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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 09/01/1998 Kent, Washington September 1, 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, Woods and Yingling, Operations Director/Chief of Staff McFall , City Attorney Lubovich, Police Chief Crawford, Fire Chief Angelo, Public Works Director Wickstrom, Planning Manager Satterstrom, Parks Director Hodgson, Employee Services Director Viseth and Finance Director Miller. Approximately 30 people were in attendance . PUBLIC employee of the Month, Mayor White announced COMMUNICATIONS that Lillian Hernandez, Police Evidence Custodian, has been selected as Employee of the Month for September. Chief Crawford stated that Ms . Hernandez is an exceptional employee, and that she contributed to the national accredita- tion received several years ago . He added that she is highly respected by all employees and supervisors in the City. Mayor White congratu- lated her and presented her with the Employee of the Month plaque . Ms . Hernandez explained that employees are nominated by their co-workers, and said it is an honor to receive this award since it indicates that they appreciate her efforts . She said she recognizes and appreciates the efforts of her co-workers as well . CONSENT ORR MOVED that Consent Calendar Items A through E CALENDAR 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 August 18 , 1998 . COMMUNITY (PUBLIC HEARINGS - ITEM 2A) DEVELOPMENT 1999 Community Development Block Grant Program BLOCK GRANT This date has been set to consider the 1999 PROGRAM proposed Community Development Block Grant program. Carolyn Sundvall of the Planning Department explained that there are three categories, and outlined the recommended pro- jects, funding and contingency plans as follows, 1 Kent City Council Minutes September 1, 1998 COMMUNITY noting that the dollar amounts are estimates and DEVELOPMENT are subject to change : BLOCK GRANT PROGRAM PROPOSED 1999 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM Estimated 1999 Capital Funds: (includes 1998 Easter $495,668 Seals funding of$18,989) Estimated 1999 Planning&Administration Funds 76,408 Estimated 1999 Public(Human) Service Funds 87,280 Total CDBG Funds $659,356 Capital Applications Recommended City of Kent Home Repair Program $258,155 City of Kent Parks & Recreation: Turnkey Park, ADA 41,000 City of Kent Parks & Recreation: Kiwanis Tot Lot, ADA 11,000 Catholic Community Services: Rehab 30,000 Children's Home Society: New Construction 25,000 Habitat for Humanity of S King County 15,000 South King County Multi Service Center: Victorian 10,000 Place 11 South King County Multi Service Center: Morton 5,000 Houses Children's Therapy Center: Rehab 19,982 Ruth Dykeman Children's Center: New Construction 10,000 HomeSight: Revolving Loan Fund 50,000 Kent Youth & Family Services: ADA 0 Residence XII: New Construction 0 Parkview Group Homes: Acquisition 20,531 Total Capital $495,668 Public(Human) Service Applications Recommended Community Health Centers: Primary Medical $23,635 Community Health Centers: Natural Medicine 10,732 Elder Health Northwest: Connection Adult Day Care 6,150 YWCA: Domestic Violence Housing 35,400 Emergency Feeding Program 11,363 Valley Cities: Homeless Access 0 Total Public (Human) Service $87,280 Planning &Administration $76,408 2 Kent City Council Minutes September 1, 1998 COMMUNITY 1999 Human Service Contingency Plan: If the City of Kent receives an DEVELOPMENT increase in public service dollars, the increase will be divided equally between BLOCK GRANT Community Health Centers, Primary Medical and Community Health Centers. Natural Medicine Clinic, to not exceed their requested amounts. If the City of PROGRAM Kent receives a decrease in public service dollars, the decrease will be split proportionately between all agencies, with no agency decreased below the minimum funding requirement of$5,000. 1999 Capital Contingency Plan: If there is an increase in the Capital estimate, the increase will be split evenly between Catholic Community Services, Children's Home Society, Ruth Dykeman and Parkview Group Homes, up to their requested amounts. If there is a decrease in the Capital estimate, then the decrease will be split evenly between Catholic Community Services, Children's Home Society and Parkview Group Homes. Upon Yingling ' s request , Sundvall explained for citizens that Community Development Block Grants are Federal funds that are administered through King County, and that the City can use those funds under certain guidelines . She explained that there is an application process for the funds . Mayor White opened the public hearing. There were no comments from the audience and ORR MOVED to close the public hearing. Woods seconded and the motion carried. CLARK MOVED to cancel the 1998 Easter Seal Program and reallocate the $18 , 989 to the total 1999 pass-through allocation, and further to approve the proposed 1999 Community Development Block Grant Program, including its contingency plan. Brotherton seconded and the motion carried. Orr thanked the Human Services Commission for their efforts in reviewing the applications and making recommendations . PLAT (OTHER BUSINESS - ITEM 4A) Fox Ridge Addition No 1 Final Plat This date has been set for a public meeting to consider the final plat application submitted by DMP, Inc . , for the Fox Ridge Addition #1 Final Plat FSU-96-14 . The City Council approved the preliminary plat with conditions on November 18, 1997 . 