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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 09/02/2008 Kent City Council Meeting �• KENT September 2, 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, Danielson, Harmon, Ranniger, Raplee, and Thomas. (CFN-198) CHANGES TO THE AGENDA A. From Council, Administration, Staff. (CFN-198) It was noted that there is a revised agenda page for BID Item 8A, that the Employee of the Month cannot be in attendance at this meeting, and that there is no need for an Executive Session tonight. B. From the Public. (CFN-198) At the request of John Kastien, Continued Communications Item 10A, Building Permit, was added to the agenda. Continued Communications Item 10B, Local Option Bill, was added at the request of Shannon McClure. PUBLIC COMMUNICATIONS A. Public Recognition. (CFN-198) There were no public recognition items. B. Community Events. (CFN-198) Ranniger announced National Public Lands Day at Turnkey Park, and other fall volunteer opportunities. C. Emglovee of the Month. (CFN-147) This item was removed from the agenda and will appear on the September 161h agenda. D. Economic Development and Kent Events Center Updates. (CFN-825) Ben Wolters announced the latest business openings and closures in the city, said there is interest in the parking garage property, and gave an update on activities at the Events Center, including completion of pouring of the concrete slab for the ice arena. E. Proclamation - Payroll Week. (CFN-155) Mayor Cooke declared the week of September 1 -5, 2008, as Payroll Week in the City, and presented the proclamation to Finance Department employees Bonnie Fell and Shirley Huntington. F. Proclamation - Constitution Week. (CFN-155) Mayor Cooke declared the week of September 17 - 23, 2008, as Constitution Week in the City, and presented the proclamation to Elizabeth Walker, who encouraged everyone to study that document. PUBLIC HEARINGS A. Potential Annexation - Panther Lake Annexation Area Resolution (CFN-1309) The City has been studying the feasibility of annexing the Panther Lake area since April 2007. Financial, land use, and service level studies have been conducted. Most recently, the City completed an opinion survey of annexation residents. The proposed resolution declares the City's intent to annex the Panther 1 Kent City Council Minutes September 2, 2008 Lake area by calling for an election of voters who reside in the area. At this time, the projected election date will be the May 2009 special election. Community Development Director Fred Satterstrom explained that the King County Annexation Initiative encourages the annexation of large unincorporated urban areas to their adjacent cities, and that Senate Bill 6686, passed in 2006, created a financial funding incentive to cities which annex areas of a certain size, and which commence by January 1, 2010. He explained the Boundary Review Board process and time- lines, noting that there is some urgency to moving ahead. He explained that although the proposed resolution sets the process in motion, another action by Council would have to be taken in order to set an election date. He emphasized that it is the registered voters in the annexation area who would decide the outcome of the election. Michelle Witham, Community and Public Affairs Manager, explained the opinion survey which was recently taken in the annexation area, and the results of the survey. She noted that most of the concerns were in regard to police and fire service, taxes, and water and sewer services. Witham and Satterstrom then responded to questions from Councilmembers relating to the survey, public information, boundaries, taxes, parks and parks programs, and utilities. It was clarified that most residents in the area now use Soos Creek Water and Sewer District, and that that would not change. Mayor Cooke opened the public hearing. Ranniger moved to make a letter dated June 18, 2008, from the Soos Creek Water and Sewer District Board of Commissioners, showing support for the annexation, a part of the record. Albertson seconded and the motion carried. Barbara Searle, 10216 SE 222nd, said she and her neighbors are very much in favor of annexation. Shannon McClure, 20500 108th Avenue SE, speaking for the Great American Casino, explained that the Recreational Gaming Association is working for a Local Option Bill to be passed in the 2009 legislative session, which would allow the City to zone as they choose. She said the casino prefers to stay where it is rather than be located downtown, and urged the Council to help get the legislation passed through the Association of Washington Cities. She also suggested grandfathering or a moratorium. Gordon Urban, 11436 SE 208th #180, representing the Pantera Logo Homeowner's Association, expressed interest in becoming part of Kent. Stanley Malm, 10448 SE 2121h Street, voiced concern about his community well. Deputy Public Works Director Tim LaPorte explained that the area is in the Soos Creek Water and Sewer District and ultimately private wells would come under their purview. He added that in the past the City has allowed private wells to remain. The City Attorney clarified that the City of Kent will not take over any portion of the Soos Creek Water and Sewer District, and that Mr. Malm should contact them to see what their policies are. Karen Freeman, 701 5th Avenue, Seattle, speaking on behalf of King County`s Annexation Initiative, expressed appreciation for the work the City of Kent has done in consideration of this annexation proposal. She said the County will see a continued erosion of service in large urban potential annexation areas such as this. 2 Kent City Council Minutes September 2, 2008 Julie LeFebvre, 11346 SE 211th Lane #47, said she is a strong supporter of annexation because of improved police service, that some of her neighbors are also in favor, and that she is willing to assist in getting the area annexed. 