HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 10/21/1997 Kent, Washington
October 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, Johnson, and Orr, Operations Director/Chief of
Staff McFall, City Attorney Lubovich, Fire Chief Angelo, Police
Chief Crawford, Planning Director Harris, Public Works Director
Wickstrom, Finance Director Miller, Parks Director Hodgson,
Employee Services Director Viseth, and Acting Information
Services Director Mulholland. Councilmembers Houser and Woods
were excused from the meeting. Approximately 120 people were in
attendance.
PUBLIC Mayor's Budget Message Mayor White submitted
COMMUNICATIONS his proposed 1998 budget, and stated that it
contains his ongoing commitment to effective and
efficient management of the City's resources
while insisting on the delivery of high quality
services to the citizens of Kent. He noted that
the City has a strong revenue picture and that
the Council's goal of a 10% strategic reserve in
the General Fund has been achieved one year ahead
of schedule. He recommended staffing increases
which respond to service needs, including six
firefighter positions and five police officers,
and outlined other positions he proposes to add.
The Mayor noted that the 1997 adopted Capital
Plan includes a $6, 000, 000 councilmanic bond
issue to fund automation system upgrade and
telephone system replacement. He discussed park
development projects and positions, and changes
he proposes to make in the Public Works
Department to help manage work loads. He out-
lined some of the transportation and utility
improvements in the coming year and concluded
that the proposed budget responds to the needs of
the city. He acknowledged the efforts of staff
in preparation of the proposed budget, and said
he looks forward to implementing the programs
funded in the budget.
Finance Director Miller noted that the revenue
picture is very conservative and that expendi-
tures top $100, 000, 000, $15, 300, 000 of which is
capital and $45, 000, 000 of which is salaries and
benefits. Miller noted that a public hearing on
the budget and tax levy will be held on November
4th and that staff is available if any additional
meetings are desired. She noted that the budget
is a team effort and thanked everyone for their
cooperation. McFall noted for Orr that funds
for diversity training have been set aside in
anticipation of a recommendation from the Multi
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Kent City Council Minutes October 21, 1997
PUBLIC Cultural Task Force. He added that such training
COMMUNICATIONS has been identified as something the City wants
to accomplish and that city-wide training funds
are also available. Upon Orris question, Miller
agreed to provide her with information on what
the ratio of police officers per thousand popula-
tion will be with the addition of new officers.
Human Services Xonth. Mayor White read a pro-
clamation declaring November, 1997, as Human
Services Month in the City of Kent. He noted
that population growth and the increasing
complexity of pressures that impact individuals
and families continue to present human needs, and
encouraged all citizens to recognize and support
Human Services Month. The proclamation was
presented to Melvin Tate, Chair of the Human
Services Commission, who thanked the Mayor and
Council for their support.
Introduction of Mayor's Appointees. Mayor White
introduced Carol McPherson, Linda Denny, Doug
Gesler, Sherri Ourada, and Joanne Schaut, his
reappointees to the Kent Arts Commission, and
thanked them for continuing to serve.
CONSENT ORR MOVED that Consent Calendar Items A through
CALENDAR P be approved. Bennett seconded and the motion
carried.
MINUTES (CONSENT CALENDAR - ITEM 3A)
AARaroval of Minutes. APPROVAL of the minutes of
the workshop of October 7, 1997, and the regular
Council meeting of October 7, 1997 .
HEALTH & (CONSENT CALENDAR - ITEM 3K)
SANITATION Fairweather sewer Extension. ACCEPTANCE of the
bill of sale for Fairweather Sewer submitted by
Robin Fairweather for continuous operation and
maintenance of 258 feet of sanitary sewer line,
and release of bonds after the expiration period,
as recommended by the Public Works Director. The
project is located at 94th Avenue South and South
228th St.
