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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 09/02/1997 Kent, Washington September 21 1997 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, Orr and Woods, Operations Director/Chief of Staff McFall, City Attorney Lubovich, Fire Chief Angelo, Public Works Director Wickstrom, Parks Director Hodgson, and Finance Director Miller. Approximately 50 people were at the meeting. PUBLIC Employee of the Month. Mayor White announced COMMUNICATIONS that Kari Endicott of the Employee Services Department is the Employee of the Month for September. He noted that Ms. Endicott helps employees with benefit issues, and was instru- mental in the automation of employee benefit packages. Her supervisor stated that Ms. Endicott is an inspiration, and is very deserving of this award. America Goes Back To School/Get Involved Week. The Mayor read a proclamation encouraging families and the community to get involved in learning and to make a commitment to support education improvement, and declared the first week of September 1997 as "America Goes Back To School/Get Involved Week" in the City of Kent. The proclamation was accepted by Dr. Jim Hager, Kent Superintendent of Schools, who thanked the City for its cooperation with the school district on various projects. CONSENT HOUSER MOVED that Consent Calendar Items A CALENDAR through J be approved. Bennett seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 3A) A_nuroval of Minutes. APPROVAL of the minutes of the regular Council meeting of August 19, 1997. HEALTH & (CONSENT CALENDAR - ITEM 3J) SANITATION City Movina. ACCEPTANCE of the Bill of Sale submitted by City Moving for continuous operation and maintenance of 426 feet of watermain improve- ments, 515 feet of street improvements associated with the development, and release of bonds after the expiration period, as recommended by the Public Works Director. The project is located in the vicinity of 80th Avenue South and South 206th St. 1 Kent City Council Minutes September 21 1997 SEWERS (BIDS - ITEM 5A) 108th Avenue SE Sanitary Sewer Extension The bid opening for this project was held on August 27th with three bids received. The low bid was submitted by VLS Construction, Inc. in the amount of $85, 120. 68 . The Engineer's estimate was $87, 256.30. This project consists of constructing a sanitary sewer extension along 108th Avenue SE for City properties. The Public Works Director recommends that the contract be awarded to VLS Construction, Inc. CLARK MOVED that the 108th Avenue SE Sanitary Sewer Extension contract be awarded to VLS Construction for the bid amount of $85, 120. 68. Woods seconded and the motion carried. PUBLIC WORKS (OTHER BUSINESS - ITEM 4D) Puget sound Energy Underground Conversion Agreement - Authorisation South 228th Street is being improved as a requirement of the Lakes Development. This improvement includes convert- ing Puget Sound Energy's overhead distribution power system to an underground system. To do so requires execution of an agreement with Puget Sound Energy. The developer (Polygon) , there- fore, is paying all costs and has given the City the money. The Public Works Director recommends that the Mayor be authorized to sign the Conversion Agreement with Puget Sound Energy and establish a budget for same. Wickstrom explained that the project cannot begin until the contract is signed. CLARK MOVED that the Mayor be authorized to sign the Puget Sound Energy Conversion Agreement and establish a budget for the same. Woods seconded and the motion carried. ANNEXATION (CONSENT CALENDAR - ITEM 3C) ZONING Meridian Valley AnnexatiO Zoning AZ-97-i. SET September 16, 1997, and October 21, 1997, as public hearing dates to consider the initial zoning for the Meridian Valley annexation area. 2 Kent City Council Minutes September 2, 1997 ANNEXATION Frank Wiemes, 13426 SE 240th, said he is in favor ZONING of Plan No. 1 regarding zoning. Orr reiterated that public hearings will be held on this issue on September 16 and October 21, 1997, at 7: 00 p.m. , in the Council Chambers, and invited him to attend one or both of those meetings. REZONE (CONSENT CALENDAR - ITEM 3D) Granville-Southern Rezone RZ-97-1. ADOPTION of Ordinance No. 3359 related to the Granville- Southern Rezone. The City Council approved the rezone on August 19, 1997. This property is approximately 18. 93 acres in size, and the ordinance rezones the property from SR-1, Single-Family Residential, maximum allowable density of i unit per acre, to SR-3, Single- Family Residential, maximum allowable density 3 . 63 units per acre. The property is located at 20450 92nd Avenue S. PLATS (OTHER BUSINESS - ITEM 4B) Lana Preliminary Plat SU-96-25. This date has been set to consider the Hearing Examiners recommendation for approval of an application by Lang Construction & Associates for a 37-lot single-family residential preliminary subdivision No. SU-96-25. The plat is 8. 2 acres in size and is located at 10104 and 10116 SE 248th. ORR MOVED to accept the Findings of the Hearing Examiner, and to adopt the Hearing Examiner's recommendation of approval of Lang Preliminary Plat. Houser seconded and the motion carried. (OTHER BUSINESS - ITEM 4C) Bayberry Crest Subdivision SU-96-3. This date has been set to consider the Hearing Examiner's recommendation for approval of an application by Projects Northwest for a 46-lot single-family residential preliminary subdivision. The plat is 9. 