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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 05/15/1990 i Kent, Washington May 15, 1990 Regular meeting of the Kent City Council was called to order at 7: 00 p.m. by Mayor Pro Tem/Council President Woods. Present: Councilmembers Dowell , Houser, Johnson, Mann, White and Orr, City Administrator Chow, City Attorney Driscoll, Planning Manager Satterstrom, Public Works Director Wickstrom, Police Chief Frederiksen, Fire Chief Angelo, Assistant City Administrator Hansen, Parks Director Wilson, Finance Director McCarthy, Information Services Director Spang, Personnel Director Olson and City Clerk Jensen. Mayor Kelleher was out of town and Planning Director Harris was ill. Approximately 70 people were at the meeting. PUBLIC (PUBLIC COMMUNICATIONS - ITEM 1A) COMMUNICATIONS National Public Works Week. Mayor Pro Tem/Council President Woods read a proclamation which notes that the health, safety, and comfort of this community greatly depends on public works facilities and services and declared the week of May 20 - 26, 1990 to be National Public Works Week in the City. The proclamation was presented to Public Works Director Wickstrom. (PUBLIC COMMUNICATIONS - ITEM 1B) Kiwanis Club of Kent - 60th Birthday. Mayor Pro Tem/Council President Woods noted that on May 16, 1990, the Kiwanis Club of Kent celebrates its 60th year of community service to Kent and its citizens and read a proclamation declaring May 16, 1990 as Kiwanis Club of Kent - 60th Birthday in Kent. (PUBLIC COMMUNICATIONS - ITEM 1C) Law Enforcement Torch Run for Special Olympics. Mayor Pro Tem/Council President Woods announced that more than 1300 law enforcement officers from departments across Washington State will relay Special Olympics Torches more than 1, 000 miles between May 28 and June 1, 1990, and that City of Kent Police Officers will carry the Special Olympics Torch through the City at approximately 1: 00 p.m. on Friday, June 1, 1990. She also noted that the City of Kent Police Officers are raising funds from business owners and residents for this project. She then read a proclamation declaring the week of May 28 through June 3, 1990 as Law Enforcement Torch Run for Special Olympics Week in the City of Kent and urged the citizens and business owners of Kent to 1 May 15, 1990 PUBLIC help support the Kent Police Officers in their fund COMMUNICATIONS raising and torch carrying efforts. The proclamation was presented to Chief Frederiksen and Lt. Everett. (PUBLIC COMMUNICATIONS - ITEM 1D) Police Memorial Day. A proclamation was read declaring the week of May 14 - 18, 1990 as National Police Week and May 15, 1990 as Police Memorial Day in the City of Kent. Mayor Pro Tem/Council President Woods noted that every two days an American police officer will be killed in the line of duty somewhere in the United States and 136 officers will be seriously assaulted in the performance of their duties. She urged all citizens to make every effort to honor, appreciate and express their thanks to our men and women who make it possible for us to leave our homes and family in safety each day and to return to our homes knowing they are protected. The proclamation was presented to Chief Frederiksen and Lt. Everett. Mayor Pro Tem/Council President Woods introduced Senator Eleanor Lee, who represents the 33rd District and welcomed her to the meeting. CONSENT WHITE MOVED that Consent Calendar Items A through J CALENDAR be approved except for Item D which was removed by Dowell. Houser seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 3A) _Approval of Minutes. APPROVAL of the minutes of the Council meeting of May 1, 1990. HEALTH AND (CONSENT CALENDAR - ITEM 3F) SANITATION Cypress Inn. ACCEPTANCE of the bill of sale and warranty agreement supplied by Charles B. Harris for continuous operation and maintenance of approximately 275 feet of water line, 325 feet of sanitary sewer, 195 feet of curb, gutter and sidewalk, 270 feet of asphalt concrete and 28 feet of storm sewer constructed in the vicinity of 84th Avenue South and South 222nd Street for the Cypress Inn at Kent project, and release of cash bond after expiration of the one year maintenance period. 