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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 05/02/2000 Kent, Washington May 2 , 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, Woods and Yingling, Operations Director McFall, City Attorney Lubovich, Fire Chief Angelo, Police Chief Crawford, Public Works Director Wickstrom, Parks Director Hodgson, and Finance Director Miller. Approximately 115 people were at the meeting. CHANGES TO Councilmember Amodt removed Item 6C from the THE AGENDA Consent Calendar. Councilmember Woods added Other Business Item 7A. At the request of Martin Plvs, 3004 S . 256th, Kent, Items 11A, 11B and 11C were added to the agenda. PUBLIC Drinking Driver Task Force Poster Design COMMUNICATIONS Recognition Awards. Nancy Mathews introduced Drinking Driver Task Force members and Rick Martin, a teacher at Mattson Junior High who has had winning posters from his students for at least twelve years . She, Mayor White, Councilmember Woods, and Police Chief Crawford then presented the awards to the winners . Government Finance Officers Association. Mayor White presented John Hillman with a Certificate of Achievement Award for Excellence in Financial Reporting for the City' s Comprehensive Annual Financial Report for the fiscal year ending December 31, 1998 . Finance Director Miller thanked the Council for their support of the program and noted that the Certificate of Achievement is a national award. McFall pointed out that the City receives this award consistently and commended the Finance Department . Mayor White concurred. Employee of the Month. The Mayor announced that Derek Smith has been selected as Employee of the Month for May. He noted that Derek is a Prosecuting Attorney in the Family Violence Unit and volunteers as a prosecuting liaison at Student Traffic Court . He noted that Derek' s profes- sionalism and accuracy are key in demonstrating the "Kent Cares" philosophy. City Attorney Lubovich added that Smith is truly dedicated to 1 Kent City Council Minutes May 2 , 2000 PUBLIC prosecution, and that he is supportive, willing COMMUNICATIONS and capable . Lubovich thanked him and offered congratulations . Arson Awareness Week. Mayor White noted that arson is one of the nation' s most devastating crimes in terms of financial and personal loss and that special recognition is due for the efforts of the men and women in fire and law enforcement agencies for their dedication and professionalism. He proclaimed the week of May 1-7, 2000 as Arson Awareness Week and encouraged citizens to endeavor to reduce arson in neighborhoods, businesses and schools . Fire Chief Angelo accepted the pro- clamation and thanked the Council, the Police Department, the School District and citizens for their support . Foster Care Month. Mayor White declared the month of May 2000 as Foster Care Month in the City of Kent, noting that in Washington there are over 6, 000 children and youth in foster care, and over 6, 000 foster families who open their homes and hearts to children. He urged all citizens to volunteer their talents and energies on behalf of children in foster care, foster parents, and child welfare staff . He presented the proclamation to Ruth Graham, who expressed appreciation for this recognition. Letter Carrier' s Food Drive Day. The Mayor read a proclamation noting that the eighth annual nationwide food drive will be held on Saturday, May 13 , 2000 . He added that the food collected will be distributed to the Kent Community and Springwood Foods Banks and to the church sponsored Storehouse 98042 . He proclaimed May 13 , 2000 as Letter Carrier' s Food Drive Day and called upon all citizens to join NALC Branch 2038 in working to aid those in need by participating in the food drive. The proclamation was presented to Karen Kirkmeyer Wilson, who explained the program. 2 Kent City Council Minutes May 2, 2000 CONSENT ORR MOVED that Consent Calendar Item A through 0 CALENDAR be approved, with the exception of Item C which was removed by Councilmember Amodt . Woods seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 6A) Approval of Minutes . APPROVAL of the minutes of the regular Council meeting of April 18 , 2000 . PUBLIC WORKS (CONSENT CALENDAR - ITEM 6D) Pacific Highway Land Accuisition. State Aid Agreement. AUTHORIZATION for the Mayor to sign the State Aid Agreement approving the State to act as the City' s agent per land acquisition and relocation matters for the Pacific Highway South improvement project, as recommended by the Public Works Committee. (CONSENT CALENDAR - ITEM 6E) Temporary Construction Inspector. APPROVAL of a budget amendment to the 2000 budget adding one temporary construction inspector. The position is to be paid from permit fees collected on the METRO Phase III Sewer Interceptor, and will terminate at the conclusion of the project . (CONSENT CALENDAR - ITEM 60) 3 .5 Million Gallon Water Tank. ACCEPT the 3 . 5 Million Gallon Water Tank contract as complete and release retainage to Coatings Unlimited upon standard releases from the State and release of any liens, as recommended by the Public Works Director. The original contract amount was $212 , 584 . 50 . The final construction cost was $213 , 561 . 