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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 02/03/1998 Kent, Washington February 3 , 1998 Regular meeting of the Kent City Council was called to order at 7 : 00 p.m. by Mayor White. Present: Councilmembers Amodt, Brotherton, Clark, Epperly, Orr and Woods, Operations Director/ Chief of Staff McFall, City Attorney Lubovich, Fire Chief Angelo, Police Chief Crawford, Planning Director Harris, Public Works Director Wickstrom, Parks Director Hodgson, Finance Director Miller, and Acting Information Services Director Mulholland. Approximately 25 people were in attendance. PUBLIC Employee of the Month. Mayor White announced COMMUNICATIONS that Kenneth Dehnert of the Parks Maintenance Department has been selected as February Employee of the Month. Parks Director Hodgson congratulated Kenny and noted that he was nominated not only by employees in his own department but also by individuals throughout the entire Parks and Recreation department. He noted that Kenny has provided a real sense of community in the department and that he was chosen because of his resourcefulness. Hodgson pointed out that Kenny is always looking for creative ways to save money so that it can be used for other programs. The Mayor then presented Kenny with the Employee of the Month plaque. Natural Medicine Clinic Update. Merilee Manthey gave a brief update on the Natural Medicine Clinic and presented a video clip from the Today Show. She noted that the video was filmed last October and since that time the new facility has been opened and dedicated. She explained that the research projects will probably be completed by the end of the year and that the Wellness Capital Project continues to receive new profes- sional physicians. Mayor White thanked Ms. Manthey on behalf of the City for all of her work toward this project. He noted that the project has certainly brought positive publicity to the City of Kent. The Mayor also commended the Council for the resolu- tion passed which started this whole project in motion and that it has had positive results. Introduction of Mayor's Appointees. Mayor White introduced Mary Lou Becvar as his appointee to the Drinking Driver Task Force, and Rev. Perry Rock as his appointee to the Human Services Commission. 1 Kent City Council Minutes February 3 , 1998 PUBLIC Washington Survey and Rating Bureau Report. COMMUNICATIONS Fire Chief Angelo noted that the results from the Washington State Rating and Survey Bureau have been received. He explained that the Bureau works with industry to help rate businesses for fire insurance. He noted that the Bureau has 10 ratings and that the City of Kent has been upgraded from a 4 to a 3 category. He explained that the ratings help to recognize the City's improvements in the system in the areas of the fire department, dispatch, public works as it relates to water, and building construction. He noted that buildings with sprinklers do not receive any additional benefit because they receive a credit well ahead of the rating itself, but buildings without sprinklers that have a standard hydrant distribution will receive benefits. He noted that the ratings provide the City with a partial review of the department, not a comprehensive review, but it points out areas that are very important to help maintain the #3 rating for the citizens. Angelo noted that four areas were identified in the report which deal with water flow in the downtown (core) area, and that if the City can draw bigger mains in the street and make some improvements, it will help to hold onto the #3 rating. He noted that Public Works Director Wickstrom has been working on the impoundment area and when the City is able to produce that area it will provide a backup water supply to handle peak flows in the summertime. He noted that records both in Fire Prevention and Fire Training need a 5-year minimum record of the background document. He noted that the last area mentioned in the report was staffing and, in particular, the East Hill Engine which has not been fully staffed but the City is working through those efforts. Angelo thanked the Mayor, City Council and Fire Commissioners of District 37 for allowing the Fire Department to reduce the risks to the community, help the citizens and taxpayers reduce the cost of their insurance and save taxpayers money. He noted that the insurance rate will be based on such things as the type of occupancy and tasks operating inside, the experience with insurance, and what the insurance company is encountering as impacts on fires throughout the country as well as subregionally. 