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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 04/15/2008 Kent City Council Meeting KENO April 15, 2008 WASHINGTON The regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor Cooke. Councilmembers present: Albertson, Clark, Harmon, Ranniger, Raplee and Thomas. Councilmember O'Brien was excused from the meeting. (CFN-198) CHANGES TO THE AGENDA A. From Council, Administration, Staff. (CFN-198) Mayor Cooke added Public Communications Item E, and advised that Bids Item A will be heard prior to Other Business. Raplee added Consent Calendar Item M, an excused absence for Councilmember O'Brien. B. From the Public. (CFN-198) There were no comments from the audience. PUBLIC COMMUNICATIONS A. State Senator Claudia Kaufman. (CFN-198) Senator Kaufman gave an update on issues affecting Kent, including funding for the Center for Advanced Manufacturing, the HOPE center for at-risk youth, the Lucy Lopez Center, funding for arts and culture, affordable housing, addressing foreclosures, and funding for law enforcement officers and firefighters. She also spoke about expanding programs for the elderly, youth and veterans. B. Public Recognition. (CFN-198) Council President Raplee noted that Kent resident Betty Page will be 100 years old on April 18, and wished her a happy birthday from the City Council. Mayor Cooke introduced Boy Scout John Perko, of Troop 945, who is working on his Citizenship in the Community merit badge. Mayor Cooke also noted that the Police Department has received accreditation for law enforcement agencies. C. Community Events. (CFN-198) Ranniger announced that April 26 is Arbor Day and sought volunteers to plant trees and remove invasive plants at West Fenwick Park. She also noted that the PGA Play Golf America Day is on April 19 at Riverbend Golf Complex. Mayor Cooke commented on the Topping Out ceremony at the Kent Event Center today. D. Public Safety Report. (CFN-122) Police Chief Strachan updated statistics for portions of March and April, and spoke about current recruitment, burglaries, and connecting with the community. E. Arbor Day Proclamation. (CFN-155) Mayor Cooke read a proclamation declaring April 26 as Arbor Day in the City of Kent and presented the proclamation to Victoria Andrews of the Parks Department. CONSENT CALENDAR Raplee moved to approve Consent Calendar Items A through M. Clark seconded and the motion carried. 1 Kent City Council Minutes April 15, 2008 A. Anuroval of Minutes. (CFN-198) The minutes of the regular Council meeting of April 1, 2008, were approved. B. Approval of Bills. (CFN-104) Payment of the bills received through March 15 and paid on March 15 after auditing by the Operations Committee on April 1, 2008, were approved. Approval of checks issued for vouchers: Date Check Numbers Amount 3/15/08 Wire Transfers 3191-3210 $6,255,597.32 3/15/08 Regular 618147-618661 1,408,710.62 Use Tax Payable 4,412.36 $7,668,720.30 Approval of checks issued for interim payroll for March 7, 2007: Date Check Numbers Amount 3/7/08 Checks 303859 $152.27 Approval of checks issued for payroll March 1 through March 15 and paid on March 20, 2008: Date Check Numbers Amount 3/20/08 Checks 303591-303860 $ 201,326.55 3/20/08 Advices 227616-228344 1,417,301.16 Total Regular Payroll $1,618,627.71 Approval of checks issued for interim payroll for March 24, 2008: Date Check Numbers Amount 3/24/08 Checks 303861 $ 128.96 3/24/08 Void 303583 -128.96 C. Kent Downtown Partnership Consultant Agreement. (CFN-462) The Mayor was authorized to sign a consultant services agreement with Kent Downtown Partnership in the amount of $33,600 for assessment in 2008. D. Police Records Management Servers Purchasing Agreement with Hewlett- Packard. (CFN-1155) The Mayor was authorized to sign a purchase order with Hewlett-Packard for four (4) servers to replace the current Police Records Management Servers. 2 Kent City Council Minutes April 15, 2008 E. Surplus Aerial Ladder. (CFN-239) The Fire Department was authorized to surplus a 1991 Pierce Lance Aerial Ladder (apparatus 734 VIN#000445), and to authorize that funds received from the sale be deposited into the facilities account for fire maintenance shop renovations. F. Goods and Services Contract for Portable Radios. (CFN-122) The Mayor was authorized to sign the Goods and Services contract with Action Communications, Inc. in an amount not to exceed $490,000 for portable radios. G. Re-Solve Gibbons & Riely, PLLC Real Estate Appraisal Consultant Contract. (CFN-239) The Mayor was authorized to sign the Re-Solve Gibbons & Riely, PLLC, consultant contract, in an amount not to exceed $25,000, for on call real property appraisal services by Anthony Gibbons, MIA, in support of property acquisitions for public works projects, upon concurrence of final terms and conditions by the City Attorney and the Public Works Director. H. Strickland, Heischman & Hoss, Inc., Real Estate Appraisal Consultant Contract. (CFN-1038) The Mayor was authorized to sign the Strickland, Heischman & Hoss, Inc., consultant contract, in an amount not to exceed $25,000 for preparation of a real property appraisal for property located in downtown Kent, upon concurrence of the final terms and conditions by the City Attorney and the Public Works Director. I. W & H