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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 07/05/2000 Kent, Washington July 5, 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, Chief Administrative Officer McFall, Deputy City Attorney Brubaker, Finance Director Miller, Parks Director Hodgson, City Engineer Gill , Planning Manager Satterstrom, and Information Technology Director Mulholland. Approximately 90 people were at the meeting. CHANGES TO McFall requested the addition of an Executive THE AGENDA Session item dealing with negotiations on property acquisition. PUBLIC Employee of the Month. Mayor White announced COMMUNICATIONS that Diane Harrison of the Information Technology Department has been selected as July Employee of the Month. He noted that Ms . Harrison has mastered the LAN operations and use of the computer room equipment to ensure that the City' s PC software is running smoothly, and was instru- mental in reorganizing the computer room in 1993 . IT Director Mulholland added that Harrison is reliable, is a real team player, and deserves this honor. Mayor White then presented her with the Employee of the Month plaque. Recreation and Parks Month. The Mayor read a proclamation noting that parks, playgrounds, nature trails, open spaces, community and cultural centers and historic sites make communities attractive and desirable places to live, work, play and visit, and contribute to the ongoing economy. He proclaimed the month of July 2000 as Recreation and Parks Month in the City of Kent, and presented the proclamation to Parks Director Hodgson. Hodgson noted that the summer season has begun and invited everyone to participate in all of the summer activities . He noted that employees and volunteers from many City departments parti- cipated in the 4th of July event at Lake Meridian, and commended them on their teamwork. CONSENT ORR MOVED that Consent Calendar Items A through H CALENDAR be approved. Woods seconded and the motion carried. 1 Kent City Council Minutes July 5, 2000 MINUTES (CONSENT CALENDAR - ITEM 6A) Approval of Minutes. APPROVAL of the minutes of the regular Council meeting of June 20 , 2000 . URBAN (OTHER BUSINESS - ITEM 7A) SEPARATORS Urban Separators. On February 15, 2000 , the City Council voted to table two annual comprehensive plan amendment applications . These applications were the Cairnes amendment and the Pacific Industries amendment . Both of these amendments involved property designated as "urban separator" by countywide planning policy. The matter was referred to the Planning Committee, which held meetings on this issue on March 6, April 3 , and May 1, 2000 . At their May 1st meeting, the Planning Committee voted to recommend a strategy as shown in a memo dated June 6, 2000 to the full Council . Brotherton explained that a policy statement giving guidance as to the proper size of urban separators, and how to determine whether a particular parcel should be included or excluded is required. He noted that the Cairnes and Pacific Industries parcels will not be recon- sidered until the Kent urban separator policy is adopted. He explained the work of the Committee, and said the difficulty is in balancing the conflicting interests of those who wish for no further development and property owners who wish to get full value for their land, as well as balancing the long term needs of Kent citizens with the current needs of those directly involved. BROTHERTON THEN MOVED that the following princi- ples and guidelines be forwarded to the Land Use and Planning Board for consideration and inclusion in the Comprehensive Plan and Zoning Code as appropriate : A. PRINCIPLES : That the following principles relating to the Urban Separators be adopted: 1 . Urban Separators provide benefits to the citizens of Kent and should be recognized 2 Kent City Council Minutes July 5, 2000 URBAN and adopted with the current densities SEPARATORS established for such by the County. 2 . New construction should not degrade existing nearby levels of isolation, tranquillity and environmental protection within existing urban areas . 3 . The ability of property owners to develop their property within existing standards should not be less than their neighbors as long as it does not degrade existing nearby levels of Urban Separator isolation and protection. B. GUIDELINES : That the Land Use and Planning Board consider and make recommendations as follows : 1 . Establish Urban Separator goals which could include : - Promoting animal habitat and conducti- vity, - Protecting salmonid waterways, sensitive areas, and wetlands, - Protecting the peace and tranquillity of recreational areas, - Protecting geologically unstable areas, such as steep slopes, and - Promoting water table recharge, 2 . Review the areas of concern the Planning Committee identified in the existing Urban Separator in the county plan, 3 . Develop a recommendation as to the appro- priate Urban Separator boundary, using the Kent Urban Separator principles, 4 . Consider whether clustering should be required and adjust the proper zoning designation accordingly, if property should be moved out of an Urban Separator, and 3 Kent City Council Minutes July 5, 2000 URBAN 5 . Provide a recommendation for the proper SEPARATORS zoning and any other conditions that would meet city Urban Separator goals and mini- mize restrictions