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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 11/17/1998 Kent, Washington November 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, Public Works Director Wickstrom, Planning Director Harris, Finance Director Miller and Parks Director Hodgson. Approximately 35 people were at the meeting. PUBLIC Lions Club Presentation. Don Fry, Lions Club COMMUNICATIONS President, 12803 231st Way, thanked the Mayor and Council for helping them development a community that it is a pleasure to live in. He then presented Mayor White, Finance Director Miller, and Parks Director Hodgson a final check in the amount of $11, 000, for a total of $33, 000 that the Lions Club has donated for the skate park. Mayor White thanked Fry and noted that the Lions Club has set the model for future skate parks . Bible Week. Mayor White read a proclamation noting that the Bible is the foundational document of the Judeo-Christian principles upon which our nation was conceived, and proclaimed November 22-29, 1998 as Bible Week in the City of Kent. CONSENT ORR MOVED to approve Consent Calendar Items A CALENDAR through I. with the exception of Item F which was removed and placed under Other Business . Woods seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 6A) Approval of Minutes. APPROVAL of the minutes of the regular Council meeting of November 3, 1998 . HEALTH & (CONSENT CALENDAR - ITEM 6G) SANITATION Cherrywood Lane. ACCEPT the Bill of Sale for Cherrywood Lane submitted by W. E. Ruth Corporation for continuous operation and maintenance of 903 feet of watermain, 1, 191 feet of sanitary sewer, 683 feet of street improve- ments and 1, 060 feet of storm sewers and release bonds after expiration period, as recommended by the Public Works Director. The project is located at 114th Avenue Southeast & Southeast 264th Street . 1 Kent City Council Minutes November 17, 1998 WATER (CONSENT CALENDAR - ITEM 6D) Tacoma Water Supply Project Interim Funding Agreement. AUTHORIZATION to direct staff to increase the previous authorization ($791, 000) associated with the design work of the Tacoma Second Supply Project to $975, 160, in order to keep the project moving ahead towards a 2004 completion date, as recommended by the Public Works/Planning Committee. SOLID WASTE (CONSENT CALENDAR - ITEM 6E) Tri-Star Disposal, Change In Control. GRANT consent to the acquisition of Tri-Star Disposal by Waste Management, Inc. as required under Section 4 . 4 . 2 of the existing contract between the City and Tri-Star. Section 4 . 4 . 2 of the City' s contract with Tri- Star Disposal provides that any change in control or controlling interest in ownership of the company must have the consent of the City or the contract shall be in default . Tri-Star is being sold to Waste Management, Inc. Therefore, City consent is required. PUBLIC WORKS (BIDS - ITEM 8B) Green River Nursery Greenhouse, Hoophouse And Storage Shod Construction. Bid opening for this project was held on November 12th with three bids received. The apparent low bid was submitted by R. L. Bates Construction, Inc. in the amount of $119, 460 . 00 . The Engineer' s estimate was $123, 184 . 98 . The Public Works Director recommends that this contract be awarded to R. L. Bates Construction, Inc. WOODS MOVED that the Green River Nursery Greenhouse, Hoophouse and Storage Shed Construction contract be awarded to R. L. Bates Construction, Inc. for the bid amount of $119, 460 . 00 . Amodt seconded and the motion carried. 2 Kent City Council Minutes November 17, 1998 TRANSPORTATION (OTHER BUSINESS - ITEM 7A) S. 277th Corridor Project (LID 351) . A property owner ' s meeting was held on November 5th regard- ing the LID assessments associated with the S . 277th Street Corridor. Assistant City Attorney Brubaker explained that the November 5th meeting was the first of many opportunities for property owners to provide input to the City and was generated as the result of a six-month notice that was sent out by the City to all affected property owners regarding their option to conduct a transportation study. He explained the LID process, noting that the notice goes out six months before the formation of the LID. He said another meeting with pro- perty owners will be held in January. Brubaker noted that the November 5th informal open house was intended to be loosely constructed with lots of staff available to answer any questions anyone could have, and to have one-on-one dialogue with affected property owners so their specific questions could be answered. He noted that after two hours no one remained and no one else came to the meeting between 6 : 15 and 7 : 00 p.m. , although staff remained until 7 : 00 . He said that the City has received complaints about how the meeting was set up, and that if people want a more formalized process, such a meeting could be set up in a