56 acres in size and is located at 13003 and 12923 S. E. 256th. Planning Manager Satterstrom pointed out the area on a map and said there is a proposed road into the plat giving access to the 46 lots, which connects with 129th in an existing plat called Rainier View Estates. He noted that the matter went before the Hearing Examiner in May, and that there was testimony by the public on a number of 3 Kent City Council Minutes September 2, 1997 PLATS issues, primarily drainage and traffic. He noted that a Request for Reconsideration was filed on the grounds of drainage and the Hearing Examiner ultimately rejected the reconsideration. He reiterated that the Hearing Examiner' s recom- mendation is to approve the plat subject to the conditions shown in the Hearing Examiner's Findings and Conclusions. ORR MOVED to accept the Findings and Recommenda- tions of the Hearing Examiner for approval of the Bayberry Crest Preliminary Plat except as follows: 1) A review of the record indicates that concerns were raised over the extension of 129th Avenue SE into Rainier View Estates; 2) The record, including the conditions set forth in the Mitigated Determination of Non Significance, do not substantiate a need for the extension of 129th Avenue SE as a through street and therefore the Hearing Examiner' s recommendation on this issue is not supported by the findings; 3) As indicated in the record, safety concerns have been raised by the adjoining property owners regarding increased traffic with respect to extension of 129th Avenue SE; 4) That the recommendations of the Hearing Examiner for approval of the Bayberry Crest Preliminary Plat be accepted and approved except for the requirement of the extension of 129th Avenue SE as a through street into Rainier View Estates and the plat be modified accordingly. Woods seconded. The City Attorney clarified that the hearing on this issue was held before the Hearing Examiner and closed, and that under State law there cannot be more than one hearing. He said that any additional testimony taken today would not be part of the official record, and that any modifi- cation to the Hearing Examiner' s recommendation would have to be based solely on the record before the Hearing Examiner. Upon Houser's 4 Kent City Council Minutes September 2, 1997 PLATS question, Lubovich noted that the motion as presented is to approve the Hearing Examiner's recommendation except for that portion of the plat which has a road extension of 129th Avenue SE into Rainier View Estates, so that extension would not be included. Satterstrom showed that area on a map and noted that the road that gives access to the plat would connect in with 129th to the south, which already serves the Rainier View Estates plat, and would create a cul de sac and not allow through traffic into Rainier View Estates. He added that the Council would then adopt the final plat later. Orr stated that she was contacted some time ago by Mr. and Mrs. Hren who asked about the process and what the Council's role would be. She said she had suggested to them that they follow the process through the Hearing Examiner process and that it would eventually come to Council. She said that she was unaware at the time that that may not be the best way to provide additional testimony, but said she had suggested that they provide information to the Hearing Examiner, which they did. Orr said she has also had con- tact with one of the representatives of the property owner who was curious as to the process and timing. She said upon review of the record, she had concerns about the drainage and the opening of the street. She said she feels the drainage has been adequately addressed, but that she did not find anything in the record to support the opening of the street. She noted that there was considerable testimony from the neighborhood regarding the intrusion of addi- tional traffic and the safety issues involved with opening the street. She noted that additional information has been received since that time, but that it does not change anything in the original record, and that her motion is based on the original record. Upon a question from Sue Addison, 25842 129th Place SE, as to whether they are referring to 129th Place or 129th Avenue, Wickstrom stated that the intent is clear. Orr added that the location has been pointed out on the map. Orr's motion then carried. 5 Kent City Council Minutes September 2, 1997 PLATS ORR THEN MOVED to make all of the letters received on this issue a part of the City Council public record. Houser seconded and the motion carried. Beverly Riedler, 13110 258th Street, displayed a map and voiced concern about the water flow from the east side of the proposed development. She said the run off water will contain pesticides and herbicides, and showed photos of the area. She said that the Hearing Examiner did not take the studies from Exhibit 18 into adequate con- sideration and asked that the Council modify it. She said she feels that all the ways that water can be drained have not been addressed. She added that her neighbor Pat Barquist is concerned about drainage during construction. ZONING CODE (CONSENT CALENDAR - ITEM 3E) AMENDMENTS General Conditional Uses. ADOPTION of Ordinance No. 3360 relating to Zoning Code Amendment ZCA-97-5 to amend Section 15. 