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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 04/18/1989 Kent, Washington April 18, 1989 Regular meeting of the Kent City Council was called to order at 7 : 00 t: Co unc ilmembers Biteman, Dowell, Present: . m. b Mayor Kelleher. ne ttor p Y Y City Attorney Chow, n and Mann, City Administrator Y nso m r Joh stro House Wick Driscoll, Planning Director Harris, Public Works Director and Finance Director McCarthy. Councilmember White was not in attendance. Also present: Fire Chief Angelo, Police Chiroximatel Frederiksen and Assistant City Administrator Hansen. A p Y 175 people were at the meeting. PRESENTATIONS National Award. Mayor Kelleher introduced Gene Peterson, Director of the Washington Traffic Safety Commission. Mr. Peterson announced that the Kent Drinking Driver Task Force has been awarded the in National Commission Against Drunk Driving Youth Leadership Award and the award was presented to Kathleen Groshong, Christi Houser and Sandy Duncan of the School Board. Poster Awards. The Kent Drinking Driver Countermeasure Program has conducted its fifth annual "Keep A Friend Alive" poster contest. Certificates were presented to fifteen students by Mayor Kelleher, Police Chief Frederiksen, Christi Houser, Kathleen Groshong, Dianne Lewis, Sandy Duncan and Gene Peterson. Appreciation was expressed to Roger Hansen of the Boeing Company for their offer to print the artwork on bookcovers to be distributed to 20, 000 students. Mayor Kelleher expressed the City's appreciation to the entire Task Force and all volunteers connected with this effort. Volunteers Recognition Proclamation. A proclamation was read by Mayor Kelleher expressing appreciation to all of the City' s volunteers, particularly those who serve in the City' s information booth and those who serve the Drinking Driver Task Force. Certificates and flowers were presented to Emma Thurston, Ann Erickson, Jo Carson and Helen Barber. 1 April 18 , 1989 PRESENTATIONS The week of April 16 - 23 was declared to be Volunteer Week in Kent. The following new information booth volunteers were welcomed: Jerry Otto, Robert Vines, Mary Grow and Amelia Albrecht. CONSENT HOUSER MOVED that Consent Calendar Items A through Q CALENDAR be approved except for Item H removed by the Mayor and Items M and N removed by Dowell . Johnson seconded and the motion carried. MINUTES (CONSENT CALENDAR ITEM 3A) _Approval of Minutes. APPROVAL of the minutes of the regular Council meeting of April 4 , 1989, with the following correction to Item 3C on page 17 : Acknowledgement of the contribution TO the Kent Police Crime Prevention Unit of $100 FROM the American Legion to be used in the Drug Abuse Resistance Education Program (DARE) . STREETS LID 327 West Valley Highway Improvements. The public hearing on confirmation of final assessment roll for LID 327 has been continued to this date. LID 327 Copies of Gary Volchok' s evaluations and Public Works Director Wickstrom' s conclusions regarding Assessments 47 and 63 were distributed with the agenda packet and have been made a part of the record. Wickstrom recommends that Assessment No. 63 , owned by Jack Keck not be changed and that Assessment No. 47, owned by WCI Realty be reduced from $92 ,950 . 00 to $41, 678 . 33 for reasons given at the April 4 Council meeting. Mel Kleweno, attorney for Jack Keck, submitted a Memorandum of Authorities and an appraisal of the property prepared by Charles Mattaini, Real Estate Appraiser from Renton. Both were distributed to the Council and have been filed for the record. Kleweno established that Mattaini was qualified as an expert in this field and Mattaini stated that he found that the market value for the Keck property would be the same both before and after the improvements to West Valley Highway. Kleweno noted that the property should not be assessed since there would be no special benefits. He stated that Volchok' s report did not show "before" and "after" figures. 