location convenient to them. Brubaker then outlined the history of the project, noting that in the early 1980 ' s infra- structure was not being built at the same pace as development was, resulting in a massive increase in traffic coming off East Hill into the valley. He explained that an Environmental Mitigation Agreement was developed stating that instead of building many localized improvements, the developers would build certain necessary improve- ments to impact their development and would also agree to participate in a corridor project when the Local Improvement District was formed. He clarified that the EMA' s were based on the number 3 Kent City Council Minutes November 17, 1998 TRANSPORTATION of new trips which were generated by the develop- ment. He outlined the main points of the Environmental Mitigation Agreement and explained how the assessment amount was figured. He pointed out that one of the points was that the developer had the option to conduct a secondary traffic study once their development was complete so they could demonstrate to the city that the number of trips generated by their development was actually less than originally estimated. He added that an obligation to pay the assessment is also included in the EMA. He noted that the agreement is affixed to the property, not to the individuals . Brubaker then explained that the City cannot track title to property and that the best way they knew of at the time to provide notice to property owners was to record the agreements with the County. He said some new developments chose to prepay, and some did not generate new trips . He explained why some properties have $0 assess- ments, and that property in the county was required to prepay. He explained that the benefit for the City and the community is that the impacts of the development would be mitigated and there would be a long-term solution to transportation impacts . Brubaker noted that the City will fund approxi- mately 70% of the cost of the project, and that, if desired, payment of the assessments can be made over the life of the LID, which will be for either ten or fifteen years . He explained that on most agreements the cost per residence is approximately $1600 . He said that the first payment would be due in the summer of the year 2000, and that the amount of the payment will decline each year. Stephen Hull, 24224 95th Place South, represent- ing the Walnut Grove community, asked why the city did not give the same opportunity for the current unpaid EMA owners to pay their assess- ments prior to 1996 while the city was accepting 4 Kent City Council Minutes November 17, 1998 TRANSPORTATION payments, why the city waited 7-9 years before notifying the property owners that they must pay this assessment, whether the amount of the assessment will continue to increase based on the CPI until the city finalizes the LID, why no Councilmembers were at the informational meeting on November 5th, and why an area near Walnut Grove was not included on the map. He said the November 5th meeting did not adequately address their concerns . He pointed out that Senators Patterson and Keiser were at the meeting and are now looking at ways of drafting new legislation to address this problem. He submitted a list of questions and concerns, and said it is his understanding that the developer had no financial responsibility for the development or improve- ments to the road system. He urged the City to send another notification to all unpaid EMA property owners and hold a more formal meeting. Mike Nielson, 9725 S . 262nd Place, asked that the Council examine the use of EMAs, suggested that all should be prepaid, and noted that they are easily lost in title searches . Adrienne Lindblad, 26321 97th Avenue South, said the city let the developer walk away without paying any costs of the corridor and that the burden is now on the property owners . She displayed her title agreement and said it is inadequate from a dis- closure standpoint. George Smith, 9505 S . 241st Street, said the EMAs are a three-party agreement and that the party who did not sign it has the liability. He said the map displayed at the November 5th meeting was incomplete, and that answers to questions at that meeting were unclear. Dave Upthegrove, Legislative Assistant to Senator Julia Patterson of the 33rd Legislative District, said Senator Patterson is concerned about the financial impact and felt the notification pro- cess was not adequate. He said she is willing to work with the city and home owners to change laws if necessary, and encouraged the Council and home owners to contact her. Mayor White asked 5 Kent City Council Minutes November 17, 1998 TRANSPORTATION Upthegrove to let Senator Patterson know that the city appreciates her offer to help and will be in contact with her. Brad Epperly, 10212 S. 242nd Place, agreed that the November 5th meeting