HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 10/01/2002 •
KEN ON WASHINGTON Kent, Washington
October 1, 2002
The regular meeting of the Kent City Council was called to order
at 7 : 00 p.m. by Mayor White. Councilmembers present : Clark,
Epperly, Orr, Peterson, White, Woods, and Yingling. Others
present : Chief Administrative Officer Martin, City Attorney
Brubaker, Police Chief Crawford, Fire Chief Schneider, Public Works
Director Wickstrom, Community Development Director Satterstrom,
Finance Director Miller, Parks, Recreation and Community Services
Director Hodgson, and Employee Services Director Viseth. Approxi-
mately 150 people were in attendance. (CFN-198)
CHANGES TO THE AGENDA
Consent Calendar Item J, Kingsley Glen Final Plat, was
removed from the agenda. Continued Communications Items
A, B and C regarding pool closure, golf course and crime,
were added at the request of Mark Prothero, Bob O' Brien
and Chuck Hohner. (CFN-198)
PUBLIC COMMUNICATIONS
Employee of the Month. Mayor White announced that Jim
"Wally" Waltrip, Firefighter, Fire Station #73, has been
chosen as October Employee of the Month. He noted that
he consistently goes above and beyond the call of duty -
not only as a professional firefighter but also as a
counselor to many. He said Jim maintains a positive
outlook, attitude and associated mannerisms that are in
line with the Kent Cares philosophy and participates in
off-duty efforts such as Public Education (Firestoppers,
CERT, and First-Aid) . Chief Schneider accepted the
Employee of the Month plaque and expressed thanks on
behalf of Firefighter Waltrip. (CFN-147)
Fire Prevention Week. Mayor White read a proclamation
noting that fire kills 3, 500 to 4, 000 people in the
United States each year and that taking simple safety
precautions, such as identifying and removing everyday
home fire hazards, can prevent the majority of home
fires and home fire deaths . He proclaimed the week of
October 6-12, 2002 as Fire Prevention Week in the City of
Kent and called upon the residents of Kent to "Team Up
for Fire Safety" by participating in fire prevention
activities at home, work, and school and taking steps
needed to keep their homes and families safe from fire.
Lt . Pat Pawlak accepted the proclamation and encouraged
citizens to check their smoke alarms, do a home hazard
hunt, and develop an escape plan. (CFN-155)
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Kent City Council Minutes October 1 , 2002
PUBLIC COMMUNICATIONS
Make a Difference Day. Mayor White read a proclamation
noting that for the past seven years the City of Kent
joined the millions of volunteers throughout the nation
on the annual Make a Difference Day to improve the
quality of the parks in Kent and proclaimed October 26,
2002 as Make a Difference Day in the City of Kent . He
encouraged all citizens to recognize the importance of
this observance by volunteering their time to help "Make
a Difference" in the community. Parks Director Hodgson
invited citizens to help at Clark Lake or the Green River
Trail that day. (CFN-155)
Introduction of Appointees. The Mayor introduced Joyce
Drake, Roberto Gonzales and Ahmed Egal, his appointees
and re-appointees to the Kent Diversity Advisory Board.
(CFN-198)
CONSENT CALENDAR
WOODS MOVED to approve Consent Calendar Items A through
P, with the exception of Item J, and including the
correction to Item C. Clark seconded and the motion
carried.
MINUTES
(CONSENT CALENDAR - ITEM 6A) (CFN-198)
Approval of Minutes . Approval of the minutes of the
regular Council meeting of September 17, 2002 .
STREET VACATIONS
(CONSENT CALENDAR - ITEM 6G) (CFN-102)
Street Vacation, Thompson Street, Resolution Setting
Public Hearing Date for November 5, 2002 . Passage of
Resolution No. 1628 setting the public hearing on the
Thompson Street vacation petition for November 5, 2002 .
(CONSENT CALENDAR - ITEM 6M) (CFN-102)
Temperance Street Vacation. Adoption of Ordinance
No. 3620 vacating a portion of Temperance Street lying
east of 4th Avenue, as approved by Council without
conditions on September 17, 2002 .
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Kent City Council Minutes October 1, 2002
PUBLIC WORKS
(CONSENT CALENDAR - ITEM 6D) (CFN-146)
Public works & Improvement Projects Ordinance. Adoption
of Ordinance No. 3618, amending section 3 . 70 . 050 of the
Kent City Code to raise the minimum bid amount requiring
Council authorization for public works contracts from
$35, 000 to $50, 000 .
The State Legislature revised certain First Class City
public works bid requirements by raising the maximum cost
for allowing a First Class City' s own staff to make
public works improvement from $35, 000 to $50, 000 .
