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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 02/01/2000 Kent, Washington February 1, 2000 The regular meeting of the Kent City Council was called to order at 7 : 00 p.m. by Mayor White. Present : Councilmembers Amodt, Brotherton, Clark, Epperly, Orr and Yingling, Operations Director McFall, City Attorney Lubovich, Fire Chief Angelo, Police Chief Crawford, Public Works Director Wickstrom, Finance Director Miller and Parks Director Hodgson. Councilmember Woods was excused from the meeting. Approximately 75 people were in attendance . CHANGES TO Councilmember Orr added Consent Calendar Item 6L, THE AGENDA the City Attorney added potential litigation to the executive session, and citizens requested the addition of development near Lake Fenwick, the S . 228th corridor project, and the storm drainage rate increase. PUBLIC State of the City Address. Mayor White stated COMMUNICATIONS that Kent is a better, stronger, more vibrant city than ever before, noting progress in the park system, improvements in the transportation system, a lowered crime rate, an upgrade in the credit rating, and efficient, high quality services . He said that 2000 will be a year of accomplishment including the 196th and 277th corridors, improve- ments on SE 256th, Phase One of the Sounder Commuter Rail Station, numerous park improvement projects, the development of a Civic and Performing Arts Center, and construction of a parking garage . He also spoke of growing the local economy and making progress in the imple- mentation of technology, and thanked the Council and staff for their support . Introduction of Appointee. The Mayor introduced Scott Manthey, his appointee to the Kent Arts Commission, and noted that Mr. Manthey' s photography had been on display in the gallery in January. Groundhog Job Shadow Day. Mayor White read a proclamation noting that Groundhog Job Shadow Day is an opportunity for students to spend one day shadowing professionals from all walks of life in an effort to see how the skills learned in school are put into action in the workplace . He pro- claimed February 2, 2000 as Groundhog Shadow Day 1 Kent City Council Minutes February 1, 2000 PUBLIC in the City of Kent and encouraged local COMMUNICATIONS businesses to get involved in the program. Colleen Nelson, Principal of Kent Junior High accepted the proclamation, explained that Amanda Wilson had job shadowed the Mayor today, and thanked the Mayor' s Office for their support . Chamber of Commerce. .Week. The Mayor read a pro- clamation noting that Chambers of Commerce have served their local communities with distinction and dedication, enhancing the state ' s economy and improving the quality of life for its citizens, and proclaimed February 9-16, 2000 as Chamber of Commerce Week in the City of Kent . Barbara Ivanov, Chamber Director, accepted the proclama- tion and expressed thanks on behalf of the 750 members of the Kent Chamber. Award to Police Department. Connie Epperly, Chair of the Public Safety Committee, noted that the Kent Police Department was recently called upon to assist in the World Trade Organization situation in Seattle . She presented an award to Sgt . Brian Jones in appreciation of the outstanding job they have done. Sgt . Jones expressed thanks for this recognition on behalf of the men and women of the Police Department . GFOA Award. Mayor White announced that the City of Kent has received the Distinguished Budget Presentation Award from the Government Finance Officers Association, which he presented to Cliff Craig of the Finance Department . Finance Director Miller noted that this is a national award, and commended Craig and his staff for their work on the budget . &=Iovee of the Month. Mayor White announced that Marion Taylor of the Police Department has been selected Employee of the Month for February. He noted that she exceeds in handling all tasks in the Corrections Facility Office, and demonstrates genuine kindness and empathy during family visits with inmates . Police Chief Crawford said that 2 Kent City Council Minutes February 1, 2000 PUBLIC Ms . Taylor always has a smile and follows the Kent COMMUNICATIONS Cares motto. CONSENT ORR MOVED that Consent Calendar Items A through L CALENDAR be approved. Clark seconded and the motion carried. MINUTES (CONSENT CALENDAR- ITEM 6A) Approval of