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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 03/19/1996 Kent, Washington March 19, 1996 Regular meeting of the Kent City Council was called to order at 7.00 P.M. by Mayor White. Present: Councilmembers Bennett, Clark, Epperly, Houser, Johnson, and Orr, operations Director/ Chief of Staff McFall, City Attorney Lubovich, Planning Director Harris, Public Works Director Wickstrom, Police Chief Crawford, Fire Chief Angelo, and Assistant Finance Director Hillman. tel Councilmember Woods was excused from the meeting. Approximately 45 people were in attendance. PUBLIC Introduction of Emyloyess Selected for Yangzhou, COMMUNICATIONS China, Employee Exchange. Mayor White noted that an exchange of employees is done with Kent's Sister City in China once a year. He then intro- duced Brian Swanberg and Deann Thiry-Schoeler as the employees who have been selected to go to Yangzhou, China, this year. Legislative Update. Arthur Martin, Governmental Affairs Manager, noted that the Legislature has completed its session for this year, and that the impact on cities was not as grave as anticipated. He noted, however, that all of the property tax relief items introduced are now being considered in the interim and probably will be the first items on the agenda in the next session. Martin noted that the Legislature has put $750,000 into the supplemental budget for the purpose of locating a natural medicine clinic somewhere in south King County. He explained that Kent' s City Council had recently passed a resolution regarding the location of a natural medicine clinic in Kent, if possible, following the lead of the King County Council. He noted that the supplemental budget for transportation ended with the grants approach to utilization of funds for drainage on state roads, and that the grants approach creates problems any time money is available for a transportation project with 10-15 projects that can use it especially when grant funds are relatively small. Martin noted that the bill passed giving cities the ability to clear up any liens on utilities that exist when there is a closing. He further noted that the next session is going to be preceded by a long series of interim committee meetings mostly focusing on property rights, and that the only bill which passed the Legislature was one that requires the city to notify the County Assessor anytime there is a land use designation change. 1 March 19, 1996 PUBLIC Upon Clark's question, Martin explained that many COMMUNICATIONS members of the Legislature feel that addressing the property tax only for businesses put them into a bind, and that some of the interim com- mittee meetings will be taking place this summer so the issues can be taken back home for the elections this fall. Martin noted for Clark that the street utility issue did come up in the Legislature with a ground swell of support, and that there will probably be some movement on it this summer. Clark requested notification of any meetings scheduled particularly this summer and Martin concurred. Regional Justice Center Update. Captain Tom Brown noted that this is the ninth month of construction for the Regional Justice Center, and that there are some visual changes showing the first floor ramp of the parking structure which is quite visible from James Street, the increase in scaffolding on the front of the courts build- ing, and the brick work on the exterior which is presently going up. He noted that there is more progress on the top floor of the courthouse, and that there is increased activity in the detention area with a roof being constructed and put in place correctly before all the detention work is done. He explained that the detention support is coming up right on time, and that the detention booking area is on schedule as well. Brown noted that at the end of January the cash flow was about $60, 000, 000 which is actually lower than what was projected due to limited change orders. He explained that the schedule is still on time, within budget, and that the 12 weather days have been negotiated and are non-compensatory. (ADDED ITEM - ADDED BY MAYOR WHITE) Mayor White introduced guests from Japan who were visiting the Council meeting tonight. He noted that these guests are students who are being hosted by families from Kent-Meridian, Kentridge, and Kentwood High Schools. He explained that he wanted citizens to be aware of these exchanges that are taking place in Kent and he thanked the guests for attending the meeting. CONSENT HOUSER MOVED that Consent Calendar Items A CALENDAR through O be approved, including the changes made by the City Attorney to Item 3C. JOHNSON seconded and the motion carried. 