
the costs, the Mayor and Council acknowledge the
infamous five ' s conduct as City of Kent policy. He
said the citizens of Kent will not stand for a double
standard - one set of rules for blue collar workers and
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Kent City Council Minutes April 3 , 2001
FINANCE
another for professional employees. He asked if the
Council and Mayor could be covering up misdeeds of the
infamous five at taxpayer expense . He stated that the
City of Renton contracts all legal work to keep costs
down, and that the City of Des Moines has one attorney,
but that the City of Kent has three attorneys and still
farms out all litigation. He said the goal of the Mayor
and the Council is more taxes to cover fat City govern-
ment programs, over-bloated administration costs, and
misdeeds by the City' s professional employees . He
concluded with this quote: "If you do not acknowledge
the problem, someone will exploit it . "
REPORTS
Operations Committee. Yingling noted that the Committee
meets on the 1st and 3rd Tuesday of each month at
4 : 00 p.m. , and that the next meeting will be on April
17th.
Public Safety Committee. Epperly noted that the next
meeting will be at 5 : 00 p.m. on April loth.
Parks Committee. Woods announced that the April loth
meeting has been cancelled and that a meeting will be
held on April 24th at 4 : 00 p.m.
Administrative Reports. McFall reminded Councilmembers
of an executive session of approximately ten minutes
regarding pending litigation and said that no action is
expected after the Executive Session.
Fire Chief Angelo invited and encouraged Councilmembers
to attend Community Emergency Response Teams (CERT)
training on Wednesday nights in September.
EXECUTIVE SESSION
The meeting recessed to Executive Session at 7 : 30 p.m.
and reconvened at 7 :44 p.m.
Freedom of Speech. Clark noted that Mr. Kogita has
previously declared that he wants to hold on to his
right to speak, and said he is taken aback with the
approach Mr. Kogita has used. Clark pointed out that
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Kent City Council Minutes April 3 , 2001
O EXECUTIVE SESSION
F there are restraints on freedom of speech, the most
W obvious of which is slander. He explained that from the
LL' public viewpoint, a citizen makes an allegation and the
W
Council does not respond because it has been their
t�.. practice to let the public speak. He stated it is
CDoffensive to have allegations ascribed to the actions of
LLJV W the Council, and not to respect the court process where
W � some of these issues have been hammered out under the
fairest process that this country has created. He said
Z he is serving notice that what has taken place has not
CD
V gone unnoticed and that some choices may have to be made
to protect the truth.
ADJOURNMENT
WOODS MOVED to adjourn at 7 :45 p.m. Yingling seconded
and the motion carried.
Brenda Jac
City Clerk
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