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KENT Kent City Council Meeting
W A S H I N O T O N December 9,2003
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. (CFN-198)
CHANGES TO AGENDA
A. From Council,Administration or Staff. (CFN-198) CAO Martin noted the addition of
Consent Calendar Items Y and Z, changes to Consent Calendar Item M and Other Business Items
C, D, and E, the moving of Consent Calendar Item Y to Other Business as Item F, and the addition
of pending litigation and property negotiations to the Executive Session.
B. From the Public. (CFN-198) At the request of Bob O'Brien, Continued Communications
Items A and B were added to the agenda.
PUBLIC COMMUNICATIONS
A. Employee of the Month. (CFN-147) Mayor White announced that Kathy Allard of Housing
and Human Services has been selected as December Employee of the Month.
B. Green Business of the Year Award. (CFN-155) Paul Divine, General Manager of Olympic
Environmental Resources,presented the Green Business of the Year Award to Mikron Industries
for their outstanding achievements in waste reduction, recycling and purchasing recycled-content
products.
C. Introduction of Appointees. (CFN-198) Mayor White announced his appointees to various
Boards and Commissions, and introduced those in attendance.
PUBLIC HEARINGS
A. Comprehensive Plan Amendment,Capital Improvements Plan 2004-2009.
(CFN-377,775&961) The Capital Improvement Plan includes all capital expenditures for the next
six years and is updated and incorporated into the Capital Facilities Element of the Comprehensive
Plan on an annual basis. Because of the Washington Supreme Court's approval of Initiative 776,
the City will suffer an additional loss of approximately $800,000 per annum, and the Capital
Improvement Plan must reflect this loss. Martin pointed out that this loss will affect the Street
Fund including sidewalk programs, overlays, bike paths,potholes, street trees, and matching
funds. Public Works Director Wickstrom outlined projects which would be affected, including
improvements near I-5 and S. 272"d, widening the intersection at Military and Reith Road, and
completion of the missing link at 72"d Avenue So. south of 196d' Street. He added that without
new revenue sources, after 2007 funds will be available only for maintenance and operation.
WOODS MOVED to make a letter from Kent C.A.R.E.S. objecting to the CIP proposal a part of
the record. Orr seconded and the motion carried.
Mayor White opened the public hearing. There were no comments from the audience, and
WOODS MOVED to close the public hearing. Orr seconded and the motion carried. CLARK
MOVED to adopt Ordinance No. 3667 relating to CPA-2003-5 amending the Capital Facilities
Element of the Comprehensive Plan to include the Capital Improvement Plan for 2004-2009,
which adoption shall be contingent upon Council approval of Consent Calendar Items N and O.
Peterson seconded and the motion carried.
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Kent City Council Minutes December 9, 2003
CONSENT CALENDAR
WOODS MOVED to approve Consent Calendar Items A though Z, including the appointments to
the Land Use and Planning Board and the Kent Regional Justice Center Advisory Board, and the
technical correction to Item M, and removal of Item Y. Orr seconded and the motion carried.
A. Approval of Minutes. (CFN-198) The minutes of the regular meeting of November 18,
2003, were approved.
B. Approval of Bills. (CFN-104) Payment of the bills received through November 14 and paid
on November 14 after auditing by the Operations Committee on November 18, 2003 were
approved.
Annroval of checks issued for vouchers:
Date Check Numbers Amount
11/14/03 Wire Transfers 1549-1560 $1,028,635.58
11/14/03 Prepays & 555550 419,876.65
11/14/03 Regular 556131 984,981.01
$2,433,493.24
Aooroval of checks issued for pa olloll for October 16 through October 31 and paid on
November 5, 2003:
Date Check Numbers Amount
11/5/03 Checks 273525-273813 $ 230,157.19
11/5/03 Advices 155305-155961 1,177,875.92
$1,408,033.11
C. Kent Reporter Contract. (CFN-198) The 2004 Kent Reporter contract was approved and
the Mayor authorized to sign the contract.
D. Grant from State of Washington Department of Health,Office of Emergency Medical
and Trauma Prevention. (CFN-122) The grant funds received from the State of Washington
were accepted and the funds applied toward the purchase of Acu-check Glucometers and Pelican
Boxes.
E. Vehicle and Equipment Surplus and Sale. (CFN-136) Equipment and vehicles no longer
needed by the City were declared surplus and appropriate disposing of the equipment as described
and listed in the memorandum by staff was authonzed.
