Loading...
HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 03/17/1998 Kent, Washington March 17 , 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, Planning Director Harris, Public Works Director Wickstrom, Police Chief Crawford, Fire Chief Angelo, Finance Director Miller, Parks Director Hodgson and Acting Information Services Director Mulholland. Approximately 50 people were at the meeting. PUBLIC Oath of Office. New Councilmember Rico COMMUNICATIONS Yingling was sworn in by the City Clerk. EmplOvee of the Month. Mayor White announced that Financial Analyst Susan Narick was selected as the Employee of the Month for March. He explained that Ms. Narick played a substantial role in the award-winning invest- ment policy and the new banking contract, and noted that she volunteers for extracurricular activities such as Sister Cities functions. Finance Director Miller stated that Ms. Narick is very efficient and commended her for her efforts. The Mayor then presented Narick with the Employee of the Month plaque. Introduction of Mayor' s Appointees. Mayor White introduced the following appointees: Grace Edwards, Library Board Kevin Ruoff, Drinking Driver Task Force Keith Baker, Bicycle Advisory Board Absolutely Incredible Kids Day, The Mayor read a proclamation declaring March 19, 1998, as Absolutely Incredible Kids Day in the City of Kent, and encouraged citizens to partici- pate by writing a note or letter to a child. He explained that taking the time to communi- cate how important a young person is to you can have a dramatic and positive impact. Legislative Update. Dena Laurent noted that the rights-of-way bill that would have given telecommunications companies broad access on public rights-of-way did not clear the House, and will be discussed further. She stated that she is watching House Bill 2894 regarding transportation funding and Initiative 691 which would eliminate the Motor Vehicle Excise Tax entirely. Laurent pointed out the nine DUI issues which were approved, and reported 1 Kent City Council Minutes March 17, 1998 PUBLIC that no sales tax exemptions were granted COMMUNICATIONS which would have a significant financial impact on the city. Upon Clark' s question, Laurent said the bill on transportation funding contains a study of all the projects that were not funded and that identification of additional funding options has begun. She also noted that House Bill 2894 would move funding for local interests to the General Fund and expand Motor Vehicle Excise Tax on the transportation projects. She added that if the initiative were to be ratified, the transportation funding portion would not be funded and the local criminal justice would be funded. She noted for Clark that if the Motor Vehicle Excise Tax went away, one of the funding sources for public safety would be gone. Laurent noted for Amodt that Senate Bill 6699 regarding employee reference checks is on the Governor' s desk. CONSENT ORR MOVED that Consent Calendar Items A CALENDAR through N be approved, with the exception of Item F Woods seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 3A) Approval of Minutes. APPROVAL of the minutes of the Council workshop of February 17, 1998, the regular Council meeting of March 3, 1998, and the special Council meeting of March 4 , 1998 . WATER (CONSENT CALENDAR - ITEM 3E) Green/Duwamish Watershed Interlocal Agreement. AUTHORIZATION for the Mayor to sign the Green/ Duwamish Watershed Interlocal Agreement and to fund the same out of the Miscellaneous Drainage Improvement fund (D17) , as recom- mended by the Public Works/Planning Committee. The purpose of this agreement is to share responsibilities and costs of local co- sponsorship of the Green/Duwamish watershed. Kent's share in this study is $32 , 565 for which monies are available in the Drainage Improvement fund. 2 Kent City Council Minutes March 17, 1998 SEWERS (CONSENT CALENDAR - ITEM 3C) LID 350 - Big "R" Sanitary Severs. 