HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 12/11/2007 Kent City Council Meeting
KEN1' December 11, 2007
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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, Ranniger, Raplee and Thomas.
(CFN-198)
CHANGES TO THE AGENDA
A. From Council, Administration, Staff. (CFN-198) O'Brien removed Item F from the Consent
Calendar.
B. From the Public. (CFN-198) No changes were made by the public.
PUBLIC COMMUNICATIONS
A. Public Recognition. (CFN-198) Diversity Advisory Board member Ahmed Egal, representing
the Somali community in Kent and the Free Africa Foundation presented Police Chief Strachan with
a trophy in appreciation for the work the Police Department has done in lowering gang activity and
theft.
B Community Events. (CFN-198) Ranniger announced that the Morford Family Carousel is open
and that the Boy Scouts will be recycling Christmas trees. Mayor Cooke described the Christmas
Rush activities.
C. Introduction of Appointees. (CFN-873) Mayor Cooke introduced Roda Barket, her appointee
to the Human Services Commission, and noted that appointments to the Lodging Tax Advisory
Committee are also on the Consent Calendar
D Employee of the Month. (CFN-147) The Public Works Director announced that Jay Mounts,
Construction Inspector. has been chosen Employee of the Month for December Mounts' supervisor,
Pete Tenerelli, said Jay exemplifies all of the City's values in everything lie does. The Mayor
expressed pride in Mounts and presented him with the Employee of the Month plaque.
E. Economic Development Report. (CFN-198) Ben Wolters and Kurt Hansen gave an overview
of the projects which took place in 2007 and a forecast of projects for 2008.
F Public Safety Report. (CFN-122) Police Chief Strachan updated the statistics in his monthly
report, noted that an arrest has been made in an armed robbery which took place at a pharmacy today,
and reported on the progress of the Neighborhood Response Team
CONSENT CALENDAR
Ranniger moved to approve Consent Calendar Items A through FF, with the exception of Item F
which was removed from the Calendar Clark seconded and the motion carried
A. Approval of Minutes. (CFN-198) The minutes of the regular Council meeting of November 20,
2007, were approved.
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Kent City Council Minutes December 11, 2007
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 20, 2007, were approved
Approval of checks issued for vouchers:
Date Check Numbers Amount
11/15/07 Wire Transfers 3046-3065 $3,18 L920 01
1/15/07 Regular 614036-614715 4,239.960 06
Use Tax Payable 3.804.23
$7,425,684 30
Checks issued for payroll for November 1 through November 15 and paid on November 20, 2007,
were approved
Date Check Numbers Amount
11/20/07 Checks 301395-301680 $ 216.986.16
11/20/07 Advices 221799-2222522 1,395.859 42
Total Regular Payroll $1,612,845 58
C. Zoning Code Amendment, Clearwire Wireless Telecommunications Facilities, (CFN-131)
The Planning & Economic Development Committee's recommendation to deny the zoning code
amendment and maintain the existing code language of KCC 15 04 065 8 and 15 08 035 I 1 b.
concerning wireless telecommunications facilities on government property was approved Me
proposed code amendment would have allowed these facilities also on property developed as Puget
Sound Energy substations in residential zoning districts provided the applicant received a conditional
use permit.
D. 2007-09 Competitive Growth Management Act Planning Grant,Midway. (CFN-961) The
Competitive Growth Management Act Planning Grant in the amount of$125,000 was accepted, the
Mayor was authorized to sign the contract with Washington State Department of Community Trade
and Economic Development and the expenditure of funds was approved The grant monies will be
used collaboratively by the Cities of Kent and Des Moines to develop land use policies, development
regulations and implementation strategies within the high-capacity transit corridor of Pacific
Highway South (SR-99).
E 4Culture 2007 King County Performance Network Grant. (CFN-118) The 4Culture grant
for $8,000 to support 2007 King County Performance Network projects was accepted and the
expenditure of funds in the City Art budget was approved 4Culture (Cultural Development
Authority of King County) has awarded the Kent Arts Commission $8,000 to present two new works
as part of the 2007 Site Specific King County Performance Network The two works were presented
at Mill Creek Canyon Earthworks Park on September 8, as part of the Arts Commission's 25`n
Anniversary Celebration of Herbert Bayer's Earthworks.