Pacific, Inc. Agreement/S. 228th Street/BNSF Grade Separation. (CFN-1269) The Mayor was authorized to sign the S. 2281h Street/BNSF Grade Separation Construction Management Consultant Agreement with W & H Pacific, Inc, in the amount of $1,082,807, upon concurrence of the final terms and conditions by the City Attorney and the Public Works Director. J. Transit Now Service Partnership Agreement with King County Metro Transit for Route 153 Enhancement. (CFN-253) The Mayor was authorized to sign the Transit Service Direct Financial Partnership Agreement with King County Metro Transit and the City of Renton, in the amount of $72,310.89 per year for five years, upon concurrence of the final terms and conditions by the City Attorney and the Public Works Director. K. Criminal Code Amendment, Metal Theft and Possession of Vehicle Theft Tools Ordinance. (CFN-122) Ordinance No. 3878 adopting, by reference, state statutory provisions recently enacted by the state Legislature making it a gross misdemeanor to make or possess vehicle theft tools, repealing the repetitive Kent City Code provision, and requiring metal businesses to maintain transaction records for the sale of nonferrous metals was adopted. L. Lease Agreement with Rainier Pacific Management, LLC, for Police Substation. (CFN-122) The Mayor was authorized to sign the lease agreement with Rainier Pacific Management, LLC, to provide a West Hill substation for the Kent Police Department at the Woodmont Shopping Center, located at 26226 Pacific Highway South. No basic rent will be paid, as the landlord desires that the Police Department's presence will act as a deterrent for illegal activities in the area. The term of the lease will be 36 months beginning on May 1, 2008. 3 Kent City Council Minutes April 15, 2008 ADDED ITEM M. Excused Absence. (CFN-198) An excused absence from tonight's meeting for Councilmember O'Brien was approved. BIDS A. Upper Mill Creek Culvert Replacement at SE 264th Street. (CFN-1038) Public Works Director Blanchard explained the project and noted that six responsive bids were received. He said the lowest responsive and responsible bid for this project was submitted by Pivetta Brothers Construction in the amount of $353,693.01, and recommended that it be accepted. Ranniger moved to award the contract for Upper Mill Creek Culvert Replacement at SE 264th Street project to Pivetta Brothers Construction in the amount of $353,693.01 and to authorize the Mayor to sign the contract and all other necessary documents. Raplee seconded. Blanchard noted for Thomas that work will begin in approximately 30 days. The motion then carried. OTHER BUSINESS A. Meridian Banks Plat Appeal. (CFN-1316) The proposed plat is located at 25840 1351h Lane S.E. The Hearing Examiner held public hearings on May 10, May 23, and August 15, 2007. Findings, Conclusions and a Decision were issued by the Hearing Examiner on October 15, 2007. The applicant filed a motion asking for reconsideration of this Decision with the Hearing Examiner, who denied the motion and issued a Decision on Request for Reconsideration on February 5, 2008. A City Attorney Brubaker stated that his participation in an advisory position to the Council presents a potential conflict, and introduced Wayne Tanaka of Ogden Murphy Wallace in Seattle, who will represent the Council. Mr. Tanaka explained the issue, and the process and procedures for conducting the appeal. Upon Tanaka's question regarding the appearance of fairness, Councilmember Albertson disclosed that she has 1 friends who live in the area but that they have been careful not to discuss this matter. There were no disclosures from other Councilmembers, and no one in the audience voiced a challenge. Bill Williamson, attorney for the appellant, 701 51h Avenue, Seattle, stated that they have no challenges. Williamson began his arguments by stating that this is both a SEPA appeal and a plat appeal, because the plat has been conditioned with SEPA impact mitigation require- ments. He outlined the development history of the area and stated that there are other properties which would be affected by how the City administers City Code Chapter 11.06. He said he believes that staff and the Hearing Examiner ignored the meaning of an exemption, and contended that City policies recognized specific wetlands along the shoreline edge of the lake as already being degraded. He said the wording regarding restoration is "encouraged", not "shall", and said the City has a duty to enforce Chapter 11.04.06. Williamson pointed out a boathouse on the property and explained the history surrounding it. He disagreed with staff who said the boathouse must be removed. He then spoke about wetlands, and said there is no authority to treat wetland plants and floating vegetation as native wetlands merely because of the plat application. He pointed out that Mr. Floten was willing to dedicate over 4,000 sq. ft. to mitigate any possible impacts to the urbanized degraded wetlands, but that staff rejected that offer. He said the fact that six lots cannot be built on represents a taking F 4 Kent City Council Minutes April 15, 2008 i of property without just compensation, and asked the Council to research the exemptions, grant the appeal and approve the plat without the SEPA condition. Assistant City