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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 1 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. 2 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) 3 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 4 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 5