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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 12/09/1997 Kent, Washington December 9, 1997 Regular meeting of the Kent City Council was called to order at 7: 00 p.m. by Mayor White. Present: Councilmembers Clark, Epperly, Houser, Johnson, Orr and Woods, Operations Director/ Chief of Staff McFall, City Attorney Lubovich, Fire Chief Angelo, Police Chief Crawford, Public Works Director Wickstrom, Planning Director Harris, Parks Director Hodgson, Finance Director Miller, and Employee Services Director Viseth. Councilmember Bennett was excused from the meeting. Approximately 85 people were in attendance. PUBLIC councilmember Johnson Mayor White noted that COMMUNICATIONS Jon Johnson has served the City of Kent for 20 years as a respected member of the Kent City Council, and that he has been a quiet but powerful force behind many issues and projects which have benefited the City. He declared December 13 , 1997, as Councilmember Jon Johnson Day in the City of Kent and invited all Kent citizens to join him in expressing thanks and appreciation to Johnson for his many years of service and his valuable contributions to Kent and its residents. The Mayor then presented Johnson with an etched glass plaque. Councilmember Johnson said Kent is a good city to work for and raise a family in. He thanked his family for their support, and he thanked the current and past Mayors and Councilmembers. Johnson also commended staff who have served over the years. He expressed pride in the City and encouraged all citizens to get involved in public service. councilmember Houser. Mayor White noted that Councilmember Christi Houser has served as a member of the Kent City Council for the past 12 years, and that she has been involved with many major issues including recycling, Student Court and the Drinking Driver Task Force. He declared December 12, 1997, as Councilmember Christi Houser Day in the City of Kent and invited all Kent citizens to join him in saying a sincere Thank You to Ms. Houser for her many contribu- tions to the City and its residents. He then presented her with an etched glass plaque. Councilmember Houser noted that the Council is committed to doing the best for the City and thanked them and the citizens of Kent. 1 Kent City Council Minutes December 9, 1997 PUBLIC Smnlovee of the Month. Mayor White announced COMMUNICATIONS that Jan Cutting, Graphics Specialist in the Information Services Department, has been selected as Employee of the Month for December. He noted that Ms. Cutting is the core production person in her group and that she has accomplished tasks that added to or improved the Department, such as learning the Cable TV programming process and PageMaker's indexing feature. He then pre- sented her with the Employee of the Month plaque. Dea Drake, Ms. Cutting's supervisor, said it is a privilege to work with her, and that this honor is very well deserved. Introduction of Mayor's Appointees. Mayor White introduced the following appointees/reappointees: Economic Development Corp. Ron Banister Human Services Commission Brad Bell, Steve Anderson Land Use and Planning Board Jon Johnson Drinking Driver Task Force Mike Buckingham Bicycle Advisory Board Donna Gregory, Steve Nuss CONSENT HOUSER MOVED that Consent Calendar Items A CALENDAR through GG be approved. Woods seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 3A) Approval of Minutes. APPROVAL of the minutes of the regular Council meeting of November 18, 1997, and approval of a correction to the minutes of the regular Council meeting of November 4, 1997, as follows: Item 3B. Approval of Bills from: Check Numbers 50891-51412 to: Check Numbers 50890-51412 WATER (CONSENT CALENDAR - ITEM 3U) Kent springs Customer Removal water Mains ACCEPT the Kent Springs Customer Removal project as complete and release retainage to Kar-Vel Construction, Inc. upon standard releases from the State, and release of any liens, as recom- mended by the Public Works Director. The original contract amount was $353, 841.28. The final project costs was $334, 601.86. 2 Kent City Council Minutes December 9, 1997 WATER The project consisted of 3, 174 LF of 8" and 1,618 LF of 12" water main, 1, 122 LF of 1" water service line for 30 services, 7 fire hydrants and various related appurtenances. (CONSENT CALENDAR - ITEM 3V) Kent Springs Customer Removal hater Mains. AUTHORIZATION for the Public Works Department to establish a Charge in Lieu of Assessment for the total amount of $261,829.47 distributed to the affected properties as calculated, as recommended by the Public Works Committee. SEWERS (CONSENT CALENDAR - ITEM 3C) LID 349, B.S. 223rd Street Sanitary Severs. ADOPTION of Resolution No. 1501 setting the hear- ing date for January 6, 1998, to establish the formation of LID 349, SE 223rd Street Sanitary Sewers, as recommended by the Public Works Committee. PUBLIC WORKS (CONSENT CALENDAR - ITEM 3T) Sale of Surplus Vehicles. DECLARE certain Equipment Rental vehicles no longer needed by the City as surplus and authorize the sale thereof at the next auction, as recommended by the Public Works Committee. (BIDS - ITEM 5B) Green River Nursery Kodular Classroom/Office/ Workroom. The bid opening for this project was held on November 25, 1997, with three bids received. The low bid was submitted by 21st Century Builders LLC in the amount of $84,768 .82 . The Engineer's estimate was $97, 696.56. The Public Works Director recommends award to 21st Century Builders LLC. JOHNSON MOVED that the Green River Nursery Modular Classroom/Office/ Workroom Structure contract be awarded to 21st Century Builders LLC in the bid amount of $84,768.82 . Woods seconded and the motion carried. RAILROAD (CONSENT CALENDAR - ITEM 3EE) FRANCHISE Union Pacific Railroad Spur Track Franchise. ADOPTION of Ordinance No. 3380 relating to the Union Pacific Railroad Spur Track Franchise. The Union Pacific Railroad Company is currently operating a spur crossing across S. 196th Street 3 Kent City Council Minutes December 9, 1997 RAILROAD west of the Boeing Defense property. Originally, FRANCHISE Union Pacific Railroad obtained a franchise to operate this spur in our right-of-way. However, that franchise has expired by its own terms and Union Pacific Railroad has not yet obtained a new franchise from the City. This ordinance con- stitutes an offer of a new franchise with the City. STREET (CONSENT CALENDAR - ITEM 3M) VACATION S. lesth and Both S Street Vacation. ADOPTION of Resolution No. 1502 setting January 20, 1998, as the public hearing date for the South 188th and 80th South Street Vacation, as recommended by Public Works Committee. TRANSPORTATION (CONSENT CALENDAR - ITEM 3J) Pacific Hi ghyay South State Development Proposal. CONCURRENCE with the State' s Accident Reduction Proposal on Pacific Highway South of constructing a median down the center thereof from Kent-Des Moines Road (SR 516) to South 272nd Street with appropriately spaced Left Turn/U-Turn pockets as concurred with by the Public Works Department, as recommended by the Public Works Committee. ANNEXATION (CONSENT CALENDAR - ITEM 3D) ZONING net Mar Annexation Area Initial Zon1nC and Comprehensive Plan Amendments (AZ-97-2 and CPA-97-2) . ADOPTION of Ordinance No. 3372 relat- ing to zoning and Ordinance No. 3373 relating to comprehensive plan amendments for the Del Mar Annexation. The City Council held public hearings on October 7 and November 18, 1997. REZONES (CONSENT CALENDAR - ITEM 3E) Rtonebrook Suites Rezone RZ-97-3. ADOPTION of Ordinance No. 3374 rezoning approximately 4. 