2 �I May 15, 1990 SEWER (OTHER BUSINESS - ITEM 4B) Metro Sewerage Disposal Agreement. This item was discussed at the Public Works Committee meeting on January 9th. Metro is seeking a contract amendment essentially to implement a change in the residential customer equivalency value which is used as a basis for charging non-residential customers. This change would increase Metro' s bill to the City by $160, 000 per year. The Public Works Department, while supporting the change, recommends tabling any action thereon until a determination of the City's financial exposure per the cleanup of the abandoned sewage lagoon is known. Metro was the owner/operator of the lagoon from 1967 to 1976 and as such, may have some participating financial responsibility thereto. Therefore, any and all negotiation points should be preserved. Wickstrom noted that Metro's contract cannot be amended unless they have approval from 100% of their contracting agencies. If the City of Kent does not approve the contract, they would not be able to implement this rate change. He said that the City is faced with the potential cleanup of the lagoon at great expense. He noted that this is a regional issue and there will be regional pressure to sign the contract. WHITE MOVED to withhold any action on the Metro Sewerage Disposal contract and amendment at this time. Johnson seconded and the motion carried. i STREETS (PUBLIC HEARING - ITEM 2B) LID 330 - 64th Avenue South Street Improvements. May 15 has been scheduled for the public hearing on confirmation of the final assessment roll for LID 330 and proper legal notice has been given. The Director of Public Works will describe the project and manner of assessments. Wickstrom described the project and the manner of assessments and noted that a protest had been received from Maurice Peterson of Bridgewater II, representing an assessment of $13 .00, and that Corporate Park Investors has indicated they need 3 May 15, 1990 STREETS more time to review the assessments. Wickstrom noted that continuing this item to the next Council LID 330 meeting would not create a problem. He asked that if this item is held over, that the award of the bid for this project also be held over. Wickstrom determined for White that the LAKES portion of the LID is not in bankruptcy. Upon Mann's question, Wickstrom stated that the bike route is through the Frager and Russell Road area, and that there is also a bike route on James Street. He noted that the Public Works Committee is aware that The Lakes includes a bike route on both sides of those streets, with the idea of tying that to S. 228th and taking it over to Russell Road as the north-south bike route. Mayor Pro Tem/Council President Woods declared the public hearing open. Jack Bennett, Corporate Property Investors, 20206 72nd Avenue South, noted that he has spoken with the Engineering Department regarding their assessments (Nos. 21 and 22) . He asked for additional time to evaluate the impact of the assessments, since the final assessment roll reflects a substantial increase over what was previously budgeted, and requested a continuance of the hearing until the next Council meeting. Wickstrom clarified that Peterson's assessment is for the traffic signal system. Peterson's letter has been filed for the record. WHITE MOVED that this hearing be continued until the June 5th meeting. Houser seconded. The City Attorney noted Council for White that next Council meeting will be held at Meeting Sunnycrest Elementary School, 24629 42nd Avenue Place South, on June 5th. Woods stated that the meeting will begin at 6 : 00 p.m. and that the subject of the Nike Manor Nike Manor Housing would be the first order of business. The motion carried. (BIDS - ITEM 5B) LID 330 - 64th Avenue Street Improvement. Bid opening on this project was held April 17th, with eight bids received. Since the public hearing on this project was continued to the next Council meeting, this item was removed from tonight's agenda and will be presented on June 5th. 4 i May 15, 1990 STREET VACATION (PUBLIC HEARING - ITEM 2A) Street Vacation No. STV-90-3 - Portion of 78th Pl. S. This public hearing will consider a request by South 202nd Associates of Bellevue to vacate a portion of 78th Pl. S. Proper legal notice has been given by the City Clerk. Staff has recommended approval without conditions. Mayor Pro Tem/Council President Woods opened the public hearing. There were no comments from the audience and WHITE MOVED to close the public hearing. Mann seconded and the motion carried. JOHNSON MOVED to approve Street Vacation No. STV-90-3 as recommended by staff and to direct the City Attorney to prepare the necessary ordinance. White seconded and the motion carried. WATER (OTHER BUSINESS - ADDED ITEM 4E) Kent Springs Transmission