Traditionally, the City Council has paralleled this
standard by requiring Council authorization only for
public works contracts that exceed this contract amount .
This proposed ordinance revises the Kent City Code to
align with these bidding standards.
(CONSENT CALENDAR - ITEM 6F) (CFN-1084)
King County Green River Natural Resources Area Lagoon
Island Reforestation Grant Agreement. As recommended by
the Public Works Committee, authorization for the Mayor
to sign the Green River Natural Resources Area Lagoon
Island Reforestation Grant Agreement, to direct staff to
accept the grant funding ($10, 000) along with establish-
ing a budget for same, and to spend said monies on the
project .
(CONSENT CALENDAR - ITEM 6H) (CFN-164)
Six Year Transportation Improvement Plan. Set
October 15th as the Public Hearing date on the Six Year
Transportation Improvement Program (2003-2008) , as
recommended by the Public Works Committee.
(CONSENT CALENDAR - ITEM 6I) (CFN-1038)
Fernando Panlasigui Short Plat Water System Easement.
Authorize the Mayor to convey a new easement with the
revised language for an existing well on the city' s
wetland mitigation site, as recommended by the Public
Works Committee. The revised language shall conform to
the Seattle/King County Health Department' s standards and
shall be subject to concurrence by the Public Works
Director.
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Kent City Council Minutes October 1 , 2002
PUBLIC WORKS
(OTHER BUSINESS - ITEM 7A) (CFN-1038)
King County Sewer Utility Easement. The Public Works
Committee has recommended that the Mayor be authorized to
convey a Sewer Utility Easement to King County for their
South Interceptor Parallel, Phase III project, over,
upon, and under city property located in the vicinity of
80th Avenue South and 80th Place South. CLARK MOVED to
authorize the Mayor to convey a Sewer Utility Easement to
King County for their South Interceptor Parallel, Phase
III project . Woods seconded and the motion carried.
LID 353
(CONSENT CALENDAR - ITEM 6K) (CFN-1269)
LID 353, S 228th Street Corridor, Formation Ordinance.
Adoption of Ordinance No. 3619, ordering the construction
of the South 228th Street extension, establishing Local
Improvement District ("LID" ) 353 , and providing for the
issuance and sale of LID warrants .
LID 354
(PUBLIC HEARINGS - ITEM 5A) (CFN-1241)
LID 354, Meeker Street Widening and Washington Avenue HOV
Lanes. This date has been set for the public hearing on
confirmation of the final assessment roll for LID 354 .
The City has determined that certain properties are
specially benefited by these road improvements and has
proposed to proportionately assess these properties in
accord with those special benefits . Because the proposed
final assessment roll affects specific, individual
property owners, the Council sits in a quasi-judicial
capacity as a board of equalization for the matter.
Public Works Director Wickstrom explained the history of
the project and displayed a map of the area. He ex-
plained the cost and outlined the improvements which
were made . He then explained the method of assessment,
the method of payment, and benefits of the project .
Wickstrom added that 69% of the LID are encumbered with
agreements to either build their frontage improvements as
part of their developments or support this LID, and
pointed out that the improvements were part of the
development . He also noted that a protest has been
received from Burger King, and that it is related to
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Kent City Council Minutes October 1, 2002
LID 354
traffic, the loss of business and construction, rather
than to the assessment . Upon Peterson' s question,
Brubaker explained that a property owner could file a
claim against the City for loss of business income,
however they typically would not be compensated for that
kind of loss .
WOODS MOVED to make Wickstrom' s memo a part of the
record. Orr seconded and the motion carried. WOODS
MOVED to make the letter from Burger King part of the
record. Epperly seconded and the motion carried.
After the City Attorney explained the quasi-judicial
process and Council members noted that they have had no
discussions with any property owners affected by this
LID, Mayor White opened the public hearing.
Brian Park, 13906 SW. 216th, Vashon Island, representing
two adjacent property owners, Park Court Apartments and
Green River Court Apartment, Assessments 25 and 26, said
the LID is not viewed as an enhancement of value by Green
River Court Apartments. He submitted and explained a
traffic impact analysis and trip generation study, and
stated that the impacts of these affordable senior
housing projects are minimal . He said he does not con-
sider the assessments fair and urged the Council to
reduce them. There were no further comments from the
audience and WOODS MOVED to close the public hearing.
Orr seconded and the motion carried. WOODS MOVED to make
Mr. Park' s study a part of the record. Orr seconded and
the motion carried.