2 March 19, 1996 MINUTES (CONSENT CALENDAR - ITEM 3A) ARProval of Minutes. APPROVAL of the minutes of the regular Council meeting of March 5, 1996. STREETS (CONSENT CALENDAR - ITEM 3J) James St. /S. 212th Overlays. ACCEPT as complete the contract with M.A. Segale, Inc. for the James Street/S. 212th St. Overlays and release of retainage after State releases, as recommended by the Public Works Committee. The original contract amount was $554, 102.27. The final construction cost was $620, 029 . 92 . The overage on this project is due to additional overlay work on S. 212th between 42nd Avenue and 700 feet east and on James Street per the widening work asso- ciated with the King County Regional Justice Center. In addition, some sidewalks and curb and gutter repair work along James Street were added. (CONSENT CALENDAR - ITEM 3K) LID 345 S. 218th Street Improvements (East Valley Highway to SR 167) . AUTHORIZATION to set April 16th as the Public Hearing date to adopt the ordinance establishing the Final Assessment Roll for LID 345, as recommended by the Public Works Committee. (CONSENT CALENDAR - ITEM 3M) D.O.T. Agreement for Pavement Markings. AUTHORIZATION for the Mayor to sign the agree- ment, upon concurrence by the Public Works Director and the City Attorney, with the Department of Transportation for the installation of pavement markings along Canyon Drive & Benson Highway which is in conjunction with the State's overlay project along these roads, as recommended by the Public Works Committee. (OTHER BUSINESS - ITEM 4C) 196th/200th Street Corridor Final EIS Adoption. This resolution affirms and acknowledges City action to date regarding the City's long-term planning and environmental review on its proposed 196th/200th Street Corridor project. Addi- tionally, this resolution takes SEPA "action" on its environmental review and on the project, by directing staff to proceed with the project along the preferred Alternative 'A' route, and to obtain all necessary permits and approvals necessary to construct the project. The pre- ferred alternative in the EIS is along 200th Street from Orillia Road to the Green River and 3 March 19, 1996 STREETS then along 196th Street from the Green River to East Valley Highway. Assistant City Attorney Brubaker explained that there are currently two east-west roadway corri- dor proposals under active development. He noted that the 196th/200th Corridor is one of the proposals that travels through the northern part of the valley in Kent, commences at East Valley Highway on the east, traverses across the valley, across both railroad tracks to link with West Valley Highway, continues along to the Green River where it will cross the Green River and connect with Orillia Road, connect to I-5 and then down to 212th Street. Brubaker noted that two other alternatives were proposed for this project: 1) Alternative B which commences at 194th Street rather than 196th Street; or 2) that the project not be constructed at all. He explained that the EIS determined that the preferred alternative would begin at the intersection of 196th Street and East Valley Highway, continue due west until it neared the Green River. He noted that three business owners or representatives on the 194th Street, non- preferred Alternative B, alignment requested him to present letters in opposition. ORR MOVED to make the three letters a part of the public record. Johnson seconded and the motion carried. Brubaker explained that the City issued its final environmental impact statement for this project on February 29, 1996, and that State law requires a seven day waiting period before the City can take any action after the publication or issuance of the EIS. He noted that a resolution has been prepared which constitutes Council action that encompasses the following items: 1) It ratifies and approves prior steps taken by the City in the development process, and specifically the SEPA process; 2) The City continues to comply with local and regional long-term planning goals by moving forward with this project; 3) This resolu- tion reaffirms the City's intention to comply with Growth Management Act Transportation Concurrency Requirements by continuing with the development construction of the roadway; 4) It authorizes continued development of the project, authorizes staff to continue with the design of this project, and obtain the necessary permits; 4 March 19, 1996 STREETS and 5) The Council will start the statutory clock running for appeals on the project, which is a 21-day appeal period, by taking action tonight. Brubaker reiterated that if this resolution is passed tonight, there will be a 21-day window of opportunity for any aggrieved party to appeal the decision and EIS to the Superior Court of the State of Washington. Upon Houser's question, Brubaker explained that the letters were received in the Engineering Department on March 11, 12 and 15, but that the authors of the letters called today asking for the letters to be entered into the record. Upon Orr' s question, Brubaker clarified that staff selected Alternative A which is on the 196th Street portion of the