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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 03/19/1991 Kent, Washington March 19, 1991 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, City Attorney Lubovich, Planning Director Harris, Public Works Director Wickstrom, Finance Director McCarthy, Fire Chief Angelo, Acting Police Chief Byerly, Assistant City Administrator Hansen, Information Services Director Spang and Acting City Clerk Jacober. Personnel Director Olson and Parks Director Wilson were not in attendance. Approximately 50 people were at the meeting. CONSENT WOODS MOVED that Consent Calendar Items A through CALENDAR Q be approved, with the exception of Item 30 which was removed by Councilmember Dowell. Orr seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 3A) Approval of Minutes. Approval of the minutes of the regular Council meeting of March 5, 1991. HEALTH & (CONSENT CALENDAR - ITEM 3J) SANITATION Kent West Corporate Park. ACCEPTANCE of the bill of sale and warranty agreement submitted by Twenty Valley West Limits for continuous operation and maintenance of approximately 838 feet of water main extension, 1, 276 feet of sanitary sewer ex- tension, 920 feet of storm sewer improvements con- structed in the vicinity of 64th Avenue South and South 216th Street and release of cash bond after expiration of the one-year maintenance period. (CONSENT CALENDAR - ITEM 3K) Frazier Short Plat. ACCEPTANCE of the bill of sale and warranty agreement submitted by Litowitz Construction, Inc. for continuous operation and maintenance of approximately 363 feet of water main extension constructed in the vicinity of South 243rd Street and Military Road and release of cash bond after expiration of the one-year maintenance period. SEWERS (CONSENT CALENDAR - ITEM 3I) LID 339 - Hilltop Sanitary Sewer. ADOPTION of Re- solution 1274 setting April 16 as the date for a public hearing on the creation of LID 339, as recommended by the Public Works Committee. 1 March 19 1991 M , UTILITIES (CONSENT CALENDAR - ITEM 30) (REMOVED BY COUNCILMEMBER DOWELL) Outside Sewer and Water Connections. ADOPTION of Resolution 1275 declaring a moratorium on the Ci- ty's extension of sewer and water services to pro- perty for development purposes located outside of incorporated limits. JOHNSON MOVED for adoption of Resolution 1275. White seconded. Dowell said he feels the City should continue to provide services while working with the County. He voiced concern regarding pub- lic safety and urged the Council not to pass the resolution. Johnson said the purpose of the reso- lution is to foster negotiations with the County about land use issues. Mann agreed with Dowell, and felt this resolution would be detrimental in negotiations with the County. Orr pointed out that this resolution would not stop development, since thousands of housing units have already been promised sewer and water. Fire Chief Angelo said that currently, if there is not an adequate water supply, development is denied by the County. Hou- ser pointed out that the resolution states that the City of Kent shall not accept new applications from any property owner for the extension of water and sewer outside the City for development, plat- ting, short platting and/or rezoning. She said this gives the City control until urban growth boundaries are determined. Angelo noted for Dowell that many pre-existing buildings do not have sufficient fire protection, and the City' s tanker is used in those cases. Orr pointed out that people with failing wells or septic systems could be granted water and sewer with this reso- lution in place because they are existing develop- ments. She answered for Dowell that this resolu- tion is not intended to stop growth, and that it is a temporary measure. White said that the Coun- cil has long recognized a problem with transporta- tion and yet has continued to extend utilities and add to the congestion outside the city limits. He said that the City has tried to work with the County and has gotten no response, and that these problems must be addressed. The motion to adopt Resolution 1275 carried with Dowell voting nay. 2 March 19, 1991 PUBLIC (CONSENT CALENDAR - ITEM 3M) WORKS 1990 Asphalt Overlay. ACCEPTANCE as complete of the contract with M. A. Segale for the 1990 As- phalt Overlay Project and release of retainage after receipt of State releases. (CONSENT CALENDAR - ITEM 3N) Canyon Drive Landslide. ACCEPTANCE as complete of the contract with Scocolo Construction for the Canyon Drive Landslide repair at 94th and release of retainage after receipt of the State releases. (BIDS - ITEM 5B) Underground Storage Tank Removal and Aboveground Tank Replacement. Bid opening was held February 15 with six bids received. The low bid was sub- mitted by R. W. Scott in the amount of $54,084 .85. After review of the bids and the project funding, it was determined that in order to award the con- tract it would be necessary to transfer $31,400 from the West Hill Pumping and Distribution Pro- ject Fund (W42) and $5,950 from the Riverview RV Park Sewer Project Fund (D52) . The Internal