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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 09/03/1991 Kent, Washington September 3 , 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 and White, City Administrator Chow, City Attorney Lubovich, Planning Manager Satterstrom, Public Works Director Wickstrom., Police Chief Crawford, Fire Chief Angelo, Assistant City Administrator Hansen, Finance Director McCarthy, Information Services Director Spang, and Personnel Director Olson. Councilmember Woods has been excused from the meeting. Planning Director Harris and Parks Director Wilson were not in attendance. Approximately 25 people were at the meeting. PUBLIC Employee of the Month. Mayor Kelleher announced COMMUNICATION that Kathleen Pace has been selected as Employee of the Month for September. He noted that she works in the Public Works Department as an Accounting Services Assistant III. He commended her for her pleasant, cooperative and dependable attitude. Her supervisor, Paul Scott, added that Ms. Pace is gracious and warm, and always goes the extra mile to help people. He stated that she is a very valuable asset to the City. The Mayor pre- sented Ms. Pace the Employee of the Month plaque. CONSENT WHITE MOVED that Consent Calendar Items A-N be CALENDAR approved. Mann seconded. Item 30 was removed at the request of Bill Doolittle. The motion carried. MINUTES (CONSENT CALENDAR - ITEM 3A) Approval of Minutes. Approval of the minutes of the regular Council meeting of August 20, 1991. HEALTH & (CONSENT CALENDAR - ITEM 3K) SANITATION Northwest Business Park Plat Phase I. ACCEPTANCE of the bill of sale and warranty agreement sub- mitted by Upland Industrial Development Company for continuous operation and maintenance of ap- proximately 6012 feet of water main extension, 1, 396 of sanitary sewer extension, 5, 377 feet of street improvements and 5, 374 of storm sewer im- provements constructed in the vicinity of South 226th Street and 58th Place South, South 228th Street and 54th Avenue South and South 228th Street and 64th Avenue South for the Northwest Business Park Plat Phase I and release of the cash bond with waiver of the one-year maintenance period. 1 September 3 , 1991 HEALTH & (CONSENT CALENDAR - ITEM 3L) SANITATION Van Doren-Is Landing Short Plat. ACCEPTANCE of the bill of sale and warranty agreement submitted by Upland Industrial Development Company for contin- uous operation and maintenance of approximately 920 of storm sewer improvements constructed in the vicinity of 64 Avenue South and South 226th for the Van Doren' s Landing Short Plat and release of the cash bond with waiver of the one-year mainte- nance period. WATER (CONSENT CALENDAR - ITEM 3J) Water Line Crossing South 222nd. ADOPTION of Ordinance No. 2999 authorizing staff to proceed with condemnation procedures for right-of-way on South 222nd for a water line crossing, as recom- mended by the Public Works Committee. STREETS (CONSENT CALENDAR - ITEM 3I) Street occupation Ordinance. ADOPTION of Ordinance No. 2998 relating to the use and occupa- tion of public streets, sidewalks and other public places, requiring permits, defining offenses and providing penalties, as recommended by the Public Works Committee. TRAFFIC (OTHER BUSINESS - ITEM 4D) CONTROL 196th Corridor. Authorization has been requested for a budget change to transfer $150, 000 from the Street CIP Fund to the 196th Corridor Fund in order to proceed with acquisition of property, as recommended by the Public Works Committee and IBC. WHITE SO MOVED. Dowell seconded and the motion carried. (BIDS - ITEM 5B) Canyon Drive Left Turn Lanes and Guardrail Rehab- ilitation. Bid opening was held on August 19 . Two bids were submitted with a low bid of $726, 074 submitted by D.A. Zuluaga Construction. Upon re- view of the bids, staff recommends that $154 , 000 be transferred from the 72nd Avenue Advanced Acquisition Fund to this project and that the contract be awarded to D.A. Zuluaga Construction. WHITE SO MOVED. Houser seconded and the motion carried. 2 September 3 , 1991 SEWER (OTHER BUSINESS - ITEM 4B) Extension of Utility Services._ The Public Works Committee has recommended that a resolution making a limited, exception to the moratorium imposed by Resolution No. 1275 on the City' s extension of sewer and water services to properties outside the city limits be forwarded to Council without a rec- ommendation. Planning Manager Satterstrom noted that the Planning Committee now recommends not proceeding with the amendments to Resolution 1275. Johnson explained that the committee feels that anyone who wishes to have water and sewer service can submit an application at any time. He noted that under the present resolution, before approv- al is granted or a permit issued, the property has to be annexed to the City. Keith Carpenter, Pastor at Kent Covenant Church, 240th and 120th, noted that they need sewers in order to meet the needs of their growing congre- gation. He explained that they hope to construct a building for education needs, and that they have been told by King County that they cannot use a septic system. He stated that they presently hold classes at Meridian Junior High, which the school district allows on a temporary basis