08 . 030, General Conditional Uses, authorizing private schools to locate in all zoning districts by general con- ditional use permits. (OTHER BUSINESS - ITEM 4A) CM-1 District Regulations ZCA-97-2. This pro- posed Zoning Code Amendment was originally presented to the City Council on May 6, 1997 . However, by request of the proponent to expand the scope of the amendment, it was remanded back to the Land Use and Planning Board. The Board reconsidered the revised request at its meeting of July 28, 1997, and voted to recommend that trucking terminals be permitted in the CM-1 zoning district by conditional use permit. ORR MOVED to approve the Kent Zoning Code Amendment ZCA-97-21 as recommended by the Land Use and Planning Board, and to direct the City Attorney to prepare the necessary ordinance. Johnson seconded and the motion carried. COMMUNITY (CONSENT CALENDAR - ITEM 3F) DEVELOPMENT 1998 CDBG Program. SET September 16, 1997, as BLOCK GRANT the date for the public hearing to consider the PROGRAM 1998 Community Development Block Grant Program (CDBG) . 6 Kent City Council Minutes September 2, 1997 DIVERSITY (OTHER BUSINESS - ITEM 4E) (ADDED BY ARTHUR HARVEY) Diversity. Arthur Harvey, 16619 SE 251st Street, President of the Kent Citizens Association, noted that a representative had been selected for the Diversity Task Force. He asked the status of the process and whether there will be progress reports. He said he hopes the issue of diversity does not become campaign rhetoric, but rather becomes reality. He requested that diversity become a part of the regular agenda, and that it be outlined so that the public knows what the expectations are. Steve Mansanarez, 10804 SE 241st Place, said that he is concerned that there are no black police officers or firefighters. Mayor White explained that the task force will take up this type of issue. Mansanarez said it is necessary to have an inclusive population in the community, and that something should be done to help the community grow stronger. Jason Hong, 6704 S. 239th Place, said he is a member of the Kent Citizens Association and is active in the Korean community in Kent. He said that leaders have been insensitive to the needs and desires of the city, and complimented the Mayor on the formation of the diversity task force. He said the goal of the task force is to advise the City on how to correct problems of employment practice, contract awarding and affirmative action policies. He voiced concern about the growing amount of crime, and said he fears that local government has been focusing on annexing surrounding communities and has over- looked the issue of safety. He said attention should be focused on economic development and the needs of citizens. Rev. Donovan Rivers asked that the issue of diversity be considered as a life saving issue. He said people need to work together toward diversity. POLICE (CONSENT CALENDAR - ITEM 3G) Law Enforcement Education Partnership Program Grant. ACCEPTANCE of the Law Enforcement Education Partnership Program (LEEP) grant in the amount of $29, 355. This is Year Two funding and 7 Kent City Council Minutes September 2, 1997 POLICE will be used primarily for 10 hours of staff time as well as to provide materials, professional services and teacher stipends for youth con- ference participants. (CONSENT CALENDAR - ITEM 3H) Washington Traffic Safety Commission Grant. ACCEPTANCE of the Washington Safety Commission Grant in the amount of $28, 012 for the City of Kent Drinking Driver Task Force to use during the 7/1/97 through 6/30/98 funding period. This represents a 15-year highway safety partnership between Kent and the State of Washington. Program areas will include: Occupant Protec- tion (safety belts) , Impaired Driving, Community Traffic Safety (youth and adult) , and Bike/ Pedestrian/Motorcycle Safety. (CONSENT CALENDAR - ITEM 3I) Police Department Transfer of Fundse APPROVAL to transfer $7,000 from the Criminal Justice Fund project for range repair and maintenance (N25) to the Miscellaneous Capital Project for range bullet trap installation (M85) . The range repair and maintenance project cur- rently has a balance of $8, 119 under project N25-211-2210. Use of some of these funds to help cover the total costs for the bullet trap funded in M85-211-2210 is anticipated. FINANCE (CONSENT CALENDAR - ITEM 3B) AAproval of Bills. APPROVAL of payment of the bills received through August 15 and paid on August 15 after auditing by the Operations Committee on August 19, 1997 . Approval of checks issued for vouchers: Date Check Numbers Amount 8/15/97 188034-188338 $ 760,815.26 8/15/97 188339-188702 1, 935,479.85 $2 , 696,295. 11 Approval of checks issued for payroll for August 1 through August 15 and paid on August 20, 1997: Date Check Numbers Amount 8/20/97 Checks 221861-222199 $ 266, 342 . 