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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 05/06/2008 Kent City Council Meeting KENT W ASMINOTON May 6, 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, Harmon, Ranniger, Raplee and Thomas. (CFN-198) CHANGES TO THE AGENDA A. From Council, Administration, Staff. (CFN-198) CAO Hodgson noted that the West Harrison Street No Parking Zone matter came out of the Public Works Committee yesterday and that the committee requested it be added to tonight's agenda because it has economic development potential and helps solve a parking problem downtown. It was added as Other Business Item C. B. From the Public. (CFN-198) There were no comments from the audience. PUBLIC COMMUNICATIONS A. Tribute to Bob O'Brien. (CFN-198) Each Councilmember, Mayor Cooke, and CAO Hodgson spoke about working with Councilmember Bob O'Brien, who recently passed away, and a video tribute was shown. B. Public Recognition. (CFN-198) Ranniger announced that the King County Landmarks Commission voted unanimously to name Earthworks Park a historic landmark, and pointed out that this is the 251h anniversary of the park. C. Community Events. (CFN-198) Ranniger noted that the 45th Annual Junior Olympic Track Meet will be held at French Field on May 10. D. Drinking Driver Task Force Design Contest Awards. (CFN-122) Cesi Velez, Public Education Specialist in the Police Department, noted that this is the 241h year of the contest, and introduced the winners of the contest in the following categories: middle school, 4th - 6th grade, 1st - 3`d grade, and preschool - kindergarten. E. Police Department Memorial Event. (CFN-122) Police Chief Strachan noted that a memorial stone has been placed near the Police Station in honor of officers who have lost their lives while members of the Kent Police Department. He noted that the first t officer was Marshall Harry Miller, who was shot and killed in a pistol duel 100 years ago, and that Officers Terry Orr and Greg Duffin have died of cancer since 2003. F. Neighborhood Councils Recognition. (CFN-1304) Toni Azzola explained the Neighborhood Council program and introduced representatives from the Canterbury and Highland Crossing neighborhoods. Mayor Cooke presented them with Neighborhood Council certificates. G. Employee of the Month. (CFN-147) Parks and Community Services Director Watling announced that Steve Pinto of the Facilities Division has been selected as Employee of the Month for May. Pinto's supervisor Charlie Lindsey described Pinto's attributes and Mayor Cooke gave him the Employee of the Month plaque. 1 Kent City Council Minutes May 6, 2008 H. Proclamation — Letter Carrier's Food Drive. (CFN-155) Mayor Cooke declared May 10, 2008, Letter Carrier's Food Drive Day and presented the proclamation to Karen Kirkmire-Wilson, who explained the program. I. Proclamation — Elks National Youth Week. (CFN-155) Mayor Cooke declared May 1-8, 2008, as Elks National Youth Week and presented the proclamation to Margaret Buss of the Auburn Elks. J. Proclamation — National Historic Preservation Month. (CFN-155) Mayor Cooke declared May, 2008, as National Historic Preservation Month and presented the proclamation to Karen Bouton, who described the work that has been done at the Saar Cemetery. K. Economic Development U do ate. (CFN-825) Economic Development Director Ben Wolters gave a monthly update of business developments in the City, including Gourmet Steve's, LA Fitness, and 24 Hour Fitness, along with businesses leaving Kent and those remodeling. L. Kent Events Center Update. (CFN-1305) Economic Development Director Wolters noted that the Topping Out ceremony for the Events Center has been held, that a General Manager for the facility has been hired, and that the Thunderbirds sales office will open in May. ADDED ITEM M. Boy Scouts. (CFN-198) Mayor Cooke introduced Boy Scouts Leif Christenson and Stein Christenson, who are working on badges. CONSENT CALENDAR Raplee moved to approve Consent Calendar Items A through V. Clark seconded and the motion carried. A. Approval of Minutes. (CFN-198) The minutes of the regular Council meeting of April 15, 2008, 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 15, 2008, were approved. Approval of checks issued for vouchers: Date Check Numbers Amount 3/31/08 Wire Transfers 3211-3227 $5,016,683.34 3/31/08 Regular 618662-619048 3,414,218.02 Void Checks ($2,480.00) Use Tax Payable $ 953.40 $8,429,374.76 2 Kent City Council Minutes May 6, 2008 Approval of checks issued for payroll for March 16 through March 31 and paid on April 4, 2008: Date Check Numbers Amount 4/4/08 Checks 303862-304190 $ 236,889.48 4/4/08 Advices 228345-229073 $1,439,143.50 Regular Payroll $1,676,032.98 C. Meridian Banks Preliminary Plat Appeal Ordinance. (CFN-1316) Ordinance No. 3879 which denies the Meridian Banks