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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 09/02/2003 • KEN T Kent City Council Meeting W A 3 H I N O T O N September 2,2003 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, White, Woods and Yingling. Councilmember Peterson was excused from the meeting. Approximately 30 people were in attendance. (CFN-198) CHANGES TO AGENDA A. From Council,Administration or Staff. (CFN-198) CAO Martin removed pending litigation from the Executive Session. The Mayor requested that Item 7A be heard after the Executive Session. B. From the Public. (CFN-198) At the request of Bob O'Brien, Continued Communications Item 11 A was added. PUBLIC COMMUNICATIONS A. Employee of the Month. (CFN-147) Mayor White announced that Kurt Palowez and Jim Cordova of the Public Works Engineering Division have been chosen as Employees of the Month for September. CONSENT CALENDAR WOODS MOVED to approve Consent Calendar Items A though N. Orr seconded and the motion carried. A. Approval of Minutes. (CFN-198) The minutes of the regular meeting of August 19, 2003, were approved. B. Approval of Bills. (CFN-104) Payment of the bills received through August 15 and paid on August 15 after auditing by the Operations Committee on August 19, 2003, were approved. Approval of checks issued for vouchers: Date Check Numbers Amount 8/15/03 Wire Transfers 1480-1491 $10,132,988.73 8/15103 Prepays& 551891 1,889,797.23 8/15/03 Regular 552550 1,148,498.47 $13,171,284.43 Approval of interim checks: Date Check Numbers Amount 8/8/03 Interim Checks 272059 $ 58.64 8/12/03 Interim Checks 272060-272062 128.50 8/13/03 Interim Checks 272063-272067 1,027.65 $1,214.79 C. LID 356, 111th Avenue SE Sanitary Sewers Ordinance, (CFN-1280) Ordinance No. 3657 establishing Local Improvement District("LID") 356 was adopted. 1 Kent City Council Minutes September 2, 2003 D. Rodenhauser Latecomer Agreement. (CFN-485) Darrell Rodenhauser has extended the sanitary sewer main to serve his property along SE 274`h Street including three additional lots. Two owners have negotiated directly with Mr. Rodenhauser to pay their proportion of the cost. The Public Works Director was authorized to execute a sewer latecomer agreement with Darrell Rodenhauser for the Rodenhauser sewer extension. E. Sensitive Area Ouitclaim Deed from The Boeing Company. (CFN-1038) Approximately 10.98 acres of real property located at the Northeast intersection of S. 196`h Street and 72°a Ave. S. was accepted from the Boeing Company by sensitive area quitclaim deed, subject to the City Attorney's and the Public Works Director's concurrence of the language therein. F. State Grant for Commute Trip Reduction Program. (CFN-171sf) The Mayor was authorized to sign the Commute Trip Reduction Implementation Grant Agreement,upon concurrence of the language therein by the City Attorney. G. Six-Year Transportation Improvement Plan. (CFN-164) September 16, 2003,was set as the Public Hearing date for adoption of the Six-Year Transportation Improvement Program (2004—2009). H. South 277th Street Improvement Project. (CFN-171sf) The South 277`h Street Improvement project was accepted as complete and the retainage to Mid Mountain Contractors, Inc. is to be released upon standard releases from the State and release of any liens. I. 2003 Asphalt Overlays Project. (CFN-103) The 2003 Asphalt Overlays project was accepted as complete and the retainage to Western Asphalt is to be released upon standard releases from the State and release of any liens. J. 2004 Budget, Capital Facilities Plan Amendment and School District Capital Facilities Plan Updates. (CFN-961,775&377) September 16, 2003 was set as the date for public hearings to consider the 2004 budget, amendment of the Capital Facilities Element of the Kent Comprehensive Plan, and amendment of Chapter 12.13 Kent City Code to incorporate updated Capital Facilities Plans of the Kent and Federal Way School Districts, addition of the Capital Facilities Plan of the Auburn School District, and changes to adopted school impact fees. K. Excused Absence for Councilmember Peterson. (CFN-198) An excused absence from the September 2,2003 City Council meeting for Councilmember Peterson,was approved. L. Amendment to Delinquent Accounts Ordinance. (CFN-104) Ordinance No. 3658 amending Ch. 3.10 of the Kent City Code regarding delinquent accounts and the assessment of penalties and interest, was adopted. M. City Credit Card Use Clarification Resolution. (CFN-104) Resolution No. 1653 clarifying City credit card use for authorized non-travel related purchases was adopted. N. FIrst Half 2003 Budget Amendment Ordinance. (CFN-186) Ordinance No. 3659 approving the gross consolidating budget adjustment totaling$15,851,033 for budget adjustments made between January 1, 2003 and June 20, 2003 was adopted. 