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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 09/20/1988 Kent, Washington September 20, 1988 Regular meeting of the Kent Cy Co uncil ouncil was called to order at 7: 00 p.m. by Mayor Kelleher. Present: Councilmembers Biteman, Dowell, Houser, Johnson, Mann, White and Woods, City Administrator McFall, City Attorney Driscoll, Planning Director Harris and Public Works Director Wickstrom. Also present: Fire Chief Angelo. Approximately 50 people were at the meeting. CONSENT CALENDAR WHITE MOVED that Consent Calendar Items A through J be approved. Biteman seconded and the motion carried. MINUTES (CONSENT CALENDAR ITEM 3A) Approval of Minutes. APPROVAL of the minutes of the regular Council meeting of September 6 , 1988. WATER (CONSENT CALENDAR ITEM 3J) Joint Reservoir Control Board. AUTHORIZATION for the Director of Public Works to be appointed as City representative to the Control Board regarding the operation of the jointly owned (Kent and Water District 111 ) water reservoir at 124th Avenue and approximately 28600 block. STORM DRAINAGE (CONSENT CALENDAR ITEM 3F) East Smith Street/East Walnut Storm Improvement. ACCEPT as complete the contract with Site-Con, Inc. for the East Smith/East Walnut storm improvements and release of retainage after receipt of the required releases from the State. DRAINAGE Upper Mill Creek Detention Basin. Bids were opened on September 14 with two bids received. The low bid submitted by Volker Stevin Pacific was for $713 , 460, which was 26 percent over the engineer ' s estimate. The Public Works Director recommends that the bids be rejected and that the project be readvertised. JOHNSON SO MOVED. Houser seconded and the motion carried. STREETS (CONSENT CALENDAR ITEM 3E) LID 320 - West James Street. ACCEPT as complete the contract with Robison Construction, Inc. for the West James Street improvements and release of retainage after receipt of the required releases from the State. TRAFFIC CONTROL (CONSENT CALENDAR ITEM 3D) Exxon Oil Rebate. AUTHORIZATION for the Mayor to execute Exxon Oil rebate agreement which gives the City a $67, 500 grant for upgrading and incorpora- ting the State signals on SR516 (Willis Street) . September 20 , 1988 TRAFFIC CONTROL from West Valley Highway to Fourth Avenue into the City' s computerized signal central system, as approved by the Public Works Committee. (CONSENT CALENDAR ITEM 3G) Fourth Avenue Signalization. ACCEPT as complete the contract with UDL, Inc. for the Fourth Avenue and S. 228th and Fourth Avenue and James Street signalization and release of retainage after receipt of the required releases from the State. Fourth Avenue Issues. Jim Lambkee, 930 4th Avenue North, noted that the vacant lot on 4th Avenue is being used as a dump and asked that it be blocked off. He noted that 1st, 2nd and 3rd Avenues are barricaded, and that 4th Avenue should be also. La.nbkee noted that there are no street lights, and that the speed limit should be lowered from 40 mph to 30 mph. He said that he has recently been in an accident on 4th Avenue and that he has been the victim of theft. Biteman noted that he had visited the area and agreed with Lambkee. Biteman also noted that Public Works personnel would visit the area this week. He agreed that the 40 mph speed limit should be reduced. Planning Director Harris noted for Dowell that the area is zoned MRG north of James. White suggested that this be referred to the Public Works and Public Safety Committees and that Lambkee be notified as to when this would be discussed. SIDEWALKS Neighborhood Pedestrian Improvements. Five bids were opened on September 15 for the neighborhood pedestrian improvement south of Willis Street. The two lowest bids were foun3 to be non-responsive and the Public Works Director therefore recommends that all bids be rejected and for a new call for bids to be authorized. JOHNSON MOVED to reject all bids and to readvertise for the project. Woods seconded and the motion carried. SURPLUS PROPERTY 106th Avenue S.E. This date has been set for a public hearing on the sale of a house at 26801 106th Avenue S.E. , which has been declared surplus to the City' s needs. The Mayor declared the hear- ing open. Upon a question from the audience, Wickstrom noted that the property would be sold through the bid process. BITEMAN MOVED to close the public hearing and Johnson seconded. The motion carried. JOHNSON MOVED that the property 2 - September 20, 1988 SURPLUS PROPERTY declared as surplus be offered for sale to the highest bidder for the value of the property as determined by the Property Manager, plus admini- strative costs . Biteman seconded. Motion carried. PUBLIC/PRIVATE (CONSENT CALENDAR ITEM 3H) OFFICE BUILDING Public/Private office Building Project Agreements. , AUTHORIZATION for the City Administrator to nego- tiate on behalf of the Cityj agreements with Sound Ventures, Inc. for the sale of City-owned property associated with the development of a new office building in