F. 2004 Kent Lodging Association Contract and Budget. (CFN-1170) The Mayor was
authorized to sign the 2004 Kent Lodging Association contract and the budget allocation of
$31,670 was approved.
G. S. 248th Street Improvements, (94th Avenue S. —100th Avenue SE) Project. (CFN-1038)
The S. 248th St. Improvements project was accepted as complete and release of the retainage to
R.W. Scott Construction upon standard releases from the state and release of any liens was
authorized.
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Kent City Council Minutes December 9, 2003
H. 2004 City Art Plan 2004-2009. (CFN-815) The 2004 City Art Plan and 2004-2009 Five-
Year Art Plan was approved.
I. King County Artist-In-School Project Grant. (CFN-118) The $1,500.00 Cultural
Development Authority of King County grant for the Artist-in-School Project was accepted and
the Kent Arts Commission budget was amended.
J. Reimbursement for Street Tree Replacement. (CFN-118) The$200.00 from Urban
Hardwoods for reimbursement of recycled street trees was accepted and the Street Tree
Replacement budget was amended.
K. 2003 LTGO Councilmanic Bonds Ordinance. (CFN-104) Ordinance No. 3672 the 2003
LTGO Councilmanic Bond ordinance was adopted.
L. Accounts Receivable Write-Off. (CFN-104) Authorization to write-off uncollectible
accounts in the amount of$9,252.51 for accounts from 1992 through 2002 of miscellaneous
Accounts Receivable,Utility Billing receivables and customer accounts was given.
M. 2003 Budget Adiustment Ordinance. (CFN-186) Ordinance No. 3673 approving the
technical gross budget adjustment ordinance totaling$16,070.136 for budget adjustments made
between July 1 and December 31, 2003 including a technical correction to the amount was
adopted.
N. Comprehensive Plan Amendment—School Districts' Capital Facilities Plans Ordinance.
(CFN-775&961) Ordinance No. 3674 relating to CPA-2003-3, amending the Capital Facilities
Element of the Comprehensive plan to include the amended Capital Facilities Plans of the Kent
and Federal Way School Districts, and which includes for the first time the Auburn School
District's Capital Facilities Plan was adopted.
O. Revisions to Kent City Code Chapter 12.13—School District Impact Fees Ordinance.
(CFN-1000) Ordinance No. 3675 relating to CPA-2003-3, amending the school impact fee
schedule contained in section 12.13.160 of the Kent City Code to reflect changes in the Kent and
Federal Way School Districts' Capital Facilities Plans, and including for the first time the Auburn
School District's Capital Facilities Plan was adopted.
P. 2003 Annual Comprehensive Plan Amendment Ordinance. (CFN-377) Ordinance
No. 3676 relating to the 2003 Comprehensive Plan Amendments CPA-2003-4(A), CPA-2003-
4(B), and CPA-2003-4(C), amending the comprehensive plan land use designations for property
more specifically identified in the Ordinance was adopted.
Q. 2003 Zoning Implementation lementation Ordinance. (CFN-131) Ordinance No. 3677 relating to
zoning map changes CPZ-2003-2, CPZ-2003-3, and CPZ 2003-4, amending the zoning map
designations for property more specifically identified in the ordinance was adopted.
R. Pineridee Final Plat. (CFN-1272) The final plat mylar for Pmeridge#FSU-2001-10,was
approved and the Mayor was authorized to sign the mylar.
S. Alvin's Pond Final Plat. (CFN-1272&1181) The final plat mylar for Alvin's Pond
#FSU-97-3, was approved and the Mayor was authorized to sign the mylar.
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Kent City Council Minutes December 9, 2003
T. Autumn Glen Final Plat. (CFN-1272) The final plat mylar for Autumn Glen#FSU-2001-7,
was approved and the Mayor was authorized to sign the mylar.
U. Kent Land Use and Planning Board Appointment and Re-Appointment. (CFN-174) The
Mayor's appointment of Ms. Elizabeth Watson and re-appointment of Mr. Jon Johnson to serve as
members of the Kent Land Use and Planning Board was confirmed.
V. Kent Bicycle Advisory Board Re-Appointments. (CFN-997) The Mayor's re-appointments
of Mr. Bill Miller, Mr. Steve Nuss and Mr. Jacob Grob to continue serving as members of the
Kent Bicycle Advisory Board was confirmed.
C=
W Q� W. Kent Arts Commission Re-Appointment. (CFN-839) The Mayor's re-appointment of Scott
t J ; Manthey to continue serving as a member of the Kent Arts Commission was confirmed.