2 Kent City Council Minutes February 3, 1998 PUBLIC Legislative Update. Government Affairs Manager COMMUNICATIONS Laurent provided the Council with a Legislative Update and noted that Friday is the first cutoff for all bills to be out of committee and the house of origin. She noted that bills with a fiscal impact have three days longer to get out of their committees which should dramatically cut back the 10-page list of bills currently being tracked that have some impact on local govern- ment. She explained that HB2514 had many people concerned about how to address watershed manage- ment but that the bill has been pulled out of hearings and will not be considered at all. She noted that the Governor' s plan for salmon restoration is all that's left and that the City has just received a copy of the plan. She noted that the city is reviewing the impacts of the plan on local government water operations. Laurent noted that SB6515 regarding the use of rights-of-way by telecommunications companies would remove the City' s authority to manage those rights-of-way by eliminating their authority to coordinate location and timing of the use of the right-of-way. She explained that this bill would destroy key provisions to the city's management of the rights-of-way, balancing the interest, making sure that construction impacts are mini- mized, and making sure that funds are used in the most efficient and resourceful way. She noted that there is much support for telecommunications companies and that its likely some type of bill will move out of committee. Laurent concurred with Clark that this bill would require cities to pay for relocation and undergrounding, fund the telecommunications infrastructure, and pass the burden onto local governments as an unfunded mandate. Letter from Councilman Bennett. (ADDED BY COUNCIL PRESIDENT ORR) Orr noted that she received a resignation letter today from Councilman Bennett and then she read it into the record. Mayor White noted that it is stunning when a colleague's health is such as Mr. Bennett's and he noted that it is sad to lose him. Clark com- mended Councilman Bennett and noted that he was very selective in the issues he chose to defend but was always very passionate about those things. 3 Kent City Council Minutes February 3 , 1998 PUBLIC State of the City Address. Mayor White delivered COMMUNICATIONS his State of the City Address reporting on the city's accomplishments, goals and challenges. He pointed out that the city' s financial position is the strongest ever and that the goal of 10% strategic reserves in the General Fund has been reached. He noted that the City of Kent is one of the few cities to have balanced the budget within the constraints of Referendum 47 which limited the property tax collections to only 1. 9% growth. Mayor White outlined some of the accomplish- ments which include the doubling of the city's population due to several major annexations, the commencing of construction on two major east/west corridor projects, acquiring new park properties for future development, the establishment of strong working relationships with the city' s labor unions, and the completion of the Downtown Strategic Plan which is nearing final adoption by the Council. The Mayor noted that challenges to be faced this year include making an investment in technology by upgrading the city' s computer networks, hard- ware, software and telephone systems; addressing the operational issue of implementing performance audits for each department; voter approval of bonds to fund park and playfield development; support for initial design on the 228th corridor project; freight mobility issues and grade separation of rail crossings; addressing the important issue of sufficient water for the future; issuance of permits for construction of the impoundment project to provide water storage; enhancing training efforts in management and diversity to include the Multicultural Task Force recommendations; and continued emphasis on public safety. CONSENT ORR MOVED that Consent Calendar Items A through CALENDAR J, with the exception of D, 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 January 20, 1998 . 