HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 12/08/1998 Kent, Washington
December 8, 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, Fire Chief
Angelo, Planning Director Harris, Public Works Director
Wickstrom, Finance Director Miller, Parks Director Hodgson, and
Employee Services Director Viseth. Approximately 45 people were
at the meeting .
CHANGES TO City Attorney Lubovich asked that an Executive
THE AGENDA Session be held dealing with pending litigation,
and that Item 7H (TM Investment Comprehensive
Plan and Zoning Code Amendment) be discussed
after the Executive Session. He also requested
that Item 8A be added regarding the purchase of
carpeting for the Centennial Center.
(Kentview) Terry Bowman, 20827 144th Avenue SE, asked that
the Kentview P .U.D. be added to the agenda. He
explained that the Seattle Motorcycle Club is
being displaced by the development and that they
would like to stay within the city limits . He
also said that the property which has been
approved is the last buffer between the old dump
and the Cedar River and that toxic waste settles
on this and properties near their motocross
track. He said he has reason to believe that
there are in excess of fifty dump truck loads of
a toxic slag which was dumped by Bethlehem Steel
Mills in the 1950s . Bowman said the motorcycle
club has provided one of the only spots in the
state where inner city youth and other groups can
participate in an outdoor activity called "Ready
to Ride" . He pointed out that their races and
hill climbs draw over 1 , 000 visitors to the area.
Mayor White suggested that Bowman speak with
Planning Director Harris and Public Works
Director Wickstrom regarding his concerns . Rick
Harpster, 4453 S . 170th, SeaTac, agreed that the
area needs to be investigated. Orr requested
that staff report to Council on this issue .
Later in the meeting, Jim Anderson said he has
questions about Kentview and the reconsideration
process . He was referred to Planning Director
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Kent City Council Minutes December 8, 1998
(Kentview) Harris and Public Works Director Wickstrom. The
City Attorney offered to speak with Anderson
after the meeting .
PUBLIC Drinking Driver Task Force Presentation. Nancy
COMMUNICATIONS Mathews, Drinking Driver Task Force Coordinator,
expressed appreciation to the Mayor and Council
for their continued support , and introduced
members Kevin Ruoff, Rod Blalock, Richard Manoli,
and Mary Lou Becvar. She stated that the steering
committee recently adopted a letter of recommit-
ment . Mike Buckingham then noted that the Task
Force has reduced deaths and injuries from
impaired driving, and has increased awareness all
across South King County. He invited Council-
members and the public to attend their conference
for youth on December 14 , 15 and 16 , and added
that they have begun equipping officers with
knowledge on how to apprehend DUIs . Mayor White
said the Task Force is recognized state-wide as a
leader in this field.
Introduction of Mayor' s Appointees. Mayor White
announced his appointments and introduced those
in attendance .
Employee of the Month. Mayor White announced
that Jim Vinzant of the Planning Department has
been chosen as Employee of the Month for
December. He noted that Vinzant knows the
intricacies of the federally funded Home Repair
Program, and instills a true sense of confidence
in the ability of the program.
Planning Director Harris said Vinzant is a "can
do" person and he appreciates his good attitude
and hard work. Home Repair Coordinator Jerri
Broeffle said Vinzant has grown as a force in
Kent and that many home owners have commended him
for his attention to detail , safety and quality
of work, as well as his caring attitude .
Mayor White presented Vinzant with the Employee
of the Month plaque, and expressed appreciation
for his hard work.
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Kent City Council Minutes December 8 , 1998
CONSENT ORR MOVED for approval of Items A through X,
CALENDAR with the exception of Item J which was removed.
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 17, 1998 .
SEWERS (CONSENT CALENDAR - ITEM 6U)
Kent-Meridian High School Sanitary Sewer Repair.
ACCEPT the Kent Meridian High School Sanitary
Sewer Repair contract as complete and release
retainage to Insituform West, Inc . upon standard
releases from the State and release of any liens,
as recommended by the Public Works Director. The
original contract amount was $53 , 855 . 83 . The
final construction cost was $46, 481 . 18 .
(CONSENT CALENDAR - ITEM 6V)
LID 349, S. 223rd Street Sanitary Sewer. ACCEPT
the LID 349 - S . 223rd Street Sanitary Sewer
contract as complete and release retainage to
Laser Underground upon standard releases from the
State and release of any liens, as recommended by
the Public Works Director. The original contract
amount was $284 , 456 . 96 . The final construction
cost was $282 , 121 . 55 .
