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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 05/01/2001 Kent, Washington May 1, 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, Information Technology Director Mulholland, and Employee Services Director Viseth. Approximately 35 people were at the meeting. CHANGES TO THE AGENDA Woods requested that Item Q be removed from the Consent Calendar and sent to the Parks Committee meeting on May 8th. McFall requested the addition of pending and potential litigation to tonight ' s Executive Session, noting that action may be taken afterward. Wickstrom requested that Item 8B be removed from Bids and deferred to the next Council meeting. Ted Kogita, 25227 Reith Road, requested the addition of City taxes. There was no objection to the addition and removal of these items . City taxes was added as Continued Communications Item 11A. PUBLIC COMMUNICATIONS Service Club Ball Field Recognition. Lori Flemm of the Parks Department noted that the service clubs in Kent have joined together to raise funds to provide ball fields, and that they were able to obtain a $500, 000 grant from the state to help construct them. She expressed thanks to the service club representatives in attendance, representatives from the Rotary Club-Sunrise presented a check for $4, 500 and Lions expressed thanks for the opportunity to make Kent a better place to live. Highline Community College Strategic Plan. The President of Highline Community College, Dr. Priscilla Bell, distributed brochures and a questionnaire to the Mayor and Council and explained some of things going on at Highline which are relevant to issues coming before the City Council . She noted that if funding comes through, a partnership with CWU will open in 2005 . She offered to provide Councilmembers with a copy of the 1996 Strategic Plan, and added that the new Plan will be more specific. 1 Kent City Council Minutes May 1, 2001 PUBLIC COMMUNICATIONS Employee of the Month. Mayor White announced that Michelle Hale of the Emergency Management Unit has been selected as Employee of the Month for May. He noted that Ms. Hale provides training in preparation for disasters, and that she helped us all through the recent terrifying earthquake. He extended congratulations to her. Rachel's Day. Mayor White read a proclamation noting that children today face stresses unknown to previous generations and that mentors are needed to provide love, strength and stability. He proclaimed May 6, 2001, as Rachel ' s Day in the City of Kent and encouraged citizens to educate themselves on the issues affecting youth. Louise Lee accepted the proclamation and commended the service clubs, colleges, mail carriers and City staff for their help. Day of Prayer. Mayor White read a proclamation noting that historically our greatest leaders have turned to prayer in times of crisis and thanksgiving, and pro- claimed May 3, 2001, as Day of Prayer in the City of Kent . He urged all citizens to join in this special observance. Pastor John Jendresen accepted proclamation and said the praying community is thrilled to have a day set aside not only by Congress but by the City of Kent as a day of prayer. He told the Council they are prayed for daily by name and that it is a privilege to do so. Arson Awareness Week. The Mayor read a proclamation declaring the week of May 6-12 , 2001, as Arson Awareness Week in the City of Kent, and noting that many people are injured annually in the City of Kent and that over a million dollars worth of property is destroyed due to arson. He encouraged citizens and employees to be aware, report suspicious activity, and endeavor to reduce the incidence of arson in neighborhoods, businesses, and schools . Fire Chief Angelo expressed thanks for the proclamation and commended fire investigators for their work. Letter Carriers Food Drive. The Mayor read a pro- clamation noting that the National Association of Letter Carriers will sponsor their 9th Annual nationwide food 2 Kent City Council Minutes May 1, 2001 PUBLIC COMMUNICATIONS drive on Saturday, May 12, 2001 . He proclaimed May 12 , 2001 as Letter Carrier' s Food Drive Day in the City of Kent and urged citizens to aid those in need by participating in the drive. Karen Kirkmeyer-Wilson accepted the proclamation, explained