on the property, if any property should be added to an Urban Separator. Orr seconded. It was clarified that the intent of the motion is to refer this to the Land Use and Planning Board to adopt the principles and to put them in the Comprehensive Plan during the update process, and then to look at the identified pro- perties and determine what should be done with them. Brotherton and Orr agreed to Yingling' s friendly amendment to change the words "should be required" to "could be optional" in Item B. 4 . They also agreed to Clark' s friendly amendment to change the word "conductivity" to "connectivity" in Item B. 1, and to replace the words "identified listed en- dangered species habitat" for the words "salmonid waterways" in the first two goals in Item B. 1 . Joe Miles, President of Friends of Soos Creek Park, 24639 156th Avenue SE, Kent, said it is difficult to see the urban separator disappear little by little. He voiced concern about Section A. 3 and offered alternative language putting a cap of one unit per acre, and about Section B.4 and offered alternative language allowing clustering for every parcel in the urban separator with a cap of one unit per acre. ORR MOVED to accept Miles ' letter for the record. Brotherton seconded and the motion carried. Elizabeth Miles, 24639 156th Avenue SE, Kent, stated that an increase in density would impact education, as the park is used as an outdoor classroom, and said that the City Council is responsible for the health of the Soos Creek Park and that exceptions should not be given. Carol Stoner, 19708 121st Avenue SE, Renton, explained that the members of the Soos Creek Planning Committee were told to plan to accept their fair 4 Kent City Council Minutes July 5, 2000 URBAN share of projected growth, and that they also SEPARATORS tried to mitigate the effects of that growth by putting the urban separator policy in place . She urged the Council to continue the County' s program of having a good, firm urban separator policy. Bob Nelson, 24048 156th Avenue SE, Kent, Chair of Rural Neighbors, said the countywide planning policy is valid and urged the Council to recon- sider anything that would threaten the policy. Barb Holt, 24920 177th Avenue SE, Kent, voiced opposition to any zoning changes within the urban separator. Dallas Snyder, President of Soos Creek Area Response, stated that as the density of land upstream is increased, problems are caused down- stream for the Chinook salmon population. Ardis Johnson said her property on 146th Place SE received a low density designation when the Meridian Annexation was zoned. She said her property is at least 500 ' above Soos Creek and is located on four plateau levels above Soos Creek. She requested zoning of her 8 . 62 acres to 4 . 5 homes per acre . Johnson noted that her land is used as a park by children from the housing development, that horses are pastured on her property, that she has consented to cutting trees to provide her neighbors with a better view, and that she has given a 10-foot easement to facilitate better drainage for Ridgefield Estates . She requested the same zoning as her neighbors . Orville Svenina, husband of Ardis Johnson, 24039 146th Place SE, Kent, voiced concern about runoff . He noted that the average urban barrier is 2 . 5 acres and that Johnson' s property is 8 . 6 acres. Denise Frumbaugh, 25902 146th Avenue SE, said she uses her property which adjoins the creek as a classroom and that the property should not be changed. Dr. Mark Imlay, 24625 148th Avenue SE, Kent, said the buffer protects not only park and public lands, but residential areas as well . He said his property and others have been damaged by the Ridgefield development . Barbara Wilbur, 1914 36th Street, Auburn, said the trail is priceless 5 Kent City Council Minutes July 5, 2000 URBAN and that houses should be limited to one. Len SEPARATORS Elliott, 2006 Riverview Drive NE, Auburn, voiced opposition to any revisions, and referred to the agreement with the County. Karen Johnson, spoke in support of Ardis Johnson' s request for the urban separator change . Lowell Hesch, 14425 SE 240th, Kent, urged the Council to reconsider the urban separator. Jay Johnson, 31028 W. Lake Morton Drive, Kent, applauded efforts to develop a fair proposal to protect Soos Creek, and said that rights to develop land shouldn' t be excluded. Larry Osborne, 4122 S . 240th Street, recommended buying the property at its assessed value . John Slauss, 24122 145th Avenue SE, Kent, requested amending the motion to come in line with the already accepted policy which was in place at the time of annexation. Bruce Harohem, Conservation Chair for the Rainier Audubon Society, said the City has done an outstanding job of looking toward the future for their citizens, an example of which is the Green River natural area. He said the Soos Creek trail is an important bird area, and brings in many visitors, resulting in an economic value. He noted that zoning is purchased along with pro- perty, and suggested that when a profit is made due to rezoning it should go to the city. He urged the Council to remember the long-term effects . Pam Yeager said she values her property as a heritage for future generations and as a gift from her grandparents . She said a precedent was set when a promise of 20 years was made, and said there is no need for economic growth in