(CONSENT CALENDAR - ITEM 3L)
Rent Community Health Center. ACCEPTANCE of the
bill of sale for the Kent Community Health Center
submitted by the Community Health Center of King
County for continuous operation and maintenance
of 150 feet of watermain improvements and 6 feet
of sanitary sewer extension, and release of bonds
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Kent City Council Minutes October 21, 1997
HEALTH & after the expiration period, as recommended
SANITATION by the Public Works Director. The project is
located at 403 East Meeker Street.
(CONSENT CALENDAR - ITEM 3M)
Rent North Cor»orate Park East. ACCEPTANCE of
the bill of sale for Kent North Corporate Park
East submitted by Pacific Northwest Group A
for continuous operation and maintenance of
2, 396 feet of watermain improvements, 33 feet of
sanitary sewer extension and 2, 065 feet of street
improvements, and release of bonds after the
expiration period, as recommended by the Public
Works Director. The project is located at
80th Avenue South & 80th Place South.
STREET (CONSENT CALENDAR - ITEM 3D)
VACATION Willis St. Street Vacation. ADOPTION of
Resolution No. 1499 regarding vacation of a
portion of Willis Street and setting a public
hearing date.
The Public Works Department has received a
request for street vacation from Don and Judy
Carswell to vacate a portion of Willis Street.
It has been recommended by the Public Works
Committee that November 18th be set for the
public hearing on the Willis Street vacation.
PUBLIC WORKS (CONSENT CALENDAR - ITEM 3J)
Ada Bus Zone Improvements. ACCEPT the ADA Bus
Zone Improvements project as complete and release
retainage to TF Sahli Construction upon standard
releases from the State, and release of any
liens, as recommended by the Public Works
Director. The original contract amount was
$64,529.50. The final construction cost was
$53, 220. 00.
(CONSENT CALENDAR - ITEM 3N)
Watershed Action Grant. ACCEPT grant funds
and establish a budget for the Watershed
Action Grant, as recommended by the Public Works
Committee. This $2 , 570 grant is designated for
the design and installation of a native plant
arboretum by landscape horticulture class
students in the Kent School District.
(CONSENT CALENDAR - ITEM 30)
Commute Trip Reduction Interlocal Agreement.
APPROVAL of and AUTHORIZATION for the Mayor to
sign the Commute Trip Reduction Interlocal
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Kent City Council Minutes October 21, 1997
PUBLIC WORKS Agreement; for staff to accept the funds, and to
receipt the funds into the existing CTR project
budget, as recommended by the Public Works
Committee.
The City has received from King County the
Commute Trip Reduction (CTR) Interlocal Agreement
which allows the City to receive its share of
state technical assistance funds to be used for
implementing Kent's Commute Trip Reduction Plan
in accordance with the CTR law. The City' s
first-year allocation is $72, 029. 94 .
(BIDS - ITEM 5A)
Guiberson Reservoir seismic Upgrade. The bid
opening for this project was held on October 9th
with 4 bids received. The low bid was submitted
by RDS Construction, Inc. in the amount of
$61, 359. 00. The Engineer' s estimate was
$67, 657 .80.
A recent seismic study of all water facilities
to withstand earthquakes concluded that the
Guiberson Reservoir was vulnerable in this area.
As a result of that study, reinforcement on the
reservoir was done.
The Public Works Director recommends that the
Guiberson Reservoir Seismic Upgrade contract be
awarded to RDS Construction, Inc.
CLARK MOVED that the Guiberson Reservoir Seismic
Upgrade contract be awarded to RDS Construction,
Inc. for the bid amount of $61, 359. 00. Orr
seconded and the motion carried.
ANNEXATION (PUBLIC HEARINGS - ITEM 2A)
ZONING Meridian Valley Annexation Area Initial Zoning
and Comprehensive Plan Amendments AZ-97-1 and
CPA-97-1. This is the second of two required
hearings on the proposed annexation zoning map
amendments and the Comprehensive Plan amendments
for the Meridian Valley Annexation area. The
Land Use and Planning Board held a public hearing
on August 25, 1997, and the City Council held the
first hearing on September 16, 1997 .