Main. Charles Kiefer of the East Hill Citizens' Alliance stated that he had received answers to his questions at the Public Works Committee meeting. He had not received an answer to his May 3rd request that Harris withdraw the DNS for this project. It was agreed that Kiefer would make an appointment with Fred Satterstrom of the Planning Department. Ron Allen stated that no one had received his permission to drain the line into his pond and asked the significance of the drain valve. Wickstrom determined that the line would not be drained into the pond and he would send Allen a letter to that effect, and further, that we are talking about a plan only. It was agreed that the letter would be sent and then the plan studied. TRAFFIC CONTROL (OTHER BUSINESS - ADDED ITEMS 4F AND 4G) S. 272/277 Corridor. Betty Taylor of 27627 127th SE, also a member of the Alliance, stated that the City was attempting to stifle East Hill residents, that proper notification had not been given and that the plans were constantly changed as to the selection of a route for the corridor. She stated that Transportation Engineer Nizlek had not allowed citizens to speak. Upon Woods ' question, City Attorney Driscoll pointed out that she had advised Council they should not receive input from the public during the environmental review process, in case they later had to hear appeals. 5 May 15, 1990 TRAFFIC CONTROL Driscoll noted that the SEPA process could be discussed only a general manner and that discussion S. 272/277 of this particular project might lead to a potential Corridor violation of the "appearance of fairness doctrine" or a claim of that. Johnson objected to Taylor' s charge that proper hearings were not held, noting that, in addition to the "scoping" hearing, the Alliance itself had had a meeting and a real estate firm had had another. He asked if there was anything to prohibit scheduling something like a scoping meeting for further input. Driscoll stated that this could be done at a department level . Wickstrom stated that the draft EIS should be issued late in July and that prior to that, another meeting would be held for which notice would be published and also mailed to all who have signed up. Comments on the draft are taken for 30 days, they are answered and become a part of the draft EIS. Driscoll noted that the law allows citizens to petition for a public hearing in the draft. She pointed out that no decisions have been made and these would come to Council after the final EIS is out, estimated to be late in 1990. The appeal process then starts. Woods suggested that the City provide maximum opportunity for public input all along the way. Orr asked how many meetings were held. Wickstrom noted the initial scoping meeting and one formal meeting, with one more planned before the draft is released. Upon questions, Wickstrom determined that one scoping meeting is required and that notice was published in the paper as well as 4, 000 notices mailed to individuals and that although the tapes were garbled, minutes were available. Taylor asked how the three suggested routes were chosen of the 10 original alternatives. She said that the Alliance questions the way this matter has been handled from the very beginning. It was determined that Council had been cautioned to observe the "appearance of fairness" doctrine. Taylor stated that many in the area were not notified. White suggested that Taylor work with the City Attorney' s staff to determine who should be 6 May 15, 1990 TRAFFIC CONTROL notified. Taylor asked if this would be called a "scoping meeting" and Johnson noted that it was not S. 272/277 necessary to start the SEPA process over inasmuch as Corridor another hearing was to be held before the draft EIS was issued. He pointed out that the information gathering phase was still in process. He agreed with White that the City was sensitive to notifying the public, and often exceeded the legal requirements in this area. He MOVED to direct staff to set up another public meeting as part of this process so staff can hear some of the concerns. White seconded and stressed the importance of proper notification. Mann proposed that the meeting be videotaped and this was considered a friendly amendment. Orr suggested that someone from the City' s legal staff could attend the meeting to explain why some questions were not proper. It was clarified that Taylor was concerned with the Procedure, not necessarily with the project. Dowell pointed out that the Council