the area. Bob Bartlett, 24433 156th Avenue SE, Kent, said there are many properties which could be developed at the current zoning, and that after that is complete, there is no justification for consider- ing up-zoning. Amodt noted that the Miles, the Imlays and the Johnsons met yesterday and that tonight ' s testimony does not reflect what is happening. She 6 Kent City Council Minutes July 5, 2000 URBAN explained that common ground was found and that SEPARATORS the group has agreed to look into park funding. She said both parties agreed clustering is good and that the citizens are working hard to resolve this issue with a win-win situation. Clark noted that Soos Creek is a critical habitat, and that language regarding development along the edges of the property of the Soos Creek Trail is included in Brotherton' s motion. Woods pointed out that the Council sets policy and guidelines, and does not deal with particular pieces of property. She thanked all who spoke and said she endorses most of what Brotherton is proposing, with the exception of up-zoning. Brotherton stressed that the purpose of the discussion is to protect the existing urban separator, not to degrade what we already have, and not to take away people ' s rights to develop their property if that development won' t hurt the existing environment . Orr pointed out that the first sentence of Brotherton' s motion clearly states "with the current densities" . Clark stated that King County did not support their own plan, and that the City will inherit some of the area and must live with the results . Brotherton explained for Yingling that the City' s compre- hensive plan would be modified and the County plan would not be affected. Brotherton' s motion to refer this issue to the Land Use and Planning Board then carried. Mayor White noted that there will be opportunities for citizens to testify at the Land Use and Planning Board hearings . PUBLIC SAFETY (CONSENT CALENDAR - ITEM 6C) Camping Ordinance ADOPTION of Ordinance No. 3516, prohibiting unauthorized camping. Camping would be permitted in parks and public places only by permit . It would also prohibit camping and the storage of personal property, including camp facilities and camp paraphernalia, in any park or other public place in the City of Kent . 7 Kent City Council Minutes July 5, 2000 PUBLIC SAFETY (CONSENT CALENDAR - ITEM 6F) Kent Drinking Driver Task Force Grant. ACCEPTANCE of WTSC OJJDP (Federal Office of Juvenile Justice) discretionary grant funding, and establishment of a budget . The Kent Drinking Driver Task Force has been notified of grant funding through the WTSC. The OJJDP Discretionary grant is the amount of $77, 600 over two years . Existing program funding will be used for the required match. PUBLIC WORKS (CONSENT CALENDAR - ITEM 6D) Public Works Improvement Plan Approval And Inspection Fees. ADOPTION of Ordinance No. 3517, relating to public works improvement plan approval and inspection fees for certain governmental agency projects . This ordinance amends the section of the Kent City Code that establishes a plan review and inspection fee for those portions of developments in the City that include improve- ments to public facilities (such as water or sewer construction or street widening that might occur as a condition of subdivision development) . This ordinance was amended in December of 1999, but the language inserted at that time did not reflect the Public Works Department ' s actual intent . As revised in this ordinance, the Public Works Department now has the opportunity to reduce the established fee when another public agency con- structs a public improvement within City limits . In addition to the fact that these improvements typically provide a regional benefit, the esta- blished fee, in certain instances, can become disproportionately high, since the entire job (not just a portion of it, like in the subdivision example above) is a public improvement, making all project costs incurred by the other agency subject to the six percent fee . (CONSENT CALENDAR - ITEM 6H) Public Works Traffic Section Maintenance Shop Lease Agreement. AUTHORIZATION for the Mayor to sign the three year lease agreement with Totem Business Park, to facilitate the Public Works Dept 8 Kent City Council Minutes July 5, 2000 PUBLIC WORKS Signal Operation and Maintenance facility, upon concurrence of the language by the City Attorney, as recommended by the Public Works Committee . (BIDS - ITEM 8A) 2000 Downtown Sidewalk Replacement & Gateway Improvements. The bid opening for this project was held on June 22nd with four bids received. The low bid was submitted by Gary Merlino Construction Co. , Inc . in the amount of $1, 135, 836 . 50 . The engineer' s estimate was $1, 220, 807 . 63 . The Public Works Director recom- mends award of this contract to Gary Merlino Construction Co. , Inc . CLARK MOVED that the 2000 Downtown Sidewalk Replacement and Gateway Improvements contract be awarded to Gary Merlino Construction Co. , Inc . in the amount of $1, 135, 836 . 