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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 04/02/1991 Kent, Washington April 2, 1991 Regular meeting of the Kent City Council was called to order at 7 : 00 p.m. by Mayor Kelleher. Present: Councilmembers Dowell, Johnson, Mann, White and Woods, City Administrator Chow, Assis- tant City Attorney Brubaker, Planning Director Harris, Public Works Director Wickstrom, Assistant City Administrator Hansen, Acting Police Chief Byerly, Personnel Director Olson, Finance Di- rector McCarthy, Information Services Director Spang and Acting City Clerk Jacober. Councilmember Houser, Councilmember Orr, Parks Director Wilson and Fire Chief Angelo were not in atten- dance. Approximately 60 people were at the meeting. PUBLIC (PUBLIC COMMUNICATIONS - ITEM 1A) COMMUNICATIONS Employee of the Month. The Mayor announced that Mike Pulliam, Field Supervisor of Vegetation for the Public Works Department, has been selected as Employee of the Month for April. He noted that in addition to his regular job responsibilities, Mike assists with numerous tasks to be completed at the Saturday Market. Tim Heydon, Public Works Opera- tions Manager, noted that Mike is very concerned with the environment and takes that into consider- ation in his work. He stated that Mike takes pride in his work and the results can be seen in downtown Kent. CONSENT WOODS MOVED that Consent Calendar Items A through CALENDAR G be approved. Johnson seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 3A) Approval of Minutes. APPROVAL of the minutes of the regular Council meeting of March 19, 1991. STREETS (PUBLIC HEARINGS - ITEM 2D) LID 336 - East Valley Highway Improvements. This date has been set for the public hearing on the formation of LID 336. The City Clerk has given the proper legal notification. Public Works Di- rector Wickstrom noted that the City has received a grant from the Transportation Improvement Board for these improvements, and pointed out the loca- tion. He noted that this will complete the five lane arterial between S. 192nd and S . 180th, and will include curb and gutter, concrete sidewalks, a two-way left turn lane, street lighting, and street trees. He noted that the total project cost is $3 , 530, 637 and that the assessments will be paid over a 15-year period. He stated that the 1 i April 2, 1991 STREETS City hopes to begin the project in June and com- (LID 336-EVH) plete it in the fall . The Mayor declared the public hearing open. Harlan Bull, 20601 - 100th Avenue, noted that al- though he is in favor of the project, he is con- cerned about the distribution of costs. Sam Huff- man of Green River Cheese indicated that he is also in favor of the project, but feels that the City's and State's portion of the assessment should be higher, since East Valley Highway is used not only by the businesses in the area, but for through traffic. He also asked for assurance that the businesses in the area will be able to continue operation during construction. Upon a question from Joe O'Leary, Wickstrom noted that the City compensates property owners for landscap= ing, that the power will be underground and that owners will have to convert their own services, and that during construction there may be detour routes or one-way traffic through the area. He noted that the traffic issue has not yet been re- solved. Wickstrom noted for Woods and White that the City could put up signs indicating that the businesses in the area are open during construc- tion. Wickstrom noted for White that the amount of the assessments could be reviewed during the final as- sessment roll process, and pointed out that front- ing property owners do have immediate amenities which properties in the back do not have. He ex- plained for Mann that together the City and the State will contribute $1, 250, 000 on this project, which is much more than on other projects in the City. There were no further comments and WHITE MOVED to close the public hearing. Woods seconded and the motion carried. WHITE MOVED that the memorandum from the Public Works Director be made a part of the record and that Ordinance 2977 forming LID 336 be adopted and that the budget for same be estab- lished as detailed in the IBC note. Woods second- ed. The motion carried. 