Mayor White opened the public hearing. A
resident located at 22815 125th Avenue S.E. ,
spoke in opposition to having apartments in the
area, citing additional traffic, flooding, crime,
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Kent City Council Minutes October 21, 1997
ANNEXATION property values, and schools as concerns. Janet
ZONING Wiesner, 13403 S.E. 243rd Place, spoke about
flooding and said there should be single family
housing and minimum impervious surfaces. Jeff
Potter of Barghausen Engineering, representing
property owner Katherine Gihm, noted that there
are apartments to the north and that her property
is close to the community commercial center. He
requested that MRG zoning be retained. Barbara
Benekas, 13204 S.E. 247th, spoke in favor of
keeping the zoning as it is, and noted that water
is a problem. Steve Pennington, 13412 S.E. 243rd
Place, stated that his property has been flooded
three times and that multi-family development
would make it worse. The owner of a convenience
center located at 132nd and 240th, asked why add
more business and service to that area when the
people want multi-family. Michelle Gross, 12841
S.E. 242nd Court, urged the Council to keep
single family zoning, to create parks and open
spaces, and to keep multi-family housing on the
valley floor. Glen Christenson, 12811 S.E. 243rd
Street, said his family chose this area because
of the school system and their feeling that there
would not be any apartments in the area. He
encouraged the Council to minimize the density
in the area. Peggy Steiner, 24260 133rd Avenue
S.E. , stated that she has lost 31 of property due
to the creek behind her house. She asked that
their lifestyle be maintained by keeping single
family zoning. David Gross, 12841 S.E. 242nd
Court, requested that the zoning maximum be
6.5 units per acre, and noted that imposing some
control may allow the infrastructure and city
services to catch up. Dennis Hogan, 24307
129th Avenue, said that the residents want
single family housing and possibly a small park.
He voiced concern about the impact of growth on
schools, emergency services, and taxes. He asked
the Council to represent them, noting that they
have no obligation to those who do not live here.
Dave Scholzen, 24216 129th S.E. , spoke in support
of single family zoning, 6.5 units per acre,
citing infrastructure problems. Bill Malinski,
13400 S. E. 243rd Place, also spoke in favor of
single family zoning because of the infrastruc-
ture and traffic. Wayne Thuringer, 858 1st
Avenue North, said the City should develop a
comprehensive plan to deal with the concerns
these citizens have voiced. Tom Brotherton,
26805 148th Avenue S.E. , noted that he is a
member of the Land Use and Planning Board and
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Kent City Council Minutes October 21, 1997
ANNEXATION said that he had recommended lowering the
ZONING density to MRD but that if he had known that
the Finkbiener representative would plead for
more apartments, he would have recommended zoning
it single family. He urged the Council to lower
the zoning to single family, 6. 5.
Frank Wiemes, 13426 S.E. 240th, said that new
residents should not dictate to those who have
been there many years, and that the Council
should value the area according to progress.
Bud Hebeler, 24600 140th Avenue S.E. , said that
Barghausen Engineering had designed their culvert
and had assured them the culvert would never see
more than 50% capacity, but that it has been
above that many times. He noted that Kent needs
to be able to attract upscale homes, which would
bring in more taxes and reduce the need for
services. Pam Newcomer, 839 3rd Avenue North,
said that apartments must go somewhere, and
suggested more restrictions on building codes
and apartment management. Fred Anderson,
13462 S.E. 242nd, spoke about surface water
management and water table flow issues. Mark
Clayton, 11850 S.E. 218th Place, voiced concern
about water runoff, especially at 132nd and
240th, and about emergency services getting to
that area when it is flooded. Scott Hytrek,
24224 129th Avenue S.E. , pointed out that many
residents favored annexation to the city because
the county was not concerned about density. He
asked the Council to limit the density to single
family. Norville Broadbent, 13920 S.E. 241st,
asked the Council to consider the opinions that
have been expressed tonight and limit the density
to single family.