4 Kent City Council Minutes February 3, 1998 SEWERS (CONSENT CALENDAR - ITEM 3C) LID 350, Big "K" Sanitary Sewers. ADOPTION of Resolution No. 1504 setting the hearing date for March 3 , 1998 , to establish the formation of LID 350, Big K Sanitary Sewers - 124th Ave SE & SE 270th St. , as recommended by the Public Works Committee. PERSONAL (OTHER BUSINESS - ITEM 4B) 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. This matter was deferred from the December 9, 1997 Council CORRECTED • REFER TO meeting. MINUTES OF 3 3 ^ 8 Epperly noted that this issue has been very emotional over the last year and that she is going to support this ordinance. Clark noted that several hearings have been con- ducted, but the city currently has an ordinance in place that has brought peace to Lake Meridian in terms of the community and he suggested that the proposed ordinance fail. Brotherton noted that in 1996, at the request of over 100 petitioners who live near Lake Meridian and after many public hearings, the Council adopted an ordinance to regulate the operation of personal watercraft on the Lake. He noted that the pleas of the citizens were that the Lake was unsafe, they were being driven out, they could no longer enjoy their backyards, and they couldn't go outside because the situation was intolerable and unacceptable. He reiterated that the current ordinance has been very successful and many of 5 Kent City Council Minutes February 3 , 1998 PERSONAL the residents have expressed that the situation WATERCRAFT is safer, acceptable, the Lake is quieter, and personal watercraft users still get to use their watercraft on the even-numbered days throughout the summer. He noted that for the last few months Council has heard from a very small group of personal watercraft users who would like to extend the time for high-speed operation on the Lake. He also noted that the personal watercraft ordinance is an example of government listening to its citizens and enacting laws to protect them. He noted that the current ordinance must not be weakened until another way is found to protect the citizens and he urged the Council to reject the ordinance before them tonight. The motion to adopt Ordinance No. 3385 failed with Orr and Epperly voting in favor; and Amodt, Brotherton, Clark, and Woods voting against it. STREETS (CONSENT CALENDAR - ITEM 3D) (REMOVED BY COUNCIL PRESIDENT ORR) S. 196th Street Corridor - West Leg. ADOPTION of Ordinance No. 3389 authorizing condemnation by eminent domain proceedings on the property along a portion of S. 196th Street Corridor, between the Corridor's western terminus at its intersec- tion with Orillia Road and the intersection with West Valley Highway, should negotiations fail, as recommended by the Public Works Committee. City Attorney Lubovich noted that there is one technical change to this item. He noted that on Page 3 , Section 8 of the current ordinance it states that it shall be in force five days after publication of the attached summary which is hereby approved. He explained that there is not an attached summary so he requested that the language be removed and replaced with "be in force five (5) days after passage, approval and publication as provided by law. " ORR MOVED to approve Ordinance No. 3389 as amended by City Attorney Roger Lubovich. Woods seconded and the motion carried. STREET (OTHER BUSINESS - ITEM 4C) VACATION S. 188th Street Vacation STV-97-3. A public hearing was held on January 20, 1998, to consider an application to vacate a portion of the South 6 Kent City Council Minutes February 3, 1998 STREET 188th Street right-of-way located between 80th VACATION Place South and 80th Avenue South. This street vacation was continued to February 3 , under Other Business, to give the applicant time to contact adjacent property owners. ORR MOVED to continue this item for two weeks at the applicant's request for additional time to solve this issue. Epperly seconded and the motion carried. PLATS (CONSENT CALENDAR - ITEM 3I) Allenbach IV Preliminary Plat SU-96-31 SET February 17, 1998, as the date for a public meeting to consider a preliminary plat appli- cation by Baseline Engineering, Inc. for Allenbach IV. (CONSENT CALENDAR - ITEM 3J) Pacific Heights Preliminary Plat SU-96-22 SET February 17, 1998, as the date for a public meeting to consider a preliminary plat appli- cation by Joe Singh for Pacific Heights. (OTHER BUSINESS - ITEM 4D) Meridian West Preliminary Plat This date has been set to consider the Hearing Examiner's recommendation of approval of a modification to a condition for the Meridian West Subdivision. This plat is 4 .86 acres in size and is located on the west side of 132nd Avenue SE, north of SE 266th Street (26405 132nd Avenue SE) . CLARK MOVED to accept the findings of the Hearing Examiner, and to adopt the Hearing Examiner' s recommendation of approval of the modified con- dition. Orr seconded and the motion carried. (OTHER BUSINESS - ITEM 4E) Benson Highlands Final Plat FSU-95-10 This is an application for the Benson Highlands Final Plat FSU-95-10. The subject subdivision contains 13 lots on 3 . 