CLARK MOVED to adopt Ordinance No. 3616 confirming the
final assessment roll for LID 354 . Woods seconded. Upon
questions from Council members, Wickstrom explained that
the assessments are based on square footage of the pro-
perty rather than on trip generation, and that the
properties Mr. Park is referring to had a commitment to
make the frontage improvement in conjunction with the
development . He noted that giving up property for the
right-of-way without compensation was part of Green River
Court Apartments ' development . Mr. Park emphasized that
his concern is with the fairness of the assessments, and
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Kent City Council Minutes October 1, 2002
LID 354
asked how the amounts were determined. Wickstrom
explained the three levels of assessments and what the
property owner is being assessed for. He noted that the
property owner would have had to pay much more if he 'd
made the improvements himself . Yingling opined that trip
generation should be a part of the calculation, but
Wickstrom said the issue is zoning. The City Attorney
explained that 15 days after the effective date of the
ordinance, an appeal could be filed to Superior Court .
Epperly spoke in opposition, noting that the housing
complex' s assessments are similar to the retail
establishment ' s assessment, but that the housing
complexes do not benefit from the improvements. White
opined that the fact that these properties do not have
access to Meeker Street should be taken into account .
Peterson and Woods agreed that the issue is fairness and
that the method of assessment used is fair. Wickstrom
answered questions regarding access, Brubaker explained
possible actions, and Clark withdrew his motion in order
to allow a motion regarding other alternatives . WOODS
MOVED to adopt Ordinance No. 3616 confirming the final
assessment roll . Clark seconded and the motion carried
5-2 with White and Epperly opposed.
BUILDING CODE
(CONSENT CALENDAR - ITEM 6P) (CFN-205)
Building Code Appeals Amendment Ordinance. Adoption of
Ordinance No. 3622 , that amends section 14 . 01 . 080 of the
Kent City Code, regarding appeals of building code
decisions to provide for a limitation period on filing an
appeal and criteria for whom may file an appeal .
PARKS, RECREATION AND COMMUNITY SERVICES
(CONSENT CALENDAR - ITEM 6N) (CFN-118)
Cingular Wireless Cell Tower at Lake Fenwick Lease.
Authorization for the Mayor to enter into an agreement
with Cingular Wireless to lease property for cellular
antennas atop poles at West Fenwick Park for a compensa-
tion of $1, 250 . 00 per month, which would go into the
light pole replacement budget, based upon review and
approval by the Legal Department and the Parks Director.
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Kent City Council Minutes October 1, 2002
PARKS, RECREATION AND COMMUNITY SERVICES
Cingular Wireless proposes to lease approximately 216
square feet (18' X 12 ' ) from the Parks department adja-
cent to an existing Puget Sound Energy (PSE) utility
pole. Pending approval from PSE, Cingular would replace
the 40 ft existing PSE utility pole with a 90 ft pole and
attach antennas atop the new pole .
(OTHER BUSINESS - ITEM 7B) (CFN-118)
Van Doren' s Park Deed Conveyance. The Parks, Recreation
and Community Services Director has recommended adoption
of a resolution to accept the deed for 84% of Van Doren' s
Park from the Washington State Parks and Recreation
Commission. Since 1984, the City of Kent has developed
and maintained Van Doren' s Park under an interagency
agreement for a forty year term. Lori Flemm of the Parks
Department explained the history of this issue. WOODS
MOVED to adopt Resolution No. 1629 to accept the deed for
84% of Van Doren' s Park from the Washington State Parks
and Recreation Commission. Peterson seconded and the
motion carried.
(OTHER BUSINESS - ITEM 7C) (CFN-118)
Old Fishing Hole Deed Conveyance. The Parks, Recreation
and Community Services Director has recommended adoption
of a resolution to accept the deed for 100% of the Old
Fishing Hole from the Washington State Parks and
Recreation Commission. Since 1984 , the City of Kent
has developed and maintained the Old Fishing Hole under
an interagency agreement for a forty year term. Lori
Flemm of the Parks Department explained the history of
this issue. WOODS MOVED to adopt Resolution No. 1630 to
accept the deed for 100% of the Old Fishing Hole from the
Washington State Parks and Recreation Commission. Orr
seconded and the motion carried.
(BIDS - ITEM 8A) (CFN-1199)
Re-Bid Employee Services Tenant Improvements. The bid
opening for this project was held on September 20, 2002 ,
with seven (7) bids received. The low bid was submitted
by Mayer Construction in the amount of $136, 808 . 00 . The
Engineer' s estimate was $140, 000 . 00 .
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Kent City Council Minutes October 1, 2002
PARKS, RECREATION AND COMMUNITY SERVICES
The Parks Director recommends awarding the Employee
Services Tenant Improvement project to Mayer Construction
for $136, 808 . 00, plus Washington State Sales Tax.