2 April 2 , 1991 SEWERS (PUBLIC HEARINGS - ITEM 2E) (LID 338) LID 338 - Westview Terrace Sanitary Sewers. This date has been set for the public hearing on the formation of LID 338 . The City Clerk has given the proper legal notification to the property own- ers. Public Works Director Wickstrom noted that this LID is in the County and was heard on Febru- ary 5, 1991, as LID 337 . He noted that property owners have asked the Council to reconsider this as a new LID. A gentleman from the audience noted that he had repaired his septic problems and did not feel he should be required to pay a monthly service charge. The Mayor declared the public hearing open. Wick- strom noted for John Chapman, 2459 S. 216th, Des Moines, that sewers will be available for hookup immediately after construction, which should be by the end of the summer. Jim Humenik, 21312 - 98th Avenue South, noted that his system is working and he feels he should not have to pay $6500 for some- thing he doesn't need, or a monthly service charge. He also noted that this property value will not be increased. After Wickstrom answered questions for Margie Gifford, 9601 S . 216th, re- garding easements on her property, she stated that although she and her husband were originally op- posed to the sewers, they are now in favor. Lee Williams spoke in opposition to the LID, and noted that Randi and Scott Gobeille, 21434 - 98th Avenue S. , are also opposed. Those who spoke in favor were Larry Kirchner of the Seattle-King County Health Department, Rolly Topping, 21416 - 96th S. , Harriet Ragsdale, 21412 - 98th Avenue S . , Kathryn Scholl, 9639 S. 216th, Alan Clifford, 21404 - 96th Avenue S . , George Hoffman, 21415 - 98th Avenue S. , Ed & Fay White, 21426 - 96th Avenue S . , Tom Apple- hans, 21440 - 98th Avenue S. , Keith Henderson, 21433 - 96th Avenue S . , and Gordon Campbell, 21423- 98th Avenue So. Gladys Pfaff, 9634 S. 214th, was in favor and spoke for Grace Smith, 9612 S. 214th, Debbie Reuhl, 9625 S. 214th, and Grace Johnson, 9622 S. 214th who were also in favor. Dwight Davis, 21417 - 96th Avenue S. , noted that he, Frank and Brenda Chamblis, 21334 - 96th Avenue S . , and Steve Julison, 9608 S. 216th, were all in fa- vor. Upon a question from Jan Winkel, 9631 S. 216th, Wickstrom noted that double hookups are a 3 April 2 , 1991 SEWERS way to cut the cost to homeowners. He also noted (LID 338) that once the City advises homeowners that sani- tary sewers are available, they are required to connect. He pointed out that the City does not pursue this, but that the County may. Upon a question from the audience, the Mayor noted that this policy could be changed by Council action, and Councilmember White stated that the Public Works Committee will look into this issue. Paul Vaulkee, 21405 - 98th Avenue S. , spoke in favor of the project, and Wickstrom explained for him that the City's only jurisdiction is for sewer service, since this area is outside the city limits, and that roads and drainage are the County' s responsi- bility. Wickstrom noted that the City has the only sewer system available to service the area. Kathryn Scholl asked whether by signing up for sewer, property owners would automatically agree to annexation to the City. Wickstrom responded that in order to service outside the city limits, the Boundary Review Board requires annexation of the area or execution of covenants to annex in the future. The Mayor clarified for Margie Gifford that after annexation the City would administer surface water management, but until annexation they are out of the City's jurisdiction. There were no further comments from the audience and WHITE MOVED to close the public hearing. Woods seconded. WHITE MOVED to make a letter in oppo- sition to the project from Gene C. and Jenny K. Hughes, 9623 S . 216th, a part of the .record. Woods seconded and the motion carried. The motion to close the public hearing then carried. WHITE MOVED that the memorandum from the Public Works Director be made a part of the record and that the City Attorney be directed to prepare the ordinance forming LID 338 for Westview Terrace Sanitary Sewers. Woods seconded and the motion carried. (CONSENT CALENDAR - ITEM 3E) Federal Way Sewer District Agreement. AUTHORIZA- TION for the Mayor to sign the sewer service a- greement to allow Federal Way to provide sewer service to property in the vicinity of 272nd and 42nd Avenue South, as recommended by the Public Works Committee. 