Attorney Kim Adams Pratt responded to Williamson's opening statement by saying that there is no SEPA appeal to Council, only to the Hearing Examiner and then on to Superior Court. She pointed out that a full copy of the staff report has been available in the City Council Office for their review. She then explained that a lot can be created if there is enough area to build a house on after taking the wetland and the buffer into consideration, and that if there isn't, a lot cannot be created. She noted that the applicant's view is that they do not have to take the wetlands and buffer into consideration because they're exempt, but that it is actually the activities that are exempt. She explained what the applicant proposes to do, and said it misconstrues the meaning of the statute and will alter existing uses. She went on to discuss shoreline development regulations and why this development is not compatible. She emphasized that City staff needs a wetland delineation and information on what uses are proposed from the applicant. She discussed the Hearing Examiner's requirements and suggested adding language providing that the fence shall include openings for any access routes subsequently approved by the City per an approved wetland mitigation plan or wetland buffer enhancement plan. She asked the Council to affirm the Hearing Examiner's decision. Williamson said if the exemptions are not enforced, the City will wind up with a park on the property. Pratt clarified for Ranniger that the City would not actually own the property, but would only have an easement. Williamson emphasized that Mr. Floten had a prior platted lot that existed at the time of application and he didn't lose that status because of a plat application. He said that many areas identified for buildings are in previously legally filled wetland areas. He noted for Harmon that Mr. Floten acquired the property in 2005 or 2006. Harmon moved to go to Executive Session to discuss the issue. Thomas seconded and the motion carried. The Council recessed to the Council Office at 9:22 p.m. and returned to the Council Chambers at 9:40 p.m. Albertson moved to affirm the Hearing Examiner's Meridian Banks Preliminary Plat Decision with the modification of Condition 9 to insert words allowing for passages in the fence, and to direct the attorney for the Council to draft an ordinance containing Findings and Conclusions consistent with this motion and bring the same back to Council for final passage. Clark seconded and the motion carried. REPORTS A. Council President. (CFN-198) No report was given. B. Mayor. (CFN-198) The Mayor invited Council and staff to attend the SCATBd meeting next month at which the Transportation Benefit District, the Metro Transit 20/40/40 funding split, and Sound Transit will be discussed. C. Operations Committee. (CFN-198) No report was given. 5 Kent City Council Minutes April 15, 2008 D. Parks and Human Services Committee. (CFN-198) No report was given. E. Planning and Economic Development Committee. (CFN-198) Albertson noted that the committee is studying a cottage housing ordinance. F. Public Safety Committee. (CFN-198) Harmon noted that the next meeting will be held on Tuesday, May 13, at 5:00 p.m. G. Public Works Committee. (CFN-198) Ranniger noted that the next meeting will be held on April 21. H. Administration. (CFN-198) CAD Hodgson noted that at the workshop on May 6, information regarding the Panther Lake Annexation will be presented, and that recommendations regarding the Aquatic Center will be provided later this month. He said labor negotiations and four items of property negotiations will be discussed during the Executive Session, and that action will be taken when the meeting reconvenes. He said the Executive Session will take approximately 30 minutes. EXECUTIVE SESSION The meeting recessed to Executive Session at 9:50 p.m. and reconvened at 10:15. ACTION AFTER EXECUTIVE SESSION Labor Negotiations. (CFN-122) Clark moved to authorize the Mayor to sign a three- year, eight-month labor agreement with the Kent Police Officers Association, Captains and Lieutenants bargaining unit, effective May 1, 2008 to December 31, 2011, subject to approval as to form by the City Attorney's Office, and to adjust the budget accordingly. Harmon seconded and the motion carried. Lane Property Acquisition. (CFN-239) Public Works Director Blanchard outlined the location, price and use of the property. Ranniger moved to authorize the purchase of property located at 26106 SE Kent-Kangley Road for $265,000, and to authorize the Mayor to sign the Purchase and Sale Agreement and all other necessary documents to purchase the property, subject to final terms and conditions acceptable to the Public Works Director and the City Attorney. Harmon seconded and the motion carried. Property Negotiations. (CFN-1038) Blanchard explained this project and recom- mended acceptance of the easement. Ranniger moved to authorize the Mayor to accept a 40-foot Water Transmission Main Easement from KRG Four Corners Square, LLC, on the proposed Four Corners Square project located in the City of Maple Valley, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. Harmon seconded and the motion carried. ADJOURNMENT The meeting adjourned at 10:21 p.m. (CFN-198) ' Brenda Jacober, C City Clerk 6