011ie Burton, 11007 SE 196th, Renton, noted that although his property is in the annexation area, his address is Renton. It was clarified that his address would not change. Burton also expressed concern about a ditch called Panther Creek, which often floods, and about how his livestock would be affected. He asked for help in maintaining the drainage ditch (Panther Creek) and Public Works Director Blanchard explained that the City must do a complete assessment of the area to determine what is owned by the public, which would be part of King County, and what part is owned privately. Once that is done, the City can determine which areas they will maintain. There were no further comments from the audience and Albertson moved to close the public hearing. Raplee seconded and the motion carried. Albertson then moved to adopt Resolution No. 1794 which determines that the best interests and the general welfare of the City of Kent would be served by calling for the annexation, by election, of certain territory contiguous to the City, referred to as the Panther Lake Annexation Area, as legally described in this resolution. Harmon seconded. Brubaker noted that Councilmembers have received copies of the legal description which, although not in the agenda as Exhibit A to the resolution, was in the Notice of Intent in the agenda. Clark emphasized that this is a vote of the citizens, to determine what they want to do, and urged them to make inquiries and have discussions. Thomas commented that in his experience, the service provided by the Kent Police Department is amazing. Albertson encouraged citizens to contact Councilmembers with any questions they may have. The motion to adopt Resolution No. 1794 then carried unanimously. CAO Hodgson said Council and staff are interested in meeting with citizens to ensure that they know about City services and so forth, and suggested they contact Michelle Witham in the Mayor's Office to set up meetings. He said it is anticipated that the Boundary Review Board process should be done by the end of February, and that at that time the City Council will decide whether to take this forward to the voters in May. He noted that if the community supports the annexation by their vote and the Council accepts the annexation, it is anticipated that it would become effective January 1, 2010. City Attorney Brubaker then explained that the ballot proposition process has now begun, and that although Council and staff should feel free to discuss this, there is a prohibition against using City facilities and equipment to advance or oppose a ballot measure. He emphasized that Council and staff should discuss facts only, and that citizens should understand that employees must be cautious in City facilities and in their role as Council or staff members. He noted that the City will do their best to provide factual, objective data to anyone for or against the annexation. It was clarified that Councilmembers are free to discuss the local option bill with Shannon McClure of Great American Casino. CONSENT CALENDAR Raplee moved to adopt Consent Calendar Items A through Q. Clark seconded and the motion carried. 3 Kent City Council Minutes September 2, 2008 A. Approval of Minutes. (CFN-198) Minutes of the regular Council meeting of August 19, 2008, were approved. B. AARDroval of Bills. (CFN-104) Payment of the bills received through August 15 and paid on August 15 after auditing by the Operations Committee on August 19, 2008, were approved. Approval of checks issued for vouchers: Date Check Numbers Amount 8/15/08 Wire Transfers 3369-3389 $6,745,801.44 8/15/08 Regular 623422-623956 3,181,778.60 Void Checks (355.84) Use Tax Payable 3,363.47 $9,930,587.67 Checks issued for payroll for August 1 through August 15 and paid on August 20, 2008, were approved: Date Check Numbers Amount 8/20/08 Checks 306850-307173 $ 268,250.33 8/20/08 Advices 235048-235803 1487,280.29 $1,755,530.62 C. 2009 Annual Budaet — Set Date for 1st Public Hearing. (CFN-186) September 16, 2008, was set as the date for the first of two public hearings on the 2009 Budget. D. 2009-2014 Capital Improvement Plan. (CFN-775) September 16, 2008, was set as the date for the first of two public hearings on the 2009-2014 Capital Improvement Plan. E. Advanced Broadcast Solutions Goods and Services for Multimedia Digital Upgrade Project. (CFN-1155) The receipt and completion of goods and services from Advanced Broadcast Solutions in support of the Information Technology Multimedia Digital Upgrade project in the amount of $32,125.50 was approved and all actions consistent with this approval were ratified. F. Bridge Consulting Services for Multimedia Digital Upgrade Project. (CFN-1155) The completion of professional services by Bridge Consulting in support of the Information Technology Multimedia Digital Upgrade project in the amount of $40,000, was approved and all actions consistent with this approval were ratified. G. Avanti Computer Systems Receipt of Goods for Multimedia Workflow Management Information System. (CFN-1155) The receipt of goods from Avanti Computer Systems in support of the Information Technology Workflow Management Information System in the amount of $44,348.90, was approved and all actions consistent with this approval were ratified. 