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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 07/17/1990 Kent, Washington July 17, 1990 j 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, Orr, White and Woods, City Administrator Chow, Acting City Attorney Williamson, Planning Director Harris, Public Works Director Wickstrom, Fire Chief Angelo, Police Chief Frederiksen, Assistant City Administrator Hansen, Information Services Director Spang, Finance Director McCarthy, Personnel Director Olson and City Clerk Marie Jensen. Parks Director Wilson was not in attendance. Approximately 30 people were at the meeting. PUBLIC (PUBLIC COMMUNICATIONS - ITEM 1A) COMMUNICATIONS National Recreation and Parks Month. Mayor Kelleher read a proclamation declaring the month of July as National Recreation and Parks Month in the City of Kent. He urged all citizens to support and promote this observance by participating in Kent Parks and Recreation programs, including the International Air Balloon Classic on July 20 and 21, 1990. (PUBLIC COMMUNICATIONS - ITEM 1B) National Night Out. Mayor Kelleher read a procla- mation declaring Tuesday, August 7, 1990 as National Night Out in the City of Kent. He called upon all citizens of Kent to join the Kent Police Public Edu- cation Unit and the National Association of Town Watch in supporting and participating in the 7th Annual National Night Out. (PUBLIC COMMUNICATIONS - ITEM 1C) Centennial Quilt. Mayor Kelleher introduced Joanne Virgillo, Denise Good, Kathe Jorgenson and Nancy Jones of the Kent Federated Womens Club. The Mayor noted that 3 years ago the Federated Womens Club wrote letters to community leaders asking them to submit a design for a community quilt in honor of the centennial. He noted that the designs have now been transformed into squares for the quilt. The quilt was then presented to the City, and it will be displayed at the Senior Center. CONSENT WOODS MOVED that Consent Calendar Items 3A through CALENDAR 30 be approved. Item 3P has been removed at the request of Councilmember Dowell. Johnson seconded and the motion carried. 1 July 17, 1990 MINUTES (CONSENT CALENDAR - ITEM 3A) Approval of Minutes. APPROVAL of the minutes of the regular Council meeting of July 3 , 1990. HEALTH AND (CONSENT CALENDAR - ITEM 3D) SANITATION Fred Meyer. ACCEPTANCE of the bill of sale and war- ranty agreement submitted by the Roundup Company for continuous operation and maintenance of approximate- ly 626 feet of water main extension, 609 feet of street improvements and 1, 719 feet of storm sewer improvements constructed in the vicinity of S.E. 240th and 100th Ave. S.E. for the Fred Meyer store, waiver of the one-year maintenance period and release of the cash bond. (CONSENT CALENDAR - ITEM 3E) Hemlock Acres No. 17 . ACCEPTANCE of the bill of sale and warranty agreement submitted by Sunset Enterprises, Inc. for continuous operation and maintenance of approximately 522 feet of water main extension, 495 feet of sanitary sewer extension, 534 feet of street improvements and 353 feet of storm sewer improvements constructed in the vicinity of 114th Place S.E. and S.E. 240th street for the Hemlock Acres No. 17 project and release of the cash bond after expiration of the one-year maintenance period. (CONSENT CALENDAR - ITEM 3F) Hunters Run Too. ACCEPTANCE of the bill of sale and warranty agreement submitted by Schneider Homes, Inc. for continuous operation and maintenance of approximately 851 feet of sanitary sewer improve- ments constructed in the vicinity of S.E. 229th and 116th Ave. S.E. through the Hunters Run Too project and release of the cash bond after expiration of the one-year maintenance period. (CONSENT CALENDAR - ITEM 3G) Wildberry. ACCEPTANCE of the bill of sale and war- ranty agreement submitted by Classic American Homes for continuous operation and maintenance of approxi- mately 1, 319 feet of water main extension and 2 , 801 feet of sanitary sewer improvements constructed in the vicinity of S. 233rd Place and 94th Ave. S. in the plat of Wildberry and release of the cash bond after expiration of the one-year maintenance period. 