2 Kent City Council Minutes September 2, 2003 BIDS A. Pacific Hiehway South HOV Lanes—South Phase—S. 272nd Street to S. 252nd Street— Joint Utility Trench. (CFN-1038) The bid opening for this project was held on August 19, 2003 with three bids received. The low bid was submitted by Pilchuck Diversified Services in the amount of$1,136,744.30. The Engineer's estimate was $1,196,128.38. The Public Works Director recommends awarding this contract to Pilchuck Diversified Services. CLARK SO MOVED. Yingling seconded and the motion carried. B. Water Treatment Chemical Supply For 2003-2004—Sodium Fluoride. (CFN-675) The bid opening for this project was held on August 18, 2003 with four bids received. The low bid was submitted by Cascade Columbia Distribution Company in the amount of$29,180.16. The Public Works Director recommends awarding this contract to Cascade Columbia Distribution Company. CLARK SO MOVED. White seconded and the motion carried. REPORTS C. Public Safety Committee. (CFN-198) Epperly noted that the next meeting will be held at 5:00 p.m. on September 9th. E. Plannine Committee. (CFN-198) Orr noted that the next meeting will be held at 3:00 p.m. on September 16th. F. Parks Committee. (CFN-198) Woods noted that the next meeting will be at 4:00 p.m. on September 9 . G. Administrative Reports. (CFN-198) Martin reminded Council members of an Executive Session of approximately 15 minutes with no action expected afterward. CONTINUED COMMUNICATIONS A. Citizen Survey Report. (CFN-198) Bob O'Brien, 1131 Seattle St., suggested eliminating the Citizen Survey report in 2004,having a public hearing regarding a potential $40,000,000 bond issue, and looking locally for an Information Technology Director. OTHER BUSINESS A. Owest Conditional Use Appeal Closed Record Hearing CE-2001-3. (CFN-1281) Mayor White noted that the Hearing Examiner's Decision on Remand was issued on May 10, 2003, and that this is a closed record appeal of the decision. City Attorney Brubaker explained that this is a quasi-judicial hearing, that there is a conflict of interest for the City of Kent and the City Attorney's Office, and that Michael Walter of Keating Bucklin&McCormack will represent the City Council. Walter suggested having an executive session of approximately 15 minutes to discuss legal matters. The meeting recessed at 7:42 p.m. and reconvened at 8:14 p.m. Mayor White turned the chairmanship over to Council President Woods. Mr. Walter questioned the Council members about appearance of fairness issues, and asked if others had disclosures to make. There were no other comments or objections. Paul Morford,P. O. Box 6345,Kent, 98064, said there would be detriment to his property and provided copies of pictures of the site,which are already in the record. His attorney, Michael 3 Kent City Council Minutes September 2, 2003 Hanis, of Hanis Greaney Zoro, 6703 S. 234' Street,Kent, explained their position and stated that the Hearing Examiner made an error of law. Mike Witek, of Helsell Fetterman,representing Qwest, explained their position and said that the appellant cannot show that the Qwest second floor addition would damage or injure his property in any way that a permitted use would not. Kim Adams Pratt, Assistant City Attorney, explained the City's position and noted that staff still supports the recommendation made to the Hearing Examiner in 2001, and feels it is in compliance with the Comprehensive Plan. Hanis disagreed with some of Pratt's comments, and said the Council doesn't have enough information to make a decision. At 9:15 p.m.,the meeting recessed to Executive Session for approximately 30 minutes. It reconvened at 9:45 p.m. ORR MOVED to affirm the Hearing Examiner's decision to deny the appeal of May 10, 2002, and to affirm the subsequent Hearing Examiner decisions on that appeal. Clark seconded and, after comments from some Council members regarding their decision, the motion carried 5 to 1, with Epperly opposed. ADJOURNMENT (CFN-198) At 9:55 p.m., WOODS MOVED to adjourn. Orr seconded and the motion carried. 