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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 11/17/1992 Kent, Washington November 17 , 1992 Regular meeting of the Kent City Council was called to order at 7 : 00 p.m. by Mayor Pro Tem Woods. Present: Councilmembers Houser, Johnson, Mann, Orr and White, Chief Administrative Officer McCarthy, City Attorney Lubovich, Planning Director Harris, Public Works Director Wickstrom, Police Chief Crawford, Fire Chief Angelo, Acting Finance Director Miller and Human Resources Director Olson. Approximately 75 people were at the meeting. PUBLIC Regional Justice Center. Mayor Pro Tem Woods COMMUNICATIONS introduced Kathleen Scott, Project Manager from King County, and Wendy Keller who will be working closely with the City of Kent regarding the Regional Justice Center. Kathleen Scott noted that this will be the largest capital project ever undertaken by King County and that the proposed siting on Site 19 will play a significant role in the revitalization of the downtown area. She also noted that the Regional Justice Center will house 770 employees including judges, court personnel and detention personnel as well as the courts, detention space, governmental offices, and a licensing counter to serve the fastest growing region in the County. Ms. Scott explained that a number of actions have been taken by King County since she was last here at the Council meeting in August. She noted that a levy has passed and the County Council has preliminarily agreed to the location at Site 19 subject to State DOE input and presentation of a third phase site characterization which will be scheduled with the King County Council as soon as they are through with their budgeting process. She further noted that TRA/HOK has been named as the Executive 's recommended architects to design the facility and they expect confirmation by the King County Council in December. Ms. Scott explained that until the site is actually secured the construction schedule is not finalized. She noted that the current schedule shows that they will begin the schematic design as early as January, construction will begin in the Fall of 1994 with some demolition and site work to occur prior to that time, and the project will be completed in mid 1996 . She mentioned that a 1 November 17 , 1992 PUBLIC preliminary meeting was held today with the City COMMUNICATIONS Administration familiarizing the design and con- struction teams with the City' s permitting process which will help keep them on schedule. She expressed that in January, 1993 , they would like to schedule a workshop with the City Council because they will have more specifics by then including site acquisition but that an earlier workshop can be scheduled, if so desired. Woods expressed that the City Council was hoping for a workshop on December 1st, but understands that until property acquisition it would be best to wait until January. She thanked Ms. Scott for the update. Human Services Presentation. Alice Shobe of the Planning Department/Office of Housing and Human Services noted that the Human Services Commission decided to take a different approach to the out- reach of communications during the Human Services Month for November by reaching out to the commun- ity instead of having the community come to them in a social setting. She presented a slide show which demonstrated the way they were able to reach out to the community. Ms. Shobe explained that the slide show was made possible because all of the agencies that are funded by the City have donated slides and the actual money spent by the City for this project was $12 . She noted that the recording studio time, music selection and the narration were donated services which saved the City money. White encouraged the Office of Housing and Human Services to keep up the good work and Woods stated that, on behalf of the Council, their gratitude be expressed to the individuals who gave willingly of their time and effort to make this possible. Dedication of Artwork. Mayor Pro Tem Woods announced that the Art Commission is celebrating the installation of the mural located in the Council Chambers which is entitled, "Lacework of the Earth" . She noted that it is a companion piece to a mural that was dedicated in 1991 and expressed appreciation to Dana Boussard, the artist, for the wonderful work of art. 2 November 17 , 1992 PUBLIC Croatian Children's Relief Effort. Mayor Pro Tem COMMUNICATIONS Woods introduced Kevin Puterbaugh who is a repre- sentative of a local group of citizens who are working on a Croatian Children' s Relief Effort. Mr. Puterbaugh explained that for the last year and a half there has been a war going on in what was formerly called Yugoslavia and that the children are suffering greatly from families breaking up and being forced to flee their country. He informed the Council that a program has been set up so that local citizens can help the children who are caught up in the Croatian/Serbian conflict. He noted that the project will bring a group of 15 teenagers from Croatia into the Kent, Federal Way, Des Moines and Auburn