3 Kent City Council Minutes September 1 , 1998 PLAT CLARK MOVED to approve the staff ' s recommendation of approval with conditions of the Fox Ridge Final Plat and authorize the Mayor to sign the final plat mylar. Brotherton seconded and the motion carried. COMPREHENSIVE (OTHER BUSINESS - ITEM 4C) PLAN (ADDED By COUNCILMEMBER CLARK) Emergency Comprehensive Plan Amendment Planning Manager Satterstrom explained that in July the Council referred the issue of mixed use zoning to the Land Use and Planning Board for recommenda- tions concerning the growth of multiple-family housing. He noted that this was addressed at the last Land Use and Planning Board workshop and explained that if there are changes in zoning which would conflict with the Comprehensive Plan, the proposed resolution would empower the Land Use and Planning Board to recommend a plan amendment to the City Council . CLARK MOVED to adopt Resolution No. 1513 declaring an emergency for a Comprehensive Plan Amendment relating to mixed use development in General Commercial zones . Woods seconded. Clark clarified that this resolution simply sets the process in gear for allowing the Land Use and Planning Board to deal with the issue, and pointed out that it does not deal with a large area of land. Satterstrom noted that the Land Use and Planning Board will hold a hearing in September and that this will then come back to Council . Clark' s motion then carried. PUBLIC WORKS (CONSENT CALENDAR - ITEM 3D) Kent Clark Springs Emergency Power Addition ACCEPT the Kent/Clark Springs Emergency Power Addition contract as complete and release of retainage to CTS Northwest, Inc . upon standard releases from the State and, release of any liens, as recommended by the Public Works 4 Kent City Council Minutes September 1, 1998 PUBLIC WORKS Director. The original contract amount was $103 , 816 . 17 . The final construction cost was $109, 767 . 19 . TRAFFIC (OTHER BUSINESS - ITEM 4D) CONTROL Chestnut Ridge Speed Bumps, Diana Woodward, 9623 S . 203rd Street, noted that on August 24 , the Traffic Engineering Department put down five clusters of three temporary speed bumps in Chestnut Ridge . She displayed photos of the clusters and of people driving on sidewalks and lawns to avoid the speed bumps . She noted that this is dangerous for children using the sidewalks to walk to school . Woodward said that there are three problems in the neighborhood: rounded curbs, the volume of cars and a long light at S . 208th and Benson Highway, and wide streets . She said square curbs are required for use with speed bumps and that concrete barriers are not acceptable . She said her concern is to slow the traffic and to eliminate the noise . Woodward stated that some of the speed bumps were removed today and that the bumps which were removed are now sitting on the curb line . She agreed to leave the photo- graphs so that they can be turned over to the Police Department . Orr noted that she has witnessed numerous cars driving on the sidewalks and lawns in Chestnut Ridge and agreed that the situation is dangerous . She also agreed that permanent speed bumps will not work with rolled curbs and said something has to be done . Brotherton explained that the homeowners in the area had come to the Public Safety Committee and asked for speed bumps or something else on 203rd before the start of school . He noted that Public Works studied the issue to determine what measures could be put in place by then and that the speed bumps were temporary until a safe and effective means of speed control could be 5 Kent City Council Minutes September 1, 1998 TRAFFIC designed and put in place . He added that CONTROL although no one liked the bumps, they were effective . He said that a study is being done to find the best way to control speed. Wickstrom explained that Public Works had received a faxed letter from the president of the homeowners association saying that they had voted to have certain speed bumps removed, which was then done . Epperly said that the residents are open to different types of speed control and that she would like to work with them to try different methods . Brotherton agreed that the citizens are eager to work with the city, and advocated community meetings to discuss alternates and receive input . Wickstrom noted that the City will attend an upcoming neighborhood meeting. Howard Woodward, 9623 S . 