(REMOVED FROM CONSENT CALENDAR)
F. Communities in Schools Lease Agreement with Kent Commons. (CFN-503) Communities in
Schools—Kent(CISK), a Washington non-profit corporation which provides outreach and mentoring
services to at-risk children in the Kent community, has requested temporary use of a small office
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Kent City Council Minutes December 11, 2007
space at Kent Commons. CISK is a qualified funding recipient through the City of Kent's Human
Services Division and as such,provides a valuable service to the City and it's citizens Tenancy
would be on a month-to-month basis at no charge
Councilmember O'Brien voiced concern about not charging rent for the use of space in a public
facility with no end to the tenancy Clark spoke in support of the program, noting that the City is a
funding partner in this program Hodgson added that the space is not currently being used, and that
when staffhas a use for it, Communities in Schools will be excused from the facility Mayor Cooke
recommended looking into developing a policy regarding the use of facilities at no or reduced cost
for presentation to the Operations Committee, and that the situation be revisited with Communities to
Schools within the first six months of 2008.
Thomas moved to refer the Communities in Schools lease agreement to the Operations Committee
O'Brien seconded Harmon offered a friendly amendment to the motion that the item be directed
back to the Parks Committee from which it came Thomas and O'Brien agreed Hodgson pointed
out that a staff agreement with CISK has already been made Albertson said she will abstain from the
vote as she is a member of the Board of the organization After a brief discussion, Thomas and
O'Brien withdrew the main motion and the second.
Ranmger moved to allow Communities in Schools—Kent(CISK) to temporarily use office space
in Kent Commons at the fee of$1.00 per month for the next six months or until a policy can be
presented to the Operations Committee on non-profit rental rates. Raplee seconded and the motion
carried with Albertson abstaining
G. King Conservation District Grant For Arbor Heights 3600 Park. (CFN-118) The Mayor was
authorized to sign the King Conservation Grant Agreement for $13,373.69 to fund the Arbor Heights
360' Park Planting Project, and the expenditure of funds in the Arbor Heights 360' budget was
approved.
H. West Fenwick Park Improvements Project Grant Application Resolution. (CFN-118)
Resolution No 1773 which authorizes staff to apply to the state Recreation and Conservation Office
for funding assistance for improvements to West Fenwick Park was adopted.
I. Maintenance and Support Invoice for Public Works Order Management System (Hansen).
(CFN-1172) The Mayor was authorized to sign the purchase order for Hansen software maintenance
and support, not to exceed $26,000.
J. Vision Service Plan Three-Year Administrative Services Contract. (CFN-149) The Mayor
was authorized to sign the three-year Vision Service Plan 2008 administrative contract to process
claims and provide access to V SP's network of optometrists and ophthalmologists.
K. Riverbend Golf Complex Budget Adjustment. (CFN-118) A budget adjustment in the amount
of$175,000 for the Riverbend Golf Complex was approved
L. Doug Levy Consulting Services Agreement for 2008. (CFN-1216) The Mayor was authorized
to sign the agreement with Outcomes by Levy for government relations consulting services for 2008.
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M Annual Write Offs. (CFN-104) Write-off of$22,815.95 in accounts receivable, utility charges,
and permit fees from 2006 was authorized.
N Financial Advisor Contract. (CFN-1305) Seattle Northwest Securities was authorized as the
City's Financial Advisor for a five-year period With the upcoming bond issue for the Events Center
as well as other potential issues. the City will be best served by a financial advisor the help coordinate
the issuance of debt, assist in negotiations on the sale of bonds and the purchase of bond insurance,
assist in dealings with the rating agencies, and to verify the pricing of the bonds to be issued.
O. Underwriting Team Contract. (CFN-104) Lehman Brothers, Wachovia Securities and Piper-
Jaffrey were authorized as the underwriting team for the City for a period of five-years. With the
upcoming bond issue for the Events Center as well as other potential issues, the City will be best
served by a team of bond underwriters to provide the widest distribution of the issued bonds to the
marketplace. The team of three will provide two national firms and a regional firm to access both the
local and national markets.
P. East Hill Operations Grade & Fill. (CFN-1038) The East Hill Operations Grade and Fill
project was accepted as complete and release of retamage to Scarsella Brothers, upon standard
releases from the state and the release of any liens was authorized. The original contract amount was
$938,543 22 The final contract amount was $631,881.60
Q 2007 Watermain Replacements. (CFN-1186) The 2007 Watermain Replacements was
accepted as complete and release of retainage to Reed Trucking & Excavating, upon standard releases
from the state and release of any hens was authorized The original contract amount was
$235,920.14. The final contract amount was $174,883 09
R. Kent Events Center Floodplain Mitigation. (CFN-1305) The Kent Events Center Floodplain
Mitigation project was accepted as complete and release of retamage to Construct Company, upon
standard releases from the state and the release of any liens was authorized. The original contract
amount was $664,235.55. The final contract amount was $480,597 24.
