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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 03/04/2008 Kent City Council Meeting KENT WnSHINOTON March 4 2008 The regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor Cooke. Councilmembers present: Albertson, Clark, O'Brien, Ranniger, Raplee and Thomas. Harmon was excused from the meeting. (CFN-198) CHANGES TO THE AGENDA A. From Council, Administration, Staff. (CFN-198) Consent Calendar Item D was moved to Other Business as Item B; Other Business Item A, Meridian Banks Rezone, was removed from the agenda; FEMA Floodplain Mapping Appeal was added to the agenda as Other Business Item C; it was noted that there is no need for an Executive Session. B. From the Public. (CFN-198) There were no changes to the agenda from the audience. PUBLIC COMMUNICATIONS A. King County Update. (CFN-198) King County Councilmember Reagan Dunn outlined issues being worked on by King County, including transparency in taxation, open space and wilderness areas, an elected auditor, permitting issues, EMS levy, Election Department consolidation, landlord-tenant issues, gravel pits, dog parks, transportation and public health issues. B. Public Recognition. (CFN-198) No were no public recognition items. C. Community Events. (CFN-198) Ranniger announced the Resource Fair, Spotlight Series, Ladies of Slack Key Guitar, and Let's Plant the Planet. D. Records and Information Month. (CFN-155) Mayor Cooke read a proclamation declaring April as National Records and Information Management Month and introduced K the City's Records Administrator, Sue Hanson. After comments by City Clerk Brenda Jacober, the Mayor presented the proclamation to Ms. Hanson and commended her on her dedication. E. Employee of the Month. (CFN-147) Mayor Cooke introduced Public Works Engineer Ozzie Carrasquilla, Employee of the Month for March. The Public Works Director and Carrasquilla's supervisor Mike Gillespie commented on his work ethic, attitude and other attributes, and Mayor Cooke presented him with the Employee of the Month plaque. F. Legislative Report. (CFN-198) Michelle Witham updated the Council on the progress of various issues including prostitution/vehicle seizure and Center For Advanced Manufacturing funding, and noted that the session will adjourn on March 13cn G. Economic Development Report. (CFN-825) Ben Wolters noted that Kvichak Marine has completed its first patrol boat for the Coast Guard, which was recently launched in Tacoma. He said two fitness centers are preparing to open, and progress is being made on the Springboard project. Kent City Council Minutes March 4, 2008 H. Kent Events Center Update. (CFN-1305) Ben Wolters presented a video showing the structure of the Events Center and noted that approximately a third of the budget has been expended. He noted that SMG has been chosen as the operator, and that a General Manager will be selected soon. PUBLIC HEARING A. LID 360 — S.E. 227th Place Sanitary Sewers. (CFN-1301) This date has been set for the public hearing on confirmation of the final assessment roll for LID 360. The City has determined that certain properties are specially benefited by the construction of an 8" sanitary sewer system with 6" side sewer stubs for the twelve properties included within the local improvement district, and has proposed to proportionately assess these properties in accord with those special benefits. Deputy City Attorney Fitzpatrick explained the quasi-judicial process and determined that no Councilmembers have a conflict-of-interest and that none have had ex-parte contact. He also clarified that the ordinance in the agenda packet is a sample, and that the final ordinance confirming the assessment roll will be presented at a future meeting. The Mayor opened the public hearing. She noted that protests to the assessment have been received from Alexander Huynh & Cassandra Ho, Edward and Ellen Gillner, Ann Bloomquist, and Donald and Wanda Woodard. RAPLEE MOVED to accept these four letters into the public record. Clark seconded and the motion carried. Mark Howlett, Engineering Design Manager, outlined his background and experience, and explained the project. After Deputy City Engineer Tim LaPorte also outlined his education and experience, he explained the impacts of failing septic systems, the need for sanitary sewers, and the special benefits to the property owners. Howlett then outlined the actions taken on the project. He noted that the original estimate was $242,283.63 and that the final project cost was $302,026.32, due to an increase in construction costs. He added that the City was able to reduce prices by re-bidding the project, financing the LID in-house, and negotiating with King County to add this project to their 2008 asphalt overlay program, which saved approximately $7,000 per lot, for a total cost of $25,168 per lot. Howlett then explained that the payment plan would be for 15 years which would be $1,667.92 per year plus interest. He added that tools are available to those with low incomes and those above 60 years of age. LaPorte said that although the area is not inside the city limits, the City of Kent would be affected by failing septic systems, so they worked hard to keep costs down. Ranniger pointed out that after the project was re-bid, a