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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 03/05/1991 Kent, Washington March 5, 1991 meeting of the Kent City Council was called to order at Regular g y 7:.00 p.m. by Mayor Kelleher. Present: Councilmembers Dowell, Houser, Johnson, Mann, Orr, White and Woods, City Administrator Chow, City Attorney Lubovich, Planning Director Harris, City En- gineer Gill, Fire Chief Angelo, Police Captain Chuck Miller, Fi- nance Director McCarthy, Information Services Director Spang, As- sistant City Administrator Hansen, Personnel Director Olson and Acting City Clerk Jacober. Public Works Director Wickstrom and Parks Director Wilson were not in attendance. Approximately 80 people were at the meeting. FLAG SALUTE Members of Boy Scout Troops 405 and 413 led the audience in the Pledge of Allegiance. PUBLIC Employee of the Month. Mayor Kelleher announced COMMUNICATIONS that Laurie Murray of the Finance Department has been selected as the Employee of the Month for March. He noted that Ms. Murray is praised by her peers and co-workers for her excellent work per- formance and positive attitude, and that she per- forms her job with speed, accuracy and a wonder- fully supportive attitude. Finance Director McCarthy pointed out that Ms. Murray worked many hours to implement the new Payroll/Personnel Man- agement System, and has mastered the complex com- puter system in a short time. He commended her for her fine work and offered congratulations. CONSENT WOODS MOVED that Consent Calendar Items A through CALENDAR P be approved. Orr seconded and the motion car- ried. MINUTES (CONSENT CALENDAR - ITEM 3A) Approval of Minutes. Approval of the minutes of the regular Council meeting of February 19 , 1991. WATER (CONSENT CALENDAR - ITEM 3K) Fencing of Kent Water Sources. AUTHORIZATION to transfer $290, 000 from the Water Operating Fund to the fencing of Kent's water sources project, as recommended by the Public Works Committee and IBC. (CONSENT CALENDAR - ITEM 3L) Scenic Hill Elementary School Master Meter. AU- THORIZATION for Scenic Hill Elementary School to use their existing three-inch water meter as a master meter to service an existing building plus 1 March 5, 1991 WATER classroom addition, as recommended by the Public Works Committee. SEWERS (CONSENT CALENDAR - ITEM 3E) LID 338 Westview Terrace/McCanns Westview Sanitary Sewer. ADOPTION of Resolution 1272 setting April 2 as the date for a public hearing on the forma- tion of LID 338. STREETS (CONSENT CALENDAR - ITEM 3I) LID 336 East Valley Highway Improvements. ADOP- TION of Resolution 1273 setting April 2 as the date for a public hearing on the formation of LID 336. (CONSENT CALENDAR - ITEM 3J) LID 336 East Valley Highway Improvements. ADOP- TION of Ordinance 2966 authorizing condemnation for rights-of-way required to proceed with con- struction LID 336, as recommended to the Public Works Committee. (CONSENT CALENDAR - ITEM 3N) LID 335 - 77th Avenue Street Improvements. ADOP- TION of Ordinance 2967 authorizing condemnation for rights-of-way required to proceed with con- struction of LID 335, as recommended to the Pub- lic Works Committee. (CONSENT CALENDAR - ITEM 30) 1O4th Avenue S.E. and S.E. 256th Street Improve- ments. ADOPTION of Ordinance 2968 authorizing condemnation for rights-of-way required to pro- ceed with construction of intersection improve- ments at 104th Avenue S.E. and S.E. 256th, as rec- ommended to the Public Works Committee. (CONSENT CALENDAR - ITEM 3P) South 228th Street Improvement. ADOPTION of Ordi- nance 2969 authorizing condemnation for rights-of- way required to proceed with construction of street improvements on South 228th Street, as rec- ommended to the Public Works Committee. STREET (PUBLIC HEARINGS - ITEM 2A) VACATION Pacific Ventures Street Vacation STV-90-5. This is a continuation of a public hearing held Febru- ary 5, 1991 on an application made by Pacific Ven- 2 March 5, 1991 STREET tures Inc. to vacate a portion of South 212th VACATION Street (STV-90-5) as mentioned in Resolution 1264. This is located at the 8700 block of South 212th Street. Planning Director Harris noted that originally staff had recommended approval if the City re- ceived an easement for ingress and egress, but that the City Attorney has advised against that. He said that staff, therefore, recommends denial of the vacation. He pointed out for White that the Bowen Business Center does have other access points. The Mayor declared the public hearing open. John Hendrickson, Suite 1700, Security Pacific Plaza, Bellevue, Wa. , Attorney for Pacific Ventures, noted that they had not received notice of the Bowen street vacation which was approved in 1987 by Ordinance 2694, a copy of which he distributed to the Council. He noted that there have been problems with parking and trespassing by tenants and visitors to the Bowen Center, and requested that the Council