4 April 2 , 1991 CONDITIONAL (PUBLIC HEARINGS - ITEM 2C) USE - APPEAL Puget Power Substation Appeal. This public hear- ing will consider an appeal by Puget Sound Power and Light Company from the Hearing Examiner' s rec- ommendation of approval with seven (7) conditions of a request for a conditional use permit to con- struct a 16, 000 square foot electrical stribu- reconsi- tion substation. The applicant requested deration of two of those conditions: (1) Condi- tion 5 related to noise reduction and (2) Condi- tion 6 related to limits on electromagnetic field exposure. After reconsideration, the Hearing Ex- aminer' s decision of August 29 , 1990 remained the same. The applicant is appealing these two condi- tions. Alice Shobe of the Planning Department noted that the site is 4 . 29 acres in size and is located at the corner of S. 272nd and 42nd Avenue. She noted that the area is zoned R-1.72 which is residen- tial, and that substations are allowed in a resi- dential zone with a conditional use permit. The Mayor declared the public hearing open. Mark uehrn, Attorney for Puget Power, noted that the substation will comprise only 350 of the site, and that there is a buffer of approximately 300 feet. He also stated that there are many of these sub- stations in residential areas and that the power coming into the substation is transformed down to a voltage appropriate for distribution and con- sumption in the immediate vicinity. He noted that nds to install a low noise trans- Puget Power inte former at the substation and that the noise lverl of the transformer would not be discernable o noise level in the area, and there- the background fore the noise wall is unnecessary. He also pointed out that many studies have been done, and none have concluded that magnetic fields are a probable carcinogen. He noted that the Hearing Examiner determined that the level of electromag- netic field shall not exceed 20 milligauss at the line of the site, and that that precludes property He g the projec t.' n 7 Puget power from building P Pug s. Crai 'tion _� the Council to delet e the two condi Brown disagreed with Quehrn' s statements and urge the Council to reject the request to dthateWinter- the two conditions. Eric Korma nd sta ted ted 5 April 2 , 1991 CONDITIONAL brook II, a 12-lot plat, is going in near the sub- USE - APPEAL station and he would like to have the sound wall (Puget Power) around the power station to mitigate the sound and the appearance. There were no further comments from the audience and WHITE MOVED to close the public hearing. Woods seconded and the motion carried. Upon Johnson's question, Quehrn noted that al- though the substation works harder in the winter than in the summer, the noise level ranges only about 3 decibels, and that the human ear cannot perceive that slight a difference. He noted for Mann that there is no technology available to con- tain electromagnetic fields, and that if a wall is required, the cost would be passed along to the ratepayers. He explained that the transformer will be fenced and will be out of sight, and that the site will be densely landscaped. Quehrn noted for White that they do not normally build concrete walls around transformers, but use low-noise transformers instead. Johnson asked how close the transformer would be to the nearest residence. Quehrn responded that it would be approximately 150 ' to the west, 200 ' to the south, 192 ' to the east and 377 ' to the north. JOHNSON MOVED to modify the Hearing Examiner' s recommendation to approve the appeal made by Puget Power on Condition 6, to adopt the Hearing Exami- ner' s findings for the remaining six conditions, and to direct the City Attorney to prepare the necessary resolution. Woods seconded. Johnson clarified for White that his intention is that the concrete wall be built. The motion then carried. COMMUNITY (PUBLIC HEARINGS - ITEM 2A) DEVELOPMENT 1991 CDBG Local Program Policies Amendment. This BLOCK GRANT public hearing will consider the approval of the proposed Amendment to the Local Program Policies for the 1991 Kent Community Development Block Grant (CDBG) Program as recommended by the Coun- cil 's Planning Committee. This proposed Amendment