how the drive works, and thanked the City for their support. National Softball Association Outstanding Park Award. Lori Flemm of the Parks Department announced that the City of Kent received the award for the best softball complex in the state, which is Russell Road Park. She commended the recreation staff and maintenance staff for their efforts. Mayor White stated that the award is a great reflection of the City' s park system. WRPA Outstanding Facility and Park Award. Lori Flemm announced that the Award of Merit was presented to the City of Kent for the Linda Heights Park Renovation project. She noted that the Parks Department worked with the Public Works Department and the neighbors in the area on this project, and presented the award to Mayor White. CONSENT CALENDAR ORR MOVED to approve Consent Calendar Items A through U, with the exception of Item Q which was removed by Councilmember Woods . Woods seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 6A) A_pvroval of Minutes. APPROVAL of the minutes of the regular Council meeting of April 17, 2001, and approval of a correction to the minutes of April 3, 2001, remov- ing the words EXECUTIVE SESSION from the top of page 11 . BILLS OF SALE (CONSENT CALENDAR - ITEM 6R) Swan Court II Bill of Sale. ACCEPT the Bill of Sale for Swan Court 2 submitted by Dan Swanson for continuous operation and maintenance of 200 feet of watermain, 225 feet of sanitary sewers, 754 feet of street improvements and 391 feet of storm sewers and release of bonds after the expiration period, as recommended by the Public 3 Kent City Council Minutes May 1, 2001 BILLS OF SALE Works Director. The project is located at 112th Avenue S.E. and S .E. 240th Street . (CONSENT CALENDAR - ITEM 6S) Hillside Manor Bill of Sale. ACCEPT the Bill of Sale for Hillside Manor submitted by Ellenswood Corporation for continuous operation and maintenance of 1, 266 feet of watermain, 1, 996 feet of sanitary sewers, 800 feet of street improvements and 1, 003 feet of storm sewers and release of bonds after the expiration period, as recom- mended by the Public Works Director. The project is located at 24411 98th Avenue South. (CONSENT CALENDAR - ITEM 6T) Brossard Short Plat Bill of Sale. ACCEPT the Bill of Sale for Brossard Short Plat submitted by Robinson Homes for continuous operation and maintenance of 180 feet of watermain, 444 feet of sanitary sewers, 500 feet of street improvements and 350 feet of storm sewers and release of bonds after the expiration period, as recom- mended by the Public Works Director. The project is located at 124th Avenue S .E. & S .E. 276th Street . WATER (CONSENT CALENDAR - ITEM 6H) Tacoma Second SuAvly Protect, Amendment to Design Agreement. AUTHORIZATION for the Mayor to sign the Tacoma Second Supply Project, Amendment to Design Agreement subject to, 1) the terms and conditions of the agreement meet with the approval of the Public Works Director and City Attorney and, 2) the Habitat Conservation Plan and the Incidental Take permit have been issued and, 3) that the MOA on the water right issue with DOE be executed or the assurances to the satisfaction of the Public Works Director that it will be executed, 4) confirmation by the Public Works Director that there are no unforeseen issues raised by the Muckleshoot per Kent and CWD moving ahead with the construction of this pipe segment, and, 5) that CWD is an equal financial partner per construction of this pipe segment, as recommended by the Public Works Committee. 4 Kent City Council Minutes May 1, 2001 PUBLIC WORKS (CONSENT CALENDAR - ITEM 6I) Verizon Wireless Access and Utilities Easement. AUTHORIZATION to grant a 30 day revocable license to Verizon Wireless to install antennas on a BP tower on the City' s Clark Springs property subject to the terms and conditions thereof by the Public Works Director, as recommended by the Public Works Committee. (BIDS - ITEM 8B) LID 350 - Big K Sanitary Sewer & Water Main Replacement. This item was removed from the agenda and deferred to the Council meeting of May 15, 2001 . STREETS (CONSENT CALENDAR - ITEM 6K) 132nd Avenue SE & SE 240th Street Condemnation. ADOPTION of condemnation Ordinance No. 3555 for the pur- pose of acquiring a portion of 132nd Ave SE, north of SE 240th Street associated with the Upper Meridian Valley Creek Improvement project, as recommended by the Public Works Committee. This project includes the replacement and/or restoration of culverts and a section of the creek to relieve flooding and restore fish passage. (BIDS - ITEM 8A) South 277th Street Improvement Project. The bid opening for this project was held on April 12th with six (6) bids received. The low bid was submitted by Mid-Mountain Contractors, Inc. in the amount of $24 , 801, 423 . 