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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 12/12/2006 .40�0 Kent City Council Meeting KENT December 12, 2006 WAS H I NG'O N The regular meeting of the Kent City Council was called to order at 7:00 p in by Mayor Cooke. Councilmembers present Clark, Harmon, Ranmger, Raplee, Thomas and Watson. Councilmember O'Brien was excused from the meeting. (CFN-198) CHANGES TO AGENDA B. From the Public. (CFN-198) Continued Communications Items A and B were added at the request of audience members Regarding comments from Ted Nixon and Travis Bass regarding the Residential Rezoning Moratorium (Other Business Item F), the CityAttorneyexplained that because it is a quasi-judicial issue, public testimony is not appropriate at this meeting, and noted that items already in process are vested. PUBLIC COMMUNICATIONS A. Public Recognition. (CFN-198) Public Works Director Blanchard announced that City Engineer Gary Gill has submitted a letter of retirement, and invited the Council to attend a farewell party for him on December 20. Mayor Cooke announced that Brigitte Hoopes of the Finance Department will also retire soon after almost 34 years with the City. Public Works Director Blanchard gave a briefing on a broken water main,the recent snow, and the opening of the 224'h corridor. B. Community Events. (CFN-198) Mayor Cooke reported on the Christmas Rush walk/run. C. Introduction of Appointees. (CFN-198) The Mayor introduced her appointees to the Kent Bicycle Advisory Board, the Drinking Driver Task Force, the Land Lse and Planning Board, and the Human Services Commission, and gave each one in attendance an opportunity to explain their interest in serving D Emplovees of the Month (November and December). (CFN-147) The Mayor introduced November Employee of the Month Bonnie Kosko of the Kent Court, and December Employee of the Month Chad Bieren of Public Works, and presented each with a plaque. E. Economic Development Report. (CFN-198) Economic Development Director Ben Wolters updated the Council on developments on West Hill at Pacific Highway South and Kent/Des Moines Road, as well as projects in the downtown area. ADDED ITEM F Senator-Elect Kaufman. (CFN-198) Mayor Cooke introduced Senator-Elect Claudia Kaufman, who announced her committee assignments and said she is looking forward to working with the City of Kent on legislative issues. 1 Kent City Council Minutes December 12, 2006 PUBLIC HEARINGS A. 138th Avenue S.E. Street Vacation. (CFN-102) Pinnacle at Meridian LLC submitted an application to vacate a stub portion of 138"' Place S.E. in conjunction with a short plat application. Development Manager Mike Gillespie explained the project and noted that staff recommends approval with conditions. The Mayor opened the public hearing. There were no comments from the audience and RAPLEE MOVED to close the public hearing. Clark seconded and the motion earned RAPLEE MOVED to approve staff s recommendation of approval with conditions of the petition to vacate a portion of 138"' Place S.E lying northerly of S E 252"d Place within the plat of Country Club, as referenced in Resolution No. 1736, and to direct the City Attorney to prepare the necessary ordinance upon compliance with the conditions of approval. Harmon seconded and the motion carried. B Dean Street Alley Vacation. (CFN-102) Robert Doxsee filed an application to vacate the south 120 feet of the alley in Block 3, Washington Central Improvement Company Knob Hill Addition to Kent Development Manager Mike Gillespie outlined the project and noted that staff recommends approval with conditions. Mayor Cooke opened the public hearing. There were no comments from the audience and RAPLEE MOVED to close the public hearing Clark seconded and the motion carried RAPLEE MOVED to approve staff s recommendation of approval with conditions of the application to vacate a portion of the alley in Block 3, Washington Central Improvement Company Knob Hill Addition to Kent as referenced in Resolution No. 1735, and to direct the City Attorney to prepare the necessary ordinance upon compliance with the conditions of approval Harmon seconded and the motion earned. CONSENT CALENDAR RANNIGER MOVED to approve Consent Calendar Items A through GG. Clark seconded and the motion carried. A. Minutes of Previous Meeting. (CFN-198) The minutes of the regular Council meeting of November 21, 2006, and a correction to the minutes of October 17, 2006, changing Three Fields Fishing Hole to Three Friends Fishing Hole in the item regarding Make A Difference Day, were approved. B. Approval of Bills. (CFN-104) Payment of the bills received through November 15 and paid on November 15 after auditing by the Operations