79 acres and is located at 11208 SE 244th Street. Planning Manager Satterstrom explained that the applicant is requesting the City Council to defer this item for 30 days and come back to Council on March 3rd. He noted that the applicant hoped to have his bonding for certain plat improvements 7 Kent City Council Minutes February 3 , 1998 PLATS finished by tonight and that perhaps two weeks would not be enough time so he is asking for a month. CLARK MOVED to continue the Benson Highlands Final Plat for 30 days, until March 3 , 1998. Woods seconded and the motion carried. COMPREHENSIVE (OTHER BUSINESS - ITEM 4A) PLAN 1997 Comprehensive Plan Amendments 8 Zoning Map AMENDMENTS Changes. Adoption of an ordinance relating to 1997 Comprehensive Plan Amendments CPA-97-3 (A) , CPA-97-3 (B) , CPA-97-3 (F) , CPA-97-3 (H) , and adoption of an ordinance relating to Zoning Map Changes CPZ-97-1, CPZ-97-2 , and CPZ-97-6. These ordinances would amend the comprehensive plan' s land use map designations and the zoning map designations of parcels of property more speci- fically identified in the ordinances, as well as amend the Capital Facilities Element of the Comprehensive Plan. At the request of the applicant, items CPA-97-3 (E) and CPZ-97-5 relating to property located at 11605 Kent-Kangley Road, have been removed from these ordinances and will be submitted to the Council at a later date following fulfillment of a condition to rezone set forth in the Land Use and Planning Board recommendations approved by the Council on January 20, 1998 . City Attorney Lubovich noted that there are changes to both of the ordinances regarding the effective dates. He noted that one of the applicants had requested that the effective date be changed to earlier than 30 days. He noted that under the law zoning changes are not subject to referendum so instead of the 30 day effective period, the city can and typically would have drafted the ordinances for a five day effective period after publication. He suggested that Section 4 of the Comprehensive Plan Ordinance and Section 5 of the Zoning Amendment Ordinance be changed to a five-day effective date rather than a 30-day effective date. CLARK MOVED for adoption of Ordinance No. 3390 relating to 1997 Comprehensive Plan Amendments CPA-97-3 (A) , CPA-97-3 (B) , CPA-97-3 (F) , 8 Kent City Council Minutes February 3 , 1998 COMPREHENSIVE CPA-97-3 (H) and adoption of Ordinance No. 3391 PLAN relating to Zoning Map changes CPZ-97-1, AMENDMENTS CPZ-97-2, and CPZ-97-6, as amended relating to the five days effective date as mentioned. Orr seconded and the motion carried. PUBLIC WORKS (CONSENT CALENDAR - ITEM 3G) Mill Creek Drainage Improvement at Bowen Scarff. ACCEPT as complete the Mill Creek Drainage Improvements @ Bowen Scarff project and release of retainage to R. L. Alia Company upon standard releases from the State, and release of any liens, as recommended by the Public Works Director. The original contract amount was $415, 264 . 68. The final construction cost was $405, 352 . 11. TRAFFIC (CONSENT CALENDAR - ITEM 3H) CONTROL 42nd & Reith Road Signal. ACCEPT as complete the 42nd Ave. & Reith Road Signal Remodel project and release of retainage to The IV, Company upon standard releases from the State, and release of any liens, as recommended by the Public Works Director. The original contract amount was $20, 610. 00. The final construction cost was $20, 610. 00. (OTHER BUSINESS - ITEM 4G) (ADDED ITEM) Star Lake Park-N-Ride. Lisa Ullman, an attorney with Karr Tuttle Campbell Law Firm, noted that she has commuted by Metro bus for the last seven years. She explained that the Star Lake Park-N- Ride lot has been vastly overcrowded in the last six months and spills over onto the street. She noted that she has parked on the street several times over the last seven years but does not ever remember seeing a no-parking sign there until now. She expressed that the Kent Police are preying on those people who are parking on the street. Ullman noted that she has two children she leaves in daycare and that she cannot catch an earlier bus which only leaves her two options; to drive into Seattle or to pay the $20. 