downtown Kent. Further, the City Admini- strator is authorized to negotiate a lease agree- ment with Sound Ventures, Inc. for office space in the new building to be developed. All agreements negotiated by the City Administrator with respect to this project are subject to final approval by City Council. SOLID WASTE WUTC - Waste Collection. It has been requested that authorization be given to direct the City Administrator to write a letter to the Washington Utilities and Transportation Commission indicating that the City of Kent prefers that two companies, both of which are presently operating under tem- porary certificates, be authorized to provide waste collection service throughout the City of Kent on a permanent basis. Such action on behalf of WUTC would permit the current method of providing waste collection service to continue in the City of Kent. A draft letter has been distributed with the agenda materials. McFall noted that the administrative law judges had conducted a hearing for the WUTC with respect to certification of territories for the two applicant companies and have made a pro- posed ruling, recommending to the WUTC that the area of the city be split between the two companies. ) A map was displayed showing the proposal , with Kent Disposal serving downtown, Scenic Hill and the lower part of EAst Hill, and Tri-Star serving the rest of the City. McFall noted that this item comes to the Council from the Public Works Committee without a recommendation. The letter suggests that the status quo be preserved, under which both companies operate throughout the city. McFall noted that it was not known whether the W'JTC would consider the contents of the letter. Upon questions from White and Woods, City Attorney Driscoll stated that it is likely that it would be - 3 - September 20 , 1988 SOLID WASTE necessary for the City to intervene in the proceed- ings in order to have the letter considered, but the letter would not commit the City to such inter- vention. Biteman noted that the WUTC should be aware of the City' s feeling regarding the proposal to divide the city between the two haulers. It was determined by McFall that the proposal for the letter came from Kent Disposal. BITEMAN MOVED to direct the City Administrator to send such a letter and Johnson seconded. White noted that the City had decided to not endorse or support any of the haulers and it would appear that this letter would support two haulers . He suggested that the City should let the WUTC do its work, since the City had opted to go out of the garbage business. Johnson opined that the letter would give the City ' s support to the situation as it exists, allowing the citizens to choose either of the two companies. If the WUTC grants a franchise to one company only, the City will have to live with that decision. Dowell noted that the City sent a letter to the WUTC on July 13 , 1987 encouraging favorable consid- eration of the franchise application of Kent Dis- posal. Subsequently, on July 21 the Council unani- mously adopted Resolution 1141 which stated that the City did not favor any of the three haulers , all of which had applied for certification. Dowell objected to the Council appearing to now change its "hands off" policy as far as the WUTC is concerned. Biteman stated that he agreed with Dowell but that we should let the WUTC know that we are happy with the existing situation with two haulers serving the city. Dowell pointed out that the WUTC had held hearings for over a year which included testi- mony from Councilmembers and the City Administrator. Jack Davis, attorney for Tri-Star, opposed the letter, stating that it would be considered as opposition to his client. The City of Kent is not a party to this contested proceeding before the WUTC. The administrative judges have issued a pro- posed order, which is now before the commission under administrative appeal and exceptions are now being filed. He stated that input from the City will not be evidence in that proceeding. Resolu- tion 1141 stating the City' s "no position" is part of the record, as is McFall ' s testimony stating that the City was taking no position for either of th,a applicants. Davis stated that the WUTC has issued an order denying the Rabanco application 4 - I September 20, 1988 SOLID WASTE based on Rabanco having not established that they had obeyed the laws applicable to carriers and that they had not established their financial fitness. He suggested that issuance of this letter would be an attempt to persuade the commission. If the City desires to intervene, an official petition should be filed to become a party to the proceedings. Upon Johnson ' s question, Davis stated that he opposes the letter inasmuch as all of the evi- dence has been concluded and closed and the City should not now be taking a position. He concluded that since Tri-Star does not need such support, that the letter is, therefore, in support of Kent Disposal. Jerry Graham of Tri-Star explained that the map showing the 1957 