Ron Clements, 13405 S.E. 236th Place, also spoke
in favor of single family zoning. E. T. Raymond,
25301 144th S.E. , said multi-family housing would
make flooding worse, and asked what will be done
about the current flooding at 132nd and 240th.
Martin Durkan. Jr. , 330 S.W. 43rd, Renton, repre-
senting the Finkbeiner family and development
company, noted that developers have built homes,
roads, churches, and schools, and that Finkbeiner
Development Company has a vested plat of R6 on
part of the property and would prefer that if the
Council does not want multi-family and cannot
find a way to do owner-occupied condominiums,
that they retain R6 zoning on that and the Mackey
property. He said that there is currently a
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Kent City Council Minutes October 21, 1997
ANNEXATION housing crisis and that it is unfair not to pro-
ZONING vide for those who cannot afford homes. He said
that the Finkbeiner Development Company will do
what the Council recommends, but prefers owner-
occupied condominiums. He said some other land
owner may appeal to the Growth Management Board,
who will base their decision on the record.
Gerald Dulz, 13419 S.E. 240th Street, said their
property was zoned multi-family for 92 units, and
that it was reduced to 89 units last year. He
explained that he would like to build a retire-
ment center for active people and said the
location is ideal. He said if a retirement
center is not possible, they would like to build
high level condominiums there. He asked that
the zoning be Garden Density. Jack Ottini, 14304
S.E. 255th Place, asked for support from the City
Council.
There were no further comments and CLARK MOVED to
close the public hearing. Orr seconded and the
motion carried.
Orr noted that she has received from the Planning
Manager a map entitled Meridian Valley Annexation
Zoning Land Use & Planning Board Recommendation
which contains the recommendation with amendments
or changes made as part of the staff report and
minutes from their meeting. She said the map
shows the existing developed multi-family proper-
ties and the undeveloped multi-family properties
which are currently proposed to be MRD, and
asked if those are the only proposals for new
multi-family in the proposal before Council.
Satterstrom showed the map on the overhead and
noted that the areas highlighted in pink are
developed with some form of multiple family on
them already, and that the blue areas may not be
totally undeveloped, they may be a single family
or have some form of development on them but they
are not developed in multiple family. He said
most of those properties are either undeveloped
or underdeveloped. He clarified that both areas
shown in blue are proposed as MRD, which is a
duplex zoning with a maximum density of about
ten units per acre if developed in all duplexes.
ORR MOVED to modify the Land Use and Planning
Board's recommendation of approval to adopt the
proposed Meridian Valley Annexation Zoning and
Comprehensive Plan Amendments (AZ-97-1 and
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Kent City Council Minutes October 21, 1997
ANNEXATION CPA-97-1) to reflect a change in the two blue
ZONING highlighted areas to SF6, with the other zonings
remaining as recommended in the proposal, and to
direct the City Attorney to prepare the necessary
ordinance or ordinances. Johnson seconded.
Epperly agreed that there must be multi-family
in some location and explained that the Planning
Department has been asked to look into some
type of zoning for owner-occupied condominiums.
Satterstrom said that the Law Department is
reviewing this and Mayor White noted that he
has asked the Law Department to also look into
incentives for building condominiums. Orr voiced
concern about drainage and school overcrowding
and said Kent has the highest percentage of
multi-family in the area. She encouraged
building a senior housing project in the area.
She pointed out that the city does not have a
clustering ordinance, but said that might be an
option for some of the properties which have
serious constraints in the future. She said she
cannot support higher density until there is a
condominium designation. Clark pointed out that
the City has put in sidewalks because developers
did not, and that developers consistently avoided
and attempted to undermine school impact fees
and mitigation factors, and that the Growth
Management Act was passed primarily at the demand
of the suburban areas who were trying to gain
some control over the unmitigated growth and the
fact that no one cared what happened to the
neighborhoods as soon as projects had been built
and left behind.