could not put itself in the position of having heard arguments for or against the project prior to the proper time for the Council to consider this project. The motion was restated by the City Clerk and then carried unanimously. Laurie Miller of 10997 SE 284th asked when the citizens in the area of the proposed corridor should have spoken. Johnson stated that this is a proposed joint project with Auburn and this is the information gathering process. Concerns could also have been directed to King County. Wickstrom determined further for Gay Fournier of 28261 108th SE that the SEPA process began at the scoping hearing in October, 1989. She asked when the Council became aware they should not discuss this project. Driscoll noted that she had so advised the Council when the petition was given to the Clerk at the Council meeting of April 17, 1990. The Clerk will forward the petition to the Department of Public Works as part of the draft EIS. It was determined for Fournier that if the Council members received mail on this subject, it should be filed for the public record. Johnson noted he had answered a letter of Fournier's but had cleared it with the City Attorney's office. Chris Clifford of 2721 Talbot Rd. S. , asked if information from the 7 i May 15, 1990 i TRAFFIC CONTROL next public meeting will be addressed in the draft which is being prepared now. Wickstrom stated that S. 272/277 if new information is submitted, the draft could be Corridor delayed to include same. White noted that the Council had to live within the rules and guidelines established. Bill Joy of 28183 109th SE, stated he had a letter from Wickstrom and Nizlek containing a file list for public disclosure - 272/277 dated April 16, 1990. He asked for the letter at the Public Works office and learned that only those who requested information on this project had received copies. He had not been sent a copy and stated that he thought all those concerned about the project should be sent a copy. Wickstrom noted that the list was approximately 400 names. HOUSER MOVED to send the letter to all. White seconded and the motion carried. HAZARDOUS (OTHER BUSINESS - ITEM 4C) WASTE Local Hazardous Waste Management Plan - Resolution. In compliance with State law, local governments are to prepare a Local Hazardous Waste Plan. The February 1989 Local Hazardous Waste Management Plan for Seattle-King County is a joint plan for King County and its cities, including Kent. Wickstrom noted that the plan sets up programs and facilities for the collection of hazardous waste from households and from commercial-type operations which generate small quantities of hazardous waste. It also establishes a public education program, a technical assistance program, a survey program, a temporary subsidized program for small quantity generators, and an enforcement program. He stated that the goal is to keep hazardous waste out of drainage and sewerage systems and landfills. Wickstrom pointed out that the financial impact to the City would be $102, 000. He also noted that this needs to be approved by June 1 in order to be counted into the adoption of the plan. WHITE MOVED to adopt Resolution 1222 approving the Local Hazardous Waste Management Plan as amended and with specific contingencies, as reflected in the Public Works Director' s memorandum to the Public Works Committee. Mann seconded. White said that though the City is mandated to adopt the plan, they are 8 May 15 1990 HAZARDOUS then faced with over $100, 000 in cost to the WASTE citizens. He pointed out that this resolution would give Suburban Cities a voice in what happens. Wickstrom noted for Dowell that the increase will appear on utility bills in 1991. The motion then carried. HOUSING (CONSENT CALENDAR - ITEM 3D) REMOVED BY COUNCILMEMBER DOWELL Housing opportunity Fund Grant Application. The Planning Department requests AUTHORIZATION of an Senior application for King County Housing Opportunity Fund Citizen (HOF) money, to further the 92 unit Kent Senior Housing Housing Bond Project. If awarded, the grant money Bonds will enable the City to build additional senior housing units for the frail elderly. Kent City Council authorization of the application needs to be forwarded to King County to be considered as part of the application review. Planning Manager Satterstrom clarified for Dowell that if the City were to receive funds under this grant, they would have the option of providing congregate care within senior housing, and that the exact type of care has not yet been determined. DOWELL MOVED for passage of this item. White seconded and the motion carried. SUBDIVISION (CONSENT CALENDAR - ITEM 3E) Walnut Grove Preliminary Subdivision No. SU-90-2 . AUTHORIZATION to set June 5 for a public meeting to consider the Hearing Examiner's recommendation of conditional approval of an application by Kerr-Built, Inc. for a 22 lot single family residential preliminary subdivision. The property is approximately 6. 