203rd, thanked Epperly and Brotherton for their efforts, and said it was his understanding that there would be time to get public input before speed bumps were in-stalled. He added that the bumps were installed without anyone ' s knowledge, discussion or approval . He also said the president of the homeowners association did not say the speed bumps had to be installed right away. He noted that the bumps cause a great deal of noise and that he had suggested other ways of controlling speed. He said that traffic counters were installed in the area but were ripped out before any data was collected. He also voiced concern about safety, noting that a pumper truck had trouble getting over the speed bumps . He expressed a desire to work with the City on this issue . McFall noted that a Neighborhood Traffic Specialist was recently hired and assured the Council and residents that the problem will be addressed. Yingling recommended that in order to avoid confusion, suggestions from the neighborhood be in writing, and Amodt advised 6 Kent City Council Minutes September 1, 1998 TRAFFIC residents to come to a consensus and make CONTROL communications clear. SOLID WASTE (CONSENT CALENDAR - ITEM 3E) King County Solid Waste Negotiations, AUTHORIZATION for the Mayor to designate and confirm the Suburban Cities Association as Kent ' s representative in Solid Waste Interlocal Agreement negotiations with King County to the extent of the City' s contract interest under existing agreements with King County, as recom- mended by the Parks Committee . This designation, however, is subject to the specific reservation that the City may, at its sole option, choose at any time to negotiate separately with King County, should it serve the best interests of Kent ' s citizens . PARKS AND (CONSENT CALENDAR - ITEM 3C) RECREATION King County Community Services Grant, ACCEPTANCE of a community services grant from King County and authorization to amend the budget for same . The Youth/Teen Program recently received a mini- grant in the amount of $200 from King County Community Services Division of the Department of Community and Human Services . The funds will be used to promote leadership for youth through a project called "TIME Advisory/PEP . " (OTHER BUSINESS - ITEM 4B) 1/4% Real Estate Excise Tax, The City of Kent has authority under State law to levy a second 1/4% Real Estate Excise Tax (REET) on the sale of property in the City. If levied, the total REET for the City would be 1/2% . The REET can only be used for capital projects as specified in State law. It is proposed that Kent use the second REET for the funding of park development projects . McFall explained that this is one of two options discussed as a funding option for park develop- ment , the other being to approach voters for a voter-approved bond issue in which voters would 7 Kent City Council Minutes September 1, 1998 PARKS AND authorize an excess property tax levy to go RECREATION against the principle and interest payments of those bonds . He noted that this has been reviewed by Council and has been presented to the Operations Committee, whose recommendation is to adopt the ordinance levying the 1/4% real estate excise tax. He explained that the tax would generate approximately $1, 000, 000 per year, although it is a volatile source since it depends on property sales which can change . He added that over time, the trend line on real estate excise taxes is consistent and allows for reason- able planning for the funding of projects . He stated that interest costs on borrowing can be avoided by the tax, as well as the election costs required by a bond issue . He noted that staff recommends adoption of the proposed ordinance levying the tax. Upon Yingling' s question, McFall explained that a bond issue would be levied against all properties in the city over time, whereas the real estate excise tax is only collected against properties at the time of sale, making it difficult to determine which is less costly for citizens . He reiterated that interest rates for the bond issue would not be incurred if the tax were levied, but that from an individual standpoint, it depends on when property changes hands . WOODS MOVED to adopt Ordinance No. 3418 levying the second 1/4% Real Estate Excise Tax. Brotherton seconded. Woods noted that other opportunities for develop- ing parks have been exhausted, and that the real estate excise tax had been considered as a source for years . She said that if General Fund money were used for parks, public safety and other elements would be affected. She added that grants are no longer as readily available due to demands from new cities for parks . She expressed concern that already acquired properties could not be developed without a secured funding 8 Kent City Council Minutes September 1 , 1998 PARKS AND source . She noted that the Kiwanis Club has RECREATION provided wonderful volunteer support in develop- ing parks, but that large amounts of money are needed. She urged the Council to adopt the ordinance . AMODT OFFERED A FRIENDLY AMENDMENT that the Real Estate Excise Tax go before the voters in November as a voted-approved bond issue . The motion died for lack of a second. Sam Pace, Association of Realtors, 12015 115th Avenue NE, Kirkland, voiced opposition to this funding mechanism, and outlined his concerns as follows : 1 . Spending REET dollars here may jeopardize the ability to fund other critical infrastructure . 2 . This proposal shifts current funding away from parks and toward other expenditures which may or may not be legally fundable with REET. 3 . This is a 100% tax increase with regard to the City' s portion of the real estate excise tax. 4 . Sellers will be required to pay more than an extra years worth of property taxes . 