was not done well and that people did not get answers to their questions . He asked what constitutes a trip, why the amount per trip is different for property owners, and who is responsible, the developer or the home owner. He questioned the statement in the letter that home owners have no legal recourse, and asked what future surprises there may be. He spoke about being able to pay now to save future interest rates, and said the whole community should be involved. The Mayor pointed out that there will be oppor- tunities for input in the future. Brubaker then answered Hull ' s questions by explaining that property owners have an obligation to pay and that the assessment can be prepaid at any time, that the word "developer" also applies to home owners, that the city cannot control what the title companies print, that the obligation will increase incrementally, based on the Consumer Price Index, that Councilmembers were not at the November 5th meeting because it was intended to be an informational meeting where everyone could get their questions answered and that staff was available to do so, that he will get back to Mr. Hull regarding the 242nd Court property, and that another meeting can be held in a different format . Brubaker then noted for Mr. Nielson that Council will take re-examination of the use of EMAs under consideration. He explained for Ms . Lindblad that the city did not intend to act as the developer and that it was not their intent to deceive . He explained that property owners had notice through the title report, received a six- month notice before formation, and that there will be notice of the formation, notice of the preliminary assessment and notice of the final assessment, which is more notice than is required under state law for a local improvement district . 6 Kent City Council Minutes November 17, 1998 TRANSPORTATION Brubaker noted that all new construction is required to mitigate the impacts of development and that most sign Environmental Mitigation Agreements . He said this fee will be the only fee imposed for the 277th Street corridor and that a p.m. peak hour trip is any trip to or from your property between the hours of 3 : 00 and 7 : 00 p.m. on a week day. Brubaker explained the option to conduct a traffic study and offered the paperwork necessary to provide information demonstrating that they do not generate any trips . He noted that this project is a pressure relief valve, which is why properties far away are affected, and that some property owners pay more because of the condi- tions of a rezone. He explained that this is not a lien but an encumbrance on the property, and that when it is paid it is cleared from the title. Upon the Mayor' s question, Wickstrom explained that Top Foods has an agreement and that the map displayed at the meeting was not totally accurate. Mayor White asked the Public Works Committee to investigate other ways of funding in the future. Orr agreed. WOODS MOVED to make the letters from Mr. Nielsen, Mike and Julie Gillespie, and Stephen Hull part of the record. Epperly seconded. Orr made a friendly amendment to include all material received this evening. Woods and Epperly agreed and the motion carried. Orr then explained that it was her understanding that the November 5th meeting was informational and that at some point during the process the Council acts as judge and jury to make the final decision on L. I . D. s . She said she therefore felt it was best not to attend, so that property owners could gather information without the political arena being part of the process . She assured citizens it is not because Councilmembers are not interested. The City Attorney then 7 Kent City Council Minutes November 17, 1998 TRANSPORTATION explained the quasi-judicial issue to the public, and noted that at a certain point the Council is prohibited from having communication with the parties involved in the L. I . D. process . Upon Amodt ' s request, Brubaker reiterated that a six-month notice has been given, that transporta- tion studies can be conducted, affidavits regarding trips can be completed, that staff is available to answer questions at any time, and that another meeting including a presentation will be held in January or sooner. He added that when the six-month option to conduct an alterna- tive study has elapsed, staff will ask Council to consider forming the Local Improvement District . He added that there will be a hearing at a regular Council meeting, and if it is formed preliminary assessments will be determined and provided, and later a final assessment roll will be developed and provided, and that a quasi- judicial hearing on the final assessment roll will be held before the Council or a Council committee to finalize the roll. He said a municipal bond would then be obtained to fund the commitments and construction would begin approxi- mately one year