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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 08/07/2007 Special Kent City Council Meeting WA E N T WAS HINOTON August 7, 2007 Mayor Cooke called this special meeting to order at 5 00 p.m. and explained that the reason for the early start is so that Councilmembers can attend National Night Out activities. Councilmembers present: Albertson, Clark, Harmon, O'Brien, Ranmger, Raplee, and Thomas. (CFN-198) PUBLIC COMMUNICATIONS A. Public Recognition. (CFN-198) O'Brien suggested having the Arts Commission honor heroes from this community who are serving in the military in Iraq. B. Community Events. (CFN-198) Ranniger announced the showing of The Princess Bride at Lake Meridian, the Doxon Toyota Amateur Golf Tournament at Riverbend Golf Course, open auditions for the Missoula Children's Theater, the Summer Concert Series, fall soccer sign ups, and the closure of the Senior Center from August 27-31 for refinishing of the floors. C. Kent-Yangzhou China Youth Ambassadors. (CFN-155) Alexandra Truzzi, Youth Exchange Program Coordinator for the Kent-Yangzhou Sister City Committee, introduced the two youth exchange students from Kent and the two from Yangzhou Each student commented on their experiences. D. Employee of the Month. (CFN-147) Mayor Cooke announced that the August Employee of the Month is not available and presentation of the plaque will be delayed until a later date. CONSENT CALENDAR Ranmger moved to approve Consent Calendar Items A through N. Clark seconded and the motion carried. A. Approval of Meeting. (CFN-198) The minutes of the regular Council meeting of July 17, 2007. were approved. B. Approval of Bills. (CFN-104) Figures were not available for approval. C. Ordinance Declaring Graffiti a Public Nuisance. (CFN-122) Ordinance No 3849 amending section 8 01.030 of the Kent City Code to declare graffiti a public nuisance was adopted. D Ordinance Increasing Commercial Truck Parking Penalty. (CFN-122) Ordinance No. 3850 amending sections 9 38 130 and 9.38.140 of the Kent City Code to increase the infraction fee for large vehicles parked in violation of the Kent City Code was adopted. E. Riverbend Golf Complex Surplus Equipment Disposal. (CFN-239) Staff was authorized to dispose of the following surplus equipment from Riverbend Golf Complex: (1) 1997 Lastec Articulator—Pull behind mower Model X/SN3830596 (2) 2000 Toro Grounds Master 328: 4 wheel drive mower Model GM328/SN30627-210000223 (3) 1998 Befco—pull behind mower w/3 decks Model 17212-706D/SN 196 (Frame), 197533, 197504, 197777 1 Kent City Council Minutes August 7, 2007 (4) 2000 Toro Ground Master 328—4 wheel drive mower Model GM328/SN30627-2100000224 (5) 1998 Befco—Pull behind mower w/2 decks (disassembled), Model 17212-706D/SN192327, 192204 F. King Conservation District Grant. (CFN-118) A $1,993.94 grant from King Conservation District was accepted and the expenditure of funds in the Eagle Scout Projects budget was authorized. G. 132nd Street Park Master Plan. (CFN-118) The 132nd Street Neighborhood Park Master Plan was approved. The 5.5-acre neighborhood park site is located on the west side of 132nd Avenue, north of Kent-Kangley Road at approximately 266th Street. H. East Hill Water Reservoir Agreement. (CFN-1038) The Mayor was authorized to execute the Public Works Trust Fund Pre-Construction Loan Agreement for the East Hill Water Reservoir in the amount of$1,000,000, to establish a budget for the funds and to direct staff to spend the money accordingly. I. 116th Avenue SE Testing and Inspection Services Contract. (CFN-1024) The Mayor was authorized to sign the Consulting Contract Agreement for the 1161 Avenue SE Materials-Testmg & Inspections Services with Jason Engineering & Consulting Businesses, Inc., in an amount not to exceed $167,075, upon concurrence of the language therein by the Public Works Director and the City Attorney. J. 2007 Asphalt Overlays Testing and Inspection Services Contract. (CFN-103) The Mayor was authorized to sign the Consulting Contract Agreement for the 2007 Asphalt Overlays-Materials Testing & Inspections Services with Jason Engineering & Consulting Businesses, Inc., in the amount not to exceed $40,705, upon concurrence of the language therein by the Public Works Director and the City Attorney. K. Kent Events Center Floodplain Mitigation Geotechnical Services Contract. (CFN-1305) The Mayor was authorized to enter into an agreement with GeoEngineers, Inc , for the Kent Events Center Floodplain Mitigation project for an amount not to exceed $28,737, upon concurrence of the language therein by the City Attorney and the Public Works Director. L Congressional/Legislative Support Contract. (CFN-1038) The Mayor was authorized to enter into a Consultant Services Agreement with Thompson Smitch Consulting Group in an amount not to exceed $70,000, upon concurrence of the language therein by the City Attorney and the Public Works Director. The contract provides the City of Kent assistance to secure the FY08 Energy and Water appropriation request M. 106th Avenue SE Sewer Main Extension and Latecomer Agreement. (CFN-485) The Latecomer Agreement for the 106` Avenue SE Sewer Main Extension between the City of Kent and the developers of the Silver Creek, Wildwood Ridge 1 & 2, and Henderson Short Plats was authorized. N. Solid Waste Handling Service Ordinance. (CFN-738) Ordinance No. 3851 amending section 7.03.050 of the Kent City Code, which requires residential and commercial properties to prevent garbage and other waste from overflowing on their properties was adopted. 