HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 03/18/2003 •
KEN T Kent, Washington
WAS HiNOTON
March 18, 2003
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,
Public Works Director Wickstrom, Community Development Director
Satterstrom, Finance Director Miller, and Police Chief Crawford.
Approximately 25 people were in attendance . The flag salute was
presented by Boy Scout Troop 403 . (CFN-198)
CHANGES TO THE AGENDA
From Council, Administration, or Staff. Councilmember
Woods noted that Consent Calendar Item A is deferred and
Chief Administrative Officer Martin removed the Executive
Session from the agenda. (CFN-198)
From the Public. Continued Communications 11A and 11B
were added by members of the audience. (CFN-198)
PUBLIC COMMUNICATIONS
Absolutely Incredible Kid Day. Mayor White read a
proclamation declaring March 20, 2003 as "Absolutely
Incredible Kid Day" in the City of Kent and encouraged
all adults, moms, dads, grandparents, aunts and uncles,
teachers, mentors and other adults alike to participate
and make a difference in the life of a child. Camp Fire
USA urges all adults to compose letters to the children
in their lives and mail or deliver them personally to
their Absolutely Incredible Kids . (CFN-155)
CONSENT CALENDAR
WOODS MOVED to approve Consent Calendar Items B through
Q. Orr seconded and the motion carried.
STREET VACATION
(PUBLIC HEARINGS - ITEM 5A) (CFN-102)
Pacific Land Consulting, S.E. 266th St. Street Vacation.
Resolution No. 1634 established March 18, 2003 , as the
public hearing date for the application by Mark Holland
of Pacific Land Consulting, Inc . , to vacate a portion
of SE 266th St . between 128th and 132nd Avenues SE
(STV-2003-1/KIVA 2030665) . A staff report recommending
approval with conditions was included in the Council' s
packet .
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Kent City Council Minutes March 18, 2003
STREET VACATION
Charlene Anderson, Planning Manager, stated this proposal
vacates SE 266th Street, between 128th and 132nd Avenue
SE and is related to Highland Park Subdivision. Anderson
showed an overhead of the proposed street vacation. She
stated that staff is recommending approval with condi-
tions relating to access to the Springwood Detention area
which is part of the subdivision and that there is enough
roadway for proper pedestrian access to the park areas
along 128th.
Mayor White opened the Public Hearing. Clay Loomis,
25813 NE 25th Street, Redmond, representing Pacific Land,
stated that they were in complete compliance with the
recommendations but wanted to make a couple of clarifica-
tions under Section 4 Item 2 which states that the right-
of-way will remain on both 128th and 132nd. Loomis noted
that it was their understanding that both of the dimen-
sions were from the center line and some verbiage based
on township and ranges but believed it was a dimension
set from centerline for the future right-of-way of both
streets. He also noted that Highland Park was con-
ditioned originally on 128th for a 40 feet right-of-way
not a 50 feet right-of-way and had to be cleared up by
staff . Loomis stated that Number 4 , under Sec . 4, talked
about continuing access from 128th Avenue to 132nd and
the condition narrowed it to a 20 feet pedestrian access
and utility access in the existing right-of-way to be
vacated in the future and would need to provide access
from 128th to 132nd whether it was in that vacated right-
of-way or some other route, as long as it was adequate
and met the condition. He also noted that it was their
understanding there were no land-locked properties except
one property that currently had access off of SE 265th
which would also have access there in the future.
There were no further comments and WOODS MOVED to close
the public hearing. Orr seconded and motion carried.
Public Works Director Wickstrom spoke about leaving the
50 feet on 128th because it would be harder to get the
right-of-way back, versus selling it in the first place .
Wickstrom also stated that the centerline was the
location which was measured and that the existing right-
of-way on 128th was 50 feet in total width including the
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Kent City Council Minutes March 18, 2003
STREET VACATION
existing 20 feet and the 30 feet the city keeps of that
section of 266th. In answer to Councilmember Peterson' s
question, Wickstrom stated that the property owner would
pay less because the right-of-way was less .
