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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 05/02/1995 Kent, Washington May 2, 1995 Regular meeting of the Kent City Council was called to order at 7: 00 p.m. by Mayor White. Present: Councilmembers Bennett, Clark, Johnson, Mann, and Woods, Operations Director/Chief of Staff McFall, City Attorney Lubovich, Planning Director Harris, Public Works Director Wickstrom, Police Chief Crawford, Fire Chief Angelo, Parks Director Hodgson, and Human Resources Division Director Viseth. Approximately 100 people were at the meeting. The flag salute was lead by Brownie Troop 603 . PUBLIC National Day of Prayer. Mayor White read a pro- COMMUNICATIONS clamation noting that prayer is part of our nation' s heritage and that the National Day of Prayer was first declared in 1775, and proclaimed May 4, 1995 as National Day of Prayer in the City of Kent. He encouraged all citizens who so desire, to observe this day. The proclamation was presented to Paster George Wilson. Drinking Driver Task Force Design Contest Recognition Ceremony. Mayor White noted that the Drinking Driver Task Force and citizen volunteers are working together to reduce the number of deaths, injuries and crashes caused by impaired driving. Nancy Mathews of the Task Force then introduced the winners of the Poster Design Contest, and certificates were presented by the Police Chief and Mayor White. Introduction of Mayor's ADDointees. Mayor White introduced Rick Wellenberger, Rafael Garcia, Robert Whalen, Linda Johnson, Michael Skehan, Frank Wiemes and Jay Bakst, his appointments and reappointments to the Transit Advisory Board. He expressed appreciation for their work on the Board. Employee of the Month. The Mayor announced that Lt. Paul Wright of the Fire Department has been selected as Employee of the Month for May. He noted that Lt. Wright is always willing to help his co-workers and that he was instrumental in creating a schedule for his co-workers to help out the family of a very ill fire fighter. Chief Angelo noted that Wright achieved the rank of Lieutenant within five years, which is unusual. He also noted that Lt. Wright has a sense of customer service at all times. Mayor White presented Lt. Wright with the Employee of the 1 I I I May 2, 1995 i PUBLIC Month plaque, and expressed appreciation to him COMMUNICATIONS and all firefighters for their service to the community. Correctional Officer Week. The Mayor noted that Correctional Officers are technically trained and highly skilled professional public servants who display valor, service and dedication. He proclaimed the week of May 7-13, 1995, as Correctional Officer Week in the City of Kent. He commended Capt. Chuck Miller and pointed out that the Kent Corrections Facility is celebrating their nine-year anniversary this month. Marilyn Soper Day. Mayor White announced that Marilyn Soper, a Kent resident, has been employed by Valley Communications Center for the past eighteen years as a dispatcher, and that she has been named Telecommunicator of the Year. He explained that 911 calls go to Valley Communica- tions Center. He proclaimed May 5, 1995 as Marilyn Soper Day in the City of Kent and encouraged all residents to acknowledge and recognize her contribution and commitment to the community. Soper accepted the proclamation and said she intends to share it with her co-workers who are dedicated, compassionate and caring individuals. She also commended the Police Department, the Fire Department and Medic One. Regional Justice Center Update. Wendy Keller, Project Director, announced that funds for the project have been appropriated by the King County Council and that the contract will be awarded to Hensel Phelps. She noted that 90% of the sub- contractors are local, and said that the ground- breaking is tentatively scheduled for May 31st. In response to a question brought up at the last Council meeting regarding earthquakes, she noted that the building was designed by the same engineers who designed the World Trade Center. D.A.W.N. Dale Smith from the Board of Directors of D.A.W.N. , 837 Maplewood, reported that D.A.W.N. provides significant resources to many women and children in the City of Kent, but that many are turned away because the shelter is at capacity. He noted that their capacity will be 2 May 2, 1995 PUBLIC increased by 75% in July, but that they expect it COMMUNICATIONS will be full within 24 hours. He thanked the City for their support on behalf of the Board, the staff, the volunteers and the women and children who have found safety, support and strength at D.A.W.N. 