after formation. Prepayment could then be made or the first payment would then be due. Mayor White suggested that the Public Works Department correct the map and that the Legal Department contact the title companies and urge them to do a better job of explaining to the public. (OTHER BUSINESS - ITEM 7B) S. 277th Corridor Conclemation. The City previously adopted Ordinance No. 3422 authorizing condemnation by eminent domain proceedings for property necessary for construction of the 277th corridor. Staff has subsequently determined that one additional property should have been included in that ordinance. This separate condemnation ordinance adds this 277th Street corridor project 8 Kent City Council Minutes November 17, 1998 TRANSPORTATION to the list of remaining properties that may be subject to condemnation if the City cannot negotiate a settlement first. CLARK MOVED to adopt Ordinance No. 3423 authorizing condemnation by eminent domain pro- ceedings for property necessary to construction the 277th Street Corridor. Woods seconded and the motion carried. (OTHER BUSINESS - ITEM 7C) (ADDED BY COUNCILMEMBER CLARK) Transportation Improvement Board Grant for 196th Street Corridor project, Pest Valley Highway to East Valley Highway. Wickstrom noted that this item was discussed at the Operations Committee today and that action needs to be taken by November 30th. He explained that the grant is for the 196th Street Corridor middle phase, and is for reimbursement of costs incurred. He noted that the amount of the grant is $1, 293, 051. CLARK commended Wickstrom for aggressively seek- ing grants and MOVED to authorize the Mayor to sign the grant agreement for the construction phase of the 196th Street corridor project, and direct staff to accept the grant and to establish a budget in the amount of $1, 293, 051 . Woods seconded and the motion carried. (OTHER BUSINESS - ITEM 7D) (ADDED BY COUNCILMEMBER CLARK) Freight Mobility Systems improvement Study. Wickstrom noted that this item was discussed by the Operations Committee today, who recommended authorizing the Mayor to sign a grant agreement with the state. He explained that the City Attorney has reviewed the agreement and added some conditions, and that the Chamber of Commerce has asked the City to be involved. CLARK acknowledged the leadership of Councilmember Yingling and MOVED to authorize the Mayor to sign the grant agreement with Washington State Department of Transportation for the Freight Mobility Systems Improvement Study, subject to the Chamber of Commerce complying with certain 9 Kent City Council Minutes November 17, 1998 TRANSPORTATION requirements established by the City Attorney, and to direct staff to accept the grant and establish a budget in the amount of $90, 000 for same. Woods seconded and the motion carried. LAND USE (OTHER BUSINESS - ITEM 7F) (REMOVED FROM THE CONSENT CALENDAR BY CITY ATTORNEY LUBOVICH) 1724 Regulations, Land Use & Planning. The Land Use and Planning Board has recommended adoption of an ordinance relating to land use and zoning, adopting new administrative procedures for the processing of project permit applications as required by the Regulatory Reform Act, Chapter 347 1995 Laws of Washington, describing general requirements for a complete application; allowing for optional consolidated permit processing, describing the process for issuance of a notice of application, setting forth the initial steps to the determination of consistency with the development regulations in SEPA, setting a timeframe for the issuance of project permits; describing the required public notice procedures for a public hearing; establishing a process for the conduct of an open record hearing and closed record decisions and appeal, describing the process for issuance of a notice of decision, adding a new Chapter 12 . 01 to the Kent City Code, in order to implement the new project permit administrative procedures, and repealing existing notice, process, and appeals provisions in Chapters 2 . 32, 11 . 03, 12 . 04, 12 . 07, 15 . 06, 15 . 08 and 15 . 09. The City Attorney explained that this issue has not been to a Council committee and said there are some small technical errors to be corrected in the ordinance. Kevin O'Neill of the Planning Department explained that this ordinance relates to the implementation of the Regulatory Reform Act . He noted that Chapter 12 . 