Preliminary Plat Appeal and adopts the Hearing Examiner's October 15, 2007, Findings, Conclusions, and Decision, subject to one modification that allows possible access to the lake and any pre-existing docks by residents and their guests, was adopted. D. Group Health Cooperative of Puget Sound Management Contract Renewal. (CFN-149) The Mayor was authorized to sign the 2008 Group Health Cooperative contract for the City's insured health maintenance organization plan. The 2008 contract reflects an approximate 13.2% increase in the health care premiums charged by Group Health Cooperative and is budgeted in the health and welfare fund. E. Regional Fire Protection Service Authority Planning Committee. (CFN-122) The Fire Department was authorized to proceed with the formation of a planning committee to develop a recommended structure for a Regional Fire Protection Service Authority. The planning committee will consist of six elected officials, three of which would be from the City of Kent. F. Fire Sprinkler System Installation and Fire Alarm System Upgrade Agreement. (CFN-120) The Mayor was authorized to sign the agreement with Smith Fire Systems in the amount of $85,174.78 for the installation of a fire sprinkler system and fire alarm system upgrade at Fire Station 76 and its maintenance facility. G. Pest Abatement Services Agreement. (CFN-120) The Mayor was authorized to sign the agreement with AAA Pest Control in the amount of $42,916.59 for pest inspection and abatement services at various City buildings for a period of three (3) years. H. Security Card Reader System Upgrade and Installation Agreement. (CFN-120) The Mayor was authorized to sign the agreement with Protection Technologies, Inc. in the amount of $51,825.14 to provide all equipment, software, hardware and labor necessary for the upgrade of the city-wide Security Card Reader System and for the installation of a card reader system at Fire Station 74 and its training facility. I. Conflict Counsel Agreement. (CFN-234) The Mayor was authorized to sign the agreement with Jordan Law Offices P.S. for $37,200 per year for Conflict Counsel Defense Services. J. KaBOOM Grant Agreement. (CFN-118) The Mayor was authorized to sign all necessary documents with KaBOOMI for the acquisition and installation of a grant 3 Kent City Council Minutes May 6, 2008 funded community playground at Lake Meridian Park, and all donated equipment subject to the selection of a qualified funding partner was accepted, upon final contract terms and conditions acceptable to the City Attorney. K. 1st Quarter Fee-In-Lieu Funds. (CFN-118) The $14,100 fee-in-lieu funds was accepted and the expenditure of these funds in the Arbor Heights 360 Park budget was approved. L. King Conservation Reimbursable Grant for Re Leaf 2007. (CFN-1246) The Mayor was authorized to sign the King Conservation District grant of $10,748.75 to fund Re Leaf 2007, and the expenditure of funds in the Clark Lake Management Plan budget was approved. M. Rotary Club Donation for Senior Activity Center Fitness Room. (CFN-118) The $11,340.85 donation for new fitness equipment from the Rotary Club of Kent Sunrise was accepted and the expenditure of funds in the Senior Center Budget was approved. N. Resolution for Application to Recreation and Conservation Office for West Hill Park Development. (CFN-118) Resolution No. 1784 authorizing application to the Recreation and Conservation Office to request funding for the development of West Hill Park was adopted. O. Resolution for Application to Recreation and Conservation Office for Panther Lake Development. (CFN-118) Resolution No. 1785 authorizing the appli- cation to the Recreation and Conservation Office to request funding for the acquisition of land for Panther Lake Park was adopted. P. Midway Subarea Plannina. Interlocal Agreement. (CFN-1315) The Mayor was authorized to sign the Interlocal agreement with the City of Des Moines regarding the Midway planning project. Q. Historic Preservation Nomination of Bereiter House. (CFN-822) Resolution No. 1786 approving the nomination of the Bereiter House and outbuildings for further evaluation by the landmark designation and preservation commission was adopted. The Bereiter House and its outbuildings are significant for their association with a number of Kent's prominent early families and as an exceptionally well preserved group of early residential building types. R. Code Enforcement Process Improvements Ordinance. (CFN-224) Ordinance No. 3380, which repeals the existing Chapter 1.04 of the Kent City Code, adopts a new Chapter 1.04 in its place, and makes other related housekeeping changes to Chapters 13.02 and 14.08 of the Kent City Code, was adopted. S. Recognition of Canterbury & Highland Crossing Neighborhood Council. (CFN-1304) Resolution No. 1787 recognizing the Canterbury Neighborhood Council, and Resolution No. 1788 recognizing the Highland Crossing Neighborhood Council, E supporting their community building efforts, and conferring on them all opportunities offered by the City's Neighborhood Program. 