PLANNING (OTHER BUSINESS - ITEM 7E)
Pacific Heights Final P1at.FSU-96-22 . A final
plat application was submitted by Pacific
Industries, for the Pacific Heights Final Plat .
The City Council approved the preliminary plat
with conditions on February 17 , 1998 .
CLARK MOVED to approve the staff ' s recommendation
of approval with conditions of the Pacific
Heights Final Plat and authorize the Mayor to
sign the final plat mylar. Woods seconded and
the motion carried.
(OTHER BUSINESS - ITEM 7F)
Mixed Use Development CPA-98-3/ZCA-98-5 . In July
the Planning Department and the Land Use and
Planning Board were asked by the Mayor and City
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Kent City Council Minutes December 8 , 1998
PLANNING Council to consider amendments to mixed use
zoning with regard to multi-family residential
development in the GC zoning district . The Land
Use and Planning Board held a public hearing on
October 26, and are recommending no change to the
Comprehensive Plan and Zoning Code relating to
multi-family residential development in mixed use
areas .
Clark pointed out that there is no recommendation
from staff and suggested referring this item to
the Public Works and Planning Committee . There
was no objection and it was so ordered.
(OTHER BUSINESS - ITEM 7G)
Ketola Regulatory Review ZCA-98-6 . The Land Use
and Planning Board held a public hearing on
November 23 , 1998, and recommended that the M-2
zoning district be amended to allow dart playing
facilities as principally permitted uses .
CLARK MOVED to approve the Land Use and Planning
Board' s recommendation that the M-2 zoning
district be amended to allow dart playing as a
principally permitted use and direct the
Attorney' s Office to prepare an ordinance . Woods
seconded and the motion carried.
(OTHER BUSINESS - ITEM 7I)
Land Use Fee Schedule Revisions. The Operations
Committee has recommended approval of an updated
fee schedule for land use permits and other
planning reviews and approvals . The matter was
reviewed by the Operations Committee at their
November 17 and December 1, 1998, meetings .
Diana Nelson of the Planning Department explained
that land use fees were first established in 1979
and that the last significant revision to the
current fee schedule took place twelve years ago.
She added that in March, 1993 , the zoning permit
fee was increased from $25 to $32 . She pointed
out that the City does not currently charge for a
number of permits and services provided to
property owners, citizens and developers which
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Kent City Council Minutes December 8, 1998
PLANNING other cities charge for, and said that if the
permit applicant does not pay the full cost of
processing the permit, local taxpayers pay the
remainder of those costs through their taxes .
She noted that the Planning Department has
studied the costs and time required for
processing of permits and fees, and concluded
that the current fees do not cover the
administrative portion of processing costs, and
sometimes not even expenditures for advertising,
mailing and Hearing Examiner fees . She explained
amendments approved by the Operations Committee
to address affordable housing and mixed use
buildings .
Upon Clark' s question, Nelson explained that
advertising of most applications is required by
law. She pointed out that advertising can cost
up to $1200 each and that the application fee is
$500 . She also noted that although costs
continue to rise, the fees have not been changed.
Brotherton spoke in favor of raising fees to
cover costs . Nelson noted for him that the
proposed fee schedule will not be 100% fee-
supporting on all applications, and that in fact
a decision was made to subsidize certain kinds of
development such as lot line adjustments and
variances for single-family homeowners . She
added that in some cases estimates must be made .
Upon Brotherton' s question, she stated that the
impact on a building permit for a single-family
dwelling would be minimal, and that the impact
would be in the preliminary plat stages which
would increase considerably due to the processing
time . Mayor White suggested a yearly update to
committees regarding fees .
CLARK MOVED to adopt Ordinance No. 3434 repealing
and revising Section 11 . 03 . 730 of the Kent City
Code and repealing Ordinance Nos . 2171, 2178 ,
2249, 2403 , 2667 and 3098 relating to land use
application fees and adopting Resolution No. 1524
establishing a new fee schedule for planning and
land use applications filed with the City of
Kent . Woods seconded.
