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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 02/04/1992 Kent, Washington February 4 , 1992 Regular meeting of the Kent City Council was called to order by Mayor Pro Tem Woods. Present: Councilmembers Bennett, Houser, Johnson, Mann, Orr and White, City Administrator Chow, City Attorney Lubovich, City Engineer Gill, Planning Director Harris, Police Captain Byerly, Fire Chief Angelo, Finance Director McCarthy, Parks Director Wilson, Information Services Director Spang and Human Resources Director Olson. Mayor Kelleher and Assistant City Administrator Hansen were not in attendance. Approximately 90 people were at the meeting. PUBLIC Volunteer Income Tax Assistance Month. Mayor Pro COMMUNICATION Tem Woods read a proclamation declaring the month of February, 1992 as Volunteer Income Tax Assis- tance Month in the City of Kent and encouraged citizens to recognize and appreciate the service provided by the many volunteers who give so many hours to help others prepare their tax returns. Juliana Hernandez , Seattle and South King County VITA Coordinator accepted the proclamation. Employee of the Month. Mayor Pro Tem Woods announced that Frank Olson has been selected as the Employee of the Month for February. She noted that Mr. Olson works in the Public Works Opera- tions Division as a Warehouse Purchasing Techni- cian. She commended him for his willingness to help others and his extra efforts to see that schedules are met. City Engineer Gill said that Olson is a very valued employee and the City appreciates his efforts. 1992 City of Kent Arts Commission Regrant Awards. Woods noted that these awards are given annually and in a competitive fashion. She and Patrice Thorell of the Parks Department then presented the awards to the following local community groups: Northwest Renaissance Rainier Symphony Kent Saturday Market Women in Music International Washington State Music Teachers Association Kent-Meridian High School Big Band Jazz Reading Workshop Kent Caribbean Steel Drum Band Rainier Chorale Kent Parks Resource Center 1 February 4 , 1992 PUBLIC Woods thanked the groups for all their efforts in COMMUNICATION making this community a better place to live. CONSENT ORR MOVED for the adoption of Consent Calendar CALENDAR Items B through H. White seconded. Motion carried. MINUTES (CONSENT CALENDAR - ITEM 3A) (REMOVED BY COUNCILMEMBER WHITE AT THE REQUEST OF STEVE DOWELL) Approval of Minutes. Dowell asked that approval of the minutes be withheld until the next meeting so that he has an opportunity to go over the tapes with the City Clerk and make some potential adjustments. WHITE SO MOVED. Johnson seconded and the motion carried. STREETS (CONSENT CALENDAR - ITEM 3H) 112th Avenue Widening. ACCEPTANCE as complete of the contract with Action Construction, Inc. for the 112th Avenue widening project and release of retainage after receipt of the releases from the State. (OTHER BUSINESS - ITEM 4B) TIB Grant - 272ndf277th Corridor. The Transporta- tion Improvement Board has authorized a grant of $225, 000 for the pre-design phase of the 272nd/ 277th corridor and has submitted a project agree- ment for the City' s signature. The Public Works Director recommends that the Mayor be authorized to sign the agreement and the budget be estab- lished for said funding. Because of the Board's time frame constraints per acceptance of the agreement, this item will also be discussed with the Public Works Committee at their February 4 meeting. Gill explained that this is not an endorsement of constructing the corridor, but will allow the Public Works Department to analyze the feasibility of the project, look at alternatives as part of the EIS process, and come up with more accurate cost estimates. 2 February 4 , 1992 STREETS WHITE MOVED that the Mayor be authorized to sign the project agreement with the Transportation Im- provement Board for grant funding in the amount of $225, 000 for the 272nd/277th corridor and that a budget be established for same. Johnson seconded and the motion carried. (OTHER BUSINESS - ITEM 4C) TIB Grant-192nd/196th Corridor (WVH to EVH) . The Transportation Improvement Board has authorized a grant of $3 , 044,950 for the design and right-of- way acquisition phase of the 192nd/196th corridor (WVH to EVH) and has submitted a project agree- ment for the City's signature. The Public Works Director recommends that the Mayor be authorized to sign the agreement and budget be established for said funding. Because of the Board' s time frame constraints per acceptance of the agreement, this item will