S 2008 Street Sweeping Contract. (CFN-136) The Mayor was authorized to sign the 2008 Street
Sweeping Contract with McDonough & Sons, Inc. in the base amount of$14,998 per month, with the
option of four additional one year terms, upon concurrence of the language therein by the City
Attorney and Public Works Director.
T. 2008 Water Treatment Chemical Contract with JCI Jones Chemical, Inc. (CFN-675) The
Mayor was authorized to sign the JCI Jones Chemical, Inc Contact for the 2008 Water Treatment
Chemical Supply in the amount of$73,140, for 25% Sodium Hydroxide
U. 2008 Water Treatment Chemical Contract with Cascade Columbia. (CFN-675) The Mayor
was authorized to sign the Cascade Columbia Distribution Contact for the 2008 Water Treatment
Chemical Supply in the amount of$33,244.80, for Sodium Fluoride and Potassium Permanganate.
V. Metropolitan Water Pollution Abatement Advisory Committee (MWPAAC) Delegates.
(CFN-178) The Mayor was authorized to affirm Greg Reed, Utilities Superintendent as a delegate to
MWPAAC and William Looney, Sewer Field Supervisor as an alternate delegate
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Kent City Council Minutes December 11, 2007
W. Human Services Commission Appointments. (CFN-873) The Mayor's appointment of Roda
Barket to the Kent Human Services Commission for a one year term was confirmed. Roda will
replace Jennifer Grossman who is currently attending the University of Washington. Roda's term
will expire on January 1, 2009.
X. Lodging Tax Advisory Board Appointments. (CFN-1170) The Mayor's appointment of
Andrew Hutchinson and Dennis Higgins to the Lodging Tax Advisory Board was confirmed.
Hutchinson, Manager of the Best Western Motel, will fill the vacant hotel representative position,
and Higgins will fill the position vacated by Andy Wangstad.
Y. Verdana Final Plat (Quasi-Judicial). (CFN-1272) The Final Plat mylar for Verdana was
approved and the Mayor was authorized to sign the mylar. The Hearing Examiner recommended
approval for Kent 160, LLC , to subdivide approximately 155 47 acres into 379 single-family
residential lots and one future development tract. The property is located south of SE 2881' Street,
west of 124`" Ave SE, north of SE 304`h Street, and east of 118`h Avenue SE
Z. Washington Traffic Safety Commission Grant. (CFN-122) The Washington Traffic Safety
Commission grant which provides reimbursable funds up to the amount of$2,860 was accepted The
funds will be used to pay for commissioned police officers' overtime during the Night Time Seat Belt
Enforcement which ran from October 22 through November 5, 2007
AA Computer Replacement Plan. (CFN-1155) The Mayor was authorized to sign purchase
orders for replacement computers and monitors not to exceed $295,000
BB. Voice Over IP Telephone System for Municipal Court and Information Technology.
(CFN-1155) The Mayor was authorized to sign purchase orders to implement the Voice over IP
Telephone System for the Kent Municipal Court and Information Technology Department, for an
amount not to exceed $66,000.
CC. Pasko Tract X Easement Release. (CFN-1038) Release of the Pasko Tract X easement to be
recorded was authorized. The easement was a condition of King County short Plat 779063R reserved
on page two of the short plat recorded March 13, 1980, recording number 8003130648.
DD. Vehicle and Equipment Surplus. (CFN-239) Staff was authorized to dispose of nine surplus
vehicles and three pieces of equipment as described in the Public Works Director's memorandum of
November 26, 2007.
EE. Consultant Services Agreement for Comprehensive Water System Plan. (CFN-599)
The Mayor was authorized to sign any necessary consultant agreements related to the Kent
Comprehensive Water System Plan that are $100,000 or less. subject to the Crty's procurement
policies and approved project budget, and upon concurrence of the language there in by the City
Attorney and Public Works Director.
FF. Pacific Highway South—Agreement with King Countv Metro Transit. (CFN-171) The
Mayor was authorized to sign the agreement with King County Metro Transit for bus shelter
improvements, new bus shelters and general street and pedestrian improvements associated with
the City's Pacific Highway South HOV Lanes Project.
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Kent City Council Minutes December 11, 2007
OTHER BUSINESS
A Meridian Banks Rezone. (CFN-121) The proposed resolution remands the Meridian Banks
Rezone application to the Hearing Examiner for further action on the issues identified by Council in
the resolution. The City Attorney pointed out a technical amendment in Section 2 of the resolution
and reminded Councilmembers of the discussion on quasi-judicial matters at the previous meeting
Brubaker noted for Clark that the application is vested to the laws in effect on the date of the
application.
