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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 04/17/2007 • Kent City Council Meeting KENT April 17, 2007 WA5MINGTON The regular meeting of the Kent City Council was called to order at 7:00 p in by Mayor Cooke Councilmembers present: Albertson, Clark, Harmon, O'Brien, Ranmger, Raplee and Thomas. (CFN-198) CHANGES TO AGENDA A From Council, Administration, or Staff. (CFN-198) Clark added Other Business Item A 2008-2013 Medic One/EMS Levy. CAO Hodgson added Pending Litigation under Executive Session Item I IB. PUBLIC COMMUNICATIONS A Public Recognition. (CFN-198) Albertson mentioned that the Pied Piper Tavern held a fund raising event for the Muscular Dystrophy Association to send kids to summer camp O'Brien noted the passing of Carly Stowell from Kentlake High School who was a nationally ranked basketball player. B. Community Events. (CFN-198) Ranmger noted that last Saturday was Arbor Day and many volunteers helped plant trees and shrubs at West Fenwick Park and the City received an award "Tree City USA" for many of the City's tree related activities and volunteer programs Mayor Cooke noted the "Fiesta de Mayo" on May 6 at the King County Park n'Ride lot. She also mentioned a public meeting for the Aquatic Center being held at the Senior Center on Wednesday, April 24th at 6:00 p in. C. Swearing In of Police Officers. (CFN-122) Chief Strachan introduced two new officers Peter J Stewart and John T. Ross, who were then sworn in by the Mayor. D. Public Safety Report. (CFN-122) Chief Strachan updated the Council on a few statistics over the past month, including the implementation of tasers, promotions, and adding a pilot bike unit in the east hill business area. Fire Chief Schneider explained the joint emergency exercise to take place in June, involving the Kent School District, Police Department, Fire Department, and the Kent Emergency Management Division. Chief Strachan then introduced Scott Perthel the recipient of the Chief s Award of Valor, and the recipient of the Chief s Award for Distinguished Service, Officer John Shipman and K-9 Jango E. Introduction of Appointee. (CFN-997) Mayor Cooke introduced her appointment to the Kent Bicycle Advisory Board, Dr. Samuel T. Hartt. PUBLIC HEARINGS A. Local Improvement District 362, East Valley Highway, SR 167-S. 212th Street, Formation. (CFN-1306) This date has been set for consideration of an ordinance that establishes Local Improvement District (LID) 362, East Valley Highway, SR 167-S 212th Street The East Valley project has been on the 6-year Transportation Improvement Plan (T.I.P.) for widening and rehabilitation of the pavement. The Design Engineering Section has been very successful in 1 Kent City Council Minutes April 17, 2007 obtaining grants for the project and has so far received five grants totaling just over 2 million dollars from three funding partners. Properties representing 37 percent of the assessment have signed no protest L I D. Covenants and Environmental Mitigation Agreements for road improve- ments. Pursuing the formation of LID 362 will benefit properties being assessed a share of the project cost. Brubaker gave an explanation of the LID process, the first phase is a policy decision before Council whether or not to form this LID and a second phase is an assessment roll hearing where property owners will have the opportunity to protest their assessment. He reiterated that tonight Council's decision is whether or not to construct this improvement. Tim LaPorte, City Engineer, introduced the design team on this project, explained the proposed LID and that this project was included in the Council's Six-Year Transportation Improvement Program since 1999 Chad Bieren, Engineering Supervisor, explained the improvements that would be made to the roadway, intersection and drainage system. Mark Howlett, Engineering Design Manager, stated how this LID would be funded by grant monies, City monies and the LID would represent 46%of the project costs. Bieren answered Harmon's question about underground utilities which would be done at the time of construction. Mayor Cooke opened the public hearing Carlo Caraccioli spoke in behalf of his mother Teresa Y P P g P "Stella" Caraccioli, who owns property on 84th and spoke against the project. RANNIGER MOVED to close the public hearing. Raplee seconded and the motion carried. RAPLEE MOVED to adopt Ordinance No. 3833 authorizing the formation of Local Improvement District 362, East Valley Highway, SR 167-S. 212th Street, providing for widening and improvements. Harmon seconded. There were questions from Council regarding protests, grant money, and