6 acres related to the Stonebrook Suites Rezone. The City Council approved this rezone on November 18, 1997. The property is located at the northwest corner of S. 182nd Street and 72nd Avenue S. (CONSENT CALENDAR - ITEM 3F) Old NAPA Store Rezone RZ-97-2. ADOPTION of Ordinance No. 3375 rezoning approximately 13, 632 square feet of property relating to the Old NAPA 4 Kent City Council Minutes December 9, 1997 REZONES Store Rezone. The City Council approved this Zoning Code Amendment on November 18, 1997. The property is located at 24728 36th Avenue South (Military Road) . ZONING CODE (CONSENT CALENDAR - ITEM 3G) AMENDMENTS CK-2 Sonina District Regulations ZCA-97-6. ADOPTION of Ordinance No. 3376 amending the zoning code relating to the CM-2 Zoning District. The City Council approved this Zoning Code Amendment on November 18, 1997. (CONSENT CALENDAR - ITEM 3H) Office (0) Zoning District Regulations ZCA-97-7. ADOPTION of Ordinance No 3377 amending the zoning code relating to Office(0) Zoning District Regulations. The City Council approved this Zoning Code Amendment on November 18, 1997. (CONSENT CALENDAR - ITEM 3FF) Planned Unit Development Zoning Code Amendment #ZCA-97-3. ADOPTION of Ordinance No. 3381 relating to amendments to the Planned Unit Development regulations in the Kent City Code, as recommended by City Council Planning Committee on November 18, 1997 . On August 19, 1997 , the City Council held a public meeting on this item to consider the recommendation of the Land Use & Planning Board's recommendation, and it was sent to the Planning Committee for further review. The revisions to the Land Use and Planning Board's recommendation are outlined in the August 19, 1997 memo to the City Council. (OTHER BUSINESS - ITEM 4F) Water Treatment Facility ZCA-97-8. The Land Use and Planning Board has recommended amending Kent Zoning Code Section 15. 02. 178, modifying the definition of "hazardous substance land use facility" and the types of uses identified as general conditional uses in Section 15. 08. 030(B) (1) . The Land Use and Planning Board held a public hearing on this matter on November 24, 1997 . ORR MOVED to approve the Kent Zoning Code Amendment ZCA-97-8 as recommended by the Land Use and Planning Board, and to direct the City Attorney to prepare the necessary ordinance. Woods seconded and the motion carried. (Councilmember Epperly was out of the room and did not vote. ) 5 Kent City Council Minutes December 91 1997 ZONING CODE (OTHER BUSINESS - ITEM 4G) AMENDMENTS churches in 1L 2 Soninc District 3CA-97-9• The Land Use and Planning Board has recommended amending the Kent Zoning Code Section 15. 08. 020, allowing churches in the M-2 zoning district. The Land Use and Planning Board held a public hearing on this matter on November 24, 1997. ORR MOVED to approve the Kent Zoning Code Amendment ZCA-97-9 as recommended by the Land Use and Planning Board, and to direct the City Attorney to prepare the necessary ordinance. Houser seconded and the motion carried. (Councilmember Epperly was out of the room and did not vote. ) PLATS (CONSENT CALENDAR - ITEM 3R) Chsrrvaood Final Piat FSII-95-9. SET January 61 1997, as the date for a public meeting to con- sider a final plat application by Barghausen Consulting Engineers, Inc. for the Cherrywood Final Plat. The subject subdivision is 4.73 acres in size and is located at 26235 114th Avenue SE. The City Council approved the Cherrywood preliminary plat on June 18, 1996. (CONSENT CALENDAR - ITEM 3S) Glenn Kara Rs Plat Final Plat FSII-96-13. SET January 61 1997 , as the date for a public meet- ing to consider a final plat application by Barghausen Consulting Engineers, Inc. for the Glenn Kara Re-Plat Final Plat. The subdivision is nine (9) acres in size and is located at 9840 S. 222nd Street. The City Council approved the Glenn Kara re-plat preliminary plat on July 2, 1996. (OTHER BUSINESS - ITEM 4E) raerly StOAeQate g�gand Crossinc F8II 9618 (Fo Knolls) Final Plat. This date has been set to consider the Highland Crossing Final Plat appli- cation by Centex Homes. The 80-lot single family residential final plat is located between 116th Avenue S.E. and 120th Avenue S.E. , and south of S.E. 240th Street, and is 10.25 acres in size. The preliminary plat was approved by the King County Hearing Examiner and upon annexation to the City, the preliminary plat came under Kent' s jurisdiction and was approved by the Kent City Council on June 4 , 1996. 6 Kent City Council Minutes December 9, 1997 PLATS ORR MOVED for final plat approval of the Highland Crossing Final Plat (formerly called Stonegate Knolls) according to the King County File No. L95P0002, as recommended by Staff. Woods seconded and the motion carried. (Councilmember Epperly was out of the room and did not vote. ) CONDITIONAL (OTHER BUSINESS - ITEM 4J) USE APPEAL Matlack Conditional Use ARpeal, This is a closed record appeal hearing of the decision of the Hearing Examiner, approving a conditional use permit in favor of Matlack, Inc. The appeal is brought by Richard J. Brooks. The property is located west of 77th Avenue South at approxi- mately South 202nd Street and is 134. 14 acres in size. The conditional use permit was approved subject to conditions outlined in the Hearing Examiners decision dated July 31, 1997. The Council must decide the appeal after review of the written record and testimony at the hearing. City Attorney Lubovich explained that the rules for appeal are stated in Resolution No. 896, and that the oral argument will be confined to the Hearing Examiners record. He noted that the appellants will have 30 minutes to present their argument but may reserve time for rebuttal. He also noted that the opponents will have 30 minutes to present oral argument. He explained that the Council may ask questions of either party or City staff for additional information, and that the Council reviews the Hearing Examiners decision under the following standards: 1) The decision is based on substantial error; 2) Procedural irregularities materially affecting the prior proceedings; 3) Decision unsupported by material and substantial evidence; 4) Decision is in conflict with the City's Comprehensive Plan (if applicable) ; and 5) Insufficient evidence was presented as to the impact on the surrounding area (if applicable) . Lubovich stated that the action has to be based on substantial evidence, and that the Council has 7 Kent City Council Minutes December 9, 1997 CONDITIONAL 1 of 3 options, after reviewing the record and USE APPEAL listening to the testimony, as follows: 1. Sustain the findings and conclusions of the hearing examiner and affirm the decision; or 2 . Reverse the decision in whole or in part and make bona fide findings as to why the modification(s) ; or 3 . Remand it back to the Hearing Examiner for further information. Lubovich noted that counsel is present for both parties with Mickey Gendler representing Richard Brooks (the appellant) , and Roger Pearce for Burton Brooks and Matlack, Inc. (conditional use permit applicants) . He noted for Mayor White that the appellant goes first and may reserve time for rebuttal. Mickey Gendler, of Bricklin and Gendler, ex- plained that Mr. Brooks is not opposed to the Matlack development but he feels the best course for resolving the issues raised is to remand it back to the Hearing Examiner for further informa- tion. He noted that the land is industrial, and that the Matlack proposal is consistent with the zoning of the land. He further noted that Mr. Brooks property is residential and that the Hearing Examiner referred to it as being out of place which is an unfair characterization because it is possible, in their view, that industrial and residential use can co-exist. Gendler noted that Mr. Brooks wants Matlack to carry out the project properly to protect against the effects of hazardous spills, to provide proper storm water management and drainage, and to protect against flooding. Gendler explained some of the historical perspec- tive concerning this particular property and noted that Mr. Brooks was asked by the Kent City Council approximately 15-20 years ago to place the land in a conservation program called the Current Use Program which was generated by King County. He noted that the City requested this land remain as a wildlife habitat and a wetlands so Mr. Brooks agreed to make application, the City passed a resolution, and King County approved it. He noted that at the end of the Hearing Examiners decision for reconsideration, 8 Kent City Council Minutes December 9, 1997 CONDITIONAL Ted Hunter commended Mr. Brooks for his environ- USE APPEAL mental values but stated that if Mr. Brooks thinks there is a need for wildlife habitat in an industrial area maybe he should go to the City Council for a change to the zoning. Gendler noted that Mr. Hunter' s comments disrespect the history in which the City Council worked with Mr. Brooks to accomplish that very purpose. Gendler explained why Mr. Brooks feels there has been insufficient consideration and evidence about the impacts, and that the substance of issues are: 1) buffer and screening, a visual issue for some more protection