Minutes. APPROVAL of the minutes of the regular Council meeting of January 18, 2000 . PUBLIC WORKS (ADDED ITEM) Development Near Lake Fenwick. Charles Crust, 26530 Lake Fenwick Road South, brought up the subject of the Lakeview Ridge development . Deputy City Attorney Brubaker explained that two separate hearings on this matter have been held before the Hearing Examiner and that a final decision has been issued. Crust said he is here to appeal to the Council, and it was clarified that the route of appeal would be to Superior Court . There was no objection from the Council to hearing Mr. Crust ' s comments. Crust distributed a packet of information, spoke in opposition to the development, and presented a petition signed by residents of the area. He explained the history of the area and voiced concern about the amount of septics on the lake, degradation of future ground- water, landslides, septic inspections, control of storm water runoff, costs of street improvements, and the fairness of the DNS appeal process . He asked the Council to deny the building permits. Joe Rupp, 26504 Lake Fenwick Road South, said he wants the Lake Fenwick Basin to be ecologically protected. Ms. Morgan, 4628 Kent Court, voiced concern about danger to turtles, bald eagles, and trees in the area. Mollie Warner, 26724 51st Place, spoke against the development, noting the runoff which occurs after development . Bill Sharick, 26605 Lake Fenwick Road, said he feels the drain field will not hold up. Bonnie Tanner, 26420 Lake Fenwick Road South, said the aerator in the lake is not doing the job and that the lake is no longer pristine, and said she is opposed to the 3 Kent City Council Minutes February 1, 2000 PUBLIC WORKS development . Becky Friar, 26412 Lake Fenwick Road, voiced concern about runoff, partying at the lake, and pollution, and said the development will ruin the ecological system of the lake. ORR MOVED to make the material received a part of the public record. Epperly seconded and the motion carried. Upon Orr' s question, Lubovich explained the procedures for development issues and noted that the Council has no authority to intervene in the process, except by establishing different regula- tions . He agreed to research this project and respond to Councilmembers. McFall noted that the City has no plans to extend sewer service into the area, as the cost to do so would be prohibitive. HEALTH & (CONSENT CALENDAR - ITEM 6G) SANITATION Extended Stay America (84th Avenue South) Bill Of Sale• ACCEPT the Bill of Sale for Extended Stay America submitted by Dan Sterns, Director of Extended Stay America for continuous operation and maintenance of 981 feet of watermain improve- ments, 165 feet of sewer main, 427 feet of street improvements and 159 feet of storm sewer and release of bonds after the expiration period, as recommended by the Public Works Director. The project is located at S . 224th Street and 84th Avenue South. (CONSENT CALENDAR - ITEM 6H) Falkner Short Plat Bill Of Sale. ACCEPT the Bill of Sale for Falkner Short Plat submitted by Baseline Engineering Inc . for continuous operation and maintenance of 461 feet of sanitary sewer improvements and release of bonds after the expiration period, as recommended by the Public Works Director. The project is located at 22225 93rd Avenue South. TRAFFIC (CONSENT CALENDAR - ITEM 6E) 1999 Traffic Striving Contract ACCEPT the 1999 Traffic Striping contract as complete and release retainage to Stripe Rite upon standard releases from the State and release of any liens, as 4 Kent City Council Minutes February 1, 2000 TRAFFIC recommended by the Public Works Director. The original contract amount was $62, 575 . 60 . The final construction cost was $52, 579 . 30 . (CONSENT CALENDAR - ITEM 6F) Traffic Interconnects Contract (116th-152nd) . ACCEPT the Traffic Interconnects contract (116th - 152nd) as complete and release retainage to Transtech Electric upon standard releases from the State and release of any liens, as recommended by the Public Works Director. The original contract amount was $33 , 860 . 00 . The final construction cost was $33, 216 . 00 . STREET (CONSENT CALENDAR - ITEM 6C) VACATION Street Vacation. 132nd at 272nd. ADOPTION of Ordinance No. 3502 vacating a portion of 272nd Street, a dedicated opened street lying generally west of that street ' s intersection with Kent- Kangley Road and 132nd Avenue S .E. TRANSPORTATION (ADDED ITEM) S. 228th Street Corridor. Valerie Ensor, 5207 S . 