00 traffic ticket. She noted that the no-parking signs seem to be somewhat arbitrary because there is only a short section where there are no signs. She noted that her request is for Council to consider removing the no-parking signs or to at 9 Kent City Council Minutes February 3, 1998 TRAFFIC least take a non-enforcement policy until the CONTROL parking situation at the Metro lot can be resolved. Mayor White requested that staff look into this situation and get back to Council with a report and some recommendations. Clark noted for the Mayor that this would be a topic for the Public Works Committee for next Monday' s meeting on February 9, 1998. Upon Woods request, Chief Crawford concurred that a way to adapt to this situation could be achieved until it comes before the Public Works Committee. TRANSPORTATION (OTHER BUSINESS - ITEM 4H) (RTA) (ADDED BY COUNCIL PRESIDENT ORR) Regional Transit Authority Letter. Orr read into the record a letter that is being considered for transmittal to the Regional Transit Authority Board Members. ORR MOVED for Council concurrence that this letter actually be sent to the Boardmembers of the Regional Transit Authority. Woods seconded and the motion carried. MUNICIPAL (OTHER BUSINESS - ITEM 4F) COURT Lease Agreement with King County for Court Space Staff has negotiated a lease agreement with King County for 4 , 600 sq. ft. in the Aukeen Court building. The space will be used for Kent Municipal Court, and will be for five years beginning July 1, 1998 at $15 per sq. ft. per year, full service. Kent will make improvements to parking and furnishings which will be funded by the planned 1998 Councilmanic bond issue. Operations Director McFall noted that this matter was presented to the Operations Committee earlier today and the recommendation is unanimous to enter into the lease agreement. He noted that the rate of $15 per sq. ft. per year is for full service including door security. He noted that furniture will be purchased and a credit received from King County of $25, 069.22 against the City's lease payments for the value of their existing furniture which King County will be retaining. He also noted that a parking lot will be con- structed or approximately 21 spaces and the City will receive credit of one year' s worth of lease 10 Kent City Council Minutes February 3, 1998 MUNICIPAL payments against the cost of the construction of COURT the parking lot. McFall noted that the City will confer with King County Officials after a year to determine whether or not construction of addi- tional parking will be necessary. He noted that the City does have a preliminary design for an additional 51 spaces and if part or all of the phase II parking is needed, then the City will receive an additional 12 months of credit against the lease payments. McFall explained that the City would be propos- ing to pay for the capital improvements along with such things as computer system and phone system installments with the Councilmanic Bond Issue that is anticipated later this year. He explained that the Council needs to state its intent to issue the bonds to pay for the improve- ments and that it' s important for everyone to recognize that these are Councilmanic Bonds which are paid from the existing revenue sources with no additional tax liability incurred. He noted that this lease will serve the City's needs for the next five years and give time to determine what the long-term solution for the municipal court space needs will be. ORR MOVED to authorize the Mayor to sign the lease agreement with King County for court space, subject to final approval of the City Attorney; to establish the budget of $545, 000 for Capital Improvements identified in the proposed lease; and to declare the Council' s intent to include these capital expenditures in the planned 1998 Councilmanic bond issue. Brotherton seconded and the motion carried. PARKS & (BIDS - ITEM 5A) RECREATION Russell Road Park Tree Removal. The bid opening for this project was held on January 21, 1998, with 18 bids received. The low bid was submitted by Wydham Design in the amount of $43, 000. The Engineer' s estimate was $75, 000. The project consists of removing 226 poplar trees and stumps from the park by excavation, pulling all roots and hauling all wood off-site for proper disposal. Fifty of the poplar trees and stumps will be hauled to the Green River Natural Resources Enhancement Area to be used for habitat enhancement. 