4 Kent City Council Minutes May 6, 2008 T. Bills of Sale, Canary Hill. (CFN-484) The Bill of Sale for Canary Hill for 1,987 linear feet of streets, 2,188 linear feet of storm sewer, 7 storm manholes, and 23 catch basins was accepted. The project is located at SE 256" & 137th Way SE. U. Bills of Sale, Woodford Place. (CFN-484) The Bill of Sale for Woodford Place for 497 linear feet of streets, 852 linear feet of storm sewer, 3 manholes, 9 catch basins and 46,446 cubic feet of detention pond storage was accepted. This project is located at 13426 SE 240th Street. V. S. 228th Street Grade Separation Public Works Trust Fund Loan. (CFN-1269) The Mayor was authorized to sign the Public Works Trust Fund Loan Agreement for construction of the South 228th Street Grade Separation project in an amount not to exceed $10,000,000. OTHER BUSINESS A. Green River Levee Repair Easement Agreement. (CFN-1038) The US Army Corps of Engineers has notified King County and the City of Kent of its intent to com- plete repairs to the Green River Levee along the Riverbend Golf Course at the Corps' expense. The purpose of the easement agreement is to grant to the King County Flood Control Zone District perpetual and temporary easements allowing it to effect repairs, restoration, inspection, and maintenance of the Meyers Golf and Narita Levees. The improvements will impact the current layout of the 18-hole golf course. However, under the terms of the easement agreement, the City will be compensated for all design work, construction costs, and revenues lost during construction when the golf course will temporarily operate with nine holes. Hodgson noted that this matter has been discussed in Executive Session in regard to land negotiation, and that discussion tonight will include the results of the negotiations with the Corps of Engineers and King County. Environmental Engineering Manager Mike Mactutis explained the project and Parks Director Jeff Watling explained the im- pacts to the golf course and time lines. The City Attorney stated that, due to the fast track nature of this project, there may be minor changes to the agreement, exhibits and legal descriptions. In response to Harmon's question, Hodgson noted that the Flood Control District has given authority to the Director of Parks and Natural Resources to sign any and all agreements with the Corps of Engineers and other agencies such as the City. Mayor Cooke added that there is no need for the newly formed King County Flood Control Zone Advisory Committee to be involved. Ranniger moved to authorize the Mayor to sign the Grant of Easements and Levee Easement Agreement with the King County Flood Control Zone District and all other necessary documents for the Meyers Golf and Narita Levees in substantially the form as presented to the City Council, subject to final terms and conditions as may be acceptable to the City Attorney. Harmon seconded and the motion carried. B. Design Contract for Riverbend Golf Course. (CFN-118) The US Army Corp of Engineers has notified King County and the City of Kent of its intent to complete repairs, at the Corps' expense, to the Meyers Golf and Narita Levees along the Riverbend Golf Course. These repairs will impact the current layout of the 18-hole golf 5 Kent City Council Minutes May 6, 2008 course and necessitate the City hiring a landscape architect to provide all of the design for reconfiguration of six holes, bid documents, and support during construction. The Corps' anticipated timing of the levee repairs does not allow sufficient time for use of the standard procurement process for an architect. This emergency requires the immediate execution of the work required from the architect. The architect's work is estimated at $120,000. The City will be compensated for all design work, construction costs, and revenues lost during construction under an agreement with the King County Flood Control Zone District. Parks Director Watling emphasized that timing is an issue and urged the Council to authorize the immediate hiring of an architect. Ranniger moved to authorize the Mayor to move ahead immediately to hire a landscape architect to design the Riverbend Golf Course reconfiguration that is needed as a result of the repair project for the Meyers Golf and Narita levees, and to authorize the Mayor to execute a contract with a landscape architect selected by the Parks Department, upon concurrence of the contract terms by the City Attorney and Parks Director, and upon execution of the Levee Easement Agreement with the King County Flood Control Zone District that includes reimbursement of actual costs. Harmon seconded. The City Attorney