Committee on November 21, 2006 were approved. Approval of checks issued for vouchers: Date Check Numbers Amount 11/15/06 Wire Transfers 2628-2644 $1,578,007 07 11/15/06 PrePays & Regular 601169-601701 3,797,831 57 Use Tax Payable 1,196 27 $5,377,034.91 2 Kent City Council Minutes December 12, 2006 Approval of checks issued for payroll for November 1 through November 15 and paid on November 20, 2006. Date Check Numbers Amount 11/20/06 Checks 294339-294619 $ 205,900 07 11/20/06 Advices 204827-205518 1,310,713.92 Total Regular Payroll $1,516,613.99 C. Riverbend Golf Complex Well Pump Repairs Agreement. (CFN-118) The Mayor was authorized to sign the agreement with Golf Pumping Services, LLC in the amount of$57,127 to perform emergency repairs to the well pump system at the Riverbend Golf Complex, subject to the final terms and conditions acceptable to the City Attorney. D. Kent Pool Funding. (CFN-118) Allocation of an additional $25,000 from the Youth/Teen Fund budget to the Aquatic Management Group for continued operation of the Kent Pool was authorized. E. 2007-2012 Human Services Master Plan. (CFN-118) The Building a Healthy Community, 2007-2012 Human Services Master Plan was approved. F Art Mural Agreements. (CFN-118) The Mayor was authorized to sign a Lease Agreement with Anderson Associates for the building located at 403 West Meeker, and an Encroachment Agreement with Don Dahlgren for the property located at 416 West Meeker Street for placement of a city-owned art mural, as approved by the City Attorney G. King County Waterworks Grant for Clark Lake Outlet. (CFN-118) A grant of$21,500 from King County WaterWorks for the Clark Lake Outlet Restoration Project was accepted and the expenditure of funds in the Clark Lake Outlet Restoration budget was approved H. Soos Creek Water and Sewer Easement at Service Club Ball Fields. (CFN-118) The Mayor was authorized to sign the Agreement for Easement with Soos Creek Water and Sewer District for the sanitary sewer line for Service Club Ballfields Soos Creek Water and Sewer District requires that an easement be granted for the side sewer prior to the connection to the main line, at a cost to the City of$1.00 per year. I Cordi Property Lot Line Adjustment at Service Club Ball Fields. (CFN-118) The Mayor was authorized to sign the General Release of Claims and Settlement Agreement and Quit Claim Deed with Mr and Mrs Cordi, owners of property adjacent to Service Club Ballfields J. King County Water District Ill Reimbursement Agreement for Service Club Ball Fields. (CFN-118) The Mayor was authorized to sign the Reimbursement Agreement with King County Water District 111 for the water service at Service Club Ballfields K. U.S. Fish and Wildlife Service Interagency Agreement Extension. (CFN-1038) The Mayor was authorized to sign the amendment to the Interagency Agreement for the Clark Springs Habitat Conservation Plan with the United States Fish and Wildlife Service. 3 Kent City Council Minutes December 12, 2006 L. Tacoma Second Supply Project Agreement Amendments, (CFN-1065) The Mayor was authorized to sign four amendments to the Tacoma Second Supply Project Partnership Agreement, upon concurrence of the language therein by the City Attorney and Public Works Director M East Valley Highway Improvements from S. 212th to SR167 Consultant Agreement. (CFN-1038) The Mayor was authorized to sign consultant services agreements for environmental engineering, geotechnrcal engineering, real property appraisal, property negotiations, and traffic signal engineering for the East Valley Highway Improvements. N. Commute Trip Reduction Agreement Amendment—Authorize (CFN-171) The Mayor was authorized to sign the Second Amendment to the Commute Trip Reduction Agreement GCA4573 between the Washington State Department of Transportation and the City of Kent, upon concurrence of the language therein by the City Attorney and Public Works Director The amendment awards $5,975 to the City to offset the additional costs the City will incur in rewriting its CTR plans and programs and meeting the new regulations required by the CTR Efficiency Act (ESSB 6566)passed by the State Legislature on March 9, 2006. O Transit Service Agreement with King County Metro Transit Amendment. (CFN-171) The Mayor was authorized to sign Amendment No. 1 to the Transit Service Agreement with King County Metro Transit This Amendment extends the existing agreement for an additional year (February 9, 2007 through February 8, 2008) and allows limited extension of the operating hours of the shuttle. P. Washington Traffic Safety Commission Drive Hammered Get Nailed Grant. (CFN-122) A grant in the amount of$2,500 to provide supplemental overtime funding for DUI enforcement