2 July 17, 1990 HEALTH AND (CONSENT CALENDAR - ITEM 3H) SANITATION Shannon Short Plat. ACCEPTANCE of the bill of sale and warranty agreement submitted by Terhune Homes, Inc. for continuous operation and maintenance of approximately 607 feet of water main extension, 246 feet of sanitary sewer extension and 398 feet of storm sewer improvements constructed in the vicinity of S. 272nd St. and 46th Ave. S. of the Shannon Short Plat and release of the cash bond after expi- ration of the one-year maintenance period. WATER (CONTINUED COMMUNICATIONS - ADDED ITEM 6A) Kent Springs Transmission Main. Charles Kiefer stated the City' s DNS statement was not sent to the Army Corps of Engineers in April, 1988 and noted that Kent operated under the 1984 version of SEPA. He stated that his attorney and Jim Harris had ex- changed letters and asked that these be made a part of the record. A motion was so made and passed, but no letters were received by the City Clerk. Williamson briefly described the background, clari- fying that the Corps erroneously advised the City that it did not have jurisdiction over any portion of the project. Now the Corps has changed its stand and that there was no intended misrepresentation on the part of the City or the City' s consultant. At this time the Corps has jurisdiction over a portion of Phase II of the project. The bid award was therefore withdrawn and a new call for bids is to be advertised for Phase I of the project. He asked that the SEPA official, Jim Harris, incorporate, by reference, the earlier DNS, now in the possession of the court, for Phase I of the project, which contains no wetlands. Williamson noted that Harris ' earlier letter addressed the reconsideration issue. He stated that he will respond to the letter sent by Kiefer' s attorney and suggested that that response be made a part of the record. Harris stated that he had responded to Kiefer' s attorney. Kiefer asked to have the techni- cal terms of the Washington Administrative Code (WAC) explained and Mayor Kelleher asked Williamson to meet with Kiefer. It was clarified for Kiefer that the annexation laws permitted the City to annex Kent Springs in 1984 without a public hearing. 3 July 17 , 1990 TRAFFIC (PUBLIC HEARINGS - ITEM 2B) CONTROL Six Year Transportation Improvement Plan 1991-1996_. This date has been set for a public hearing on the update of the City' s Six Year Transportation Im- provement Plan. Marty Nizlek, Transportation Engineering Supervisor, noted that they had looked at traffic safety, traffic congestion and traffic signals, and that the first year of the plan in- cludes the new corridor projects. The Mayor opened the public hearing. Charlie Kiefer, 10926 S.E 274 Street, voiced concern about the number of stop lights on the Crow Road bypass. White explained that the stop lights allow north-south traffic to cross. Kiefer asked that the City study the busi- ness bypass before adopting the plan. Upon a question from Johnson, Kiefer noted that he is not in favor of the 277th corridor. John Kiefer en- couraged the City to study the 264th bypass issue. Wickstrom noted that Items 6 and 13 in the plan refer to the business bypass. Tracy Faust, 5216 S. 212th, requested that a traffic bulge be placed at Frager Road to slow traffic. She noted that a traffic signal would back up traffic. There were no further comments and WHITE MOVED to close the public hearing. Woods seconded and the motion carried. WHITE MOVED that Resolution 1251 be adopted approving the 1991-1996 Six Year Transporta- tion Improvement Plan. Woods seconded. White explained that this is an on-going plan, and that he will pursue tonight' s suggestions with staff at committee meetings. The motion then carried. REZONE (OTHER BUSINESS - ITEM 4A) Kent East Corporate Park Rezone No. RZ-90-4. This meeting will consider the Hearing Examiner' s condi- tional approval of an application by Trammell Crow Company to rezone a portion of a 43 acre site from GWC, Gateway Commercial , to M-2 , Limited Industrial. The property is located generally south of S. 212th, east of 84th Ave. S . , north of S . 218th St. , and abuts the west side of SR 167 . Planning Director Harris pointed out the location on the map and de- scribed the rezone request. JOHNSON MOVED to accept the findings of the Hearing Examiner to adopt the Hearing Examiner's recommendation of approval of the Kent East Corporate Park Rezone No. RZ-90-4 with one 4 July 17 , 1990 REZONE condition and to direct the City Attorney to prepare the necessary ordinance. White seconded and the motion carried. (OTHER BUSINESS - ITEM 4C) South 212th St. Rezone No. RZ-90-2 . This public meeting will consider the Hearing Examiner's recom- mendation of denial of an application by Lawrence M. Campbell to rezone 7 . 