CL
U. X. Kent Human Services Commission Appointment and Re-Appointments. (CFN-873) The
LU C:0 Mayor's appointment of Mr. Jon Botten to serve as a new member of the Kent Human Services
vW Commission was confirmed. The Mayor's re-appointment of Mr. Brad Bell and Pastor Perry
U-) = Raak to continue serving as members of the Commission was confirmed.
C:> Y. Kent Land Use and Planning Board Appointment. (CFN-174) The Mayor's appointment
of Ms. Janette Nuss to serve as a member of the Kent Land Use and Planning Board was
confirmed.
• OTHER BUSINESS
A. Streamlined Sales Tax Resolution. (CFN-104) The proposed resolution supports efforts to
streamline tax collection definitions and procedures and requests that sales tax revenue from
intrastate sales continue to be distributed at the point of sale rather than at the point of delivery.
CAO Martin explained the situation,noting that$3.8 million would be shifted away from the City
of Kent to other cities beginning April 1, 2005. YINGLING MOVED to adopt Resolution No.
1661 supporting the Washington State adoption and implementation of the Streamlined Sales Tax
Agreement and requesting mitigation and linkage to internet and catalog sales taxes. Orr
seconded. Yingling emphasized that a$4,000,000 hit to the City of Kent would be astronomical.
The motion then carried.
B. 2003 Property Tax 1% Statutory Adjustment for 2004 Budget Ordinance. (CFN-104)
The proposed ordinance authorizes the statutorily allowed 1%increase for inflation, which
represents $217,043, in the property tax levy for the 2004 budget. This adjustment is in addition
to increases resulting from the addition of new construction and improvements to property, from
any increase in the value of state-assessed property, from the refund fund levy, and from annexed
properties. Assistant Finance Director Craig explained the calculations. YINGLING MOVED to
adopt Ordinance No. 3668 adopting a 1% increase of$217,043 over the 2003 property tax levy for
the 2004 budget, in addition to increases resulting from new construction, improvements,
increases in state assessed property, other adjustments, and annexed properties. Woods seconded
and the motion carried.
C. 2003 Property Tax Total Lew for 2004 Budget Ordinance. (CFN-104) The proposed
ordinance establishes the actual property tax levy,which is based on a statutorily allowed 1%
increase for inflation and also includes the amounts estimated for new construction, improve-
ments, increases in state assessed property, other adjustments, and any annexations to the City.
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The estimated levy is $22,302,436 for the General Fund and$1,775,000 for the Debt Service
Funds, for an estimated total of$24,077,436. Assistant Finance Director Craig noted that the levy
amounts have been revised based on King County's latest information, and that the total levy is
$24,073,724. YINGLING MOVED to adopt Ordinance No. 3669 establishing the estimated
regular property tax levy of$22,298,724 for the General Fund and$1,775,000 for the Debt
Service funds for a total of$24,073,724. Peterson seconded and the motion carried.
D. 2004 Final Budget Adovtion. (CFN-186) The proposed ordinance adopts the City's 2004
budget,which is summarized in Exhibit A and includes the Preliminary Budget document as
amended by Exhibit B,which constitutes technical corrections made to the Preliminary Budget
since its original publication on October 14, 2003. Martin pointed out the reduction of$800,000
in the Capital Improvement Program. WOODS MOVED to adopt Ordinance No. 3670 adopting
the final 2004 Operating and Capital Budget, which includes Exhibits A and B. Orr seconded.
Martin noted for Councilmember White that public safety is served by this recommendation. The
motion then carried.
E. Outside Utility Service Ordinance. (CFN-200) The proposed ordinance amends Ch. 7.11 of
the Kent City Code to separate and clarify what the City will require in order to provide utility
service to properties located outside the City limits and either within or outside the City's potential
annexation area. Public Works Director Wickstrom explained the amendments to the 13-year-old
ordinance, and the intent of the ordinance. He distributed copies of a revised page 3 showing the
change. CLARK MOVED to adopt Ordinance No. 3671 amending Ch. 7.11 of the Kent City
Code regarding the terms and conditions under which the City will provide utility service to
properties located outside the City limits, as amended. Yingling seconded and the motion carried.