01 . The Engineer' s estimate was $30, 261, 899. 86 The Public Works Director recommends awarding this project to Mid-Mountain Contractors upon the condition that the Auburn City Council also approve the project award. Wickstrom explained that the contract between Kent and Auburn requires their concurrence. CLARK MOVED that the South 277th Street Improvement contract be awarded to Mid Mountain Contractors, Inc. in the amount of $24, 801,423 . 01 upon the condition that the Auburn City Council also approve the project award. Epperly seconded and the motion carried. 5 Kent City Council Minutes May 1, 2001 STREET VACATION (CONSENT CALENDAR - ITEM 6J) 127th Avenue SE Street Vacation. PASSAGE of Resolution No. 1588 setting a public hearing date of June 19th to consider an application for a street vacation of unimproved right-of-way at 127th Avenue Southeast, as recommended by the Public Works Committee. TRAFFIC (CONSENT CALENDAR - ITEM 6L) Interagency Signal Agreement, Military Road South & S. 272nd Street. AUTHORIZATION for the Mayor to sign the Interagency Agreement for the Traffic Signal at the intersection of Military Road South and South 272nd Street upon concurrence of the language therein by the City Attorney and the Public Works Director, as recommended by the Public Works Committee. (CONSENT CALENDAR - ITEM 6M) Interagency Signal Agreement. 40th Avenue South & S. 272nd Street. AUTHORIZATION for the Mayor to sign the Interagency Agreement for the Traffic Signal at the intersection of 40th Avenue South and South 272nd Street upon concurrence of the language therein by the City Attorney and the Public Works Director, as recommended by the Public Works Committee. (CONSENT CALENDAR - ITEM 6N) Interagency Signal Agreement. Orillia Road & S. 200th Street. AUTHORIZATION for the Mayor to sign the Interagency Agreement for the Traffic Signal at the intersection of Orillia Road and South 200th Street, upon concurrence of the language therein by the City Attorney and the Public Works Director, as recommended by the Public Works Committee. SURPLUS VEHICLES (CONSENT CALENDAR - ITEM 6G) Sale of Surplus Vehicles. AUTHORIZATION to declare certain vehicles no longer needed by the City as surplus and authorize the sale thereof at the next public auction, as recommended by the Public Works Committee. 6 Kent City Council Minutes May 1, 2001 PLAT (CONSENT CALENDAR - ITEM 6U) Burkhardt Heights Final Plat (#FSU-98-19/KIVA #2010577) . APPROVAL of Staff ' s recommendation of approval with conditions of the Burkhardt Heights Final Subdivision and authorization for the Mayor to sign the final plat mylar. This final plat application was submitted by Harry Singh for the Burkhardt Heights Final Subdivision. The Hearing Examiner issued the Findings with conditions on the preliminary plat on September 15, 1999 . PLANNING (CONSENT CALENDAR - ITEM 6D) Multifamily Tax Exemption. PASSAGE of Resolution No. 1586 setting a public hearing for June 5, 2001 to consider designation of Residential Targeted Areas for limited property tax exemption, as recommended by the Planning Committee on April 16, 2001. (CONSENT CALENDAR - ITEM 6E) Comprehensive Plan Amendment. PASSAGE of Resolution No. 1587 declaring an emergency and directing the staff and the Land Use and Planning Board to initiate a comprehensive plan amendment to effectuate a policy for agricultural lands, as recommended by the Planning Committee. FIRE (CONSENT CALENDAR - ITEM 6C) King County Basic Life Suvvort Services Contract Amendment For 2001. AUTHORIZATION for the Mayor to sign the contract amendment with King County EMS allowing the City to receive funds per the EMS Levy. The amount to be received for year 2001 is $682 , 787 . (CONSENT CALENDAR - ITEM 60) Fire Department Medical Physicals Contract. AUTHORIZATION for the Mayor to sign the service contract with Virginia Mason Occupational Medicine to conduct medical physicals for the Fire Department . 