232 Street, voiced concern about the S . 228th Street corridor which is proposed to go up the hill and meet up with Military Road. Mayor White explained that the City is currently looking at the Environmental Impact Statement on that project . Ensor said this would be a big disruption to the area, and she would like the road diverted. She was advised to speak with the Public Works Director. STORM (ADDED ITEM) DRAINAGE Storm Drainage Rate Increase. Elroy Nicaise, 27532 156th Avenue SE, said his storm drainage rate is three times what it was last year. Mayor white explained that the fees are dedicated to solving flooding in newly annexed areas, and noted that when the residents were in unincorporated King County the storm drainage fees were higher than the new Kent fees. 5 Kent City Council Minutes February 1, 2000 PARKING (CONSENT CALENDAR - ITEM 6K) Alpine Vista Parking Survey. DIRECT the Public Works Department to restrict parking in the Alpine Vista area during weekends only, between the hours of 12 : 00 Noon and 8 : 00 p.m. from May 15th to September 15th; and, authorize the Parks Department to apply additional restrictions for special events when appropriate, as recom- mended by the Public Works Committee. At the end of a one year trial period the Public Works Department will report to Council on the effec- tiveness of said restrictions . CONSERVATION (CONSENT CALENDAR - ITEM 6I) Ecology Coordinated Prevention Grant. AUTHORIZATION for the Mayor to sign the Dept of Ecology Coordinated Prevention Grant (CPG) agreement, direct staff to accept the grant and establish a budget for same, as recommended by the Public Works Committee. The agreement is effec- tive through December 31, 2001 and specifies the responsibility of the City in working towards the expansion of existing programs as well as the implementation of new waste reduction, recycling programs and education. These programs are administered by the Public Works Department Conservation Specialist . ZONING CODE (PUBLIC HEARINGS - ITEM 5A) AMENDMENTS Off-Premises Sians, Zonina Code Amendment ZCA-99-2 . At the January 18, 2000 City Council meeting, the Council considered three proposals to amend the off-premises sign regulations. The Council moved to table the matter to this meeting and to forward Proposal 3 for a public hearing. City Attorney Lubovich explained the differences between the ordinance provided in the agenda packet and the Land Use and Planning Board' s version, noting that the changes have been highlighted. He explained and recommended staff amendments to the off-premises sign ordinance affecting Sections 15 . 06 . 040 (R) (2) , 15 . 06 . 040 (R) (6) , and Section 15 . 06 . 040 (R) (8) . 6 Kent City Council Minutes February 1, 2000 ZONING CODE It was agreed that these minor changes would be AMENDMENTS part of the motion. Mayor White opened the public hearing. Yingling noted that there are two amendments which have not been discussed. Lubovich summarized the amend- ments, noting that one (Brotherton' s) is to clarify the language on rotating or moving signs, allowing only tri-vision panels and requiring that they be located in industrial zoning. He said the other two motions (Clark' s amendment) relate to 1, 000 ' setbacks on east-west corridors located within the City of Kent, and dealing with annexation of County areas and restricting the signs which are added to the inventory. Chris Ripley, 26804 102nd Avenue SE, spoke in opposition to allowing more billboard space . Margaret Knight, representing the Make-A-Wish Foundation, 107 Cherry Street, Seattle, read a letter acknowledging the important role which billboard advertising plays in their business and urged the Council to review the ordinance. Janet Brown, representing the Education and Training Center of Green River Community College, 841 N. Central, distributed and read a letter in opposi- tion to the comprehensive revision to the off- premise sign code which was recommended by the Land Use and Planning Board, as it will hinder their ability to communication with the local market . She urged the Council to support the more moderate counterproposal . Steve Spangler, read a letter from Steve West of the Steve West Group which was sent to James Harris of the Planning Department supporting outdoor advertising in the area and noting that it is difficult for small business owners to compete with large multi- location businesses. The letter also said that the limited advertising budgets of small businesses normally do not allow the use of electronic medium, that they are constantly looking for a cost efficient way to reach only potential customers in their local trading area, and commending LaMar Advertising. 