area to get them into a safe, healthy situ- ation where they can grow and develop, and at the end of a year they can return to their country and help to rebuild it. He explained that this type of project requires the support of the whole com- munity and that churches, civic organizations and local governments are being approached to help support this effort. He noted that all of these teenagers speak some English and are basically refugees who have had family members killed in the war. He explained that the chief areas of need are host families where they can live, medical care, clothing, and people who can help get the students into local schools (public and private) so that they can continue their education. Mr. Puterbaugh noted that the major area of financial support is in the area of airfare and that several areas are being explored such as working with airline companies, free travel, and possible military flights. Mr. Puterbaugh distributed a letter to the Council giving them a description and summary of this project as well as names and phone numbers of contact people and noted that he also has another packet with more detailed infor- mation for those interested. CONSENT JOHNSON MOVED that Consent Calendar Items A CALENDAR through M be approved, with the exception of Item 3K which was removed at the request of John Kiefer. Houser seconded and the motion carried. 3 November 17, 1992 MINUTES (CONSENT CALENDAR - ITEM 3A) _Approval of Minutes. Approval of the minutes of the regular Council meeting of November 3 , 1992 . WATER (CONSENT CALENDAR - ITEM 3L) Metro Rate Adjustment ADOPTION of Ordinance No. 3077 increasing the sewer base rate for residen- tial and commercial accounts to reflect adjust- ments established by METRO. (OTHER BUSINESS - ITEM 4H) Kent Senior Housing Water Main Extension Staff requests acceptance of the bill of sale and warranty agreement submitted by Bellewood Corpor- ation for continuous operation and maintenance of approximately 513 feet of water main extension in the vicinity of 615 West Harrison Street and release of bonds after expiration of the mainte- nance period, as recommended by the Public Works Committee. WHITE SO MOVED. Houser seconded and the motion carried. SEWERS (CONSENT CALENDAR - ITEM 3C) Sewer Connection Penalty Ordinance ADOPTION of Ordinance No. 3076 relating to sewer connections and establishing a penalty for failure to connect to the City' s public sewer system. This ordinance was removed from the October 20 Council meeting and referred back to the Public Works Committee. The Public Works Committee made no change to the ordinance and has referred it back to the full Council for action. (CONSENT CALENDAR - ITEM 3H) LID 338 - Westview Terrace/McCann's Westview Sanitary Sewer. AUTHORIZATION to set January 19, 1993 , as the hearing date on the Final Assessment Roll for LID 338. (CONSENT CALENDAR - ITEM 3I) LID 339 - Hilltop Avenue Sanitary Sewer. AUTHORIZATION to set January 5th as the hearing date on the Final Assessment Roll for LID 339. 4 November 17 , 1992 STREETS (CONSENT CALENDAR - ITEM 3F) LID 336 - East Valley Highway. ACCEPTANCE as complete of the contract with Gary Merlino Con- struction, Inc. , for LID 336 East Valley Highway road improvement project and release of retainage after receipt of State releases. STREET (PUBLIC HEARING - ITEM 2A) VACATION 1O4th Avenue SE at 252nd Block (Portion of) STV- 92-4. This public hearing will consider an appli- cation by D. Alan Bond of Emma Platz Company to vacate a portion of 104th Avenue S. and S.E. 252nd Street. Planning Director Harris pointed out that 104th Avenue S.E. is fully improved with curb, sidewalk and gutter. Mayor Pro Tem Woods declared the public hearing open. George Hanson, 1809 7th Avenue, Seattle, the architect representing Red Robin, noted that they are in the process of buying this parcel of land from Alan Bond and that they concur with the recommendation of the Planning staff. There were no further comments from the audience and WHITE MOVED to close the public hearing. Orr seconded and the motion carried. Harris clarified for Orr that street vacations do not go to the Planning Committee. ORR THEN MOVED to approve the recommendation of approval with one condition on the application to vacate a portion of 104th Avenue S. at S.E. 252nd Street, and to direct the City Attorney to prepare the necessary ordinance upon receipt of compensation at 1/2 the full appraised value thereof. Houser seconded. Lubovich noted that an ordinance has been prepared at the request of the applicant. Copies of the ordinance were distributed to the councilmembers, and Lubovich pointed out that this is conditioned upon payment of half the assessed value, which will most likely be made on November 18th. After reading the ordinance, ORR AMENDED her motion to include adoption of Ordinance No. 3075. White seconded and the motion carried. 