7 Kent City Council Minutes May 1, 2001 PARKING GARAGE (HEARING - ITEM 5A) Kent Commuter Rail Station Garage Conditional Use Permit Appeal. This is a closed record appeal hearing of the decision of the Hearing Examiner approving a conditional use permit for the Kent Commuter Rail State Garage applied for by the Central Puget Sound Regional Transit Authority. City Attorney Lubovich stated that the appellant has requested that the appeal be continued to the May 15th Council meeting, and that Sound Transit and City staff have agreed to do so subject to Council approval . Upon the Attorney' s recommendation, CLARK MOVED to make a letter dated April 26, 2001, from Mr. Don Shaffer requesting the continuance, a letter dated April 30, 2001 from the Legal Department stating that the decision on continuance will be made by the City Council at this meeting, and a letter dated May 1, 2001, from the Legal Department to Mr. Shaffer regarding the City and Sound Transit concurring to the continuance, a part of the public record. Woods seconded and the motion carried. CLARK MOVED to continue this issue to the May 15th City Council meeting. Woods seconded and the motion carried. PARKS, RECREATION AND COMMUNITY SERVICES (CONSENT CALENDAR - ITEM 6P) East Hill Youth Sports Facility Master Plan. ACCEPTANCE of the East Hill Youth Sports Complex proposed Master Plan, as recommended by the Parks Director. In 1998 the City bought the 10 . 19 acre property for the purpose of constructing a youth ballfield complex. Two public meetings were held to gather input . The master plan including public comments were reviewed at the Parks Committee Meeting. (CONSENT CALENDAR - ITEM 6Q) Kronisch Park US West Easement. This item was removed from the agenda and sent to the Parks Committee of May 8th. 8 Kent City Council Minutes May 1, 2001 MAINTENANCE (CONSENT CALENDAR - ITEM 6F) Laundry Services Contract. AUTHORIZATION for the Mayor to sign a three year contract with Cintas as the City' s laundry service vendor, pending approval of contract language by the legal department, as recommended by the Operations Committee. FINANCE (CONSENT CALENDAR - ITEM 6B) Approval of Bills. APPROVAL of payment of the bills received through April 16 and paid on April 16, 2001 after auditing by the Operations Committee on April 17, 2001 . Approval of checks issued for vouchers : Date Check Numbers Amount 4/16/01 511290-511594 $1, 521, 991 . 62 4/16/01 511595-511973 1 , 843 , 775 . 98 $3 , 365, 767 . 60 Approval of checks issued for payroll for March 16 through March 31 and paid on April 3 , 2001 : Date Check Numbers Amount 4/3/01 Checks 250921-251227 $ 264, 368 . 66 4/3/01 Advices 109513-110217 978 , 731 .21 $1, 243 , 099 . 87 (CONTINUED COMMUNICATIONS - ITEM 11A) (ADDED ITEM) City Taxes. Ted KoQita said that from the Washington Institute Foundation, Kent has not been honest about their taxes in the year 2000 . He said Kent is fifth in the state and that the cost of living went up 2% and Kent ' s property tax in 1999 was 5 . 9% and in 2000 it was 5 . 95% . He said Kent Ordinance No. 3532 knowingly raised taxes to exceed the cost of living by two to three times . He said part of that money was spent promoting the arts center, and hiring an arts director for two years. He expressed concern that Brotherton' s temporary 9 Kent City Council Minutes May 1, 2001 FINANCE structure tax will be brought up after the election. He said the South County Journal on November 24 , 1999, said that Finance Director Miller told the Council that the $3 . 00 rate would cut $1 .3 million from the general fund, which is enough to pay 24 employees. He said Council- members approved the proposal for 3 .2 per one thousand and now the City has gained approximately $1, 000, 000 and that Amodt was the only Councilmember who spoke up to protect the citizens of Kent . He said numbers do not lie, liars make numbers . McFall responded that the City' s tax rate has in fact gone down every year for the past six years. He said the Mayor and Council have been entirely responsible and entirely within the law with respect to property taxes. He said one has to look far beyond just property taxes and look at the entire tax picture in order to make comparisons with other