7 Kent City Council Minutes February 1, 2000 ZONING CODE Roberta Gunn, Development Director for NW Harvest, AMENDMENTS Seattle, stated that they provide services to the local area and that billboards get their message out to those who need help and those who want to help. She emphasized that media is donated to NW Harvest and that they could not afford that type of advertising. She said they support the current proposal before the Council . John Ness, J & K Media Consulting, Kent, said that if the place- ment of billboards within major thoroughfares and streets with a high level of traffic is restricted, companies may have to accommodate that by an increased number of sites to maintain the level of reach in the market . He added that outdoor advertising provides an affordable opportunity for small advertisers to be competi- tive within their specific areas. Keith Warnack, Director of Public Relations for the Puget Sound Blood Center, said that outdoor advertising campaigns are the most effective way to get their message across . He asked the Council to accept the new amendment which will allow AK Media NW to continue their support of non-profit agencies. Lance D. Bevier, General Manager of Bobcat Northwest, provided a letter dated May 26, 1999, showing how successful their outdoor advertising campaign was. He said he supports the revision to the sign code. Mary Anderson, 25838 68th Avenue South, urged the Council not to let last-minute pressure by tonight ' s speakers change their decision, and to consider both sides . Frank Podany, President of AK Media NW, distributed a letter and said that the code provisions before Council do not allow any larger signs. He also noted that the more restrictive in terms of open area, the less opportunity there is to relocate signs . Podany emphasized that even national corporations on a billboard promote a product available in the City of Kent . He added that they have been working with King County for some time to bring existing billboards back into safety compliance. He concluded by saying that the proposed ordinance is fair. 8 Kent City Council Minutes February 1, 2000 ZONING CODE There were no further comments and ORR MOVED to AMENDMENTS close the public hearing. Clark seconded and the motion carried. ORR MOVED to make the information presented tonight a part of the public record. Clark seconded and the motion carried. CLARK MOVED to adopt Ordinance No. 3501 which amends the off-premise signs zoning code, as amended by the City Attorney regarding technical amendments . Brotherton seconded. Yingling explained that the ordinance limits the numbers of sign structures in the City and gives incentive for the industry to move them to acceptable areas. He noted that it changes the back of a signboard into a space for a sign face, adding profitability to the structure. Brotherton said he supports the basic motion in that it provides for businesses to be more profitable, supports economic development, and provides incentives to move billboards into M zones . BROTHERTON noted that there are no standards for some rotating parts on signs, and MOVED TO AMEND Section 2 of the proposed ordinance by amending the second sentence of KCC 15 . 06 . 040 (R) (3) (d) entitled "Double-faced Signs" to read as follows : "The use of tri-vision panels on a sign face shall not in itself constitute additional sign faces" ; amend KCC 15 . 06 . 040 (R) (5) entitled "Rotating and/or Moving Parts" in its entirety to read as follows : 115 . Tri-vision Panels . Subject to applicable permitting requirements, the allowable faces on off-premises sign structures listed on the official City of Kent off-premise sign inventory may contain tri-vision panels which rotate, subject to KCC 15 . 06 . 030 (E) . Tri-vision panels are the only type of moving parts authorized on off-premises signs and such signs may only be located in an M1, M2 or M3 zoning district" ; and further amend 15 . 06 . 