HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 05/16/2006 • Kent City Council Meeting
ICETiT May 16, 2006
WASHINGTON
The regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor Cooke.
Councilmembers present. Clark, Harmon, O'Brien, Ranniger, Raplee, Thomas and Watson.
(CFN-198)
CHANGES TO THE AGENDA
A. From Council, Administration, or Staff. (CFN-198) CAO Hodgson announced that under
Executive Session property negotiation is off and potential litigation will be at the will of Council
after discussion of the Critical Areas Ordinance but that he does not anticipate an Executive Session.
B. From the Public. (CFN-171) Hans Freiwald, 11824 SE 270th, voiced concern about the school
children and asked about speed bumps in his neighborhood. Mayor Cooke asked that Interim Chief
Miller speak with Mr Freiwald
PUBLIC COMMUNICATIONS
A. Public Recognition. (CFN-198) Council President Ranniger spoke about attending an event
called "Chief for a Day," which is an event sponsored by the Criminal Justice Training Center for
critically ill children She also said she was proud of the Police Department for participating in this
event
Councilmember Thomas mentioned that the week of May 15-21 is "National Police Officer Week."
He recognized Officer Scott Rankin, who is a member of the Washington State Chapter of the
Fraternal Order of Police and part of their honor guard Officer Rankin went to Washington DC, at
his own expense, to participate in the ceremonies honoring Law Enforcement officers who have died
in the line of duty.
B. Community Events. (CFN-198) Council President Ranniger announced that on Saturday,
May 20, the Parks Department, Rotary Club and Trout Unlimited of South King County is sponsor-
ing a fishing day at the "Ole Fishing Hole," which is open for up to 225 children She also mentioned
that registration is available through the Parks Department Ranniger also announced that on
Saturday, June 3, the National Trails Day Volunteer event is taking place at Clark Lake Park from
8 30-12.00. Volunteers are welcomed and encouraged to help begin the construction of a new trail at
Clark Lake Park.
C. Kent Youth Board Presentation. (CFN-122) Becky Lamb, Prevention and Intervention
Specialist with the Kent School District, spoke about the Town Hall meeting that took place on
March 28, 2006, that the Police Department's Drinking Driver Task Force hosted this meeting and
the focus was underage drinking in the community She introduced Kent Police Youth Board
members, Blake Gould and Morgan Anderson, who spoke on the prevention of underage alcoholic
use.
Stacy Judd, Public Education Specialist, invited everyone to the Kent Station on Saturday, June 10 to
the spring event"Reducing Underage Drinking"presented by the Youth Board.
Mayor Cooke read a proclamation regarding this issue and presented it to Stacy Judd.
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Kent City Council Minutes May 16, 2006
E Economic Development Report. (CFN-825) Mayor Cooke announced that Nathan Torgelson
will be leaving the City to work for the City of Seattle. Mr Torgelson said that Tarragon has
announced the tenants for Phase II of Kent Station and that the Cancer Treatment Centers of America
appeal hearing has been delayed until September. He also noted that the Kent Chamber has selected
a consultant, Baldwin Resource Group from Bellevue, to work on the business plan for the Center
for Advanced Manufacturing Torgelson announced that Alaska Distributors, a wine and beer
distributor, has relocated their headquarters to Pacific Gateway Park and are now open He also
announced that two business have opened in the downtown area.
Mr. Torgelson said that his four years here have been challenging and rewarding. He thanked Mayor
Cooke, the current and past Council members, and Mayor White and said he looks forward to
working with everyone on regional economic development issues All councilmembers and Mayor
Cooke wished him well in his new position.
CONSENT CALENDAR
RANNIGER 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 Council meeting of May 2, 2006
were approved.
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B. Approval of Bills. (CFN-104) The payment of the bills received through March 31 and paid on
March 31 after auditing by the Operations Committee on May 2, 2006 were approved.
Approval of checks issued for vouchers.
Date Check Numbers Amount
3/31/06 Wire Transfers 2381-2395 $1,574,898.52
3/31/06 PrePays & 591510 1,253,735.64
3/31/06 Regular 592219 2,333,051.57
Use Tax Payable 3,281.54
$5,164,967 27
The payment of the bills received through April 15 and paid on April 15 after auditing by the
Operations Committee on May 2, 2006 were approved.
Approval of checks issued for vouchers:
Date Check Numbers Amount
4/15/06 Wire Transfers 2396-2412 $1,464,671.31
4/15/06 Regular 592220-592729 1,749,413 55
Use Tax Payable 1,63674
$3,215,721.60
The payment of the bills received through April 30 and paid on April 30 after auditing by the
Operations Committee on May 2, 2006 were approved.