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Kent City Council Minutes December 8, 1998
PLANNING Amodt said the increases will impact everyone in
Kent and will discourage small developers . She
urged Councilmembers not to impose the full
increase, but to do incremental increases over
time, saying that a five-fold increase at one
time is not acceptable. She expressed hope that
the added staff will expedite the processes for
developers who are initially paying for the
services and passing the costs along to buyers .
Clark said the intent of the proposed ordinance
is to bring into alignment what is being done
with the cost of doing it . He added that the
proposed fee schedule encourages certain types of
development, such as those buying a start-up
home. He noted that as densities grow greater, a
new type of development must be looked at, which
this fee schedule does . He urged the Council to
support the resolution.
Yingling spoke in support of the revisions,
noting that a slow permit process can cost
thousands of dollars and that developers would
not mind paying a little more in fees to save
time in the permit process . He said they have
found very little negativity from builders on
raising the fees if the performance is improved.
He was opposed to incremental fees . Upon
Epperly' s question, Mayor White noted that an
audit is currently being done in the building
permit area and recommendations will be made in
January. He also noted that three of the
positions proposed in the budget are contingent
upon this funding mechanism, and that an average
of $13 , 000 , 000 a month in building permits is
being processed. Orr stated that one of the
biggest complaints she hears is that the City
does not process permits fast enough and that it
costs money when projects are delayed, and that
during the committee process she did not hear any
complaints from developers . She said that
processing permits in a timely manner would
probably save them money. She spoke in favor of
reviewing the fees annually.
The motion then carried with Amodt opposed.
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Kent City Council Minutes December 8 , 1998
TELECOMMUNI- (CONSENT CALENDAR - ITEM 6J)
CATIONS (REMOVED BY COUNCILMEMBER CLARK)
TCI Merger with AT&T. The Operations Committee
has recommended passage of a resolution approving
the proposed merger of TCI and AT&T subject to
certain conditions, specifically the AT&T agree-
ment that all its cable operations purchased from
TCI within the City of Kent will remain subject
to the City' s franchise agreement .
Clark explained that this merger may result in
the expansion of telecommunications services and
that the city must be prepared to regulate them.
HE THEN MOVED to approve the Operations
Committee ' s recommendation to pass Resolution
No. 1523 . Woods seconded and the motion carried.
LODGING TAX (CONSENT CALENDAR - ITEM 6K)
Lodging Tax. ADOPTION of Ordinance No. 3426
levying a special excise tax of one percent (1%)
for lodging for the purpose of paying all or part
of the cost of tourism promotion or tourism-
related facilities .
PARKS & (BIDS - ITEM 8A)
RECREATION Carpet Purchase for Centennial Center. Through
the State Bid Contract, Facilities staff secured
pricing from three vendors to purchase
replacement carpet for City space in the
Centennial Center. DuPont Flooring Systems was
the low bidder at $67, 945 . 59 for carpeting and
$44, 393 . 99 for installation, (plus WSST) . Staff
is requesting immediate action so that all
necessary materials can be ordered for
installation in February, 1999 .
Parks Director Hodgson explained that the
carpeting will be in squares, which are more
easily replaced when damaged.
WOODS MOVED to authorize entering into agreement
with DuPont Flooring Systems for the purchase and
installation of carpet for the Centennial Center
in the amount of $121, 914 . 45 , including
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Kent City Council Minutes December 8, 1998
PARKS & Washington State Sales Tax. Orr seconded and the
RECREATION motion carried.
NEWSLETTER (CONSENT CALENDAR - ITEM 6E)
Kent Reporter/City Newsletter Contract. APPROVAL
of and authorization for the Mayor to sign the
1999 Kent Reporter contract for the publication
of a monthly City newsletter.
At its December 1, 1998 meeting, the City Council
Operations Committee unanimously recommended
approval of the contract to publish a one page
monthly City newsletter in the Kent Reporter.
The newsletter content and layout would be
completed in-house . Distribution would be to all
Kent households in the incorporated boundary.
The expenditure includes the Kent Reporter
contract as well operating funds for additional
graphics production work and materials .
PARKS & (CONSENT CALENDAR - ITEM 6N)
RECREATION 1999 City Art Plan And Five-Year City Art Plan.
ACCEPTANCE of the 1999 City Art Plan and Five-
Year City Art Plan for 1999-2003 .
In compliance with the general procedures of the
City Art Program, Ordinance No. 2552 , Kent Arts
Commission budgets for all City art program pro-
jects are compiled annually. Proposed projects
are for 1999-2003 .