124th Ave. S.E. & S.E. 270. ADOPTION of Ordinance No. 3397 establishing the formation of LID 350 - Big 'OKI' Sanitary Sewers 124th Ave SE & SE 270th St. , as recommended by Council. UTILITY (CONSENT CALENDAR - ITEM 3F) DISTRICT (REMOVED AT THE REQUEST OF AN AUDIENCE MEMBER) City of Federal Way Interlocal Agreement, Lakehaven Utility District. The Planning/ Public Works Committee has recommended that the Mayor be authorized to sign the City of Federal Way Interlocal Agreement, Lakehaven Utility District, upon the City Attorney's concurrence with the language as written in the agreement. The agreement provides for continued operation of utilities should the assumption/dissolution of Lakehaven Sewer District proceed. Blair Burrows, Attorney for the Lakehaven Utility District, asked for an opportunity to provide the City with facts and reports that have been generated by their consultants relating to the assumption and proposed dis- solution of Lakehaven Utility District, so that Council can make an informed decision. He explained that if the City of Kent does not sign the agreement, the City of Federal Way cannot cut them off and that the question is who is the most appropriate provider. Bob Sterbank, Assistant City Attorney for the City of Federal Way, spoke in favor of the assumption agreement, noting that the agree- ment preserves the status quo, and protects the lines in the City of Kent in the event that the City of Federal Way's assumption goes ahead. He noted that the Lakehaven Utility District had the opportunity to attend the Council Committee meeting when this was discussed but they chose not to. CLARK MOVED to authorize the Mayor to sign the interlocal agreement. Woods seconded. Clark noted that the Committee discussed this, that the bulk of their questions have been answered, and that he is comfortable with proceeding. The motion then carried. 3 Kent City Council Minutes March 17, 1998 HAZARD WASTE (CONSENT CALENDAR - ITEM 3D) Seattle/Ring County Health Department Grant Agreement, Hazardous Waste. AUTHORIZATION for the Mayor to sign the Seattle/King County Health Department Grant Agreement for two city-wide Household Hazardous Waste Collection & Recycling events, and direction to staff to accept the Grant and establish a budget for $19, 287, as recommended by the Public Works Committee. PLAT (CONSENT CALENDAR - ITEM 3N) Henson Highlands Final Plat #FSU-95-10 SET April 7 , 1998, as the date for a public meeting to consider a final plat application by R.K.L. Construction for Benson Highlands final plat. The subject subdivision is located at 11208 SE 244th Street. The City Council approved the Benson Highlands preliminary plat on April 2, 1996. STREET (OTHER BUSINESS - ITEM 2A) VACATIONS 42nd Avenue South Street Vacation. This date has been set for a public hearing to consider an application to vacate a portion of the 42nd Avenue South right-of-way located north of S. 216th Street. Planning Director Harris clarified that the staff recommendation is for approval as modified by the conditions written in the staff report, rather than for denial as noted in the staff report. He pointed out the location and explained that a 600-unit Planned Unit Development is planned to the south with the prime entry and exit from the north on 42nd Avenue South. Harris explained that the house intrudes into the right-of-way eight feet on the north and seven feet on the south. He read the following from the March 13 , 1998 , memorandum: "The actual physical width of the improvements for such an arterial is 53 feet (50 feet for the pavement and sidewalk improvements and another 1-1/2 feet for the placement of street lighting standard) . Said proposed street vacation would only leave 47 feet. Since Polygon is proposing to develop some 200 acres immediately south of this vacation for which 42nd Avenue is the primary access thereto, it will definitely have to be improved to 4 Kent City Council Minutes March 17, 1998 STREET residential arterial standards, at least VACATIONS through the area of this vacation. As such, the Public Works Department cannot support this vacation as proposed. Instead, the Public Works Department could support the vacation of the easterly 8 feet (plus or minus) thereof subject to the following con- ditions: 1) The City is compensated for the value of the right-of-way being vacated. 