Parks Director Hodgson noted that this project is part of
the seismic improvements . WOODS MOVED that the Employee
Services Tenant Improvement project be awarded to Mayer
Construction for the bid amount of $136, 808 . 00, plus
WSST. Clark seconded and the motion carried.
POLICE
(CONSENT CALENDAR - ITEM 60) (CFN-122)
Adoption of RCWs By Reference. Adoption of Ordinance
No. 3621, that repeals the current criminal code and
adopts a new criminal code, which adopts by reference all
misdemeanor and gross misdemeanor sections of the Revised
Code of Washington.
State law requires municipalities to enforce all misde-
meanor and gross misdemeanor violations of criminal law
that occur within the limits of a municipality. Section
35A. 12 . 140 of the Revised Code of Washington ("RCW" )
permits the City to adopt by reference sections of the
RCW. The City already adopts numerous RCW sections;
however, many other state statutes relating to criminal
conduct are not adopted in the current criminal code and
are, therefore, unenforceable . Replacing the current
criminal code with a simplified criminal code that
incorporates all RCW criminal code sections by reference
would benefit police officers, prosecutors, and court
staff .
FINANCE
(CONSENT CALENDAR - ITEM 6E) (CFN-104)
U.S. Bank Contract Extension. Authorization to extend
the current contract with U.S . Bank another two years .
After responding to the city' s Request for Proposal (RFP)
in 1997, U. S. Bank was awarded the contract to provide
the City' s banking and safekeeping services . In
September of that year, a five-year contract was signed
with U. S . Bank. That contract allowed for two-year
extensions, upon mutual agreement by both parties . The
pricing is negotiable at the time of each extension.
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Kent City Council Minutes October 1, 2002
FINANCE
The initial five-year term of the contract expired on
September 1, 2002 . A meeting was held with the city' s
government banking representative to discuss the pricing
for a two-year extension. With the exception of five
items, the bank has agreed to leave the pricing as is .
Effective January 1, 2003 , the pricing change for those
items will result in an increase of slightly less than
1%, approximately $110 per month.
(CONSENT CALENDAR - ITEM 6B) (CFN-104)
Approval of Bills . Approval of payment of the bills
received through September 15, 2002 and paid on
September 16, 2002 after auditing by the Operations
Committee on September 17, 2002 .
Approval of checks issued for vouchers :
Date Check Numbers Amount
09/16/02 Wire Transfers 1256-1265 $1, 156, 267 .26
09/16/02 Prepays & 538430 442, 134 . 07
09/16/02 Regular 539024 1, 757, 521 . 46
$3 , 355, 922 . 79
Approval of checks issued for payroll for August 16, 2002
through August 31, 2002 and paid on September 5, 2002 .
Date Check Numbers Amount
09/05/02 Checks 262923-263248 $ 287, 172 . 89
09/05/02 Advices 134009-134768 1, 128, 603 .47
$1, 145, 776 . 36
APPOINTMENTS
(CONSENT CALENDAR - ITEM 6L) (CFN-1127)
Appointment/Re-Appointments to Kent Diversity Advisory
Board. Confirmation of the Mayor' s appointment of
Ms . Joyce Drake to serve as a member of the Kent
Diversity Advisory Board. She will replace Ms. Moon Bang
and her term will continue until 9/30/2003 .
Confirmation of the re-appointment of Mr. Roberto
Gonzales and Mr. Ahmed Egal to continue as Board members .
Their new terms will continue until September 30, 2005 .
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Kent City Council Minutes October 1, 2002
COUNCIL
(CONSENT CALENDAR - ITEM 6C) (CFN-198)
Independent Salary Commission Ordinance. Adoption of
Ordinance No. 3617, establishing an independent salary
commission to annually review and establish the salaries
of City elected officials . The City Attorney clarified
that a revised ordinance has been distributed to them
which removes two repealed subsections Chapters 2 . 01 . 030
and 2 . 02 . 030, which were inadvertently included. He
noted that this has no impact on the agenda item itself .
The state Legislature recently passed HB 1084 , which
expressly authorizes cities to create independent salary
commissions to set elected officials' salaries .