5 . The law prohibits the expenditure of these funds for park acquisition but the Clark Lake and Meridian Valley annexations are short of being fully funded without REET revenues and the proposal did not identify a legal non- REET source for the shortfall . 6 . This tax hits only families that sell homes but everyone uses parks; the funding should be more broadly based. 7 . The cumulative effect of multiple tax increases is disconcerting. He concluded by saying that this proposal prompts substantial concern. Steve Hoyt, 27414 126th Place S .E . , noted that during their campaigns, many of the elected officials pledged to hold down taxes . He said 9 Kent City Council Minutes September 1, 1998 PARKS AND the City should find the financing in the present RECREATION budget rather than increasing taxes . Jim Flick, 9408 S . 218th St . , noted that there is no sunset clause and spoke in favor of a ballot issue . He stated that 50% of the residences in Kent are apartments and that apartment dwellers will not have to pay anything while owners of single family residences will pay 100% . Jim Johnson, 26027 Woodland Way South, said he feels there is sufficient funding at this time . He stated that children need parks, although he does not like the way some of them act in the middle of the night at the park in his neighborhood. He voiced opposition to the tax and said he is in favor of putting the issue on the ballot . Bill Young, 1005 E . Guiberson, said he is opposed to the tax and suggested using volunteers and fund-raisers to build parks . Wayne Thuringer, 858 1st Avenue North, stated that the real estate excise tax is not imposed until the property sells, and therefore it is not a property tax increase . He noted that if this were submitted to a vote in November, the cost of retiring bonds would be twice as much over the life of the bonds as the original amount they were issued for. He spoke in favor of taking steps to ensure a predictable amount of money coming in and going out , and urged the Council to support the proposal . Aaron Stafford, 25614 98th Place South, noted housing prices are already high and this tax would make them higher. He pointed out that apartment rents would be raised, and noted that Boy Scouts working toward earning a badge could help improve parks . Jo Ladd, 26121 Woodland Way South, said she is impressed with the City' s investment in parks and said all need to contribute to the standard of living for everyone. She urged the Council to support the proposal . Barbara Ivanov, Executive Director of the Kent Chamber of Commerce, stated 10 Kent City Council Minutes September 1, 1998 PARKS AND that she appreciates the careful consideration RECREATION given to this issue by the Mayor, Council and Parks Director. She noted that the Chamber Board voted to support the increase in the real estate excise tax because there is great value in parks in the community and because it is legally avail- able . Rod Saalfeld, 724 W. Smith, pointed out that the Rotary Club and the Lions Club have given over $100 , 000 to the Parks Department in money and labor. He said that parks must con- tinue to be developed, and that this proposal is the easiest and most inexpensive way to do it . Jim Flick, 9408 S . 218th Street, said the amount of money would be predictable each year with a bond and that the real estate excise tax could result in even more taxes . AMODT OFFERED A FRIENDLY AMENDMENT that the real estate excise tax go before the citizens in November as a voter-approved bond issue . Woods did not accept the amendment . McFall explained that either a bond issue could go to the voters, or the question of adoption of a real estate excise tax could go to the voters as an advisory election but that it would be non- binding. AMODT MADE A SUBSTITUTE MOTION to put the real estate excise tax on an advisory vote in November. Lubovich noted that this would be a completely different financing mechanism. Epperly seconded Amodt ' s motion. McFall clarified for Orr that the voters cannot make the decision on the real estate excise tax, but that the Council could abide by the voters decision if they so desire . Epperly spoke in support of Amodt ' s motion. Orr agreed and said it is important to hear from the voters on this issue . Yingling stated that he is opposed to passing this issue to the voters, as it is the duty of elected officials to make 11 Kent City Council Minutes September 1, 1998 PARKS AND decisions . Epperly and Orr said they are not RECREATION shirking their responsibilities by asking the voters what they think. Clark voiced opposition to the substitute motion, and said that this proposal is basically a long term investment that improves the value of property. He pointed out that the Growth Management Act was passed by the voters and that it obligates local government to establish levels of services, including parks . Orr noted that the levels of service can be adjusted. Brotherton spoke in favor of the Woods ' original motion to levy the second 1/4% tax and agreed with Yingling that the Council should make the decision. Amodt said that there has been more citizen representation tonight than business representa- tion, and that the citizens are not listened to by Council . Her motion