also be discussed with the Public Works Committee at their February 4 meeting. Gill stated that the status of the project will depend on the future actions of the Council in regard to the formation of the street utility. He noted that if that process does not move forward, the City can return the grant money to the TIB, and that accepting it gives the City the opportun- ity to move forward if Council chooses to do so in the future. WHITE MOVED that the Mayor be authorized to sign the project agreement with the Transportation Improvement Board for grant funding in the amount of $3 , 044 , 950 for the 192nd/196th corridor (WVH to EVH) and that a budget be established for same. Johnson seconded. White said that he has asked Public Works and Finance staff to explore all the options that might be available in relation to funding these projects. He pointed out that a voted bond issue, and a street utility have been looked at briefly. Charlie Kieffer asked whether an impact statement has been prepared for this corridor and Gill indi- cated that they are presently working on the 3 February 4 , 1992 STREETS environmental checklist. White clarified for John Kieffer that the grant is coming from the State of Washington Transportation Improvement Board. Kieffer pointed out that 277th has been worked on for 25 years and has only received $250, 000 for a study. White explained that 192nd/196th will potentially cost more than 272nd/277th. Gill pointed out that there has been no opposition to this project by the businesses and community. Kieffer asked that he be notified of related issues when they come to the Public Works Commit- tee, and when they appear on the Council agenda. Gill agreed to see that he is notified. The motion then carried. STREET (PUBLIC HEARINGS - ITEM 2A) VACATION Street Vacation - Saar Street. This public hearing will consider an application by Kent Lutheran Church No. STV-92-1 to vacate at least 2/3 of the property abutting a portion of Saar Street, which portion lies between So. 2nd Avenue and So. 1st Avenue and between Blocks one and two as delineated on the face of the Plat of Yesler' s First Edition to the Town of Kent, Washington, Vol. 5 of Plats page 64 , records of King County, Washington. Mayor Pro Tem Woods declared the public hearing open. Jim Wilson of Kent Lutheran Church, explained that it is their desire to build a new multi-purpose building to serve the increasing needs of their congregation and the City. He showed the present location and facilities on the overhead, as well as their plans for the future. He said that traffic would not be impacted, since most of the traffic in the area is going to and from the church. He added that they are prepared to make whatever arrangements are necessary to accommodate water and sewer lines. He listed the many agencies currently using their facility and noted that with a new facility they could address the need for good low-cost daycare and latchkey programs. He urged the Council to authorize the vacation. 4 February 4, 1992 STREET Bill Doolittle, 412 N. Washington, said he feels VACATION the vacation would be a giant step forward on the downtown revitalization. He added that streets had been vacated for such city-sponsored projects as the Centennial Building, the Library and Senior Center. He agreed that there would not be a lot of traffic in the area and said the City has a lot to lose by denying the vacation. Ted Nixon, 911 E. Temperance, urged the Council to look at both sides of the issue and not just follow staff's recommendation. WHITE MOVED to continue the public hearing until such time as the Downtown Infrastructure Study is complete. Johnson seconded for discussion. White noted that the initial part of the Infrastructure Study is to be completed in June of 1992 and that part of the study is to assess the infrastructure needs such as water, sewer, fire flow and parking regarding downtown. He commended the church for all their activities and said he hopes that a way to accommodate the church would come out of the study. He noted that it was staff who suggested continuing the hearing until the study is com- plete, and urged the Council to do so. He clari- fied for Johnson that the utility reference plans on sewer, water, storm and parking are due by June, 1992, and the total study should be complete by September. Wilson noted for Johnson that the church must still go through fund-raising and other processes and that their target is to have a new building within three to five years. He added that continuing the hearing would not delay them significantly. The motion to continue the hearing then carried. Woods reiterated that the Council is not opposing the project. Lubovich noted that since the date of the continued hearing is uncer- tain, the City will publish the hearing as a con- tinuation of this existing hearing with proper notices, mailing and posting so that the public will have knowledge of the hearing. He added that the applicant will be notified of the date of the hearing. 