1 acres in size and is located east of 94th Ave. S. , west of 96th Ave. S. , south of S. 241st St. , and north of S. 243rd St. ZONING CODE (CONSENT CALENDAR - ITEM 3J) 20% Multifamily Density Reduction. ADOPTION of Ordinance 2924 repealing Ordinance 2788. At the initiation of the Housing Element Work Program, the City Council adopted Ordinance 2788 , which reduced multifamily residential densities by 20 percent. The ordinance was intended to be an 9 May 15, 1990 ZONING CODE interim measure to be in effect only until such time as the Comprehensive Plan Housing Element Update was completed and the accompanying zoning amendments were enacted. The Housing Element Study has been completed and as a result the City Council passed Ordinances 2901, 2902 , 2903 , 2904, and Resolutions 1230 through 1237 . These ordinances and resolutions obviate the need for the interim measures enacted by Ordinance 2788 . LIBRARY (BIDS - ITEM 5D) Library - City/County. Jim Hansen noted that bids for the new library were opened on May 14th. The low bid was from Eberharter Construction Co. in the amount of $2 , 524, 000 for the base bid with Alternatives 1, 2, 3 , 7, & 8 and taxes bringing the total up to $2 ,815, 150. The bid exceeds the budget but it is recommended the City increase its budget by $430, 000. McCarthy explained that the budget change to cover this increase will be bourne by the Library District since past budget changes based on additional interest have inadvertently only increased the City's share. The total budget . interest of $413 , 159 should have reflected a like interest in the Library District's contribution. HOUSER MOVED to modify the construction portion of the overall Library Budget from $3 , 750, 000 to $4 , 180, 000 and to accept the bid of Eberharter Construction Company for $2,524 , 000 and Alternatives 1, 2, 3 , 7, & 8 and taxes totalling $2 ,815,150. Mann seconded. Dowell asked McCarthy if the entire difference of $430, 000 was to be paid by the Library District and he answered that it was. The motion then carried. SISTER CITY (OTHER BUSINESS - ITEM 4A) Kent-Kherson Peace Park. The name of the Old City Hall Park is being changed to Kent-Kherson Peace Park in honor of Kent's Sister City. According to Resolution 1049, parks may be named giving consideration to Sec. 3 . 3 Criteria: historical or cultural significance. Sec. 4 . 3 Procedure: allows for a six month time lapse between receipt of a name proposal and the final recommendation. Due to project timelines and volunteer involvement in the building of the park, the Parks staff recommends 10 t i May 15, 1990 SISTER CITY waiving the six month period and accepting Kent- Kherson Peace Park as the official name of the park. Parks Director Wilson noted for White that volunteers plan to build the park on June 2, 1990. DOWELL MOVED to adopt Kent-Kherson Peace Park as the official name of the park located at Second Ave. S. and W. Gowe St. , formerly Old City Hall Park. White seconded and the motion carried. FIRE (BIDS - ITEM 5E) Radio Tower System. Bid opening was held on May 14 with two bids received, both exceeding the project estimate. Chief Angelo recommended that the bids be rejected, the specifications rewritten, and the project rebid. MANN SO MOVED. Dowell seconded and the motion carried. EQUIPMENT (BIDS - ITEM 5C) RENTAL Aerator for Parks Golf Complex. Bid opening was held April loth for a golf course greens aerator with the only bid submitted by Western Equipment in the amount of $10, 614 .34 . Staff recommends that this bid be accepted. DOWELL SO MOVED. Mann seconded. McCarthy noted for Houser that this item is in the budget. The motion carried. PUBLIC SAFETY (BIDS - ITEM 5A) Writing Surfaces. One bid was received on April 30, 1990 for writing surfaces for the East Hill Complex. The bid was from Weyel International. Staff recommends that the bid be awarded to Weyel International in the amount of $26, 318.18 . DOWELL SO MOVED. Houser seconded and the motion carried. PERSONNEL (OTHER BUSINESS - ITEM 4D) AFSCME - Washington State Council of County and City Employees, Local 21-K - Contract. Personnel Director Olson announced that the City and AFSCME - Union Washington State Council of County and City Employees, Local 21-K, have arrived at a settlement. He pointed out that this is a first time ever contract for employees of the City Finance Department. Olson explained the provisions of the contract. The Attorney advised, upon questions from White and Woods, that it is not necessary for this item to go to a committee for approval. MANN MOVED that the contract be signed. Houser seconded and the motion carried. 