HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 09/19/1989 Kent, Washington
September 19, 1989
Regular meeting of the Kent City Council was called to order at 7: 00
p.m. by Mayor Kelleher. Present: Councilmembers Dowell, Houser,
Johnson, Mann, White and Woods, City Administrator Chow, City Attorney
Driscoll, Planning Director Harris, Public Works Director Wickstrom
and Finance Director McCarthy. Also present: Fire Chief Angelo,
Assistant City Administrator Hansen, Information Services Director
Spang and Personnel Director Webby. Councilmember Biteman has been
excused through November. Police Chief Frederiksen and Parks Director
Wilson were not in attendance. Approximately 35 people were in
attendance.
PUBLIC (PUBLIC COMMUNICATIONS - ITEM 1A)
COMMUNICATIONS Proclamation - Walk for Health Week. Mayor Kelleher
proclaimed September 30th as Walk for Health Week in
Kent and urged the citizens to join in a walk to be
held that day beginning at Russell Road Park anytime
between 8 : 30 a.m. and 11: 00 a.m. Gladys Button,
Director of Health Services for Kent School District
accepted the proclamation.
Planning Commission. Linda Martinez, Chair of the
Planning Commission, noted that the Commission would
hold its first annual retreat at the Battelle Center
in Seattle on Saturday, October 7th, and invited the
Council and Mayor to attend a social time at 3 : 00
p.m.
CONSENT WHITE MOVED that Consent Calendar Items A through
CALENDAR N be approved. Houser seconded and the motion
carried.
MINUTES (CONSENT CALENDAR - ITEM 3A)
Approval of Minutes. APPROVAL of the minutes of the
regular Council meeting of September 5, 1989 with
the following correction: the list of those present
should include Information Services Director Ron
Spang.
Approval of the minutes of the special meeting of
August 22 , 1989.
SEWERS (CONSENT CALENDAR - ITEM 3H)
Walnut Park Apartments. ACCEPTANCE for continuous
operation and maintenance, the bill of sale and
warranty agreement for approximately 2,930 feet of
water main extension, 1, 826 feet of sanitary sewer
extension and 450 feet of storm sewer improvements
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September 19, 1989
SEWERS constructed in the vicinity of S.E. 248th Street and
111th Ave. S.E. for the Walnut Park Apartments and
release of the cash bond after expiration of the one
year maintenance period.
HEALTH AND (PUBLIC HEARINGS - ITEM 2A)
SANITATION LID 334 Derbyshire No. 7 Sanitary Sewer. The public
hearing to confirm the final assessment roll for LID
334 was continued on September 5 to this date. The
Public Works Director met with residents of the area
on Wednesday, September 13 , 1989 and he noted that
after the meeting it was discovered that an error
had been made in overpayments to the contractor and
these had been figured into the assessments. He
requested that the hearing be continued to the next
regular meeting of October 3 , 1989 to allow time for
the final assessment roll to be corrected and
notices sent. WHITE SO MOVED, Johnson seconded and
the motion carried.
(CONSENT CALENDAR - ITEM 3I)
116th Ave. S.E. Sanitary Sewer Extension.
ACCEPTANCE of the completed contract with Rodarte
Construction, Inc. and release of retainage after
receipt of State clearances. This project was
awarded to Rodarte Construction, Inc. for the bid
amount of $72 , 953 . 99 on August 2 , 1988, and notice
to proceed was issued September 19, 1986 . The
project consisted of the installation of 1, 725 feet
of sanitary sewer pipe and 20 feet of side sewer
with 47 feet of water main and various related
appurtenances. Final construction costs are
$92 , 328 . 25.
(BIDS - ITEM 5A)
Miscellaneous Sewer and Water Main Improvements.
Bid opening was August 25, 1989 with four bids
received. The low bid was submitted by R. W. Scott
in the amount of $301, 653 . 34 , the Engineer' s
estimate was $200,701. 07 . The bids have been
reviewed and it is recommended by the Director of
Public Works that the bids be rejected and the
project be modified and rebid at a later date.
JOHNSON SO MOVED. Mann seconded and the motion
carried.
STREET (PUBLIC HEARING - ITEM 2B)
VACATION St. Anthony's Catholic Church Street Vacation No.
STV-89-4. The Mayor noted that the public hearing
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September 19, 1989
STREET scheduled for this meeting had been removed from the
VACATION agenda and referred to the Public Works Committee
which will meet at 3: 30 p.m. on Tuesday, September
26th.