5 November 17, 1992 TRAFFIC (CONSENT CALENDAR - ITEM 3G) CONTROL LID 333 - 72nd Avenue South & S. 180th Street Traffic Signal. AUTHORIZATION to set January 5th as the hearing date on the Final Assessment Roll for LID 333 . REZONE (PUBLIC HEARING - ITEM 2C) APPEAL Stratford Arms Phase II Appeal (#RZ-92-1) . This public hearing will consider an appeal by SDM Properties from the Hearing Examiner' s recommenda- tion of denial of an application to rezone 1. 23 acres from R1-9 . 6, Single Family Residential, to MR-M, Medium Density Multifamily Residential. The property is located in the East Hill neighborhood approximately 660 feet north of SE 256th Street at 113th Avenue SE. This location lies adjacent to and east of the existing Stratford Arms Apart- ments. WHITE MOVED that Councilmember Orr be excused from participation in this matter. Johnson seconded and the motion carried. Lubovich pointed out that there is another phase to this issue which appears as Other Business Item 4B. He explained that all rezones go to the Hearing Examiner for a hearing and then come to the Council with a recommenda- tion. He clarified that this item is an appeal of the Hearing Examiner's decision, and noted that this is a quasi-judicial matter which is limited to the appeal itself. Assistant City Attorney Brubaker stated that after the application requesting a rezone was received, public notice was given to all affected parties and a hearing was held before the Hearing Examiner. He noted that people testified under oath and presented evidence at that hearing. The Hearing Examiner then issued findings and a recom- mendation to the Council, and that the Council will make that decision under Item 4B tonight. He further noted that the applicant has a right to appeal the recommendation of the Hearing Examiner, and that the basis of the appeal is limited to the record that was presented to the Hearing Examiner. He explained that the appeal can only be on proce- dural irregularities that materially affect the outcome, if the recommendation is unsupported by 6 November 17 , 1992 REZONE the evidence given, or if the recommendation were APPEAL deemed to be inconsistent with the Comprehensive Plan. He said he has reviewed the appeal given by SDM Properties and briefly outlined issues as follows: On page 2 of the appeal, they note that the Hearing Examiner stated that all who testified at the hearing stated that the rezone would be in- compatible with existing development and they pointed out that one adjacent property owner to the south was in favor of the rezone; on page 3 they state that the owners of the property to the north were not given notice; and on page 4 they state that the Examiner ignored the existence of the Stratford Arms Apartments when dealing with the compatibility of the proposed rezone with the character of the area. Planning Manager Satterstrom showed the location on the map and stated that the proposed rezone was to MRM which allows up to 23 units per acre, and the existing zoning is R-1. 96 which means single family, 9600 sq. ft. minimum lot size. He added that the site plan submitted with the rezone request showed 21 units. He noted that the Hearing Examiner' s recommendation was issued on September 3 , that Mr. Morford immediately appealed that, and subsequently submitted an additional letter detailing the reason for the appeal. Satterstrom noted that the Hearing Examiner found that the proposed rezone was inconsistent with four of the five criteria and therefore recom- mended denial. Woods noted that the appellant has thirty minutes to present his argument. Tom Sharp of SDM Proper- ties, 11126 SE 256th, stated that he has not had any ex parte communications with anyone on the Council or staff concerning this rezone request. Upon Sharp's request, Satterstrom provided a copy of the official Comprehensive Plan Map. Sharp noted that early in 1992 the zoning for this parcel was overturned by the King County Superior Court, at which time they were advised by the City Attorney to submit a rezone application for this particular site, which they did. He said that their attorney, Roger Leed, attended the Hearing Examiner process and is still involved although not present at tonight ' s meeting. Sharp said that 7 November 17, 1992 REZONE in the Hearing Examiner' s recommendation there are APPEAL five points to affirm in order to demonstrate the worthiness of a rezone: 1) Compatibility with the Comprehensive Plan. Sharp said this rezone is compatible with the Com- prehensive Plan as it was in 1988 and 1989. He said that if the zoning was compatible with the Comprehensive Plan in 1988 and 1989, and we are going back to that date, the rezone request would be compatible with the Comprehensive Plan at that point. He said they have no discrepancy that there have been overlays by the City of Kent sub- sequent to the passing of the Zoning Ordinance 2837 for this area, but that they don't agree with the idea that Ordinances 2901 and 2905, and Resolutions 1230, 1235 and 1237 have any bearing whatsoever on this rezone request. 