2) That the Petitioner provide to the Public Works Department engineering plans and analysis which denotes the additional cost associated with improving 42nd Avenue to residential collector arterial street standards as attributed to the reduction in available right-of-way. Upon concurrence therewith by the Public Works Department, the Petitioner shall compensate the City for said additional amount. " Harris noted for Clark that the right-of-way vacation as recommended by the Public Works Department would be right to the edge of the house. Mayor White opened the public hearing. Frank Donofrio, the applicant, explained the history of the property and noted that two surveyors have looked at it. He said an engineer should look at it, and that he feels there is enough room. There were no further comments from the audience and ORR MOVED to close the public hearing. Woods seconded and the motion carried. CLARK MOVED to bring this matter back for a full vote of the Council the first meeting in April. Epperly seconded. Orr asked that in the meanwhile a survey be done or an explana- tion be prepared of how a major street can be up against the side of a house. Clark said he has many questions and that Administration can probably provide answers by the next Council meeting. It was noted that the street was there when the house was built in 1960 and that it was in King County at the time. Wickstrom said that doing a survey by the next 5 Kent City Council Minutes March 17, 1998 STREET meeting would place a burden on his staff but VACATIONS that a records search could be done by then. Wickstrom said the road could be tapered and noted that the City of SeaTac would have to agree to condemn. He noted for Woods that it is not a time sensitive issue for the city, and Woods noted that there are similar issues in the downtown area. Wickstrom noted that there is a significant grade differential and that normally the applicant does the survey, since he is making the request. The motion to bring this issue back then carried. (OTHER BUSINESS - ITEM 4A) S. 188th Street Vacation. A public hearing to consider an application to vacate a portion of the S. 188th Street right-of-way located between 80th Place S. and 80th Avenue S. was held on January 20, 1998 . Upon the appli- cant' s request, the matter was tabled. Marisa Lindell, representing the applicant, noted that at the meeting of January 20th, three letters raising concerns were submitted, and that Todd Timberlake, a representative of the applicant, asked for time to meet with these parties to try and address their con- cerns. Lindell explained that all of the concerns of the drainage district were addressed, but that two parties still object. She said there is a public purpose in vacating the street, in part based on the increased tax and employment base, and urged the Council to vacate the street. John Ryan, Corporate Counsel for Toysmith, explained that the basis of their objection is that, while their property does not abut and they dispute that they do not have standing to raise objections at this level, they don't dispute that they can't sue on the basis of the Council going forward with a vacation. He noted that they are affected by the proposed vacation, as well as concerns about the move- ment of freight east and west. He noted that they were able to reach agreement about every- thing including a monetary exchange, and said they spent a great deal of money improving 88th Place as a condition of getting their building permit. He noted that the agreement was pulled off the table at the last moment. 6 Kent City Council Minutes March 17, 1998 STREET Wickstrom explained for Clark that the VACATIONS petitioner must comply with the conditions, and the issue of who pays what is between the petitioner and the other parties. He noted that some transit capabilities are lost between 80th and 80th Place and that the effect would be relatively minor. He clarified for Yingling that Toysmith would lose immediate access if vacated and that they would have to use 192nd. Maps were then displayed, and Lindell pointed out that the street to be vacated is approximately 1000 ' in length and that it is a small, two-lane, sub- standard road. Mayor White noted that all access from Toysmith would be onto East Valley Highway. Lindell noted for Orr that the applicant is proposing development of a multi- tenant industrial park on the south side of 188th St. and that the vacation will facili- tate development of the project. Project Manager Todd Timberlake noted that one of the conditions of the vacation is to remove and/or improve the culvert across the drainage ditch and that their intent is to comply with that. He noted that removal of the culvert would terminate east-west access. He explained that vacation of this property was a condition that was