project. Brubaker noted for Clark that the meeting held for the East leg of the 196th Street corridor addressed the fact that the roadway serves local and regional needs. He also noted that there are proposed links to extend the roadway from East Valley Highway and 196th up onto the East Hill. He explained that King County would be the lead agency for that segment, but that it is just in the very earliest stages of feasibility. Brubaker explained that the City of Kent has passed the feasibility and completed the en- vironmental review stages. He noted that the resolution clarifies the terminus at East Valley Highway and Orillia Road is a logical terminus for this section of road whether or not the eastern leg is ever constructed. Clark noted that this is one of the few options Kent has of keeping traffic flowing non-stop through the valley floor. Brubaker explained that the Council is not taking a position for or against the East leg by approving this FEIS, because it is independent and separate from that considera- tion. Clark mentioned that the Puget Sound Regional Government' s Committee of the Annual Report discussed last Thursday the total amount of trade value traffic passing through the Port of Tacoma and Port of Seattle; and that this area would be the world's tenth largest port, if combined. He noted that the City has a big challenge ahead. Mayor White added that the combined Ports of Tacoma and Seattle are the second largest in the United States behind Long Beach, California, so 5 March 19, 1996 STREETS rail capacity and road capacity are a big challenge. CLARK MOVED to adopt Resolution No. 1465 taking action on the City's Final Environmental Impact Statement for the 196th/200th Street Corridor project by directing staff to proceed with the project and to obtain all necessary permits and approvals to construct the project along the preferred Alternative 'A' route. Houser seconded and the motion carried. STREET (PUBLIC HEARINGS - ITEM 2A) VACATIONS S. 218th Street Vacation STV-96-1. This date has been set to consider an application to vacate a portion of South 218th Street lying west of East Valley Highway, as referenced in Resolution No. 1454 , and as shown on the map and discussed in the staff report. The Mayor opened the public hearing. Gar Volchok, 1420 - 5th Avenue, Suite 1700, Seattle, noted that he is the applicant representing all of the property owners who are requesting this street vacation. He noted that the street has never been used and is a platted street which would never be needed for public entry or access since all the properties have access onto East Valley Highway now. There were no further comments and ORR MOVED to close the public hearing. Houser seconded and the motion carried. ORR MOVED to approve the Planning Department's recommendation of approval with conditions of an application to vacate a portion of South 218th Street lying west of East Valley Highway, as referenced in Resolution No. 1454, and to direct the City Attorney to prepare the necessary ordinance upon fulfillment of all conditions. Bennett seconded and the motion carried. (CONSENT CALENDAR - ITEM 3I) Street Vacation - S.E. 266th. ADOPTION of Resolution No. 1463 setting May 7, 1996, as the hearing date on the S.E. 266th Street Vacation, as recommended by the Public Works Department. The Public Works Department has received a request for a street vacation from George B. Webb. 6 March 19, 1996 SIDEWALKS (CONSENT CALENDAR - ITEM 3G) Meeker Street Sidewalk Project - Transfer of Funds. AUTHORIZATION to transfer $75, 000 from the East Valley Highway (192nd/180th) project (R68) to the Sidewalk Fund (R33) to allow this work to be built as one project in 1996, as recommended by the Public Works Committee. This project is an on-going sidewalk repair pro- gram to replace damaged sidewalks in the downtown area. The estimated total cost for this work is $500, 000 which includes all of the sidewalk replacement, tree replacement, tree grates and provisions for future new street lighting. The available monies in various budgets associated with this project is $425, 000. (BIDS - ITEM 5A) Meeker Street Sidewalk Rehabilitation. The bid opening on the Meeker Street Sidewalk Rehabilita- tion was held on Monday, March 18. The project is an on-going sidewalk repair program to replace damaged sidewalks in the downtown area. Public Works Director Wickstrom noted that a copy of the bid summary has been distributed to Council, and that the bids were almost $100, 000. 00 below the engineer's estimate. CLARK MOVED that the Meeker Street Sidewalk Rehabilitation contract be awarded to Gary Merlino Construction for the bid amount of $272 , 337 . 00. Bennett seconded and the motion carried. PUBLIC WORKS (BIDS - ITEM 5B) Green River Natural Resources Enhancement Area. Bid opening was held on Thursday, March 14 with 7 bids received. The low base bid, including 8.2% sales tax, was submitted by Kiewitt Pacific in the amount of $8, 574, 850. 