2 April 18 , 1989 STREETS Robert Hines, attorney for WCI Realty stated that he had objected to Assessment No. 47 and had filed a report by an appraiser at the March 21st meeting. LID 327 He further stated that Volchok's information was not really an appraisal . He referred to the six items of improvement listed by Volchok, four of which are already provided. He noted especially that the proposed future traffic signal was not a special benefit to the property but rather a benefit to the public. Hines stated that in order to be valid, special benefits to the property should be immediate benefits and not based upon what might happen in the future. Gary Volchok, of Coldwell Banker, who prepared the report for the City, stated that he was not an MAI Appraiser, but had 20 years of experience in selling land in this area, consisting of 120 different parcels totalling 1400 acres. He noted that his report was based upon whether or not the LID improvements would benefit these two particular parcels, and thus enhance the value of the property. With reference to Assessment No. 47 , he pointed out the assessment amount recommended by Wickstrom, $41, 678 . 33 , is the amount estimated as the cost of improving the portion of West Valley Highway if the owner were to develop the east half of his property. Volchok opined that he would consider therefore that the property would receive special benefits in this amount. Volchok noted that this property shows as industrial property on the Comprehensive Plan and as such would be worth more than under the current Mobile Home Park Zoning. He observed that this would be a fairly inexpensive way to gain improvements to the property with far reaching effects if the zoning should change to industrial use. He estimated that the assessment of $28,565. 00 for this improvement represented special benefits to this property. Upon questions from the Mayor and Council the City Attorney advised: 3 I April 18 19 89 STREETS That it is the burden of the Council to consider and weigh the information supplied by the staff and by the protestors. LID 327 The property owners have the burden of presenting background information supporting their protests. The City's policy which could exempt single family residential property from LIDs would not apply to a mobile home park. The Council cannot consider what the benefits to the property might become in the future if, for instance, the property were to be rezoned at a later date. The public hearing was then closed on MOTION MADE BY MANN, seconded by Biteman. MANN MOVED that in light of testimony received, significant doubt has been raised as to whether or not Assessment Items No. 47 and No. 63 have specific benefits accrued to the properties from the LID improvements and therefore should be excluded from the assessment roll. Biteman seconded. Upon Dowell 's question, Driscoll noted that testimony of an expert appraiser was not required. Dowell asked if others included in the LID might now come forth and object to the assessments. Driscoll explained that this public hearing is the avenue used to protest assessments. Dowell asked about how the costs would be paid if these two items were deleted from the roll, and if the other owners in the LID would have to pick up the costs, without having been so notified. Wickstrom noted that if it became necessary to increase assessments, a supplemental assessment roll would be issued for which proper notification would be given and a public hearing held. JOHNSON MOVED to amend the motion to exclude only Assessment No. 63 . The motion died for lack of a 4 April 18 1989 STREETS second. Mann's motion to delete both Keck's and WCI Realty's assessments then carried, with Dowell and Johnson opposing. (CONSENT CALENDAR ITEM 3M) Canyon Road Improvements. ADOPTION of Ordinance 2844 , authorizing staff to proceed with condemnation proceedings for right-of-way acquisition on parcels for the Canyon Road improvements project. Upon Dowell ' s question, Wickstrom verified that the property involved was on the northeast side from approximately the Keck property to Weiland Street. STREET Union Pacific Realty Street Vacation No. STV-89-2 . VACATION Union Pacific Realty Company has petitioned to vacate a portion of 63rd Avenue South just south of South 212th Street. Proper legal notice has been given by the City Clerk. The public hearing was opened and no comments were made. The public hearing was closed by motion and JOHNSON MOVED to approve Street Vacation No. STV-89-2 with one condition as outlined in the staff report dated 4/13/89 and to direct the City Attorney to prepare the required ordinance upon receipt of the compensation. ANNEXATION (CONSENT CALENDAR 3H) ACTION PLAN REMOVED BY MAYOR KELLEHER 1989 - 1990 Annexation Action Plan. Resolution 1199 has been prepared adopting a priority annexation map. The City Council at their retreat in January directed the staff to develop and implement an Annexation Action Plan by March of this year. At the March 21, 1989 meeting of the Planning Committee, the draft Action Plan was reviewed and recommended for approval. At Mayor Kelleher's request Jim Hansen explained the map of the areas to be considered for future annexation. The Mayor suggested that Areas 3 and 4 be changed so as not to include the South 277th area. He noted that widening of South 277th would be costly and at present the State and King County would be participating in the cost. If the street was a part of the city, Kent would be responsible for the 5 April 18, 1989 ANNEXATION entire cost. He asked that the Council amend the ACTION PLAN plan and the map so as not to include South 277th and to refer Areas 3 and 4 to the Planning Committee for further review. BITEMAN MOVED to adopt Resolution 1199 with the requested amendment. Johnson seconded and the motion carried. EAST VALLEY East Valley Zoning Implementation No. CPZ-88-1. ZONING This proposal stems from the East Valley Amendments IMPLEMENTATION to the Valley Floor Plan adopted by Council June, 1988 and includes three recommended actions: 1. A text amendment of the zoning code creating a new zoning designation "Gateway Commercial" ; 2 . Application of the new Gateway Commercial Zone to an area bordering the East Valley Highway; 3 . Application of an "Office Zone" designation to an area bordering the SR 167/South 212th Street interchange. Ken Astrein of the Planning Department explained the proposal . WOODS MOVED to approve the East Valley Zoning Implementation No. CPZ-88-1, including a zoning code text amendment and application of zoning as recommended by the Planning Commission and approved by the Planning Committee at today's meeting and to direct the City Attorney to prepare the necessary ordinances. Biteman seconded and the motion carried. COMMUNITY 1990 Community Development Block Grant (CDBG) DEVELOPMENT Program Policies and Funding. A public hearing has BLOCK GRANT been scheduled for the Council to consider the action required to receive the 1990 Community Development Block Grant Funds. The public hearing was declared open by Mayor Kelleher. Lin Ball of the Planning Department explained that the funds estimated for Kent for 1990 total $168, 141. 00 and that the Planning Committee 6 April 18 , 1989 COMMUNITY recommended that the following action be taken by DEVELOPMENT the Council: BLOCK GRANT 1. Adoption of 1990 CDBG local program policies. 2 . Elect to receive "pass through" funds. 3 . Allocate 15 percent of funds for public (human) services. 4 . Allocate 6 percent of funds for planning and administration. There were no comments from the audience and the hearing was closed, by motion. WOODS MOVED to approve the four items as requested and Houser seconded. BITEMAN MOVED that Item No. 3 be delayed until discussion of the Human Services item to be undertaken later in the meeting. The motion failed for lack of a second. Woods' motion then carried. ZONING CODE (CONSENT CALENDAR ITEM 3E) AMENDMENT Ordinance. ADOPTION of Ordinance 2843 amending the Zoning Code, allowing meat and seafood products processing (without rendering) , packaging and freezing as principally permitted uses in the M2 (limited industrial) and M3 (general industrial) zoning districts, as approved by the Council on April 4 , 1989. COMPREHENSIVE Central Business District (Downtown) Plan Update. PLAN The Downtown Plan is an element of the City's Comprehensive Plan and would rename and replace the Downtown existing Central Business District (CBD) Plan. The Plan Planning Commission held a number of public hearings on this proposed plan and recommended it to the City Council on March 27 , 1989 . Fred Satterstrom of the Planning Department noted that hearings before the Planning Commission had lasted for one year and citizen groups, including the Mayor's Downtown Revitalization Task Force, had contributed information and ideas. The new plan expands the downtown area beyond the CBD boundaries, considers the role of manufacturing in the downtown area, expands the flexibility