76 acres from CM-1, Commercial Manufacturing, to M-2 , Limited Industrial . The property abuts the south side of S. 218th St. from approximately 820 feet east of 84th Ave. S. to the Drainage District No. 1 drainage ditch. Mr. Campbell has filed an appeal, which is shown as Public Hearing Item No. 2A. Harris clarified that the Hearing Examiner' s recom- mendation is for denial. JOHNSON MOVED to accept the findings of the Hearing Examiner, and to adopt the Hearing Examiner's recommendation of denial of S . 218th St. Rezone No. RZ-90-2 . Woods seconded and the motion carried. REZONE APPEAL (PUBLIC HEARINGS - ITEM 2A) Appeal - S. 218th St. Rezone. This public hearing was scheduled to consider an appeal by Lawrence M. Campbell from the Hearing Examiner' s recommendation of denial of an application as described above. The City Clerk noted that on this date Mr. Campbell sub- mitted a letter to withdraw the appeal, and the Mayor so ordered. The letter has been filed for the record. ZONING CODE (CONSENT CALENDAR - ITEM 3I) AMENDMENT Tree Preservation Ordinance. ADOPTION of Ordinance 2932 modifying the tree preservation ordinance, amending Ordinance 2452 , as approved by the Council at the July 3 meeting. FINAL PLAT (CONSENT CALENDAR - ITEM 3K) Hemlock Acres No. 17 Final Plat No. SV-88-3. AUTHOR- IZATION to set August 7, 1990 for a public meeting to consider the Hemlock Acres No. 17 final plat. The property is approximately 4 . 15 acres in size and is located on the north side of S. 240th St. approx- imately 500 feet west of 116th Ave. S.E. 5 July 17 , 1990 POLICE (CONSENT CALENDAR - ITEM 3C) Drinking Driver Task Force. ACKNOWLEDGEMENT of a contribution in the amount of $200 from Kent Valley Youth Services for the 1990 Youth Conference. (CONSENT CALENDAR - ITEM 30) Solicitation for Purchase of Narcotics. ADOPTION of Ordinance 2933 making it a crime to offer to sell or purchase narcotics. (CONSENT CALENDAR - ITEM 3L) Sole Source Purchase of Electronic Home Detention Equipment - Resolution. APPROVAL of Resolution 1252 authorizing the Mayor to sign resolution relating to the sole source purchase of Electronic Home Deten- tion (Horne Arrest) Equipment for the Kent Police Department as recommended by the Public Safety Com- mittee. The Kent Police Department Corrections Division has been authorized the purchase of certain in-house monitoring system equipment. It has been concluded that there is only a single regional source of supply and manufacture of this system, and that such company is also the only source capable of providing for maintenance, parts, service, training and war- ranty work on such system. PERSONNEL (CONSENT CALENDAR - ITEM 3P) REMOVED BY COUNCILMEMBER DOWELL City Attorney's Office Staff. AUTHORIZATION to hire outside legal assistance and secretarial support to provide prosecutors ' s services on an interim basis pending the hiring of a permanent City Attorney. Based on expenditures to date the Finance Department believes these expenditures toaling $19 , 457 for the interim period can be covered within the existing budget. Full analysis upon the hiring of a perma- nent City Attorney may require additional budget authorization. Upon Dowell ' s question, Williamson said that the in- terim personnel will be able to handle the present caseload. Houser noted that this had been discussed at the Operations Committee meeting. She also stat- ed that it is their desire to have the new City Attorney hire the prosecutor. Williamson stated 6 July 17 , 1990 PERSONNEL that he has hired Ann Orcey on a temporary contract basis for $15. 00 per hour, and that there will be another attorney hired for $14 . 00 per hour. He noted that he had recently received a letter inform- ing him that there will be a double set calendar on Mondays from now on and that the public defender contract did not anticipate this. Therefore, the amount is not reflected in the $19, 457 figure, but Williamson will try to work it out administratively within the budget if possible. DOWELL THEN MOVED for approval of Item 3P. Woods seconded and the motion carried. CITY HALL (CONSENT CALENDAR - ITEM 3M) Window Washing Contract. As recommended by the Operations Committee, AUTHORIZATION to sign an agreement with Quality Building Maintenance for window washing services at City Hall, Library, Shops and the Senior Center Building. (CONSENT CALENDAR - ITEM 3N) Elevator Service Contract. AUTHORIZATION to have the Mayor sign a renewal contract with A & M Elevators, Inc. for maintaining elevators at a cost of $2 , 736 annually as recommended by the Operations Committee. (BIDS - ITEM 5A) Council Chamber sound System Bids. Bids received for the Council Chamber sound system are as follows: Muzak $ 9, 866. 