HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 07/15/2003 •
KEN T Kent City Council Meeting
W A$NINOTON July 15,2003
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, and Woods. Councilmember
Yingling was excused from the meeting. Approximately 85 people were in attendance
CHANGES TO AGENDA
A. From Council. (CFN-198) Consent Calendar Item O was added by Council President
Woods. SHE MOVED to take the agenda out of order. Orr seconded White asked to remove
Item F from the Consent Calendar The motion then carried.
PUBLIC COMMUNICATIONS
A. Legislative Recognition. (CFN-198) Assistant Chief Administrative Officer Laurent
introduced the Senators and Representatives in attendance and recognized the efforts of all of
Kent's legislators on behalf of the City.
B Proclamation—National Night Out. (CFN-155) Mayor White declared August 5,2003,
as National Night Out and presented the proclamation to Police Chief Crawford. Council
President Woods noted that the Council meeting of that date will be held at 5 00 p.m. rather than
7.00 p in. so that Councilmembers can participate in the National Night Out program
CONSENT CALENDAR
WOODS MOVED to approve Consent Calendar Items A through O, with the exception of
Item F Orr seconded and the motion carried
A Approval of Minutes. (CFN-198) The minutes of the regular meeting of July 3, 2003,
were approved.
B Approval of Bills. (CFN-104) Payment of the bills received through June 30 and paid on
June 30 after auditing by the Operations Committee on July 1, 2003,were approved as follows-
Approval of checks issued for vouchers:
Date Check Numbers Amount
6/30/03 Wire Transfers 1450-1460 $1,019,243.89
6130103 Prepays & 550074 401,194.41
6/30/03 Regular 550073 1,647,741.42
$3,068,179.72
Approval of checks issued for payroll for June 1 through June 15 and paid on June 20,2003:
Date Check Numbers Amount
6/6/03 Interim Checks 270836-270837 $ 2,817.25
$ 2,817.25
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Kent City Council Minutes July 15, 2003
6/20/03 Checks 27083 8-27 1 142 $ 240,036.08
6/20/03 Advices 149348-150030 1,194,431 63
$1,434,467 71
C. Amendment to Washington City and County Pipeline Safety Consortium Agreement.
(CFN-1065) The Mayor was authorized to sign Amendment 2 to Interlocal Agreement
establishing the Washington City and County Pipeline Safety Consortium, extending the
agreement for one year.
D. Kent City Code Amendment, Capital Facilities Element Yearly Update Process.
(CFN-377) Ordinance No. 365% amending Chapter 12.02 of the Kent City Code, to add
provisions for considering city initiated amendments to the comprehensive plan more than once
per year and providing for a public hearing before the City Council rather than the Land Use and
Planning Board for certain amendments to the Capital Facilities Element,was adopted
E Purchase of One Replacement Fire Engine. (CFN-122sf) The Mayor was authorized to
sign the contract between the City of Kent and Pierce manufacturing for the purchase of one(1)
replacement fire engine
F. REMOVED BY COUNCILMEMBER WHITE
Flexpass Contract 2003-2004. (CFN-171 sf) Councilmember White stated that it is his belief
that taxpayers should not have to pay for City employees to travel to and from work WOODS
MOVED to authorize the Mayor to sign the administrative contract with King County and
Sound Transit effective July 1, 2003 through June 30, 2004. Clark seconded Becky Fowler of
Employee Services explained the cost of the program. The motion then carved with White
opposed.
G Group Health Cooperative Contract Renewal. (CFN-147) The Mayor was authorized to
sign the Group Health Cooperative contract effective January 1, 2003 through December 31,
2003.
H Alexander Sewer Extension Bill Of Sale. (CFN484) As recommended by the Public
Works Director,the Bill of Sale for the Alexander Water and Sewer Extension was accepted
I Torklift Parking Lot Street Improvement Bill of Sale. (CFN-484) As recommended by
the Public Works Director, the Bill of Sale for Torklift Parking Lot Street Improvements was
accepted.