and use provisions to allow mixed use, and provides for implementation of annual review of the plan. Satterstrom expressed 7 April 18, 1989 COMPREHENSIVE appreciation to all those who had worked on this PLAN plan. Upon Dowell ' s question, he noted that although the Meeker Street area has some vacant Downtown stores, there is growth, primarily to the north and Plan to the east. Dee Eklund stated that the Chamber of Commerce extends compliments to the City staff for objectively considering the views presented by the different groups. Woods, as chairperson of the Downtown Revitalization Task Force, submitted a letter describing the Force's recommendation regarding the role of manufacturing, and recommending that the Council approve the proposed Downtown Plan as submitted. The letter was filed as a part of the record. WOODS MOVED to adopt the Downtown Plan update as recommended by the Planning Commission and to direct the City Attorney to prepare the necessary resolution and to direct the City staff to implement the plan. Mann seconded; then Johnson read from the Plan under Land Use Goals and Policies, at the top of page 2 as follows: "Construct a pedestrian underpass or overpass at Meeker Street between Railroad Avenue South and First Avenue South adjacent to the Burlington Northern Railroad Depot. " and MOVED to add an amendment to the beginning of the sentence: "Examine the feasibility of constructing. . . . " This was accepted as a friendly amendment and Woods and Mann agreed to incorporate it into the motion. The motion then carried. HUMAN SERVICES Funding. The Human Services Commission and the City FUNDING Planning Committee have recommended that the City establish a predictable funding base for human services consisting of one percent of the current year's General Revenue Budget. Minutes of the Human Services Commission and of the Planning Committee were distributed with the packet along with a memo from Lin Ball of the Planning Department. Ms. Ball gave the background information, noting that the Commission had been working on this in order to have funds to more adequately meet the needs of the community. 8 April 18, 1989 HUMAN SERVICES Letters supporting the 1% funding proposal have been FUNDING received and filed for the record from: Children' s Therapy Center, United Methodist Church, King County Rape Relief, Covington Community Church, South King County Council of Human Services, First Baptist Church, United Way, Kent Ministerial Association, Christian Church of Kent, Community Service Center and DAWN. Dee Moschel noted that letters from the Soroptimist Club and from the Community Health Center were also sent to the Council. Marvin Eckfeldt noted that the Commission was formed in 1986 with funding in 1987 of $90, 500. 00 for five agencies, in 1988 $109 , 500. 00 for 6 agencies and in 1989 $117,700. 00 for 6 agencies. He pointed out that only half of the requests were currently being funded. Other cities have funded human services needs by direct budget allocation, by allocation of sales tax funds or on a per capita basis. Reverend Eckfeldt pointed out that based on the current year' s revenue budget the Human Services budget would be increased from $117,700. 00 to $231, 800. 00 the first year. Increases for the following years would be considerably less. Future needs and appreciation for past support were expressed by representatives of the following: Kent Community Clinic, Catholic Community Services, Childen's Therapy Center and the Kent School District. Dee Eklund noted that the Chamber of Commerce has not taken a position on this issue but had expressed some concern at specifying 1%. Dee Moschel explained that the 4 .4% of the total general fund expenditures shown in the current budget as human services include services mandated by law and include also Parks programs: Senior Center, Special Populations and Adult Day Care. She noted that in 1988, $90,568 . 00 was allocated for Human Services, only 47% of the requests made for funding. The 1989 figure of $117,750 . 00 was only 57% of the amount requested. 