50 . Epperly seconded and the motion carried. PARKS & (CONSENT CALENDAR - ITEM 6E) COMMUNITY Riverbend Golf Complex Amended Budget. ADOPTION SERVICES of the amended Riverbend Golf Complex Year 2000 Budget, as recommended by the Parks Committee on June 13 , 2000 . This amendment includes approval to transfer $100 , 000 from the Golf Equipment Rental Reserve, $50, 000 from the Facilities Capital Budget to the Riverbend Capital Fund for facility improvements, and approval to enter into a lease agreement for the golf carts . (OTHER BUSINESS - ITEM 7B) Kent Civic and Performing Arts Center General Obligation Voter Approved Bonds . Over the last several years, the Kent City Council considered the development of a civic and performing arts center in the downtown core one of its target issues . City staff has worked with the non-profit Kent Civic and Performing Arts Center Board of Trustees and Kent citizens to plan and design such a facility. 9 Kent City Council Minutes July 5, 2000 PARKS & After many years of planning, studying and COMMUNITY designing, the Kent Civic and Performing Arts SERVICES Center Board of Trustees is prepared to request that the City Council authorize a $14, 000 , 000 bond issue for the construction of the facility on the primary ballot in September. The Board is raising $10, 000, 000 privately for this project . Parks Director Hodgson noted that the Kent Civic and Performing Arts Center group has been com- mitted to this project for many years, and are passionate, enthusiastic, committed to excellence and thorough. He said that it is unique that the group is willing to raise funds to help build the facility and to help pay operational costs each year. Hodgson explained that if 60% of the voters approve this, the Council would still have an option as to whether or not to sell the bonds . He noted that the cost to the average home owner would be $2 . 65 per month. Don Campbell, President of the Kent Civic and Performing Arts Center Board, explained the types of events which could be held at the Center, including speakers, concerts, film festivals, sports banquets, meetings, art shows, dances, comedy nights, lectures, business meetings, trade shows, wedding receptions, plays, musicals, sports presentations on a big screen, and holiday celebrations . He said that every Kent citizen would find something of special value there, and asked the Council to put the issue before the voters . Pete Curran, Co-Chair of Capital Campaign, noted that in 1966 the building of the current City Hall was placed on the ballot as a G.O. bond issue and was adopted by the City, and that G. O. bonds were used for the senior housing at Fourth and Smith. He noted that the park system, the street system, the synchronized traffic lights, the library, the Commons, the Senior Center, the new jail, and the golf course, were approved by the Council in an effort to ensure that the city stays current with the demands of intense growth. He reiterated that 10 Kent City Council Minutes July 5, 2000 PARKS & nearly half of the funding for the civic and COMMUNITY performing arts center with be from private SERVICES sources, and asked the Council to give the people of the city the opportunity to indicate how strongly they feel about having this facility. WOODS MOVED to adopt Ordinance No. 3518 authoriz- ing an election to be scheduled September 19, 2000 , for the sale of $14 , 000 , 000 of long-term general obligation voter approved bonds for the design, construction, and equipping of a civic and performing arts center. Brotherton seconded. Woods stated that years ago the library, the senior center and a performing arts center were put on the ballot at the same time, and that that proposal failed. She noted that the library and the senior center have been built . She commended those who have been willing to consider this issue from different points of view and who have worked on this proposal for many years . Martin Plvs, 3004 S . 256, voiced concern about tax increases and accurate figures, and noted that Seattle and Tacoma have adequate arts centers . He said that only $1 . 1 million of the $10 million has been raised, and that $193 , 000 will be lost in the first year. He also stated that this is a program for the wealthy and that the average person won' t be able to afford to attend the events held at the center. Ted Kogita, 25227 Reith Road, Kent, noted that Parks Director Hodgson and the Mayor' s wife are on the Board and that he would like to have in writing that the Board is strictly volunteer and that members will get no gratuities before this is passed. Mayor White explained that his wife has a right to serve on the Board and that she volunteers countless hours in the community. Woods commented that this building will be a City building and that Mr. Hodgson represents the City on the Committee . She also expressed ongoing admiration for Edna White, noting that she chooses to serve her community selflessly. Kogita questioned how the money which was taken from the water budget will be repaid. He said that the 11 Kent City Council Minutes July 5, 2000 PARKS & $10, 000 , 000 from private industry will be raised COMMUNITY over a number of years, so it is not available SERVICES right away, and that interest will have to be paid. He also said there is no guarantee that the $10 , 000, 000 will be raised, or that there will be no more requests for funding from taxpayers . Robert O' Brien, 1131 Seattle Street, said place- ment of this issue on the ballot is premature . He noted that money has already been spent on the project, that there are problems regarding chemicals on the property and that a good explana- tion of the funding is needed before it goes on the ballot . Diana Albertson, representing the Chamber of Commerce Board of Directors, stated that they unanimously approved the Civic and Performing Arts Center because it makes Kent a better place to live, it will attract businesses to the city, it will help in redevelopment of the downtown core, and it will provide a place for businesses to hold meetings . She encouraged the Council to vote yes to placing the issue on the September ballot . Patricia Peacore spoke in favor the center, and said she feels low income people do attend cultural activities, and that they won' t have the distance to travel that they now do. She said that culture enriches our lives . Larry Osborne, 4122 S . 