(CONSENT CALENDAR - ITEM 60)
Arts Commission Membership. ADOPTION of
Ordinance No. 3428 amending Section 4 . 02 . 030 of
the Kent City Code relating to membership in the
City Arts Commission, establishing certain
requirements for appointment .
(CONSENT CALENDAR - ITEM 6P)
Pets In Parks. ADOPTION of Ordinance No. 3429
regarding removal of pet waste in City parks .
City staff received numerous complaints from
citizens relating to dogs off leash and
animal feces in parks and on trails . City
staff proposes changes to Kent City Code
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Kent City Council Minutes December 8 , 1998
PARKS & Section 8 . 03 . 030 requiring pet owners to have
RECREATION their pets on a leash and requiring them to clean
up after their pets .
POLICE (CONSENT CALENDAR - ITEM 6W)
Consolidated Food Management Contract. APPROVAL
of and authorization to extend the Consolidated
Food Management Contract through December 31,
1999, as recommended by the Public Safety
Committee .
The City of Kent Corrections Facility contracts
for food services with Consolidated Food
Management, Inc . This contract is due to expire
on December 31, 1998 . Pursuant to the renewal
option, as outlined in Section 11 . 01 of the
contract, both parties request to extend the
contract for an additional year. The Corrections
Facility has been very pleased with the services
provided by Consolidated Food Management, Inc .
and its staff . There are no wording or payment
schedule changes associated with this request and
the extension covers the period from January 1,
1999 through December 31, 1999 .
(OTHER BUSINESS - ITEM 7J)
Bureau of Justice Administration Grant
Application. In order to receive approximately
$250 , 000 in grant application funds, the Kent
City Council must first authorize the Police
Department to apply for the grant . The deadline
for the grant application is December 15, 1998 .
EPPERLY MOVED to authorize the Police Department
to apply for the Bureau of Justice Administration
grant application. Orr seconded and the motion
carried.
INFORMATION (CONSENT CALENDAR - ITEM 6F)
SERVICES Software Maintenance Contract. APPROVAL of and
authorization for the Mayor to sign a contract
with CIS for the maintenance of the City' s
Finance, Payroll, and Production Management
Systems, subject to City Attorney approval of
contract documents, as recommended by the
Operations Committee .
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Kent City Council Minutes December 8, 1998
INFORMATION (CONSENT CALENDAR - ITEM 6G)
SERVICES Wide Area Network Equipment Purchase. APPROVAL
of and authorization for the Mayor to sign a
contract with Cisco Systems for the purchase of
network hardware for wide area networking,
subject to City Attorney approval of contract
documents, as recommended by the Operations
Committee .
(CONSENT CALENDAR - ITEM 6H)
PC Purchase. ACCEPTANCE of the quote of
$157, 629 . 90 from Technology Express for the
purchase of eighty-seven Hewlett-Packard Pentium
II personal computers, and authorization for the
Mayor to execute the necessary documents to
complete the purchase, as recommended by the
Operations Committee .
(CONSENT CALENDAR - ITEM 6I)
Parks System Software Purchase. APPROVAL of and
authorization for the Mayor to sign a contract
with Escom Software Services Limited for the
purchase of a Parks and Recreation System and
Services, subject to City Attorney approval of
contract documents, as recommended by the
Operations Committee .
FINANCE (CONSENT CALENDAR - ITEM 63)
Approval of Bills . APPROVAL of payment of the
bills received through November 16 and paid on
November 16 after auditing by the Operations
Committee on November 17, 1998 .
Approval of checks issued for vouchers :
Date Check Numbers Amount
11/16/98 208494-208776 $ 675, 309 . 85
11/16/98 208777-209144 2 , 435 , 108 .49
$3 , 110, 418 . 34
Approval of payment of the bills received
through November 30 and paid on November 30
after auditing by the Operations Committee on
December 1, 1998 .
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Kent City Council Minutes December 8, 1998
FINANCE Approval of checks issued for vouchers :
Date Check Numbers Amount
11/30/98 209145-209382 $ 850, 105 . 30
11/30/98 209383-209751 1, 894 , 884 . 32
$2 , 744, 989 . 62
Approval of checks issued for payroll for
November 1 through November 15 and paid on
November 20, 1998 :
Date Check Numbers Amount
11/20/98 Checks 231725-232040 $ 246, 381 . 01
11/20/98 Advices 72671-73221 797 , 387 . 49
$1, 043 , 768 . 50
(CONSENT CALENDAR - ITEM 6C)
Accounts Receivable Write-Offs . APPROVAL of the
write-offs for 1997 past due accounts receivables
of $19, 122 . 80 , as recommended by the Operations
Committee .
