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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 11/03/1998 Kent, Washington November 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, 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 Director Harris, Parks Director Hodgson, and Information Services Director Mulholland . Approximately 40 people were in attendance . PUBLIC Employee of the Month. Mayor White noted that COMMUNICATIONS the Employee of the Month is unavailable . Human Services Month. Mayor Hogan noted that the City of Kent has addressed human services needs in many ways and that the population growth and com- plexity of pressures continue to present human service needs . He added that literacy provides the foundation for learning, and declared the month of November, 1998 , as Human Services Month and encouraged all citizens to recognize and support its observance by "Reading to a Child- Building a Bridge to the Future" , and to visit the Human Services display in the lobbies of City Hall and the Kent Library. Brad Bell of the Human Services Commission accepted the proclamation and thanked the Mayor and Council for their leadership role in meeting the human services needs of the City of Kent . Introduction and Comments From Mayor Christopher Taute Riversdale, South Africa. Government Affairs Manager Dena Laurent introduced Mayor Christopher Taute from Riversdale, South Africa, who is a student on a research internship with Highline Community College . Mr. Taute explained that he is studying the local government system because they will be changing their system. Mayor White said it has been an honor to have Mr. Taute visit and urged him to return. CONSENT ORR MOVED to approve Consent Calendar Items A CALENDAR through Q with a correction to Item N and with 1 Kent City Council Minutes November 3 , 1998 CONSENT the exception of Items 0 and P which were removed CALENDAR by Councilmember Brotherton. Woods seconded and the motion carried. Brotherton explained that he would like to dis- cuss Items 0 (Riverbend Golf Complex Transfer and Short Term Loan) and P (Riverbend Golf Complex 1999 Fee Increase) along with Item 7G (Riverbend Golf Course Discussion of Options) . He said that discussion of Item 7G may or may not lead to amendments to Items 0 and P. Woods did not agree and said that when Brotherton said he wanted Council to consider looking at the long term issues, it was noted that there was a short term issue to be resolved by the end of the year. She said that mixing these issues would risk not having the budget in balance by the end of the year, and that the decision regarding the golf course will take time . Amodt stated that the benefits of the fee increase will not be realized until next April . WOODS MOVED to approve Consent Calendar Items 0 and P . Epperly seconded. Brotherton stated that it would not be incompati- ble to hold the discussions at one time . Epperly agreed with Woods and noted that the Parks Committee has dealt with Items 0 and P. She said they need to be taken care of now and that Brotherton' s proposal will cover the future . Amodt said the fee increase should be discussed under Other Business, and noted that Riverbend already has the 4th highest green fees . Orr said she does not feel Items 0 and P belong in a discussion of long range plans, and that Council should move forward with them. She noted that if necessary, changes could be made in the future . Brotherton emphasized that he is not opposed to Items 0 or P, but that he would prefer to hold the short term discussion after the long term discus- sion in order to ensure that it is clear what is 2 Kent City Council Minutes November 3 , 1998 CONSENT to be done in the long term before making a short CALENDAR term decision which might be at odds to it . Orr stated that there is not enough time to do the long term plan first . Amodt reiterated her concern about the fees, and Brotherton reiterated his opinion that the whole issue should be discussed before making the short term decision. Woods ' motion to approve Items O and P then carried with Epperly, Orr, Woods and Yingling in favor and Amodt and Brotherton opposed. MINUTES Approval of Minutes . APPROVAL of the minutes of the regular Council meeting of October 20 , 1998, with the following correction to Item 3B "Approval of Bills" : Check Numbers 205650-205886 205887-206237 Should read 206238-206507 206508-206940 WATER (CONSENT CALENDAR - ITEM 6C) Kent Springs Transmission Main Rebuild SE 228th St. ACCEPT the Kent Springs Transmission Main Rebuild SE 288th Street contract as complete and release retainage to Mosbrucker Excavating upon standard releases from the State and release of any liens, as recommended by the Public Works/ Planning Committee . The original contract amount was $501 , 492 . 