REPORTS
Public Safety Committee. Epperly noted that the next
meeting will be on October 8 at 5 : 00 p.m. (CFN-198)
Public Works. Clark noted that the next meeting will be
on October 7 at 5 : 00 p.m. (CFN-198)
Planning Committee. Orr noted that the next meeting will
be on October 15 at 3 : 00 p.m. (CFN-198)
Parks Committee. Woods noted that the next meeting will
be on October 8 at 4 : 00 p.m. (CFN-198)
Administrative Reports. Martin announced that an Execute
Session is not necessary. He also noted that an audit
focusing on internal controls, Kent Station, and the golf
course has just been completed and the auditor found the
books clean for the third year in a row. (CFN-198)
KENT POOL
(CONTINUED COMMUNICATIONS - ITEM 11A) (CFN-198)
Kent Pool. Mark Prothero, 12928 SE 246th, swim coach at
Kentwood High School, gave the following reasons to keep
the Kent Pool open: swimming lessons, which reduces the
number of drownings, life guard classes are available,
senior citizens stay healthy by swimming, post-surgery
patients swim to regain health and strength, aquarobics,
family fun, exercise for those with disabilities, and
training for competition. He said the Kent Pool is a
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Kent City Council Minutes October 1, 2002
KENT POOL
vital asset to the community and urged the City to work
with King County to save the pool . Comments were then
made by the following citizens :
Adrienne Lindblad, 26321 97th Avenue South
Mark Vermilion, 22606 97th Avenue South
Marlee Prothero, 12918 SE 246th
Mackenzie Deutschendorf, 23022 SE 290th, Black Diamond
Cindy Marshall, 13709 SE 253rd St .
Marcia McCarthy, 14421 SE 270th
Shellann
Charles Buzzell, 18342 SE 259th Ct .
Greg Vermilion, 26818 118th Ct SE
Julie Mitchell, 20024 3rd Place SW, Normandy Park
Diane Whiteley, 21108 126th Avenue SE
Debbie Ranniger, 14606 SE 244th
Ryder Farrell
Desiree Butts, 25908 179th Pl . SE, Covington
Dr. Dan Ranniger, 14606 SE 244th
Nancy Bruce, Normandy Park
Ron Harmen, P. 0. Box 1384, Kent
Robert Corcoran, 23211 127th Avenue SE
Jody Mayer, 20518 120th Avenue SE
Pauline Bigelow, 25702 119th Avenue SE
Jack Woodworth, 615 N. Jason
Islama Rasheed, 29620 188th Avenue SE
Megan Woodworth. 615 N. Jason
Ron Berg, 10122 SE 268th St .
Kyle Corcoran, 23211 127th Avenue SE
Sarah Wallen, 25418 162nd Place SE
Danielle Marshall, 13709 SE 253 St .
Bob O'Brien, 1131 Seattle Street
The issues and suggestions the speakers mentioned
included putting pressure on King County to meet their
obligations, using City staff to handle the pools,
forming committees to assist the City, involving the
school district, and joining forces with neighboring
cities . One stated that swimming keeps people off drugs
and reduces crime. Several said that swimming is some
times the only way students can get a scholarship to
attend college. Others endorsed the health benefits of
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Kent City Council Minutes October 1, 2002
KENT POOL
swimming and some opined that it is the City' s responsi-
bility to pay for the pool . All wanted the pool to
remain open.
Mayor White thanked those who spoke, and Martin pointed
out that the Kent Pool is not the City' s pool to close.
He said the City will continue to meet with King County,
but emphasized that the City cannot take over the
County' s responsibility. He pointed out that this is the
most difficult budget the City has faced for many years,
that it includes $6-7 million in reductions, and that
services such as pools and human services, which were
once provided by other jurisdictions, now compete for
funds in the budget . Mayor White asked the City Attorney
to check into the legal ramifications of King County not
living up to their obligations under Forward Thrust, and
what legal alternatives are available to the City.
The Mayor and Council members expressed appreciation for
the input on this issue, urged citizens to contact their
County Council members, and noted that staff will attend
future meetings on this subject .
GOLF COURSE
(CONTINUED COMMUNICATIONS - ITEM 11B)
Golf Course. Robert O'Brien, 1131 Seattle St . deferred
his remarks on the golf course to the next Council
meeting.
CRIME
(CONTINUED COMMUNICATIONS - ITEM 11C)
Crime. Chuck Hohner, owner of Jewelry by Hohner on
Central Avenue, said crime has increased substantially in
the area, and that he has been assaulted and burglarized
18 times over the past two years . He said crime seems to
follow low income housing and large apartment complexes,
and suggested instituting a no tolerance policy at those
places . The Mayor asked the City Attorney to look into
such a policy. Peterson, Woods and Orr suggested
training complex managers to police their residents and
sharing information between complexes. It was agreed
that this issue would be heard at a future Public Safety
Committee meeting.
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Kent City Council Minutes October 1, 2002
ADJOURNMENT
WOODS MOVED to adjourn at 9 : 33 p.m. Orr seconded and the
motion carried.
Brenda Jacober, CMC
City Clerk
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