boundaries of the City was used by the commission and showed that the 1957 area would remain in the authority of Kent Disposal and the area annexed after 1957 would be granted to Tri-Star. He stated further that Tri-Star had applied for transfer of authority to give service inside the old core area and if granted, Tri-Star would overlap the Kent Disposal core area. Biteman clarified for Dowell that the recycling program was a separate item and not included in this consideration, and it was clarified that the letter had no reference to recycling. Gary Ewing of Kent Disposal pointed out that an appeal has been filed with 22 exceptions taken to the admini- strative law judges hearing. He noted that the City had expressed the desire to have competition which is what they now have. Dowell referred to the City' s July 13 , 1987 letter supporting Kent Disposal ' s application, and suggested that sending the letter proposed tonight could be considered as interference at this point. Ewing noted that at prsent both companies were covering the city with- out complaints about service. He stated that the map under consideration by the WUTC would reverse some of the areas now served by Tri-Star and by Kent Disposal. He considered that the letter would be in keeping with Kent ' s wish to stay neutral. He noted that the City must be concerned with the best service for the area and stated that Kent Dis- posal had no problem with working with Tri-Star. 5 - September 20, 1988 SOLID WASTE There were no further comments and upon Mayor Kelleher ' s question, Driscoll noted any communica- tion made would be an exparte communication which was not illegal and the City may send such a letter to the WUTC. The question is whether or not the commission can, or will consider the letter. It is likely that the City would have to intervene in the proceedings for the commission to consider the letter and it may be too late for such interven- tion. Biteman' s motion to send the letter resulted in a tie vote, with Biteman, Johnson and Mann vot- ing in favor, Dowell, White and Woods voting against and Houser abstaining. It having been established by the City Attorney that he had authori y to vote in this instance, Mayor Kelleher then voted in favor of the motion and the motion carried. REZONE Riverbend Golf Course Rezone No. RZ-88-3. On August 31 , 1988, the H-caring Examiner recommended conditional approval of a request by the Kent Parks Department Riverbend Golf Course to rezone approx- imately 2. 4 acres from RA, Residential Agricultural, to GC, General Commercial. The property is located on Russell Road approximately 350 feet north of Meeker Street. Fred Satterstrom of the Planning Department pointed out the property location on the map and noted that the southern portion is already zoned GC. McFall noted that the rezone will consolidate the zoning on the entire, five acre tract to allow for commercial development. WOODS MOVED to adopt the findings of the Hearing Examiner and to concur with the Hearing Examiner ' s recommendation of approval with one condition and to direct the City Attorney to prepare the required ordinance. Biteman seconded and the motion carried. HOUSING AND COM- Housing and Community Development Block Grant - 1989 MUNITY DEVELOPMENT Program. This public hearing will consider adoption of the 1989 Housing and Community Development Block Grant Program. Lin Ball of the Planning Department noted that the program for 1989 is a two-level program consisting of base level funding and higher level funding as follows. The higher level funding is dependant on the final federal entitlement budget and the Program has been reviewed by the Planning Committee. ) She presented the following proposal: 6 - September 20, 1988 HOUSING AND COI- CITY OF KENT 1989 HOUSING AND COMMUNITY MUNITY DEVELOPMENT DEVELOPMENT BLOCK GRANT PROGRAM AS RECOMMENDED BY THE COUNCIL PLANNING COMMITTEE ESTIMATED AMOUNT OF AVAILABLE FUNDS: $215,007/$227,94 LIMITS ON EXPENDITURES FOR ADMINISTRATION AND HUMAN SERVICES: 1989 Human Services Ceiling $ 25,500 1989 Planning and Administration Ceiling $ 10,200 Project Type Recommended Recommended "Base Level" "Higher Leval" Funding Funding 1. Program Planning & Admin $ 10,200 $ 10,200 Administration 2. Housing Repair Housing $111,882 $113,170 Service Program Rehab 3. North Park Tot Lot Rehab $ 24,275 $ 24,275 Rehabilitation 4. Special Populations Rehab $ 6,640 $ 6,640 Resource Center Handicap Accessibility 5. South King County Acquisition $ 10,510 $ 20,820 Multi-Service Center Transitional Housing 6. Kent/Renton Joint Rental Housing Rehab $ 10,000 $ 10,000. Housing Rehabilitation 7. Kaibara Park Phase III Public $ 10,000 $ 10,000 8. Kent Para-Transit Human Svc $ 3,650 $ 3,650 (Van-Go) 9. Kent Single-Parent Human Svc $ 2,770 $ 2,770 Employment & Education 10. Kent Community Human Svc $ 12,450 $ 12,450 Health Services 11. DAWN Human Svc $ 6,630 $ 7,973 12. BN Railroad Depot Design Historic Pres. $ 6,000 $ 6,000 $215,007 $227,948 Mayor Kelleher