040 (R) (6) entitled "Unpermitted Signs" by replacing the words "rotating or moving parts" in this subsection with the words "tri-vision panels" . 9 Kent City Council Minutes February 1, 2000 ZONING CODE Clark seconded. Yingling agreed with the moving AMENDMENTS parts issue, but not with allowing tri-vision signs only in industrial zones . The motion as amended then failed with Brotherton, Clark and Orr in favor and Amodt, Epperly and Yingling opposed. CLARK MOVED to amend Section 2 of the ordinance by amending Section 15 . 06 . 040 (R) (2) of the code on page 4 by adding a new sentence between the sentence ending with "zoning district" and the sentence beginning with "the owner" as follows : "No off-premises sign may be located within 1, 000 feet of the rights of way of the following corridors : 180th, 192nd/196th, 212th/Orilla Road/ 226th/228th, James, Willis/516 and the 272nd/277th Street corridors. " Epperly seconded. Clark said the original intent was to protect those areas which are raised roadways going across the valley floor, and that his proposal would protect the public vista for Kent ' s citizens . Yingling and Orr opined that the proposal goes too far, and the motion to amend failed with only Clark in favor. CLARK MOVED to amend Section 2 as follows : As unincorporated areas are annexed to the City of Kent, the total number of off-premises sign structures legally in existence in the area annexed on the effective date of the ordinance enacting this provision will constitute additions to the number of off-premises signs authorized in the city and shall be added to the inventory and be eligible to be relocated as provided for in this section; signs legally installed after the effective date of the above noted ordinance shall be legal non-conforming uses which shall be removed by their owners at the end of ten years from said date. Epperly seconded. Clark explained that this is to prevent the prolifera- tion of signs, and said the issue is whether the unincorporated areas of King County bring their signs with them when annexed to the city. The motion to amend failed with Clark and Epperly in favor and Amodt, Brotherton, Orr and Yingling opposed. 10 Kent City Council Minutes February 1, 2000 ZONING CODE BROTHERTON MOVED to amend Section 2 of the AMENDMENTS proposed ordinance by amending the second sentence of KCC 15 . 06 . 040 (R) (3) (d) entitled "Double-faced Signs" to read as follows : "The use of tri-vision panels on a sign face shall not in itself constitute additional sign faces" ; amend KCC 15 . 06 . 040 (R) (5) entitled "Rotating and/or Moving Parts" in its entirety to read as follows : 115 . Tri-vision Panels. Subject to applicable permitting requirements, the allowable faces on off-premises sign structures listed on the official City of Kent off-premise sign inventory may contain tri-vision panels which rotate, subject to KCC15 . 06 . 030 (E) . Tri-vision panels are the only type of moving parts authorized on off- premises signs" ; and further amend KCC 15 . 06 . 040 (R) (6) entitled "Unpermitted Signs" by replacing the words "rotating or moving parts" in this subsection with the words "tri-vision panels" . It was clarified that the words "and such signs may only be located in an M1, M2 or M3 zoning district" were removed from No. 5 . Yingling seconded. The motion to amend carried. The motion to adopt Ordinance No. 3501 as amended then carried with Clark opposed. APPOINTMENTS (CONSENT CALENDAR - ITEM 6J) Kent Arts Commission Appointment. CONFIRMATION of the Mayor' s appointment of Scott Manthey to serve as a member of the Kent Arts Commission. Mr. Manthey is a Kent resident with a long time interest in the arts. He has worked in pottery, fine scale models and fine woodworking but has found photography to be most satisfying. His interest in photography began 18 years ago. He enjoyed spending time outdoors mountain biking, golfing and hiking and was so impressed with the beautiful scenery he decided to capture it on film. He will replace Don Jensen and his new term will continue until 10/31/03 . 