Bud- get Committee (IBC) has recommended approval of this transfer. WHITE MOVED that $31,400 be transferred from the West Hill Pumping and Distribution Project Fund, $5,950 from the Riverview RV Park Sewer Fund and that the project be awarded to R. W. Scott for the bid amount of $54, 084.85. Orr seconded and the motion carried. SOLID (PUBLIC HEARINGS - ITEM 2A) WASTE Solid Waste Utility Settlement. This public hear- ing is designed to consider the terms of a pro- posed settlement between the City of Kent, R.S.T. Disposal Co. , Inc. , and Kent-Meridian Disposal Company over a lawsuit filed by Kent for declara- tory judgment seeking resolution of the issues re- garding the rights of the parties to provide dis- posal services in Kent. City Attorney Lubovich asked the Council to pass an ordinance authorizing him to negotiate settle- ment of the litigation between the parties. Steve DiJulio, Special Counsel, noted that the settle-. ment is as follows: 3 March 19, 1991 SOLID The City of Kent would enter into contracts with WASTE Kent Disposal and Tri-Star for a period of 10 years. Residential services would be provided by Kent Disposal Service. Commercial service in the core of the city would be provided by Kent Dispos- al, and the remainder of the commercial areas of the city would be served by Tri-Star. The resi- dential recycling program would continue under the existing contract with Kent Disposal . The City will agree to allow the WUTC to continue their rate setting function with respect to commercial, the City will reserve its right to set rates with respect to residential service but may contract with the WUTC to provide residential rates. DiJulio noted that at the end of the 10-year peri- od, the City may continue to contract with either, both or none of the solid waste companies. The Mayor opened the public hearing. There were no comments from the audience and WHITE MOVED that the public hearing be closed. Woods seconded and the motion carried. DiJulio noted for the Mayor that the ordinance specifically authorizes execu- tion of the settlement. He noted for Dowell that the agreement specifically continues the City' s authority to impose its utility tax or other fees for solid waste handling. WHITE MOVED for passage of Ordinance 2970 authori- zing the City Attorney to negotiate a settlement of pending litigation pursuant to terms similar to the proposed settlement agreement. Houser second- ed and the motion carried. TRAFFIC (CONSENT CALENDAR - ITEM 3L) CONTROL Frager Road Guardrail. ACCEPTANCE as complete of the contract with Peterson Brothers, Inc. for the installation of guardrail along Frager Road at various locations and release of retainage after receipt of State releases. (CONSENT CALENDAR - ITEM 3P) Traffic Mitigation. ADOPTION of Resolution 1276 which directs the Planning, Public Works and Law Departments to pursue the appeal process of King County Developments, which impact the City's transportation system. 4 March 19, 1991 ZONING (CONSENT CALENDAR - ITEM 3Q) CODE Downtown Plan. ADOPTION of Resolution 1277 which AMENDMENTS authorizes the Planning Commission to hear the proposed downtown plan amendments to the zoning map and zoning text in lieu of the Hearing Exam- iner. FINAL (OTHER BUSINESS - ITEM 4A) PLAT Garrison Creek II Final Plat SU-90-1. This meet- ing will consider the final plat for Garrison Creek II Final Plat No. SU-90-1. The property is approximately 4 . 6 acres in size and is located on the south side of So. 218th Street and abuts pro- posed 95th Place South. Planning Director Harris noted that this plat has been to the Hearing Examiner and the Council as a preliminary plat and that the conditions which were applied by the Council have been complied with. JOHNSON MOVED to approve the staff approval for Garrison Creek II Plat No. SU-90-1 with condi- tions which were approved May 1, 1990 by the Coun- cil. Woods seconded. Jim Flick, 9408 S. 218th, stated that he lives a- cross the street from this development, and that when manuevering their equipment, the contractor caused damage to his driveway. He noted that he had spoken with the contractor who consequently repaired the damage, but that the repair job is inadequate. He distributed photos of the drive- way to the Council. Public Works Director Wick- strom noted that although this damage is not in the plat, he would look into the matter. He pointed out that the contractor has put up a bond and must complete the project to City' s satisfac- tion before it is accepted. Houser asked to be kept informed of the action taken on this issue. The motion to approve the plat then carried. Dowell noted receipt of a letter from James Ely of the LDS Church complimenting the people who work for the City of Kent and citing examples of prompt, caring and courteous work. DOWELL MOVED to make the letter a part of the record. White seconded and the motion carried. Orr noted re- ceipt of a letter from D. Eve Edens regarding the cutting of a tree on private property. MANN MOVED 5 March 19 , 1991 FINAL that the letter be made part of the record. Woods PLAT seconded and the motion carried. Mann