(CONSENT CALENDAR - ITEM 6D)
Petty Cash/Change Fund Amendment. ADOPTION of
Ordinance No. 3425 transferring $1, 500 from the
Change Fund to the Petty Cash Fund, as recom-
mended by the Operations Committee.
(CONSENT CALENDAR - ITEM 6L)
Tenant/Facility Improvement Budget. APPROVAL of
and authorization of tenant improvement budgets
totaling $1, 291, 000 with "intent to bond" and
reimburse expenditures in Spring of 1999, for
Centennial, City Hall and other City facilities,
as recommended by the Operations Committee on
December 1, 1998 .
(CONSENT CALENDAR - ITEM 6M)
1998 Budget Adiustment. ADOPTION of Ordinance
No. 3427 for the July to December 1998 budget
adjustments totaling $16, 729, 927 , approval of a
line of credit up to $200 , 000 to cover housing
and community development costs at year-end until
they are reimbursed by King County and a line of
credit up to $250, 000 to the Riverbend Golf
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Kent City Council Minutes December 8, 1998
FINANCE Complex as approved by Council on November 3 ,
1998, and as recommended by the Operations
Committee at their December 1, 1998 meeting.
(OTHER BUSINESS - ITEMS 7A-7D)
1999 Budget and Tax Ordinances. City Attorney
Lubovich explained that Other Business
Item A, the tax levy capacity protection
ordinance, preserves the City' s right to make
adjustments for urgent need in the future, and
that Items B, C & D are interconnected with each
other.
Finance Director Miller further explained the
ordinances . She noted that this is the largest
annual budget ever adopted, and it has the
smallest property tax increase. She added that
the budget contains 47 . 6 new full-time positions,
keeping the level at 10 . 4%, with a focus on
public safety with 6 police positions and 7 fire
positions . She noted that if citizens see an
increase in their property taxes, it is due to an
increase in their assessed valuation or to
increases from the school district, county or
state .
(OTHER BUSINESS - ITEM 7A)
1999 Tax Levy Capacity Protection. The
Operations Committee recommended adoption of an
ordinance which states the Council ' s intent to
levy an amount equal to inflation as measured by
the implicit price deflator of 0 . 85%, but to
protect the Council ' s future right to levy the
maximum allowable, authorizes a limit factor of
6% over last year' s highest allowable levy. This
ordinance requires passage by a supermajority of
Council .
WOODS MOVED to approve Ordinance No. 3430
protecting the future right of the Council to
levy the maximum amount by authorizing a limit
factor of 6% over the last year' s highest
allowable levy. Epperly seconded and the motion
carried unanimously.
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Kent City Council Minutes December 8 , 1998
FINANCE (OTHER BUSINESS - ITEM 7B)
1999 Tax Increase for Inflation. The Operations
Committee has recommended adoption of an
ordinance establishing the actual increase in the
regular tax levy at a rate equal to inflation as
measured by the implicit price deflator, which is
0 . 85% . The amount of the tax increase is
$129, 123 in addition to the amounts added for new
construction, any increase in state assessed
property, annexations, and the refund fund levy.
WOODS MOVED to approve Ordinance No. 3431
establishing the regular property tax increase to
an amount of $129, 123 , which is equal to the rate
of inflation as measured by the implicit price
deflator of 0 . 85% . Epperly seconded and the
motion carried.
(OTHER BUSINESS - ITEM 7C)
1999 Tax Lew. The Operations Committee has
recommended adoption of a traditional tax levy
ordinance which establishes the actual tax levy
in dollar amounts . They recommend a levy of
$17, 175, 994 for the General fund levy, and
$1, 832 , 413 for the Debt Service Funds .
WOODS MOVED to approve Ordinance No. 3432
establishing the regular property tax levy of
$17, 175, 994 for the General fund and $1, 832 , 413
for the Debt Service funds . Epperly seconded and
the motion carried.