cities . He pointed out that the City of Kent does not levy any business and occupation tax, as other cities do, and that Kent levies far less than the allowable legal maximum for utility taxes. He said that for this Council to be subjected to accusa- tions regarding its taxing policy, when the law has been followed to the letter, is irresponsible. He said that the City had seen the dubious studies two years ago and discredited them at that time . McFall said he does not know where Mr. Kogita gets his continued references to a temporary structures tax, and that there is no such thing in the State of Washington. He said it is his understanding that Mr. Brotherton' s discussion was on whether or not the city needed to engage in further regulation of certain types of temporary structures, and that that matter was with- drawn for the time being. He said that has nothing whatsoever to do with any taxing authority at any time. Mayor White stated that the tax levy rate in the City of Kent is the lowest that it has been in ten years, and that that is documented, not pulled out of thin air. REPORTS Council President. Orr expressed thanks to Mr. McFall for his help and guidance over the years. 10 Kent City Council Minutes May 1, 2001 REPORTS Operations Committee. Yingling thanked McFall for the input he brought to the Operations Committee and wished him well . Public Safety Committee. Epperly thanked McFall and wished him good luck. Public Works Committee. Clark noted that his own personal growth on the Council is due to Mr. McFall ' s advice and thanked him for that . Planning Committee. Brotherton thanked McFall for his advice on many issues. He noted that the date of the next Planning Committee meeting is uncertain, but it will be on either May 22nd or 24th. He added that the Kentview Pod H issue will be on the next Council agenda. Parks Committee. Woods noted that the next committee meeting will be on Monday, May 8th at 4 : 00 p.m. She said the Council has become dependent upon McFall ' s advice and vision and professionalism, and thanked him also for his friendship. Administrative Reports. McFall reminded Councilmembers of an executive session with the possibility of Council action regarding land acquisition and pending and potential litigation. McFall then said that his service to the City of Kent has been one of the great joys of his life. He said that the phenomenal progress the City has made in the past seven years is attributable to extraordinary leadership on the part of the Mayor and Council and extraordinary performance by a tremendously dedicated staff . McFall went on to say that the decisions and actions of the City Council and Mayor have been guided by what they truly believe to be in the best interest of this com- munity, and that Councilmembers do not advance their personal agendas, but the agenda for the City of Kent . He concluded by expressing thanks for the opportunity to serve . 11 Kent City Council Minutes May 1, 2001 REPORTS Mayor White told McFall that it had been an honor to work with him over the years. EXECUTIVE SESSION The meeting recessed to executive session at 7 :55 p.m. and reconvened at 8 :20 . LAND ACQUISITION Purchase and Sale Agreement. WOODS MOVED to authorize the Mayor to enter into a Purchase and Sale Agreement in an amount of $399, 950 from the Youth Utility Capital fund for the Haak Property for an East Hill Youth Skate Park; to authorize the Mayor to execute any and all documents necessary to close the sale; and amend the East Hill Skate Park budget with the balance of funds in the amount of $151, 018 . 55 from the Youth Teen Capital Tax Revenues . Epperly seconded and the motion carried. POTENTIAL LITIGATION Olympic Pipeline Company. CLARK MOVED to authorize the City Attorney to file a lawsuit or take other appro- priate action against Olympic Pipeline Company for operating a pipeline within the City right-of-way without a franchise agreement . Woods seconded and the motion carried. ADJOURNMENT At 8 :22 p.m. ORR MOVED to adjourn the meeting. Woods seconded and the motion carried. Brenda Jacol, CMC City Clerk 12 �... Council Office 2"'Floor, City Hall 220 4 h Ave. South,Kent,98032 PLEASE SIGN IN DATE: Name Address Phone Number CY Piro C Q v I Coh -avry�l I nQxs �� BgNNl,E FELL /NANO/` 5a yS— -fYaVW k, 5 4- S