asked that the staff address the issue and report back to the Council. SUBDIVISION (OTHER BUSINESS - ITEM 4D) CODE Park Dedication and Plats. This meeting will con- sider the adoption of Ordinance 2975 which amends the City of Kent Subdivision Code. The Planning Commission recommends that the City require land dedication or fees in lieu of land dedication for parks and open space in residential subdivisions. Planning Manager Satterstrom noted that growth and development create a demand for recreational faci- lities, and that this ordinance would require a subdivider to set aside a part of the subdivision for parks and open space. Linda Martinez , Vice- Chair of the Planning Commission, spoke in favor of the ordinance. She noted that the City has been requiring park dedication as part of plats, and that this would formalize the practice. Martinez and Satterstrom noted for Dowell that they have not received any input from citizens re- garding this. Satterstrom explained that develop- ers have not balked at the dedication of the pro- perty, but have asked for a method whereby they can make a payment in lieu of the dedication of land. He noted that in the case of dedication of the land, the City would take over ownership and maintenance. He said a third option would be a homeowner' s association, in which case the proper- ty would be privately maintained. He noted for Dowell that the formula for payment is 150% of the assessed value prior to its platting. He also noted that the developer is responsible for bring- ing the property into a condition that is accepta- ble to the City, and then the City would accept it and maintain it. Dowell pointed out that since these would be public parks, that neighbors across the street from the development could use the park without contributing anything. Upon Dowell ' s question about the constitutional aspect of taking property without compensation, Satterstrom noted that this requirement would not conflict with the just compensation clause. Dowell voiced concern that housing costs would go up to accommodate for the 5% dedication. 6 March 19, 1991 SUBDIVISION WOODS MOVED to adopt Ordinance 2975 as recommended CODE by the Planning Commission requiring land dedica- tion or fees in lieu of land dedication for parks and open space in residential subdivisions. Hou- ser seconded. WHITE MOVED that action on this is- sue be deferred for two weeks and that the matter be referred to the Parks Committee. The motion died for lack of a second. Upon Mann' s question, Satterstrom noted that the City' s liability is no greater than at any other park, and that most of the parks would be on East Hill. White noted that this item should have gone through the Parks Com- mittee and the Planning Committee before coming to Council. Dowell agreed and urged the Council not to pass the ordinance. He cited lack of public input, the cost of maintenance of the parks, the question of constitutionality on the taking of property, and the increased price of housing as reasons. Houser spoke in favor of the ordinance. Upon White' s question, Lubovich noted that the Le- gal Department is concerned that the formula is applied across the board without any consideration for multi-family versus single-family application, and that there is no criteria for determining when an impact or dedication is required. He noted that he does not feel it is unconstitutional . Mike Spence, Governmental Affairs 'Director and Le- gal Counsel for the Seattle/King County Associa- tion of Realtors, stated that he feels this is an unconstitutional taking of property. Orr pointed out that this ordinance is patterned after a King County ordinance. She also reiterated that the developer has three options, and that they have asked to be able to pay a fee in lieu of land de- dication. MANN MOVED to table this issue until the next Council meeting to allow time for more input. White seconded. The motion was defeated with only Mann, White and Dowell in favor. The motion to adopt Ordinance 2975 then carried with Orr, Houser, Woods and Johnson in favor and Mann, White and Dowell opposed. BUSINESS (OTHER BUSINESS - ITEM 4E) LICENSES Massage Parlor Licensing. Staff requests adoption of Ordinance 2976 exempting State licensed massage practitioners from having to obtain city permits but requiring those who run massage parlors or 7 March 19, 1991 BUSINESS public bathhouses to obtain a city business li- LICENSES cense. City Attorney Lubovich pointed out that this ordi- nance amends the current massage ordinance, which exempts certain types of facilities from the stringent registration requirements in the City. MANN MOVED for the adoption of Ordinance 2976 revising the regulations applicable to massage parlors and bathhouses. Houser seconded. Brenda ohrer, 25320 Lake Fenwick Road South, Kent, stated that she is a licensed massage practition- er: She noted that massage is a health care service and that no other health care providers are subjected to background checks, fingerprint- ing, and communicable or sexually transmitted dis- ease testing. She noted that the proposed ordi- nance