grant the vacation. He submit- ted a letter containing proposed language for the Council to. consider, which reserves the utility right easements. He noted that the City presently owns the property and is, therefore, in a liabili- ty position as to damage, vandalism and trespass. Milton Lem of the Transpo Group, 14715 Bel Red Road, Suite 500, Bellevue, stated that they were retained by Pacific Ventures to study the situa- tion and that they found that the two major items occurring at the driveway were trespassing on the Pacific Ventures site and overflow parking by pa- trons of the Bowen Center because of inadequate parking on the Bowen site. He noted that closing the access would eliminate trespassing and dis- courage use of Pacific Ventures parking. Hen- drickson clarified that they are not proposing to close the access between the two properties .but to vacate the right-of-way. He submitted copies of a letter from the Kent Fire Department which stated that fire access would not be significantly af- fected by closure of the access between the two properties. 3 March 5, 1991 STREET Laurason Hunt, Suite 300, MGM Building, Bellevue, VACATION Attorney for Bowen Business Center, noted that Pa- cific Ventures erected a fence last June across and the exit in an attempt to shut off the access, an that the fence was removed bcivil lnt itigation be- noted that there is pending tween Pacific Ventures and Bowen Business Center l with trespassing and which was commenced to dea nuisance. Hunt noted that Pacific Ventures had been contacted prior to the vacation and asked to join in, but they refused. Hunt distributed to the Council copies of the ordinance granting the Bowen vacation. He noted that the trespass de- pends on how wide a swing a driver makes to exit, but that it was constructed that way by Bowen Bus- iness Center at the request of the City of Kent. He stated that there is no evidence that this exit is dangerous, and urged the Council to deny the vacation. Hendrickson noted for Dowell that the property owner purchased the Pacific Ventures site in 1973 , and upon Johnsonrgoverltheiroproperty. that this would give them contol Harris said that although his memo of 1/29/91 rec- ommends approval with conditions, the legal de- partment has done further research and advises a- gainst approval. Orr questioned whether the City would be required to reimburse Bowen Business Center for improve- ments they had made. Hendrickson noted that Paci- fic Ventures had made improvements which were sub- sequently removed. He also noted that Transpo' s study had indicated that there would be no safety, fire or traffic hazards and that the other acces- ses are safe. Hunt replied that if the access were shut down, traffic would be moved to the other locations. Rodney Hanson, 95 Kirkland Avenue, Kirkland, Pres- ident of Bowen Business Center, distributed copies of a letter to the City' s Property Manager dated November 21, 1990, objecting to the vacation. He also distributed photos of the access when it was blocked off. He read a letter to Planning sDired Direc- tor Harris dated December 11, 1990, which ta that they do not feel the City should vacate the property to Pacific Ventures exclusively. WHITE 4 March 5, 1991 STREET MOVED to make all correspondence received on this VACATION issue a part of the record. Woods seconded and the motion carried. Hanson pointed out that it was the City's recommendation to have a second exit on 212th. MANN MOVED to close the public hearing. Woods seconded and the motion carried. WHITE. MOVED to approve the Planning Department' s recommendation of approval with 3 conditions, de- leting line 3 of condition 3 which would read"re- tain easement rights over, upon and under .the area proposed for vacation for utility and including the right to grant said rights to others'; and to vacate the portion of S. 212th Street and direct the City Attorney to prepare the necessary ordi- nance upon receipt of compensation. Johnson sec- onded. City Attorney Lubovich pointed out that this is an old recommendation. White said he would like to grant this vacation and allow the parties to pursue their legal claims in a court of law. He said he was almost hit in that driveway and is concerned about the safety of the crossing. He said the vacation should be granted and the City should retain utility rights. Harris again explained that he has changed the recommendation to denial. The Mayor pointed out that the staff recommendation upon which White' s motion is pat- terned is no longer an operative staff recommenda- tion. Dowell noted that the Planning staff has recom- mended denial, and that granting the vacation may give an unfair advantage to one party. Orr con- curred. Houser pointed out that there is also a safety factor to consider. Woods noted that the City made a commitment to work with Bowen Business Center in best interest of the City at the time and to turn that decision back is not appropriate. White's motion then failed with only Johnson and White in favor. WOODS MOVED to accept the Plan- ning Department's recommendation of disapproval on the Pacific Ventures Street Vacation STV-90-5. Houser seconded. White asked that when staff' s recommendation is changed in the future, it be in- cluded in the packets. The motion carried with White opposed. 