JOHNSON MOVED to make all documents received
tonight, at the first public hearing and by the
Mayor part of the record. Orr seconded and the
motion carried.
Johnson noted that drainage, traffic, schools and
emergency services are affected by development.
Orr's motion then carried.
PARKS & (CONSENT CALENDAR - ITEM 3G)
RECREATION 1998 City Art Plan Budget and 1998-2002 Five-Year
Art Plan. ACCEPT and APPROVE the 1998 City Art
Plan Budget and the 1998-2002 City Five-Year Art
Plan.
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Kent City Council Minutes October 21, 1997
PARKS & To be in compliance with the general procedures
RECREATION of the City Art Program (Ordinance No. 2552) , the
annual budget for all City Art Program projects,
including the Five-Year Art Plan, necessitates
acceptance by Council each year.
(CONSENT CALENDAR - ITEM 3H)
Russell Road Tot Lot Budget. ACCEPT grant funds
and amend the Playground Safety Equipment budget
for the $48, 601 from the King County Youth Sports
Facility grant to purchase new play equipment for
Russell Road Park, and authorization for the
Mayor to sign the project agreement.
As reported and approved at the Parks Committee
on October 71 1997, City staff applied for and
received a King County Youth Sports Facility
Grant for the Playground Safety Equipment budget
in the amount of $48, 601 to purchase, and with
the help of Kiwanis Club volunteers, install new
play equipment at Russell Road Park.
(CONSENT CALENDAR - ITEM 3I)
Senior Center Parking Lot. ACCEPT the Senior
Center Parking Lot Project as complete, and
release retainage to Walsh Construction, upon
release from the Department of Labor and
Industries.
Walsh Construction was contracted for mobiliza-
tion, earthwork, asphalt, curbing and walks, site
utilities, and landscaping for the Kent Senior
Activity Center Parking lot, in conjunction with
the construction of the new senior assisted
living complex located directly across from the
Senior Center. Final inspection and acceptance
of the project has been executed by City staff.
EMPLOYEE (CONSENT CALENDAR - ITEM 3F)
SERVICES Deferred Compensation Trust Plan. ADOPTION of
Ordinance No. 3365 relating to the Deferred
Compensation Trust Plan. The Small Business Job
Protection Act of 1996 requires implementation of
a Trust and updated Plan agreement and also
allows the City to implement a loan program for
our ICMA 457 Deferred Compensation Program. The
attached documents update the City's ICMA 457
Deferred Compensation Program so that it is
consistent with these new changes in the law.
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Kent City Council Minutes October 21, 1997
APPOINTMENTS (CONSENT CALENDAR - ITEM 3E)
Arts Commission Reappointments. CONFIRMATION of
the Mayor's reappointments of Carol McPherson,
Linda Denny, Doug Gesler, Sherri Ourada, and
Joanne M. Schaut to continue serving as members
of the Kent Arts Commission. Their new appoint-
ments will continue until 10/31/2001.
POLICE (OTHER BUSINESS - ITEM 4A)
(ADDED BY COUNCILMEMBER BENNETT)
Domestic Violence Ordinance City Attorney
Lubovich explained that there is a potential
language flaw in the Penal Code regarding
domestic violence, in that it is unclear as to
whether a no-contact order can be issued when a
person is in custody. He noted that defendants
sometimes maintain contact with victims while in
custody through the mail and by phone. He ex-
plained that he had presented to the Public
Safety Committee today an emergency ordinance to
implement a change clarifying that language, and
that the Committee approved bringing it to
Council tonight. A copy of the ordinance has
been distributed to Councilmembers. He clarified
for Bennett that the ordinance would go into
effect immediately and that a super majority vote
is required.
BENNETT MOVED to adopt Ordinance No. 3366 as an
emergency ordinance providing the Court with the
ability to prohibit a defendant charged with a
crime of domestic violence from having contact
with the victim when the defendant is in custody
and charges are pending. Johnson seconded and
the motion carried unanimously.
