HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 11/07/2006 • Kent City Council Meeting
KEN T November 7, 2006
WASHINOTON
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, Ranmger, Raplee, Thomas and Watson
(CFN-198)
CHANGES TO AGENDA
A. From Council, Administration, or Staff. (CFN-198) Public Communications Items G and
H were added, and Consent Calendar Item U, Diversity Advisory Board Ordinance, was removed
from the agenda by staff.
B. From the Public. (CFN-198) Continued Communications Items A, B and C were added at
the request of audience members The City Attorney pointed out that no further action will be
taken on the Cedar Pointe Rezone (Continued Communications Item A)
PUBLIC COMMUNICATIONS
A. Public Recognition
Colonel Joe Jackson Bridge. (CFN-198) Mayor Cooke commended Councilmember Harmon
for his efforts on the dedication ceremony for the Colonel Joe Jackson Bridge.
B. Community Events
Kent Event Center. (CFN-1305) Mayor Cooke announced open houses regarding the Event
Center at 6:30 p in on November 29 and at 10 00 a.m. on December 2, 2006, at the Kent
Memorial Park building. Harmon noted that there will be a special Council workshop on
November 28 from 5.30 to 7 30 p.m. on the Transportation Master Plan The Mayor noted that
City Hall will be closed on Thursday,November 23 and Friday,November 24 for the
Thanksgiving holiday.
C. Hospitality House Women's Shelter Comments. (CFN-456) No one from the Hospitality
House Women's Shelter was in attendance at the meeting.
D. Government Finance Officers Association Distinguished Budget Presentation Award.
(CFN-I55) Finance Director Nachlmger explained the criteria for receiving this award and noted
that this is the 16t' time the City has received it.
E. Introduction of Appointee. (CFN-997) Mayor Cooke introduced Scott Gibbons, her
appointee to the Bicycle Advisory Board.
F. March of Dimes Prematurity Awareness Day. (CFN-155) The Mayor read a proclamation
declaring November 14, 2006, as Prematurity Awareness Day in the City of Kent. She presented
the proclamation to a representative from the March of Dimes.
G. West Nile Virus Update. (CFN-198) Fire Captain Kyle Ohashi gave a briefing on the West
Nile Virus and how to avoid it.
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Kent City Council Minutes November 7, 2006
H Flood Stage Report. (CFN-198) Public Works Director Blanchard updated the Council on
the status of flooding in the area and efforts being made by the Public Works Department.
CONSENT CALENDAR
RANNIGER MOVED to approve Consent Calendar Items A through T, noting that Item U has
been removed from the agenda. Clark seconded and the motion carved.
A. Minutes of Previous Meeting. (CFN-198) The minutes of the regular Council meeting of
October 17, 2006, 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 October 17, 2006 were approved.
Approval of checks issued for vouchers:
Date Check Numbers Amount
8/15/06 Wire Transfers 2530-2544 $1,430,887.44
8/15/06 Prepays &Regular 597439-598017 4,795,011.93
Use Tax Payable 829.49
$6,226,728.86
Payment of the bills received through August 31 and paid on August 31 after auditing by the
Operations Committee on October 17, 2006 were approved.
Approval of checks issued for vouchers:
Date Check Numbers Amount
8/31/06 Wire Transfers 2545-2561 $1,228,530.30
8/31/06 Prepays &Regular 598018-298888 4,511,898.26
Use Tax Payable 6,96527
$5,747,393 83
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Payment of the bills received through September 15 and paid on September 15 after auditing by
the Operations Committee on October 17, 2006 were approved.
Approval of checks issued for vouchers:
Date Check Numbers Amount
9/15/06 Wire Transfers 2562-2581 $1,559,692 62
9/15/06 Prepays & Regular 598889-599346 1,717,756.37
Use Tax Payable 1,91080
$3,279,359 79
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Kent City Council Minutes November 7, 2006
Payment of the bills received through September 30 and paid on September 29 after auditing by
the Operations Committee on October 17, 2006 were approved.
Approval of checks issued for vouchers:
Date Check Numbers Amount
9/29/06 Wire Transfers 2582-2596 $1,252,561 17
9/29/06 Prepays & Regular 599347-599990 3,646,570.22
Use Tax Payable 86943
$4,900,000 82
Payment of the bills received through October 15 and paid on October 13 after auditing by the
Operations Committee on October 17, 2006 were approved.