11 i May 15, 1990 POLICE (CONSENT CALENDAR - ITEM 3C) Municipal Court Feasibility Study. ADOPTION of the Interlocal Agreement between the Cities of Kent and Auburn for a study of the feasibility of establishing a municipal court. This study will be done in conjunction with the City of Auburn, but will specifically address the feasibility for each individual city. The maximum amount of the contract will be $8, 000 to be split equally by the cities. The report will be due to each city by July 16, 1990. (CONSENT CALENDAR - ITEM 3I) crime Prevention. ACKNOWLEDGEMENT of the donation of $165. 00 from Mitzel 's American Kitchens to the D.A.R.E. program. (OTHER BUSINESS - ADDED ITEM 4H) Drug Free Zones. Johnson distributed copies of a proposed resolution implementing enhanced penalties for unlawful drug activities in areas around schools and school bus route stops. HE MOVED that the resolution be referred to the Public Safety Committee. White seconded and the motion carried. FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Bills. APPROVAL of payment of the bills received through May 21, 1990 after auditing by the Operations Committee at its meeting at 4 : 30 p.m. on May 22 , 1990. Approval of checks issued for vouchers: Date Check Numbers Amount 5/1 - 5/10/90 91517 - 91549 $ 104 , 938. 39 5/15/90 91550 - 92000 1, 049 , 090. 18 $1, 154 , 028.57 Approval of checks issued for payroll: Date Check Numbers Amount 5/4/90 134975 - 135666 $882 , 654 .20 12 i May 15, 1990 FINANCE (CONSENT CALENDAR - ITEM 3G) Banking services Contract. AUTHORIZATION to accept the proposal and to enter into contractual agreement for banking services with U.S. Bank of Washington. The agreement will be for a three year contract with an option to extend. U.S. Bank was one of four banks who submitted proposals and theirs offered the lowest monthly cost to the City. The cost proposed was $2 , 377 .40 per month based on specified volumes. This amount was approximately $470 per month less than current charges. A contract between the City and U.S. Bank will be reviewed by the City Attorney prior to obtaining the Mayor' s signature. (CONSENT CALENDAR - ITEM 3H) Golf Complex Merchandising Budget. AUTHORIZATION of a budget change for the expenditure of funds Parks primarily to purchase golf merchandise and AUTHORIZATION of a line of credit to cover deficit cash positions. At the May 1 Council meeting, the City Council authorized the Parks Department to operate the golf complex concessions from now through 1992. In order to implement this arrangement, a budget change authorizing the expenditure of funds primarily to purchase golf merchandise needs to be made. This budget change of $241, 046 is offset by $342,456 in additional revenues. In addition, a line of credit loan is required up to $300, 000 to cover deficit cash balances on a month to month basis. REPORTS (REPORTS - ITEM 6B) Council Chambers Repairs. Hansen noted that this item has been discussed in the past, and that recently an alternative was developed which would address just the minimum needs. He explained that the alternative includes removing the dias from the back of the room which would create space for a meeting area, or could be used for additional seating. It would also include removing one row of benches so that a microphone could be placed in the 13 May 15, 1990 jFINANCE center of the room for easier access for citizens who wish to speak. This alternative also includes a Council sound system, as the current sound system is faulty. Chambers He explained that the cost would be $20, 000, which Repair includes new carpeting for the entire room. (REPORTS - ITEM 6E) Public Safety Committee. Mann invited everyone to the dedication of the West Hill Fire Station at 26512 Military Road South. The ceremony will be on May 19th at 11: 30 a.m. ADJOURNMENT The meeting was adjourned at 9: 30 p.m. Marie en en CMC City C k 14