5 February 4 , 1992 STREET (PUBLIC HEARINGS - ITEM 2B) VACATION Street Vacation - Helen Street. This public hearing will consider an application by M. K. Yanagawa to vacate a portion of Helen Street lying between Washington Avenue and the Valley freeway, of STV-92-2 . Woods declared the public hearing open. Bill Doolittle asked whether the City owns this prop- erty, since no compensation is required, and Harris explained that it is a City right-of-way. Doolittle noted that the City is paying $10.50 sq. ft. for senior housing, and asked how many sq. ft. are involved in this project. Gill clarified that this particular portion of right-of-way was dedi- cated as part of a previous subdivision and is unimproved, vacant land, and that since the City has not expended any public funds in improving it, they are not requesting reimbursement from the property owners. Doolittle noted that the size and condition of the property is approximately the same as a piece of property the Parks Department just committed $55, 000 for. Gill explained that this property belonged to someone else, was turned over to the City, and now the owners are request- ing that it be returned to them, since it was deeded for potential future street improvements and now the owners don't wish to develop it as originally expected. Lubovich stated that Kent's ordinance has different categories for compensa- tion, based on the acquisition process, and on dedications the City is reimbursed for costs, which is what is being proposed tonight. Upon a question from Ted Nixon, Gill stated that once the property is returned to the private property owners, the Assessor' s Office will assess it appropriately. Lubovich noted that the Council must find that there is no public need for the street and that it is in the public interest to vacate the piece of land. There were no further comments and WHITE MOVED to close the public hearing. Orr seconded and the motion carried. JOHNSON MOVED to approve the Planning Department' s recommendation of approval of STV-92-2 , an appli- cation to vacate a portion of Helen Street lying between Washington Avenue and the Valley Freeway, and to direct the City Attorney to prepare the necessary ordinance, since the Council has found 6 February 4, 1992 STREET that there is no public need for said right-of-way VACATION and there is public benefit by turning it back to become taxable property to be developed as the Zoning Code allows. White seconded and the motion carried. FINAL (OTHER BUSINESS - ITEM 4A) PLAT Canterbury Place Final Plat No. SU-89-4. This meeting will consider an application for the Canterbury Place Final Plat No. SU-89-4 . The property is approximately 4 . 5 acres in size and is located north of S.E. 248th Street between 98th Avenue South and proposed 100th Avenue South (extended) . All conditions of the preliminary plat have been met. Planning Director Harris noted that this plat contains 15 single-family residen- tial lots and that construction will begin in the spring. JOHNSON MOVED to approve the staff' s recommended approval for Canterbury Place Final Plat No. SU- 89-4 . Orr seconded and the motion carried. PUBLIC (CONSENT CALENDAR - ITEM 3G) WORKS Emkay Development - Release of Reservations. AUTHORIZATION for the Property Manager to prepare the necessary documents releasing the reservation to acquire or obtain easements on a portion of South 181st as previously vacated, as approved by the Public Works Committee upon receipt of half the appraised value ($50, 000) . GROWTH (CONSENT CALENDAR - ITEM 3C) MANAGEMENT Growth Management Service Agreement. ADOPTION of Resolution No. 1309 relating to the Growth Manage- ment Service Agreement. The Growth Management Act (GMA) provides funding to cities and counties that are required to plan under the Act, such as Kent. GMA funds are distributed to the City of Kent through King County. This resolution constitutes the agreement between the City of Kent and King County for the distribution of 1991-92 funds, and represents an up-date of the original 1990-91 service agreement. The Planning Committee approved the proposed service agreement with minor modifications on January 21, 1992 . 