by the Kent Police Department was accepted. Q. Accounts Receivable Write-Offs. (CFN-104) As recommended by the Washington State Auditor's Office, the write-off of uncollectible accounts receivables over one year old was authorized. R. Re-appointments to Kent Bicycle Advisory Board. (CFN-997) The Mayor's re-appoint- ments of Mr Bill Miller, Mr Me] Roberts, and Mr. Michael Taskey to continue serving as members of the Kent Bicycle Advisory Board were confirmed. Their new appointments will continue through 12/31/2008. S. Appointments to Drinking Driver Task Force. (CFN-122) The Mayor's re-appointments of Kent City Councrlmember Ron Harmon, Mr Mike Buckingham and Mr Eric Munson to continue serving as members of the Kent Drinking Driver Task Force were confirmed Their new appointments will continue until 1/1/2010. T. Appointments to Land Use and Planning Board. (CFN-174) The Mayor's re-appoint- ments of Mr. Alan Gray and Mr Jon Johnson to continue serving as members of the Kent Land Use and Planning Board were confirmed. Their new appointments will continue through 12/31/2009 4 Kent City Council Minutes December 12, 2006 The Mayor's appointment of Ms. Aleanna Kondelis, MPA, to serve as a member of the Land Use and Planning Board was confirmed She will fill a vacancy on the Board and her term will begin on 1/1/2007 and will continue through 12/31/2008. U Appointments to Human Services Commission. (CFN-873) The Mayor's appointment of Ms. Tamara Sleeman and Ms. Maya Vengadasalam to serve as members of the Kent Human Services Commission was confirmed. Ms. Sleeman will represent the business category and will replace Mr. George Adams, whose term expired Her new term will continue until 1/1/2010 Ms. Vengadasalam will fill a vacant position on the Commission and will represent the business category. Her new term will become effective 1/l/2007 and will continue until 1/1/2009 V Millbrook Heights Final Plat. (CFN-1272) The final plat Mylar for Millbrook Heights was approved and the Mayor was authorized to sign the plat Mylar Norris Homes proposes to sub- divide approximately 3.31 acres into 16 single-family residential lots The property is located at 26814 120`h Avenue SE. W. Puniab Final Plat. (CFN-1272) The final plat Mylar for Punjab was approved and the Mayor was authorized to sign the plat Mylar. Cramer Northwest proposes to subdivide approxi- mately 2.19 acres into 14 single-family residential lots The property is located at 25722 3511, Place S. X. Kam Singh Final Plat. (CFN-1272) The final plat Mylar for Kam Singh was approved and the Mayor was authorized to sign the plat Mylar. Kam Singh proposes to subdivide approximately 4.83 acres into 18 single-family residential lots The property is located at 22704 100th Avenue SE. Y. General Contractor/Construction Manager Contracting Process—Events Center. (CFN-1305) Resolution No. 1743 declaring the Council's final determination to use the general contractor/construction manager(GC/CM) alternative contracting procedure for the City's Events Center project was adopted. On December 4, 2006, the Public Works Committee held a public hearing to solicit comments concerning the City Council's preliminary determination to use the (GC/CM) alternative contracting procedure for the proposed Kent Events Center The Public Works Committee received no objections to the GC/CM project. Z. Surplus Vehicles. (CFN-136) Staff was authorized to appropriately dispose of the surplus equipment described in the Public Works Director's memo of November 27, 2006. AA. Water Treatment Chemical Purchases. (CFN-675) The Mayor was authorized to sign the Univar USA, Inc contract in an amount not to exceed $27,000 for the 2007 Water Treatment Chemical Supply Agreement for Sodium Fluonde. The Mayor was also authorized to sign the JCI Jones Chemical, Inc. contract in an amount not to exceed $81,471, for the 2007 Water Treatment Chemical Supply Agreement for 12.5% Sodium Hypochlorite and 25% Sodium Hydrocoxide. 5 Kent City Council Minutes December 12, 2006 BB Fire Department Performance Policies Standards and Objectives Resolution. (CFN -122) Resolution No. 1744 authorizing the City of Kent Fire Chief to adopt and annually review and amend the Performance Polices, Standards and Objectives, as required by RCW35A.92 was adopted. Chapter 35A.92 RCW requires all cities to establish a policy which sets standards for addressing the reporting and accountability of local fire departments and to specify performance measures applicable to response time objectives for certain major services These new statutes also required that each local fire department review its performance and evaluate its level of service and deployment delivery and response time objectives on