9 April 18, 1989 HUMAN SERVICES WOODS MOVED to direct the City Attorney to prepare a FUNDING resolution establishing a Human Services funding level of 1% of the current year general fund revenue budget. The funds would be used specifically for direct services to City of Kent residents according to the criteria set forth in the report of the Human Services Study Committee on human services policies, adopted by the City Council in August, 1986. Mann seconded. Houser noted that all favored increasing the funds for Human Services but that the question was whether this was the way to do it. It was determined that the budget included no funds for staff support, and that the Commissioners served without pay. Mann noted that the City appreciated the service of the Commissioners and that he supported the recommendation. It was determined that the Council would still allocate the funds to the agencies with recommendations coming from the Commission. Biteman noted that City government funds were seldom allocated to cover all of the requests for individual departments, capital projects, etc. Biteman questioned the allocation of a firm 1% noting that the City funds were not generally distributed in this manner. He commented that agencies would come to depend upon the funds and that they may not be forthcoming in lean years. Woods noted that the Commission had given assurance that the process through which allocations were made would be overseen diligently and that the Councilmembers would have to make the decisions each year. Biteman noted he favored the program but the problem was the dedicated 1%. Mann noted that Kent was a leader in many fields and was already a leader in Human Services. He favored supporting the 1% funding level . Dowell opined that this proposal is inflexible and probably fiscally irresponsible. He suggested that a dollar amount be applied and noted that he would favor increasing the Human Services budget in the amount of 10% for inflation, 10% for population 10 April 18, 1989 HUMAN SERVICES increase and 10% for growth of the program FUNDING improvements. Upon a roll call vote, Johnson, Mann and Woods voted in favor, and Houser, Biteman and Dowell voted against, resulting in a tie. Mayor Kelleher then voted in favor and the motion carried. SOLID WASTE Solid Waste Disposal Rates. King County is currently collecting a surcharge on the garbage dumping fee for an energy resource recovery fund. However, the County has determined not to construct such a facility. Resolution 1201 has been prepared calling for the County to cease collecting the money and return it to the City. BITEMAN MOVED to adopt Resolution 1201. Houser seconded and the motion carried. DISABILITY (CONSENT CALENDAR ITEM 3P) BOARD Disability Board Appointment. CONFIRMATION of the Mayor's appointment of Berne Biteman to replace Jon Johnson as one of the City Council representatives on the LEOFF Disability Board. This term will expire 12-31-90. PARKS AND (CONSENT CALENDAR ITEM 3N) RECREATION REMOVED BY COUNCILMEMBER DOWELL Downtown Mural Project. APPROVAL is requested for a plan to commission Kent artist, Danny Pierce, to create an oil painting dealing with Kent history which will then be painted as a mural on the east wall of the Titusville Station Building (facing First Avenue) , at a cost of $4 , 000. 00. The painting will be the property of the City of Kent. The Titusville Station wall owners will sign a five-year lease agreement not to remove or destroy the mural. Upon Dowell 's question, Patrice Thorell explained that the average life of a mural was five years and that the City Art Program provided for acquisition of both permanent and temporary artwork. It was determined that we could ask the property owners to extend the time. DOWELL THEN MOVED to approve the plan. Biteman seconded and the motion carried. 11 I April 18, 1989 POLICE (CONSENT CALENDAR ITEM 3J) Internal Affairs Coordinator. AUTHORIZATION to create a new position, Internal Affairs Coordinator, within the Police Department to be filled by Detective Chuck Miller and authorization for a mid- year adjustment to the Police Department's budget authorizing the hire of one additional police officer to fill the vacancy that would be caused by Detective Miller's transfer. This proposal has been reviewed by and is supported by Mayor Kelleher. (CONSENT CALENDAR ITEM 3K) Police Discipline Seminar. AUTHORIZATION for the Police Department to be reimbursed $956. 