provides exemptions for licensed massage practitioners, while retaining regulations which give law enforcement personnel the tools needed to keep unlicensed people from abusing the term "mas- sage" . She urged the Council to pass the ordi- nance. Mann's motion to adopt Ordinance 2976 then carried. FRANCHISE (OTHER BUSINESS - ITEM 4C) Olympic Pipeline Franchise. The new franchise a- greement for Olympic Pipeline to operate and main- tain their existing pipeline in City rights-of-way is being presented for introduction and discus- sion. This new franchise agreement is for a peri- od of ten years, contains substantial clauses re- garding hazardous substances, requires notifica- tion to the City in the event of accidental re- lease or accidents, requires a risk assessment to ensure structural integrity, provides for recovery of the City's administrative costs in processing this agreement and contains stringent indemnifica- tion and insurance requirements. Inasmuch as RCW 35A.47 . 040 states that "No ordi- nance or resolution granting any franchise in a code city for any purpose shall be adopted or passed by the city's legislative body on a day of its introduction. . . ", this agreement will be brought back before the Council on April 2 for a- doption. 8 March 19, 1991 FRANCHISE City Attorney Lubovich noted that this is a renew- al franchise agreement. He noted that the pre- vious agreement was for 15 years, but that this one is for 10 years and includes some hazardous waste provisions, modified fees, and does not provide for expansion on the system. WHITE MOVED that the franchise agreement for Olympic Pipeline be brought back before the Council on April 2 . Woods seconded and the motion carried. CABLE TV (CONSENT CALENDAR - ITEM 3C) Community Antenna Television Franchise Contract - Cable TV. AUTHORIZATION to enter into a contrac- tual relationship with 3-H Cable Communications Consultants to provide services outlined in con- tract to renew certain franchise ordinances with Tele-Communications, Inc. Finance Director McCarthy noted that the budget impact is $8, 653, and that those funds will be paid through cable franchising fees received by the City. (CONSENT CALENDAR - ITEM 3D) Community Antenna Television Franchise General Management Contract - Cable TV. AUTHORIZATION to enter into a contractual relationship with 3-H Ca- ble Communication Consultants to provide services outlined in contract, to inspect and analyze the technical operational effectiveness of the City' s present CATV franchise. CENTENNIAL (BIDS - ITEM 5A) CENTER Centennial Center Furnishings. The bid opening was held on February 22 with five bids received. The Bid Evaluation Committee unanimously recom- mends accepting the bid from Turnkey, the second lowest bidder, in the amount of $272 ,964 .41. Assistant City Administrator Hansen noted the se- lection committee chose the second low bidder for the following reasons: 1. The Mywest Product is not of the quality the City is looking for. 9 March 19, 1991 CENTENNIAL 2 . Drawer edges were PVC coated which does not CENTER hold up well over time. 3 . Panels did not meet minimum requirements for noise reduction. 4 . Panels did not appear to be able to stand up to reconfiguration and heavy use and abuse over the long haul. Upon the Mayor's question, Charlie Lindsey noted that there was only one bid which totally met the specifications and it was the high bid. He said the committee felt the best compromise was to go with the bid which met most of the bid specifica- tions and was within the budget. Hansen noted for White that Change Order No. 66 is for seven mis- cellaneous items which were outstanding in comple- tion of the project. He noted that the doorknob issue has not yet been resolved with the Code En- forcement Division. Angelo explained for White that the doors lead to areas which the public could enter, and the codes require that they be equipped for the handicapped. He noted that this was missed in the final inspection. Upon the Mayor' s question, Hansen noted that the situation had been explained to Interior Woods who is satis- fied with the results, and that Mywest had been told they were not being recommended and they did not question it. Dowell questioned whether all of these furnishings are removable, so that at the end of the lease they would not be left in the building. Hansen responded that they are all removable. HOUSER MOVED that the bid submitted by Turnkey in the amount of $272 ,964 .41 be accepted. Mann sec- onded. White noted that the building owner should be furnishing the doorknobs in light of the fact that the City is paying premium rates for the of- fice space. The motion carried with White voting nay. POLICE (CONSENT CALENDAR - ITEM 3E) Possession of Marijuana. ADOPTION of Ordinance 2971 relating to possession of marijuana, amending Ordinance 1787 . City Attorney Lubovich pointed 10 March 19, 1991 POLICE out -that in Section 1 the ordinance says "Kent City Code 9. 12.22 is amended as follows", and that it should state "Kent City Code 9. 12 . 