2) Compatibility with the surrounding area. Sharp said the site plan as requested by the City is exactly the same plan as was submitted for a building permit which has subsequently been issued by the City and red-tagged by the Building Depart- ment. He said the plan meets all criteria for multi-family transition areas, and they feel the Hearing Examiner erred in consideration of some erroneous testimony concerning the compatibility with the surrounding area. 3) Consistency with the Transportation Plan. Sharp said the rezone is consistent with the Transportation Plan and that they have signed documents saying they will participate in the 277th Corridor, as well as other documents requested by the City in order to be consistent with the Transportation Plan within the City. 4) Changed circumstances. Sharp said there can't be any changed circumstances since we are going back to 1988 and 1989 , that the Council had found there was a mistake, and that a technical problem caused by the staff is the reason we are here. 8 November 17, 1992 REZONE 5) Infringement on the health, safety and welfare APPEAL of the City. Sharp said they will not infringe on the health, safety and welfare of the City, that they have met all the criteria, and that the building design has been affirmed by a building permit. Woods declared the public hearing open. Kevin Flatt, 11224 SE, questioned why the process cannot be improved, and took exception to Sharp' s remark regarding erroneous testimony, noting that here is no evidence of such. Arnold Hamilton, 25410 - 113th Avenue SE, said that the rezone would affect his welfare and property values would be depre- ciated. There were no further comments and WHITE MOVED to close the public hearing. Johnson seconded and the motion carried. Johnson noted that the Hearing Examiner' s minutes were clear and that the appellant has failed to provide any evidence which would support overturning the appeal. HE MOVED to approve and adopt the Hearing Examiner' s findings and recommendations to deny the appeal. Houser seconded. The motion carried with Orr abstaining. REZONE (OTHER BUSINESS - ITEM 4B) Stratford Arms Phase II Rezone RZ-92-1. This meeting will consider the Hearing Examiner' s rec- ommendation of denial of an application by SDM Properties (Stratford Arms Phase II rezone appli- cation) to rezone 1. 23 acres from R1-9 . 6, Single Family Residential, to MR-M, Medium Density Multi- family Residential. The property is located in the East Hill neighborhood approximately 660 feet north of SE 256th Street at 113th Avenue SE. This location lies adjacent to and east of the existing Stratford Arms Apartments. Assistant City Attorney Brubaker noted that this phase is when the Council will make the final decision on the rezone. Sharp asked whether there is a statute that the City based the finding on concerning the Appearance of Fairness Doctrine and the voting of Councilmembers, and Lubovich responded that it is Title 42 . 36. Lubovich noted that this item is quasi-judicial, that the Appearance of Fairness Act does apply, and 9 November 17, 1992 REZONE recommended that Councilmember Orr refrain from taking part. He clarified for Orr that the letter signed by some Councilmembers two years ago regarding their intent at the time would not have an impact. WHITE MOVED that Orr be excused from participation in this item. Houser seconded and the motion carried. A man from the audience asked why the audience was not given a chance to address the motion regarding Orr' s participation. He said he feels this constitutes a violation of the Appearance of Fairness and that it has taken away their representation. Lubovich explained that it was not a matter of debate, and that Orr chose to refrain so as not to jeopardize the action. Lloyd Weatherford, 25332 - 113th Avenue SE, noted that he lives directly east of the proposed rezone, and stated that one of the reasons the Planning Commission made a recommendation that there not be any zoning change is because that particular property is not where the housing ends, and that there are four pieces of property zoned single family. He pointed out that the property on both sides of the rezone request is single family, as is all the property up and down the street on both sides. He said if the requested rezone is granted, it will constitute a spot zone. He urged the Council to respect the integrity of the Planning Commission and retain single family zoning. Arnold Hamilton displayed the five criteria to be used when considering a rezone and said that the rezone would not be consistent with the Comprehensive Plan, would not be compatible with development in the vicinity, would burden the transportation system, and would devalue property. He noted for White that there is a single-family resident on the property at this time. William Green, 28224 - 105th Avenue SE, noted that he owns a home on 113th Avenue which he bought to be in a single family area. Jeff Tucker, 25420 - 113th Avenue SE, said that the safety of children in the area is an issue because of traffic, and that the map does not show the full perspective. Kevin Flatt supported the Hearing Examiner' s recommenda- tion and commended the staff. 