11 Kent City Council Minutes February 1, 2000 COUNCIL (CONSENT CALENDAR - ITEM 6L) (ADDED BY COUNCIL PRESIDENT ORR) Excused Absence. APPROVAL of an excused absence from tonight ' s meeting for Councilmember Woods, who is unable to attend due to illness . PARKS & (CONSENT CALENDAR - ITEM 6D) RECREATION Kronisch Park Easement To U S West. APPROVAL of an easement to U S West and approval of payment of $1, 500 and miscellaneous improvements by U S West for the same. U S West has requested an easement at Kronisch Park for a cabinet located on a sidewalk, which would block access through the park. U S West has offered to pay $1, 500 for the easement, to relocate the sidewalk, and make miscellaneous improvements to the park. r (BIDS - ITEM 8A) Downtown Campus Standby Generator Facilitv Project. The project consists of installing an emergency generator, an automatic transfer switch, associated conduit, wiring, and housing for the emergency generator. The bid opening on January 20, 2000 resulted in six bids . Stouder General Construction was the lowest bidder at $598, 378, which is under the Engineers estimate of $674, 000 . The Parks Director recommends contracting with Stouder General Construction for $598, 378, plus F— 0 WSST to install an emergency generator and housing W $ for the downtown campus . U. ^t � � YINGLING MOVED to enter into an agreement with Stouder General Construction to install the LLJ O emergency generators and housing at City Hall for $598, 378, plus Washington State Sales Tax and declare intent to bond and reimburse with bond W � proceeds . Orr seconded. Hodgson clarified that this system is for the City Hall Campus Centennial O Center, and Police Department . The motion carried. 12 Kent City Council Minutes February 1, 2000 FINANCE (CONSENT CALENDAR - ITEM 6B) Approval of Sills. APPROVAL of payment of the bills received through January 14 and paid on January 14 , 2000, after approval by the Operations Committee Chair. Approval of checks issued for vouchers : Date Check Numbers Amount 1/13/00 229028-229239 $1, 038, 167 . 76 1/14/00 229240-229617 1 , 975, 757 . 90 $3 , 013, 925 . 66 Approval of checks issued for payroll for January 15 through and paid on January 15, 2000 : Date Check Numbers Amount 1/15/00 241167-241542 $ 334, 134 .46 1/15/00 89846-90608 1, 034 , 775 . 19 $1, 368, 909 . 65 Approval of checks issued for payroll for November 30, 1999 and paid on January 21, 2000 : Date Check Numbers Amount 1/21/00 241543-241561 $ 23, 751 . 78 1/21/00 90609-90737 187, 200 . 14 $ 210, 951 . 92 REPORTS Council President. Orr reminded Councilmembers that the Suburban Cities meeting will be held on February 16 in Newcastle. Operations Committee. Yingling noted that the next meeting is at 4 : 00 p.m. on February 15 . Public Safety Committee. Epperly noted that the next meeting is at 5 : 00 p.m. on February S . Public Works Committee. Clark noted that King County will hold a meeting to receive public input on cuts regarding Metro routes 176, 187, 188 and 903 at the Federal Way Library, 848 S . 320th, on Friday, February 25, from 3 : 30 to 5 : 00, with a backup meeting from 6 :30 to 8 : 00 . 13 Kent City Council Minutes February 1, 2000 REPORTS Clark noted that the Public Works Committee will hold their regular meeting 4 : 00 p.m. on February 7 . Planning Committee. Brotherton noted that the committee will meet at 5 : 00 p.m. on February 7 . EXECUTIVE At 9 : 05 p.m. , the meeting recessed to an executive SESSION session of approximately 20 minutes to discuss property negotiations and potential litigation. The meeting reconvened at 9 :35 p.m. Riverbend EPPERLY MOVED to authorize the Mayor to finalize Golf Complex negotiations and to enter into a lease agreement with Nevada Bob' s for the purpose of selling golf merchandise at Riverbend Golf Complex, to finalize negotiations and to enter a lease agreement with Public Golf Management, Inc. , to provide food service and beverage service at the 18-hole club- house restaurant at Riverbend Golf Complex, and to finalize negotiations and enter into a golf management agreement with Public Golf Management, Inc. , to provide golf management and food and beverage services at the Par Three driving range and the mini-putt-putt facilities at Riverbend Golf Complex. Orr seconded and the motion carried with Amodt opposed. Firefighting EPPERLY MOVED to authorize the City Attorney to Vehicles commence all legal actions necessary to pursue claims against BME and any other contributing parties for the recovery of funds paid for the purchase of two defective firefighting vehicles purchased from BME. Yingling seconded and the motion carried. ADJOURNMENT The meeting adjourned at 9 :38 p.m. Brenda JacobOC MC�— City Clerk 14