(CONSENT CALENDAR - ITEM 3K)
Drangsholt Street Vacation. ADOPTION of Resolution
1215, setting a public hearing date of October 17,
1989 upon the Drangsholt petition to vacate portion
of a street west of Woodland Way and south of S.
262nd P1. for the Hawkridge Development.
COMMUNITY (PUBLIC HEARING - ITEM 2C)
DEVELOPMENT 1990 Community Development Block Grant Program. A
BLOCK GRANT public hearing has been scheduled for this meeting
PROGRAM to consider adoption of the 1990 Community
Development Block Grant Program as recommended by
the Council Planning Committee and by the Human
Services Committee. Lin Ball of the Planning
described the staff recommendation as follows:
ESTIMATED AMOUNT OF FUNDS AVAILABLE: $234,112/$236,937
LIMITS ON EXPENDITURES FOR ADMINISTRATION AND HUMAN SERVICES:
1990 Human Services Ceiling $ 25,221/$ 27,239
1990 Planning and Administration Ceiling $ 10,088/$ 10,895
Recommended Recommended
"Base Level" "Higher Level"
Project Tvpe Funding Funding
1. Program Planning & Admin $ 10,088 $ 10,895
Administration
2. Housing Repair Services Housing Rehab 118,390 118,390
Program
3. Special Populations Rehab 14,509 14,509
Resource Center Rehab
4. Kiwanis Tot Lot #4 Rehab Rehab 7,048 7,048
5. Kent/Renton Joint Rental Housing Rehab 8,256 8,256
Housing Rehab.
6. Catholic Community Acquisition 28,000* 28,000
Services S. King Co.
Center Acquisition
7. Children's Therapy Center Construction 3,500 3,500
8. Kent Community Clinic Construction 19,100 19,100
Facility Expansion
9. Kent Single Parent Human Services 4,600 4,600
Employment and Education
10. YWCA Emergency Housing Human Services 2,610 2,610
Program
11. Kent Community Health Human Services 9,011 11,029
Services
12. Domestic Abuse Women's Human Services 5,000 5,000
Network (DAWN)
13. Kent Para-Transit (Van- Human Services 4,000 4,000
Go)
TOTAL $234,112 $236,937
*If entitlement is red
uced, funding it is recommended that this project g be
reduced to accommodate reduced allocation.
September 19, 1989
COMMUNITY The public hearing was opened by the Mayor.
DEVELOPMENT Appreciation for past support was expressed by Linda
BLOCK GRANT Martinez on behalf of DAWN, Jim Bauman on behalf of
PROGRAM the Kent Community Clinic and Jean Salls on behalf
of the YWCA Emergency Housing Program. There were
no further comments and the hearing was closed.
WOODS MOVED to approve the 1990 Community
Development Block Grant Program as presented. White
seconded and the motion carried.
SENIOR HOUSING (CONSENT CALENDAR - ITEM 3D)
BOND ISSUE Procedures for and Appointments to Senior Housing
Ballot Committees. APPROVAL of procedures for
appointing committees advocating approval or
disapproval of the senior housing ballot measure and
confirmation of the Mayor' s appointment of Ed
Heineman, Dee Eklund and Dee Moschel to the
committee in favor of the measure.
PLANNING (CONSENT CALENDAR - ITEM 3C)
COMMISSION Planning Commission Appointment. CONFIRMATION of
the Mayor' s appointment of Tracy Faust to replace Al
Haylor on the Planning Commission. This term will
expire December 31, 1990.
AUTOMATION (CONSENT CALENDAR - ITEM 3E)
PLAN Utility Billing Contract Authorization - Resolution.
As discussed with the Operations Committee at their
September 14 meeting, adoption of Resolution 1214 ,
authorizing a contract with Idaho Computer Services,
Inc. for a computerized Utility Billing System, upon
the approval of appropriate contract terms and
conditions by the City Attorney and Information
Services Director. Prior Council approval of the
City's Automation Plan, including a Utility Billing
System, occurred on August 18, 1986. In accordance
with the Automation Plan, funding has already been
set aside in the CIP for this ur ose.
P P
TELECOMMUNI- (CONSENT CALENDAR - ITEM 3F)
CATIONS Pay Phone Contract with US West Communications. As
recommended by the Operations Committee, approval of
the contract with US West Communications under which
the City will receive 10 percent commission from the
pay phones, including inmate phones at the City' s
Corrections Facility.
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September 19, 1989
FIRE (CONSENT CALENDAR - ITEM 3L)
Fire Agreement with State. APPROVAL of an agreement
with Washington State Community Development under
which the Kent Fire" Department will provide a Drill
Master for the State Fire Academy in North Bend.
The state will reimburse the City in the amount of
$11, 000.