4Brenda Jacober, C City Clerk 4 KEN T Kent City Council Meeting W A S M I N O T O N September 2, 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, White, Woods and Yingling. Councilmember Peterson was excused from the meeting. Approximately 30 people were in attendance. (CFN-198) CHANGES TO AGENDA A. From Council,Administration or Staff. (CFN-198) CAO Martin removed pending litigation from the Executive Session. The Mayor requested that Item 7A be heard after the Executive Session. B. From the Public. (CFN-198) At the request of Bob O'Brien, Continued Communications Item 11 A was added. PUBLIC COMMUNICATIONS A. Employee of the Month. (CFN-147) Mayor White announced that Kurt Palowez and Jim Cordova of the Public Works Engineering Division have been chosen as Employees of the Month for September. CONSENT CALENDAR WOODS MOVED to approve Consent Calendar Items A though N. Orr seconded and the motion carried. A. Approval of Minutes. (CFN-198) The minutes of the regular meeting of August 19, 2003, were approved. B. Approval of Bills. (CFN-104) Payment of the bills received through August 15 and paid on August 15 after auditing by the Operations Committee on August 19, 2003, were approved. Approval of checks issued for vouchers: Date Check Numbers Amount 8/15/03 Wire Transfers 1480-1491 $10,132,988.73 8/15/03 Prepays & 551891 1,889,797.23 8/15/03 Regular 552550 1,148,498.47 $13,171,284.43 Approval of interim checks: Date Check Numbers Amount 8/8/03 Interim Checks 272059 $ 58.64 8/12/03 Interim Checks 272060-272062 128.50 8/13/03 Interim Checks 272063-272067 1,027.65 $1,214.79 C. LID 356, 111th Avenue SE Sanitary Sewers Ordinance. (CFN-1280) Ordinance No. 3657 establishing Local Improvement District("LID") 356 was adopted. 1 Kent City Council Minutes September 2,2003 D. Rodenhauser Latecomer Agreement. (CFN-485) Darrell Rodenhauser has extended the sanitary sewer main to serve his property along SE 270 Street including three additional lots. Two owners have negotiated directly with Mr. Rodenhauser to pay their proportion of the cost. The Public Works Director was authorized to execute a sewer latecomer agreement with Darrell Rodenhauser for the Rodenhauser sewer extension. E. Sensitive Area Ouitclaim Deed from The Boeing Company. (CFN-1038) Approximately 10.98 acres of real property located at the Northeast intersection of S. 196'Street and 72°d Ave. S. was accepted from the Boeing Company by sensitive area quitclaim deed, subject to the City Attorney's and the Public Works Director's concurrence of the language therein. F. State Grant for Commute Trip Reduction Program. (CFN-171sf) The Mayor was authorized to sign the Commute Trip Reduction Implementation Grant Agreement, upon concurrence of the language therein by the City Attorney. G. Six-Year Transportation Improvement Plan. (CFN-164) September 16, 2003,was set as the Public Hearing date for adoption of the Six-Year Transportation Improvement Program (2004—2009). H. South 277th Street Improvement Project. (CFN-171sf) The South 277"' Street Improvement project was accepted as complete and the retainage to Mid Mountain Contractors, Inc. is to be released upon standard releases from the State and release of any liens. I. 2003 Asphalt Overlays Project. (CFN-103) The 2003 Asphalt Overlays project was accepted as complete and the retainage to Western Asphalt is to be released upon standard releases from the State and release of any liens. J. 2004 Budget, Capital Facilities Plan Amendment and School District Capital Facilities Plan Updates. (CFN-961,775&377) September 16, 2003 was set as the date for public hearings to consider the 2004 budget, amendment of the Capital Facilities Element of the Kent Comprehensive Plan, and amendment of Chapter 12.13 Kent City Code to incorporate updated Capital Facilities Plans of the Kent and Federal Way School Districts, addition of the Capital Facilities Plan of the Auburn School District, and changes to adopted school impact fees. K. Excused Absence for Councilmember Peterson. (CFN-198) An excused absence from the September 2, 2003 City Council meeting for Councilmember Peterson,was approved. L. Amendment to Delinquent Accounts Ordinance. (CFN-104) Ordinance No. 3658 amending Ch. 3.10 of the Kent City Code regarding delinquent accounts and the assessment of penalties and interest,was adopted. M. City Credit Card Use Clarification Resolution. (CFN-104) Resolution No. 1653 clarifying City credit card use for authorized non-travel related purchases was adopted. N. First Half 2003 Budget Amendment Ordinance. (CFN-186) Ordinance No. 3659 approving the gross consolidating budget adjustment totaling$15,851,033 for budget adjustments made between January 1, 2003 and June 20,2003 was adopted. 