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KENT Kent City Council Meeting
W A S N I N G T O N June 17, 2003
The regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor Pro
Tern Woods Councilmembers present Clark, Epperly, Orr, White, Woods and Yingling.
Councilmember Peterson was excused from the meeting Approximately 25 people were in
attendance.
CHANGES TO AGENDA
A. From Council. (CFN-198) Continued Communications Item A and Consent Calendar Item
O were added by Council members
B. From the Public. (CFN-198,104&122) Tax increase and Police correspondence were added
by members of the audience
PUBLIC COMMUNICATIONS
A Report on Funding for Domestic Violence Advocate. (CFN-198,186&122) City Attorney
Brubaker reported that the domestic violence advocacy position has been returned to the 2003
budget using grant funds and other sources He added that the program will have to be
restructured
B Introduction of Exchange Student. (CFN-198) Tricia Yingling introduced Mayo Ike, an
exchange student from Japan, and explained the program
PUBLIC HEARING
A. S.E. 278th St. Street Vacation. (CFN-102) Mayor Pro Tem Woods noted that this date has
been set for the public hearing on the application by Ms. Cherie Lang to vacate a portion of SE
278th Street Planning Manager Charlene Anderson noted that the conditions recommended by
staff are not unusual and that the applicant is satisfied with them. She added that the applicant
has some concerns about the cost of the project, but wants to proceed. Woods opened the public
hearing. There were no comments from the audience and ORR MOVED to close the public
hearing Clark seconded and the motion carried. ORR MOVED to approve the staffs recom-
mendation of approval with conditions of the application to vacate portions of S.E. 278th Street as
referenced in Resolution No. 1638 and to direct the City Attorney to prepare the necessary
ordinance upon compliance with the conditions of approval. Clark seconded and the motion
carved.
CONSENT CALENDAR
ORR MOVED to approve Consent Calendar Items A through O. Clark seconded and the motion
carried
A. Approval of Minutes. (CFN-198) The minutes of the regular meeting of June 3, 2003,were
approved.
B Approval of Bills. (CFN-104) Payment of the bills received through May 30 and paid on
May 30 after auditing by the Operations Committee on June 3, 2003.
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Kent City Council Minutes June 17, 2003
Approval of checks issued for vouchers-
Date Check Numbers Amount
5/30/03 Wire 1430-1439 $1,077,979 48
5/30/03 Prepays & 548897 259,012.72
5/30/03 Regular 549410 1,807,687 06
$3,144,679 26
C. Local Improvement District(LID) 355, SE 216th and 104th Place SE Sanitary Sewers.
(CFN-1279) As recommended by the Public Works Committee, Resolution No. 1645 was
adopted setting July 15, 2003 as the hearing date on Local Improvement District 355 ("LID") for
the public to comment on or object to the LID.
D Bill of Sale, Kentview-Riverview Boulevard. (CFN-484) As recommended by the Public
Works Director,the Bill of Sale for Kentview, LLC Riverview Blvd(42nd Ave S ) STA 47+00 to
57+00 submitted by Gary Sharnbroich was accepted.
E Bill of Sale, 37th Place S. &40th Avenue S. (CFN-484) As recommended by the Public
Works Director,the Bill of Sale for Kemview LLC—37th Place S. and 40th Ave South submitted
by Gary Sharnbroich was accepted.
F. Bill of Sale, Kentview-Riverview Boulevard. (CFN-484) As recommended by the Public
Works Director, the Bill of Sale for the Kentview, LLC—Riverview Blvd(42nd Ave. S.) STA
18+23 to 47+00 submitted by Gary Sharnbroich was accepted
G. Kine County Basic Life Support Services Contract Renewal. (CFN-122) The Mayor was
authorized to sign the contract with Seattle-King County Department of Public Health/Emergency
Medical Services Division which will allow the City to receive funds as per the EMS Levy. The
amount to be received for year 2003 is $728,557
H Purchase of Aid Vehicle. (CFN-122) The Mayor was authorized to sign the contract with
H&W Emergency Vehicles for the purchase of one(1)medium duty aid vehicle
I. Premera Blue Cross Administrative Agreement Renewal. (CFN-147) The Mayor was
authorized to sign the administrative contract with Premera Blue Cross effective January 1, 2003
through December 31, 2003. The 2003 administrative rate reflects an approximate 18% increase
in the administrative fees charged by Premera and is budgeted in the health and welfare fund
J Fortis Long Term Disability Contract. (CFN-147) The Mayor was authorized to sign the
Fortis long-term disability contract beginning July 1, 2003, subject to approval of the City
Attorney, to execute the binder check in the amount of$15,000 and to make subsequent
disbursements consistent with the 2003 budget.
K 2004 Western States Arts Federation Grants. (CFN-118) As recommended by the Parks
Committee, two Western States Arts Federation(WESTAF) "Tour West"grants totaling
$3,500.00 were accepted and the Kent Arts Commission budget was amended.