F. Matricula Consular Identification. (CFN-122) Mayor White noted that the proposed
resolution would acknowledge and recognize the Matricula Consular Identification Card as a valid
form of identification for City services. Martin pointed out that the minority population in Kent
has increased from 10%to 30% since 1990, a good portion of which are Mexican nationals. He
explained that the identification card is intended to provide a level of encouragement to the
Hispanic community to use human services and to help them feel comfortable in cooperating with
Police, and added that it cannot be used for buying tobacco or alcohol. EPPERLY MOVED to
adopt Resolution 1662 acknowledging and recognizing the Matricula Consular Identification Card
as a valid form of identification for City services and recommending that private agencies and
institutions within the city also accept the card when doing so would not conflict with State or
Federal laws. Woods seconded.
Upon Councilmember White's questions,Martin confirmed that the intent is to offer services to
people of Mexican descent who are in the country illegally, and that the ID card can be used as
identification in order to obtain a drivers license. Police Chief Crawford said identification
showing a name can help the Police immensely. It was clarified for White that funding for the
motel voucher program comes from Community Development Block Grants. Peterson expressed
concern that people from other countries are at risk of not receiving human services due to this
resolution. Woods reiterated the requirements of obtaining the card and spoke in favor of the
resolution. Clark and Yingling agreed.
A friendly amendment offered by White accepting consular cards issued by other countries was
not accepted. WHITE MOVED to send this issue back to the Public Safety Committee for
reconsideration and development of criteria for obtaining the Matricula Consular card. Peterson
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Kent City Council Minutes December 9, 2003
seconded. The motion failed with Peterson and White in favor, and Clark, Orr, Woods and
Yingling opposed.
Ted Kogita,25227 Reith Road,spoke in opposition to the resolution, saying it provides a special
privilege to some people and results in illegal activity. Bob O'Brien, 1131 Seattle Street, also
voiced opposition due to the lack of medical history, the cost of public services, and the effect on
the census and elections.
The motion to adopt Resolution No. 1662 then carried with Clark, Orr, Woods and Yingling in
favor, and Peterson and White opposed.
BIDS
A. Upper Meridian Creek Box Culvert Supply Contract. (CFN-1038) The bid opening for
this project was held on November 25 with three bids received. The low bid was submitted by
Granite Precasting & Concrete in the amount of$122,851.18. CLARK MOVED to award the bid
to Granite Precasting& Concrete. Woods seconded and the motion carried.
REPORTS
A. Council President. (CFN-198) Woods thanked citizens, Council members and staff for their
support.
B. Operations Committee. (CFN-198) Yingling expressed his thanks to everyone he has
worked with.
C. Public Safety Committee. (CFN-198) Epperly voiced appreciation to those she has worked
with.
D. Public Works. (CFN-198) Clark acknowledged the contributions of each outgoing Council
member.
E. Planning Committee. (CFN-198) Orr expressed her gratitude to the Mayor, staff, citizens
and Council members she has worked with.
G. Administrative Reports. (CFN-198) Mayor White presented the out-going Council
members with plaques. CAO Martin saluted the contributions of the outgoing council members.
He then announced an executive session of approximately 10 minutes regarding labor negotiations
and pending litigation,with potential action afterward, and then a second executive session
regarding property acquisition.
CONTINUED COMMUNICATIONS
A. Kent Station Development Agreement and Lotto Property. (CFN-171) Bob O'Brien,
1131 Seattle St., commented on the Lotto property and asked for time to evaluate the Kent Station
Development Agreement before voting on it.
B. Council. (CFN-198) Ted Kogita, 25227 Reith Road, expressed thanks to the Council for their
services.
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Kent City Council Minutes December 9, 2003
EXECUTIVE SESSION
(CFN-198) The meeting recessed to Executive Session at 9:00 p.m., and reconvened at 9:09 p.m.
WOODS MOVED to authorize the Mayor to enter into an agreement with the City of Auburn,
which allocates costs of defense and award at trial (if any)between the two cities,regarding the
White River Feed Company. Peterson seconded and the motion carved.
WOODS THEN MOVED TO,upon final review and approval from the City Attorney's Office,
authorize the Mayor to sign a two-year collective bargaining agreement with the Washington State
Council of County and City Employees(AFSCME)Union, Local 2617, effective January 1, 2004
through December 31, 2005. Peterson seconded and the motion carved.
The meeting recessed to Executive Session again at 9:11 p.m. for approximately one hour to
discuss property disposition, with no action anticipated. The meeting reconvened at 10:35 p.m.
ADJOURNMENT
(CFN-198) At 10:35 p.m., WOODS MOVED to adjourn. Orr seconded and the motion carved.
L /
Brenda Jacober, Cl4IC
City Clerk
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