10 November 17, 1992 REZONE Tom Sharp, a partner in SDM Properties, noted that in 1988 or 1989 there was an area-wide rezone which affirmed the recommendation that Stratford Arms Phase II be zoned MRM and that was never appealed by anyone. He said the Council passed an ordinance which contained a mistake, which was corrected after quite some time. He said a DNS was issued for a 21-unit apartment for SDM Properties, a building permit was issued, all the proper zoning permits were issued and construction was started. He stated that he feels SDM Proper- ties has been wronged, and they are out consider- able expense and time. He reiterated that the zoning passed by the Council was overturned and subsequently the building permit was revoked. He said they asked if they would be fairly treated if they requested a rezone of the existing Stratford Arms on the same basis that the building permit was issued. He added that they have been treated fairly, things have gone smoothly and they have not had any special privileges. He said the opponents of this project consider this to be an issue of second class citizens, which he takes exception to. He questioned what would happen if the apartments became condominiums. He said they have done everything correctly and asked why, since nothing has changed, they are being treated differently. He noted that the single family lots to the north of the subject property are person- ally owned by one of his partners, Paul Morford, and that Morford does not object to this project. He stated for Arnold Hamilton that Morford would not apply for a rezone for that property. Lloyd Weatherford said that the fact that SDM Properties has spent money on this project is their own problem, and that he does not object to apartments if they are in the right place. JOHNSON MOVED to accept the findings of the Hearing Examiner, and to adopt the Hearing Exami- ner's recommendation of denial of the Stratford Arms Phase II Rezone No. RZ-92-1, Houser seconded for discussion. Lubovich suggested as a friendly amendment that Johnson' s motion include directing the City Attorney to prepare the necessary ordi- nance or resolution for the next Council meeting. Johnson and Houser agreed. Johnson said that to 11 November 17 , 1992 REZONE grant a rezone would constitute a spot zoning, since only the property to the west is multi- family. He added that to grant the rezone would constitute a special privilege to the applicant, and agreed that financial issues are not to be considered. White noted that originally it was his intent that a property line be kept in place, and that he was not aware that there was single family residency on this property at the time. He stated that the Court disagreed with his decision and overturned it, and he is not inclined to go against that. Mann concurred with Johnson and asked that the video of tonight's meeting be retained in case there is future litigation. The motion to accept the findings of the Hearing Examiner, to adopt the Hearing Examiner' s recom- mendation of denial, and to direct the City Attorney to prepare the necessary ordinance or resolution then carried. ZONING (OTHER BUSINESS - ITEM 4E) CODE Zoning Code Amendment - Multifamily Residential as AMENDMENTS Conditional Use in Non-Residential Zones and to Add a definition to Mixed Use Development to the Zoning Code (ZCA-92-1) . This meeting will consider the recommendation by the Planning Com- mission to amend the Kent Zoning Code to allow multifamily residential use in commercial and office zones only in conjunction with mixed use development proposals. The Commission also rec- ommends that a definition of "mixed use develop- ment" be added to Section 15. 02 of the Zoning Code which states, "Mixed use development shall mean two or more permitted uses or conditional uses developed in conjunction with one another on the same site. " The Planning Commission approved these amendments at their September 28 , 1992 public hearing. Upon White' s question, Planning Director Harris explained that the Code currently allows multi- family to take place in a commercial zoning dis- trict. Satterstrom further clarified that this code amendment would make multi-family a 12 November 17, 1992 REZONE conditional use in non-residential zones only when in a mixed use configuration. He also noted that the density would be the same as the prevailing density in the area. ORR MOVED to approve the recommendations made by the Planning Commission to amend the Kent Zoning Code to allow multifamily residential use as a conditional use only when included within a mixed use development and to add a definition of mixed use development to the Zoning Code 15. 