01 contains the basic provisions for implementation of 1724, and that 10 Kent City Council Minutes November 17, 1998 LAND USE other parts of the City Code are affected. He noted that these provisions only relate to major development permits and land use permits. O'Neill pointed out that on page 90 part of the ordinance regarding notice was shown stricken and should be re-inserted. Upon questions from Orr, it was noted that calendar days and working days mentioned in the ordinance conform to State law, that the word "multiple" on page 92 could be changed to "multi", and that satellite dish antennas are measured in meters. CLARK MOVED to adopt Ordinance No. 3424 with amendments as presented to Council, adopting new administrative procedures for processing permit applications as required by the Regulatory Reform Act, Chapter 347 1995 Laws of Washington. Orr seconded and the motion carried. PLAT (CONSENT CALENDAR - ITEM 6H) Pacific Heights Final Plat FSU-96-22 . SET December 8, 1998, as the date for a public meeting to consider the final plat application submitted by Pacific Industries, for the Pacific Heights Final Plat . The City Council approved the preliminary plat with conditions on February 17, 1998 . PUBLIC DEFENSE (CONSENT CALENDAR - ITEM 6C) Public Defense Services Contract. AUTHORIZATION for the Mayor to finalize and execute a contract for public defense services with Scott Stewart for a term of two years in a form and with terms substantially similar to the proposed contract . The City' s current contract for public defense services at the Municipal Court expires December 31, 1998 . Staff has negotiated a new two-year contract with the current contractor, Scott Stewart, to provide these services at the same cost as the current contract . The City will pay $16, 500 per month plus the cost of appeals such as the cost of transcripts . The contract has a ninety day cancellation provision for both parties . 11 Kent City Council Minutes November 17, 1998 ADULT RETAIL (PUBLIC HEARINGS - ITEM 5B) Adult Retail Establishment Moratorium. On November 3, 1998, the City Council passed Resolution No. 1520 imposing a moratorium on the acceptance of applications for the issuance of any business license or building, land use, or development permit for adult retail establish- ments . State law authorizes cities to adopt moratoriums, provided a public hearing is held within sixty days of adoption. This date has been set as the date for a public hearing on this matter. After making findings, the Council may either continue the moratorium for the full six- month term or terminate the moratorium. City Attorney Lubovich explained that this deals with adult book stores, video stores and novelty shops, not other areas such as exotic dance studios. He noted that studies have been done which indicate that these types of facilities have an impact on the community. He said research is still being done and recommended letting the moratorium proceed for the full six months . Lubovich also noted that he has dis- tributed copies of the resolution containing an added section regarding temporary use permits in order to eliminate any constitutional challenges to the moratorium. He also requested authoriza- tion to enter into an agreement with a number of other jurisdictions to establish a model ordi- nance. He said the cost would be $2, 750 . 00 . 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 for passage of Resolution No. 1521 as submitted at this meeting adopting findings which the Council hereby specifically approves, and continuing the moratorium established in Resolution No. 1520 passed on November 3, 1998, relating to adult retail establishments; and further authorizing the City Attorney to enter 12 Kent City Council Minutes November 17, 1998 ADULT RETAIL into a joint defense agreement with terms and in the form substantially similar to the proposed agreement . Orr seconded. Clark commended the Law Department in their handling of this issue. His motion then carried. REGIONAL (OTHER BUSINESS - ITEM 7E) GOVERNANCE (ADDED BY COUNCIL PRESIDENT ORR) Suburban Cities Resolution. Orr noted receipt of a resolution from Chuck Booth, President of the Suburban Cities Association. McFall explained that this has to do with on-going efforts to resolve the regional governance and finance issues, and that Mayor Booth will appear before the King County Council at their budget hearings to submit resolutions adopted by as many of the suburban cities as possible. He noted that the resolution states that the County Council should adopt a 1999 budget that funds their responsi- bilities as a regional service provider, that they should eliminate property tax increases that affect all citizens until all regional revenues are used for the sole purpose of regional services, that they should increase funding of regional human services to provide a basic service package to all citizens of the county, that they should reduce rather than increase staffing levels and overhead dedicated to local services to match the decline in service popula- tion in urban unincorporated areas, and that they should require that already collected revenues for road improvements in urbanized areas be used to build road improvements in those areas . The Mayor noted that support for the suburban cities ' position is strong. Clark stated that the continued incorporation of cities taking population out of unincorporated King County has created a shift where more and more citizens are taking responsibility for their own ways of life with their own local government, but that the County continues to control the funds . He urged Councilmembers to pass the resolution. 