as long as the church is making progress on their building project. He asked the Council to consider an ex- tension of the sewer. Jim Bruns, Kent Covenant Church, noted that without sewers, their expansion project cannot go forward, and asked for the Coun- cil 's help. Paul Morford, 21264-132nd Avenue SE, noted that he owns property adjacent to the church, and spoke in favor of the amendment. He pointed out that this area is in the sphere of in- terest and that King County has adopted an interim plan. He noted that 240th is scheduled to be widened to five or six lanes next year, and that if the sewer is not in by then, a street cut would be required. Morford also discussed the possibil- ity of the City working with Soos Creek Sewer Dis- trict. Mr. Wagner stated that he had spoken with Kent Pullen who felt they would qualify since the proposed plan designates the area where the church is located would be in the urban development plan for the City of Kent. He noted that eventually the area will annex to Kent, and urged the Council to pass the resolution. 3 September 3 , 1991 SEWER White said that the proposed resolution encourages single-family residency and annexation to the City. He pointed out that sewer service can be obtained through the LID process even outside the City. He, opined that a resolution could be drafted which would meet everyone' s needs. Orr pointed out that the church has submitted a peti- tion for an LID which was turned down. Wickstrom clarified that through the LID process they would have to comply with the resolution and the City would not be able to extend the sewer service and allow development. The Mayor clarified that the LID is a financial mechanism to pay for the extension but that under the resolution the City would not allow the hook- ups. Orr pointed out that even if the resolution were passed, the church would be required to sub- mit a 10o petition for annexation and 60o signa- tures. She also noted that even though interim boundaries are in place, they are subject to change at any time. She explained that the mora- torium is in effect only until the county reaches agreement on boundaries. Wickstrom clarified for White that sewer extensions can be approved for existing development, but not for expansions, additions or new developments. Dowell questioned whether the church had filed their request prior to adoption of the resolution, and Wickstrom ex- plained that what they had provided was not an actual petition, just the preliminary paperwork for an LID. Dowell commented that if it was sub- mitted before the resolution was adopted, perhaps they would be exempt. Morford pointed out that the Planning Committee' s concern was setting a precedent, and that if the church were exempt from the provisions of the resolution, action taken now would not be setting a precedent. City Attorney Lubovich noted that the original resolution states that the City shall not accept new applications, and that the question is whether or not the filing with Public Works constitutes an application for water and sewer extension. Mann suggested amend- ing the resolution to grandfather in those appli- cations prior to the resolution. Johnson pointed out that both the existing resolu- tion and the proposed resolution require annexa- 4 September 3 , 1991 SEWER tion. HE MOVED for approval of Resolution No. 1294 and addition of new language to Section 1, Item C, stating that no application shall be ap- proved or- permit issued for water or sewer service until the area in question is actually annexed to the City according to State law. He clarified that this action would make an exception to the moratorium allowing filing of applications but placing a condition that they be annexed before the permit would be approved. He said the pro- posed resolution does not provide water or sewer service unless a 10% annexation petition and 60% signatures are provided, so that no one is able to get sewer and water service and then not annex to the City. White seconded Johnson' s motion. He pointed out that the original resolution could be null and void as early as December, and that applications could be filed immediately. Dowell suggested not adopting Resolution 1294 and leaving Resolution 1275 as is. MANN OFFERED A SUBSTITUTE MOTION to amend Resolution 1275 to define an application as being the submittal of a request for proposed Local Improvement District for sewer or water. White seconded. He voiced concern that this has not been evaluated in light of the entire resolu- tion, and suggested that the matter be referred to committee and brought back to Council in two weeks. Mann accepted the suggestion as a friendly amendment. White then WITHDREW his second and MOVED to send this item to the Public Works Com- mittee. Houser seconded and the motion carried. SHORELINE (PUBLIC HEARINGS - ITEM 2A) MASTER Foster Industrial Park - Lot 18 (SMP-91-1) . This PROGRAM public hearing will consider the Planning commis- sion ' s recommendation of approval on a request to amend the Kent Shoreline Master Program Shoreline Environment from an existing conservancy environ- ment to an urban environment. Carol Proud of the Planning Department noted that the property abuts the Valley Freeway to the