declared the public hearing open. Viola Keith, 6911 S. 129th Place, Seattle, Presi- dent of Kent Soroptomist Club, thanked the Human Services Commission and Council for considering funding for the Single Parent Program. The pro- gram provides education and job opportunities to Kent women. Dee Moschel, 448 Alpine Way, President of the Board of Directors for the Community Health Centers of King County, stated that they appreciate 7 - i September 20, 1988 HOUSING AND COM- the funding given to them in the past, which helped MUNITY DEVELOPMENT them move into their own building. She noted that the Center had had 400 additional visits in the first six months of 1988, and that they are serv- ing Kent ' s interests well. Sharon Atkin, 30901 E. Lake Morton Drive S.E. , of the South King County Multi-Service Center, noted that they provide rent assistance, gas, emergency food, energy assistance, emergency housing and transitional housing. She requested help in leasing transitional housing units , where people could stay for as long as three months, noting that emergency housing is only for two weeks. She asked for two years funding for two units in Kent which would be coordinated with their emergency housing as well as YWCA emergency housing units. Don Anderson, Director of Van-Go for the South King County Multi-Service Center, thanked the Council for their support the last three years. He noted that the Van-Go program transports people to the senior center three days a week and pays the drivers salaries. They also provide trans- portation to medical appointments and they drive developmentally disabled adults to the work site at the Kent Activity Center. He added that they have recently been awarded dial-a-ride service within the city limits of Kent five days a week, which is available to the general public. There were no further comments from the audience and BITEMAN MOVED that the hearing be closed. Mann seconded and the motion carried. WOODS MOVED to approve the 1989 Housing and Community Development Block Grant Program as presented. Biteman seconded. Motion carried. SHORELINE PERMIT Signature Pointe Shoreline Substantial Development Permit No. SMA-88-4. On September 6, 1988, the City Council closed the public hearing and tabled the appeal by Triad Development of the Hearing Examiner ' s conditional approval of Signature Pointe Shoreline Substantial Development Permit No. SMA- 88 -4. The appeal relates to Condition No. 2, specifying a revised site plan to provide more than one ingress and egress point to the project. The property is located on 64th Avenue South, south of Meeker Street at SR516. The Mayor noted that the motion is being removed from the table. The City Clerk read the motion as follows : JOHNSON MOVED to modify the findings of the Hearing Examiner to disagree and to delete Con- - 8 - September 20, 1988 SHORELINE PERMIT dition No. 2 . Biteman seconded. Upon Woods ' question about Condition No. 2, requiring more than one ingress and egress, City Attorney Driscoll stated that since the proposed condition does not relate to the shoreline permit, the recommendation exceeds the Hearing Examiner ' s authority. The motion then carried unanimously. MANN MOVED that the City Attorney, the Planning Committee and the Public Safety Committee research initiating an ordinance addressing the need for more than one ingress and egress point of entrance for such future developments. Johnson seconded and the motion carried. ZONING CODE (CONSENT CALENDAR ITEM 3C) AMENDMENT Zoning Code Amendment - M1 and M2 Zones. ADOPTION of Ordinance 2803 establishing gymnastic schools or similar uses as permitted uses in M1 and M2 zoning districts and establishing health and fitness clubs and facilities as permitted uses in the M2 district. ZONING - EAST Request for Review of Zoning. At the September 6, HILL ANNEXATION 1988 Council meeting, William Carey submitted a AREA C petition requesting that the Council review its action of March 1 , 1988 in establishing the zoning for Area C of the East Hill Well Annexation No. 2 . Comments were heard and in accordance with Council direction, a response was made, in the form of a letter from City Administrator McFall, mailed to all property owners in Area C and to all who had signed petitions on this subject. The letter has been made a part of the record. William Carey distributed copies of a letter dated September 19, 1988 and then read it into the record, responding to McFall ' s letter. Referring to Ordi- nance 2469 Carey opined that the Council ' s decision on zoning was based on invalid and erroneous recom- mendations. He questioned the City' s interpreta- tion that the Comprehensive Plan is merely a guide, and opined that it was the basis for all zoning decisions. He stated that the Plan is considered by many as a statement of the City' s intent regard- ing future development. An attachment to Carey ' s letter, entitled "Closing Remarks" was filed with the Clerk. Copies were made and distributed to the Council later. Carey