00. The Engineer's base estimate, including tax, was $9, 608, 160. 00. The project consists of transforming an abandoned sewage lagoon system into a stormwater treatment and detention facility while incorporating a 300-acre environmental restoration project and development of a large multi-use wildlife refuge. It is the recommendation of the Public Works Director that this project be awarded to Kiewitt Pacific for the base bid amount of $8, 574, 850. 00 7 March 19 , 1996 PUBLIC WORKS plus Additive Alternate B, Perimeter Fencing in the amount of $67 , 084 . 00 thus making the total bid award, including tax, in the amount of $8, 641,934. 00. Public Works Director Wickstrom noted that excel- lent bids were received and that Kiewitt Pacific is a qualified contractor. He also noted that the groundbreaking for this project will be held on March 26th at 4: 00 p.m. for those interested in attending. Clark noted that this project will be a real improvement for the citizens of Kent. CLARK MOVED that the Green River Natural Resources Enhancement Area contract be awarded to Kiewitt Pacific for the total bid amount of $8, 641,934 . 00, inclusive of 8. 2% sales tax. Orr seconded and the motion carried. RECYCLING (CONSENT CALENDAR - ITEM 3N) Seattle King County Health Dept. Agreement & Grant Acceptance. AUTHORIZATION for the Mayor to sign the Memorandum of Understanding with the Seattle-King County Health Department for the Special Collection/Recycling Events, to accept the grant for $14, 088 and to establish a budget for same, as recommended by the Public Works Committee. These special collection/recycling events are held twice yearly and this grant is for a portion of these events. PLANNING (OTHER BUSINESS - ITEM 4D) (ADDED ITEM) Zoning Issue. Pam Newcomer, 839 - 3rd Avenue North, read a letter she had drafted regarding a breach of public trust between the residents of North Park and the City of Kent. She stated that the City did not give adequate notice or time to respond to a proposal to change the zoning of North Park from single-family to commercial or mixed use and that she was not aware of the pro- blem until March 15th. She explained that one small sign was placed at the corner of 3rd North and James at such an angle as to make it almost invisible, and that if a resident did notice the sign they were given 13 days to respond. She expressed that the City has breached her personal public trust by ignoring numerous promises to notify her by mail of any dealings concerning North Park. She explained that there are no postings on 1st, 2nd, 4th, or 5th Avenue North which are all being affected by this ruling, and 8 March 19, 1996 PLANNING that there are many elderly people who are unable to get out and express their views. Newcomer requested that Council restore its public trust by mailing all home owners in said area a copy of the public notice, and extend the time limit response by 30 days. Planning Director Harris noted that the Growth Management Act allows annual amendments to the Comprehensive Plan, and that six applications were received to modify the Comprehensive Plan designation at James and 4th Avenue, along the north side of James Street, changing it from residential to mixed use commercial. He ex- plained that SEPA is the first step in this process with the checklist and potential deter- mination advertised in the newspaper, posted, and an affidavit of posting signed by him, which the City has already done. He further explained that a declaration of nonsignificance will be issued, followed by public hearings before the Land Use Hearing Board, and then a recommendation from the Board will be submitted to the City Council. Harris reiterated that the City is only at the very beginning of a 3-step process. Upon Mayor White' s question, Harris noted that the date Ms. Newcomer gave is for taking comments from the public for 15 days and then at the end of that time the City may modify the SEPA Check- list. Harris explained that if Ms. Newcomer wants an extension on the time for SEPA, she needs to address a letter to him. Upon May or White's question, Harris noted that a copy or the letter she read tonight would be sufficient. Harris noted for Orr that only conditional use permits, rezones or substantial development permits are posted with the big notice board but that SEPA is not. Harris explained that the SEPA process is a calling out of the environmental aspects and that the big board will go up before the public hearings on the Comprehensive Plan. Upon Orr' s questions, Harris explained that the major street is 4th and James which would be the logical place to put the notice, that the place- ment of the notice is a judgment call but could be posted elsewhere, and that when the public hearing is set a notice is mailed to everyone within 300 ft according to the address that is found in the King County Assessor's files. 