west, 74th Avenue South to the east, and S. 259th Street (if extended) to the south. She explained that the owner of the property would like to utilize a portion of the property located within the shoreline area to 5 September 3 , 1991 SHORELINE construct an accessory parking lot for a ware- MASTER house/distribution facility, which would not be PROGRAM permitted with a conservancy designation. She noted that the applicant must obtain a Shoreline Substantial Development Permit and possibly a var- iance, which would require additional public hearings. She added that the applicant would provide three public parking stalls and enhanced landscaping. The Mayor declared the public hearing open. There were no comments from the audience and JOHNSON MOVED that the hearing be closed. Houser seconded and the motion carried. JOHNSON THEN MOVED to ac- cept the Planning Commission' s recommendation of approval on a request to amend the Kent Shoreline Master Program Shoreline Environment from an existing conservancy environment to an urban envi- ronment and to direct the City Attorney to prepare the resolution of intention to adopt the amendment as required by the State Department of Ecology. White seconded and the motion carried. ANNEXATION (OTHER BUSINESS - ITEM 4C) East Hill Annexation. Signatures on the 10% peti- tion received at the August 6th Council meeting have been verified and staff recommends that October 1st be set as the date for a public meet- ing with the petitioners. Public Works Director Wickstrom explained that the area contains 608 . 5 acres, the population is esti- mated at 982 , and the assessed value at $40 million. He explained that a public meeting with the petitioners should be set up to determine whether to pursue the annexation, whether the boundaries are satisfactory, and whether to in- clude the acceptance of City indebtedness. He noted that the meeting would also give petitioners direction as to whether to pursue the 60% petition and explained that after Council receives that petition, a public hearing would be held and testimony taken. He recommended October 1st so that if Council chooses to refer this matter to the Public Works Committee, they will have time to prepare a recommendation. 6 September 3 , 1991 ANNEXATION Upon questions from Dowell regarding Table 3 (Revenue vs. Expenses) , Wickstrom noted that it is estimated that expenses for this annexation would be $22 , 386 per year above revenues. He also noted that $65, 560 is needed for immediate overlays in the area. He explained that this one-time only expense is related to the gasoline tax and that 1/3 of the total gas tax revenues could be used for the overlays . Dowell pointed out that there would be $10, 000 in revenues, for a total of $55, 000 of expenses over revenues. WHITE MOVED that October 1, 1991, be set as the date for a public meeting with the petitioners for the East Hill Annexation and that the matter be referred to the Public Works Committee for a rec- ommendation. Orr seconded. Johnson pointed out that it would cost an additional $370, 000 for an appropriate level of fire service in the area. The motion then carried. East Hill Annexation. Charlie Kieffer, 10926 S .E. 274th Street, asked that he and his father John Kieffer, 11048 S.E. 274th Street, be notified when the Planning Department determines that the annex- ation of East Hill is non-significant. The Mayor so ordered. MULTI-FAMILY (CONSENT CALENDAR - ITEM 3C) DESIGN REVIEW Multi-Family Design Review (ZCA-90-5) . AUTHORIZA- TION to set September 17 , 1991 as the date for a public hearing to consider the multi-family design review, as recommended by the Planning Commission. CONDITIONAL (CONSENT CALENDAR - ITEM 3D) USE PERMIT Kent 57 No. CE-91-3 . AUTHORIZATION to set Septem- APPEAL ber 17 , 1991 for a public hearing to consider an appeal by the Casey Group Architects on the Kent 57 No. CE-91-3 on a denial by the Hearing Examiner on an application for a conditional use permit to construct the 57-unit apartment complex. A public hearing on the application for this conditional use permit was held on April 3 , 1991 by the Hear- ing Examiner. 7 September 3 , 1991 COMMUNITY (CONSENT CALENDAR - ITEM 3M) DEVELOPMENT 1992 Community Development Block Grant (CDBG) Pro- BLOCK GRANT gram. AUTHORIZATION to set September 17 , 1991 for PROGRAM a public hearing to consider adoption of the 1992 Community. Development Block Grant (CDBG) Program, as recommended by the City Council ' s Planning Com- mittee. BUSINESS (CONSENT CALENDAR - ITEM 3N) LICENSE Business License Revocation - U.S. Engine Inc. AUTHORIZATION to set October 1, 1991, as the date for a public hearing on the revocation of the business license for U. S . Engine, Inc. Kent City Code Section 5 . 02 . 