City Attorney Brubaker clarified that Section 4
Subsection 4 , the reference to the pedestrian pathway
and easement for utility purposes, would not have to be
within the portion of the right-of-way to be vacated. It
would read, "20-foot-wide easement for pedestrian pathway
and utility purposes, as determined necessary by the
City' s Public Works Director and Parks and Recreation
Director. "
ORR MOVED to approve the staff' s recommendation of
approval, with conditions of the application, to vacate a
portion of SE 266th St . between 128th and 132nd Avenue
SE, as referenced in Resolution No. 1634 , and to direct
the City Attorney to prepare the necessary ordinance upon
compliance with the conditions of approval . Woods
seconded and the motion carried.
PUBLIC WORKS
(CONSENT CALENDAR - ITEM 6C) (CFN-847)
Del Webb/Steiner Sanitary Sewer. Accept the Del Webb/
Steiner Sanitary Sewer project as complete and release
the retainage to Fury Construction Company upon standard
releases from the state and release of any liens, as
recommended by the Public Works Committee. The original
contract amount was $94 , 468 . 86 . The final contract
amount was $106, 402 . 69 . Adequate funds exist within the
project budget to cover this overage.
(CONSENT CALENDAR - ITEM 6D) (CFN-1038)
Washington State Department of Transportation SR 167
Corridor Project Environmental Impact Statement
Interlocal Agreement. Authorization for the Mayor to
sign an Interlocal Agreement with Washington State
Department of Transportation for the purpose of planning
for future improvements in the SR 167 Corridor subject to
the Public Works Director' s concurrence of the language
therein, as recommended by the Public Works Committee .
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Kent City Council Minutes March 18, 2003
PUBLIC WORKS
(CONSENT CALENDAR - ITEM 6E) (CFN-1275)
James and Central Intersection Improvements, Condemnation
Ordinance. Adoption of Ordinance No. 3635 authorizing
condemnation of a portion of the east side of Central
Avenue at the James Street/Central Avenue Intersection,
as recommended by the Public Works Committee.
(CONSENT CALENDAR - ITEM 6L) (CFN-1134)
Puget Sound Energy Construction Agreement for let Ave. N.
& 4th Ave. N. Underground Conversion. Authorization for
the Mayor to sign an Agreement with Puget Sound Energy to
convert the overhead utilities within the 1st Avenue N/
4th Avenue N project to underground subject to the Public
Works Director' s and the City Attorney' s concurrence of
the language therein, as recommended by the Public Works
Committee.
(CONSENT CALENDAR - ITEM 6M) (CFN-1038)
2nd Avenue Extension, W. Temperance St. to 4th Avenue.
Accept the 2nd Avenue Ext . - W Temperance St to 4th
Avenue project as complete and release the retainage to
R.W. Scott Construction upon standard releases from the
state and release of any liens, as recommended by the
Public Works Director. The original contract amount was
$751, 123 . 75 . The final contract amount was $515, 342 . 03 .
(CONSENT CALENDAR - ITEM 6Q) (CFN-131)
Master Plan Development PUD Modification Ordinance. As
approved by the Planning Committee on March 18, 2003 ,
direct staff to provide appropriate public notice for a
public hearing on April 1, 2003 regarding master planned
developments .
The City Council previously adopted this ordinance, but
subsequently repealed it because required notice had not
been provided to the State of Washington. Notice to the
state has now been given. This motion requires staff to
post appropriate notice for a public hearing on this
matter on April 1, 2003 . Council will allow interested
persons who wish to appear and speak at the hearing up to
three (3) minutes to address the council . Anyone who
wishes to submit written materials may do so up to the
close of the hearing. After the hearing, council will be
able to enact the ordinance.
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Kent City Council Minutes March 18, 2003
PUBLIC WORKS
(BIDS - ITEM 8A) (CFN-1038)
1st Avenue North/4th Avenue North Widening and Utility
Trenching. The bid opening for this pro3ect was held on
February 21st with eight bids received. The low bid was
submitted by Pivetta Brothers Construction, Inc in the
amount of $754, 461 . 90 . The Engineer' s estimate was
$913 , 986 00 . The Public Works Director recommends
awarding this contract to Pivetta Brothers Construction,
Inc .