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Kent City Council Minutes May 16, 2006
Approval of checks issued for vouchers:
Date Check Numbers Amount
4/30/06 Wire Transfers 2413-2428 $1,863,608 43
4/30/06 Regular 592730-593351 6,150,318.47
Use Tax Payable 2,495.68
$8,016,422.58
Approval of checks issued for payroll for March 16 through March 31 and paid on April 5, 2006:
Date Check Numbers Amount
4/5/06 Checks 289828-290098 $ 218,869.13
4/5/06 Advices 194441-195129 1,288,340.80
Total of Regular Payroll $1,507,209.93
Approval of checks issued for payroll for April 1 through April 15 and paid on April 15, 2006:
Date Check Numbers Amount
4/12/06 Interim Check 290099 $ 115.05
4/15/06 Checks 290100-290369 198,386.12
4/15/06 Advices 195130-195818 1,264,240 92
Total of Regular Payroll $1,462,527.04
C. 2006 Premera Blue Cross Contract. (CFN-147) The Mayor was authorized to sign the
Premera Blue Cross 2006 Administrative Services Contract The City is self-insured for this
program. The 2006 contract reflects a 4%increase in administrative fees by Premera Blue Cross and
is budgeted in the Health & Welfare fund.
D. 2006 Group Health Contract. (CFN-147) The Mayor was authorized to sign the 2006 Group
Health Cooperative of Puget Sound contract for the City's insured HMO plan The 2006 contract
reflects an approximate 14% increase in the health care premiums charged by Group Health and is
budgeted in the Health and Welfare fund.
E. Public Records Ordinance. (CFN-1266) Ordinance No. 3799 repealing Chapter 1.05 of the
Kent City Code and enacting a new Chapter 1 05 entitled "Public Records," in response to recent
legislative amendments and recodification of the state Public Records Act was adopted.
F. Affidavit of Correction for Flower Court Final Plat. (CFN-1272) The Mayor was authorized
to sign the Affidavit of Correction to the Flower Court Final Plat map.
G. Water Resource Inventory Area (WRIA) 8 Interlocal Agreement Extension. (CFN-1028)
The Mayor was authorized to sign an extension of the Interlocal Agreement for the watershed basins
within Watershed Resource Inventory Area (WRIA) 8.
H. Signal Maintenance Shop Lease Agreement. (CFN-239) The Mayor was authorized to
execute a Lease Agreement with Plemmons Industries Inc., subject to final terms and conditions
acceptable to the City Attorney and Public Works Director.
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Kent City Council Minutes May 16, 2006
I. South Ridge Estates Bill of Sale. (CFN-484) The bill of sale for South Ridge Estates(portions
of SE 282° St.)for 790 centerline linear feet of streets, 9 catch basins, 135 linear feet ofbiofiltration
swale, 1 box culvert, 1 storm water quality vault, and 336 linear feet of sewer was accepted
J. South Ridge Estates Bill of Sale Addendum. (CFN-484) The bill of sale for South Ridge
Estates for 7,758 32 centerline linear feet of streets, 51 catch basins, 7,551 linear feet of storm lot
drains, 39 clean outs, 90 linear feet of dispersal trench, 322,950 cubic feet of detention pond storage,
1 storm restrictor, 1 overflow gate, and 5,527 linear feet of sewer was accepted.
K. Brookside Court Bill of Sale. (CFN-484) The bill of sale for Brookside Court for 6 manholes,
805 linear feet of sanitary sewer, 1,040 centerline cubic feet of streets, 2 storm manholes, 26 catch
basins, and 1,900 linear feet of sewer line was accepted.
L Pediatric Interim Care Center Bill of Sale. (CFN-484) The bill of sale for Pediatric Interim
Care Center for 1 gate valve, 1 hydrant, 206 centerline cubic feet of streets, 2 storm manholes, and 46
linear feet of sewer line was accepted.
M Larcher Office Building Bill of Sale. (CFN-484) The bill of sale for Larcher Office Building
for 4 gate valves, 1 hydrant, 30 linear feet of water, 25 linear feet of sanitary sewer, 286 centerline
cubic feet of streets, 3 storm manholes, 5 catch basins, 95 linear feet of biofiltration swale, 1,256
cubic feet of detention pond, and 372 linear feet of sewer line was accepted.
N. Gray Hill Bill of Sale. (CFN-484) The bill of sale for Gray Hill for 1,914 linear feet of sanitary
sewer was accepted.
O. Burkhardt Heights Bill of Sale. (CFN-484) The bill of sale for Burkhardt Heights for 4 gate
valves, 1 hydrant, 530 linear feet of watermains, 3 sewer manholes, 825 linear feet of sanitary sewer,
520 centerline linear feet of streets, 10 catch basins, 37,000 cubic feet of detention pond storage, and
705 linear feet of sewer was accepted.