read from the summary stating in part, that the Council had not followed City rules in making this zoning decision and that such action should be rescinded. September 20, 1988 ZONING - EAST Myron Vigoren stated that before the area was HILL ANNEXATION annexed the residents were told by the City that AREA C zoning would be in accordance with the Comprehen- sive Plan. He stated that the property rights of the property owners had been disregarded by the City in zoning this property. Leona Orr stated that half of those signing Carey ' s petition did not live within Area C and of the 132 owners in Area C only 45 had signed Carey' s petition. She commented that the residential zoning would pre- serve the area as rural. Charles Spurgeon agreed with Carey and Vigoren and noted that owners in this area had to agree to not oppose annexation in order to have City water made available to them. Jim Orr stated that these comments should have been made at the public hearing before the Hearing Exam- iner a year ago, when those opposing multi-family zoning gave testimony. McFall noted that his letter of September 16, 1988 to the property owners and petitioners stated that there was no provision in the City Code covering rescission of any action taken by the City Council ; other than that an action could be rescinded at the same meeting such action was taken. He noted further that there was a 20-day appeal period but that no such appeal was filed. The option is for the property owners to apply for a rezone. Dowell and Mann expressed concern over the legal points raised by Carey and asked how best the Coun- cilmembers could have their concerns addressed by the City. DOWELL ?MOVED to consider Carey' s legal allegations at a workshop session. Biteman seconded. City Attorney Driscoll noted that Carey has threatened litigation and suggested therefore that discussion of the specifics of this particular item be held in executive session. She noted that general ques- tions on issues of this nature relating to zoning could be properly discussed at a workshop session. This was acceptable to all and Dowell withdrew his motion. White stated he would schedule a workshop to discuss planning and zoning and Later set this item for the September 27 workshop. No further comments were made and no action was taken on Carey ' s request to rescind the zoning action taken on March 1 , 1988. 10 - September 20, 1988 FINANCE (CONSENT CALENDAR ITEM 3I ) Supplemental Budget Appropriation. APPROPRIATE $500 to be used to pay a portion of air fare and/or lodg- ing expenses for Officer Harry Hansen to attend the International Public Safety Olympics. Officer Harry Hansen has qualified to compete in the Inter- national Public Safety Olympics in Australia in October, 1988. Officer Hansen earned this honor through his successful competition in the National Public Safety Olympics wherein he earned six gold medals and two silver medals in swimming events. (CONSENT CALENDAR ITEM 3B) Approval of Bills. APPROVAL of payment of the bills received through September 22, after auditing by the Operations Committee at its meeting at 8: 30 a.m. on September 30, 1988. Approval of checks issued for vouchers: Date Check Numbers Amount 8/11-8/16 63620-63631 8/17-8/19 63963-63988 8/22-8/25 64106-64124 $244,190.04 8/31 64149-64634 565,374.82 $809.564.86 Approval of checks issued for payroll: Date Check Numbers Amount 9/02/88 108652-109258 $638,019.75 REPORTS Council President. Council President White announce that there will be a workshop on September 27 at 7:00 . Items to be discussed are a review of the artist ' s selection for the Council Chambers fibre art pro- ject, a review of the slide presentation developed for the Parks & Recreation Gold Medal Award, a report on the Human Services Roundtable and a discussion on zoning issues and related items. White presented a resolution for consideration regarding executive sessions, providing that any alteration to the Council ' s directions regarding matters considered during executive sessions shall be brought before the Council for reconsideration prior to any change. Upon Biteman ' s question, City Attorney Driscoll noted that the information dis- cussed during executive sessions is confidential - 11 - September 20, 1988 REPORTS and is intended to remain private for the moment. Biteman suggested incorporating the confidentiality issue into the resolution. White asked that the City Attorney rework the resolution, including input from Councilmembers, for the next Council meeting. Public Works Committee. Johnson noted that the Public Works Committee would meet on September 27 at 4: 00 p.m. in the Engineering Conference Room. Planning Committee. Planning Director Harris announced that there will be a meeting on the hous- ing study regarding the 20% reduction resolution at 7: 00 p.m. on September 28 in the Council Chambers He noted that the public is invited for citizen input. ADJOURNMENT The meeting was adjourned at 9: 15 p.m. Marie Je se , CMC City Cler 12 -