to put the issue before the voters then failed with Amodt, Epperly and Orr in favor, and Brotherton, Clark, Woods and Yingling opposed. Upon Yingling' s request , Parks Director Hodgson noted that it is time to develop the parks property that has already been acquired. He stated that 12 , 000 kids participate in the sports programs and that baseball games must be limited to 45 minutes so that everyone can play, and added that the four athletic fields at Borden Park may be lost some day. Hodgson explained that in the last five years the City has had $565, 000 in volunteer help, support and dona- tions, and that Eagle Scouts volunteer every quarter. He stated that parks contribute to physical health, the social aspect , the economic value, and the environment . In response to a comment made earlier by a citizen regarding young people in the parks at night, Hodgson clarified for Yingling that vandalism at parks has dropped by 95% since giving people ownership . He empha- sized that parks development should not stop because a very small percentage of people cause damage . He noted for Orr that part of a survey authorized earlier this year has been completed. 12 Kent City Council Minutes September 1, 1998 PARKS AND Brotherton pointed out that this tax has been RECREATION earmarked for parks construction, and that if bonds were used the cost would double and all citizens would be affected. He reiterated that the tax only applies to the sale of properties . He noted that real estate prices have gone up tremendously in this area, some of which is due to the amenities, and that the tax is much lower than the profit from the sale . He said that the many people moving to this area demand parks, and pointed out that people who don' t sell their homes will not pay anything and will get the benefit of the parks . Brotherton added that he would like to use funds from some other source to add police and fire staff . Amodt stated that the City does not need to levy this tax just because it is allowed, that Kent already has excellent parks, and that the City is in good financial condition. The motion to adopt Ordinance 3418 then carried with Brotherton, Clark, Woods and Yingling in favor, and Amodt, Epperly and Orr opposed. (BIDS - ITEM 5A) Kent Memorial Park Light Pole Replacement The bid opening for the Memorial Park Light Pole Replacement Project was held on August 27th with two bids received. The low bid was submitted by Golf Landscaping Inc . , in the amount of $49, 491 . The Engineer' s estimate was $45, 000 . WOODS MOVED that the Kent Memorial Park Light Pole Replacement Project be awarded to Golf Landscaping, Inc . for the bid amount of $49, 491 . Epperly seconded and the motion carried. (BIDS - ITEM 5B) Greater Kent Historical Society Museum Parking Lot• Parks Director Hodgson noted that the bid opening was held on August 31 with three bids received. He stated that the low bid was sub- mitted by Shear Transport, Inc . in the amount of $56 , 400 and recommended going forward with the 13 Kent City Council Minutes September 1, 1998 PARKS AND project . WOODS MOVED to authorize entering RECREATION into an agreement with the low bidder, Shear Transport, in the amount of $56, 400 for the Kent Greater Historical Society Museum Parking Lot Project . Epperly seconded and the motion carried. FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Bills . APPROVAL of payment of the bills received through August 15 and paid on August 15 , after auditing by the Operations Committee on September 1 , 1998 . Approval of checks issued for vouchers : Date Check Numbers Amount 8/15/98 204227-204493 $ 650, 523 . 82 8/15/98 204496-204952 2 541 935 . 43 $3 , 192 , 459 . 25 A- roy l of checks issued for payroll for August 1 through August 15 and paid on August 20 , 1998 : Date check Numbers Amount 8/20/98 Checks 229701-230056 $ 288, 323 . 23 8/20/98 Advices 69225-69775 774 , 463 . 10 $1, 062 , 786 . 33 REPORTS Council President Orr reminded Councilmembers to make reservations for the Suburban Cities Association dinner in North Bend on September 9th as soon as possible . Orr asked that traffic safety issues be added to the Public Safety Committee agenda. She cited examples of drivers and skaters running red lights, and of drivers blocking intersections . Operations Committee. Woods noted that the next meeting will be September 15 at 3 : 30 p.m. Public Safety Committee. Epperly noted that the next Committee meeting will be held at 5 : 00 on September 8 and will include traffic issues . 14 Kent City Council Minutes September 1, 1998 REPORTS Public Works and Planning Committee Clark noted that due to the Labor Day holiday, the committee will meet on September 14 and 21 at 3 : 30 p.m. EXECUTIVE At 8 : 55 p.m. , McFall reminded Councilmembers of SESSION an executive session of approximately fifteen minutes regarding labor negotiations . The meeting reconvened at 9 : 10 p .m. EMPLOYEE Labor Negotiations - AFSCME WOODS MOVED that SERVICES Council authorize the Mayor to sign a three-year labor agreement with AFSCME Local 2617 , effective January 1, 1998 to December 31, 2000 . Epperly seconded and the motion carried. ADJOURNMENT The meeting adjourned at 9 : 11 p.m. Brenda Jac b CMC City Clerk 15