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Kent City Council Minutes June 17, 2003
L. Cultural Development Authority Grant of King County. (CFN-118) As recommended by
the Parks Comrmttee, $10,080 00 in funding from the Cultural Development Authority of King
County was accepted for the 2003 Sustained Support program and the Kent Arts Commission
budget was amended
M Way Back Inn Foundation Rental Agreement Renewal. (CFN-873) As recommended by
the Parks Committee, the Mayor was authorized to enter into agreements with The Way Back Inn
Foundation for the Campus Park House for an interim lease agreement from July 9 - August 31,
2003 and a five year lease from July 9 - August 31, 2008.
N Agreement with Voicestream for Cell Tower at Riverbend Driving Range. (CFN-118)
As recommended by the Parks Committee,the Mayor was authorized to enter into an agreement
with Voicestream PCS III Corporation to lease a portion of the Riverbend Golf Complex Driving
Range to construct and maintain communication antennas and equipment.
O. Excused Absence (CFN-198) Councilmember Julie Peterson was excused from tonight's
meeting
OTHER BUSINESS
A Comprehensive Plan Amendment. Impoundment Reservoir. (CFN-377) Mayor Pro
Tern Woods stated that the City no longer needs the Impoundment Reservoir property and that the
proposed resolution declares an emergency to pursue an amendment to the Kent Comprehensive
Plan. ORR MOVED to approve the Planning Committee's recommendation to adopt Resolution
No. 1646 declaring an emergency to pursue an amendment to the Comprehensive Plan and zoning
map in order to establish initial land use and zoning designations for the impoundment reservoir
property. Clark seconded and the motion camed.
B Kent Station Appeal, Closed Record Hearing SU-2002-9/KIVA#RPP3-2023555.
(CFN-1277) Mike Walter of Keating, Bucklin and McCormadk stated that this is a closed record
appeal brought by Mr Shaffer,Kent C AR E S. and NW Alliance, over the Hearing Examiner's
approval of the preliminary plat for the Kent Station development He noted that this is also a
quasi-judicial hearing and explained the City of Kent currently owns the Kent station property that
is the subject of this appeal, and as a result, the City Council is adjudicating the rights of the
parties to this appeal and, at the same time, represents the city that owns and may, in the future,
sell this property to the applicant. He said he is making this disclosure of a potential conflict of
interest because an issue arises as to whether the City Council could be disqualified under the
State Appearance of Fairness doctrine. He said that because disqualification would result in a lack
of a quorum on this matter, the"rule of necessity"permits all Council members to fully participate
and vote in these proceedings.
Walter stated that Mr. Shaffer and Kent C.A R E S. have submitted a number of documents
indicating that they believe they were not timely served with certain documents from Kent Station
LLC and the City of Kent, and would therefore not receive a fair hearing. He distributed copies of
a letter dated June 17, 2003, from Mr Shaffer on behalf of Kent C A R E.S addressed to Kent
Station LLC and the City of Kent with an attached letter Shaffer had written to Walter at his office
address Walter noted that the document was not received by delivery or fax by 5.45 p.m when
he left to attend this meeting ORR MOVED to make the communication from Mr Shaffer part of
the public record. Epperly seconded and the motion earned.
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Kent City Council Minutes June 17, 2003
Woods stated that it has come to her attention that the appellants are objecting to service of
documents submitted by the city and the applicant which the appellants claim were served on
them after the deadline. She said in order to avoid any claims that any party was denied an
adequate amount of time to prepare for this appeal, it is in the best interest of all parties to
continue the closed record appeal hearing on this matter until the July 15`h Council meeting.
WOODS MOVED 1)that the closed-record appeal hearing on this matter be continued to
Tuesday, July 15, 2003 at 7:00 p.m.; 2)that the record in this closed-record appeal is hereby
closed, and that no new or additional evidence, documents or motions of any kind from any of the
parties to the appeal will be considered by the City Council at the continued hearing; 3)that the
City Council hear argument and rule on the admissibility of any documents submitted as
"supplemental" evidence or"new information"by any party at the July 15 re-scheduled hearing;
and 4)that Michael Walter, the attorney hired by the City to advise the City Council on this
matter, be directed to send a letter to the parties to this appeal confirming the new hearing date,
confirming that no new or additional documents, evidence or motions from any of the parties will
be considered, and confirming that the City Council will decide the admissibility of"new
information" or"supplemental evidence" at the July 15, 2003 closed record appeal hearing. Orr
seconded and the motion carved
BIDS
A. 111th Avenue SE Sidewalk Improvements. (CFN-1038) The bid opening for this project
was held on June 6th with five bids received. The Engineer's estimate was $72,925.33. The low
bid was submitted by Archer Construction, Inc. in the amount of$60,889.88, and the Public
Works Director recommends awarding this contract to them CLARK SO MOVED Yingling
seconded and the motion carved
CONTINUED COMMUNICATIONS
A. Tax Increase. (CFN-198&104) Bob O'Bnen, 1131 Seattle Street, suggested that all City
employees give up their cost of living increase next year.
B. Police Correspondence. (CFN-122)Peter Serletti, distributed copies of his resume and a
letter to Police Chief Crawford which has not been answered He explained that the issue is
speeding, Chief Crawford stated that he has drafted a letter in response, and Woods suggested that
Serletti and Cluef Crawford talk after the meeting
ADJOURNMENT
At 7:42 p.m., EPPERLY MOVED to adjourn. Yingling seconded and the motion carved.
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Brenda Jacober, CMC
City Clerk
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