120 states that if the Council finds that there are reasonable grounds to believe that a business has or is operating in violation of the laws of Kent, it shall order the City Clerk to send a written notice to the license holder that a hearing shall be held to determine whether the business license will be revoked. The Planning Department has either cited or informed U. S. Engine of violations of Kent City Code. STATE (CONSENT CALENDAR - ITEM 3F) CODES 1991 Washington State Energy Code. ADOPTION of Ordinance No. 2995 related to the 1991 Washington State Energy Code. This code regulates the heat loss in all new construction. This ordinance will repeal Ordinance 2308 and adopt as written the 1991 Washington State Energy Code as filed in Chapter 51-11 of the Washington Administrative Code. (CONSENT CALENDAR - ITEM 3G) 1991 Washington State Ventilation and Indoor Air Quality Code. ADOPTION of Ordinance No. 2996 related to the 1991 Washington State Ventilation and Indoor Air Quality Code. These codes regulate the ventilation and air quality in all new con- struction. This ordinance will adopt as written the 1991 Washington State Ventilation and Indoor Air Qual- ity Code as filed in Chapter 51-13 of the Washing- ton Administrative Code. 8 September 3 , 1991 STATE (CONSENT CALENDAR - ITEM 3H) CODES Unfair Housing Practices. ADOPTION of Ordinance No. 2997 repealing Ordinance 1932 , relating to unfair housing practices. This repeals an out- dated ordinance on a subject adequately covered by State law, containing enforcement provisions which require State, not City implementation. STORAGE (BIDS - ITEM 5A) TANKS Underground Storage Tank Removal and Installation of Above Ground Tanks. Bid opening was held on August 8 with three bids received. The low bid was submitted by CEcon Corporation in the amount of $61, 376. 45. Staff recommends that $3 , 212 be transferred from the unencumbered sewer utility funds and $4 , 088 from the unencumbered water util- ity funds and the project be awarded to CEcon. WHITE SO MOVED. Orr seconded and the motion car- ried. BUDGET (CONSENT CALENDAR - ITEM 3E) Proposed Use Hearing on the 1992 Budget. AUTHORIZATION to set September 17 for a proposed use public hearing on the 1992 Budget. In addi- tion, Council is scheduled to hold a workshop at 6 : 00 p.m. prior to the Council meeting to discuss a preliminary budget balancing scenario based on input received at the August 8 Council work ses- sion. FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Bills. APPROVAL of payment of the bills received through August 30, 1991 after au- diting by the Operations Committee at its meeting at 4 : 45 p.m. on September 10, 1991. Approval of checks issued for vouchers: Date Check Numbers Amount 8/16-8/31/91 108764-109417 $1, 488 , 605. 24 Approval of checks issued for payroll : Date Check Numbers Amount 9/5/91 01160253-01161000 $ 628, 925. 31 9 September 3 , 1991 FINANCE (OTHER BUSINESS - ITEM 4A) L.I.D. 336 Bond Ordinance and Purchase Contract. Finance Staff requests the adoption of bond Ordi- nance 3000 and authorization for the Mayor to sign a purchase contract in the amount of $1, 888 , 078 for LID 336 bonds. The bond proceeds will be used for the widening and improvement of East Valley Highway from South 192nd Street to South 180th Street. The final assessment roll for the LID has been adopted and the 30-day prepayment period has elapsed. The purchase contract with Lehman Bro- thers is at a net interest cost of 7 . 03 percent and has a gross underwriting spread of $19 per thousand dollar bond. This results in an average coupon of 6. 80 percent and an assessment to prop- erty owners of 7 . 30 percent. Finance Director McCarthy stated that the rates are fair based on the index and recent comparables, and recommended approval . HOUSER MOVED for adoption of Bond Ordinance 3000 authorizing the Mayor to sign the purchase con- tract with Lehman Brothers. White seconded and the motion carried. PARKS & (CONSENT CALENDAR - ITEM 30) RECREATION (REMOVED AT THE REQUEST OF BILL DOOLITTLE) Parkside Wetlands Purchase and Sale Agreement. AUTHORIZATION for the Mayor to sign an earnest money agreement in the amount of $118, 000 to pur- chase Lots 1 through 6, Block 22 , Interurban Heights, 3rd Section as part of the West Hill Parkside Wetlands project, as approved by the Parks Committee. Bill Doolittle, 412 N. Washington, showed the location and city limits on the map and noted that contrary to the map presented at the Parks Commit- tee meeting, there are no through streets in the area. He noted that the City of Des Moines is buying 14 acres to use as wetlands, and that there was discussion at the Parks Committee meeting about building an interpretive center at the park. He pointed out that there are many apartment com- plexes in the area, but only two houses in the Kent city limits north of 248th. He noted that one of the houses is proposed to be purchased by the City for $118 , 000 and said he feels the price 10 September 3 , 1991 PARKS & is too high, noting that $200, 000 is budgeted for RECREATION the entire project. He added that there may be clean-up costs associated with an underground oil storage tank, and with garbage and brush in the area. He suggested that this issue be studied further to determine whether to spend money for a park which is totally inaccessible to most Kent citizens and questioned whether Kent should be providing an interpretive center for a Des Moines park. Doolittle also noted that there are three lots on 248th and Military Road for sale for $75, 000 and that the seller would take $500 down and reasonable payments. He noted that there are no parks in that area although there are many children who would use one. He added