35 8/20/97 Advices 48847-49340 677 ,506.49 $ 943,848 .84 8 Kent City Council Minutes September 2, 1997 REPORTS Council President. Houser reminded Council- members of the Suburban Cities meeting to be held on September 17, and asked them to contact Ms. Banister. Houser reminded citizens of the Open House from noon to 3 : 00 p.m. on Saturday, September 20th, at City Hall. Houser announced that a decision on the golf course will be made at the October 7th meeting. Operations Committee. Orr noted for Johnson that the Operations Committee today approved an ordinance amending the gambling tax collection ordinance. Public Works. Clark noted that the Committee will meet at 3 : 30 p.m. on September 3rd. Planning Committee. Orr noted that the Committee will meet at 4 : 00 p.m. on September 16th. Administrative Reports. McFall noted that there have been very recent developments in the EMS levy and asked Chief Angelo to explain. (EMS Levy) Fire Chief Angelo explained that the King County Council has until September 17 to put the EMS levy issue on the ballot, and if it does not go on the ballot, the advanced life support system ceases to exist. He noted that in July the Kent City Council approved a resolution authorizing the County to put on the ballot a levy rate of 29 cents per thousand dollars of assessed valua- tion for the voters to consider. He noted that cooperation between the fire services and emergency medical services is important. He explained the studies which have been done and the costs involved. Angelo stated that today the County Council asked whether five cities would go into emergency session to reconsider their resolutions and put a two-part piece of legislation on the ballot in place of the original proposal. He noted that the County had originally recommended 29 cents, and that the first part of the new legislation would be to approve 25 cents per thousand dollars of assessed valuation, and then if so desired, 9 Kent City Council Minutes September 2 , 1997 (EMS Levy) the community would be asked to increase it by 4 cents. He said he would be hard pressed to ° recommend what they are suggesting. He pointed out that the two-part approach could result in a 25 cent levy, a 29 cent levy, or neither. He said that a 25 cent levy would result in cuts in the level of service. He recommended trying to continue the current level of service and encouraged Council to consider the importance of the 29 cent levy, noting it costs 27.3 cents at this time to run the system. He suggested that another alternative would be to pass an even higher levy so that the City could go into the ALS business. Mayor White noted that the Council has gone on record as supporting a 29 cent levy. McFall clarified that the issue is whether King County can put the issue on the ballot at a different level. Angelo said that unless all five agencies concur with the amount and concur with this change, there will not be a levy on the ballot. Mayor White voiced resentment that the King County Council would play politics with emergency medical services. BENNETT MOVED to have the City Council place the King County EMS Levy Renewal on the November 1997 ballot with the levy rate of 29 cents per thousand dollars of assessed valuation. Johnson seconded. Bennett said he fears the two-level approach would result in confusion. Angelo stated if the City did it's own levy, it would be much more than 29 cents. He noted for Orr that it is possible that this would not appear on the ballot, in which case he would recommend an emergency meeting to put a measure on the ballot for this community. He said the best approach is to make this levy stay together. Woods said she is committed to the 29 cents levy, and voiced concern about the time frame. She suggested inserting "up to 29 cents" into the motion. Angelo said that that may allow com- promise. Upon the Mayor' s question, Angelo 10 Kent City Council Minutes September 21 1997 (EMS Levy) explained the delay and why this has come down to the last moment, emphasizing that there has been no delay on the city's part. It was noted that September 17 is the deadline to place an issue on the ballot. McFall clarified that while there is time to place an issue on the ballot, it may be difficult to do research and provide documentation before then. He said the biggest concern would be the lead time required to get ready to provide advanced life support services by January 1. Epperly encouraged staying at 29 cents. Orr agreed, but voiced concern that King County would use that to eliminate something so important to the community. Woods said all cities have had problems working with the County. Bennett said that in order for any of the communities to survive, regionalization is necessary. BENNETT THEN RESTATED HIS MOTION that the Kent City Council approve King County placing the EMS levy renewal on the 1997 ballot with a levy rate of 29 cents per thousand dollars of assessed valuation. Epperly seconded and the motion carried. Upon Orr's question, Chief Angelo agreed to pro- vide the names of the Councilmembers who voted for and against the split levy. CLARK MOVED that Council direct Administration to write the King County Council on behalf of all elected officials of Kent, who are saddened and upset that the EMS issue has been handled in this described fashion and seek a more rational and timely treatment of a matter of this type of joint cooperation when citizens' safety is at risk. Woods seconded and the motion carried. ADJOURNMENT The meeting adjourned at 8: 20 p.m. Brenda Jac e , CMC City Cler 11