's shelter. The Mayor com- mended Smith and D.A.W.N. for their work in the community. CONSENT WOODS MOVED that Consent Calendar Items A through CALENDAR J be approved. Johnson seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 3A) ADDroyal of Minutes. APPROVAL of the minutes of the regular Council meeting of April 18, 1995. HEALTH & (CONSENT CALENDAR - ITEM 3H) SANITATION Lindental Phase I. AUTHORIZATION to accept the Bill of Sale for Lindental, Phase I submitted by Ralph D. and Gertrude O. Guthrie, for 2,421 feet of street improvements and 2 , 089 feet of storm sewers and release of bonds after expiration period, as recommended by the Public Works Director. The project is located on S.E. 265th Place & S.E. 264th Street. WATER (CONSENT CALENDAR - ITEM 3D) Highline Water District Intertie Agreement. AUTHORIZATION for the Mayor to execute the Highline Water District Intertie Agreement, as recommended by the Public Works Committee, and upon concurrence of the Public Works Director and the City Attorney. Kent and Highline shall limit the use of the water obtained through the inter- tie for fire-fighting purposes, emergency use and special maintenance purposes. STREET (PUBLIC HEARINGS - ITEM 2B) VACATION 26th Place South Street Vacation STV-95-3. This public hearing is to consider an application by Dwane L. Ott to vacate a portion of 26th Place South, as referenced in Resolution 1425 and as shown on the accompanying map and discussed in the staff report. 3 May 2, 1995 STREET The Mayor opened the public hearing. Pat VACATION McAllister, 24805 Pacific Highway South, repre- senting Mr. Ott, said that this location had been an illegal dump site and that they have spent over $3 ,500 to clean it up. He said they would like to work with the Parks Department to develop a trail on the site rather than compensating the City for the property. Public Works Director Wickstrom offered the following substitution to Condition No. 2: "Since compensation for this vacated right-of-way is discretionary under City ordinance for this class of right-of-way, in lieu of requiring same the applicant shall make im- provements to the adjacent City park amenable to the City's Park Director. " WOODS MOVED that the public hearing be closed. Clark seconded and the motion carried. JOHNSON MOVED to approve the Planning Depart- ment' s recommendation of approval with conditions of an application to vacate a portion of 26th Place South as referenced in Resolution 1425, to direct the City Attorney to prepare the necessary ordinance, to retain the utility easements, to use the substitute language for Condition No. 2 , and to enter into a Letter of Understanding to meet that condition. Bennett seconded and the motion carried. STREET (BIDS - ITEM 5A) IMPROVEMENTS James Street/4th Avenue North Improvements (KCRJC) . At the last Council meeting, Shoreline Construction was awarded the contract for this project subject to receipt of King County RJC Traffic Mitigation funds. Due to RJC bid award delays and probable increase costs if the con- tract were delayed further, it is the Public Works Director's recommendation that the previous award be revised deleting reference to receipt of RJC funds. MANN MOVED that the James Street/ 4th Avenue Improvements project be awarded to Shoreline Construction in the amount of $282,206.26, including tax. Bennett seconded and the motion carried. 4 i May 2, 1995 DRAINAGE (PUBLIC HEARINGS - ITEM 2C) UTILITY Drainage Utility Financial Plan and Revenue Program. This date has been set for continuance of the public hearing on the Drainage Utility Proposed Six Year Capital Improvement Program and subsequent rate increases. The Public Works Committee has reviewed this issue and recommends adoption. Public Works Director Wickstrom explained that the original proposal was for a rate increase each year for the next two years, and that the revised proposal would increase rates in January of 1996, 1997 and 1998. He said the revised plan would be balanced over three years, rather than a large increase the first year and a smaller increase the second year as originally proposed. He proposed using councilmanic bonds because not as much additional revenue would be required, resulting in lower rates. He expressed a desire to pre-fund the Upper Garrison Creek Detention Basin project in order to solve the flooding problems. Wickstrom noted for Bennett that $200, 000 is available for the lagoon project and that $6, 000, 000 has been spent for acquisition. He explained that they have applied for a loan because the interest rates are better than other