(OTHER BUSINESS - ITEM 7D)
1999 Budget. The Operations Committee has
recommended adoption of the 1999 Operating and
Capital Budget . The budget is the Preliminary
Budget document plus the technical corrections
approved at the December 1 , 1998 Operations
Committee meeting. The Budget is in balance and
includes a 10 percent General Fund reserve of
$5 , 354 , 412 .
WOODS MOVED to adopt Ordinance No. 3433 adopting
the Final 1999 Operating and Capital Budget .
Epperly seconded.
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Kent City Council Minutes December 8, 1998
FINANCE Orr thanked the Operations Committee for their
efforts and expressed appreciation for the
Economic Division Coordinator and 2 additional
police officers . Miller explained for her that 3
police officers will be hired in January, 1 in
May and 1 in September, and that 2 fire positions
will be hired in January, 2 in April and 3 in
May. She explained that the dates are
coordinated with entry into the Academy. She
also explained that the Budget Analyst and
Economic Division Coordinator will be hired in
January. Orr pointed out that Council has
approved a real estate excise tax and urged
councilmembers to try to keep a hold-the-line
attitude regarding taxes . She said she is
generally pleased with the budget, especially the
fund to begin acquiring development rights to
agricultural land. Yingling thanked Miller and
the Finance Department for a readable document,
and thanked City staff for creating a pro-family
and pro-business budget . Woods also commended
all departments for a wonderful job. Mayor White
thanked the Council for their work and
cooperation. The motion then carried.
APPOINTMENTS (CONSENT CALENDAR - ITEM 6Q)
Land Use And Planning Board Reappointments.
CONFIRMATION of the Mayor' s reappointment of Brad
Bell , Steve Dowell, and Ron Harmon to continue
serving as members of the Kent Land Use and
Planning Board. Their new terms will continue
until 12/31/2001 .
(CONSENT CALENDAR - ITEM 6R)
Human Services Commission Reappointments And
Appointment. CONFIRMATION of the Mayor' s re-
appointments of Pastor John Jendresen and Melvin
Tate to continue serving as members of the Kent
Human Services Commission. Their new terms will
continue until 1/1/2002 .
CONFIRMATION of the Mayor ' s appointment of Edna
White to serve as a member of the Commission.
Ms . White is a long time Kent resident . She is
active in Kent Soroptimists and is a past presi-
dent . She is a member of the Kent Performing
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Kent City Council Minutes December 8, 1998
APPOINTMENTS Arts Center Board of Directors, serves as a
member of the Board of the Southcenter Merchants
Association, and is a member of the Kent Chamber
of Commerce . Ms . White will replace Dee Moschel ,
whose term has expired, and she will represent
the Service Clubs category. Her new term will
continue until 1/1/2002 .
(CONSENT CALENDAR - ITEM 6S)
Drinking Driver Task Force Reappointments And
Avvointments. CONFIRMATION of the Mayor' s re-
appointment of Rod Blalock and Peter Mourer to
continue serving as members of the Kent Drinking
Driver Task Force . Their new terms will continue
until 1/1/2002 .
CONFIRMATION of the Mayor ' s appointment of
Richard Manoli to serve as a Task Force member.
Mr. Manoli is employed by the Washington State
Liquor Control Board and is Acting Director of
the Kent office . He will replace Jim Sawyers
whose term expired. Mr. Manoli ' s new term will
continue until 1/1/2002 .
(CONSENT CALENDAR - ITEM 6T)
Regional Justice Center Citizens Advisory
Committee Reappointment. CONFIRMATION of the
Mayor ' s reappointment of Don Villeneuve to
continue serving as a member of the RJC Citizens
Advisory Committee . His new term will continue
until 1/1/2001 .
(CONSENT CALENDAR - ITEM 6X)
Bicycle Board Appointment. CONFIRMATION of the
Mayor' s reappointment of Robert Hoffman and Steve
Babbitt to continue serving as members of the
Kent Bicycle Advisory Board. Their new terms
will continue until 12/31/2000 .
REPORTS Council President. Orr thanked citizens for
their participation, staff for their support, and
her colleagues for making her first year as
Council President an enjoyable one . She wished
everyone a happy holiday season.
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Kent City Council Minutes December 8, 1998
REPORTS Operations Committee. Woods noted that the next
meeting will be on January 5, 1999, at 3 : 30 p.m.