9 March 19, 1996 PLANNING Harris further explained that there could be one or several public hearings held depending upon the complexity of the issue, but that he wasn't sure when this public hearing will be scheduled or whether the hearing would be held before the Land Use Hearing Board or the interim board. Upon Epperly' s question, Harris noted that just one property is involved in this SEPA process not all of North Park, and that this request has been before the Planning Department previously. Mayor White requested Ms. Newcomer to give a copy of her letter to Mr. Harris so that he can work with her on an extension. LAND USE & (OTHER BUSINESS - ITEM 4A) PLANNING BOARD Land Use and Planning Board ordinance. An ordinance has been prepared which would create a new Land Use and Planning Board. The City Council held a public hearing on this matter on February 20, 1996. The Planning Committee considered approval of this item at 4 : 00 o'clock today. City Attorney Lubovich noted that a change in the ordinance was made at the Planning Committee meeting today. He explained that on page 3 under Section 2 . 30. 070 (A) it should read: "The planning department shall be responsible for preparing and updating the comprehensive plan, and preparing amendments to the zoning code, the subdivision code and any other related codes or ordinances. He noted that the change is a clarification that the planning department does not amend the zoning code, but that they prepare amendments for Council action to change the zoning code. ORR MOVED to adopt Ordinance No. 3286 creating a new Land Use and Planning Board, as amended. Bennett seconded. Orr noted that the Planning Committee recommended this item unanimously this afternoon. She also noted that the ordinance will take effect in 30 days, if passed, and that at the end of the 30 days new members will be appointed to the board so anyone interested is welcome to apply. Lubovich clarified that the transition from the current board to the new board will take effect after the new board is organized and establishes by-laws for its operation, and that there will be 10 March 19, 1996 LAND USE & a transition phase for the new board before they PLANNING BOARD take over the functions. The motion then carried. Mayor White asked that anyone who is interested in serving on this board to please drop a note to the Mayor's office expressing their interest in serving. He explained that he does not anticipate appointing anyone who has previously served, but will appoint a brand new board, unless there is a shortage of applicants. ADA (CONSENT CALENDAR - ITEM 3H) Metro Agreement - Bus Stops (ADA) . AUTHORIZATION for the Mayor to sign an agreement with Metro and direction to staff to accept the grant of $26, 000 and establish a budget for same, as recommended by the Public Works Committee and upon the City Attorney's concurrence with the language. The purpose of this agreement is to make ADA (American with Disabilities Act) Bus-Zone im- provements at a number of locations throughout Kent. PLATS (CONSENT CALENDAR - ITEM 3D) Mack Preliminary Plat #SU-95-2. AUTHORIZATION to set April 2, 1996, as the date for a public meeting to consider the Hearing Examiner's recom- mendation of approval with conditions for a preliminary plat application by Baima & Holmberg, Inc. The property is located at 11047 SE 264th Street in Kent. (CONSENT CALENDAR - ITEM 3E) Benson Highlands Preliminary Plat SU-95-10. AUTHORIZATION to set April 2 , 1996, as the date for a public meeting to consider the Hearing Examiner's recommendation of approval with con- ditions for a preliminary plat application by Baima & Holmberg, Inc. The property is located at 11208 SE 244th Street in Kent. ZONING CODE (CONSENT CALENDAR - ITEM 3C) AMENDMENT Hazardous Substance Land Use Facilities Setbacks - Zoning Code Amendment ZCA-96-2 . ADOPTION of Ordinance No. 3285 changing setbacks for hazardous substance land use facilities and adding new language to indicate that for purposes of this section the term "public recreation areas" does not include public trails. 11 March 19, 1996 ZONING CODE The City Attorney noted that the wrong section AMENDMENT number is shown in the agenda packet, that the correct section number is 15. 08. 050 (D) (9) (b) (3) , and that the corrected ordinance pages have been provided to the City Clerk. SEPA (PUBLIC HEARINGS - ITEM 2B) Amendments to Rent City Code Chapter 11.03 - Environmental Poiicy (sEPA) . This date has been set to consider amendments to the Kent City Code, Chapter 11. 03 , Environmental Policy (SEPA) , relating to the incorporation of various City planning policies into the City's SEPA policies, as outlined in the staff memo and ordinance. The Planning Committee has recommended adoption of the amendments to Chapter 11. 03 . Mayor White opened the public hearing. There were no comments from the audience. ORR MOVED to close the public hearing. Johnson seconded and the motion carried. ORR MOVED to adopt Ordinance No. 3282 amending Kent City Code Chapter 11. 