4 Kent City Council Minutes September 2, 2008 H. St. Vincent De Paul Lease Agreement for New Connections. (CFN-118) The Mayor was authorized to sign the lease agreement with St. Vincent De Paul to rent the city-owned building located at 412 West Titus Street. New Connections, a non-profit agency serving Kent residents, has been a tenant in the city-owned building located at 412 West Titus Street since June 2003. I. Siemens Technologies, Inc. Agreement for HVAC Modifications. (CFN-118) The Mayor was authorized to sign a three-year renewal agreement in the amount of $42,510 with Siemens Building Technologies, Inc. for the HVAC software support and city-wide upgrades, subject to final terms and conditions acceptable to the City Attorney. J. Smith Fire Agreement for Security Systems. (CFN-118) The Mayor was authorized to enter into an agreement with Smith Fire Systems, Inc., in the amount of $23,572.34 to monitor and test fire and burglar alarm systems city-wide, subject to final terms and conditions acceptable to the City Attorney. K. Air Exchange, Inc. Agreement for Modifications to Exhaust Extraction System. (CFN-118) The Mayor was authorized to enter into an agreement with Air Exchange, Inc. in the amount of $68,554 for modifications and additions to the Plymovent Exhaust Extraction Systems at Fire Stations 73 and 75, subject to final terms and conditions acceptable to the City Attorney, L. S. 222nd St. Street Vacation Resolution Setting Hearing Date. (CFN-102) Resolution No. 1795 setting a public hearing date of Tuesday, October 7, 2008, regarding the vacation of the south one-half of S. 222nd Street, west of 92nd Avenue South and east of SR-167 was adopted. M. Anchor Environmental LLC Consultant Contract for Lake Meridian Outlet Project, Phase II. (CFN-1038) The Mayor was authorized to sign a consultant contract in the amount of $44,706 between the City of Kent and Anchor Environmental, LLC, for the purpose of preparing bid documents, finalizing permits, and providing construction support of the Phase II of the Lake Meridian Outlet Project, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. N. Pacific Highway HOV Lanes, North & South Phase. (CFN-1038) The Pacific Highway HOV Lanes, North & South Phase, was accepted as complete and release of retainage to Scarsella Brothers, upon standard releases from the state and release of any liens was approved. The original contract amount was $11,032,492.53. The final contract amount was $11,897,473.70. O. Drainage Master Plan Ordinance. (CFN-648) Ordinance No. 3890 adopting the Drainage Master Plan was adopted. The plan was completed by City of Kent staff and their consultants. The plan serves as the framework for drainage system improvements, maintenance, and replacement needs to 2030 buildout. It is anticipated the plan will be updated every ten (10) years. 5 Kent City Council Minutes September 2, 2008 P. Water System Plan Ordinance. (CFN-787) Ordinance No. 3891 adopting the 2008 Water System Plan was adopted and the Public Works Director was authorized to proceed with approval of the Plan. The plan was completed by City of Kent staff and their consultants, and is the framework for water system improvements, maintenance, and replacement needs to 2030 buildout. The plan is updated every six (6) years. Q. Comprehensive Plan Ordinance Amending the Capital Facilities Element and Incorporating the 2008 Water System Plan and the Drainage Master Plan. (CFN-377) Ordinance No. 3892 amending the Capital Facilities Element of the Kent Comprehensive Plan and incorporating the Drainage Master Plan and 2008 Water System Plan by reference into the Kent Comprehensive Plan was adopted. BIDS A. 2008 Downtown Sidewalk Improvements. (CFN-1238) The bid opening for this project was held on August 12, 2008, with nine bids received. After the bids were opened, Schedule B was deleted from the project because the City may obtain Federal funding for the sidewalk improvements along 2nd Avenue. The City will re- bid this section of work under a future, separate project. The low bid for Schedule A of the project was submitted by Construct Company, in the amount of $765,309.30. The Engineer's Estimate was $762,205.00 The Public Works Director recommends awarding this contract to Construct Company. Raplee moved to authorize the Mayor to sign the contract with Construct Company for the 2008 Downtown Sidewalk Improvements project award in the amount of $765,309.30. Harmon seconded. Ranniger expressed discomfort with using LTGO bonding for this project. The motion then carried with Ranniger opposed. B. 81st Avenue South Storm Revisions. (CFN-1038) The