Approval of checks issued for vouchers:
Date Check Numbers Amount
10/13/06 Wire Transfers 2597-2610 $1,394,031 22
10/13/06 Prepays & Regular 599991-600550 1,621,301.26
Use Tax Payable 1,583.25
$3,016,915.73
Approval of checks issued for payroll for July 16 through July 31 and paid on August 4, 2006:
Date Check Numbers Amount
8/4/06 Checks 292253-292576 $ 276,960.31
8/4/06 Advices 199981-200676 1,286,79017
Total Regular Payroll $1,563,750 48
Approval of checks issued for payroll for August 1 through August 15 and paid on August 18,
2006.
Date Check Numbers Amount
8/18/06 Checks 292577-292888 $ 251,833.59
8/18/06 Advices 200677-201370 1,268,238.36
Total Regular Payroll $1,520,071 95
Approval of checks issued for payroll for August 16 through August 31 and paid on September 5,
2006:
Date Check Numbers Amount
9/5//06 Checks 292889-293193 $ 274,984.81
9/5/06 Advices 201371-202060 1,267,30127
Total Regular Payroll $1,542,286 08
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Kent City Council Minutes November 7, 2006
Approval of checks issued for payroll for September 1 through September 15 and paid on
September 20, 2006-
Date Check Numbers Amount
9/6/06 Interim Check 293194 $ 1,14135
9/20'06 Checks 293195-293488 241,686 46
9/20/06 Advices 202061-202749 1,280,08132
Total Regular Payroll $1,521,767.78
Approval of checks issued for payroll for September 16 through September 30 and paid on
October 5, 2006
Date Check Numbers Amount
10/5//06 Checks 293489-293778 $ 217,326,72
10/5/06 Advices 202750-203442 1,281,546 41
Total Regular Payroll $1,498,873 13
10/4/06 Interim Check 293779 $225 04
C. 2007 Washington State Arts Commission Organizational Support Grant. (CFN-118) The
$6,000 grant from the Washington State Arts Commission was accepted, the expenditure of funds
in the Kent Arts Commission budget was authorized, and the Mayor to was authorized sign all
necessary documents. The Kent Arts Commission will use the funding to support the presentation
of arts and cultural activities at the 2007 Cornucopia Days.
D. 2007 Community Development Block Grant Action Plan and Funding Allocations.
(CFN-493) The 2007 Community Development Block Grant Action Plan, including funding
allocations and contingency plans, was approved and the Mayor was authorized to execute the
appropriate certifications and agreements.
E. 2006 Third Ouarter Fee-In-Lieu Funds. (CFN-118) $32,475 for fee-in-lieu funds from
MacFarlane Homes, LLC, and Crescent Construction was accepted and the expenditure of funds
in the East Hill Skate Park and Garrison Creek Park budgets was authorized.
F. Robinson & Noble Water Contract. (CFN-110) The Mayor was authorized to sign the
Source Water Availability& Hydrologic Analysis agreement between the City of Kent and
Robinson-Noble Saltbush, Inc in the amount of$207,193 for the City's groundwater hydrologic
source analysis project.
G. Extension of Interlocal Agreement for Watershed Resource Inventory Area 8.
(CFN-1038) The Mayor was authorized to sign an Interlocal Agreement for the Watershed Basins
within Water Resource Inventory Area 8.
H. Extension of Interlocal Agreement for Watershed Resource Inventory Area 9.
(CFN-1038) The Mayor was authorized to sign an Interlocal Agreement for Watershed Basins
within Water Resource Inventory Area 9.
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Kent City Council Minutes November 7, 2006
I. Washington Central Improvement Company Knob Hill Addition Alley Vacation.
(CFN-102) Resolution No 1735 scheduling a public hearing for December 12, 2006, on an
application to vacate the south 120 feet of the alley in Block 3, Washington Central Improvement
Company Knob Hill Addition was adopted.
J. 138th Place SE Street Vacation. (CFN-102) Resolution No. 1736 scheduling apublic
hearing for December 12, 2006, on an application to vacate a portion of 138th Place Southeast was
adopted.
K. Street Sweeping Contract Change Order. (CFN-136) The Mayor was authorized to sign
Change Order#5 with McDonough& Sons, Inc for a one-year contract extension and a 2%
increase in the monthly lump sum for the street sweeping contract, upon the concurrence of the
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language therein by the City Attorney and the Public Works Director.
L. 2007 Budget and Capital Improvement Plan. (CFN-186&775) November 21, 2006, was
set for the second public hearing on the 2007 Budget and 2007-2012 Capital Improvement Plan.