of the adjacent property; 2) Drainage and Detention; and 3) Plans for dealing with hazardous spills, if and when they occur. He noted that Mr. Brooks never received notice of the city's Determination of Nonsignificance (DNS) , and that, after it was brought to the Hearing Examiner' s attention, a one page correction was issued by the Hearing Examiner. He noted for Council that Mr. Brooks does not contest the fact that he never received the notice even though he was clearly entitled to it. Gendler explained that the City's SEPA Ordinance states that the parties of record are required to get notice, and it directs that the notice be coordinated with other permanent processes. He noted that Mr. Brooks is a party of record but that he didn't find out about the DNS until notice of the conditional use permit was received, at which time Mr. Brooks promptly made inquiries about the SEPA review but dis- covered that he was too late to appeal. He noted that the DNS contains some detailed technical requirements specific to the drainage and storm water management issues that concern Mr. Brooks, but unfortunately, the DNS didn't resolve the issues or have any significant impacts. He noted that Mr. Brooks didn't get a chance to appeal the DNS or comment, and won't have any role or voice in the review of those plans when the detailed drawings come in because they were just put off beyond the SEPA process. Gendler pointed out that some of the DNS require- ments such as a downstream analysis for 1/4 mile from the site have not been met. He noted that the applicant has submitted a basin plan, storm water calculations, and documents which should 9 Kent City Council Minutes December 9, 1997 CONDITIONAL have contained the downstream analysis but USE APPEAL didn't. He explained that it's important this information be included because no one knows what will happen when storm water is managed if the downstream condition is unknown, or whether it will discharge in the proper quantity and rate of speed or back up. He noted that if it backs up, it will be onto Mr. Brooks' property. He pointed out that condition 5A of the DNS requires the onsite detention ponds to be in accordance with Kent Construction Standards which provides miti- gation for potential storm water impacts, but that the reports in the site plan submitted do not meet the City's standards. He noted that it is critical to have sufficient detention capacity and pointed out that the applicant has calculated a wet pond volume of 14,000 cu. ft. is required but the drawing shows it as 6500 cu. ft. He stressed that 6500 cu. ft. is half of the volume required which leaves them with half the volume unmanaged and unaccounted for under the City's own standards. He noted that the Kent Construction Standards, on Page 5-17, for Valley Development Detention criteria, (Section E) states that the specific requirements of basin plans shall supercede normal criteria, and that one of those basin plans is the State' s Storm- water Management Manual for the Puget Sound Basin which has been incorporated into the Kent Standards. Gendler noted that the City Standards were unavailable to them at the time of the hearing because they were being revised to comply with the State's standards for the Puget Sound Basin but that both are the combined legal requirements. He pointed out that the pond has to have at least one slope surface of a maximum of 6-to-11 six horizontal to one vertical, but that Matlack's drawing shows all the slopes to be 3-to-1 which doesn't provide for the access needed for the servicing of the ponds and which is another violation of the requirements that haven't been met. Gendler noted that the State's plans require a liner to prevent infiltration, overflowing emergency spillway, and a gravity drain so that the pond can be emptied for maintenance or other purposes, and that all these things are simply missing from the reports. He again emphasized that the pond was virtually too small against the applicant's own acknowledgment of 14, 000 cu. ft. that was needed. He noted that 10 Kent City Council Minutes December 9, 1997 CONDITIONAL an artificially high CN or runoff coefficient USE APPEAL was used which measures the ability of the land before it becomes impervious to absorb water. He explained that when the land is impervious it absorbs no water so if it previously absorbed water the lost storage capacity has to be com- pensated. He further noted that if the land is sandy soil, a coefficient of 55 should be used but that Matlack used 81 which brings it much closer to the impervious condition of 98 so less capacity needs to be provided elsewhere to make up for this impervious paved surface. He noted that on July loth all of this was pointed out along with the fact that Mr. Brooks is an engineer but that the Matlack's representatives just attacked Mr. Brooks' credentials to raise the issue. Gendler pointed out that substantial concern was raised in regard to an event happening when it' s raining which would obviously increase the quantity of spilled materials and make it more difficult to manage. He noted that the appli- cants have not demonstrated their ability to control it or clean it up properly. Gendler also noted that one of the Hearing Examiner's condi- tions stipulated that before construction can begin everything in his letter had to be answered but the problem is they get to answer it later and Mr. Brooks doesn't get to see the answer. He further noted that there are no assurances the answer given will be the right one and that Mr. Brooks disagrees with this aspect of the public participation. Gendler agreed with the Hearing Examiner in that if the professionals do their job everybody comes out fine, but if they don't, then there are good reasons to be fearful that the public participation wasn't enough to protect individual rights. He noted that Mr. Brooks is asking for this issue to be re- manded back to the Hearing Examiner to get these questions answered now. He opined that it would be better for Matlack to go ahead and do their plans now in final form so that everybody can see what's going on, be able to determine whether these things really provide proper drainage and storm water management, or if a spill of hazardous materials occurs, that it would be controlled. He reiterated that for these reasons, Mr. Brooks is asking for the matter to 11 Kent City Council Minutes December 9, 1997 CONDITIONAL be remanded, questions answered, and if the USE APPEAL answers are right, let them go ahead with their expansion at that time. There were no questions asked of Mr. Gendler by the Council. Mayor White asked the Clerk to note that Mr. Gendler is reserving the rest of his time for rebuttal. Roger Pearce, of Foster, Pepper and Sheffelman, noted that he represents Matlack, Inc. , the permit applicant. He explained that Mr. Vince Heldt, who is the terminal manager and has been employed by Matlack, Inc. for the last 10 years, is present to answer any questions the Council may have about what's in the record regarding the property, the use and the surroundings. He noted that Mr. Dana Mower, who is the engineer for the project and the applicant, and also the engineer for the drainage district, can read plans and verify for Council that those plans are abso- lutely consistent. He noted that the plans have also been checked by the City, and that the storm water drainage issue is not an issue because this project will help any of the backup problems in the area. He explained that the evidence at the hearing showed a 36" culvert which backs up water onto Mr. Brooks property and the Matlack property when it rains extensively, but that Matlack is installing a 72" culvert to take the grade off of it which stops the branches from plugging it up, and that it will actually cure the drainage and water problems in the area. Pearce noted that the issue tonight is an appeal of the decision of the Kent Hearing Examiner, and that it is important to realize where we are in the process. He noted that this issue is in the conditional use permit stage, with more addi- tional permits required such as a grading permit and final design of all the storm water plans by Public Works. He noted that the Hearing Examiner explicitly recognized this and that Mr. Brooks is not shut out from making comments because he can go down right now and