bid opening for this project was held on August 28, 2008, with thirteen bids received. The low bid was submitted by Archer Construction in the amount of $48,777.50. The Engineer's estimate was $78,038.55. Public Works Director Blanchard explained that this is in a low-lying area which floods every year. Ranniger moved that the Mayor be authorized to sign the contract with Archer Construction for the 8151 Avenue South Storm Drain Revisions project in the amount of $48,777.50. Raplee seconded and the motion carried. C. Riverbend Golf Course Remodel. (CFN-118) The bid opening was held on August 22, 2008, with one bid submitted by Bernhardt Golf in the amount of $757,000, excluding Washington State Sales Tax. The Engineer's estimate was $950,000 excluding WSST. The City will be reimbursed for project expenditures as a result of impacts to the golf course by levee projects conducted by the Army Corps of Engineers, as outlined in an agreement with King County. Parks Director Jeff Watling noted that this is related to the levy work under construction. Ranniger moved that the Mayor be authorized to sign the agreement with Bernhardt Golf for $757,000, plus Washington State Sales Tax, to complete the Riverbend Golf Course Remodel project, subject to final terms and conditions acceptable to the City Attorney. Harmon seconded and the motion carried. 6 Kent City Council Minutes September 2, 2008 REPORTS A. Council President. (CFN-198) No report was given. B. Mayor. (CFN-198) Mayor Cooke announced upcoming Neighborhood Council meetings. 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 the September 8, 2008, meeting has been cancelled and that the next meeting will be on October 13. She added that the annual Food Bank breakfast is at 7:00 a.m. on October 10. F. Public Safety Committee. (CFN-198) Harmon noted that the next meeting is at 5:00 p.m. on September 9. G. Public Works Committee. (CFN-198) No report was given. H. Administration. (CFN-198) CAO Hodgson announced that the special workshop on the 2009 budget on September 16 will begin at 5:00 p.m. rather than 5:30. He noted that there will be a special workshop on the budget on September 23 from 3:00 p.m. to 6.00 p.m., and reiterated that there will be no Executive Session tonight. CONTINUED COMMUNICATIONS ADDED ITEM A. Building Permit. (CFN-1293) John Kastien, 20609 94th Avenue South, representing several home owners, expressed concern with the transparency of the permit process. He noted that Hearing Examiner Condition 15 on the Copper Ridge project states that the top, toe and sides of onsite 40% slopes shall be determined by field survey, and that the 40% steep slope areas and their associated buffers shall be placed in Native Growth Protection Easements. He said attempts by impacted property owners to track the status of Condition 15 during the permit process have been stonewalled. He stated that numerous Freedom of Information Act requests have been filed but no response has been received. He said the City should encourage citizen review of how conditions are implemented in the permitting stage, and said failure to respond to requests leads to suspicions. Kastien said they have been informed that the City is about to issue a grading permit, and asked how a permit can be issued without meeting Condition 15, and why the City is keeping the process secret. Kastien noted for Harmon that they have found no evidence that a field survey has been done as required in Condition 15, and that they have submitted many public records requests on Condition 15 since late 2004, as well as many requests for other information. He clarified that they have received a plethora of information on other issues, but not on Condition 15. He expressed frustration that the City allows 7 Kent City Council Minutes September 2, 2008 developers to not comply with conditions. Upon Danielson's question, Kastien noted that a 16' wall on a 40% slope is proposed, which is not legal Community Development Director Satterstrom explained that this development originated in King County in about 1990 and was brought into Kent through annexation, and is therefore regulated in part by King County regulations, Kent regulations, and Hearing Examiner conditions. He stated that staff is not taking Kastien's requests lightly, and that no permits have been issued at this time. He explained that the Public Works, Planning and Fire departments are meeting to ensure that all actions comply with all regulations. The City Attorney explained that this has been a very long and compli- cated issue which has been in litigation for eighteen years. Raplee asked that interested parties be included in communications, to ensure that their questions are answered appropriately. Brubaker pointed out that the City does not have discretion to withhold permits, and if staff determines that the conditions are met, it would not be appropriate for them to delay permit issuance while citizens review it. ADDED ITEM B B. Local Option Bill. (CFN-1309) Shannon McClure, representing Great American Casino, reiterated that she would like the City's help in getting the 2009 Local Option Bill, which would allow the City to zone as they see fit, adopted. ADJOURNMENT The meeting adjourned at 9:10 p.m. (CFN-198) Brenda Jacober, CM City Clerk 8