an annual basis This resolution recognizes and approves the Fire Department's performance policies, standards, and objectives so as to comply with the intent of the new legislation CC. East Vallev Hi2hway(84th Avenue South) Fund. (CFN-1038) A Federal grant for the Design Phase of the East Valley Highway Project in the amount of$130,528 was accepted. Staff was authorized to establish a budget for the funds and expend these funds on this road improvement project The Mayor was authorized to sign all necessary documents. DD Kiwanis Club of Meridian Donation for Service Club Ball Fields (CFN-118) A S2,911 64 donation from Kiwanis Club of Meridian was accepted and the expenditure of funds in the Service Club Park budget was authorized This is a payment from their original pledge of $35,000 to support the construction of Service Club Park. EE. Kiwanis Club of Kent Donation for Service Club Ball Fields. (CFN-118) A $8,500 donation from Kiwanis Club of Kent was accepted and the expenditure of funds in the Service Club Park budget was authorized. This is a payment from their original pledge of$35,000 to support the construction of Service Club Park. FF. S.E. 256th Rezone Denial Resolution. (CFN-121) Resolution No. 1745 affirming Council's vote taken on November 21, 2006, which denied the rezone application for real property located at 24123 94"'Avenue South in Kent, Washington, seeking a change from the current zoning of Single-Family Residential 4.5 units per acre to Single-Family Residential 6 units per acre was adopted. Councilmember O'Brien had voted against the motion authorizing this resolution, and was excused from this meeting. GG. Council Absence. (CFN-198) An excused absence for Councilmember O'Brien was approved, as he is not able to attend tonight's meeting OTHER BUSINESS A. 2007 BudEet Adoption. (CFN-186) Mayor Cooke said the proposed budget emphasizes public safety, responsive customer service, and more cost effective use of taxpayer dollars She explained the new positions included in the budget and funding for the following projects: $250,000 for LEOFF 1 medical costs, $250,000 for an aquatic center study, $200,000 for one- time human services emergency funding, $100,000 for a public utility study, and $100,000 for annexation studies She added that the City will end the year with 10% of the operating budget in reserve. 6 Kent City Council Minutes December 12, 2006 Gary Nomensen of Puget Sound Energy Company, 3130 S 38`h Street, Tacoma, said he believes the expenditure of substantial City resources to explore the acquisition of an electric utility is premature. He suggested that City staff work with Puget Sound Energy to look at the economics of municipalization. Sam Pace, 29839 1541e Avenue SE, expressed concern about whether there would be bonding capacity left to do other things, and stated that there are many unanticipated challenges to a municipal utility CLARK MOVED to adopt Ordinance No 3822 adopting the 2007 budget as summarized in Exhibit A and including the previously issued Preliminary Budget document as amended by Exhibit B Ranmger seconded Council members Clark,Ranmger, Raplee, Thomas and Harmon commented that the budget process this year was a good and open process Ranmger voiced reluctance about the public utility study The motion then tamed. B. 2006 Property Tax Levy. (CFN-104) Mayor Cooke noted that the estimated levy is $25,594,031 for the General Fund and $600,000 for the Voted Debt Levy, for an estimated total of S26,194,031. Finance Director Nachhnger gave a brief presentation and noted that there is going to be a reduction in property taxes to residents because of a large reduction in the amount of tax levy for outstanding voted debt CLARK MOVED to adopt Ordinances Nos 3823 and 3824 authorizing an increase in property tax and levying the property tax levy for collection in 2007. Ranmger seconded. Clark stated that the holding at 1% is due to Initiative 747 as passed by the citizens Raplee said the current budget plans can be met without raising property taxes and the rate should be left where it is Thomas opined that the 1% increase is realistic. The motion then carried with Raplee opposed. C 2007-2012 Capital Improvement Program. (CFN-377,775&961) Nachlinger noted that the six year Capital Improvement Plan, which becomes the Capital Improvement Element of the City's Comprehensive Plan, totals over$211,000,000 in planned projects over that six year period. He explained the projects which are included, and Hodgson clarified that the Kent Event Center is not a part of this capital budget. CLARK MOVED to adopt Ordinance No 3825 relating to CPA- 2006-4 amending the Capital Facilities Element of the Comprehensive Plan to include the