includes eliminating all priority emphasis "given to the Neighborhood Strategic Area (NSA) . Alice Shobe of the Planning Department noted that the Home Repair Program is the only program which 6 April 2 , 1991 COMMUNITY uses the NSA to give priority. She noted that DEVELOPMENT there are families outside the NSA who are equally BLOCK GRANT needy, and urged the Council to eliminate any spe- cific emphasis on the Neighborhood Strategic Area by amending the Housing Section of the 1991 Local Program Policies to read: Housing Projects will be encouraged which lead toward pre- servation or expansion of housing occupied by low- and-moderate income residents of Kent. While the City' s current Housing Repair Program and assis- tance to emergency and transitional housing pro- grams should be continued, new methods of meeting housing needs may also be considered. The Mayor declared the public hearing open. There were no comments from the audience and WOODS MOVED to close the public hearing. White seconded and the motion carried. JOHNSON MOVED to accept the Council Planning Committee's recommendation of the proposed Amendment to the Local Program Policies for the 1991 Kent CDBG Program. Mann seconded and the motion carried. (PUBLIC HEARINGS - ITEM 2B) 1992 CDBG Funding and Local Program Policies. This public hearing will consider five action items which include the adoption of the Local Pro- gram policies for the 1992 Kent Community Develop- ment Block Grant Program (CDBG) as recommended by the Council ' s Planning Committee and by the Human Services Commission. The estimated amount of funds available for the 1992 Program is $183 , 146. Alice Shobe of the Planning Department explained the five action items as follows: 1. Approval by City Council to accept 1992 Pass-Through- funds. 2 . Allocation of the City's fair share maxi- mum of 1992 Pass-Through funds ($35,743) to Public (Human) Services. 3 . Allocation of . 005% ($916) of 1992 Pass- Through funds to Planning and Administration. 7 April 2 , 1991 COMMUNITY 4 . Approval of the proposed 1992 Local Pro- DEVELOPMENT gram Policies. BLOCK GRANT 5. Allocation of Community Development Inter- im Loan (CDIL) program income ($9, 597) to the Consortiumwide Emergency Shelter System. She noted that there are two changes from the 1991 Policy. One change is the elimination of the Neighborhood Strategic Area, an area which was given priority for block grant funds in the past because it was determined to have the highest con- centration of low income families. She noted that there are needy. families outside this area, and that this one area should no longer be emphasized. Shobe noted that the second change in policy is expanded emphasis on regional projects. The Mayor declared the public hearing open. There were no comments from the audience and WHITE MOVED to close the public hearing. Woods seconded and the motion carried. JOHNSON MOVED to accept the five action items as recommended by the Council ' s Planning Committee. White seconded and the motion carried. FRANCHISE (OTHER BUSINESS - ITEM 4A) Olympic Pipeline Franchise. Pursuant to RCW 35A. 47 . 040, this is the second reading of an ordi- nance granting Olympic Pipeline Company a ten year franchise agreement to operate and maintain an ex- isting pipeline in City rights-of-way. This a- greement was introduced at the March 19 , 1991 Council meeting. Since the first reading, modifi- cation to the agreement has been proposed by the Fire Department, as set forth in Page 9 of the do- cument, requiring immediate notification of acci- dents and related incidents as well as providing for a 24 hour telephone number of such notifica- tion. WHITE MOVED for the adoption of Ordinance 2978 granting Olympic Pipeline Company the franchise agreement for ten years to maintain, operate, re- place and repair an existing pipeline. Woods sec- onded and the motion carried. 8 April 2 , 1991 PUGET SOUND (OTHER BUSINESS - ITEM 4B) REGIONAL Puget Sound Regional Council. Councilmember John- COUNCIL son noted that a resolution has been prepared which authorizes execution of an inters, ment creating the Puget Sound Regio . 