contemplated in the Determination of Non- Significance, subject to the approval process. He pointed out that this is not a major east- west corridor, and that they do not need it for access. He stated that Toysmith fronts on East Valley Highway and that they use the back route. He said the 196th Street corridor solves the larger issue of east-west access and that this small piece of S. 188th does little to resolve the larger issues. He explained for Orr that they propose to build a warehouse of approximately 100, 000 sq. ft. which would generate truck and car traffic similar to that in the immediate neighborhood. Mr. Ryan of Toysmith noted for Brotherton that when 188th is closed, 88th Place S. will become useless going north, due to the fact that trucks will have to wait between two and three lights to turn left. He said that 80th Place cannot handle the traffic. He noted that four to five large trucks go in and out of their facility each day. Wickstrom explained for Brotherton that traffic on 180t h 7 Kent City Council Minutes March 17, 1998 STREET will be significantly relieved when the 196th VACATIONS St. corridor is opened. CLARK MOVED to bring this matter back for consideration at the first meeting in April. Orr seconded. Clark said he will feel more comfortable after he has looked at the ramifications of the traffic patterns. Brotherton said he would like to see the traffic model to see what kind of improvement 196th should provide. Clark noted that a Planning meeting will be held before the Council meeting and requested a presentation at that time. His motion then carried. RAIL SITE (OTHER BUSINESS - ITEM 4B) (ADDED BY ARTHUR HARVEY) Community Concern. Upon a question from Joseph Drake of the Kent Citizens Association, Mayor White explained that the Council sets policy and the Mayor carries it out. He noted that the Mayor can veto decisions made by the Council. Arthur Harvey, President of the Kent Citizens Association, said that his organi- zation is concerned that the Council voted for the south site for the transit location, and the Mayor is advocating the north site. He said citizens supported the south site at a public hearing, and asked if there will be representation supporting the south site. Mayor White said that he has asked the RTA Board for time to find the necessary funding to build a parking garage, and was given until July jet . He explained that the funding package would raise approximately $4, 000, 000, that it will come to Council, and that there is no guarantee that it will be at the north or the south site. McFall noted that they will try to give a report at the Committee of the Whole meeting on April 7th. POLICY (OTHER BUSINESS - ITEM 4C) (ADDED BY JAN REDDING) City Policy. Jan Redding, 9511 S. 207th Place, Kent, asked the Council to consider passing a Code of Ethics ordinance applying to elected and appointed officials which is at least as stringent as that applied to City employees. She said if there is ever a time when someone is abusing their office, the matter could then be addressed. She noted 8 Kent City Council Minutes March 17, 1998 POLICY that at this time the only way to address an abuse of power is to wait for the next elec- tion and hope that voters are able to determine fact and separate out campaign rhetoric. PARKS & (CONSENT CALENDAR - ITEM 3G) RECREATION Garrison Creak Park Art Proiect. ACCEPTANCE of art proposal and authorization to contract with Artist Elizabeth Conner in the amount of $26, 000 for the Garrison Creek Park project, as recommended by the Parks Committee. Ms. Conner was contracted to design the art- work and chose to integrate various elements relating to water reservoirs, since the park is built on a water reservoir. The project budget is $26, 000 and is a part of the 1998 Art Plan. (CONSENT CALENDAR - ITEM 3H) Forner House. APPROVAL to surplus and to sell the Forner home and buildings to the public or to donate them to a local human service organization at their own expense and if no bids are received and no interest generated from such organization, authorization to demolish the house and buildings, as recom- mended by the Parks Committee. The City recently purchased 30 acres of land located at 144t and 288th in Kent with the intention of creating athletic fields. Located on the property are surplus buildings, including a house, barns and outbuildings. POLICE (CONSENT CALENDAR - ITEM 3J) Corrections Contract With City of Pacific. AUTHORIZATION for the Mayor to sign the contract for Jail Services with the City of Pacific. The proposed contract is the standard outside agency contract. FIRE (BIDS - ITEM 5A) Replacement Mobile Air supply Apparatus. Three bids were received for the replacement of the Mobile Air Supply Apparatus. The low bid was from H & W Emergency Vehicles in the amount of $140, 551, plus applicable sales tax. The other bids were from Boise Mobile Equipment for $167 , 603 and SVI Fire and Rescue 9 Kent City Council Minutes March 17, 1998 FIRE Trucks for $175, 332 . Staff recommends award of the bid to H & W Emergency Vehicles. EPPERLY MOVED to award the bid for Replacement Mobile Air Supply Apparatus to H & W Emergency Vehicles in the amount of $140, 551, plus applicable sales tax. Orr seconded and the motion carried. EMPLOYEE (CONSENT CALENDAR - ITEM 3I) SERVICES City Council Secretary Position. APPROVAL of the creation of a City Council Secretary position and budget amendment. The Council Operations Committee has recommended the creation of the position to provide adminis- trative support to the Council. The recommendation includes a 1998 Budget amend- ment to the Council budget in the amount of $34,938 for salary, benefits, equipment, and training. FINANCE (CONSENT CALENDAR - ITEM 3B) ADDroval of Bills. APPROVAL of payment of the bills received through February 27 and paid on February 27 , 1998, after auditing by the Operations Committee on March 10, 1998. Approval of checks issued for vouchers: Date Check Numbers Amount 2/27/98 196543-196731 $ 592 ,260. 23 2/27/98 196732-197114 $1,490, 974. 27 $2 , 083 , 234 .50 Approval of checks issued for payroll for February 16 through February 28, 1998 and paid on March 5, 1998 : Date Check Numbers Amount 3/5/98 Checks 226011-226308 $ 231, 682 . 21 3/5/98 Advices 55751-56285 $ 693 , 018. 00 $ 924, 700. 21 APPOINTMENTS (CONSENT CALENDAR - ITEM 3K) Bicycle Advisory Board Appointment. CONFIRMATION of the Mayor' s appointment of Keith Baker to serve as a member of the Kent Bicycle Advisory Board. Mr. Baker is a Kent resident and is currently studying financial accounting through Indiana University extended 10 Kent City Council Minutes March 17, 1998 APPOINTMENTS study program. He studied electronic technology at Green River Community College and C Programming with the University of Phoenix. He has indicated an interest in the Bicycle Advisory Board and feels he can make a contribution to the community as a member. Mr. Baker will replace Scott Manthey whose term expired. His new term will continue until 12/31/1999 . (CONSENT CALENDAR - ITEM 3L) Drinking Driver Task Force Appointment CONFIRMATION of the Mayor' s appointment of Kevin Ruoff to serve as a member of the Kent Drinking Driver Task Force. Mr. Ruoff is a long-time Kent resident and is employed as the Regional Loss Prevention Supervisor for Fred Meyer where he has 22 years of retail exper- ience. He has a AA degree in law enforcement. He serves as vice-president of the Midway Community Improvement Association and is a member of Kent Kiwanis. Mr. Ruoff will replace Ford Kiene and his term will continue until 1/1/2000. (CONSENT CALENDAR - ITEM 3M) Kent Library Board Appointment CONFIRMATION of the Mayor's appointment of Grace Edwards to serve as a member of the Kent Library Board. Ms. Edwards is a Kent resident and has been active in Friends of the Library. She participates in Book Discussion Groups at the Kent Library and the Kent Senior Center. In her spare time, she enjoys the challenge of the New York Times crossword puzzles. Ms. Edwards will replace Brian Smith, whose term expired. Her new term will continue until 1/1/2003 . REPORTS Council President. Orr welcomed Rico Yingling to the Council, and announced Council Committees as follows: Operations/Public Safety Connie Epperly, Chair Rico Yingling Sandy Amodt li Kent City Council Minutes March 17, 1998 REPORTS Planning/Public Works Tim Clark, Chair Judy Woods Tom Brotherton Parks Judy Woods, Chair Connie Epperly Rico Yingling Administrative Reports. McFall announced an executive session of 10-15 minutes and said no action is anticipated. EXECUTIVE The meeting recessed to executive session at SESSION 8: 15 p.m. ADJOURNMENT The meeting reconvened at 8: 45 p.m. and adjourned. 0 Brenda Ja ob r, CMC City Cie 12