05 . The final construction cost was $559, 197 . 76 (11 . 51% over) . The cost overruns were due to additional material required to complete the project . Adequate funds exist within the project budget to cover this overage . STREETS (CONSENT CALENDAR - ITEM 6D) T.I .B. Grant, S . 196th Street Corridor. AUTHORIZATION for the Mayor to sign the T. I .B. grant agreement for S . 196th Street Corridor, and direct staff to accept the grant and establish a budget for same, as recommended by the Public 3 Kent City Council Minutes November 3 , 1998 STREETS Works/Planning Committee . The Public Works Department has received a grant of $1, 194 , 608 from the Transportation Improvement Board for the construction phase of the 196th Street Corridor project . (CONSENT CALENDAR - ITEM 6F) Temporary Easement to D.O.T. For Construction Access At Riverview Park. APPROVAL of a temporary easement to the D.O.T for construction access at Riverview Park. On October 20 , the Parks Committee moved to approve and sign the agreement for a temporary easement to D.O.T. at Riverview Park. It will provide site access to construct a retaining wall on state property for the proposed HOV lane on Highway 167 . Construc- tion would occur between 1999 and October, 2002 . Disturbed areas would be restored upon completion of construction. PLATS (OTHER BUSINESS - ITEM 7A) Briarmount Final Plat FSU-96-11. This date has been set to consider the final plat application submitted by Barghausen Consulting Engineers, Inc . , for the Briarmount Final Plat . The City Council approved the preliminary plat with conditions on June 4 , 1996 . BROTHERTON MOVED to approve the staff ' s recom- mendation of approval with conditions of the Briarmount Final Plat and authorize the Mayor to sign the final plat mylar. Epperly seconded and the motion carried. (OTHER BUSINESS - ITEM 7B) Mallory Meadows (Formerly Meridian West) Final Plat FSU-96-2 . This date has been set to con- sider the final plat application submitted by Hearthside Homes, Inc . , for the Mallory Meadows Final Plat . The City Council approved the preliminary plat with conditions on February 3 , 1998 . 4 Kent City Council Minutes November 3 , 1998 PLATS Wickstrom answered questions from Yingling and Brotherton regarding streets and curbs, and said it is unlikely that speeding will be a problem. BROTHERTON MOVED to approve the staff ' s recom- mendation of approval with conditions of the Mallory Meadows Crest Final Plat and authorize the Mayor to sign the final plat mylar. Woods seconded and the motion carried. (OTHER BUSINESS - ITEM 7C) Bayberry Crest Final Plat FSU-96-3 This date has been set to consider the final plat application submitted by Bayberry Crest LLC. , for the Bayberry Final Plat . The City Council approved the pre- liminary plat with conditions on September 6, 1997 . BROTHERTON MOVED to approve the staff ' s recom- mendation of approval with conditions of the Bayberry Crest Final Plat and authorize the Mayor to sign the final plat mylar. Orr seconded. Lee Robertson, 13104 S .E . 258th, stated that after grading, his property was not restored to it ' s original grade which has resulted in water no longer flowing to the storm drain. He also voiced concern about drains that have failed. Wickstrom agreed to meet with Mr. Robertson to work out a solution to this problem. Upon Orr' s question, Wickstrom displayed a map of the area and ex- plained the work that has been done . He added that the flow has been cut down in order to resolve the problems . Brotherton commented that the engineering design seems adequate but that implementation of the design has flaws, and that the installation needs to be corrected, which would be the responsibility of the developer. Mark Wilson, developer of the plat, assured Mr. Robertson and the Council that if there is a problem, it will be taken care of immediately. Brotherton' s motion then carried. 5 Kent City Council Minutes November 3 , 1998 PUBLIC WORKS (CONSENT CALENDAR - ITEM 6E) Puget Sound Energy Easement. AUTHORIZATION for the Mayor to sign the Puget Sound Energy Easement Agreement for the purpose of constructing under- ground facilities in the vicinity of 196th Street & 72nd Avenue South, as recommended by the Public Works/Planning Committee . PARKS (CONSENT CALENDAR - ITEM 6G) Consolidated Food Management Agreement. APPROVAL of an agreement with Consolidated Food Management Inc . for payment of $40 , 000 a year for three years for expanded use of the Senior Center kitchen, as recommended by the Parks Committee . The purpose of this agreement is to provide for preparation of off-site meals to the needy. As part of this agreement , Consolidated Food Management will purchase additional kitchen equipment which will become the property of