90 . (CONTINUED COMMUNICATIONS - ITEM 11A) (ADDED) S. 277th Street. Martin Plys stated that the bridge at S . 277th Street has sunk eight inches and asked whose fault it was and who will pay for it . McFall responded that numerous parties are involved in this project and that responsibilities and costs will be apportioned appropriately. 3 Kent City Council Minutes May 2 , 2000 ZONING CODE (CONSENT CALENDAR - ITEM 6C) AMENDMENT (REMOVED BY COUNCILMEMBER AMODT) Zoning Code Amendment, Single Family Density in Multifamily Zones. Preparation of an ordinance relating to single family density in multifamily zones was approved by the City Council at their meeting of April 4 , 2000 . Amodt said there appears to be a difference between the ordinance and the chart regarding minimum lot size restrictions . The City Attorney explained that the confusion has to do with the width of the lots . He noted that the ordinance leaves the 40 , width requirement in tact but eliminates the minimum lot size and allows for the same density for single family units as multifamily units in those zones . Steve Dowell , 430 Glenwood Lane, Kent, said it was his understanding that there were to be no mini- mum single family lot size restrictions . Paul Morford, P.O. Box 6345, Kent, said the motion made at the Land Use and Planning Board was to recom- mend approval of option two, to permit single family densities at the same level as multifamily development without consideration for minimum lot size at this time. He distributed copies of the proposed ordinance and noted that it states "...the density of single-family development be increased to the same level permitted for multiple family development, with no minimum single-family lot size restrictions; ' . He pointed out that on the next page of the ordinance, the third line should have been changed from 40 ft . to none, as in the area above . Planning Manager Satterstrom said that he has listened to the tape of the Land Use and Planning Board meeting, and that the Board was in favor of changing the density restriction to match what is allowed for multiple family, and that there was no issue with the fact that the minimum lot size was thrown out . 4 Kent City Council Minutes May 2 , 2000 ZONING CODE AMODT MOVED to adopt Ordinance No. 3508 relating AMENDMENT to single family density in multi family zones, and to remove the 40 ' lot size restriction from the standards as approved by the City Council at their meeting of April 4 , 2000 . Epperly seconded. Epperly said it was her intent to have no restric- tions on lot . Clark stated that his intent was to retain a minimum lot width, and that the problem is the interpretation of minimum width. Orr said it was her understanding the 40 ' lot width was in tact, and that too many houses too close together is unacceptable . Amodt said this provision would result in more affordable homes . Brotherton said it is a good idea to provide builders as much flexibility as possible, and agreed with Epperly that the density remains the same . He suggested passing the proposed ordinance and asking the Planning Department to determine how to change the Subdivision Code to make them line up with this request . Upon a roll call vote, the motion then failed with Amodt, Epperly and Yingling in favor, and Brotherton, Clark, Orr and Woods opposed. BROTHERTON MOVED to adopt Ordinance No. 3508 as presented. Orr seconded. Brotherton said he would like to have staff examine the options and limitations, with an eye to finding a way to give builders the maximum amount of flexibility, and take their recommendations to the Land Use and Planning Board. Mayor White clarified that builders should address these issues at the Land Use and Planning Board, who will then make a recommendation to the full Council . Brotherton' s motion to adopt Ordinance No. 3508 then carried upon a roll call vote, with Brotherton, Clark, Orr, Woods and Yingling in favor, and Amodt and Epperly opposed. ORR MOVED to make Morford' s information a part of the public record. Woods seconded and the motion carried. TELE- (CONSENT CALENDAR - ITEM 6F) COMMUNICATIONS Telecommunications Riaht-Of-Way License Aareements. Conditional authorization for the Mayor to sign telecommunications street license agreements . The City has received, and continues to receive, a number of requests from fiber optic 5 Kent City Council Minutes May 2 , 2000 TELE- companies to underground portions of their fiber COMMUNICATIONS optic networks in various portions of the City' s streets . The City has developed the Limited Street License form, which gives the fiber optic companies the right to install and operate their systems in our streets . These agreements convey a limited real property interest in portions of the City' s street system for a term of years (5 - 10 years) and, accordingly, require Council authorization to grant these licenses . It typically takes 4 - 6 weeks to obtain Council approval, which can cause delay problems to the fiber companies ' planned construction schedules. However, these licenses are usually non- controversial and move through the authorization process without much discussion. As a result, staff requests that Council authorize the Mayor to sign these agreements without first