4 This agreement provides for regional �qA9 d tion planning in accordance with, Fedr � . ., ? ... law and replaces those functions currently per- formed under the interlocal agreement establishing the Puget Sound Council of Governments, which ter- minates July, 1991. HE MOVED for the adoption of Resolution 1280. White seconded and pointed out that this provides only for transportation plan- ning. Upon the Mayor' s question, Johnson explain- ed that in order to meet Federal and State guide- lines for grant application processing, the agree- ment must be approved by April 12 , 1991. The mo- tion then carried. PARKS & (CONSENT CALENDAR - ITEM 3C) RECREATION Golf Cart Acquisition. AUTHORIZATION to acquire 21 power golf carts in lieu of leasing. On Febru- ary 19 , 1991, the City Council authorized the Park Department to lease an additional 21 power golf carts. In reviewing the lease agreement the Law Department noted that substantial financial dis- closures, similar to that required for bond is- sues, was required by the Lessor. In addition, it was determined that the lease interest rate was approximately 10 percent as compared to current interfund interest rate of 6. 9 percent. Based on this, the Park Department recommends the direct acquisition of these 21 power carts in lieu of leasing. The additional expenditures required for the outright purchase will come from projected golf course revenues that are currently exceeding the estimate. (CONSENT CALENDAR - ITEM 3F) II I.A.C. Grant Application - Riverview Park. AU- THORIZATION for the Parks Department to apply to a)JJ the Interagency Committee for Outdoor Recreation for matching acquisition funds for the Green River Trail Park. The application will be for $240, 000, to be matched by $240, 000 from King County Open Space Bond Issue proceeds. 9 April 2 , 1991 PARKS & (CONSENT CALENDAR - ITEM 3G) RECREATION I.A.C. Grant Application = Scenic Hill Park. AUTHORIZATION for the Parks Department to apply to the Interagency Committee for Outdoor Recreation 4RRECTED - REFER TO for matching development funds for Scenic Hill Park. The application will be for $225, 000, to be �INUTES OF �.� matched by $225, 000 from monies provided by the Kent School District to cover the cost of the parking lot and by the City' s Park Matching Funds Budget. PERSONNEL (CONSENT CALENDAR - ITEM 3D) Street Utility Staffing. AUTHORIZATION to estab- lish a budget for the street utility in the amount of $101, 689 to include the addition of a new posi- tion of Civil Engineer II and to reclassify one of the 1991 approved positions from an Engineering Tech II to an Engineering Tech III and to fill that position as well as a part-time Office Tech position also in the 1991 approved budget, as rec- ommended by the Public Works Committee and ap- proved by Operations Committee, IBC and IPC. FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Bills. Approval of payment of the bills received through April 1, 1991 after audit- ing by the Operations Committee at its meeting at 4 :45 p.m. on April 9, 1991. Approval of checks issued for vouchers: Date Check Numbers Amount 3/19-4/1/91 103066-103632 $1, 101, 955. 35 Approval of checks issued for payroll : Date Check Numbers Amount 4/5/91 1152779-1153468 $ 599 , 326. 20 REPORTS Administrative Reports. Finance Director McCarthy reported that although the economic picture has improved a bit, the City is still in a slowdown regarding capital needs and hiring. He explained the budget calendar, noting that there will be a workshop on May 7 . He also referred to the C.I.P. calendar, and noted that departments are currently 10 April 2 , 1991 i REPORTS preparing project descriptions, and that question- naires will be sent with utility bills. Upon White' s question, McCarthy noted that program ex- pansion may not be possible in 1992 unless econo- mic improvement continues. He explained that the hiring slowdown will save money and that money could be transferred from capital funds to opera- ting funds. He also noted for White that cuts and tax or fee increases are not being considered at this time, but may be in the future. McCarthy also noted that Administration has com- piled a list of options in regard to a Municipal Court Facility, and that it should be reviewed by the Public Safety Committee. The Mayor asked Councilmembers who have other alternatives to add them to the list as soon as possible. ADJOURNMENT The meeting was adjourned at 9 : 30 p.m. Brenda Jacobe , CMC Acting Citlerk 11