Capital Improvement Plan for 2007-2012 Ranmger seconded and the motion carved. D. Auburn, Kent and Federal Way School Districts Capital Facilities Plans. (CFN-775,961&1000) Mayor Cooke noted that the first ordinance would amend the Capital Facilities Element of the Comprehensive Plan to include the amended Capital Facilities Plans of the Kent, Federal Way and Auburn School Districts, and that the second ordinance would amend the school impact fee schedule contained in Kent City Code Section 12 13 160 to reflect changes in the School Districts' Capital Facilities Plans. Planning Manager Charlene Anderson explained that this is a tool to accommodate growth in schools. CLARK MOVED to adopt Ordinance No 3826 which amends the Capital Facilities Element of the Comprehensive Plan to include the amended Capital Facilities Plans of the Kent, Federal Way and Auburn School Districts, and to adopt Ordinance No. 3827 which amends the school impact fee schedule contained in the Kent City Code to reflect changes in these Capital Facilities Plan. Raplee seconded and the motion carried. E. 2006 Annual Docket Report. (CFN-961) Mayor Cooke noted that the rules of the City's Growth Management Act allow citizens to request changes in laws and regulations once a year and without any application fees by a process called "docketing" She added that approval of the 7 Kent City Council Minutes December 12, 2006 2006 Annual Docket Report determines the tasks to be added to the Planning Services 2007 Work Program. Doug Grimes said the definition of livestock is flawed since it does not differentiate between a 1000-pound cow and a 4-pound chicken, and asked that the City add a review of the code regarding animals to the docket. Tami Jayne Jackson questioned why Bellevue allows chickens and Kent does not. Don Hagen, SE 3201", spoke in favor of including a review of animal regulations. 12-year-old Titus Knight stated that he raises chickens and that it has taught him responsibility and how to handle money Hans Fnewald also said the regulations should be reviewed HARMON MOVED to approve the Planning &Economic Development Committee's recom- mended 2006 Annual Docket Report which determines the list of proposed items to add to staff s 2007 work program, as amended at the November 20, 2006, committee meeting, and to add Docket Item No 2006-5 pertaining to review of the Kent City Code sections regarding animals and minimum lot size Ranmger seconded and pointed out that the ordinance was written at a time when Kent was a rural community with small farms, and all livestock was lumped into one category. The motion then earned. F. Moratorium on Residential Rezones. (CFN-121) Mayor Cooke explained that the pro- posed resolution would impose a moratorium on the filing of rezone and other dependent land use applications for real property with single family residential zoning and/or single family residential comprehensive plan map designations that are not of equal density or otherwise do not match. She explained that there are some areas of the city in which the Comprehensive Plan and the zoning map show different levels of density for housing The City Attorney explained the Comprehensive Plan and the Zoning Code, and said that the main cause of the discrepancies is the grandfathenng in of existing densities from King County when property was annexed into Kent. He added that every property affected by these inconsistencies will be looked at in 2007. He emphasized that the proposed moratorium is not a building moratorium and that it refers only to up-zoning. He said that complete permit applications for rezones which have already been filed are deemed vested once they are complete Brubaker noted that if the resolution is adopted, a public hearing must be held within 60 days. Upon questions from Council members, Community Development Director Satterstrom explained how these discrepancies occurred at the time of the Meridian Annexation, and said that since land is becoming so expensive, people now want more lots, which has resulted in 12 rezone applica- tions this year, as opposed to 4 per year previously. HARMON MOVED to adopt Resolution No 1746 imposing a moratorium on the filing of rezone and other dependent land use applications for real property with single family residential zoning and/or single family residential comprehensive plan map designations that are not of equal density or otherwise do not match Watson seconded. Hannon reiterated that this moratorium does not prohibit the development of existing property, but puts a freeze on up-zoning based on the Comp Plan. Ranniger said it is important to address these inconsistencies Watson expressed concern about the health of the lake and hope that this moratorium will create a sense of urgency. The motion then carved. 