7 February 4, 1992 COMMUNITY (OTHER BUSINESS - ITEM 4D) DEVELOPMENT Reallocation of 1991 Community Development Block BLOCK GRANT Grant Program (CDBG) Funds. The City Council Planning Committee has recommended approval of the reallocation of 1991 CDBG Funds. This would reallocate $421. 17 from the Housing Repair Ser- vices Program Project, No. C91526 to the Special Populations Resource Center Rehabilitation Project No. C90123 . JOHNSON MOVED to approve the reallocation of $421. 17 from the Housing Repair Services Program Project, C91526 to the Special Populations Resource Center Rehabilitation Project, C90123 . Orr seconded and the motion carried. CAPITAL (OTHER BUSINESS - ADDED ITEM 4E) IMPROVEMENT Capital Improvement Program. Charlie Kieffer pointed out that there is an item on the Impound- ment Reservoir in the Capital Improvement Program 1990-94 to fence the property, establish the wet- land area therein in correlation to the Corps 404 permit regulation, construct some minor drainage improvement and place a limited amount of fill in the anticipated levee areas. He asked whether the City will have to apply for a permit from the Corp to do the minor drainage improvements and whether that permit has been applied for. Gill said that the City has not yet initiated any work on the impoundment reservoir project and that this was to allow the City to do initial studies to see what the impacts would be so they would have a better idea as to permit requirements. He also noted for Kieffer that the City is looking at fencing for security. Woods requested that Gill meet with Kieffer about this, and both agreed. Gill also explained for Kieffer that no checklist has yet been drawn up on the line from Wax Road to Kent Springs. Kieffer asked to be notified when that checklist is ready, and Woods indicated that every effort would be made to keep him informed. 8 February 4, 1992 COUNCIL (CONSENT CALENDAR - ITEM 3E) Excused Absence for Councilmember Paul Mann. Because of a recent knee injury and pending sur- gery, approval of Councilmember Mann' s request for an excused absence from the City Council meetings of February 18, and March 3 , 1992 , as well as January 21, the day of the injury. POLICE (CONSENT CALENDAR - ITEM 3D) Municipal Jail Services Contracts. AUTHORIZATION for the Mayor to execute Municipal Jail Services Contracts with the following municipalities: Tukwila Federal Way Port of Seattle Algona SeaTac Pacific Des Moines Auburn Normandy Park Black Diamond (CONSENT CALENDAR - ITEM 3F) Working Together-Drug Reduction Grant. ACCEPTANCE of a Housing Authority Grant, ADOPTION of the $30 , 000 budget and APPROVAL for the Mayor to sign a contract with King County Housing Authority to target drug reduction in Valli Kee Apartments. King County has obtained a Housing Authority Grant to focus on drug reduction in King County Housing units. The contract will be for reimbursement of up to $30, 000 of additional services that will focus on crime prevention, block watch, DARE func- tions, and community security and crime reduction by officers assigned to bicycle patrol of the com- plex. $5, 000 will provide two bicycles and equip- ment and $25, 000 will cover salaries and benefits, primarily overtime for existing staff. No addi- tional staff will be added. This will focus addi- tional funds in the City' s drug reduction program without adding staff in an economically depressed budget year. FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Bills. Approval of payment of the bills received through February 4 , 1992 after auditing by the Operations Committee at its meeting on February 11, 1992 . 9 February 4, 1992 FINANCE Approval of checks issued for vouchers: Date Check Numbers Amount 1/16-1/31/92 114138-114863 $2 , 243 , 987 .48 Approval of checks issued for payroll: Date Check Numbers Amount 2/5/92 01167478-01168209 $ 658,763 . 50 REPORTS Council President. Woods announced that Suburban Cities will meet in Kirkland on February 12 and asked that Councilmembers who will be attending contact Christi Ryan at 859-3359 . She also announced that the date of the Council Retreat has been changed to March 13 and 14 , 1992 . Public Safety. Mann noted that he has previously voiced his feeling that Kent should have a full time mayor and stated that he has asked the City Attorney to draft such an ordinance. He read the draft ordinance and asked that it be forwarded to the Operations Committee for their consideration. There was no objection and it was so ordered. Parks Committee. Johnson noted that the next Parks Committee meeting is scheduled for February 18th at 5 : 30 p.m. Administrative Reports. Regarding the Council retreat, Chow noted that Administration has set up a procedure for department heads to provide input to the Council regarding target issues, and that the general consensus is that department heads would like to have a workshop with the Council to explain their goals and objectives for use in establishing 1993 priorities. White stated that this procedure has not been used in the past and that he is not comfortable with it. Woods stated that Council would take the recommendation under advisement and make a decision prior to the retreat. 