road conditions, which were answered by staff. Harmon called for the question and the motion passed unanimously. CONSENT CALENDAR RANNIGER MOVED to approve Consent Calendar Items A through S. Clark seconded and the motion carried. A. Approval of Meeting. (CFN-198) The minutes of the regular Council meeting of April 3, 2007, with a correction to the minutes of March 6, 2007, Consent Calendar Item M, Ordinance No. 3831 should be Ordinance No. 3830 were approved. B. Approval of Bills. (CFN-104) Payment of the bills received through March 31 and paid on March 31 after auditing by the Operations Committee on April 3, 2007,were approved 2 Kent City Council Minutes April 17, 2007 Approval of checks issued for vouchers: Date Check Numbers Amount 3/31/07 Wire Transfers 2785-2803 $1,362,936.01 3/31/07 Regular 606089-606508 3,142,497.33 Use Tax Payable 3,738 53 $4,509,171.87 C. King County Office of Emergency Management Grant (CFN-122) The King County Office of Emergency Management Homeland Security Sub-grant was accepted and the Mayor was authorized to sign the contract to receive funds D. Santiam Emergency Equipment, Inc. Agreement. (CFN-122) The Mayor was authorized to sign the Santiam Emergency Equipment, Inc. agreement. The Fire Department received a waiver, pursuant to KCC 3 70 080, for the purchase of personal protective equipment for 2007. Santiam is the sole distributor for Securitex personal protective equipment. E. Bauer Compressors, Inc. Contract. (CFN-122) The Mayor was authorized to sign the Bauer Compressor, Inc. contract for the purchase of a mobile skid mounted compressor. The Mayor authorized a sole source waiver to purchase a skid mounted compressor to be installed in the mobile air unit. F. Parking Stalls on East Side of Fourth Avenue North of Titus Ordinance. (CFN-131) Ordinance No. 3834 which amends section 9.38.080 of the Kent City Code to clarify the hours during which the thirty (30) minute parking time restriction applies to the parking stalls located on the east side of Fourth Avenue near the police department was adopted. G. Valley Special Response Team Interlocal Cooperative Agreement. (CFN-122) The Mayor was authorized to sign the Valley Special Response Team Interlocal Cooperative Agreement. The operational agreement titled, "Interlocal Cooperative Agreement between Auburn, Des Moines, Federal Way, Kent, Renton, Tukwila and the Port of Seattle, for the Creation of the Valley Special Response Team"has been updated to include Des Moines as a partner agency. H. Prohibiting Vehicle Trespass Ordinance. (CFN-122) Ordinance No. 3835 which amends chapter 9.02 of the Kent City Code adding a new section prohibiting vehicle trespass was adopted. This ordinance makes it a crime to enter another person's vehicle without permission to steal property within the vehicle or use another person's car in an objectionable way. I. Prohibiting the Tampering or Interfering with Property of Another Ordinance. (CFN-122) Ordinance No. 3836 which amends chapter 9.02 of the Kent City Code adding a new section 9 02.195 prohibiting a person from tampering or interfering with the property of another without permission was adopted These situations include the dumping of garbage, depositing of bodily fluids, or discarding food items onto another's property. This ordinance will afford police officers and prosecutors the tool necessary to address these concerns. 3 Kent City Council Minutes April 17, 2007 I Exotic Animals as Service Animals for Disabled Persons Ordinance. (CFN-175) Ordinance No. 3837 which amends chapter 8.03 of the Kent City Code to revise the definition of service animal to include exotic animals as allowed under the Americans with Disabilities Act was adopted. This ordinance extends the exemption to apply to those disabled citizens who wish to use an exotic animal specially trained by a recognized program as a service animal. K. Taxicab and Vehicles For-Hire Regulation Ordinance and Interlocal Agreement with King County. (CFN-175) Ordinance No. 3838 which amends chapter 5 03 of the Kent City Code to appoint King County as the licensing and enforcement authority over taxicabs and vehicles for-hire operating within the City of Kent was adopted, and the Mayor was authorized to sign the corresponding interlocal agreement. When the City adopted its taxicab licensing provisions, the stated intent was to adopt King County's taxicab regulations. However, no agreement was entered into between the City and King County for King County's regulation of taxicab and vehicle for-hire companies operating in the City. The purpose of this ordinance is to correct that oversight. L. Falkner Short Plat Bill