sources. Clark pointed out that although local businesses did not welcome high tax bills, they were aware that the flooding problem must be dealt with. He commended Wickstrom and the Public Works Department for their diligent work in attempting to deal with the concerns of businesses. The Mayor reopened the public hearing. Dean Poor of Heath Tecna, 19819 84th Avenue South, thanked Public Works Director Wickstrom for his assis- tance in lowering the total cost and for phasing the project. He expressed support of the revised plan on behalf of industry, the local business community and the Chamber of Commerce. There were no further comments from the audience and WOODS MOVED to close the public hearing. Clark seconded and the motion carried. 5 i May 2, 1995 DRAINAGE MANN MOVED to adopt Resolution No. 1428 adopting UTILITY the Six Year C.I.P. for the Drainage Utility, authorizing and approving the implementation, financing and establishment of the budgets for the first, second and third year' s program and authorizing the sale of either councilmanic or storm drainage revenue bonds. Woods seconded and the motion carried. MANN MOVED to adopt Ordinance No. 3224 changing the rate charged by the City for its storm and surface water utility. Woods seconded. Johnson asked that before the new rates go into effect the Public Works Committee look at some type of credit to businesses which already have retention systems. Mann agreed to discuss that issue at a future committee meeting. The motion then carried. TRAFFIC (CONSENT CALENDAR - ITEM 3E) CONTROL S. 212th HOV Lanes. ADOPTION of Ordinance No. 3225 relating to S. 212th HOV Lanes. The City is presently in negotiations on three parcels of property in conjunction with the So. 212th St. HOV Lanes project. The Public Works Committee has recommended adoption of an ordi- nance authorizing condemnation on said parcels. Negotiations will, however, continue until such time as condemnation is necessary. ADULT USE (OTHER BUSINESS - ITEM 4B) Adult Use Zoning Amendment ZCA-95-1. At it's meeting on April 18, 1995, the Council requested that if the Planning Commission is unable to come to a conclusion and make a recommendation to the Council on Adult Use zoning, that the matter be brought to the Council for action without a Planning Commission recommendation. Harris clarified that the Planning Commission did not reach a conclusion, and will not be making a recommendation. JOHNSON MOVED that the Adult Use Zoning Amendment ZCA-95-1 be referred to the Planning Committee for a recommendation and referral back to the City Council. Clark seconded and the motion carried. 6 t May 2, 1995 ADULT USE Mann recommended that a workshop be held on this matter before a vote is taken. All agreed. Clark explained for citizens that there are laws which constrain the Council. He noted that the City would be in violation of the law if they did not permit a legal business the opportunity to exist. He said that the question is where in the community to locate them. He emphasized that the Legal Department has tried to meet the needs of the community, especially in terms of public safety and health issues. He said that standing in defiance of the laws and taking the matter to court would be very expensive, and that it would be paid for by the citizens. REZONE (OTHER BUSINESS - ITEM 4A) Ladum Rezone RZ-94-2. On January 17, 1995, the City Council remanded the Ladum rezone applica- tion to the Hearing Examiner to address certain concerns. The Hearing Examiner, after con- sidering the application at the Council's request, has recommended approval to rezone four acres from MA, Industrial Agricultural, to MRG, Garden Density Multifamily Residential (16 units per acre) . Planning Manager Satterstrom explained that the application went back to the Hearing Examiner for additional clarification on the impact to schools, and on the fiscal impacts to the City. He noted that there would be only minor or insignificant impacts to City services or Kent schools. He also noted that rezoning to MRG is consistent with the new Comprehensive Plan. JOHNSON MOVED to accept the findings of the Hearing Examiner and to adopt the Hearing Examiner's recommendation of approval of the Ladum Rezone RZ-94-2 , and to direct the City Attorney to prepare the necessary ordinance. Clark seconded and the motion carried. ANNEXATION (PUBLIC HEARINGS - ITEM 2A) ZONING Jones/Hobbs Annexation Zoning AZ-94-1. This public hearing is the second of two hearings on the proposed initial zoning of the Jones/Hobbs Annexation Area. The first hearing was held on 7 I May 2, 1995 ANNEXATION