02 , and to direct the City Attorney to prepare the necessary ordinance. Johnson seconded and the motion carried. (OTHER BUSINESS - ITEM 4F) Zoning Code Amendment - Sandwich Board Signs #ZCA- 92-2. This meeting will consider the recommenda- tion by the Planning Commission to amend the Kent Zoning Code to permit sandwich board signs in the M-1, Industrial Park Zoning District. The Plan- ning Commission approved this amendment at their September 28 , 1992 public hearing. ORR MOVED to approve the recommended approval by the Planning Commission to amend the Kent Zoning Code regarding sign code regulations and to direct the City Attorney to prepare the necessary ordi- nances. White seconded and the motion carried. (OTHER BUSINESS - ITEM 4G) Recreational Vehicle Park and Zoning Code Amend- ment #ZCA-92-3. This meeting will consider the Planning Commission' s recommendation to amend the Recreational Vehicle Park Code and the Kent Zoning Code to allow recreational vehicle parks as condi- tional uses in the GC (General Commercial) zone. The Planning Commission approved this amendment at their October 26, 1992 public hearing. ORR MOVED to approve the recommendation of the Planning Commission to amend the Recreational Vehicle Park Code and the Kent Zoning Code to allow recreational vehicle parks as conditional uses in the GC (General Commercial) zone, and to direct the City Attorney to prepare the necessary ordinance. Houser seconded and the motion carried. 13 November 17, 1992 PROPERTY (CONSENT CALENDAR - ITEM 3K) ACQUISITION REMOVED AT THE REQUEST OF JOHN KIEFER Property Acquisition - Ramstead. AUTHORIZATION to acquire the Ramstead property located along the proposed 277th Corridor route and AUTHORIZATION for the City Attorney or the Public Works Property Manager to close on same. Kiefer congratulated Mrs. Ramstead for her success in selling the hillside to the City, and asked the tax lot numbers of the property being purchased. Wickstrom agreed to get that information to him. Kiefer inquired as to the purpose of the 90+ acre acquisition, and White said it is the intent of the Public Works Committee that it be used for a future arterial, and that he'd like to see any surplus property be used as a park. Mann said that he does not believe we will ever see the corridor built, and that this is an investment on the part of the City. Charlie Kiefer distributed a packet of information and ORR MOVED that it be made a part of the record. White seconded and the motion carried. Kiefer pointed out that the EIS states in P402 that both the cities of Auburn and Kent and King County have jointly planned this project, and to proceed into actual right-of-way acquistion and road construction, the Cities and County would have to enter into an interagency agreement. He asked what P402 has to do with acquisition of this property. Wickstrom explained that if the City were in a position of having to condemn, an inter- local agreement with the County to be lead agency for acquisition outside the City limits would be required, but that this is a negotiated purchase, not a condemnation. Kiefer questioned the integrity of the EIS, and John Kiefer said that the integrity and credibility of the EIS is being put in jeopardy. Bob Nelson, 24048 - 156th Avenue SE, asked about the source of funds to be used for this acquisi- tion, and McCarthy explained that in 1989 a bond issue was sold for $2 , 980, 000, of which $2, 000, 000 is related to the corridor projects and the other $980, 000 was for the public safety training center. 14 November 17, 1992 PROPERTY WHITE MOVED to acquire the Ramstead property ACQUISITION located along the proposed 277th corridor route and to authorize the City Attorney or the Public Works Property Manager to close on same. Houser seconded. Upon Mann' s question, the City Attorney clarified that the City can buy property without interlocal agreements with the County for acquisi- tion of property. He noted that certain funding sources are designated for arterial use. He added that the EIS is not affected. He noted for Orr that if a decision were made not to use the property for an arterial, the bonds would have to be paid off. Wickstrom noted that there are sources of funds other than the $2 , 000, 000 bond issue. The others are an $800, 000 Capital Improvement Fund expenditure that was budgeted in the late 801s, and mitigation fee funds. White suggested that staff look for a source not directly tied to the road funds if possible, so that in the event the corridor is not built, the property could be kept as open space. Doolittle pointed out that this property is outside the City limits and asked whether any steps have been taken to annex. McCarthy noted that $6, 000, 000 is dedi- cated for street purposes and agreed with White that they can determine the best source to pay for it. Mr. Nelson asked for an identifying number on the bond document which was referred to earlier, so that he can refer to it in a public information request. Woods asked him to give his name and address to staff after the meeting so that the information can be provided. A man from the audience suggested using the money to put an overpass over the railroad tracks. The motion to acquire the property then carried. SURPLUS (CONSENT CALENDAR - ITEM 3J) EQUIPMENT Surplus Vehicles and Equipment. AUTHORIZATION to surplus vehicles and equipment as outlined in Jack Spencer' s memo of October 14 , 1992 , and to offer same for sale. BUDGET (PUBLIC HEARING - ITEM 2B) 1993 Budget Including 1993 Capital Improvement Program. This date has been set to continue the public hearing on the 1993 Budget. Input will also be taken on the 1993 component of the Capital 15 November 17, 1992 BUDGET