that he had not seen any children in the vicinity of the Des Moines site. He suggested putting the park on the Military Road location. Dowell recommended that this issue be sent to the Parks Committee for further consideration. Helen Wickstrom of the Parks Department noted that money has been budgeted for this project and that it has been under consideration for two years. She ex- plained that the City has met with citizens from Salt Air Hills, who would like a park on the west side of Pacific Highway South. She said that $100, 000 in matching funds has been received from King County for this project. She noted that the property consists of steep, wooded terrain, and that the plan is to preserve the hills and wet- lands and provide a trail system in the park. She suggested including the property on Military Road in next years budget, and felt the funding for the wetlands park should not be jeopardized. Upon questions from Dowell, Wickstrom clarified that Des Moines received open space bond issue money for 14 acres, and they did not include the two acres inside Kent' s city limits. She also noted that the site contains a level piece of property surrounded by apartment complexes and that is was suggested that this area be used for an interpre- tive center. She noted that 26th Place and 26th Avenue are not through streets and that neither is projected to be. Dowell suggested that Des Moines buy the land and add it to their park, and Wickstrom noted that they are not able to purchase it. She also noted that it would probably not be 11 September 3 , 1991 PARKS & possible to give Des Moines Kent' s share of the RECREATION grant money, because they would not be able to match it. Houser stated that the citizens of Salt Air Hills were promised a park on the west side of the highway, and that the City should follow through on that promise. Wickstrom clarified for White that the total appraisal for all the parcels is $270, 000, and"that they hope to negotiate with property owners to bring it within the $200, 000 budget. She explained that the other parcels do not have homes on them. Dowell suggested giving Kent ' s grant money to Des Moines to build the park and noted that the Kent residents could use the park. Wickstrom explained that because of the contour of the land, the trail would need to go up the hill through property which is in Kent, other- wise it would deadend at the bottom of the hill . White suggested referring this to the Parks Com- mittee and discussing it after the next financial projection. Wickstrom noted that although it could be postponed for a while, it would be unfair to the property owner to hold off for too long. Bill Doolittle noted that in addition to the cost of acquiring all eight parcels, it would take ex- tensive trail work to get access to the citizens of Salt Air Hills. He noted that the Parks Com- mittee should be aware of the assessed valuation, whether the property has been on the market, at what price and the size of the lot when consider- ing this issue. DOWELL MOVED that this item be referred to the Parks Committee. Mann seconded and the motion carried. Mayor Kelleher noted that if the Parks Committee decides not to move ahead on this pro- ject, it should be removed from the budget. CITY (OTHER BUSINESS - ITEM 4E) COUNCIL Wheelchair Basketball Challenge. The Kent Knight- riders (wheelchair basketball team) has challenged the Mayor and Kent City Council to a wheelchair basketball game. Jim Hernandez, coach/player, at- tended the August 27th Parks Committee meeting and presented the challenge. Proceeds from the event will be divided among three organizations: Special Populations Scholarship Fund, a youth club from 12 September 3 , 1991 CITY Kent-Meridian High School and the Kent Knight- COUNCIL riders. The game has been scheduled for Wednesday, October 23 at Kent-Meridian High School, 7 p.m. A prac- tice and photo session will be scheduled one week before the game.., Council will be notified of the date and time after the gym usage has been con- firmed. DOWELL MOVED for acceptance of the Knightriders vs. Mayor and City Council Wheelchair Basketball Challenge. Helen Wickstrom of the Parks Department encouraged Councilmembers to draft department heads and supervisors, noting that with a larger number of players, more substi- tutions could be made during the game. The motion then carried. Council Agenda Procedures. Upon White ' s question, Mayor Kelleher noted that the Council President has the authority to set procedures regarding the Council agenda, and that the Council President has recently announced that no items should be brought to Council without a committee recommendation. White questioned how to handle the situation if he has items he wishes to have on the agenda, and the Council President does not put them on the agenda, or pulls them from the agenda. The Mayor suggest- ed forwarding items out of committee with recom- mendations, asking the Council President to place the item on the agenda without a recommendation, raising the issue at the Council meeting even though it is not on the agenda, or passing a new rule regarding such procedures. ADJOURNMENT The meeting was adjourned at 8 : 40 p.m. i Brenda Jacobe(r, MC Deputy City C rk 13