look at the final design of the storm water plan which is a public works plan and comment to Public Works on it. Pearce pointed out that Mr. Gendler has already litigated an identical case to the Supreme Court (Opal vs. Adams County) where the contention was that there wasn't enough detail in the plans. He 12 Kent City Council Minutes December 9, 1997 CONDITIONAL explained that the court noted it was only in the USE APPEAL use permit phase of this proceeding but that later on, at the permit phase, the County will review the more detailed portions of that plan. Pearce noted that the Matlack project has a wealth of detail because the project has taken so long, and that there were some significant environmental issues to resolve doing the project. He explained that a small stream had to be moved, and that a significant amount of work was done to locate the new rail lines on the property. He noted that the Kent Hearing Examiner did an admirable job after the hearing, after evidence from Mr. Brooks and his Counsel, evidence from Mr. Heldt and Mr. Mower, all the records from the city's permitting process, and all the SEPA records were presented. He noted that leaving the record open for 15 days so that Mr. Brooks could comment on the plans, and the decision on reconsideration were very complete, very thorough, as the Hearing Examiner went through all of the City's criteria and approved the conditional use permit. He noted that Council's review of the Hearing Examiner's decision is highly deferential under the substantial evidence and standard review because the Hearing Examiner is the person who is in the best position to judge the evidence and the credibility of the witnesses. He noted that the evidence fully supported the Hearing Examiner's decision. Pearce stated that Mr. Brooks raised three main issues as follows: 1) Storm Water Management Design; 2) Mitigation for glare, lighting from the facility; and 3) Mitigation of noise from the facility. He briefly mentioned the noise and lighting issues. He explained that the relevant facts were discussed in the staff report and that the conditional use permit is to expand an existing facility. He noted that Matlack, Inc. is a bulk rail truck transfer facility, an allowed use in the M-3 zone, which is the most intense industrial zone in the City, and that this property is also designated as industrial in the new City Comprehensive Plan. He explained that the reason the conditional use permit is required is because the facility handles bulk hazardous materials such as hydrogen peroxide. He noted that the proposal does not add any 13 Kent City Council Minutes December 9, 1997 CONDITIONAL buildings, but it adds four rail sitings for USE APPEAL loading and off-loading materials to and from trucks. He noted that the only noise associated with this business is the daily drop of rail cars by Union Pacific, and the movement of trucks arriving and departing the site. He stated that the evidence at the hearing showed noise from the adjacent rail lines is much more intense than the noise from the facility. Pearce noted that there is a Union Pacific Rail line along one side of the property on 77th Street with the Burlington Northern Rail line right along the other side. He pointed out that the existing land uses in the area range from light to heavy industrial facili- ties such as the Seattle Auto Auction, Western Processing, and a Puget Sound Energy Substation that is located in very close proximity to the site. He noted that the only property with a residence is Mr. Brooks' rental house which is on the property to the south of Matlack, Inc. He explained that the rental house is located on the far south edge of the property and is separated by wetlands and a stream relocation to serve as a big buffer for the property. He stated that Mr. Brooks' property is 370, from the furthest south proposed rail line and immediately adjacent to an industrial facility which manufactures compost. He noted that the M-3 zoning allows all these types of facilities, except residences, but that Mr. Brooks' house is a grandfathered use that would not be allowed in this area today. He explained that grandfathered uses and non- conforming uses are disfavored under the City's current zoning code and that the site is served by a watermain and Metro. Pearce explained that in April the City mitigated a Determination of Nonsignificance that was based on a lengthy and complete environmental review report which, in turn, was based on detailed environmental studies including a thorough wetlands and soil study that was submitted to the City by Matlack. He noted that the MDNS con- tained 16 very detailed conditions to mitigate any potential environmental impacts from this proposal including sharing the costs of improving traffic corridors, detailed drainage plans for improvement by Public Works that show the collection, conveyance, treatment, storage and release to a 100-year post development storm 14 Kent City Council Minutes December 9, 1997 CONDITIONAL water condition in compliance with the Kent City USE APPEAL Code Construction Standards. He noted that Matlack is required to construct a storm water treatment system in accordance with the Kent Construction Standards to mitigate potential impacts to storm water quality; that all culverts are required to be upsized from 36" to 72" which is four times in volume; that they are required to execute a declaration of storm water and facilities management covenants prepared by the City; and that they are also required to incor- porate best management practices according to the United States EPA Ecology Emergency Spill/Cleanup Requirements. He explained that there are existing best management practices at the site now as well as an emergency response plan. He noted that Mr. Heldt and Mr. Jackson had testi- fied at the hearing that there has never been a significant spill at the Matlack site. He explained to the council that conditional uses are a flexible zoning tool where actual permitted uses in the zone may need to be conditioned in order to make them more suitable to a particular location. He noted that under Washington Law a local government is required to grant a condi- tional use permit if the impacts are no greater than uses permitted outright in the zone. He noted that the uses allowed in the M-3 zone include plywood manufacturing plants, machine tool manufacturing plants, motor vehicle and aircraft manufacturing plants, and sawmills. He explained that the only reason Matlack needs a conditional use permit is because they are handling hazardous materials. He noted that the primary issue before the Council is whether the proposed expansion of this existing use in the industrial zone is compatible with uses allowed in the zone and with the general surroundings. He also noted that the Hearing Examiner had the opportunity to review that evidence including all the storm drainage reports, the preliminary storm drainage reports in detail, and had a chance to hear and view the witnesses which included Mr. Mower and Mr. Heldt. He noted that unless there is a flaw in the Hearing Examiner' s decision, unless there is a part of it that's not supported by substantial evidence, he would urge the Council to approve it. He noted that the Hearing Examiner determined all the condi- tional use permit criteria are met, and that in 15 Kent City Council Minutes December 9, 1997 CONDITIONAL the Hearing Examiner's conclusions the specific USE APPEAL issues raised by Mr. Brooks and raised again by Council were discussed. He noted that lighting has not really been an issue but that all of the lighting is directly inward, directional lighting, away from the south and away from Mr. Brooks' property. He noted that the Hearing Examiner found that the buffering would mitigate the noise issue and both the State and City regulations control noise. He noted that the Hearing Examiner found no credible evidence there were any odor impacts from the Matlack operation, and that the Hearing Examiner determined that the City and Matlack provided sufficient measures to insure proper storm water drainage. He noted that the backups have been eliminated by over- sizing the pipes or culverts leading out from the Matlack property. He also noted that the Hearing Examiner still imposed additional conditions to create a detailed, storm