of Sale. (CFN-484) The Bill of Sale for the Falkner Short Plat for 5 watermain gate valves, 1 hydrant, 306 linear feet of watermain, 2 sanitary sewer manholes, 260 linear feet of sanitary sewer, 422 linear feet of streets, 2 storm manholes, 5 catch basins, 1 catch basin storm filter, 4,200 cubic feet of detention pond storage, and 715 linear feet of storm sewer lines was accepted. The project is located at 22226—93`d Ave. S. M. Silver Creek Estates Short Plat Bill of Sale. (CFN-484) The Bill of Sale for the Silver Creek Estates Short Plat for 1 watermain gate valve, 2 hydrants, 280 linear feet of watermain, 1 sanitary sewer manhole, 174 linear feet of sanitary sewer, 623 linear feet of streets, 8 catch basins, and 689 linear feet of storm sewer lines was accepted. The project is located at SE 267" St. and 106"' Ave. SE. N. Blakely Place Short Plat Bill of Sale. (CFN-484) The Bill of Sale for the Blakely Place Short Plat for 3 watermain gate valves, 1 hydrant, 255 linear feet of watermain, 2 sanitary sewer manholes, 240 linear feet of sanitary sewer, 200 linear feet of streets, 2 storm manholes, 2 catch basins, 9,500 cubic feet of detention pond storage, and 84 linear feet of storm sewer lines was accepted. The project is located at 981h Ave. S. and S. 235`h Pl. O. Beall Short Plat Bill of Sale. (CFN-484) The Bill of Sale for the Beall Short Plat for 2 watermain gate valves, 1 hydrant, 635 linear feet of watermain, 3 sanitary sewer manholes, 565 linear feet of sanitary sewer, 660 linear feet of streets, 2 storm manholes, 7 catch basins, and 20,100 cubic feet of detention pond storage was accepted. The project is located at 23403 —98`h Ave. S. P. Park View Plat Bill of Sale. (CFN-484) The Bill of Sale for the Park View Plat for 2,297 linear feet of streets, 6 storm manholes, 19 catch basins, 125 linear feet of biofiltration swale, 166,190 cubic feet of detention pond storage, and 1,775 linear feet of storm sewer was accepted. The project is located northwest of 288`h St SE and 144`h Ave. SE intersection. 4 Kent City Council Minutes April 17,2007 Q. Henderson Short Plat Bill of Sale. (CFN-484) The Bill of Sale for the Henderson Short Plat for 2 watermain gate valves, 1 hydrant, 339 linear feet of watermain, 1 sanitary sewer man- hole, 220 linear feet of sanitary sewer, 308 linear feet of streets, 1 storm manhole, 3 catch basins, 482 linear feet of storm sewer was accepted The project is located at 26719— 108`h Ave. SE. R. Vista Landing Rezone Decision Resolution. (CFN-121) Resolution No. 1752 affirming Council's vote taken on April 3, 2007, which denied the rezone application for real property located at 10040 SE 267`h Street 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. The motion authorizing this resolution passed by a vote of four council members in favor, with Councilmembers Clark and O'Brien opposed, Councilmember Thomas recused himself because of potential actual conflict of interest(Councilmember Thomas owns property near the subject site), and the record on this resolution should reflect the same. S. Bicycle Advisory Board Appointment. (CFN-997) The Mayor's appointment of Samuel T. Hartt to serve as a member of the Kent Bicycle Advisory Board was confirmed Dr. Hartt will fill a vacant position on the Board and his appointment will continue until 12/31/2008. OTHER BUSINESS ADDED ITEM A. 2008-2013 Medic One EMS Levy. (CFN-122) Chief Schneider explained how the Medic One/EMS Levy was developed and approved but was informed by King County that it is considering placing this levy on the August primary ballot. He said that the agreed date by the Stake Holder Group of Elected Officials Committee would be November 2007, this new date would put a burden on the City to meet the date of May 29 for the levy to be placed on the August primary. Chief Schneider went to the Operations Committee and recommended that the delegate, Councilmember Clark, vote to maintain the current position and as approved by the Elected Officials Committee in October 2006. He noted that the Operations Committee approved this motion. Chief Schneider answered Councilmember Clark's questions about the election, a levy lid lift and a junior taxing district. CLARK MOVED to have the City of Kent Delegate, for the King County Medic One EMS Levy, Stake Holder Group of Elected Officials, vote to maintain our current position, as voted upon and approved by the elected officials, in October 2006, pertaining to the type, length, and rate of the proposed 2008-2013 Medic One EMS Levy. Ranniger seconded. Clark spoke to the motion regarding EMS services that are critical for the public safety and financing, which requires the cooperation of the various other major cities inside King County. He noted that the Elected Officials Committee came to a unanimous consent agreement in October and now King County changed it to where it is no longer the same agreement. Clark also noted that this motion is basically giving direction to future negotiations with the King County about unification within the cities Clark's motion then carried unanimously. 