2 Kent City Council Minutes August 7, 2007 OTHER BUSINESS A. Public Facilities District. (CFN-1305) City Attorney Brubaker explained that the proposed ordinance creates the Public Facilities District ("PFD"), as authorized by the State Legislature in its 2007 legislative session, to establish and construct the Kent Events Center ("Center"). This ordinance and its attached mterlocal agreement constitute the initial organizational steps to create a PFD for the Center, to authorize the PFD's reallocation provisions to divert one-third of one percent of state-recovered sales tax to the PFD, to issue bonds to construct the Center, and to construct and operate the Center, so long as the PFD continues to exist. Passage of this ordinance and creation of the PFD will not increase retail sales tax in the City. The ordinance also authorizes the Mayor to execute an iterlocal agreement with the PFD to carry out the PFD's various duties and purposes. Raplee moved to adopt Ordinance No 3852, which creates the Public Facilities District, as authorized by the State Legislature in its 2007 legislative session, to establish and construct the Kent Events Center and authorizes the Mayor to sign the mterlocal agreement with the PFD. Ranniger seconded and the motion carried BIDS A. South 277th Street Corridor, Green River Road Detention Pond. (CFN-1180) The bid opening for this project was held on July 31, 2007, with three bids received. The low bid was submitted by Rodarte Construction in the amount of$187,647.77. The Engineer's estimate was $143,821.28. Raplee moved to award the contract on the S. 277`h Street Detention Pond to Rodarte Construction, in the amount of$187,647.77 and to authorize the Mayor to sign the agreement. Harmon seconded and the motion carried REPORTS Council President. (CFN-198) Ranniger reminded everyone of National Night Out activities taking place tonight. Mayor. (CFN-198) No report was given. Operations Committee. (CFN-198) No report was given. Parks and Human Services Committee. Ranniger noted that the next meeting will be held at 5:00 p.m. on August 16. Planning and Economic Development Committee. (CFN-198) Harmon noted that no meeting will be held in August. Public Safety Committee. (CFN-198) Thomas noted that the committee will meet on August 14 at 5 00 p.m Public Works Committee. (CFN-198) No report was given. Administration. (CFN-198) Hodgson noted that there will be an executive session of approxi- mately five minutes regarding the Cedar Pointe, Ellis, and Vista Landing Rezones as shown on the agenda, and that action afterward is anticipated It was clarified that action on the Kent 256`h Rezone is not proposed at this time. 3 Kent City Council Minutes August 7, 2007 EXECUTIVE SESSION The meeting recessed into Executive Session at 5:20 p.m. and reconvened at 5.25 p.m. (CFN-198) ACTION AFTER EXECUTIVE SESSION Cedar Pointe, Ellis, and Vista Landing Rezones. (CFN-121) Mayor Cooke announced that during the executive session the Council discussed ordinances related to land use decisions. The City Attorney explained that the proposed ordinances pertain to three separate rezone applications, all of which were requests to rezone from Single Family Residential SR-4 5 to Single Family Residential SR-6 He noted that at the time they were presented, the Council denied the rezones, which resulted in subsequent litigation He explained that the City of Kent did not prevail in the litigation and, by order of the court, is directed to upzone the properties. Harmon moved to adopt Ordinance No 3853 authorizing the rezone of the Cedar Pointe rezone application to SR-6, consistent with the Hearing Examiner's recommendation and the direction of the King County Superior Court, and to authorize the settlement agreement entered into between the applicant and the City, which will require dismissal, with prejudice, of all pending issues in the Land Use Petition Act appeal. Clark seconded and the motion carried with Thomas opposed. Harmon moved to adopt Ordinance No. 3854 authorizing the rezone of the Ellis rezone application to SR-6, consistent with the Hearing Examiner's recommendation and the direction of the King County Superior Court, and to authorize the settlement agreement entered into between the applicant and the City, which will require dismissal, with prejudice, of all pending issues in the Land Use Petition Act appeal. Clark seconded and the motion carried with Thomas opposed. Harmon moved to adopt Ordinance No. 3855 authorizing the rezone of the Vista Landing rezone application to SR-6, consistent with the Hearing Examiner's recommendation and the direction of the King County Superior Court, and to authorize the settlement agreement entered into between the applicant and the City, which will require dismissal, with prejudice, of all pending issues in the Land Use Petition Act appeal. Clark seconded. Clark pointed out that residents of Scenic Hill expressed concern about their property values being eroded and asked the Council not to approve this rezone He said the Council is required to uphold the laws and cannot always give citizens exactly what they want, even when they have a legitimate concern He added that in this case, there is a significant financial burden on the City if it does not conform. Harmon's motion to adopt Ordinance No. 3855 then carried with Thomas opposed. ADJOURNMENT The meeting adjourned at 5:30 p.m. (CFN-198) a_�v—L Brenda Jacober, CMC 9 City Clerk 4