the Senior Center. Approval also to amend the Senior Center budget to include the first payment to the City. (CONSENT CALENDAR - ITEM 6H) Miscellaneous Grants and Donations. ACCEPT the funds, amend budgets and expend funds as outlined in the Parks & Recreation Department Miscellaneous Grants and Donations - 1998 chart, as recommended by the Parks Committee . The Parks and Recreation Department receives numerous grants and donations throughout the year, each under $5, 000 . (CONSENT CALENDAR - ITEM 60) Riverbend Golf Complex Transfer and Short Term Loan. APPROVAL to transfer $140, 000 from the CIP to the golf operating budget to cover the green space bond issue for 1998 ; and to provide a short line of credit of $250 , 000 for the golf operating budget to cover the year end deficit of approxi- mately $100, 000 and provide operating costs for January through May 1999 , as recommended by the Parks Committee on October 20 , 1998 . 6 Kent City Council Minutes November 3 , 1998 PARKS (CONSENT CALENDAR - ITEM 6P) Riverbend Golf Complex 1999 Fee Increase. APPROVAL to increase green fees at the 18 hole golf course by $2 . 00 per round beginning April 1, 1999 and to increase driving range fees to $6 . 00 for a large bucket of 100 balls and $3 . 00 for a small bucket of 50 balls beginning December 1, 1998, as recommended by the Parks Committee on October 20, 1998 . (OTHER BUSINESS - ITEM 7G) Riverbend Golf Course options. As requested by Councilmember Brotherton at the Council meeting of October 6, 1998 , discussion will continue on consideration of options for the Riverbend Golf Complex. Brotherton stated that since the Golf Complex was redeveloped and put in operation as it is now, it has never lived up to the financial expectations that the City has had for it . He explained that the expectations were set by a study done by Arthur Anderson. He noted that extraordinary measures have had to be taken in recent years to cover shortfalls . He said the complex has been treated as a mix of park and business enterprise and that it must be determined if it is in the best interests of the city to keep it or do some- thing else with it . He said options should be examined and the value of the asset determined. BROTHERTON MOVED to direct staff to identify the viable options for the golf course to include selling all or part of it with the proviso that it remain as a golf course . Yingling seconded. Upon Epperly' s question, Brotherton restated his motion to include all options and that all options be examined by an outside consultant . Yingling agreed. Parks Director Hodgson opined that six months would be a fair time frame to do a study, and that $20 , 000 should be budgeted. McFall agreed with 7 Kent City Council Minutes November 3 , 1998 PARKS that figure and noted that it would depend upon the scope of work. Amodt was opposed to spending money for a consultant , saying that the City should be able to determine what to do. Mayor White said that having someone outside the City look at it would probably make people more comfortable . Yingling pointed out that $20 , 000 would cover only about 100 hours of consulting time, and that it could be money well spent . Jim Stone of Riverbend stated that the golf course is not in bad shape, that the facility has been improved and that there is a good staff . He said there have been problems, but that his corporation has attempted to fix them. He read a memo he had written to the Mayor and Council assuring them that they are working with staff to address the problems . He noted that they are doing a compre- hensive study regarding a long term solution and will bring their findings and recommendations back to the Parks Committee by the end of the year. He asked the Council to be patient and said that solutions will be found. Brotherton restated his motion to specify an outside consultant in an amount not to exceed $20 , 000 . Yingling agreed. Upon Orr' s question, McFall said individual Councilmembers should offer suggestions as to the scope of work to himself or Mr. Hodgson as early as possible, and that the scope of work would be brought back to the Operations Committee for recommendation. Orr urged Councilmembers to get any suggestions or options to them in the next week. It was clarified that the study by the consultant would compliment the study being done by SSMD, as one addresses owner interest and the other focuses on improving the existing situa- tion. Upon Yingling' s suggestion that the consultant complete the study in three months rather than six, Woods said it is more important that the study be done extremely well . Orr 8 Kent City Council Minutes November 3 , 1998 PARKS agreed, noting that if the information is re- ceived in June there is still time to get it in the budget cycle . Brotherton said the challenge for the Council is to decide whether it is a park or a business enterprise, and that the study won' t be effective unless they know what they are look- ing for and are able to tell the consultant . Amodt said the City should not continue to fund the golf course . Woods called for the question. The motion to direct staff to identify the viable options for the golf course to include selling all or part of it with the proviso that it remain as a golf course, that all options be included, that all options be examined by an outside consultant, and that the amount of the consultant not exceed $20, 000 then carried. FIRE (CONSENT CALENDAR - ITEM 6I) Kina County 1998 EMS Funding Contract AUTHORIZATION for the Mayor to sign the contract with King County EMS, subject to City Attorney approval of contract documents . The contract will allow the City to receive funds as per the EMS Levy. Earlier this year an EMS levy was passed for a three (3) year period, beginning in 1999 . This levy also included funding for the 2nd half of 1998 . In order to receive these funds the City must enter into a contract for one (1) year to receive $330, 912 for 1998 . The Attorney' s Office is going through the final revisions of the contract wording. The contract for 1998 with respect to the terms of the agree- ment is similar to the previous six (6) year agreement . Authorization to sign the contract will expedite receipt of these funds . A contract for 1999, 2000, and 2001 will be presented to Council after the first of the year. SURPLUS (CONSENT CALENDAR - ITEM 6J) PROPERTY SurAlus Property Policy Repealer. PASSAGE of Resolution No. 1517 repealing Resolution No. 1030 9 Kent City Council Minutes November 3 , 1998 SURPLUS relating to procedures for disposal of surplus PROPERTY property, as recommended by the Operations Committee . Resolution No . 1030 established a process for the disposition of surplus property. Because of the diversity of property that the City needs to surplus and because determining the value of surplus property is inherently unpredictable, procedures set forth in Resolution No. 1030 have become cumbersome, time consuming, and sometimes counter-productive to achieving the best market price for the property selected for surplus . SISTER CITY (CONSENT CALENDAR - ITEM 6K) Proposed Sister City, Castlereagh, North Ireland. PASSAGE of Resolution No . 1518 relating to the formation of a Sister City relationship between the City of Kent and Castlereagh, Northern Ireland, as recommended by the Operations Committee . After receiving a presentation on Castlereagh by the Northern Ireland Sister City Committee, the Kent Sister City Association Board reviewed the proposed relationship under the City of Kent ' s Sister City Selection Criteria and recommended that the City of Kent accept Castlereagh as a new Kent sister city so that both communities can benefit through the development of economic, cultural , educational , professional/ technical , and people exchanges . POLICE (CONSENT CALENDAR - ITEM 6M) Boater Registration Fee Allocation Proiect. APPROVAL to establish a separate project to receive revenues from the distribution of vessel registration fees, and to make appropriate expenditures . The City has received two allo- cations so far for a total of $34 , 946 . 60 . The major portion of this revenue is for 1996 and 1997 . With the annexation of Lake Meridian, the Kent Police Department is now eligible to receive funds from the distribution of vessel registration fees . The State of Washington Parks and Recreation 10 Kent City Council Minutes November 3, 1998 POLICE Commission has advised that the funds were to be used solely to support the boating safety program. Program activities include enforcement, education, navigational aids, or program administration. These funds cannot be used to supplant local funding for Boating Safety Program activities . Along with the distribution of funds there will be forms for reporting annual marine law enforcement activities and expenditures . ANNEXATION (OTHER BUSINESS - ITEM 7D) Annexation Policy. On April 1, 1997, the City Council approved the current annexation policy for the City. At the Council retreat earlier this year, the Council decided to review the annexation Policy to determine if it needed to be updated. The Planning/Public Works Committee met three times to consider revisions and decided to forward the proposed revisions to the full Council without a recommendation. Planning Director Harris went over the City' s potential annexation area, noting that Kent is mostly surrounded by other cities . He pointed out an area northeast of the city which is approxi- mately four square miles in size and has a population of approximately 20, 000 people, and said there are