J. Kent Valley Ice Arena Utility Improvement Bill of Sale. (CFN-484) As recommended
by the Public Works Director,the Bill of Sale for Kent Valley Ice Arena Utility Improvements
was accepted
K Proposed LID 356, 111th Avenue Sanitary Sewers, Set Public Hearing Date,
Resolution. (CFN-1280) As recommended by the Public Works Committee, Resolution
No 1649 setting a public hearing date of August Wb for the formation of LID 356,was
adopted.
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Kent City Council Minutes July 15, 2003
L Change of City Council Meeting Time. (CFN-198) Ordinance No. 3651,which changes
the City Council meeting time on August 5, 2003, from 7.00 p.m. to 5 00 p in , was adopted
M. Tahoma Vista Rezone Ordinance. (CFN-121) Ordinance No 3652 rezoning property
from Single Family Residential (SR-4 5), to Single Family Residential(SR-6),was adopted.
N U.S. Department of Education Grant. (CFN-122sf) As recommended by the Public
Safety Committee, the Kent Police Department's application for the U.S. Department of
Education, Life Stalls for State and Local Prisoners Program Grant,was authorized
O. ADDED BY COUNCIL PRESIDENT WOODS
Excused Absence. (CFN-198) An excused absence from tonight's meeting for
Councilmember Yingling was approved
BIDS
A Reith Road Water Main Improvements.42nd Avenue South to Puma Station#4.
(CFN-1038) The bid opening for this project was held on July 2, 2003 with four bids received
The low bid was submitted by Kar-Vel Construction Cc in the amount of$212,289 96. The
Engineer's estimate was $328,787.07. The Public Works Director recommends awarding this
contract to Kai-Vel Construction Cc CLARK SO MOVED. Peterson seconded and the motion
carved.
B Garrison Well& East Hill Well Replacement Wells. (CFN-1038) The bid opening for
this project was held on July 7, 2003 with two bids received. The low bid was submitted by
Hokkaido Drilling, Inc. in the amount of$273,196.80 The Engineer's estimate was
$270,933.76. The Public Works Director recommends awarding this contract to Hokkaido
Drilling, Inc , subject to contract reduction for contingency items 1084 through 1096 CLARK
SO MOVED. Peterson seconded with an amendment to correct contingency item 1084 to 1086
The motion carried.
REPORTS
Administrative Reports. (CFN-198) Martin reminded Councilmembers of an Executive
Session of 10-15 minutes to discuss potential property acquisition. He added that action after
the Executive Session is expected.
EXECUTIVE SESSION
The meeting recessed to Executive Session at 7:32 p.m and reconvened at 7.44 p in. (CFN-198)
ACTION AFTER EXECUTIVE SESSION
WOODS MOVED to approve the Northwest Housing Guild Purchase and Sale Agreement for
the Clasen property, to authorize the Mayor to execute any and all documents necessary to close
the land transaction upon review by the City Attorney, and to appropriate closing costs from the
Parks Land Acquisition account. Epperly seconded and the motion carved. (CFN-118gf)
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Kent City Council Minutes July 15, 2003
PUBLIC HEARINGS
A Kent Downtown Public Market Development Authority. Transfer of Property and
Dissolution. (CFN-462sf) Mayor White noted that this date has been set for a public hearing
on the proposed dissolution of the PDA, and declared the public hearing open There were no
comments from the audience and WOODS MOVED to close the public hearing Orr seconded
and the motion carved WOODS MOVED to adopt Ordinance No 3649 dissolving the Kent
Downtown Public Market Development Authority, indemnifying the PDA Boardmembers, and
authorizing the Mayor to take any action or sign any documents necessary to dissolve the PDA.
Epperly seconded and the motion carved.