Harmon moved to adopt Resolution No. 1774 remanding the Meridian Banks Rezone application to
the Hearing Examiner for further action on the issues identified by Council in the resolution Clark
seconded Brubaker noted that a lawsuit on the remand decision was filed yesterday by the applicant,
and that a claim not related to the remand decision in the amount of$3,000,000 has been filed by the
applicant The motion then carried with O'Brien opposed
B. Kent Special Events Center Public Facilities District (PFD) Interlocal Aireement.
(CFN-1305) CAO Hodgson explained that the PFD will sell $62,000,000 of bonds to construct the
Events Center, and that the Contingent Loan and Support Agreement provides that in consideration
for the District dedicating all its sales tax revenue toward repayment of the bonds, the City will make
gross revenue from the Special Events Center available to the District for the payment of remaining
debt service on the District's revenue bonds In return for the Districts revenue commitment to make
bond payments, the agreement also provides that the City will pay for the operation and maintenance
expenses of the Special events Center and will provide credit support for the bonds in order to allow
the District to obtain financing at the lowest interest rates available
Clark moved to adopt Ordinance No. 3863 which approves issuance of Special Events Center sales
tax and revenue bonds by the Kent Special Events Center Public Facilities District, and which
authorizes the Mayor to sign a Contingent Loan and Support Agreement, to sign related documents,
and to take other necessary action, subject to final terms and conditions acceptable to the City
Attorney Ranniger seconded It was noted that due to lower interest rates and bids coming in lower
than the estimates, funds may be available for enhancements to the project The motion then carried
C. Water and Drainage Rates and Fees. (CFN-110) The Operations Committee has recom-
mended adoption of an ordinance amending existing water and drainage fees. Hodgson explained the
proposed changes relating to the monthly base rate for water, the backllow prevention program
annual cross connection fee, monthly drainage rates, and reductions to delinquent charges Clark
moved to adopt Ordinance No 3864 which amends various fees and rates established by the Kent
City Code concerning water and drainage rates and fees, which fee amendments shall be assessed and
collected beginning with the 2008 fiscal year budget Ranniger seconded Clark commented on the
hard choices which had to be made regarding this issue. Upon Brubaker's comment, Ranniger
moved to amend the motion to make the ordinance take effect five (5) days after publication as
provided by law The maker and seconder of the motion both accepted the friendly amendment, and
the main motion carried as amended.
D. 2007 Tax Lew for 2008 Budget. (CFN-104) Assistant Finance Director Cliff Craig explained
the two proposed ordinances and noted that this levy will have the lowest rate since 1983 Clark
moved to adopt Ordinance No 3865 authorizing an increase in property tax and Ordinance No 3866
levying the property tax levy for collection in 2008 Ranniger seconded and the motion carried
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E. 2008 Budget Adoption. (CFN-186) The proposed ordinance adopts the City's 2008 Budget as
summarized in Exhibit A, and includes the Preliminary Budget document as amended by Exhibit B,
which constitutes technical corrections made to the Preliminary Budget The Mayor noted that
emphasis has been placed on public safety, responsive customer service, and cost effective use of
taxpayer dollars, and explained other items in the budget. Hodgson noted that a new Exhibit B which
highlights the changes made by Council since October has been distributed.
Clark moved to adopt Ordinance No 3867 adopting the 2008 City Budget Ranniger seconded
Raplee moved to amend the motion by pulling the Wellness Coordinator position from the Budget
until the Council has further information on the program Harmon seconded for discussion
Raplee then explained that the position originally brought forward has become more comprehensive
and that she feels more discussion on it is needed. She went on to describe what a wellness program
would include and urged the Council to support the amendment O'Brien opined that wellness is a
personal responsibility, not a function of the government Clark pointed out that the new position
would be evaluated at the end of the year, O'Brien expressed doubt that a position would be cut after
being approved in the budget Mayor Cooke emphasized that she would expect to see results from
the program which would be much greater than the cost. Harmon stated that one new position may
not be enough to administer the program and suggested having a consultant study the issue
Albertson concurred with Clark's statement that Council should allow staff to do the administrative
work, and said hiring a consultant would be more costly than funding a new employee Ranmger
opined that the City should be proactive in keeping health costs down Upon a roll call vote, the
motion to withdraw the Wellness Coordinator position from the budget then carried with Harmon,
O'Brien, Raplee and Thomas in favor, and Albertson, Clark and Ranmger opposed
A lengthy discussion was held regarding the format of the budget, and the LTGO bonds for
downtown sidewalks Harmon moved the previous question, Thomas seconded, and the motion
carried 5-2 with Clark and Ranmger opposed.