Public Safety Committee. Epperly announced that
there will not be a committee meeting this month
and that timing will be reviewed in January. She
noted that donations are still being accepted for
Senior Cheer baskets at the Police station and
Toys for Joy at the Fire stations .
Public Works/Planning Committee. Clark announced
that the committee will not meet again in
December, and that the second meeting in January
will be held on Wednesday, January 20th due to
the holiday on the 18th. He also noted that a
letter from six of the councilmembers regarding
the National Bible Week proclamation is being
forwarded to the press, and that the letter
states that the Mayor' s actions do not reflect
the position of the City Council and the Council
does not believe it is the job of the City to
promote any particular religious text . Amodt
later stated that she did not sign the letter
because the Bible is not a church and is
therefore not in conflict with the separation of
church and state. She supported the Mayor in
proclaiming Bible Week.
Parks Committee. Woods noted that the committee
will meet at 4 : 30 p.m. on January 19, 1999 .
EXECUTIVE At 8 :32 p.m. , City Attorney Lubovich reminded
SESSION the Council of an executive session of
approximately 10-15 minutes . The meeting then
recessed.
The meeting reconvened at 8 : 50 p.m.
PLANNING (OTHER BUSINESS - ITEM 7H)
TM Investment Comprehensive Plan and Zoning
Amendment. The Land Use and Planning Board
approved a comprehensive plan and zoning
amendment for TM Investment during its 1997
annual comprehensive plan and zone amendment
process . The approval was granted on the
condition that the owner deed a portion of the
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Kent City Council Minutes December 8, 1998
PLANNING property as a public right-of-way for the
widening and improvement of 116th Avenue SE and
Kent-Kangley Road. On January 20, 1998, the City
Council approved the Land Use and Planning
Board' s recommendation subject to adoption of the
necessary ordinances; however, on February 3 ,
1998 , at the request of the applicant, this
matter was pulled from the ordinances with the
understanding that it would be submitted to the
Council at a later date following fulfillment of
the condition to approval . As of this date, the
condition has not been fulfilled. Staff is
asking that the City Council consider and deem
the application expired for failure to fulfill
the condition of approval .
CLARK MOVED to confirm the Comprehensive Plan
Amendment and rezone requested by TM Investments,
Inc . (CPA-97-3 (E) and CPZ-97-5) , so long as the
owner files with an escrow agent suitable to both
parties by 3 : 00 p.m. on December 14 , 1998, a
fully executed Quitclaim Deed that will transfer
all necessary property on the TM Investment
property for use as City Right-of-Way; but the
selected escrow agent shall be given instructions
to record the Quitclaim Deed upon passage of the
ordinance finalizing the Comprehensive Plan
Amendment and rezone; however, should TM
Investments, Inc . fail to provide the fully
executed original deed to the escrow agent by the
time stated above, then TM Investments, Inc . ' s
Comprehensive Plan Amendment and rezone shall be
deemed expired and fully terminated;
AND
to authorize the City Attorney to execute a
stipulated dismissal of its eminent domain
proceeding against TM Investments, Inc . that
includes the following conditions :
1 . The City will obtain a lot line adjustment
acceptable to the parties that combines that
portion of lots 59 and 60 of the subdivision of
Lindental , (King County Recording #9112241094 ,
recorded on December 24 , 1991 , in volume 159 of
17
Kent City Council Minutes December 8 , 1998
PLANNING Plats at pages 33 through 40) lying north of the
centerline of the Natural Growth Protection
Easement with all of lot 62 of that same
Lindental subdivision, subject to necessary slope
and utility easements for the City' s South 277th
Street Corridor right-of-way, and all subject to
a final legal description satisfactory to both
parties .
2 . TM Investments will pay the City Thirty
Thousand dollars upon completion of the City' s
lot line adjustment upon the condition that the
City quitclaim all its interest in the above-
described property to TM Investments, Inc .
3 . The City will allow construction of driveways
with attendant lane-turning movements on the site
as previously discussed, subject to the agreement
of both parties .
4 . Without limiting the discretionary functions
of the Land Use and Planning Board or the City
Council , the Public Works Department is
authorized to support the rezone of the above-
described property to a Neighborhood Community
Commercial zoning designation.
Woods seconded and the motion carried.
ADJOURNMENT The meeting adjourned at 8 : 55 p.m.
Brenda J Joer, CMC
City Clerk
18