5 Kent City Council Minutes April 17, 2007 BIDS A. Town Square Plaza. (CFN-1298) The Town Square Plaza bid opening was held Monday, March 26 at 10:00 a.m. Five bids were received and opened for this project. The apparent low bid was JV Constructors, Inc. for $3,432,000 plus applicable Washington Sate sales tax (8.9%). The consultant's estimated range was $2 8 to $3.5 million. CAO Hodgson described that the Town Square Plaza was meant to bridge Kent Station with historic downtown. He stated the budget was for $3 million and the bid, although close to the engineers estimate, did not include all the costs associated with the project such as sales tax and 10% contingency. He went onto say that when the bids were opened the total cost of the project went up to $4 8 million. Hodgson noted the projects that could be deferred from the Parks Department and Public Works Department. After much discussion about the financing of this project, RANNIGER MOVED to authorize the Mayor to enter into an agreement with JV Constructors, Inc for$3,432,000 plus applicable Washington State sales tax (8.9%) to complete the Town Square Plaza Project. Raplee seconded. Harmon said that he trusted CAO Hodgson to find the money somehow and noted that he would vote in favor. The motion then carried with O'Brien abstaining. REPORTS Council President. (CFN-198) No report was given. Mayor's Report. (CFN-198) The Mayor noted she testified this past week before the King County Council on the Flood Control Zone going countywide, and there is an amendment that will be going before the King County Council at their next meeting. She also noted that she spoke to leaders within the House and Senate specifically dealing with House Bill 2388, the bill that carries the Kent Events Center through a public facilities district formation. The Mayor also noted that the Kent Events Center will be named Amiga Center at Kent. Operations Committee. (CFN-198) Clark noted that Amiga is located internationally and will be transferringtheir headquarters t Kent. q o e t. He also noted that they will be developing a partnership with the school districts to make real life digital education a part of the process and learn skills that apply in the real world. Parks and Human Services Committee. (CFN-198) Ranniger noted the Parks and Human Services Committee will be meeting this Thursday, at 5:00 p.m. in Chambers East. Planning and Economic Development Committee. (CFN-198) Harmon noted that the Planning and Economic Development Committee will meet April 23 in Chambers at 5.00 p.m. and will be taking public testimony in reference to reconciliation of single family zoning and land designations. 6 Kent City Council Minutes April 17, 2007 Public Safety Committee. (CFN-198) No report was given. Public Works Committee. (CFN-198) No re given report was Administration. (CFN-961) Hodgson noted to Council that this is the last week of the legislature and that probably in May a complete legislative update will be presented. He also reminded Council of an Executive Session of approximately 20 minutes to discuss three issues,two property acquisitions and one pending litigation, with potential action after the regular meeting reconvenes. EXECUTIVE SESSION The meeting recessed to Executive Session at 9:10 p.m. and reconvened at 9:35 p.m. ACTION AFTER EXECUTIVE SESSION Brubaker reminded Council that previous authorization was given for City participation in a series of litigation and appeals involving a wetland dispute between the City of Kent and a property owner, Signal Electric. Brubaker stated in an attempt to consolidate the various disputes he has submitted a Quiet Title Declaratory Judgment and Breach of Contract action in Superior Court in King County and would like to ask Council for approval of this action and ratification of all acts consistent with that. CLARK MOVED to authorize the City Attorney to file a Quiet Title Declaratory Judgment and Breach of Contract action in the Signal Electric matter in order to attempt to consolidate all pending litigation and appeals involving this matter and to ratify all acts consistent therewith. Ranniger seconded and the motion carried. ADJOURNMENT The meeting adjourned at 9.40 p.m. (CFN-198) Mary Deputy City Clerk 7