5 March 5, 1991 TRAFFIC (CONSENT CALENDAR - ITEM 3M) CONTROL SR 516 and SR 167 Signal Modifications. ACCEP- TANCE as complete of the contract with Signal Electric for construction of the SR 516 and SR 167 signal modifications and release of retainage af- ter receipt of State releases. S. 252ND (OTHER BUSINESS - ITEM 4D) RIGHT-OF-WAY (ADDED ITEM) S. 252nd Right-of-Way. Bob Brown, 2911 S. 252nd, noted that Police have recently been ticketing cars parked on the right-of-way between 252nd and the Midway Landfill. He noted that residents of the area have been parking in this location for many years, and said he feels there should have been warning before the tickets were issued. Brown also discussed landscaping of the right-of- way. He pointed out that the City of Seattle has worked with the residents of the area on a land- scaping plan, but that their plans have been re- jected by the City of Kent. He was told that the City has an ordinance which prohibits cutting of trees over 14 ' high in a right-of-way. He asked that the Council direct the Planning Staff to let Seattle proceed with the preferred landscaping plan. The Mayor suggested referring the parking issue to the Public Safety Committee and the land- scaping policy to the Planning Committee for a recommendation to the Council. It was agreed that the Planning Committee would set up a special meeting to discuss this item. George Wigginton, S. 252nd, . stated that the cottonwoods should be taken down. Donald Barnes, 2907 S. 244th, con- curred. Craig Bergham, 2933 S. 252nd, noted that the trees are dangerous because their roots have been cut off. JOHNSON MOVED that the Planning Director be authorized and directed to make a de- termination as to whether the trees can be removed and whether the preferred landscaping plan can be implemented, and that the plan be implemented if there are no legal problems. White seconded and the motion carried. It was then clarified that the special meeting of the Planning Committee is no longer necessary. Jim Holloway, 25213-29th Avenue S. , pointed out that the parking tickets need to be paid within 15 days, and urged the Council to act soon. Mann confirmed that he will schedule a meeting as soon as possible. 6 March 5, 1991 ANNEXATION (OTHER BUSINESS - ITEM 4E) (ADDED ITEM) East Hill Annexation. John Kieffer, 11048 S.E. 274th, noted that he has received a Notice of In- tention to Commence Annexation Proceedings from the Public Works Department and asked for an ex- planation. City Engineer Gill explained that the Legal Department has recommended that new forms containing a general geographic boundary be filled out, since the previous forms did not include any boundaries. He noted that it is a standard agree- ment and that anyone who requests utility service is asked to sign it. City Attorney Lubovich clar- ified that there is not currently an annexation process under way. Harris, Gill and Lubovich a- greed to meet with Mr. Kieffer to answer his ques- tions. PRELIMINARY (OTHER BUSINESS - ITEM 4A) SUBDIVISION Walnut Ridge Preliminary Subdivision No. SU-90-5. This meeting will consider the Hearing Examiner's recommendation of conditional approval of an ap- plication by Douglas W. Graef and William Curran, Sr. for a 12-lot single-family residential prelim- inary subdivision. The property is located south and west of 9631 So. 242nd Street, Kent, Washing- ton. There were no comments from the audience. JOHNSON MOVED to accept the findings of the Hear- ing Examiner; to adopt the Hearing Examiner' s rec- ommendation of approval with 17 conditions of the Walnut Ridge No. SU-90-5, 12-lot single-family residential preliminary subdivison. White second- ed and the motion carried. FINAL PLAT (CONSENT CALENDAR - ITEM 3H) Garrison Creek II Final Plat No. SU-90-1. AUTHOR- IZATION to set March 19, 1991 for a public meeting to consider Garrison Creek II Final Plat map. The property is approximately 4 . 6 acres in size and is located on the south side of So. 218th Street at 95th Place South. DEPT. OF (CONSENT CALENDAR - ITEM 3G) ECOLOGY Wetlands Education Grant. AUTHORIZATION to accept an $8, 000 grant from Washington State Department of Ecology with a $1, 200 match from the City, as recommended by the Planning Committee. This 7 March 5, 1991 DEPT. OF $1, 200 has no additional City funds required, as ECOLOGY it is part of the existing 1991 Planning Depart- ment Budget. PLANNING (CONSENT CALENDAR - ITEM 3D) COMMISSION Planning Commission. CONFIRMATION of the Mayor' s APPOINTMENT appointment of Edward Heineman, Jr. to the Kent Planning Commission replacing Colleen Miller, whose term has expired. LIBRARY (CONSENT CALENDAR - ITEM 3F) BOARD APPT. Library Board of Directors. CONFIRMATION of the Mayor' s appointment of Carlita Dreblow to Kent Li- brary Board of Directors replacing Laurel White- hurst who resigned. CITY SHOPS (BIDS - ITEM 5A) Automated Security Gate. Bid opening was held February 15 with two bids received. The low bid was submitted by Automated Equipment in the amount of $18, 224 . 