a few other areas as well . Harris explained that some modifications, based on what is left to annex, have been made to the Annexation Policies . He noted that they have been to the Public Works & Planning Committee, who recommended that they come to Council for review without a recommendation of approval . He noted that the report shows where changes were made, and pointed out that the policies are not time- sensitive, that they are friendly to those who may want to come into the city, and that they address not diminishing existing levels of service for the sake of annexing. Harris displayed a map and showed and explained the logical areas for annexa- tion. He clarified that there is no timeline and 11 Kent City Council Minutes November 3 , 1998 ANNEXATION that annexations could be done whenever the City feels it is appropriate . Upon Orr ' s suggestion, Harris agreed to change the word "initiating" in Policy No. 3 to "considering" , so that it would read "To the extent possible, operating impacts from previous annexations need to be absorbed prior to considering additional annexations . He also agreed that the word "to" should be added to Policy No . 8 after the phrase "to the maximum extent possible, " so that it would read "After the City Council adopts an annexation ordinance, the actual date the annexation takes place shall coincide with the availability of revenue, to the maximum extent possible, to be received by the City for the annexed area . " BROTHERTON MOVED to approve the proposed amend- ments to the Annexation Policy and Annexation Strategies, as amended. Yingling seconded and the motion carried. TECHNOLOGY (CONSENT CALENDAR - ITEM GN) PLAN Telephone System Purchase AUTHORIZATION for the Mayor to sign a contract with Williams Communications for the purchase of Telecommunications Systems and Services, subject to City Attorney approval of contract documents . As part of the Technology Plan, the City Council authorized a budget of $1, 215 , 000 to replace many of the aging phone systems in the City. Together with the Telecommunications Consultant, the TMC Group, a comprehensive Request For Proposal was issued on 7/31/98 . A Phone System Selection Committee with representatives from each depart- ment participated in the education and evaluation process, demonstrations, and site visits to determine the best fit for the City' s require- ments . The Committee unanimously recommended the Williams Communications proposal , based on usability, feature sets, and technology. This 12 Kent City Council Minutes November 3 , 1998 TECHNOLOGY purchase achieves E911 compliance on all phone PLAN systems . It is anticipated that the first phase of this project (including the main PBX) will be done in mid-January, 1999 . McFall pointed out a typographical error in the expenditure required and said it should be $1, 052 , 184 . 00 . PUGET SOUND (OTHER BUSINESS - ITEM 7E) ENERGY BPA Power Allocation Policies. Under the Northwest Regional Power Act and other statutes, the Bonneville Power Administration (BPA) has an obligation to provide federal power to Northwest investor-owned utilities serving residential and small farm customers . The BPA has released a draft proposal for the sale of all electricity generated at the federal dams on the Columbia River and its tributaries . The BPA' s proposed allocation for residential and small farm customers is short of the minimum allocation recommended by the Northwest State Public Utility Commissions . The proposal includes an allocation for direct service to industries such as aluminum companies while it falls short of meeting the supply needs for the residential and small-farm customers . Puget Sound Energy has requested that the City of Kent adopt a resolution objecting to the BPA' s current allocation proposal . Bob Braukus, Manager of Community Relations, Puget Sound Energy, explained the situation and said it is an issue of equity. He noted for Brotherton that the impact could be as much as $100, 000 , 000 to PSE rate payers, based upon the BPA' s current proposal, and urged the Council to pass the proposed resolution. ORR MOVED for passage of Resolution No. 1519 relating to the Bonneville Power Administration' s proposed sale of electricity and its impacts of the allocation to residential and small-farm customers . Epperly seconded and the motion carried. 