2 Kent City Council Minutes September 2,2003 BIDS A. Pacific Hiehway South HOV Lanes—South Phase—S. 272nd Street to S. 252nd Street— Joint Utility Trench. (CFN-1038) The bid opening for this project was held on August 19, 2003 with three bids received. The low bid was submitted by Pilchuck Diversified Services in the amount of$1,136,744.30. The Engineer's estimate was $1,196,128.38. The Public Works Director recommends awarding this contract to Pilchuck Diversified Services. CLARK SO MOVED. Yingling seconded and the motion carried. B. Water Treatment Chemical Supply For 2003-2004—Sodium Fluoride. (CFN-675) The bid opening for this project was held on August 18, 2003 with four bids received. The low bid was submitted by Cascade Columbia Distribution Company in the amount of$29,180.16. The Public Works Director recommends awarding this contract to Cascade Columbia Distribution Company. CLARK SO MOVED. White seconded and the motion carried. REPORTS C. Public Safety Committee. (CFN-198) Epperly noted that the next meeting will be held at 5:00 p.m. on September 9th. E. Plannin2 Committee. (CFN-198) Orr noted that the next meeting will be held at 3:00 p.m. on September 16th. F. Parks Committee. (CFN-198) Woods noted that the next meeting will be at 4:00 p.m. on September T1. G. Administrative Reports. (CFN-198) Martin reminded Council members of an Executive Session of approximately 15 minutes with no action expected afterward. CONTINUED COMMUNICATIONS A. Citizen Survey Report. (CFN-198) Bob O'Brien, 1131 Seattle St., suggested eliminating the Citizen Survey report in 2004, having a public hearing regarding a potential $40,000,000 bond issue, and looking locally for an Information Technology Director. OTHER BUSINESS A. Owest Conditional Use Appeal Closed Record Hearing CE-2001-3. (CFN-1281) Mayor White noted that the Hearing Examiner's Decision on Remand was issued on May 10,2003, and that this is a closed record appeal of the decision. City Attorney Brubaker explained that this is a quasi-judicial hearing, that there is a conflict of interest for the City of Kent and the City Attorney's Office, and that Michael Walter of Keating Bucklin&McCormack will represent the City Council. Walter suggested having an executive session of approximately 15 minutes to discuss legal matters. The meeting recessed at 7:42 p.m. and reconvened at 8:14 p.m. Mayor White turned the chairmanship over to Council President Woods. Mr. Walter questioned the Council members about appearance of fairness issues, and asked if others had disclosures to make. There were no other comments or objections. Paul Morford,P. O. Box 6345,Kent, 98064, said there would be detriment to his property and provided copies of pictures of the site,which are already in the record. His attorney,Michael 3 Kent City Council Minutes September 2, 2003 Hanis, of Hanis Greaney Zoro, 6703 S. 234`h Street,Kent, explained their position and stated that the Hearing Examiner made an error of law. Mike Witek, of Helsell Fetterman,representing Qwest, explained their position and said that the appellant cannot show that the Qwest second floor addition would damage or injure his property in any way that a permitted use would not. Kim Adams Pratt, Assistant City Attorney, explained the City's position and noted that staff still supports the recommendation made to the Hearing Examiner in 2001, and feels it is in compliance with the Comprehensive Plan. Hanis disagreed with some of Pratt's comments, and said the Council doesn't have enough information to make a decision. At 9:15 p.m., the meeting recessed to Executive Session for approximately 30 minutes. It reconvened at 9:45 p.m. ORR MOVED to affirm the Hearing Examiner's decision to deny the appeal of May 10, 2002, and to affirm the subsequent Hearing Examiner decisions on that appeal. Clark seconded and, after comments from some Council members regarding their decision,the motion carried 5 to 1, with Epperly opposed. ADJOURNMENT (CFN-198) At 9:55 p.m., WOODS MOVED to adjourn. On seconded and the motion carried. Brenda Jacober, C City Clerk 4