letter went out from the City which mentioned an assessment of $20,800.00. Howlett said that amount was a goal they were trying to attain, but that they were unable to do so. He said a letter had gone out earlier saying the estimated amount would be $26,700. RANNIGER MOVED to make letters from the City dated September 21, 2006 and October 30, 2006, a part of the record. Clark seconded and the motion carried. LaPorte reiterated that the $20,800 mentioned in the letter was a target, that the intent was not to state the final assessment amount in that letter, and said staff talked with property owners about the assessment on the phone. Raplee opined that it appears to say the assessment 2 Kent City Council Minutes March 4, 2008 amount is $20,800. She moved to make the PowerPoint presentation, the Affidavit of Publication of the Notice of Hearing on the Final Assessment Roll, and the notification of the hearing which went out to property owners, a part of the record. Clark seconded and the motion carried. It was determined that the last communication from the City prior to the final roll letter sent on February 8, 2008, was the letter dated October 30, 2006. Upon questions from Council, it was noted that the bids were rejected because staff felt they could get lower bids in the winter than in the summer and that the notices were mailed to the address shown on the county tax records, as required by state law. Ed Gillner, 11645 SE 227t', Kent, stated that he supported the project in the beginning when the cost was between $13,000 and $18,000, and that he was shocked to get the assessment in February 2008 because there had been no other letter since October 30, 2006. He said that during a telephone conversation with Nick Horn after the first bids were opened, he verbally agreed to the $26,700 since the City was going to try to reduce that amount. He said the letter stating $20,800 was received after that, and he sees the $20,800 as a contract. He added that he has a copy of DPK Construction Company's bid showing the $20,800 amount; LaPorte explained that parts of the bid, such as the number of feet of pipe required, are estimated. Upon Albertson's question, Gillner said he feels the fair thing to do is change the assessment amount to $20,800. Cassandra Ho, 11644 SE 227`h, Kent, noted that when the City sent a letter dated September 21, 2006, informing property owners that the bids had come in high and the assessment would be $26,700, and asking how property owners would like to proceed, she and her husband were opposed, but that after reading the October 30, 2006, letter, they understood that the amount would be $20,800, so they agreed to proceed with the project which they would have rejected at $26,700. She noted for Thomas that when they purchased the house there was no notification that there could be a septic failure. LaPorte noted that form letters from the City dated September 21, 2006, estimating the assessment at $26,700 and asking property owners if they wish to proceed or not, were returned by Mr. Gillner and Mr. Woodard indicating that the project should proceed at that amount. Ranniger moved to make the letters a part of the record. Clark seconded and the motion carried. Raplee moved to close the public hearing. Clark seconded and the motion carried. Ranniger moved to modify the assessment based on the evidence presented, making them $20,800 as stated in the October 30, 2006, letter to property owners. Raplee seconded. Ranniger said the October 30, 2006 letter gives the perception that the cost will be $20,800, it was received after the letter stating the cost at $26,700, and there was no further communication until February 8, 2008. Thomas spoke in support of the motion and noted that the City will benefit by preventing future septic system failure. Upon Clark's question, it was determined that the difference in cost will come from the Sewer Fund and will be shared by all rate-payers. Raplee supported the motion. Blanchard said he will provide Councilmembers with all the packet information and with information on the difference between the bid and the actual cost. Albertson pointed out that, because of the hard work of staff, the final assessment amount did come in under the $26,700 amount, and suggested providing periodic updates to property 3 Kent City Council Minutes March 4, 2008 owners in the future. Ranniger suggested reviewing the manner of communication throughout the LID process, in order to avoid creating an expectation that cannot be met. Mayor Cooke recommended that the Public Works Committee look at policies regarding the cost of projects being done in winter, and develop some policies around the bidding process. The motion to modify the assessments on LID 360 to $20,800 then carried. CONSENT CALENDAR Raplee moved to approve Consent Calendar Items A through H, with the exception of Item D which was removed at the request of Councilmember O'Brien. Clark seconded and the motion carried. A. AARoroval of Minutes. (CFN-198) The minutes of the regular Council meeting of February 19, 2008, were approved. B. Approval of Bills. (CFN-104) Payment of the bills received through February 15 and paid on February 15 after auditing by the Operations Committee on February 19, 2008, were approved. Checks issued for