13 Kent City Council Minutes November 3 , 1998 MORATORIUM (OTHER BUSINESS - ITEM 7F) Adult Retail Establishment Moratorium. Adult book stores, adult novelty, and adult video store establishments are doing business within the City of Kent whose stock and trade is devoted in whole or in part to adult entertainment merchandise as such is defined in the Kent City Code . There is a possibility that the City could receive applica- tions for adult retail establishments that would significantly increase the amount of square feet of commercial space characterized by such uses located within the City. The Kent City Code relating to these establishments may not adequate- ly address the impacts that these uses present; therefore, the City needs time to review existing information on the impacts of these facilities . State law authorizes cities to adopt moratoriums, provided a public hearing is held within sixty days of adoption. Staff recommends passage of a resolution establishing a moratorium and the scheduling of a public hearing at the next Council meeting of November 17 , 1998 . The City Attorney said this issue was addressed by the Public Works & Planning Committee and the Operations Committee, and clarified that this deals with adult book stores, video stores and novelty stores . He explained the regulations and said it has been determined that 10% stock or trade is not enough material to be defined as an adult entertainment facility. He said staff recommends that a moratorium be established for six months to allow time for staff to review the history of these types of facilities, to deter- mine whether or not to remain with the current 20% criteria for defining these types of facilities, and to determine whether or not there are any significant impacts resulting from these facili- ties that would require them to remain regulated with zoning criteria. Lubovich pointed out that if Council decides to make a change at a later date, the matter would probably have to go to the Land Use & Planning 14 Kent City Council Minutes November 3 , 1998 MORATORIUM Board. He said there are some such establish- ments in the city, and this is not to say there have been any problems with them. He said he is not aware of any pending applications, but it is appropriate to ensure that the Constitutional standards set by the court have been met . He noted for Yingling that this type of business cannot be banned, and that he wants to be sure the existing controls are adequate . WOODS MOVED for the passage of Resolution No. 1520 imposing a moratorium on the acceptance of appli- cations for and the issuance of any business license or any building, land use, or development permit, and further setting November 17, 1998 as the hearing date for a hearing on this matter before the City Council . Epperly seconded and the motion carried. FINANCE (CONSENT CALENDAR - ITEM 6L) 1999 Budget and Tax Levy. SET November 17, 1998, as the date for a public hearing on the 1999 Budget and Tax Levy. (CONSENT CALENDAR - ITEM 6B) Approval of Bills . APPROVAL of payment of the bills received through October 15 and paid on October 15, after auditing by the Operations Committee on October 20 , 1998 . Approval of checks issued for vouchers : Date Check Numbers Amount 10/15/98 206941-207295 $ 849, 239 . 25 10/15/98 207296-207760 2 , 626 , 310 .20 $3 , 475, 549 . 45 Approval of checks issued for special payroll of October 15 and paid on October 15, 1998 . 15 Kent City Council Minutes November 3 , 1998 FINANCE AFSCME Contract Settlement Checks : Date Check Numbers Amount 10/15/98 Checks 231029-231065 $ 27, 257 . 15 10/15/98 Advices 71450-71566 120 , 961 . 39 $148, 218 . 54 Approval of checks issued for payroll for October 1 through October 16 and paid on October 20, 1998 : Date Check Numbers Amount 10/20/98 Checks 231066-231394 $ 257, 721 .44 10/20/98 Advices 71567-72117 781 , 703 . 80 $1, 039, 425 .24 COUNCIL (CONSENT CALENDAR - ITEM 6Q) (ADDED BY COUNCILMEMBER WOODS) Excused Absence. APPROVAL of an excused absence from tonight ' s Council meeting for Councilmember Clark, who is unable to attend. REPORTS Council President. Orr reminded Councilmembers of the Suburban Cities dinner tomorrow night and of the Food World luncheon on November loth. Operations Committee. Woods noted that the next Operations Committee meeting will be held at 3 : 30 p.m. on November 17 and that the 1999 Budget will be discussed. Parks Committee. Woods noted that the Parks Committee will meet on November 17 at 4 : 30 p.m. Administrative Reports McFall noted that the Public Works Department staff will hold an informal informational meeting with affected property owners regarding the potential formation of an LID to pay for a portion of the 277th corridor project on November 5 at 4 : 00 p.m. 16 Kent City Council Minutes November 3 , 1998 REPORTS McFall noted that the Public Works & Planning Committee will conduct the final assessment roll hearing on LID 340 at 3 : 30 p.m. on November 16, 1998 in the Council Chambers . EXECUTIVE At 8 : 45 p.m. , the meeting recessed to Executive SESSION Session for approximately twenty minutes . ADJOURNMENT The meeting reconvened and adjourned at 9 : 00 p.m. i Brenda Jac:,61ber, CMC City Cler 17