obtaining Council approval if : (1) the license is granted on terms substantially similar to those attached in the "standard license form" ; and (2) the Public Works Director and the City Attorney concur that the license, including requested amendments, should be granted. PUBLIC MARKET (CONTINUED COMMUNICATIONS - ITEM 11B) (ADDED) Public Market. Martin Plvs said that although McFall has stated that the City has nothing to do with the Public Market, he has dispatched City maintenance personnel to the Market to perform maintenance. He questioned why Councilmember Epperly is working at a private enterprise for which the City is doing free maintenance, the City is providing cash donations, and the City Attorney provides free legal services . He said he feels the City is being mismanaged and that an investi- gation should be started. McFall stated that Plys ' questions have been asked and answered at least twice already, and reiterated that the Kent Public Market Development Authority (PDA) is a creation of the City of Kent, that the PDA Board is appointed by the Mayor and confirmed by the Council, and is a public body. 6 Kent City Council Minutes May 2 , 2000 PUBLIC MARKET He explained that the PDA was created for the purpose of owning and operating the building in which the Public Market would be housed. He noted that the PDA was granted title to the property by action of the City Council, along with cash to be used in the renovation, and that the PDA took out a bank loan of $700 , 000 to pay for the renovation of the barn for the Market . He noted that the City, by action of the City Council, guaranteed the PDA' s bank loan. He said the City, therefore, has a continuing interest in the PDA and in the structure, as it is ultimately liable for the bank loan if the PDA should fail . He indicated that the PDA does not operate the Market, and that the Kent Downtown Partnership (KDP) is an independent entity which operates the Market and leases the space from the PDA. He noted that the PDA' s loan is being paid back by the lease payments made by the KDP. McFall continued that because of the City' s continued interest in the structure, it is included on the City' s building insurance, and that the PDA is paying the City for that . He said it is appropriate to dispatch City crews to the building to see that the City' s interests are maintained. He explained that the City crew looked at the leak in the roof and recommended bringing in a roofing contractor, which will be at the expense of the PDA. McFall reiterated that the KDP is an independent entity and that Councilmember Epperly is an employee of the KDP. He noted that before accepting the position, Epperly checked with him and with the Attorney' s Office and was told that there was no conflict of interest, but that it would probably be best to abstain from any vote of the City Council pertaining to the Kent Downtown Partnership and not to participate in any discussion. McFall stated that he is highly offended by Plys ' comments, and that this City, Mayor, Council and he have never acted in any way other than in the highest regard for ethics and standards in the 7 Kent City Council Minutes May 2, 2000 PUBLIC MARKET public management of this agency. Mayor White concurred. Amodt expressed interest in where Plys got his information and McFall explained that this has been discussed at a meeting of the PDA and is in the minutes . FIRE (BIDS - ITEM SA) Exterior Repair Work at Kent Fire Station 74 . The bid opening for the Roof and Siding Repair Project at Kent Fire Station 74 was held on April 19, 2000 . Staff recommends awarding the contract to Valhalla Construction at $87, 574 , plus Washington State Sales Tax. EPPERLY SO MOVED. Brotherton seconded and the motion carried. PARKS & (CONSENT CALENDAR - ITEM 6G) RECREATION Garrison Creek Park Renovations Project. ACCEPT the Garrison Creek Park Renovation Project by Fuji Industries as complete, as recommended by staff . On July 21, 1998 , Council approved contract Fuji Industries to make improvements to Garrison Creek Park. On September 29, 1999, a final inspection was completed and the project was approved by the Project Manager. (CONSENT CALENDAR - ITEM 6H) Russell Road Bleachers. ACCEPT the Russell Road Bleachers Project by Outdoor Aluminum as complete, as recommended by staff . On January 5, 1999, the City of Kent contracted Outdoor Aluminum to replace and install new bleachers at Russell Road Park. On May 27, 1999, the project was inspected and approved by the Project Manager. (CONSENT CALENDAR - ITEM 6I) West Hill Skate Park. ACCEPT the West Hill Skate Park project by T.F. Sahli as complete, as recommended by staff . 