management plan and updated emergency management procedures. Pearce explained that the notice of the DNS issuance is not appealable to the Council and therefore not before the Council. He noted that on the merits, however, it is going to show that the City did give notice. The City's SEPA notice provisions were followed to the letter. He noted that the City's SEPA Notice provisions are in Section 11.03 .340 which requires posting the property, advertisement in the newspaper, and giving mailed notice to those who are a party of record, who have asked to be given notice on this proposal. He explained that Mr. Brooks was not a party of record in April, or through the SEPA proceeding at all, and did not become a party of record until the conditional use permit proceeding. He noted that there was no legal requirement from mailed notice, and that because Mr. Brooks' property is a rental house, it is not surprising that he was unaware of the signs posted but that the City's sign procedures were followed. Mr. Pearce noted that regarding the issue of storm water mitigation, the testimony that the Hearing Examiner chose to believe was that the proposed use would actually improve the backup of storm water, and that the project will comply with the City's provisions for storm water retention, treatment, and release. He noted that 16 Kent City Council Minutes December 9, 1997 CONDITIONAL the City's Public Works staff agreed that this USE APPEAL will work, that it is a feasible preliminary plan, and that at the use phase of this permit- ting process it is the plan needed. Mr. Pearce noted that Mr. Mower checked the drawings and confirmed that they are consistent. He noted that Mr. Gendler's characterization of the drawings is incorrect, that the drawings are consistent, and that the drawings before the City Public Works Department now are more detailed with the final plan in front of the City ready for review of the final storm water approval and for the grading permit phase of this permitting. He called the Council's attention to the legal matter of opal vs. Adams County in which the Court held that an EIS was adequate for the use permit phase of landfill and permitting, not- withstanding the deferral of additional more detailed studies to the operating phase of that permitting process. He noted that the Hearing Examiner had before him the preliminary storm water management plans of which both the City and the applicant's engineer had testified that they were feasible. He noted that the Hearing Examiner weighed the evidence, decided that these plans were feasible and that the storm water drainage system would work. Pearce noted that there is no credible evidence in the record that there are hazardous waste spills, that there are dangerous spills, or that the spills will not be controlled. He noted that Matlack has a detailed, spill control and response plan in place and that they take this very, very seriously. He noted that it is their business and very costly if accidents happen so they do their absolute best to control it. He noted that the facility has to be lit 24 hours a day because Matlack wants the public and their drivers to be safe, they don't want anything going wrong with the trucks when they go out on the road. Pearce noted that in respect to the coefficient of water runoff, it is the kind of detailed issue that happens at the final planning phase, but that Mr. Brooks stated the soils on the site infiltrated faster than Matlack had calculated them. Pearce explained that it means that Matlack oversized the detention facilities even 17 Kent City Council Minutes December 9, 1997 CONDITIONAL though the City's requirements are to calculate USE APPEAL it as per original conditions. He noted that the Hearing Examiner chose to believe the profes- sional civil engineers' work that was based on the soil logs and the onsite study. Gendler noted that the Opal vs. Adams County case was mentioned twice by Pearce in which he stated that the case stands for the proposition that if you consider something at the use permit stage, the details can be put off until later. He noted that the case actually stands for the proposition that if there is an environmental impact state- ment that studies things at the use permit stage sufficient to make a siting decision and there is going to be a second environmental impact statement, that the public will get a chance to comment on, then some of the other details can be put off for later. He noted that Mr. Brooks didn't even get one impact statement or one chance to comment as is required by the Supreme Court' s decision in the other case. He further noted that the case really demonstrates the difference between an ample public process or one that just cuts out the people most affected. He also clarified that there are two residences right across the street from the Matlack property so Mr. Brooks is not the only one being affected. Gendler pointed out for the Council very specific reasons about things Matlack has not done but are required to do by the DNS, and that Matlack ran away from the evidence. He noted that the record shows the applicant, not Mr. Brooks, stated that the soils were sandy and that is why they wanted a variance. He also noted that Pearce mentioned that sandy soils need more detention capacity to replace something that has a greater capacity to absorb the water coming down with something impervious which is stated wrong. Gendler noted that these kinds of things can be cured by remanding the issue back to the Hearing Examiner. Pearce clarified for the Council that Matlack handles hazardous substances on this site not hazardous waste and that he wanted to get the written record straight. Lubovich pointed out, for the record, that the Council has before them the MDNS that has been issued as well as the 18 Kent City Council Minutes December 9, 1997 CONDITIONAL proof of publication, and he suggested that it be USE APPEAL made a part of this record. ORR MOVED to make the documentation a part of the record. Woods seconded and the motion carried. Upon Orr's question, Matt Jackson from the Planning Department noted that the staff report has a map which is shown as the site plan for a variance dated July 2nd. He explained that there are four proposed rail spurs on the south pro- perty line of the proposed Matlack conditional use permit, and that Mr. Brooks' property is also located to the south. He noted that the channel shown is a relocated stream bed, and that there is a wetland on the southwest corner. He also noted that the Hearing Examiner's condition was to buffer the south property with 10 ft. of landscaping. Upon Orr's question, Jackson noted that the Hearing Examiner recommended the land- scaping with his own research but that the zoning code requires that a type 2-3 landscaping between two uses which are considered incompatible. He noted for the Council that when the City was reviewing the conditional use permit application they were not approving a building permit or issuing a zoning permit for that project so there is additional review that will happen on this project. He explained that grading is the first process and that the start of this process has been put on hold pending the outcome of the meet- ing tonight as well as approval of the variance. Jackson noted that there will also be a building permit required to put in rail spurs at which time the standards and the zoning code will be applied, and that these require additional screening in types, closer spacing than what is shown on the landscape plan. Matt Jackson concurred with Orr that Type 2 landscaping would probably be used. Jackson noted that the wetland and buffer area will be in its natural state, and that the detention facility and the drainage will be in a vegetative area. He noted that the 70 ft. area will not be developed with any permanent surfaces and will remain in its natural vegeta- tion state. He noted that the area that would have a view corridor would have to be mitigated, and that the condition from the Hearing Examiner says the south property line. Upon Orr's question, Jackson noted that the property is approximately 370 ft. across at the southern portion of the land, and that approximately 100 ft. would not be the natural wetlands. 