8 Kent City Council Minutes December 12, 2006 CLARK MOVED to make a letter dated December 12, 2006, from Bill Williamson, Williamson Law Office, a part of the record Ranniger seconded and the motion carried. REPORTS Mayor's Report. (CFN-198) Mayor Cooke noted that this is the only Council meeting which will be held in December, and that there is a question as to whether a meeting will be held on January 2"d Council President. (CFN-198) Ranmger announced that Council member Thomas will chair the Public Safety Committee in January Operations Committee. (CFN-198&131) Clark clarified remarks he made at the last Council meeting regarding down-zoning an area near Lake Meridian from 4 5 units per acre to 3 acres, making those units non-conforming, by indicating that if a house burned down, it could be restored to the same fashion that it was in before the fire. Community Development Director Satterstrom then explained the restrictions. Parks and Human Services Committee. (CFN-198) Ranmger noted that the next meeting will be held on January 18. Planninll and Economic Development Committee. (CFN-198) No report was given. Public Safety Committee. (CFN-198) Thomas noted that the next meeting will be held on Tuesday, January 9 at 5:00 p in. Public Works Committee. (CFN-198) Raplee noted that a grant in the amount of$150,000 to protect and restore salmon habitat in the Riverview Park project has come through She added that due to the holiday, the committee will meet at 4.00 o'clock on the second and fourth Mondays in January, and that starting in February the meetings will return to the first and third Mondays Administration. (CFN-198) Hodgson noted that there will be an Executive Session to discuss two items of pending litigation and one labor negotiation item, with action expected during the regular session He predicted that the Executive Session will take approximately 30 minutes. He also pointed out that the Operations Committee and the Council Workshop of January 2"d have been cancelled and that an announcement will be made later as to whether the January 2, 2007, Council meeting will be cancelled. He noted that a Council retreat will be held on January 5'h and 6th City Attorney Brubaker gave an update on the status of the Critical Areas Ordinance and said the City's revised ordinance is in compliance with the order issued by the Central Puget Sound Growth Management Hearings Board He added that the City is still under appeal in front of the Washington State Court of Appeals and that a final decision could be as long as a year away CONTINUED COMMUNICATIONS A. Stolen Wire. (CFN-122) Hans Fnewald, 11824 SE 270th, said he noticed that wire had been stolen, lights were out, and manholes were open this morning in his neighborhood. 9 Kent City Council Minutes December 12, 2006 B. Police Corruption. (CFN-122) Linda McCartor Ammons, 839 Woodland Way, addressed the Council about the widespread corruption of police departments in our country, especially the Kent Police Department She opined that the Police were out of control when they killed her son for a minor traffic infraction. Ammons volunteered to head a watch dog group to keep the police accountable for everything they do Richard McCarter, 839 Woodland Way, offered to provide a document relating to police cover-ups. EXECUTIVE SESSION The meeting recessed to Executive Session at 9:45 p.m. and reconvened at 10:38 p.m. A. Labor Negotiations. (CFN-122) THOMAS MOVED that the Council authorize the Mayor to sign a three-year labor agreement with the Kent Police Officers Association, Captains and Lieutenants Unit, effective January 1, 2006 to December 31, 2008, subject to approval as to form by the City Attorney's Office, and to adjust the budget accordingly Hannon seconded and the motion carried. B. Pending Litigation. (CFN-198&131) CLARK MOVED to authorize the City Attorney to commence all necessary proceedings to appeal the Hearing Examiner's decision in Case No. 306-0006185, involving Signal Electric Company and the City of Kent. Harmon seconded. The City Attorney explained that this will allow him to appeal the decision on this code violation action on a wetland issue Clark stated that it is the duty of the City to protect wetlands, and Thomas opined that spending money on litigation will not help in the long run. The motion then carried with Thomas opposed ADJOURNMENT Council member Watson announced that she is changing her name to Elizabeth Albertson, as of January 1, 2007. SHE THEN MOVED to adjourn. Thomas seconded, the motion earned, and the meeting adjourned at 10 45 p.m (CFN-198) tla�c�.�fCa.� 4_ZrJT.�e/t-►- Brenda Jacober, CMC City Clerk 10