8 Kent City Council Minutes May 2 , 2000 PARKS & On January 5, 1999, the City of Kent contracted RECREATION T. F. Sahli to construct a Skatepark on West Hill in Kent . On October 28 , 1999 staff inspected and approved the project . (CONSENT CALENDAR - ITEM 6J) Greater Kent Historical Society Museum Parking Lot Improvement. ACCEPT the Greater Kent Historical Society Museum Parking Lot Project by Shear Transport as complete, as recommended by staff . On September 1, 1998, the City of Kent contracted Shear Transport to renovate the Greater Kent Historical Society Museum Parking Lot . On October 21, 1999, staff inspected and approved the project . (CONSENT CALENDAR - ITEM 6K) Garrison Creek Park Reservoir Lid Proiect. ACCEPT the Garrison Creek Improvement project by Bell Contracting, LLC as complete, as recommended by staff . On November 16, 1999, the City of Kent contracted Bell Contracting, LLC to perform services on the reservoir lid at Garrison Creek Park. On February 2, 2000, staff inspected and approved the project . (CONSENT CALENDAR - ITEM 6L) Russell Road Drainage Improvements Proiect. ACCEPT the Russell Road Drainage Improvements Project by Kuhn & Associates as complete, as recommended by staff . In June 1997, Council approved contracting with Kuhn & Associates to make improvements to drainage at Russell Road Park. On September 15, 1999, a final inspection was completed and the project was approved by the Project Manager. (CONSENT CALENDAR - ITEM 6M) 2000 IAC Grant Applications. PASSAGE of Resolution Nos . 1565 , 1566 , 1567 , 1568 and 1569 authorizing submittal of grant applications to the 9 Kent City Council Minutes May 2 , 2000 PARKS & Interagency Committee for Outdoor Recreation for RECREATION the acquisition and development of park land, as recommended by the Parks Committee . Staff has identified the following top-priority projects that are eligible for statewide grant funds : 1 . Green River Greenbelt Gateway 2 . Canterbury Neighborhood Park 3 . Clark Lake Park 4 . East Hill Youth Sports Complex #1 5 . Lake Fenwick Park Boat Launch (CONSENT CALENDAR - ITEM 6N) Interurban Pedestrian Trail Bridge. ACCEPT the Interurban Pedestrian Trail Bridge contract as complete and release retainage to Paul Scalzo upon standard releases from the State and release of any liens, as recommended by the Public Works Director. The original contract amount was $63 , 908 . 00 . The final construction cost was $64 , 736 . 38 . (OTHER BUSINESS - ITEM 7A) 2000 IAC Grant Application. Parks Director Hodgson noted that in addition to the applications approved under Consent Calendar Item 6M, they have been notified that there is another grant source available which they need approval to apply for. He noted that this would allow the Parks Department to make improvements to Kent Memorial Park Fields 2 and 3 , and that the grant money was provided by Paul Allen. WOODS MOVED to authorize staff to apply to the IAC for a grant for renovations to Kent Memorial Park Fields 2 and 3 . Yingling seconded and the motion carried. McFall later noted that authorization includes adoption of Resolution No. 1570 . Council concurred. (CONTINUED COMMUNICATIONS - 11C) (ADDED) Performing Arts Center. Martin Plvs asked for clarification on King County Councilmember Chris Vance ' s memo to Councilmember Amodt regarding withholding a $250, 000 grant to the City for the 10 Kent City Council Minutes May 2 , 2000 PARKS & Performing Arts Center, and when the vote would be RECREATION taken. He stated that the memo is in conflict with the Mayor' s State of the City Address . McFall responded that both the Mayor' s State of the City Address and the Budget Message were done prior to Vance ' s comments about the County grant funds being withheld until a public vote. He stated that the budget has always planned for the Performing Arts Center to be a voted bond issue, and that there is no ability to fund the project without a voted bond issue . Amodt said there had been a newspaper article regarding the building being built before a vote of the citizens . McFall reiterated that there is no ability to finance the building without a vote . Mayor White concurred. FINANCE (CONSENT CALENDAR - ITEM 6B) Approval of Bills. APPROVAL of payment of the bills received through April 14 and paid on April 14 , after auditing by the Operations Committee on April 18, 2000 . Approval of checks issued for vouchers : Date Check Numbers Amount 4/14/00 233259-233532 $ 662 , 447 . 71 4/14/00 233533-233887 1 , 529, 797 . 09 $2 , 192 , 244 . 80 REPORTS Council President. Orr reminded Councilmembers to make reservations for the upcoming Suburban Cities dinner, and commended those who participated in the poster design contest . Operations Committee. Yingling noted that the meeting time of the Operations Committee has been changed to 4 : 00 p.m. on the first Tuesday of the month and 4 : 30 on the third Tuesday of the month. Public Safety Committee. Epperly noted that the next meeting will be held at 5 : 00 p.m. on May 9th. 11 Kent City Council Minutes May 2 , 2000 REPORTS Public Works Committee. Clark noted that the next meeting will be at the normal time on the third Monday of May, but that for the first meeting in June the Planning and Public Works Committee will switch their meeting times so that the Public Works Committee meeting will be held at 5 : 00 p.m. and the Planning Committee will be held at 4 : 00 p.m. Parks Committee. Woods noted that the Parks Committee will meet on May 9 at 4 : 00 p.m. Administrative Reports. Mayor White noted that Councilmembers have received copies of his response regarding the evening closure of the Regional Justice Center intake situation which will be sent to the County Executive . ADJOURNMENT The meeting adjourned at 8 : 15 p.m. Brenda Jac, b r, CMC City Cler 12