13 for Option A as outlined in the bid documents. Staff recommends that this bid be ac- cepted. WHITE MOVED that the bid submitted by Automated Equipment in the amount of $18 , 224 . 13 for Option A of automated security gate be accepted. Woods seconded and the motion carried. POLICE (CONSENT CALENDAR - ITEM 3C) King County Interlocal Animal Control Services Contract. AUTHORIZATION of a new contract with King County Animal Control to be the enforcement agency within the City of Kent for animal control violations Code 9 . 16. PARKS & (OTHER BUSINESS - ITEM 4B) RECREATION King County Hotel/Motel Cultural Fund Grant Con- tract. The Parks Department requests acceptance of $15, 000 King County Hotel/Motel Cultural Fund Grant Contract for City of Kent Performing Arts Center Task Force' s cultural plan and cultural center feasibility study project. DOWELL MOVED for the acceptance of the $15, 000 King County Hotel/Motel Cultural Fund Grant Con- tract. Mann seconded and the motion carried. 8 March 5, 1991 FINANCE (CONSENT CALENDAR - 3B) Approval of Bills. Approval of payment of the bills received through February 28 , 1991 after auditing by the Operations Committee at its meet- ing at 4 : 45 p.m. on March 12 , 1991. Approval of checks issued for vouchers: Date Check Numbers Amount 2/19-2/27/91 101985-102020 $ 478, 089 . 85 2/28/91 102021-102540 593 , 366. 70 $1, 071,456. 55 Approval of checks issued for payroll: Date Check Numbers Amount 3/5/91 1151374-1152069 $ 591, 524 . 63 (OTHER BUSINESS - ITEM 4C) CLID 331/335 Bond Ordinance and Purchase Contract. Finance Staff requests adoption of Bond Ordinance 2965 and authorization for the Mayor to sign a purchase contract in the amount of $1, 543 , 980. 17 for CLID 331/335 bonds. These bond proceeds will be used for the widening and improvement of SE 240th Street from 108th Avenue S.E. to 116th Ave- nue S.E. and improvements of 77th Avenue South from 212th to South 202nd and South 206th to the 77th Avenue South to the west end of the railroad tracks including water and sewer improvements. The final assessment rolls for these LIDS have been adopted and the 30-day pre-payment period has elapsed. The purchase contract with Lehman Bro- thers is at a net interest cost of 6.73 percent and has a gross underwriting spread of $19 per thousand dollar bond. This results in an average coupon of 6. 38 percent and an assessment to pro- perty owners of 6. 88 percent. Finance Director McCarthy noted that market condi- tions have changed and that the rates are now slightly higher: a net interest cost of 6.78%, an average coupon rate of 6 . 43%, and an assessment to property owners of 6. 93%. He recommended accep- tance of these rates. HOUSER MOVED for the adop- tion of Bond Ordinance 2965 with authorization for 9 March 5, 1991 FINANCE the Mayor to sign the purchase contract with Lehman Brothers. Woods seconded and the motion carried. REPORTS Council President. Woods reported that the Subur- ban Cities meeting will be held on March 20 and asked Councilmembers to make dinner reservations through Administration. Public Works Committee. White noted that he has asked the Public Works staff to arrange a presen- tation by the Robbins Company in regard to tunnel technology as an option on East and West Hills. Planning Committee. Johnson noted that the Plan- Committee has asked that Council discuss wa- ter and sewer extensions outside the city limits at the next Council meeting, as well as traffic mitigation for new plats in the county. EXECUTIVE At 9: 00 p.m. , the Mayor announced an executive SESSION session of approximately 20 minutes to discuss solid waste litigation. Dowell recommended that executive sessions be held only in emergency situ- ations. Johnson suggested polling Councilmembers in advance, and Mann noted that all executive ses- sions he has attended have been necessary. The executive session then began. The meeting reconvened at 9 : 30 p.m. HOUSER MOVED to approve the preliminary settlement with Kent Disposal and Tri Star Disposal in principle and to schedule a public hearing at the next regular Council meeting to receive public input on the proposed settlement, and to direct the City Attor- ney and Special Counsel to prepare the necessary documents affecting the proposed settlement. Mann seconded and the motion carried. ADJOURNMENT The meeting then adjourned. 17 C-1 Brenda Jacober, CMC Acting City C1 rk 10