B Formation of LID 355, SE 2161h & 104th Place SE Sanitary Sewers. (CFN-1279) City
Engineer Gary Gill explained the project, including the history, the need for the project, the
number of protests, and options if the LID is not formed WOODS MOVED to make all
correspondence a part of the public record. Orr seconded and the motion carved
The Mayor opened the public hearing. The following speakers were in favor of formation of the
LID, noting that the septic system is failing, that payments can be made over 10-15 years, and
that the failing systems cause danger to the community
Tim O'Neil, 21621 105th Avenue SE, Lot 7
Dean Slaughter 21615 105th Place SE Lot 6
Claudia Jacobus 10510 SE 220`h Street Lot 38
Nyoka Huddleston 10319 SE 216`h Street Lot 3
Kathy Pryor 10513 SE 220th Street Lot 29
Nigel Southey Developer Lots 1 &2
Jim Goldbaum 21629 105th Place SE Lot 8
Joel Johnson 21622 105`h Place SE Lot 12
The following citizens spoke in opposition to the LID, saying the revised plan and the process
were unfair, and the costs are high
Loren Bonholzer 10426 SE 210 Street Lot 19
Barry Ford 21905 105th Avenue SE Lot 24
Renee Ford 21905 105th Avenue SE Lot 24
Tina Bonholzer 10426 SE 219`h Street Lot 19
Lawrence Shoemaker 21915 105`h Avenue SE Lot 25
There were no further comments from the audience and WOODS MOVED to close the public
hearing. Clark seconded and the motion carved. Staff responded to questions asked by Robert
Brooks, 21637 105th Place SE, Lot 9, and Councilmembers regarding interest rates, sewer
charges, and pollution. CLARK MOVED to approve the formation of LID 355 for construction
of the SE 210h and 104th Place SE Sanitary Sewers project, including related improvements, and
to direct the City Attorney to prepare the necessary ordinance. Peterson seconded and the
motion carried
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Kent City Council Minutes July 15, 2003
OTHER BUSINESS
A. Kent Station Preliminary Plat. Closed Record Anneal(#-2002-9/KIVA#RPP3-
202355 . (CFN-1277) The Mayor noted that the Hearing Exammer approved the preliminary
plat for Kent Station on January 30, 2003. The City Attorney turned his chair over to Mike
Walter, attorney representing the City Council, who explained the appeal and the process, and
pointed out that the Rule of Necessity applies in this case. At 9 25 p m , the Council went into
Executive Session for approximately fifteen minutes, and reconvened at 9 52 p in At that point,
Mayor White turned the chairmanship over to Council President Woods. Walter explained the
history of the appeal and the procedure to be followed
Don Shaffer,Kent C.A.R.E.S., and Kim Adams Pratt, Assistant City Attorney, each explained
the supplementary evidence they wish to submit, as shown in the Supplementary Evidence
binder
ORR MOVED to deny the admittance of the supplemental information supplied by Kent
C.A.R.E S Clark seconded. Orr noted that that information was available prior to the hearing
in January. The motion then carried. ORR MOVED that the City's information be accepted
because it was not available at the time of the hearing Peterson seconded and the motion
carved.
Mr. Shaffer, 2070 N. 78`h Street, Seattle, representing Kent C.A R E S , then used his 30 minute
time allotment to speak about the City's conflict of interest,the Planned Unit Development and
appeals, freedom of speech, toxic contamination at the Borden site, the submittal of additional
evidence, and a violation of the PUD procedure. Ms Pratt noted that there was no violation of
the PUD procedure, and addressed the issues of contamination,PUD appeals, the Hearing
Examiner's decision, and public notification. Donald Marcy, 524 Second Avenue, Seattle,
representing Kent Station, LLC, stated that the contamination is not at a level which creates a
great deal of concern, and that the Hearing Examiner was aware of the potential impact to the
areas to the north when he made his decision. (Pratt and Marcy used approximately 15 minutes
of their time allotment.)
At 10:55 p in., the Council recessed to Executive Session for five minutes. Upon their return, at
11:01 p in., ORR MOVED to sustain the Hearing Examiner's January 30, 2003, Findings,
Conclusions and Decision. Peterson seconded Orr explained that there are no criteria to
reverse the decision. The motion then carried.
ADJOURNMENT
At 11-05 p.m., WOODS MOVED to adjourn the meeting. Orr seconded and the motion carved
(CFN-198)
Brenda Jacober, CMC
City Clerk
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