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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 1 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 2 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 3 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, 4 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 5 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 6 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 7 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. 8 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. 9 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 10 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 11 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 12