The Capital Improvement Plan is also incorporated as an amendment to the Capital Facilities
Element of the Kent Comprehensive Plan.
M. 2006 Tax Levy for 2007 Budget. (CFN-104) November 21, 2006,was set as the public
hearing date for the 2006 Tax Levy for the 2007 budget.
N. Kent Comprehensive Plan and Kent City Code Chapter 12.13, School Districts Capital
Facilities Plans and 2007-2012 Capital Improvement Plan. (CFN-775&961&1000)
November 21, 2006, was set as the date for a public hearing to consider amendment of the Capital
Facilities Element of the Kent Comprehensive Plan and amendment of Chapter 12 13 of the Kent
City Code to incorporate the updated Capital Facilities Plans of the Auburn,Kent, and Federal
Way School Districts, and changes to adopted school impact fees
O. Cedar Pointe Rezone Decision Resolution. (CFN-121) Prior to adoption of the Consent
Calendar, the City Attorney explained that he received documents from one of the proponents of
this rezone seeking reconsideration of Council's decision on this matter He noted that copies for
the Council were provided but that he instructed the City Clerk not to distribute them, since the
record has been established and the decision has been made He emphasized that the Kent City
Code does not provide for a reconsideration process upon a motion made by an opponent or
proponent of the rezone application, and explained that the only method to reconsider would be by
a motion to rescind and amend the prior motion.
Under the motion to approve Consent Calendar items, Resolution No. 1737 affirming the vote
taken on October 17, 2006, which denied the rezone application for properties located at 25213,
25401 and 25231 136`h Avenue Southeast from Single-Family Residential, 4.5 units per acre, to
Single-Family Residential, 6 units per acre, was adopted
P. Rust Rezone Decision Resolution. (CFN-121) Resolution No. 1738 affirming the vote taken
on October 17, 2006, which denied the rezone application for property located at 12722 SE 256`h
Street from Single-Family Residential, 4.5 units per acre, to Single-Family Residential, 6 units per
acre, was adopted.
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Kent City Council Minutes November 7, 2006
Q Smith Street Improvements. (CFN-1038) The Smith Street Improvements project was
accepted as complete and release of retainage to R W. Scott Construction upon receipt of standard
releases from the state and release of any liens was authorized.
R Muth Comprehensive Plan and Zoning Map Amendment Ordinance. (CFN-377&131)
Ordinance No. 3818 relating to the Muth Comprehensive Plan Amendment, CPA-2006-2, which
amends the comprehensive plan land use designations from Agricultural Resource Land to a land
use designation of Urban Separator(US), and changes the zoning map from a zoning designation
of Agricultural, 1 unit per 10 acres, to a zoning designation of Single Family Residential, 1 unit
per acre, (CPZ-2006-1) for the property located at 21320—42nd Avenue South, was adopted
S. Kent Bicycle Advisory Board Appointment. (CFN-997) The Mayor's appointment of Scott
Gibbons to serve as a member of the Kent Bicycle Advisory Board was confirmed.
T. Valley Cities Wireless Interlocal & Consulting Services Agreement. (CFN-818) The
Mayor was authorized to execute the Wireless Department of Justice/ COPS More Grant
Interlocal Agreement and the Consulting Services Agreement with CBG Communication, Inc.
The agreement establishes a cooperative effort between the cities of Algona, Auburn, Fife, Kent,
Pacific, Puyallup, Renton, Sumner, and Tukwila to use approximately$98,723 in grant funds to
support planning and implementation of wireless systems (including fiber transports) and support
mteroperabihty between jurisdictions particularly as related to public safety
OTHER BUSINESS
A. Orme Rezone Ordinance. (CFN-121) The proposed ordinance relates to land use and
zoning, specifically the rezoning of two existing tax lots and a portion of a third, totaling 5 67
acres of property from Single-Family Residential, 4.5 units per acre, to Single-Family Residential,
6 units per acre. The property is located at 25410 142°d Avenue Southeast, in Kent, Washington.
The Kent Hearing Examiner held a Public Hearing on September 27, 2006, and issued Findings,
Conclusions, and a recommendation for approval on October 9, 2006.
The City Attorney outlined the quasi-judicial process to be used, noted that a complete copy of the
record has been available in the City Council Office, and explained the history of the matter
Upon a question from the City Attorney regarding ex-parte contacts, Councilmember Thomas
recused himself since one of the persons involved is a former employer. There were no objections
from the audience.