OTHER BUSINESS
A. Aerial Fireworks Prohibition Ordinance. (CFN-122) Due to the danger to persons and
property that is created when a firework is launched into the air, and due to the repeated complaints
received by the City, staff was directed to create an ordinance for Council consideration that strikes a
balance between the desire of the public to enjoy fireworks on the Fourth of July and the desire of the
public to remain safe from hazards that lighting fireworks may create. To that end, staff has prepared
an ordinance that would ban aerial fireworks.
Because the proposed ordinance is more restrictive than state law, it must be adopted one year prior
to its effective date Should this ordinance be passed at the May 16, 2006, City Council meeting, it
will not affect the discharge of fireworks in Kent until the Fourth of July holiday in 2007.
Pat Fitzpatrick, Deputy City Attorney, explained the current state of the city code and the effect that
the changes would have. He explained that the ordinance would ban all aerial devices and when the
public sees an aerial device discharged into the air they will know that it is illegal regardless of where
it was purchased
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Kent City Council Minutes May 16, 2006
Jon Napier, Fire Marshal, explained that an educational program was started for the public and the
responders about two years ago and part of the challenge was the identification of legal and illegal
fireworks He answered Councilmember Raplee's question about what would be allowed next year
and he explained basically that fireworks not shot into the air would be legal.
Mayor Cooke mentioned that she had received a call from a Kent Church that had expressed concern
regarding their fund raisers for youth. Mayor Cooke mentioned that this is not just a police
enforcement issue, it's also a fire enforcement issue and that they will not be able to make this
enforcement work without the assistance of the residents themselves.
Hodgson stated that he had a memo to Councilmembers from Barb and Shawn Baldwin, 14658 SE
267th St., Kent, requesting that the ordinance for prohibiting fireworks be passed and asked that this
be made a part of the public record CLARK MOVED to be made a part of the public record.
Thomas seconded and the motion carried.
Upon Raplee's question, Fire Marshal Napier said that since this program was started two years ago,
less than 25 citations have been written. He emphasized that the officers are working towards
education, rather than giving citations.
Fitzpatrick noted that the ordinance states that fireworks may not be discharged on December 31,per
state law. He clarified that King County rules are different, and that local fireworks are permitted, as
well as the public display of fireworks in which there are aerial displays allowed when handled by a
professional fireworks person.
Council President Ranniger asked what will be done differently in 2007. Fire Marshal Napier said
enforcement will be a challenge as it is every year but this will make it a little bit easier. He
emphasized the education and making sure citizens understand that there has been a change before
the citation process is started.
CLARK MOVED to make a letter from Lynne Hunter, 11923 SE 277th St., Kent, in favor of aerial
fireworks, a part of the public record. Thomas seconded and the motion carved.
Listed below are citizens who spoke in favor of the fireworks ordinance:
Ann Eggers, address on record
Tom Brown, 13010 SE 259th Pl., Kent
Listed below are citizens not wishing to speak but in favor of the fireworks ordinance
Debra Hazelett, 14258 SE 270th Pl , Kent
Bill Hazelett, 14258 SE 270th Pl, Kent
Listed below are citizens who spoke against the ordinance:
David Swisher, 8006 47th St, University Place
Lois Soderland, 1838 S. 265th Pl., Des Moines
Lisa Newin, 2120 Milwaukee Way, Tacoma, T&T Fireworks
Liz Lisicich, 2120 Milwaukee Way, Tacoma,
Jerald Farley, address on record
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Kent City Council Minutes May 16, 2006
Listed below are citizens not wishing to speak but who were against the ordinance:
Andy Soderland, 1838 S. 265th PI Des Moines
Arlene Jensen, 25302 139th PI SE, Kent
Ruth Colhngndge, 5114 Picnic Pt Rd, Edmonds
Steven McDowell, 25860 136th, Kent
Tod Reeve, 1310 175th St Ct E, Spanaway
Kathy Curtis, 15256 SE 270th PI, Kent
Donald West, 25866 136th Ave SE, Kent
THOMAS MOVED to adopt Ordinance No 3800, which defines the tern "consumer firework" and
prohibits aerial consumer fireworks within Kent. Clark seconded.
Discussion then followed by Councilmembers who stated why and how they would be voting. Upon
a roll call vote, the motion failed 4-3, with O'Brien, Raplee, Thomas and Watson opposed and Clark,
Harmon and Ranmger in favor.
B. Critical Areas Ordinance. (CFN-961) On April 19, 2006, the Growth Management Hearings
Board issued its Final Decision and Order regarding an appeal filed by the State of Washington of the
City's Critical Areas Ordinance.