CLARK MOVED that the 1st Avenue North/4th Avenue North
Widening and Utility Trenching Pro3ect Schedules I, II,
IV, V and VII contract be awarded to Pivetta Brothers
Construction, Inc. for the low bid amount of $754, 461 . 90 .
Woods seconded and the motion carried.
ZONING PLAN AMENDMENTS
(OTHER BUSINESS - ITEM 7A) (CFN-131)
2002 Annual Zoning Plan Amendments Ordinance. This
Ordinance relates to zoning map changes CPZ-2002-2, CPZ-
2002-3 , and CPZ-2002-4 , and would amend the zoning map
designations of parcels of property more specifically
identified in the ordinance. This matter was placed on
Other Business in order to clarify the parcels of
property affected by the condition imposed on the Ruth
amendment (CPZ-2002-2) .
Planning Manager Anderson noted a clarification for the
Ruth property and where the drainage impacts would be and
that the motion was meant to include all of the sanctuary
plat . She said, however, the map that was attached to
the original motion and depicted in that motion was
lacking a couple of parcels . Those parcels were listed
in the current ordinance .
ORR MOVED to adopt Ordinance No. 3640 relating to zoning
map designations of parcels of property as described in
the ordinance . Woods seconded and the motion carried.
COMPREHENSIVE PLAN
(CONSENT CALENDAR - ITEM 6I) (CFN-377)
2002 Annual Comprehensive Plan Amendments Ordinances.
Adoption of ordinance No. 3636 relating to 2002
Comprehensive Plan Amendments CPA-2002-2 (A) ,
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Kent City Council Minutes March 18, 2003
COMPREHENSIVE PLAN
CPA-2002-2 (B) , CPA-2002-2 (C) , CPA-2002-2 (D) , CPA-2002-
2 (E) , and CPA-2002-2 (F) ; and adoption of Ordinance
No. 3637 relating to school impact fees . These
ordinances would; (1) amend the comprehensive plan' s
land use map designations of parcels of property more
specifically identified in the ordinances; (2) amend the
school impact fee schedule contained in section 12 . 13 . 160
of the Kent City Code; and (3) amend the Capital
Facilities Element of the Comprehensive Plan.
REZONE
(CONSENT CALENDAR - ITEM 6J) (CFN-121)
Coblentz Rezone Ordinance. Adoption of Ordinance
No. 3638 relating to land use and zoning, rezoning
property comprised of approximately 12 . 58 acres of
property located at 22320 88th Avenue South, from Single
Family Residential, eight (8) units per acre (SR-8) , to
Multifamily Residential Townhouse (MR-T16) , (Coblentz
Rezone, # RZ-2002-4) .
POLICE
(CONSENT CALENDAR - ITEM 6K) (CFN-122)
Extension of Occupational Health Services Contract for
Medical Services. Approval of "Addendum One and
Extension to Contract for Services" with Occupational
Health Services (OHS) for an additional four months
beginning 04/01/03 and ending 07/31/03 . OHS provides
certain required medical services to the inmates of CKCF.
PARKS, RECREATION AND COMMUNITY SERVICES
(CONSENT CALENDAR - ITEM 6N) (CFN-839)
Western States Arts Federation TourWest Grant. Accept
the Western States Arts Federation (WESTAFF) TourWest
Grant and amend the Arts Commission budget for $2, 250 . 00 .
Funds were used for the Linda Tillery and the Cultural
Heritage Choir performance in February 2003 .
(CONSENT CALENDAR - ITEM 60) (CFN-118)
Violence Against Women Association Grant. Accept the
Safe Havens Supervised and Safe Exchange Grant from the
Department of Justice, authorize the Mayor to execute
appropriate contracts and establish a budget for
$500, 000 . 00 .