Matt Gilbert of the Community Development Department gave a report on the rezone. He noted
for Hannon that no citizens attended the hearing which was held at 1.30 p in on October 27`h, and
that a petition signed by property owners who oppose the rezone because of connectivity issues
had been received Clark noted significant traffic problems at the intersection of SE 256" and 132
Avenue SE during rush hour.
HARMON MOVED to reject the Findings, Conclusions and Recommendation of the Hearing
Examiner on the Orme Rezone. Clark seconded. Harmon said the rezone would not be com-
patible with development in the vicinity, that it would burden the transportation system, and that it
would adversely affect the health, safety and welfare of the citizens. Raplee and Ranniger agreed.
O'Brien opined that the area should be 6 units per acre. The motion to reject the Findings,
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Kent City Council Minutes November 7, 2006
Conclusions and Recommendation of the Hearing Examiner then carried 5-1, with Thomas
abstaining and O'Brien opposed.
B. Kent Event Center. (CFN-1305) The City Attorney explained that understate law, cities
with a population greater than 70,000 can award public contracts to a general contractor/
construction manager for large projects such as the construction of the proposed Kent Event
Center The City intends to use this process and will select a contractor through formal
advertisement and competitive bids, subject to the City Council's final determination as to
whether or not to construct this project. This process provides a substantial public and fiscal
benefit by allowing the City to negotiate a maximum allowable construction cost State law
requires that the City hold a public hearing so that the public can submit written and oral
comments on the City's preliminary determination to proceed with the general
contractor/construction manager process.
CLARK MOVED to adopt Resolution No. 1739 which sets a public hearing on December 4,
2006, at 5.00 p in before the Public Works Committee on the City's proposed use of the general
contractor/construction manager procedure for the City's Event Center project, and to direct the
City Clerk to publish notice of the public hearing at least 20 days before the public hearing.
Raplee seconded and the motion carried
BIDS
A. LID 360— S. 227th Place Sanitary Sewers. (CFN-1301) The bid opening (rebid) for this
project was held on September 12, 2006, with seven bids received. The low bid was submitted by
DPK, Inc , in the amount of$220,504.96. The Engineer's estimate was $183,014.61. RAPLEE
MOVED to award the bid on LID 360 — S 227th Place Sanitary Sewers, to DPK, Inc , in the
amount of$220,504.96. Clark seconded and the motion carried.
REPORTS
Mayor's Report. Mayor Cooke thanked all who were involved with the Service Club Ball Fields
dedication.
Parks and Human Services Committee. Ramliger noted that the next meeting will be held at
5:00 p.m on November 16th.
Planning and Economic Development Committee. Harmon noted that the next meeting will be
held on November 201 at 4.00 p in.
Public Safety Committee. Harmon noted that the next meeting will be held on November 14`h at
5:00 p.m.
Public Works Committee. Raplee noted that the next meeting will be held at 5:00 p.m. on
November 201
Administration. Hodgson stated that property acquisition will not be discussed during the
executive session,but that there is one item of pending litigation He noted that the session will
take approximately 10 minutes and that no action afterward is anticipated
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Kent City Council Minutes November 7, 2006
CONTINUED COMMUNICATIONS
ADDED ITEM A
Cedar Pointe Rezone. The Mayor noted that Randy Goodwin, who requested that this item be
added to the agenda, has left the meeting.
ADDED ITEM B
Speed Bumps. Jerry Johnson, 11316 SE 271s`, asked for action on the neighborhood's request for
speed bumps on SE 271" and 114`h Avenue SE. Council member Raplee said this issue was
addressed at the Public Works Committee meeting yesterday and that the speed bumps will be
installed when the weather improves
ADDED ITEM C
S. 224`h Street Corridor. Gene Bremner, 10502 SE 216`h St., urged the Council not to proceed
with plans for the 224'h Street Corridor He said the EIS is flawed, the cost is too high, and the
road will create problems Daniel Parks, 21647 981h Avenue South, also spoke in opposition to the
corridor, citing EIS issues, notification issues, safety issues, and environmental impacts Clark
noted that the City has been pressured by citizens to relieve traffic problems, which this corridor
would do.
EXECUTIVE SESSION
The meeting recessed to Executive Session at 827 p.m. and reconvened at 8.33 p.m.
ADJOURNMENT
At 8 33 p m , WATSON MOVED to adjourn. Thomas seconded and the motion carried.
Brenda Jacober, CMC
City Clerk
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