Deputy City Attorney Fitzpatrick noted the Board found that the City's ordinance was clearly
erroneous and did not meet the goals of the Growth Management Act. They ruled that the three tier
grading system, the buffer widths and the manner in which the City defines exempt wetlands did not
comply. He noted that the ordinance is under remand by the Growth Management Hearings Board
and that the Council has been presented with a number of options He outlined the options, key dates
and effects of the options, including the inability to obtain grants.
Wendy Basham, 25739 135th Ave SE, #49, Lake Meridian Estates, noted that once an ecological
system is destroyed, it cannot be rebuilt and urged the Council to be careful.
Sam Pace, 29839 154th Avenue SE, Kent, Seattle King County Association of Realtors provided a
copy of his e-mail regarding the decision and said the realtors filed an amicus friend of the court brief
supporting the City in that appeal He added that the Master Builders have indicated that they will
appeal the decision as it relates to wetlands, ratings and buffers. Mr. Pace went on to explain his
informational package.
Sally McDonough, 26441 137th Avenue SE,Kent, representing her neighborhood asked that Council
agree with the Department of Ecology.
Bruce Axworthy, 26320 135th Avenue SE, Vice President of the Lake Meridian Community
Association, said that appealing this decision will have long-term detrimental affects on the lake and
urged the Council not to appeal this decision.
Hans Freiwald, 11824 SE 270th Street, Kent, mentioned his neighborhood had lost a lot of wetlands
and other City wetlands.
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Kent City Council Minutes May 16, 2006
Mayor Cooke read the names of people on the list from the Lake Meridian area who did not want to
speak:
Michelle McDowell, 25860 136th Avenue SE,Kent, supports the 50-100-200 buffers
Donald West, 2586 136th Avenue SE, Kent, supports the 50-100-200 buffers
Steven McDowell, 25860 136th Avenue SE, Kent, supports the 50-100-200 buffers
Bill Hazelett, 14258 SE 270th Place, Kent, 50-100-200 buffers
Kathy Curtis, 14256 SE 270th Place, Kent, 50-100-200 buffers
CLARK MOVED to make Sam Pace's memo part of the public record Thomas seconded and the
motion carried.
HARMON MOVED to direct staff to enter into negotiations with the State of Washington in order to
work to toward a settlement of Case Number 05-3-0034 currently under remand before the Growth
Management Hearings Board. Clark seconded.
Mayor Cooke noted that the City is very aggressive in local improvement districts, so it is business
primarily who is carrying the load.
Councilmembers discussed this issue and mentioned why they will support or not support this
decision.
A roll call vote was then taken with six Councilmembers in favor and O'Brien opposed. The motion
then passed
RANNIGER ALSO MOVED to direct the City Attorney to appeal the decision of the Growth
Management Hearings Board in Case No. 05-3-0034. Raplee seconded. After some discussion, a
roll call vote was taken and the motion camed unanimously.
BIDS
A. Service Club Ballfields Restroom and Concession Building. (CFN-118) The bid opening was
held on May 9, 2006 with one bid submitted by Clements Brothers, Inc. for the amount of$587,823,
excluding Washington State Sales Tax (WSST).
The Parks Director recommends authorizing the Mayor to enter into an agreement with Clements
Brothers, Inc. for the amount of$587,823, to complete the Service Club Ballfield Restroom and
Concession Building Project.
RANNIGER MOVED to authorize the Mayor to enter into an agreement with Clements Brothers,
Inc for the amount of$587,823, plus Washington State Sales Tax, to complete the Service Club
Ballfield Restroom and Concession Building Project. Harmon seconded and the motion carried.
REPORTS
Mayor. (CFN-198) Mayor Cooke announced that John Hodgson is now the permanent Chief
Administrative Officer
Public Safety Committee. (CFN-198) Thomas reported that the Public Safety Committee will meet
Thursday, May 18th at 5:00 P.M.
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Kent City Council Minutes May 16, 2006
Public Works. (CFN-198) Raplee announced that on June 1, a meeting with the North Park
Community will be held to review their concerns on the speed study, the unauthorized parking in the
area and other concerns they may have. She noted that the meeting will be held at 6.30-8.00 in
Council Chambers.
Planning and Economic Development Committee. (CFN-198) Harmon noted that last week an
item for historical preservation was introduced which was sent back to staff for review
Parks and Human Services Committee. (CFN-198) Ranniger mentioned that their meeting
Thursday has been cancelled and has been re-scheduled to Thursday, May 25 at 4.00
Administrative Reports. (CFN-198) Hodgson thanked the Mayor and said he looks forward to
working with the Council, staff and the community.
ADJOURNMENT
At 9 15 p in. WATSON MOVED to adjourn. Thomas seconded and the motion carried.
Mary Simmons
Deputy City Clerk
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