10 February 4 , 1992 REPORTS 272nd/277th Project. John Kieffer announced that his neighborhood group is having an EIS comment meeting at Kent-Meridian High School on Wednesday at 7: 00 p.m. He noted that Tim LaPorte of the Public Works Department has been invited, and invited Councilmembers to attend. White stated that although he appreciates the offer, he will be out of town. Lubovich then advised Councilmembers against attending such meetings. EXECUTIVE At 8 : 10 p.m. , City Attorney Lubovich requested a SESSION 10-minute executive session regarding RUGG vs City of Kent. Woods noted that Councilmember Orr would not be in attendance during the executive session. The meeting reconvened at 8: 25 p.m. City Attorney Lubovich noted that the second trial regarding RUGG vs. City of Kent is scheduled for February 10 regarding damages with 1983 Federal civil rights violations as well as alleged violations of the Open Meetings Act. He noted that the injunctive relief dealt with an ordinance amending the rezone, and that the court found that the ordinance for the rezone and all action taken on the ordinance was invalid. He explained that the City has had discussions with RUGG' s attorneys regarding potential settlement and has reached a tentative proposal which was discussed in executive session. He explained that the pro- posal is that W.C. I.A. will pay $35 , 000 to RUGG's attorneys and the City of Kent will pay $5, 000 as total monetary payment to RUGG, and that in return the City agrees that it will take a neutral position should the issue of the violation and lawsuit be appealed and remanded for trial. He noted that this will not settle any claim with SDM, the co-defendant in this action, but that the City would not be precluded from taking a neutral position on remand. He recommended that the Council approve the proposal as outlined, on the condition that W.C. I.A. contribute $35, 000 and that the City enter into a satisfactory stipula- tion regarding disposal of the case with RUGG. 11 February 4 , 1992 EXECUTIVE Lubovich noted for Dowell that RUGG's attorneys SESSION have alleged $90, 000 in attorneys fees. He noted that he does not have a total tabulation of the City' s expenses but there is a risk of a judgment against the City in the second part of the trial. He said it is his belief the City' s $5, 000 contribution is insignificant compared to the cost of monitoring the trial. He also clarified for Dowell that the payment would go to RUGG as damages and they would disburse as they see fit. Dowell asked what the figure would be for outside attorneys and staff time and Lubovich said it would be at least $40, 000 but less than $80, 000. JOHNSON MOVED to direct the City Attorney to settle with RUGG in the amount of $5, 000 provided that WCIA agrees to pay $35, 000 with the condition that satisfactory stipulation is entered into. Houser seconded. Johnson pointed out that he had made the original motion to zone the area single- family and he felt that it was appropriate at the time and the Court now has confirmed that in rela- tionship to the Appearance of Fairness Doctrine. White said that while this may be the proper legal thing to do and the expedient thing to do, he can- not support it because he does not feel the action that was taken at that time was wrong, that the action was taken to correct a mistake that was made and he cannot change his position now. The motion then failed with only Johnson and Mann in favor, and White, Houser and Bennett opposed. Lubovich noted that the trial begins Monday, so this item will not be coming back to Council unless the trial is put off to another date. Dowell said this is an example of one of the more expensive executive sessions held in the City, and that he objects to executive sessions because he feels the public's business should be conducted in public. He said if that had been done before, the City could be $80, 000+ ahead. ADJOURNMENT The meeting then adjourned at 8 : 35 p.m. p Brenda Jacober, MC City Clerk 12