19 Kent City Council Minutes December 9, 1997 CONDITIONAL ORR MOVED to sustain the findings and conclusions USE APPEAL of the Hearing Examiner and affirm the decision. Johnson seconded. Johnson explained that Council reviews the Hearing Examiner's decision based on certain standards, and in those certain standards and the reason he seconded the motion is because he couldn't find that there was a substantial error, procedure irregularities, the Hearing Examiner's decision was unsupportive by material or substantial evidence, that it was in conflict with the City's Comprehensive Plan, or that there was insufficient evidence presented as to the impact of the surrounding area. He noted that all five of those decisions need to be sustained based on the evidence presented at the Hearing Examiner's hearing. He also noted that based on the testimony which was given at both the hearing and the appeal tonight, he had to vote to sustain the Hearing Examiner's decision. There was no further discussion and the motion then carried unanimously. EMS LEVY (OTHER BUSINESS - ITEM 4C) Emergency Medical Services L0vv State law requires authorization by the City of Kent before the King County EMS levy can be placed on the ballot. The proposed resolution authorizes King County to place this question on the February 31 1998, election and further encourages King County to seek alternative funding for EMS in the future, and calls for the creation of the EMS Financial Planning Task Force which shall be charged with developing recommendations for future funding. The proposed levy is not to exceed $0.29/$1, 000 assessed value for a period of three years. McFall explained that the County feels February 3rd is the best opportunity to achieve validation of the measure. He noted that there is a very strong commitment that this is not a levy-supported service but more of a basic service. He said the proposed resolution calls for the creation of a review committee that will have significant representation from cities, so that they will be involved in discussions and recommendations as to future funding. He pointed out that if this passes in February, it will be a tax levy which begins in 1999, and that funding for Kent's share of the program for 1998 will come from reserves. 20 Kent City Council Minutes December 9, 1997 EMS LEVY McFall noted for Orr that there is no guarantee that within the three year time period a proposal will be in place, but that the proposed resolu- tion encourages such. Orr opined that this should be resolved within two years so that a program is in place by the end of the third year. It was noted that Council will be kept aware of the progress being made. Fire Chief Angelo noted that this is a highly valued service and that over 70% of the popula- tion is willing to support it. He stated that Fire service is committed to finding solutions, and upon Orr's suggestion, said that a presenta- tion explaining the levy to citizens could be made at a Council meeting in January. JOHNSON MOVED to approve Resolution No. 1503 authorizing the County-wide ballot proposition for funding of emergency medical services. Woods seconded. She then thanked Chief Angelo and Mr. McFall for their time seeking a solution to this emergency, and said that now is the time for the County to anticipate providing this as a regional service. She added that if this comes back, it may be necessary for the City and other jurisdictions to consider providing their own Medic One program. Johnson's motion then carried. SATURDAY (OTHER BUSINESS - ITEM 4D) MARKET Kent saturdav Market Letter of Acreement, and Public Development Authority. The Kent Saturday Market has presented a proposal that would allow the City to assist the Market to develop the old Dunn Lumber "Barn" site into a new year-round downtown Market. This proposal asks the City to create a statutory Public Development Authority that would receive title to the Barn property. The PDA would receive the property through a note and deed of trust, together with a partial dona- tion from the City. The PDA would then obtain separate financing and grants to redevelop the site. Once completed, the Kent Downtown Partner- ship would lease the property from the PDA, and the leasehold proceeds would be used to payoff existing debts. 21 Kent City Council Minutes December 9, 1997 SATURDAY Linda Johnson of the Kent Downtown Partnership MARKET answered questions from Orr regarding the size of the booths, profits from the bakery, and fees, and noted that there will be a commissary on site as well as health department approved bathrooms. She explained that food such as meat, milk and cheese must come from a commissary or proper kitchen facility, and that a true farmers market needs to have 60% farm-based products and 40% craft-based products. McFall noted for Orr that money the City has invested will be reimbursed by the sale of long term bonds which is programmed into the 1998 debt issuance. He explained that the Public Development Authority would allow the City to transfer title of the property to this PDA which then would lease to the Downtown Partnership. He noted that the total value in property and cash is $600, 000, which the City would not recoup, and that the City would have a structure which has been improved, but for a specific type of use which benefits from a rustic atmosphere. JOHNSON MOVED to authorize the Mayor to enter into the "Memorandum of Understanding between the City of Kent and the Kent Downtown Partnership", and to direct the City Attorney to draft the necessary ordinance to establish a Public Development Authority organized to support the development of a new location for the operation of a full time downtown market in downtown Kent. Woods seconded. Woods pointed out that downtown renovation has been one of the Councils top priorities, and that this project will return great dividends for the downtown area. She stated that this puts the City out on a limb, but that the Council is confident that the Downtown Partnership will meet the challenge. Orr voiced concern about approving this item tonight, stating that she would like more information as to the dollar amounts of the bakery potential, the meat market potential and the produce which would be available year around. She said she is uncomfortable with not having figures as to how much is available for debt service and additional expenses. Clark agreed that there is risk involved, but that many discussions have been held and a commitment has been made to support 22 Kent City Council Minutes December 9, 1997 SATURDAY the Downtown Partnership. ORR MOVED to table MARKET this item until the first meeting in January. Houser seconded. Upon a roll call vote, the motion died for lack of a majority, with Epperly, Houser and Orr in favor and Clark, Johnson and Woods opposed. Johnson's motion to authorize the Mayor to sign a Memorandum of Understanding and to establish a Public Development Authority carried with Clark, Johnson and Woods in favor, Epperly, Houser and Orr opposed, and Mayor White breaking the tie with a vote in favor. PARKS & (CONSENT CALENDAR - ITEM 3N) RECREATION King County Open Mae pond Fund. Clark Lake Wetland. ACCEPTANCE of the balance of $20, 155 remaining in the 1989 King County Open Space Bond Fund and amendment of the Clark Lake Wetland budget. The $20, 155 balance remaining in the 1989 King County Open Space Bond Fund has become available to Kent due to the annexation. As approved by the Parks Committee, staff recommends accepting these funds and amending the Clark Lake Wetland budget. (CONSENT CALENDAR - ITEM 30) Sale of Joan Austin ProvSrty. APPROVAL to sell the Jean Austin property and amend the Playground Equipment budget with the revenue for future renovation, acquisition or development. On November 18, 1997, Council accepted 0.27 acres of land donated by Kent citizen Jean Austin. The property was appraised at $48, 000. As authorized by the Parks Committee, staff recommends selling the property and using the profit to amend the Playground Equipment budget to fund future play- ground renovation, acquisition or development. (CONSENT CALENDAR - ITEM 3P) Park Land AMisition pudcet. ACCEPT $148,000 in interest accrued in the Park Land Acquisition Account and amend the budget for future land acquisition. As authorized by the Parks Committee, staff recommends acceptance of this interest and 23 Kent City Council Minutes December 9, 1997 PARKS & amending