Improvement Program. Chief Administrative Officer McCarthy went over the Mayor's four step approach to balancing the budget, and noted that the budget document also addresses reestablishing the Capital Improvement Fund, enhancing the Contingency Fund and planning for the future. McCarthy explained that there is a proposal in the Capital Improve- ment Program to fund projects in 1993 , and there are funds which would be available when the City looks at a 6-year CIP next spring. He noted that the Budget Committee will meet at 4 : 00 on November 23 , to put together a proposal to bring to a workshop at 5: 30 that day, at which time it will be decided whether additional work needs to be done on the budget or whether it will be ready for adoption on December 8th. Upon White' s request, McCarthy agreed to provide a final set of figures before Monday. White clarified that he is requesting a forecast for 1993 in easy to under- stand language. Mayor Pro Tem Woods declared the public hearing open. Bill Doolittle, 412 N. Washington, noted that one of the documents states that in case money is freed up, priority on new hires will be given to the areas of public safety and depart- ments that have experienced 20% reduction in positions. He noted that at this time only Administration and the City Clerk' s Office meet those criteria, and that is mainly because posi- tions were deleted which had never been filled in the first place. He asked that the 20% item be removed. He also suggested that the City Hall remodel be postponed for at least one year, noting that the grant from Puget Power will probably be still available at that time. He said it is premature to allocate $75, 000 to conduct a study on erecting two parking garages downtown, and that that money should be added to sidewalk repairs. Doolittle disagreed with the rate increase and rebate for the Parks Department, and suggested settling on an 18% increase. Barbara Simpson, Executive Director of the Chamber of Commerce, spoke in favor of building the contingency fund up to the 8% level, and of removing budgeted but vacant positions from the 16 November 17, 1992 BUDGET projections. She suggested restructuring the organization before looking at revenue enhance- ments. There were no further comments and WHITE MOVED to close the public hearing. Orr seconded and the motion carried. Woods reiterated that the budget will be discussed by the Budget Committee at 4 : 00 on Monday, and at a workshop at 5: 30 the same day. She added that the official meeting to adopt the 1993 budget will be a one-item only special meeting on Tuesday, December 8th. (CONSENT CALENDAR - ITEM 3D) 1993 Budget Workshop. AUTHORIZATION to set 5: 30 p.m. , November 23 , 1992 , as the time and date for a workshop regarding the 1993 Budget, including the Capital Improvement Program. The workshop will be held in the Council Chambers of Kent City Hall. This workshop was discussed at the Council meeting of November 3 , 1992 . (CONSENT CALENDAR - ITEM 3E) Special Council Meeting on the 1993 Budget. AUTHORIZATION to set a Special Council Meeting for December 8 , 1992 , at 7 : 00 p.m. in the Council Chambers of Kent City Hall . The purpose of the meeting is to adopt the 1993 Budget including the Capital Improvement Program. This was discussed at the Council meeting of November 3 , 1992 . FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Bills. Approval of payment of the bills received through November 16 after auditing by the Operations Committee at its meeting at 3 : 00 p.m. on November 17, 1992 . Approval of checks issued for vouchers: Date Check Numbers Amount 11/1-11/16/92 124388-124952 $2 , 479, 062 . 03 Approval of checks issued for payroll : Date Check Numbers Amount 11/20/92 1178526-1178966 $ 329, 934 . 79 Direct Deposit 326, 154 . 90 $ 656, 089 . 69 17 November 17, 1992 PERSONNEL (OTHER BUSINESS - ITEM 4A) Appointment of Chief Administrative Officer. Mayor Kelleher has nominated Laurence A. (Tony) McCarthy as Chief Administrative officer. Mr. McCarthy' s experience with the City and knowledge of the budget situation make him an excellent candidate for the job. HOUSER MOVED to confirm the appointment of Laurence A. (Tony) McCarthy as Chief Administrative Officer. Mann seconded. Houser noted that Mr. McCarthy's knowledge of the budget, the amount of time he has spent with the City, and the working relationship he has with the Council is excellent and felt he would make a good Chief Administrative Officer. White expressed that he would like to look at the process that was not used for the appointment of this position. He stated that there were over 100 applicants for this job and the Council has never seen the names of the applicants. He also said that he feels the Council owes it to the citizens of Kent to have an open process for hiring, and therefore he would not be able to support Mr. McCarthy's appointment. Johnson concurred with White concerning the process used, and asked for a list of the appli- cants which the Mayor was considering. He said he will support the appointment of Mr. McCarthy because he feels he is qualified for the job. Orr noted that she shares Johnson' s concerns but that she will support the appointment of Mr. McCarthy because she has confidence in him and looks forward to working with him in the future. Upon a roll call vote, the motion to confirm the appoint- ment of Laurence A. (Tony) McCarthy as Chief Administrative Officer then carried 4-1 with only White opposed. COUNCIL (CONSENT CALENDAR - ITEM 3M) ADDED BY CITY ATTORNEY Council Absence. Approval of Councilmember Bennett's request for an excused absence from tonight' s meeting, due to illness. 