13 Kent City Council Minutes November 17, 1998 REGIONAL ORR MOVED to pass Resolution No. 1522 addressing GOVERNANCE the proposed 1999 King County Government budget . Woods seconded and the motion carried. PARKS (BIDS - ITEM 8A) Lake Fenwick North Parking Lot. Ten (10) bids were received on November loth for the Lake Fenwick North Parking Lot Project . Staff recom- mends entering into an agreement with the low bidder, Shear Transport, Inc. , in the amount of $32, 950 . The Engineer' s estimate was $38, 000 . WOODS MOVED to enter into an agreement with Shear Transport, Inc. for the Lake Fenwick North Parking Lot Project in the amount of $32, 950 . Epperly seconded and the motion carried. COUNCIL (CONSENT CALENDAR - ITEM 6I) Excused Absence. APPROVAL of an excused absence from tonight ' s meeting for Councilmember Yingling. FINANCE (PUBLIC HEARINGS - ITEM 5A) 1999 Budget and Tax Levy. This is the third public hearing on the 1999 Budget and Tax Levy. Public input is desired and welcome. The 1999 Preliminary Budget is in balance and totals approximately $124, 000, 000 . This budget does not include a property tax increase above Referendum 47 . The Preliminary Budget document is available in the Finance and City Clerk' s Offices . Adoption is scheduled for December 8, 1998 . Finance Director Miller explained that the budget includes both the operating portion and the capital portion. She noted that the Implicit Price Deflater amount has been included in the amount of $129, 000 or . 85% . She added that the property tax levy is unknown at this time, but that she expects a decrease on the City portion of the property tax bill . She noted that the fund balance has been kept at 10% and that the City is in a healthy position. 14 Kent City Council Minutes November 17, 1998 FINANCE Mayor White opened the public hearing. Steve Anderson, 6020 S. 237th, Vice-Chair of the Human Services Commission, thanked the Mayor and Council for their continuing support of human services in Kent . He noted that in 1986 the City distributed approximately $230, 000 to human service agencies, and that the Human Services Commission recommends funding in the amount of approximately $547, 000 for 1999 . Cathy Peters, Regional Director for Catholic Community Services, noted that directors of other human service agencies are in attendance. She thanked the Mayor, Council and staff for their support . George Maffeo, 26314 97th Avenue South, asked about the cost of operation and overruns for the Riverbend Golf Course . McFall agreed to speak with Mr. Maffeo after the meeting. There were no further comments and ORR MOVED to close the public hearing. Woods seconded and the motion carried. (CONSENT CALENDAR - ITEM 6B) Approval of Bills. APPROVAL of payment of the bills received through October 31 and paid on October 31, after auditing by the Operations Committee on November 3, 1998 . Approval of checks issued for vouchers: Date Check Numbers Amount 10/31/98 207761-208027 $ 213, 926. 64 10/31/98 208028-208493 2, 463, 903 . 23 $2, 677, 829 . 87 Approval of checks issued for payroll for October 16 through October 31 and paid on November 5, 1998 : Date Check Numbers Amount 11/5/98 Checks 231395-231724 $ 259, 572 . 78 11/5/98 Advices 72118-72670 749, 863. 24 $1, 009, 436. 02 15 Kent City Council Minutes November 17, 1998 REPORTS Council President. Orr announced that the next Council meeting will be on December 8, 1998 . Operations Committee. Woods announced that the next meeting will be held on December 1st and that the 1999 Budget, the Land Use Fee Schedule Revisions, and other housekeeping items will be on the agenda. Public Safety Committee. Epperly announced that the next meeting will be held at 5 : 00 p.m. on November 24th. Public Works and Planning Committee. Clark announced that the next meeting will be held on December 7th. Parks Committee. Woods noted that prior to the Council meeting on December 8th, there will be a major artwork dedication at 6: 15 p.m. in the Centennial Building and encouraged everyone to attend. Administrative Reports . Mayor White said he has been approached by people in the recreational vehicle community about the feasibility of an RV park in Kent . He explained that he will create a task force to look into this and urged Council- members and citizens who are interested in serving on the task force to contact him. EXECUTIVE At 9: 03 p.m. , the meeting recessed to executive SESSION session to discuss pending litigation for approximately ten minutes . The meeting reconvened and adjourned at 9 : 15 p.m. Q 6e4t� Brenda Jaco er CMC City Clerk 16