03 , Environmental Policy (SEPA) , relating to the incorporation of various City planning policies into the City' s SEPA policies, as outlined in the staff memo and recommended by the Planning Committee. GROWTH (PUBLIC HEARINGS - ITEM 2D) MANAGEMENT Growth Management Act Concurrence Ordinance. This date has been set for the Public Hearing on the GMA Concurrency Ordinance, as authorized by Council. This Ordinance addresses concurrency management associated with the transportation system as mandated by the Growth Management Act. Wickstrom explained that the concurrency ordi- nance is a mandate out of the Growth Management Act with nothing new added but is a follow through of the Comprehensive Plan that Council approved with a transportation element in it. He noted that when new development permits come in certification is required stating that the City has the capacity to serve them, and then the application can be submitted. He explained that the ordinance also requires that once the City is out of capacity, the applicant would either have to mitigate their impact on the system, reduce their development, or the City wouldn't be able to issue a development permit. Wickstrom stated that the concurrency ordinance affects all 12 March 19, 1996 GROWTH development with the exception of single-family MANAGEMENT houses on legally platted lots, developments that will generate ten or less trips, low-income housing types of uses, day care facilities for children as defined in the Kent Zoning Code, and privately operated, but not-for-profit, social service facilities. He noted that the ordinance establishes a mobile management zone with 22 different zones as shown in the Comprehensive Plan when the transportation element was adopted by Council, and it establishes service levels which are the same as approved in the Compre- hensive Plan. Wickstrom explained that there is a change in the ordinance which clears up doubt as to when this is required as part of the applications. City Attorney Lubovich clarified for Council that on page it of the ordinance under section 12 . 11. 030 (B) the language should read, "this chapter applies to all land use development applications as defined in section 12 . 11. 020 which deals with building permits, etc. , includ- ing but not limited to the following types of development activities. " He explained that it applies to building permit applications as well as the limited uses that are listed. He noted that the change is for clarification of the language to make it more encompassing rather than limited. Upon Orr' s question, Wickstrom explained that the ordinance allows the Council to approve a rezone, but that when the development actually occurs concurrency would still have to be met. He clarified for Orr that no building activity could take place until all the requirements of the con- currency ordinance are met. It was the consensus of the Council to accept the amendments to the ordinance as presented. The Mayor opened the public hearing. There were no comments from the audience. HOUSER MOVED to close the public hearing. Orr seconded and the motion carried. CLARK MOVED to adopt GMA Concurrency Ordinance No. 3284 . Epperly seconded and the motion carried. 13 March 19, 1996 ECONOMIC (OTHER BUSINESS - ITEM 4B) DEVELOPMENT Ring County Economic Enterprises Corporation/NRG Barriers Pacific, Inc. NRG Barriers Pacific, Inc. has applied to the King County Economic Enterprises Corporation for issuance of tax- exempt non-recourse revenue bonds for equipping of facilities in Kent. RCW 39.84 requires the City in whose planning jurisdiction the project is to be located to approve the issuance of the bonds by the Enterprise Corporation for such project. This approval is limited to issuance of the bonds and does not constitute approval of any development permit for the project. City Attorney Lubovich explained that the Robbins Company Facility is being renovated for this facility and is not a new plant. Mayor White explained that NRG Barriers Pacific, Inc. , manufactures roofing materials, and that they have a tremendous amount of contracts with schools. He also explained that this item is a time-sensitive one where the company needs to be under production and get material out to the contractors in time to roof several existing schools this year. CLARK MOVED for adoption of Resolution No. 1464 relating to the issuance of bonds by the King County Economic Enterprise Corporation to NRG Barrier Pacific, Inc. Orr seconded and the motion carried. INTERNATIONAL (CONSENT CALENDAR - ITEM 3F) TRADE International Trade/Foreign Relations. ADOPTION of Resolution P. 1462 relating to international trade and foreign relations programs entered into by the City. This resolution will require all international trade or foreign relations programs entered into by the City which incur financial obligations that have not been specifically approved, budgeted, and appropriated, to first be approved by the City Council. COUNCIL (CONSENT CALENDAR - ITEM 30) (ADDED BY COUNCIL PRESIDENT) Excused Absence. APPROVAL of an excused absence from the March 19, 1996 Council meeting for Councilmember Woods, who is unable to attend. 