(OTHER BUSINESS - ITEM 4B)
(ADDED BY COUNCILMEMBER ORR)
Crime Statistics. Councilmember Orr noted that
an article had recently appeared in the news-
paper regarding a grant application to HUD for
funding for police officers and stating that
violent crime is up in this area. She said that
she brought this up at today's Public Safety
Committee meeting and said that information
Council has received from Police Chief Crawford
states that crime is down. She voiced concern
about the conflicting information and MOVED that
an independent investigation be done regarding
the apparent grant application as well as news-
paper articles and reports from Chief Crawford to
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Kent City Council Minutes October 21, 1997
POLICE find out exactly what the crime rate is. Bennett
seconded.
Johnson noted that statistics can be used in
different ways, such as comparing years or using
the ratio of officers per thousand population to
support particular views. Clark said that the
fact that the population has increased will
distort the numbers, so that total crimes could
be up and per capita crimes could be down and
questioned why there should be a problem with not
simply providing info to staff as usual. Orr
responded that her concern is that the figures
used for the grant application appear to show
that crime is increasing, which it is her
understanding, must be the case, in order to be
eligible for grant funds, but that Council
received reports from the Police Chief which
indicate that crime is decreasing. She
reiterated that she wold like both reports to
be looked at in an objective way to determine
whether crime is up or down.
Upon Johnson' s question, Police Chief Crawford
explained the difference between Part One and
Part Two crimes. Epperly noted that no one is
questioning Chief Crawford's integrity and that
the citizens of Kent deserve accurate statistics.
Orr's motion then carried with Clark opposed.
COUNCIL (CONSENT CALENDAR - ITEM 3P)
(ADDED BY COUNCILMEMBER CLARK)
council Absences. APPROVAL of excused absences
from tonight's meeting for Councilmembers Houser
and Woods, who are unable to attend.
FINANCE (CONSENT CALENDAR - ITEM 3B)
Approval of Bills. APPROVAL of payment of the
bills received through September 30 and paid on
September 30, 1997 , after auditing by the
Operations Committee on October 7, 1997 .
Approval of checks issued for vouchers:
Date Check Numbers Amount
9/16/97 189898-190145 $ 770, 673. 13
9/30/97 190146-190533 1, 531, 885.91
$2, 302,559.04
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Kent City Council Minutes October 21, 1997
FINANCE Approval of checks issued for payroll for
September 16 through September 30, 1997, and
paid on October 3, 1997 :
Date Check Numbers Amount
10/3/97 Checks 222847-223203 $ 264, 560. 35
10/3/97 Advices 50340-50889 701,878.48
$ 966,438.83
BUDGET (CONSENT CALENDAR - ITEM 3C)
1998 Budget and Tax Levy. SET November 4, 1997,
as the date for a public hearing on the 1998
Budget and the Tax Levy for the 1998 Budget.
REPORTS Council President. In Houser's absence,
Johnson noted that Suburban Cities will meet on
November 12th in Federal Way and that there will
be a luncheon at Emerald Downs on November 4th
for the Asia Pacific Trade Exchange. He asked
Councilmembers who are interested in either event
to contact Ms. Banister.
Planing Committee. Orr noted that the next
meeting will be held on November 18 at 3 : 30 p.m.
Public Safety Committee. Bennett noted that the
next meeting will be held on November 18 at
5: 00 p.m.
EXECUTIVE At 9: 10 p.m. , McFall announced an executive
SESSION session of approximately twenty minutes to dis-
cuss pending litigation and property acquisition.
The meeting reconvened at 9: 40 p.m.
Property Acquisition. EPPERLY MOVED to authorize
the purchase of the property known as the Snow
Property, as set forth in the Purchase and Sales
Agreement. Johnson seconded and the motion
carried unanimously.
ADJOURNMENT The meeting adjourned at 9 :42 p.m.
,&" �I t16
Brenda Jacober, CMC
City Clerk
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