the Park Land Acquisition Account budget RECREATION in order to purchase additional land in the future. (CONSENT CALENDAR - ITEM 3Q) Boas Creek Trailhead Quit Claim Dead to King County. APPROVAL of the quit claim deed to King County for the Soos Creek Trailhead property and to forward the documents to Mayor White for signature. The Soos Creek Trailhead parcel was inadvertently included in the annexation of Lake Meridian Park to the City of Kent. As approved by the Parks Committee, King County requests that a quit claim deed be executed to become legal owner of the Soos Creek Trailhead again. GOLF COURSE (OTHER BUSINESS - ITEM 4H) Golf Course Automation Contract. Beginning in September of 1997, representatives from S.S.M.D. , along with City Staff from Parks, Finance, and Information Services departments began a process to select a replacement computer system for the Golf Complex. A written Request for Information was issued followed by a formal Request for Proposals. Software demonstrations were con- ducted both on site and at the business offices of the top two vendors. The selection team unanimously chose National Business Systems, as the preferred vendor for the Golf Complex Cashiering Automation System. Finance Director Miller pointed out information on this item was not ready at the last Operations Committee meeting, but that the process was extensive and that there was a good selection. WOODS MOVED to authorize the Mayor to sign a contract with National Business Systems to provide an automated cashiering system and related equipment, training and support at the City Golf Complex, in an amount not to exceed $38,219. 33, after contract negotiations have been completed and approved by the City Attorney. Johnson seconded and the motion carried. (Councilmember Epperly was out of the room and did not vote. ) 24 Kent City Council Minutes December 9, 1997 GOLF COURSE (OTHER BUSINESS - 4I) givorb•nd Golf Manaament Agrement. The City Council authorized staff to negotiate a contract with S.S.M.D. Enterprises for the management of the Riverbend Golf Complex beginning January 1, 1998. Staff from the City and S.S.M.D. are finalizing the details of a contract for manage- ment of the golf complex. Parks Director Hodgson said that staff from the City and from S.S.M.D. have recently spent a great deal of time on this contract and that the contract is objective rather than subjective. He said it contains language and attachments which specify levels of service and hours of operation. He stated that S.S.M.D. will begin to contract with Nevada Bob's and that they will maintain a minimum level of merchandise as well. Hodgson said that quarterly reports to the City Council are specified in the contract in terms of perfor- mance and revenue expectations. He said he believes this will be a win-win contract, in that the City will be able to cover debt service as well as maintenance and operation, and be able to provide funds for capital improvements. He said they have entered into an agreement that they will mutually develop a new pro shop on the driving range side if revenue expectations are met. He pointed out that responsibility for that construction and the debt of the loan will be on the contractor. McFall commended Mr. Hodgson, the City Attorney, and the representatives from S.S.M.D. for their work in negotiating this contract, and requested, since the contract is not complete, that authori- zation be subject to final review and approval by the City Attorney. WOODS MOVED to authorize the Mayor to finalize and sign a contract with S. S.M.D. Enterprises for the management of the Riverbend Golf Complex beginning January 1, 1998, subject to final review of the City Attorney. Orr seconded and the motion carried. COUNCIL (CONSENT CALENDAR - ITEM 3GG) (ADDED BY COUNCIL PRESIDENT HOUSER) Council Absence. APPROVAL of an excused absence from tonight' s meeting for Councilmember Bennett who is unable to attend. 25 Kent City Council Minutes December 9, 1997 LEGISLATIVE (CONSENT CALENDAR - ITEM 3L) AGENDA 1999 State Lecislative Agenda. ADOPTION of the 1998 State Legislative Agenda as offered at the November 19, 1997 City Council meeting, with minor modifications included in the December 9, 1997 City Council agenda packet. POLICE (CONSENT CALENDAR - ITEM 3K) Local Law Enforcement Block Grant for Doaestic Violence, ACCEPTANCE and approval of disburse- ment of grant funds for domestic violence programs as outlined in the grant application, as recommended by the Public Safety Committee. The City has been informed that the U.S. Department of Justice, Bureau of Justice Assistance (BJA) has approved the City's application for funding under the Local Law Enforcement Block Grants (LLEBG) Program, in the amount of $62,462 . This Grant Award has been designated for enhancement of the City's response to crimes of domestic violence, with portions of the funds going to both the Kent Police Department and the City Attorney's Office. The grant requires a ten percent (10%) matching contribution which is budgeted in the City Attorney's 1998 budget. As one of the conditions of the Grant Award, a public hearing was held on November 18th to solicit public comment on the disbursal of these funds. PERSONAL (OTHER BUSINESS - ITEM 4K) WATERCRAFT Personal watercraft. On May 6, 1997, Council adopted Ordinance No. 3348 regulating the operation of personal watercraft on Lake Meridian. As part of its motion, the Council directed that the regulations contained in the ordinance be reviewed after September 15, 1997. The Public Safety Committee, after having con- sidered the matter, directed that an ordinance be prepared to allow personal watercraft to be operated on Lake Meridian, with the same restric- tions throughout the year as placed on personal watercraft from May 16th through September 15th. The proposed amendment, would allow personal watercraft to operate at speeds in excess of eight miles per hour between the hours of 12 : 00 noon and 6: 00 p.m. on even number days of the calendar throughout the year. 26 Kent City Council Minutes December 91 1997 PERSONAL ORR MOVED to adopt Ordinance No. 3385 relating WATERCRAFT to the operation of personal watercraft on Lake Meridian, as it is presented in the Council packet this evening. Houser seconded. Clark noted that this ordinance was passed out of the Public Safety Committee without a recommenda- tion to the Council and pointed out that the issue has been divisive within the community. He noted that the citizens who live on the lake wanted action and that an ordinance was put into effect this summer which rotated the days jet skis would be used. He said he is at odds with the ordinance which has been brought forward. He explained issues relating to this such as noise, use of the shoreline, and taking advantage of boat wakes. He pointed out that the Growth Management Act was adopted in 1991, which deals with population growth, demands on land and greater urban density. He noted that the Comprehensive Land Use Plan also says there will be greater density. He said that as more and more boats are jammed onto Lake Meridian, there is the risk of less and less civil behavior, which is the issue. He emphasized that peoples rights should be respected. He said that every- one he spoke to in the area agreed that the situation had improved even though it was only a partial restriction. He said the proposed ordinance would cause greater disruption in the neighborhood. Lubovich explained for Houser that jet skis would be able to operate on even-numbered days through- out the calendar year at high speeds only between the hours of noon to 6:00 p.m. He noted that according to Ordinance No. 3348, jet skis could operate at high speeds from noon to 6:00 p.m. in the summer season. Houser questioned the number of tickets issued by Police on the lake and Epperly said that 13 citations were given but it was not identified whether those were jet ski operators. Orr noted that the proposed ordinance says that vessels exceeding speeds of 8 mph shall remain at least 200 feet from the shoreline and 100 feet from other vessels and swimmers. Lubovich confirmed that this applies to all vessels. Woods said she feels the lake is too small for excessive speed and noise, and voiced concern that with this ordinance there will not 27 Kent City Council Minutes December 9, 1997 PERSONAL