vouchers were approved: Date Check Numbers Amount 2/15/08 Wire Transfers 3157-3174 $1,817,383.54 2/15/08 Regular 617235-617718 2,142,185.75 Void Checks (225,246.67) Use Tax Payable 10,421.14 $3,744,743.76 Checks issued for payroll for February 1 through February 15 and paid on February 20, 2008, were approved: Date Check Numbers Amount 2/20/08 Checks 303032-303312 $ 207,300.29 2/20/08 Advices 226160-226888 1,393,622.68 Total Regular Payroll $1,600,922.97 C. Council Absence for Harmon. (CFN-198) An excused absence for Council- member Harmon from tonight's meeting was approved. E. DSHS Grant Agreement for Safe Havens. (CFN-118) The Mayor was authorized to sign the grant agreement from the Washington Department of Social and Health Services for the amount of $50,000 to fund Safe Havens services, and the expenditure of funds in the Safe Havens budget was approved, subject to final grant terms and conditions acceptable to the City Attorney. The funds will be used to support personnel costs that will provide services to low income families at the Safe Havens Visitation and Exchange Center. F. 2007 Community Development Block Grant Consolidated Annual Performance Evaluation Report (CAPER). (CFN-118) The 2007 Consolidated Annual Performance and Evaluation Report was approved and the Mayor was 4 Kent City Council Minutes March 4, 2008 authorized to submit the report to the U.S. Department of Housing & Urban Development. G. 2008 City Art Plan and Five-Year Art Plan. (CFN-815) The 2008 City Art Plan and Five Year Plan was approved. H. King County Agreement for Jail Transition Services. (CFN-118) The Mayor was authorized to sign the Memorandum of Agreement with King County for collaborative Jail transition services, subject to final terms and conditions acceptable to the City Attorney. This agreement entails dedicated office space for one full-time equivalent DSHS financial application worker to be sited within the Housing and Human Services office at Kent City Hall. OTHER BUSINESS A. Meridian Banks Rezone Ordinance. (CFN-121) This matter was removed from the agenda. REMOVED FROM CONSENT CALENDAR at the request of Councilmember O'Brien. B. Police Headquarters. (CFN-118) The Operations Committee has requested approval of $50,000 to fund existing facilities research and development, and authorization for the Mayor to enter into an agreement with Ambia Architecture to perform an analysis of construction alternatives, subject to final approval of terms and conditions by the Police Chief and the City Attorney. Councilmember O'Brien requested time to review previous space studies. Clark moved to approve the existing Police Headquarters Research and Development Funding and the new Police Headquarters Construction Alternative Analysis Contract. Raplee seconded for discussion. Upon questions from Councilmember O'Brien regarding costs, staffing, and building size, Hodgson explained the previous studies and the current and future needs. Clark's motion then carried with O'Brien opposed. ADDED OTHER BUSINESS ITEM C. Federal Emergency Management Agency1FEMA) Floodplain Mapping_ (CFN-1038) Environmental Engineering Manager Mike Mactutis explained that FEMA issued Preliminary Flood Insurance Rate Maps and a Flood Insurance Study for King County on September 28, 2007, and that King County and cities in the area have studied the maps and found that some old information was used on them. He explained the impacts and how the City is addressing them. Ranniger moved to authorize the Mayor to sign the Appeal Submittal of the Federal Emergency Management Agency Preliminary Digital Flood Insurance Rate Maps for the Lower Green River upon concurrence of the language therein by the City Attorney and the Public Works Director. Raplee seconded and the motion carried. BIDS A. 4tn and James Street Improvements. (CFN-1067) The bid opening for this project was held on February 26, 2008, with five bids received. The low bid was submitted by Sanders General Construction in the amount of $3,216,275.72. The Engineer's estimate was $3,282,164.45. The Public Works Director recommended award of the bid to the low bidder. Ranniger moved to award the contract on Schedule A: James Street Improvements (4th Avenue N. to the Interurban Trail) and Schedule 5 Kent City Council Minutes March 4, 2008 B: (41h Avenue North and W. Cloudy) Street Improvements to Sanders General Construction in the amount of $3,216,275.72, and to authorize the Mayor to sign all necessary documents. Raplee seconded and the motion carried. REPORTS A. Council President. (CFN-198) No report was given. B. Mayor. (CFN-198) No report was given. C. Operations Committee. (CFN-198) No report was given. D. Parks and Human Services Committee. (CFN-198) No report was given. E. Planning and Economic Development Committee. (CFN-198) Albertson noted that their next meeting will be on March loth. F. Public Safety Committee. (CFN-198) Thomas noted that the next meeting will be at 5:00 p.m. on March lath. G. Public Works Committee. (CFN-198) Ranniger noted that the next meeting will be held on March 17th. H. Administration. (CFN-198) Hodgson announced that the subject of discussion at the next workshop will be Jail alternatives. ADJOURNMENT The meeting adjourned at 10:18 p.m. (CF 198) Brenda Jacober, CMC City Clerk 6