240th Street, said there is no assurance that there will be assistance in paying for the cost of operating the facility. Sally Goodgion, 405 E . Titus, said it is not premature to put this issue on the ballot, that a lot of thought has gone into it, and urged the Council to vote yes . Gail Shewey, 11217 No Name Street, Kent, asked the Council to postpone the bond issue until consideration of traffic, parking, wetlands, chemicals and setbacks has taken place. Debbie Ranniaer, 14606 SE 244th Street, Kent, thanked everyone for their support on the civic and performing arts center. She said the center will be a focal point for citizens to come 12 Kent City Council Minutes July 5, 2000 PARKS & together, some of whom do not have the ability to COMMUNITY travel outside the city to enjoy civic and SERVICES cultural activities . David Reynolds, 33207 205th Avenue, spoke in favor of the facility, both as an entertainer and as a parent . He explained that it takes time and money to take his child out of town to events . Orr explained that the City borrowed money which is not needed at this time from an existing fund, and it is being repaid with interest by a dif- ferent tax which is paid for by visitors to the community, so it is not costing taxpayers anything for the land. She said that traffic is being addressed and pointed out that most events at the facility will be at night when rush hour is over. She noted that the Sound Transit parking garage will also be used by the Performing Arts Center, so no additional space downtown will be paved over. Orr said she is very impressed with the performing arts center group and their plan, and expressed her thanks . Clark emphasized that the question is whether the citizens wish to become a partner with this group, and that that will be left in the hands of the voters . Brotherton pointed out that the $14 , 000, 000 will not be spent immediately and that there will be assurance that money will be coming in from the committee. Amodt said she is pleased that this will go on the September ballot . Upon her question, Deputy City Attorney Brubaker explained that the ordinance guarantees that the bonds will not exceed $14 , 000 , 000 and provides for a subsequent ordinance authorizing issuance of the bonds . He also explained that the ordinance does not state that the $14, 000 , 000 is contingent on the raising of $10, 000, 000 . Yingling said he has spoken with Boardmembers regarding the facility and that he has full confidence that a very good job of uncovering the costs involved was done . Epperly commended the Civic and Performing Arts Center Committee for an 13 Kent City Council Minutes July 5, 2000 PARKS & outstanding job, and noted that they will have to COMMUNITY raise the promised funds . SERVICES Brotherton' s motion to put the issue on the ballot then carried unanimously. AMODT MOVED that issuance of the General Obligation bonds of $14, 000, 000 is contingent upon the Civic and Performing Arts Center Board' s successful acquisition of the entire amount of necessary private funding of $10, 000 . The motion died for lack of a second. (BIDS - ITEM 8B) Fire Prevention Tenant Improvements. The bid opening for this project was held on June 23rd with one bid received. The Parks Director recommends awarding the Fire Prevention Tenant Improvements project to DP Inc. for $151, 857 plus Washington State Sales Tax. EPPERLY MOVED to award the Fire Prevention Tenant Improvements project to DP, Inc . in the amount of $151, 857 plus Washington State Sales Tax, and for authorization to proceed with intent to bond to reimburse expenses . Orr seconded and the motion carried. (NOTE : The agenda page erroneously referred to this contractor as AB, Inc . ) FINANCE (CONSENT CALENDAR - ITEM 6B) Approval of Bills . APPROVAL of checks issued for payroll for June 1 and paid on June 20, 2000 : Date Check Numbers Amount 6/20/00 Checks 244468-244818 $ 291, 501 . 53 6/20/00 Advices 96520-97134 938 , 127 . 92 $1, 229, 629 . 45 REPORTS Public Safety Committee. Epperly noted that the next meeting will be held at 5 : 00 p.m. on July 25 . Public Works Committee. Clark noted that the next meeting will be held at 5 : 00 p.m. on July 17 . 14 Kent City Council Minutes July 5, 2000 REPORTS Administrative Reports. McFall reminded Council- members that an Executive Session of approximately ten minutes regarding negotiation for land acquisition has been added to the agenda. EXECUTIVE The meeting recessed to Executive Session at SESSION 9 :20 p.m. , and reconvened at 9 : 36 p.m. ADJOURNMENT ORR MOVED to adjourn at 9 : 36 p .m. Woods seconded and the motion carried. a.c0-6� Brenda Jacob r, CMC City Clerk 15