00 from the City' s contingency fund. These funds will be expended to enable Officer Mike Painter, President of the Kent Police Union, to attend the Police Discipline Seminar in San Francisco, California from April 8 , 1989 to April 12, 1989 with Chief Frederiksen, Capt. Jim Miller, and Detective Chuck Miller. This request has been reviewed and is supported by Mayor Kelleher. (CONSENT CALENDAR ITEM 3L) Modification to Article IV of the U.S. Marshal 's Contract. AUTHORIZATION for the Mayor to sign the modification to Article IV of the U.S . Marshal 's contract with the City of Kent Corrections Facility, dealing with contract termination notice. FIRE (CONSENT CALENDAR ITEM 3F) Inspection Contract between King County and City of Kent. AUTHORIZATION for the Mayor to sign the Interlocal Agreement between King County and the King Co. City of Kent regarding the annual fire inspection Contract program within the boundaries of Fire District 37. The contract provides for an inspection program which will improve safety within the Fire District. The document has been reviewed and approved by the City Attorney. (CONSENT CALENDAR ITEM 3Q) Surplus of Two Shipping Containers. APPROVAL for the Fire Department to declare as surplus two (2) 8 x 36 shipping containers and to offer same for sale. 12 i April 18, 1989 FIRE Audio Visual Equipment for the North End Fire Station. There was only one (1) bidder who bid the full package as requested; however, this bidder BIDS substituted equipment other than requested, and upon their request, BITE MAN MOVED to all ow the Fire Department to reject all bids on audio visual equipment and to incorporate this item with the future audio visual equipment bids. Houser seconded and the motion carried. (CONSENT CALENDAR ITEM 3C) Actuarial Valuation on the Firemen's Pension Fund. ACCEPTANCE of proposal to perform an actuarial evaluation of the Firemen's Pension Fund by Milliman and Robertson, Inc. , consulting actuaries. The last actuarial valuation of the Firemen's Pension Fund was April 30, 1986. In the past it has been generally appropriate to wait five years between evaluations, but due to changes required by the Government Accounting Standards Board (GASB) more frequent evaluations are now necessary. Milliman and Robertson, Inc. , a Seattle company, has been doing the Firemen' s Pension Fund valuations for Kent and around the State of Washington since LEOFF was established in 1970. Evaluation includes an update in one year. PERSONNEL (CONSENT CALENDAR ITEM 3G) Golf Complex Personnel - Cashiering Position. AUTHORIZATION to hire four full-time cashiers at the new Riverbend Golf Course, as approved by the Parks and Operations Committees. (CONSENT CALENDAR ITEM 3I) Reclassification in Police and Fire Departments. AUTHORIZATION for the reclassifications in the Police and Fire Departments as shown in the Personnel Director' s memo of April 18, 1989 . The effective date of these reclassifications shall be April 1, 1989 . FINANCE (CONSENT CALENDAR 3B) Approval of Bills. APPROVAL of payment of the bills received through April 24 , 1989 after auditing by 13 April 18 , 1989 FINANCE the Operations Committee at its meeting at 2 : 00 p.m. on May 1, 1989. Approval of checks issued for vouchers: Date Check Numbers Amount 3/30 - 4/12 78397 - 78429 364,564.58 4/12/89 78430 - 78866 814,809.10 1,179,373.68 Approval of checks issued for payroll: Date Check Numbers Amount 4/5/89 117423 - 118077 692,879.33 EN CALENDAR ITEM 30 (CONSENT ) Resolution for Credit Card Use. ADOPTION of Resolution 1200, authorizing the use of credit cards for official City travel as approved at the March 1 Council meeting. (CONSENT CALENDAR ITEM 3D) Detectors in th e Heating and Air Upgrade of Smoke D g Conditioning System. AUTHORIZATION to utilize $5, 000 in the 1989 budget for new upgraded smoke detectors in the heating and air conditioning system instead of using the funds for flag poles. REPORTS Public Works Committee. Johnson noted that the committee will meet on Tuesday, April 25th, at 4 : 00 p.m. in the Engineer' s Building. Parks Committee. Dowell noted that the committee will meet on Wednesday, April 26th, at 4 : 00 p.m. 14 April 18, 1989 EXECUTIVE At 10: 10 p.m. , City Administrator Chow requested an SESSION executive session of approximately ten minutes to real estate acquisition discuss r and a personnel matter. ADJOURNMENT The Council reconvened at 10:25 p.m. and then adjourned. Marie Je n, CMC City Clerk 15