POLICE (CONSENT CALENDAR - ITEM 3N)
Ordinance Defining the Crime of Patronizing a
Prostitute. ADOPTION of Ordinance 2872 adding a new
section to the Kent Municipal Code defining the
crime of patronizing a prostitute.
OTHER BUSINESS - ITEM 4B
DRINKING DRIVER ( )
TASK FORCE THIS ITEM WAS ADDED TO THE AGENDA AT THE REQUEST OF
COUNCILMEMBER HOUSER.
Committee Recommendations. Houser noted that the
Public Safety Committee had reviewed the conclusions
of the committee evaluating the Drinking Driver Task
Force and recommends approval of Items 1 through 9 ,
except for Item #6. SHE MOVED for such approval and
for Item #6, regarding a public information liaison
person, be further studied and brought back to the
Public Safety Committee. Woods seconded. It was
determined that everyone did not have a copy of the
report and it was suggested by the Mayor and White
that the matter be held over to the next meeting.
Houser expressed concern in delay inasmuch as Items
#1 and #2 provided for hiring two interim people.
She noted that both the Coordinator and a Program
Assistant had recently left and that the poster
program was in jeopardy. Time was allowed for the
Council to read the report. Suzette Cooke of the
Chamber of Commerce noted that the proposal would
approve some organizational changes that the Chamber
might like to know more about and expressed concern
that the Council had not had time to study the
matter. Chow determined that the Police Chief had
no objection to moving the Drinking Driver Task
Force from the Police Department to Administration.
It was further clarified that the City Administrator
would meet with the review committee to discuss some
of the findings. Alana McIalwain explained that the
purpose of Item #9 was to make sure there was
internal salary equity.
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September 19, 1989
DRINKING DRIVER Cooke requested that the item be held over and
TASK FORCE DOWELL MOVED to table this matter to the next
meeting. The motion failed for lack of a second.
Chow determined for Johnson that the two interim
positions could be authorized and the rest of the
items delayed. Driscoll noted that the Drinking
Driver Task Force is now under Civil Service and
would include interim people if they were full time.
to hire two art-time, temporary
Johnson proposed P
tems 1 and 2 and to approve Item #9
(I # # ) PP
people
(internal equity) and to hold over the other 6 items
to the next meeting. This was accepted by Houser
and Woods as a friendly amendment. The motion was
restated as approving Items #1, #2 , and #9 and to
postpone one the other items to the October 3rd meeting
and then carried unanimously.
SUBDIVISION (CONSENT CALENDAR ITEM 3J)
CODE Amendme
nt to SEPA Ordinance. ADOPTION of Ordinance
2871 amending Kent' s Environmental Policy. The City
and Chamber of Commerce Environmental Mitigation
Task Force Committee made certain recommendations
for amending the City's Environmental Policy
ordinance to establish a minimum ten trip generation
developments
so as to ensure that all new develo
threshold P
with significant traffic impacts falling under the
scope of the state and Kent Environmental Policy
Acts in transportation improvements.
participate
WEST HILL (OTHER BUSINESS 4A ITEM )
ZONING West Hill - Amendment to West Hill Subarea Plan and
Kent Official Zoning Man response to Resolution
p. In
1172 , the Planning Department has conducted a study
of
multi-family
residential densities and reviewed
ways to encourage single family development. The
Planning Commission held two workshops and three
public hearings on amendments to the Comprehensive
Plan and official zoning map for the first study
area, West Hill.
Sandra Driscoll, City Attorney, noted that she had
been asked to address legal issues concerning the
authority of the Council to proceed. The question
has been raised as to whether this is a legislative
action or a quasi-judicial action. The courts have
determined that the process, as currently set up, is
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September 19, 1989
WEST HILL legislative action. Also of importance to the
ZONING courts, is whether the action of the Planning
Commission was initiated by the Council rather than
by a property owner. Driscoll then explained
briefly the four-part test used by the courts to
determine if an action is legislative or quasi-
judicial. She noted that Kentview Properties had
filed a lawsuit, and in June the judge had ruled
that this was legislative action and that the matter
was properly heard before the Planning Commission,
since the function of a Hearing Examiner does not
include setting policy. Driscoll pointed out that
the exact situation of facts exists now and
therefore the Council 's action is within the legal
parameters under legislative action.