18 November 17, 1992 COUNCIL (OTHER BUSINESS - ITEM 4C) City Representation. The purpose of this resolu- tion is to establish guidelines for obtaining the City Council 's position on any vote or other action on behalf of the City regarding major policy issues when the Mayor or any Councilmember represents the City on any board, commission or agency outside the City. JOHNSON MOVED for adoption of Resolution No. 1335 regarding City representation before boards, com- missions or outside agencies. White seconded. White noted that sometimes when Councilmembers represent the City it is not always possible to find out how the others feel about a certain matter and said that this resolution is an expression of where the Council would like to be headed and they can now work toward accomplishing it. The motion then carried. LIBRARY (OTHER BUSINESS - ITEM 4D) Annexation to the Library District. The City Council at a workshop on November 3 heard a presentation from City staff and the Library District on the pros and cons of annexation to the Library District. The City could have an estimated one time only savings of $292 , 874 if the Kent voters approve annexation. Cost of the election is estimated to be $30, 000 whether the ballot issue is approved or not. The $30, 000 is based on $1. 50 per registered voter with 19, 691 registered voters for the 1992 presidential elec- tion. The number could be less with voter purging after the presidential election or if other enti- ties have a ballot issue and can share the cost, or if a mail-in ballot is used at $1. 00 per regis- tered voter. Houser noted that this is the first time the Coun- cil has been informed of the cost for the election and that she is concerned about spending $30, 000 at this time. She stated that the Council was told that whether the annexation passed or failed the City would save $295, 000, a figure that is incorrect. She stated that this is an issue which needs to be fully explained to the citizens of the 19 November 17, 1992 LIBRARY City because it is complicated, and noted that she is not ready to vote on it yet. Upon White's suggestion that the issue be on next Fall 's ballot, Mr. Ptacek explained that whether this annexation is voted upon tonight or at another time, the King County Library System is willing to go out and do the job necessary to accomplish the goal. He explained that the con- tract between King County and the City of Kent will go up whether the City is annexed or not, but until then it would cost less to annex. He noted that in order to receive the one-time savings an election would have to take place before May, 1993 , and become effective in 1994 . He noted that the Library District has looked into whether they could get involved with election costs several years ago and found that they could not for many reasons. White suggested tabling this matter and researching what elections may be coming up. Woods suggested deferring this issue until a later date, and it was so agreed. Ms. Dreblow of the Library Board and Friends of the Library agreed that they would go all out to try to ensure a successful election. Pam Stephens, 182P - 317th Street, said that she gets immediate help from Kent' s research department, but not from King County' s. Woods assured her that this particular library has been designed to provide that service, and that would not change. REPORTS Council President. Woods noted that tours of the new Senior Housing facility can be arranged through Alana McIalwain. Operations Committee. Houser announced that the Operations Committee will meet at 2 : 00 p.m. on December 1st, which is one hour earlier than usual. She added that they will hear staff reports from department heads. Planning Committee. Orr announced to the Council that she is currently serving on a school task force that will be developing a report on the level of service which will be given to the Kent School Board in January, and encouraged their input. 20 November 17 , 1992 REPORTS Budget Committee. Johnson noted that the Budget Committee will meet at 4 : 00 on Monday, November 23 , and there will be a workshop following at 5: 30. White informed the Council that he is serving on the National League of Cities Resolution Committee and that he will be journeying to New Orleans next week to represent the State association. EXECUTIVE At 9 : 45 p.m. , McCarthy announced an executive SESSION session of approximately 15 minutes to discuss labor negotiations. ADJOURNMENT The meeting reconvened and adjourned at 10: 20 p.m. Brenda Ja o r, CMC City Clerk 21