clarified that Council needs to make a finding that an emergency exists and recommended such an amendment to the motion. Ranniger so moved, Raplee seconded and the motion to amend carried. The main motion, as amended to reflect that an emergency exists, then carried. At this point, the meeting recessed for eight minutes for technical reasons. The meeting reconvened at 9:03 p.m. ADDED ITEM C. West Harrison Street No Parking Zone. (CFN-171) The Kent Downtown Partnership has asked the City to revise parking on West Harrison Street between 2"d Avenue North and 4th Avenue North in order to restore some of the parking stalls until construction on the parking structure is completed. Deputy Public Works Director LaPorte explained that staff has looked at several options and said that changes must be made to existing ordinances in order to revise the parking. City Attorney Brubaker noted that the proposed ordinance is an emergency ordinance which will become effective in approximately a week. Ranniger moved to adopt Ordinance No. 3881 which amends Section 9.38.020 of the Kent City Code to remove the parking prohibition on West Harrison Street. Clark seconded and the motion carried. BIDS A. Earthworks Park Dam Improvements. (CFN-119) Mike Mactutis noted that the bid opening was held on April 22, 2008, with eight bids received. He explained the project and noted that the low bid was submitted by Pivetta Brothers Construction in the amount of $785,459.45, and recommended award to them. Ranniger moved to award the contract for Earthworks Park Dam Improvements to Pivetta Brothers Construction in the amount of $785,459.45, and to authorize the Mayor to sign the contract and all other necessary documents. Harmon seconded and the motion carried. 6 Kent City Council Minutes May 6, 2008 B. S. 228th Street Grade Separation at Burlington Northern Santa Fe (BNSF) Railroad Project. (CFN-1269) Tim LaPorte noted that the bid opening was held on April 28, 2008, with four bids received. He explained the project and noted that the tracks will stay at the same grade and the bridge will go over the top. The low bid was submitted by Rodarte Construction and LaPorte recommended awarding the contract to the low bidder. Ranniger moved to award the contract for the S. 228th Street Grade Separation at the Burlington Northern Santa Fe Railway project to Rodarte Construction in the amount of $9,238,945.29, and to authorize the Mayor to sign the contract and all other necessary documents. Harmon seconded and the motion carried. REPORTS A. Council President. (CFN-198) Raplee announced that, until further notice, Councilmember Harmon will replace Councilmember O'Brien at the Planning & Economic Development Committee meetings and she will replace him at the Public Safety Committee meetings. B. Mayor. (CFN-198) Mayor Cooke thanked the Comcast volunteers who worked at Lake Meridian, said the Cinco de Mayo event was outstanding, and said a report on her trip to Tomba, Japan, will be made at a later date. C. Operations Committee. (CFN-198) Clark gave a report based on the Puget Sound Regional Council's General Assembly. D. Parks and Human Services Committee. (CFN-198) Ranniger noted that she will give a report in June on the presentation she is giving on Making Cities Livable. E. Planning and Economic Development Committee. (CFN-198) Albertson said she will report later on her attendance at the Urban Land Institute Conference. She added that the meeting scheduled for May 12 has been cancelled, and that Envision Midway is moving forward. F. Public Safety Committee. (CFN-198) Harmon noted that the next meeting will be at 5:00 p.m. on Tuesday, May 13. G. Public Works Committee. (CFN-198) Ranniger thanked the Public Works and Parks Departments for their cooperation on restoration of Earthworks Park. H. Administration. (CFN-198) CAO Hodgson noted that there may or may not be a special workshop on May 13 regarding swimming pools. He said there are two items for the Executive Session, one on labor negotiations and the other on property negotia- tions. He said action is expected when the meeting reconvenes, and that the Executive Session will take approximately 20 minutes. EXECUTIVE SESSION The meeting recessed to Executive Session at 9:35 p.m. and reconvened at 9:53 p.m. (CFN-198) 7 Kent City Council Minutes May 6, 2008 ACTION AFTER EXECUTIVE SESSION A. Labor Negotiations. (CFN-122) Clark moved that Council authorize the Mayor to sign a three-year collective bargaining agreement with the International Association of Fire Fighters Local 1747, Fire Fighters Unit, effective January 1, 2008, to December 31, 2010, subject to approval as to form by the City Attorney's Office, and to adjust the budget accordingly. Raplee seconded and the motion carried. ADJOURNMENT The meeting adjourned at 9:55 p.m. (CFN-198) Brenda Jacober, CM City Clerk 8