Dan Stroh of the Planning Department noted that the
recommendations of the Planning Commission were
explained in detail in their Findings & Conclusions,
distributed as a part of the packet. He summarized
these as follows:
1. Amend the West Hill Subarea Plan Text;
Plan Ma for implementation
2 . Amend the West Hill p
of the site - specific recommendation in
Multifamily Area MF-03 ;
3 . Amend the Zoning Map for Multifamily Areas
MF-01, 02, and 03 , designating all sites as MRG
zoning;
4 . Amend the West Hill Plan Map creating a "Single
Family Designated Area" overlay.
Str
oh oh noted that Resolution 1172 directed the
Planning Department to institute a series of
studies, including amending the housing element of
the Comprehensive Plan. An area-by-area review of
the city' s multi-family densities was then
conducted. It was found that in the entire city
there were approximately 566 acres of available
single family land with the potential of 2 , 261
single family units and 235 acres available of
multi-family land with the potential of 4 , 754 units.
Figures for the West Hill area included approx-
imately nine acres of available multi-family zoned
land with a potential for about 228 units. Three
options were developed and the site-specific
reduction is recommended. This would remove the
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September 19, 1989
WEST HILL development ment potential for 91 units. Stroh explained
ZONING that a series of public meetings were held. An
Environmental Impact Study was done and a City-wide.
Declaration of Non-Significance was issued. He
noted that extensive notification had been given of
the Planning Commission public hearings and that
both East Hill and the Valley Floor areas would also
be the subject of Planning Commission hearings.
Upon Mayor Kelleher' s question, Stroh clarified that
the changes recommended for the three specific sites
on the West Hill would change multi-family
classifications from one density to another but
would not increase the number of single family homes
allowed in single family designated areas.
It was clarified for Woods that the West Hill
reduction would equal 2% of the goal of 20%
reduction of multi-family zoning. Stroh noted that
reductions on East Hill and the Valley Floor would
be separate items before the Council and clarified
that most of the potential for reduction of multiple
zoning was on the valley floor.
It was determined that action taken tonight would
not become effective until action was taken on the
East Hill Plan and on the Valley Floor Plan. WOODS
MOVED to adopt the recommendation of the Planning
Commission for text and map amendments to the West
Hill Subarea Plan and amendments to the official
zoning map and to direct the City Attorney to
prepare the required resolution and ordinance.
Johnson seconded.
Jane Koler, 18th Floor, Pacific Building, Seattle,
attorney representing Kentview Properties, Inc. ,
distributed a letter which has been filed for the
record. Ms. Koler pointed out that Kentview
Properties has filed an appeal to the judge's
decision. She noted that until this decision,
Washington courts had held that rezones were quasi-
judicial proceedings. She asked that the matter of
Kentview Properties rezone be remanded to the
Hearing Examiner so that a full quasi-judicial
hearing can be held, in accordance with the City's
zoning ordinance. Upon White' s question, Stroh
confirmed that public hearings had been held before
the Planning Commission. The motion to approve then
carried unanimously.
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September 19, 1989
FINANCE (CONSENT CALENDAR - ITEM 3B)
_Approval of Bills. APPROVAL of payment of the bills
received through September 21, 1989 after auditing
by the Operations Committee at its meeting at 3 : 00
p.m. on October 2 , 1989.
.Approval of checks issued for vouchers:
Date Check Numbers Amount
8/31 - 9/11 83455 - 83481 $ 162,217.93
9/14/89 83491 - 83881 1,542,580.71
$1,704,798.64
Approval of checks issued for payroll:
Date Check Numbers Amount
9/5/89 124226 - 124898 $ 725,911.48
(CONSENT CALENDAR - ITEM 3G)
Laserprint Contract Renewal. AUTHORIZATION for the
Mayor to sign a contract renewal with Laserprint
Communications for printing, inserting and mailing
of the City' s utility bills, as recommended by the
Operations Committee.
(CONSENT CALENDAR - ITEM 3M)
Environmental Mitigation Fund - Solid Waste Utility
Account. ADOPTION of Resolution 1216, creating a
solid waste utility account in the Environmental
Mitigation Fund and authorizing and appropriating
funds necessary therefor.
REPORTS (REPORTS - ITEM 6F)
Parks Committee. Dowell noted that the Parks
Committee would meet at 4 : 00 p.m. on Wednesday,
September 20th.
EXECUTIVE At 8 : 30 p.m. , City Administrator Chow asked for an
SESSION executive session of approximately 10 minutes to
discuss possible litigation. The meeting reconvened
at 8 : 35 p.m. and WOODS MOVED to approve settlement
of the "snow-days grievance" with the Corrections
Union, Police Specialists and the Police Union.
Mann seconded and the motion carried.
ADJOURNMENT The meeting was adjourned at`\8:40 p.m.
L
l
Marie Jeng-en, CMC
City Clerk
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