14 March 19, 1996 TERM LIMITS (PUBLIC HEARINGS - ITEM 2C) mayor and Councilmember Term Limits. A public hearing to receive input on an ordinance relating to establishing term limits for the Mayor and City Council Members was opened on March 5, 1996, and continued to this date. Mayor White declared the public hearing reopened. There were no comments from the audience. HOUSER MOVED to close the public hearing. Orr seconded and the motion carried. JOHNSON MOVED to adopt Ordinance No. 3283 esta- blishing term limits for the Mayor and City Council. Bennett seconded. Mayor White passed the gavel to Council President Houser and then expressed that he feels the finest term limits situation is available in the United States which is called an election. Councilmember Clark noted that he teaches govern- ment, and that one of the problems is trying to blend problems at all levels of government and treat them as a whole. He noted, for example, that if the legislators in Washington, D.C. are not appropriately doing their duty then they become the "enemy of the conscientious taxpayer, " which translates into State Government, and shows up at the local government level. He noted that the election process is about people selecting leadership to solve the problems in their com- munities. Clark explained that the number of seats avail- able in the U.S. House of Representatives is 435 which was established in 1911 by Federal ordi- nance when the population in America was only 80, 000, 000 people, but that today's population is 260, 000, 000 people with the same representation. He further explained that it' s a tougher fight for local representatives being able to raise the money for a higher position which results in a significant anger particularly aimed at the Federal level and the power of incumbency. He noted that in 1994 , however, the will of the people came through and dramatically changed the makeup of the Congress of the United States, and has continued at a significant level since the election of 1994 . 15 March 19, 1996 TERM LIMITS Clark noted that a problem occurs when you put in term limits for a citizen legislature that is part-time, who gains experience and then is forced out because of term limits, making the entire process dependent upon staff. He stated that law is then made not by the elected leader- ship but rather by staff. He expressed that term limits are inappropriate on a local level because it is a non-partisan race, strictly local, and does not fit the mold of what is trying to be accomplished. Mayor White noted that he is very proud to work with this Council even though they don't always agree but have learned to disagree on occasion without being disagreeable. He noted that the City Council has served the City well through the years and will continue. Mayor White explained that the term limits decision does not do any- thing to or for this Council, but it could tie the hands of future Councils. Upon a roll call vote, Bennett, Epperly, Houser, Johnson, and Orr voted aye, with Clark opposed. Motion carried. PARKS (CONSENT CALENDAR - ITEM 3L) Discovery Trust Fund. AUTHORIZATION to accept and change the budget for the Department of Social and Health Services, Region 4 DDD Discovery Trust Fund in the amount of $15, 000 to pursue Special Populations projects. On January 30, 1996, the Department of Social and Health Services approved a $15, 000 grant from the Region 4 DDD Discovery Trust Fund for the Special Populations Division of the Parks Department to pursue projects for 1996. FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Bills. APPROVAL of payment of the bills received through February 29 and paid on February 29, 1996 after auditing by the Operations Committee on March 6, 1996. Approval of checks issued for vouchers: Date Check Numbers Amount 2/29/96 165609-166048 $1, 761,499. 00 16 March 19, 1996 FINANCE Approval of checks issued for payroll for February 16 through February 29 and paid on March 5, 1996: Date Check Numbers Amount 3/9/96 Checks 209796-210113 $ 250,454. 12 Advices 32279-32717 553 . 053.78 $ 803 , 507 . 90 REPORTS operations committee. Councilmember Johnson noted that the Operations Committee meeting which was scheduled for tomorrow afternoon at 4: 30 p.m. has been cancelled. EXECUTIVE At 8: 10 p.m. , McFall reminded the Council of an SESSION executive session of approximately 15 minutes to discuss property acquisition. The meeting reconvened at 8 : 38 p.m. ADJOURNMENT The meeting adjourned at 8 : 39 p.m. Z�' y��ZG1 �r-- Donna Swaw Deputy City Clerk 17