Upon a roll call vote, the main motion to adopt Ordinance No. 3867 adopting the 2008 City Budget
as amended by the removal of the Wellness Coordinator position then carried 5-1 with O'Brien
opposed and Albertson out of the room.
F. 2008-2013 Capital Improvement Plan/Comprehensive Plan Amendments. (CFN-377&775)
Planning Manager Charlene Anderson explained that the 2008-2013 CIP contains the six year
financing plan for those capital facilities which are needed to accomplish the 20 year vision of the
community, and that adoption updates the Comprehensive Plan Clark moved to adopt Ordinance
No 3868 amending the Capital Facilities Element of the Comprehensive Plan to include the City's
Capital Improvement Plan for 2008-20I3. Ranmger seconded and the motion carried.
G. Non-Represented Employee Salary Adiustment Process. (CFN-198) The Mayor explained
that the proposed resolution provides clarity on a process which ensures that the Council is included
when salary surveys are conducted on groups of five or more. Clark moved to adopt Resolution
No 1775 which relates to group comparative salary surveys for non-represented employees
Ranmger seconded and the motion carried.
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Kent City Council Minutes December 11, 2007
H. Comprehensive Plan Amendments and Revisions to Kent City Code 12.13, School District
Capital Facilities Plans. (CFN-377,775,961&1000) Planning Manager Charlene Anderson
explained that adoption of the proposed ordinances would incorporate the Auburn, Kent and Federal
Way School Districts' Capital Facilities Plans into the Comprehensive Plan, and that impact fees will
be adjusted Clark moved to adopt Ordinance No. 3869 amending 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 3870 amending the school impact fee
schedule contained in Section 12.13 160 of the Kent City Code to reflect changes in the Kent, Federal
Way and Auburn School Districts' Capital Facilities Plans. Ranmger seconded and the motion
carried.
BIDS
A 2nd Avenue Pedestrian Improvements, W. Gowe Street to W. Smith Street. (CFN-171) The
bid opening was held on November 13, 2007, with thirteen bids received. The low bid was submitted
by Dennis R Craig Construction in the amount of$338,673 59 The Engineer's estimate was
$338,187 00 Deputy Public Works Director LaPorte explained the project, noted that 2nd Avenue
will not have to be closed, and recommended award of the project to the low bidder Raplee moved
to award the contract for the 2nd Avenue Pedestrian Improvement (W Gowe St to W Smith St.) to
Dennis R Craig Construction in the amount of$338,673.59. Harmon seconded. After a brief
discussion about street trees, the motion carried
REPORTS
A Council President. (CFN-198) Ranniger noted that anew Council President will be nominated
at the next Council meeting and that Council committees will be reorganized She added that that
meeting will take place on Wednesday, January 2nd, due to the holiday on January 1 st.
B. Mayor. (CFN-198) No report was given.
C Operations Committee. (CFN-198) Clark commented on the accuracy of public information
provided by the City prior to and during the recent flooding.
D. Parks and Human Services Committee. (CFN-198) No report was given.
E. Planning and Economic Development Committee. (CFN-198) Harmon noted that the next
meeting will be on January 14 at 5 00 p.m
F. Public Safety Committee. (CFN-198) Thomas noted that the next meeting will be held at
5.00 p.m. on January 8
G Public Works Committee. (CFN-198) Raplee noted that the next meeting will be held on
January 7 at 5-00 p in and that they will be discussing the Transportation Plan.
H. Administration. (CFN-198) Hodgson reiterated that the first meeting in January will be held on
Wednesday, January 2"d He noted that there will be an Executive Session of approximately twenty
minutes regarding three items of pending litigation, and three items regarding property negotiations,
with action anticipated when the meeting reconvenes.
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Kent City Council Minutes December 11, 2007
EXECUTIVE SESSION
The meeting recessed to Executive Session at 10:00 p.m, and reconvened at 10:35 p.m. (CFN-198)
ACTION AFTER EXECUTIVE SESSION
Pending Litigation. (CFN-198) The City Attorney gave a brief explanation of the issue and
Ranniger moved to authorize the Mayor to sign the Settlement Agreement with Signal Electric
Company in order to resolve all pending litigation and claims between the City and Signal, subject to
approval of final terms and conditions by the City Attorney Clark seconded and the motion carried.
ADJOURNMENT
The meeting adjourned at 10.37 pm (CFN-198)
Brenda .lacober, CMC
City Clerk
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