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Kent City Council Minutes March 18, 2003
PARKS, RECREATION AND COMMUNITY SERVICES
The City of Kent is one of four governmental entities
nation wide to receive a Safe Havens demonstration
initiative grant from the Department of Justice. Funds
are provided through the Violence Against Women' s Act
2000 (VAWA) to implement the opening of a center for
supervised visitation and safe exchange of children, by
and between parents, in situations involving domestic
violence, child abuse, sexual assault, or stalking.
(CONSENT CALENDAR - ITEM 6P) (CFN-118)
Kent Pool Budget. Authorize the transfer of $75, 000 . 00
from the Youth/Teen Utility Tax Capital Fund and
$20, 000 . 00 from the Contingency Fund and establish a
budget for the Kent Meridian Pool .
The City of Kent accepted the transfer of the Kent
Meridian Pool from King County. The city is subleasing
the pool to Aquatic Management Group, Inc. (AMG) . Aquatic
Management Group will provide a variety of adult and
youth swim programs including lessons, water exercise,
public swims, special events and swim team activities.
The city will provide an initial $70, 000 . 00 to AMG for
start up costs . The city will receive free use of the
pool for special recreation and youth programs for these
funds . In addition, the city will provide up to
$20, 000 . 00 annually in subsidy funding.
LODGING TAX
(CONSENT CALENDAR - ITEM 6F) (CFN-1170)
Lodging Tax Advisory Board Member. Confirmation of Kent
Downtown Partnership Executive Director Jacquie Alexander
to the Lodging Tax Advisory Board. Ms . Alexander has
been Executive Director of the Kent Downtown Partnership
since March 2002 . She was previously Executive Director
of the Shelton Chamber of Commerce and Olympia Chamber of
Commerce and worked at the Washington State Capitol for
the legislature and for the Visitor' s Center.
ECONOMIC DEVELOPMENT
(CONSENT CALENDAR - ITEM 6G) (CFN-825)
Economic Development Strategic Plan Contract.
Authorization for the Mayor to sign the contract with
Berk & Associates to draft an Economic Development
Strategic Plan for the City of Kent in the amount not to
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Kent City Council Minutes March 18, 2003
ECONOMIC DEVELOPMENT
exceed $26, 000, as recommended by the Operations
Committee.
Berk & Associates is a policy and management consultant
firm that will assist the City in drafting the Economic
Development Strategic Plan, which will be presented to
the Council this fall . The consultant' s work will
include development of recommendations, preparation of
technical background sections, identification of roles
and responsibilities of the various economic develop-
ment partners, timelines for the recommendations, and
establishment of benchmarks and measurable outcomes for
the strategies . In addition, the consultant will develop
a graphic layout and report design to enhance the Plan' s
effectiveness as a communication tool with the public and
with future investors in the City of Kent .
(CONSENT CALENDAR - ITEM 6H) (CFN-825)
Business Sector Research Contract. Authorization for
the Mayor to sign the contract with the University of
Washington Daniel J. Evans School of Public Policy to
conduct business sector related research related to the
development of the City' s Economic Development Strategic
Plan for the City of Kent, in the amount not to exceed
$31, 000, as recommended by the Operations Committee.
This contract and scope of work is with the University of
Washington (UW) Daniel J. Evans School of Public Policy
(Dr. Paul Sommers) . Dr. Sommers will conduct predicted
market demand and issues for key South King County market
subsectors and will identify what actions the City and
other Kent agencies could take to influence the rate of
growth in these sectors . These actions will be con-
sidered for inclusion in the City' s Economic Development
Strategic Plan, which will be presented to Council this
Fall . The UW contract will also examine best practices
in economic development in other regions of the United
States related to the key issues identified in the sector
analysis .
FINANCE
(CONSENT CALENDAR - ITEM 6B) (CFN-104)
Approval of Bills . Approval of payment of the bills
received through February 28 and paid on February 28
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Kent City Council Minutes March 18, 2003
FINANCE
after auditing by the Operations Committee on March 4,
2003 .