00 Dimensional Communications 9, 867 . 00 London Controls 10,776 .96 Atronics 11, 101. 00 Electrocom 14 , 962 . 00 Muzak bid the system as specified by the consultant, without changes, and it is recommended that this bid, as low bid, be accepted. HOUSER SO MOVED. White seconded and the motion carried. BUDGET (PUBLIC HEARINGS - ITEM 2C) 1991 City of Kent Budget. This date has been set to receive public input for items to be considered in developing the 1991 Budget. The input will be in- cluded with department requests for Council prior- itization at an all day work session on August 9 at 7 July 17 , 1990 BUDGET the Kent Senior Center. Finance Director McCarthy noted the calendar of meetings and future hearings involving the budget. The Clerk noted receipt of a letter from the Chamber of Commerce, copies of which were distributed to the Council . The public hearing was opened by Mayor Kelleher. Suzette Cook stated that the Chamber recommended that the reserve fund be allowed to grow so as to total 12% of the City' s budget. She noted also that the City should con- sider supporting, through a contingency fund, a program for youth, such as the School District' s "Youth at Risk" program. There were no further comments from the audience and the hearing was closed. It is proposed that addi- tional hearings on the budget will be held at Council meetings of August 21 and November 6. FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Bills. APPROVAL of payment of the bills received through July 20, 1990 after auditing by the Operations Committee at its meeting at 2 : 00 p.m. on July 24 , 1990. i Approval of checks issued for vouchers: Date Check Numbers Amount 6/29 - 7/13/90 93799 - 93819 $ 247 , 378 . 99 7/16/90 93820 - 94315 2 , 685, 160 . 40 $2 , 932 , 539 . 39 Approval of checks issued for payroll : Date Check Numbers Amount 7/5/90 137856 - 138638 $818 , 777 . 28 (CONSENT CALENDAR - ITEM 3J) Central Telephone System Upgrade. APPROVAL to transfer $80, 000 from 1991 CIP accounts to 1990, to City Hall upgrade the City' s central telephone system as recommended by the Operations Committee. Due to new construction, growth and remodeling of existing facilities, the existing central telephone system is rapidly approaching its capacity levels. 8 July 17 , 1990 FINANCE (OTHER BUSINESS - ITEM 4B) CLID 328/334 Bond Ordinance and Purchase Contract. Finance Director McCarthy noted that the City' s Bond Counsel has prepared Ordinance 2931, providing for the issuance of bonds for Consolidated Local Im- CLID 328/334 provement District 328/334 in the amount of $1, 697, 303 .49. These bond proceeds will be used for the construction of improvements on West Valley Highway between S. 189th and 212th St. and for a sanitary sewer line improvement in the neighborhood of 121st Ave. S.E. and S.E. 276th St. Approval of the purchase contract with Shearson Lehman Hutton, Inc. is a part of the ordinance. The Operations Committee and the Finance Director have recommended approval . HOUSER MOVED to adopt Bond Ordinance 2931 and to authorize the Mayor to sign a purchase contract for CLID 328/334 with Shearson Lehman Hutton, Inc. Woods seconded and the motion carried. EXECUTIVE At 8 : 30 p.m. the Mayor called an executive session SESSION to last approximately 20 minutes regarding litiga- tion. At 8 : 50 p.m. the executive session was extended for another ten minutes. The Council reconvened at 9 : 00 p.m. and Interim City Attorney Williamson suggested that an appropriate motion would be to dismiss certain claims with prejudice and to strike a trial date in the matter of Embar Kent Limited Partnership versus the City of Kent. This would essentially consolidate this case, which is an existing King County Superior case, with another sister companion case with which this case should have been joined. It would, in effect, bind the parties to the outcome of the current case in the Court of Appeals, which is Kentview Properties versus the City of Kent. It would dismiss damage and taking claims against the City with prejudice, upon entry of that order and it would, in effect, allow the trial court to continue its jurisdiction so it could examine the binding effect of the Court of Appeals ' decision. He clarified for Mayor Kelleher that the two cases are hearing the same issues. WOODS MOVED to pursue the action described by Williamson. Johnson second- ed and the motion carried. 9 July 17 , 1990 ADJOURNMENT The meeting was adjourned at 9: 05 p.m. 1 Marie Jensen, CMC City Clerk 10