be a boat patrol on the lake, which increases the WATERCRAFT public safety concern. The motion died for lack of a majority, with Orr, Houser and Epperly in favor and Clark, Johnson and Woods opposed. Woods suggested bringing this issue back to the first meeting in January for resolution. There was no opposition. Mayor White asked the Council to consider, as a compromise, extending the length of time for jet skis from the first of May until the first of October instead of going year around, citing budget impacts of the patrol. APPOINTMENTS (CONSENT CALENDAR - ITEM 3Z) Economic Development Corporation. CONFIRMATION of the Mayor's reappointment of Ron Banister to continue serving as a member of the Kent Economic Development Corporation Board of Directors. Mr. Banister's new term will continue until 12/31/2001. (CONSENT CALENDAR - ITEM 3AA) Human Services Commission CONFIRMATION of the Mayor's reappointment of Brad Bell to continue serving as a member of the Kent Human Services Commission. Mr. Bell' s new term will continue until 1/l/2001. CONFIRMATION of the Mayor's appointment of Steve R. Anderson to serve as the non-voting agency representative to the Commission. Mr. Anderson is the Executive Director of the Children's Therapy Center. He has been an agency provider in Kent for the past 10 years and will bring his valuable experience and expertise to the Commission. Mr. Anderson will replace Mary Lou Becvar, whose term will expire on 1/1/98. Mr. Anderson's appointment will begin January 1, 1998 and continue to January 1, 2000. (CONSENT CALENDAR - ITEM 3BB) Land Use and Planninq Board. CONFIRMATION of the Mayor's appointment of Jon Johnson to serve as a member of the Land Use and Planning Board. Mr. Johnson served as a member of the Kent City Council for 20 years and is familiar with Kent 28 Kent City Council Minutes December 9, 1997 APPOINTMENTS issues and long term planning. He will bring a wealth of experience to the Board and will be a valuable asset. Mr. Johnson will replace Tom Brotherton, who will vacate his position on the Board as he begins his term as a City Councilmember. Mr. Johnson's new term will become effective l/l/98 and continue to 12/31/2000. (CONSENT CALENDAR - ITEM 3CC) Drinking Driver Task Force, CONFIRMATION of the Mayor's reappointment of Mike Buckingham to con- tinue serving as a member of the Kent Drinking Driver Task Force. Mr. Buckingham's new appoint- ment will continue to 1/1/2001. (CONSENT CALENDAR - ITEM 3DD) Xent Bicycle Advisory Board. CONFIRMATION of the Mayor's reappointments of Donna Gregory and Steve Nuss to continue serving as members of the Kent Bicycle Advisory Board. New appointments for Ms. Gregory and Mr. Nuss will continue to 12/31/1999. EMPLOYEE (CONSENT CALENDAR - ITEM 3I) SERVICES Worker Coapsusation Progran Contract. AUTHORIZATION to renew the Worker Compensation Third-Party Administrator Contract with Scott Wetzel Services, Inc. for 1998. MAINTENANCE (BIDS - ITEM 5A) Uniform and Linn Services. On December 2 , 1997, the Operations Committee recommended award of a three-year contract for uniform rental and linen laundry services to Unifirst Corporation in the amount of $52,295.72 . Bids were opened on October 8, 1997 . JOHNSON MOVED to authorize the Mayor to sign a three-year contract with Unifirst Corporation to service the City's laundry requirements. Orr seconded and the motion carried. FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Bills. APPROVAL of payment of the bills received through November 14 and paid on November 14, 1997, after auditing by the Operations Committee on November 18, 1997. 29 Kent City Council Minutes December 9, 1997 FINANCE Anp oval of checks issued for vouchers: Date Check Numbers Amount 10/31/97 192116-192260 $ 505, 747. 56 11/14/97 192261-192626 1,250, 365. 50 $1,756, 113 . 06 ARRroval of checks issued for payroll for November 1 through November 15 and paid on November 20, 1997: Date Check Numbers Amount 11/20/97 Checks 223840-224134 $ 241, 891.91 11/20/97 Advices 51938-52435 713 , 252.16 $ 955, 144.07 (CONSENT CALENDAR - ITEM 3W) Petty Cash - ordinance and Change Fund. ADOPTION of Ordinance No. 3378 increasing the Petty Cash Fund portion of Ordinance No. 3159 from $1, 500 to $1,800, as recommended by the Operations Committee at their December 2, 1997 meeting and as recommended by the Operations Committee at that meeting, authorization to change the Change Fund authorization limit from $15 to $25. (CONSENT CALENDAR - ITEM 3X) Accounts Receivable Write-Offs. AUTHORIZATION to write-off uncollectible accounts receivables for 1997 in the amount of $4, 114.95, as recommended by the Operations Committee at their December 2, 1997 meeting. (CONSENT CALENDAR - ITEM 3Y) 1997 Budget Adiustaent. ADOPTION of Ordinance No. 3379 amending the 1997 Budget for budget adjustments made after July 1, 1997, as recom- mended by the Operations Committee at their December 2, 1997 meeting. This technical housekeeping adjustment totals $9,203,403 and approves a line of credit in an amount not to exceed $200, 000 to cover housing and community development costs at year-end until they are reimbursed by King County. (OTHER BUSINESS - ITEM 4A) 1998 Property Tax Levy. At their December 2, 1997, meeting, the Operations Committee recommended adoption of two ordinances for property tax for 1998: (1) an ordinance 30 Kent city Council Minutes December 9, 1997 FINANCE establishing the tax levy for the General Fund of $15, 190,951.00 and the Debt Service Funds of $1,834,090.00 for 1998, and (2) an ordinance per Referendum 47, stating the public hearing date and the amount of increase over the allowed 1997 taxes levied which is $275, 291 at 1.9 percent. Finance Director Miller noted that since the Operations committee meeting, she received the tax levy amounts from King County. She noted that there is an adjustment of an additional $22, 715 which is included in the ordinance. She said this is a slight decrease in the levy, and pointed out that the 1. 9% levy is one of the lowest. JOHNSON MOVED to approve Ordinance No. 3382 establishing the property tax levy amount of $15, 190, 951.00 for the General Fund and $1,834, 090.00 for the Debt Service Funds for 1998; and to approve Property Tax Ordinance No. 3383 increasing the property tax amount by $275, 291.00 which is 1.9% over the taxes levied the previous year. Woods seconded and the motion carried. (OTHER BUSINESS - ITEM 4B) 1998 Budget. The Operations Committee has recommended adoption of the 1998 Budget. The Budget is the Preliminary Budget document plus the technical correction approved at the November 18, 1997, Operations Committee meeting. The Budget is in balance and includes an 8.6 percent General Fund reserve of $4, 342,346. Finance Director Miller said that after the Operations Committee meeting, they were able to come up with enough money to increase the fund balance back to 10% and that this technical correction is in the amount of $689,329. 00. She confirmed for the Mayor that the reason the reserve is down is in anticipation of the EMS levy. City Attorney Lubovich pointed out that new Exhibits A and B have been distributed to Councilmembers. JOHNSON MOVED to adopt Ordinance No. 3384, including the new exhibits, adopting the Final 1998 Budget. Orr seconded. Orr noted that Council has not yet received crime statistics which were requested previously, and expressed hope that the Council would have the option of 31 Kent City Council Minutes December 9, 1997 FINANCE reviewing the budget in the first quarter and making adjustments if necessary. The Mayor and Miller agreed to that. The motion then carried. REPORTS Public Yorks Committee Clark reported that there will probably not be a meeting the third week in December. Planning Committee. Orr announced that the Committee will not meet until after the first of the year. She wished Councilmembers Johnson and Houser good luck and commended them for their efforts on the Council. Administrative Reports. The Mayor said it has been a pleasure working with Councilmembers Houser and Johnson over the years, thanked them for their contributions, and said he looks forward to working with them in some capacity in the future. EXECUTIVE At 9:40 p.m. , McFall noted that there will be a SESSION brief executive session. The meeting reconvened at 9: 55 p.m. and adjourned. � � 0 Brenda Jacober, CMC City Clerk 32