Approval of checks issued for vouchers :
Date Check Numbers Amount
2/28/03 Wire Transfers 1366-1375 $1, 224 , 207 . 96
2/28/03 Prepays & 545043 345, 346 . 79
2/28/03 Regular 545617 2, 180, 759 . 66
$3 , 750, 314 .41
REPORTS
Council President Woods noted that the Suburban Cities
Association Quarterly membership meeting would be held on
April 9, hosted by the City of Kirkland.
Councilmember Orr stated that the newspaper had an
incorrect date for the deadline to the Drinking Driver
"Keep A Friend Alive" Poster contest . She noted that the
deadline was March 28 .
Administrative Reports. Chief Administrative Officer
Martin announced that the second round of public hearings
for the sexual predator housing site would be held on
Saturday, March 29 from 11 : 00-1 : 00 p.m. at the Washington
State Criminal Justice Training Commission Auditorium,
19010 First Avenue South, Burien. He added that people
who wished to speak to a DSHS representative could do so
during an informal period beginning at 10 : 30 .
CONTINUED COMMUNICATIONS
(CONTINUED COMMUNICATIONS - ITEM 11A) (CFN-171)
Environmental Review and Community Impact Mitigation for
the Kent Station. Bob O'Brien, 1131 Seattle St . ,
commented that he was not running for any political
office nor was a member of any organization. He stated
that the City of Kent purchased a hazardous waste site,
the Borden property called Kent Station and that if he
had purchased that site as a citizen, he would have had
to go through the procedures the City had established to
make sure that the citizens were protected. He commented
that the City of Kent should follow procedures in the
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Kent City Council Minutes March 18, 2003
CONTINUED COMMUNICATIONS
same way an ordinary citizen would, and later, if
questions are asked regarding the procedure that someone
in the city would have had to sign off on the procedure.
Mr. O'Brien stated that he had asked for that document
and had not received it from the City.
CAO Martin stated that every aspect of the environmental
mitigation had been done and that the prospective
developer was quite anxious to proceed and was willing
to purchase the property. Mayor White asked whether an
insurance policy had been purchased. He said if there
had been any concerns the insurance policy would not
have been issued. Martin said it had been issued.
Councilmember Yingling asked Martin whether the Borden
site was a hazardous waste site. Martin replied that the
City had no knowledge of it being a hazardous waste site .
(CONTINUED COMMUNICATIONS - ITEM 11B) (CFN-186)
Budget. Ted Kogita, 25227 Reith Road, stated that during
2003-2004 the City would be having a budget crunch
somewhere around $6 million and freezing all hiring and
all raises. He stated that in the 2003 budget, the total
was $182, 000 for the 2003 City Art Plan. He also spoke
regarding other expenses for salary and administration:
$77, 683 , a salary for one person; maintenance, $6, 567;
insurance, $1, 800; and design fees professional service,
$6, 414 . Mr. Kogita noted that there is a beautiful
junior college with artists who could design for a third
of that money, and produce ironwork in conjunction with
the artist . He stated the Vietnam Memorial was designed
by a non-professional and yet the City went out and hired
those people.
Mayor White commented that every city employee received a
raise, including the Council and the Mayor this year. He
also commented that if Mr. Kogita wanted to propose
repealing the ordinance, he could choose to do so.
Councilmember Woods commented that an ordinance passed
about 15 years ago provided the Cultural Arts Program
with $2 per capita out of the general fund. She noted
that the Operations Committee reviewed that ordinance in
2002 , in anticipation of doing the 2003 budget . She
stated that the City was confronting a multi-million
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Kent City Council Minutes March 18, 2003
CONTINUED COMMUNICATIONS
dollar short fall again this year and that the city would
not be able to make up the difference by eliminating
small programs, but may have to lay people off.
Councilmember Yingling stated that as Chair of the
Operations Committee the programs were reviewed and it
was determined that the funds were being utilized
appropriately and properly handled. He also stated that
the little bit that was spent on the arts and on children
greatly benefits the community.
ADJOURNMENT
At 7 : 37 p.m. , -WOODS MOVED to adjourn. Epperly seconded
and motion carried.
Mary Simmons
Acting City Clerk
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