11 Kent City Council Minutes February 3 , 1998 PARKS & Parks Director Hodgson explained that this RECREATION project is part of the renovation project for Russell Road Park in which it is being completely renovated with new drainage, new irrigation for sand-based ball fields to eliminate rain outs and flooding that has happened over the last five years. Upon Mayor White' s question, Hodgson noted that back trees will be planted as soon as the project is over next fall. WOODS MOVED that the Russell Road Park Tree Removal project be awarded to Wydham Design for the bid amount of $43 , 000 . Orr seconded and the motion carried. APPOINTMENTS (CONSENT CALENDAR - ITEM 3E) Drinking Driver Task Force. CONFIRMATION of the Mayor's appointment of Mary Lou Becvar to serve as a member of the Kent Drinking Driver Task Force. Ms. Becvar will replace Nancy Woo, and her appointment will continue until 1/1/2001. Ms. Becvar is a long time Kent resident and serves as the Executive Director of the Kent Food Bank. She has served as a member of the Kent Human Services Commission and has been very involved with the Kent Historical Society. She is a member of Kent Soroptimists and currently serves as Secretary of Kent Kiwanis. She will be a valuable addition to the Task Force. (CONSENT CALENDAR - ITEM 3F) Human Services Commission. CONFIRMATION of the Mayor's appointment of Rev. Perry Rock to serve as a member of the Kent Human Services Commission. Rev. Rock will represent the religious category on the Commission. He is the Minister at Trinity Reformed Church in Kent where he has served for nine years. Rev. Rock will replace Janer Wilford, who resigned, and his appointment will continue until 1/1/2001. Rev. Rock and his family reside in Kent. He is a member of Kent Rotary and served on the Board of Directors for Kent Youth and Family Services. He currently serves on the Multi Cultural Task Force. 12 Kent City Council Minutes February 31 1998 FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Bills. APPROVAL of payment of the bills received through January 15 and paid on January 15, 1998, after auditing by the Operations Committee on January 20, 1998 . IM, Approval of checks issued for vouchers: i%LrER TO DateCheck Numbers Amount J 3-/7 9� 1/14/98 194609-195090 $ 505, 757 . 56 1/15/98 195091-195167 1, 081, 694.99 $1, 587, 442 . 55 Approval of checks issued for payroll for January 1 through January 15 and paid on January 20, 1998 : Date Check Numbers Amount 1/20/98 Checks 224999-225362 $ 289, 128. 90 1/20/98 Advices 54062-54706 787 ,834 . 64 $1, 076, 963 . 54 REPORTS Council President. Orr reminded the Council of the Suburban Cities dinner on February 11, 1998, and requested that if anyone is interested in attending to please contact either Jan or Cheryl in Administration. Orr announced that the Council committees have been selected but with Bennett's resignation, it may change somewhat. She then noted that Tim Clark will be the Chair of the Public Works/ Planning Committee; Connie Epperly will be the Chair of the Public Safety Committee; and Judy Woods will be the Chair of the Parks Committee. Orr noted that it was very difficult for her to read Mr. Bennett' s resignation letter because he has become a good friend and he will be missed. She noted, however, that it is important to begin the process for the selection of a new council- member and she requested staffs assistance to get the process in motion. Orr also announced that there will be meetings of the Committee of the Whole, which are similar to workshops that the Council held, on the 1st Tuesday of each month at 5 : 30 p.m. to discuss issues of particular importance. She noted for Clark that preliminary information will be provided to the Council before the meetings are held. 13 Kent City Council Minutes February 3 , 1998 REPORTS Public Works Committee Upon Clarks question, Mayor White noted that the South County Journal will be expanding their coverage into Federal Way which will cover much of the West Hill for notification of the meetings. Clark recommended for the interim that notice be given to the Seattle Times or Tacoma News Tribune and the Mayor concurred. Public Safety Committee Epperly noted that the committee will meet on the 3rd Tuesday of each month at 5: 00 p.m. and that the next tentatively scheduled meeting will be on February 17th. Parks Committee. Woods noted that the Parks Committee will be meeting at 4: 00 p.m. on the 1st Tuesday of each month unless otherwise notified. ADJOURNMENT The meeting was adjourned at 8 : 00 p.m. Gt�j'l�1ZGZ- ��- Donna Swaw Acting City Clerk 14