March 21, 1995. The Planning Commission has ZONING recommended approval of Alternative 1, changing the northern two parcels from R1-12 to R1-20. The Mayor opened the public hearing. There were no comments from the audience and WOODS MOVED to close the public hearing. Clark Seconded and the motion carried. JOHNSON MOVED to approve the Planning Commission's recommendation for approval of Alternative 1, changing the northern two parcels from R1-12 to R1-20 and to adopt Ordinance No. 3223 including the map exhibit. Clark seconded and the motion carried. (CONSENT CALENDAR - ITEM 3G) Beck Annexation Zoning AZ-95-2. AUTHORIZATION to set May 16, 1995 and June 20, 1995 as public hearing dates to consider the initial zoning for the Beck Annexation area. COUNCIL (CONSENT CALENDAR - ITEM 3I) Excused Council Absence. APPROVAL of a request from Council President Judy Woods for an excused absence from the May 16, 1995 City Council meeting. She will be out of town and unable to attend. (CONSENT CALENDAR - ITEM 3J) (ADDED BY COUNCIL PRESIDENT WOODS) Excused Council Absences. APPROVAL of excused absences for Councilmembers Houser and Orr, who could not be in attendance tonight. POLICE (CONSENT CALENDAR - ITEM 3F) Explorer Post. APPROVAL of a request from the Police Department for an additional $2, 000 from the extra revenue from Criminal Justice Funds to I be used for the Explorer Post. It is estimated that it will take approximately $6, 000 to get the Explorer Post up and running. At the present time, the Kent Police Employees Benevolent Association and the City Wide Youth Committee have each donated $2, 000 to the program. 8 I May 2, 1995 FINANCE (CONSENT CALENDAR - ITEM 3B) ARDroyal of Bills. APPROVAL of payment of the bills received through April 14 and paid on April 14, 1995 after auditing by the Operations Committee on April 26, 1995. Approval of checks issued for vouchers: Date Check Numbers Amount 4/1/95-4/14/95 153929-154404 $1,470, 419.63 Approval of checks issued for payroll for April 1 through April 15, 1995 and paid on April 20, i 1995. Date Check Numbers Amount 4 20 95 Checks 202485-202807 $ 262, 533 . 10 Advices 23569-23949 $ 493 ,587. 37 $ 756, 120.47 APPOINTMENTS (CONSENT CALENDAR - ITEM 3C) Transit Advisory Board Appointments and ReaRRointments. CONFIRMATION of the Mayor's appointments of Rick Wellenberger and Rafael Garcia to serve as members of the Kent City Transit Advisory Board and also the reappoint- ments of Robert Whalen, Linda Johnson, Michael Skehan, Frank Wiemes and Jay Bakst to continue serving as Board Members. The reappointments will expire 4/30/97 . i Mr. Wellenberger is a Kent resident and is interested in transit issues. He feels that serving on the City Transit Advisory Board will allow him an opportunity to contribute to the improvement of the transit system in our area. Mr. Wellenberger will replace Janette Nuss, whose term expired. His new appointment will continue to 4/30/97. Mr. Garcia is a Kent resident and is interested transportation issues. He will re in transp lace Ted P Nixon, who resigned, and his appointment will continue to 4/30/96. REPORTS Council President. Woods announced that the Suburban Cities Association will meet on Wednesday in Kirkland, and reservations should be made through Ms. Banister. 9 i i May 2, 1995 REPORTS Operations Committee. Johnson stated that the next Operations Committee meeting will be held at 9: 30 a.m. next Wednesday. Administrative Reports. Parks Director Hodgson noted that the King County Parks Master Plan may impact Kent in two ways, one of which is their desire to off-load swimming pools onto the cities in which they are located. The other issue is regional parks in urban settings, such as Lake Meridian which is in the new potential annexation area. He will keep the Council informed on these issues. EXECUTIVE At 8: 10 p.m. , McFall announced an executive SESSION session of 15-20 minutes to discuss pending litigation and labor negotiations. The meeting reconvened at 8: 23 p.m. WATER MANN MOVED that the Manganese Water Treatment Plant Project be accepted as complete, that the settlement reached with Will Construction, Inc. and Kennedy Jenks Consultants regarding all claims on the project be approved, that $152, 000 from the Unencumbered Water Funds be transferred into the project budget to cover additional costs necessary to close the project, and that the project retainage be released under the con- ditions listed in the settlement agreement. Woods seconded and the motion carried. ADJOURNMENT The meeting adjourned at 8:25 p.m. ,rl Brenda Jacobei, CMC City Clerk 10