22 is adop- ted as follows" . (CONSENT CALENDAR - ITEM 3F) Hindering Law Enforcement. ADOPTION of Ordinance 2972 prohibiting hindering law enforcement officer by hiding a suspect or warning him. (CONSENT CALENDAR - ITEM 3G) Obstructing Public Officer. ADOPTION of Ordinance 2973 amending Ordinance 1960 relating to obstruc- ting public officers. (CONSENT CALENDAR - ITEM 3H) Liability Insurance Proof. ADOPTION of Ordinance 2974 relating to proof of liability insurance, in- surance identification card and falsification of identification card. This has not yet been incor- porated into the Model Traffic Ordinance, and therefore requires emergency adoption. PARKS & (OTHER BUSINESS - ITEM 4B) RECREATION Cultural PlanZCultural Center Feasibility Study Consultant Contract. Staff requests acceptance of a $35, 000 contract between City of Kent and ArtSoft Management Services, a division of Hill Arts and Entertainment Systems, Inc. , for a Cul- tural Plan and Cultural Center Feasibility Study. Patrice Thorell of the Parks Department noted that the Feasibility Study is comprised of three phases: Phase I - Comprehensive Community Cultur- al Arts Plan, Phase II - Cultural Center Facility Development Program, and Phase III - Cultural Cen- ter Financial Feasibility Analysis. She noted that there will be many opportunities for public input, and urged the Council to accept the con- tract. WOODS MOVED for acceptance of a contract between City of Kent and ArtSoft Management Ser- vices for a Cultural Plan and Cultural Center Fea- sibility Study. White seconded and the motion carried. (BIDS - ITEM 5C) Russell Road Softball Field Lighting. Bid opening was held March 12 , 1991 with five bids received. 11 March 19 , 1991 PARKS & The low bid was submitted by Service Electric Com- RECREATION pany, Inc. of Woodinville, WA. in the amount of $77, 777 . 00. After review of the bids and the pro- ject funding, it was determined that in order to award the base bid contract, it would be necessary to reallocate $12 , 500. 00 in the Parks Maintenance budget to cover project costs. The only alterna- tive is to reject the bids and readvertise the project which would delay the project until fall . Helen Wickstrom of the Parks Department urged the Council to award the bid to Service Electric, noting a tight time schedule on the ballfield. She noted for Dowell that funds in the Parks Main- tenance Budget could be reallocated to the pro- ject, and that change orders could reduce the to- tal amount. DOWELL MOVED to accept the bid of Service Electric Company, Inc. in the amount of $77 ,777 . 00 plus tax, with project costs being allocated from ap- proved C.I.P. and Parks Maintenance budgets. White seconded and the motion carried. FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Bills. Approval of payment of the bills received through March 15, 1991 after au- diting by the Operations Committee at its meeting at 4 : 45 p.m. on March 26, 1991. Approval of checks issued for vouchers: Date Check Numbers Amount 3/28-3/14/91 102541-102595 $ 719,940. 81 3/15/91 102596-103065 1, 297 , 416. 64 $2 , 017 , 357.45 Approval of checks issued for payroll: Date Check Numbers Amount 3/20/91 1152070-1152778 $ 615, 932 . 17 REPORTS Council President. Woods asked the cooperation of department heads and Councilmembers to minimize the same-day items that are appearing on the agen- da. She noted that items coming out of committee 12 March 19, 1991 REPORTS to Councilmembers should wait the additional two- week period, and should come to Council on the same day only in cases of emergency. Public Works Committee. White noted he had at- tended the National League of Cities Conference in Washington, D.C. and had heard a presentation on the proposed reallocation of funds from the Feder- al Gas Tax, which in Washington would come through DOT. He also noted that he had been a guest at a reception in the Vice-President's Office. Parks Committee. Dowell noted that the Parks Com- mittee will meet Wednesday, March 20, .at 4 : 00 p.m. in the Council Chambers - East. Administrative Reports. City Administrator Chow noted that a report has been prepared regarding the S. 252nd Right-of-Way brought up by Bob Brown at the last Council meeting. Public Works Direc- tor Wickstrom noted that they had reviewed the trees in the area and had directed the City of Seattle to remove the cottonwood trees. He said the other trees are small and not dangerous. Mann noted that he has spoken to Mr. Brown and that the trees have been removed. Police Captain Chuck Miller noted that Mr. Brown was concerned with the number of parking citations issued in the area. He said the Police Department had received a com- plaint on February 14 and when officers responded they saw vehicles with flat tires and expired plates which had obviously been parked there for a long time. They issued parking citations for the expired plates and parking violations, and issued warnings giving the residents 3 days to remove the vehicles, which they did. Houser thanked the Po- lice Department for the memo outlining exactly what they had done. ADJOURNMENT The meeting adjourned at 9: 10 p.m. s Brenda Jac e , CMC Acting Cit erk 13