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