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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 03/02/1999 ............... . Kent, Washington March 2 , 1999 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, Planning Director Harris, Public Works Director Wickstrom, Finance Director Miller, and Parks Director Hodgson. Approximately 50 people were in attendance at the meeting. CHANGES TO The following items were added to the agenda: THE AGENDA Legislative Update, Regional Issues, Potential Litigation, and Diversity Efforts . PUBLIC Boy Scouts. Mayor White welcomed Boy Scout COMMUNICATIONS Troop 462 and noted that they are working on merit badges in Citizenship in the Community. Kent Arts Commission 1999 Grant Recipients. Mayor White presented certificates to the following Arts Commission Grant Recipients : Northwest Renaissance Poets, Performers and Publishers, African American Cultural Center, Chinese Arts & Music Association, Rainier Symphony, Rainier Chorale, Kent Senior Activity Center, Kent Parks & Recreation Specialized Recreation, Kent Downtown Market and Kent Downtown Partnership. Representatives from the groups expressed their appreciation. Employee of the Month. The Mayor announced that Melanie Manning, Administrative Secretary at Kent Commons, has been chosen as Employee of the Month for March. He noted that in addition to her regular workload, Ms . Manning serves on numerous committees in the City. Superintendent Lori Hogan commended Manning on her competence, knowledge and willingness to take on new responsibilities, and offered her congratula- tions . Mayor White then presented Manning with the Employee of the Month plaque . (ADDED ITEM) Legislative Update Dena Laurent, Government Affairs Manager, noted that two of the issues the 1 Kent City Council Minutes March 2 , 1999 PUBLIC City is working on are protecting fish and fish COMMUNICATIONS habitat along the waterways, and meeting housing growth targets . She gave an update on these issues and offered to answer questions from Councilmembers at any time . (ADDED ITEM) Reqr+nna Issues - Suburban Cities Association. Laurent -stated that -the transition of Bellevue out of the Suburban Cities Association is appro- priate for Bellevue and the impact on the Association is minimal . (ADDED ITEM) Regional Issues - Emergency Medical Services McFall noted that he and Fire Chief Angelo are members of a task force charged with developing alternative ways of funding emergency medical services . He said it appears that recommenda- tions will involve some sort of property tax levy, lengthening the allowable levy time period from six years to ten years, voting on a perma- nent levy, changing the authority of cities with populations over 50, 000, charging a fee for services, and having King County cover regional services . He noted that he has provided input as to the City' s opinion, and asked how Councilmembers would like him to proceed. Woods thanked McFall for his efforts and urged him to hold his ground. Orr opined that this critical issue should not have to go to the voters, but should be at the top of the budget priority list . McFall said that he will update the Council again in the future . CONSENT ORR MOVED that Consent Calendar Items A through H CALENDAR be approved, including an amendment to Item E correcting the date of the meeting. Epperly seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 6A) Approval of Minutes. APPROVAL of the minutes of the regular Council meeting of February 16, 1999 . 2 Kent City Council Minutes March 2 , 1999 HEALTH & (CONSENT CALENDAR - ITEM 6G) SANITATION Canterbury Greens. ACCEPTANCE of the Bill of Sale for Canterbury Greens submitted by Southey & Associates for continuous operation and mainte- nance of 1, 168 feet of sanitary sewers, 780 feet of street improvements and 1 , 335 feet of storm sewers and release of bonds after the expiration period, as recommended by the Public Works Director. The project is .located at 125th Avenue S .E. & S .E. 264th Street . (CONSENT CALENDAR - ITEM 6H) Julie' s Addition. ACCEPTANCE of the Bill of Sale for Julie ' s Addition submitted by William E . Ruth for continuous operation and maintenance of 184 feet of watermain, 335 feet of sanitary sewers, 365 feet of street improvements and 336 feet of storm sewers and release of bonds after the expiration period, as recommended by the Public Works Director. The project is located at S .E . 264th P1 . and 114th Ave. S .E . WATER (CONSENT CALENDAR - ITEM 6C) King County Water District No 111 Franchise Agreement Ordinance. INTRODUCTION of King County Water District #111 Ordinance/Franchise Agreement which grants Water District #111 authority to operate and maintain a domestic water supply system for Water District #111' s customers residing within the City limits of Kent . Pursuant to RCW 35A.47 . 040, franchises cannot be adopted on the day of introduction, therefore this franchise will be submitted for adoption at a later date . (CONSENT CALENDAR - ITEM 6F) Kentview MPUD Amendment To Water Service Area. AUTHORIZATION for the Public Works Director to sign the Kentview MPUD Amendment to Water Service Area which authorizes Highline Water District to accept the Kentview and adjacent miscellaneous properties into their service area, as recom- mended by the Public Works/Planning Committee, 3 Kent City Council Minutes March 2, 1999 WATER and upon the City Attorney' s concurrence with the language therein. SEWER (PUBLIC HEARINGS - ITEM 5A) LID 349 S E 223rd Sanitary Sewers Final Assessment Roll . This date has been set for the public hearing on the confirmation of the final assessment roll for LID 349 . Public Works Director Wickstrom -showed a map of the area and explained that the LID is in unincorporated King County. He notedthat there are 22 properties and that the LID was created in January. He stated that there has been a 19% increase in cost and that the City will pay the $43 , 086 . 19 addi- tional cost . He also explained that property owners would have to sign annexation covenants upon connection to sewers, and that there is a mandatory sewer connection requirement . Mayor White opened the public hearing. There were no comments from the audience and ORR MOVED to close the hearing. Woods seconded and the motion carried. CLARK MOVED to direct the City Attorney to pre- pare the necessary ordinance for the final assessment roll for LID 349, S .E. 223rd Street Sanitary Sewers . Epperly seconded. Clark explained that although costs have risen, the system has failed and must be replaced. Yingling stated that it is appropriate that the City pay the addition cost of the project . Clark' s motion then carried. COMPREHENSIVE (OTHER BUSINESS - ITEM 7C) PLAN Comnrohensiye Plan and Zoninc Code Amendment CPA-98-2, Proposal L. This matter was continued at the City Council meeting of February 16, 1999, when staff stated that the Land Use and Planning Board minutes of November 30 , 1998, were incorrect . After review of the video tape, it was determined that the minutes of that meeting are correct . The Planning Department requests that the land use map designation be amended from SF-8 , Single Family Residential , 8 dwelling units 4 Kent City Council Minutes March 2 , 1999 COMPREHENSIVE per acre, to Mixed Use . The property is located PLAN north of James Street, between Fourth and Fifth Avenue S . , and is approximately 5 . 93 acres in size . The Land Use and Planning Board recommends denial of this request . Matt Jackson of the Planning Department displayed a map of the area and noted that this request is being brought forward by the Planning Department in order to implement one of the sections of the Downtown Strategic Action Plan. CLARK MOVED to approve the Land Use and Planning Board' s recommendation of denial of CPA-98-2 (1) of the proposed 1998 Comprehensive Plan Amendment . Woods seconded and the motion carried. PLATS (CONSENT CALENDAR - ITEM 6E) Emerald Ridge II Final Plat FSU-98-10 SET March 16, 1999, as the date for a public meeting to consider a final plat application by Tom O' Connor for the Emerald Ridge II final plat . The subdivision is 3 . 35 acres in size and is located at 102nd Place SE and SE 244th Street . The City Council approved the Emerald Ridge II (aka Kay) preliminary plat on January 19, 1999 . (OTHER BUSINESS - ITEM 7A) South Ridge Preliminary Plat SU-98-4 . This date has been set to consider the Hearing Examiner ' s recommendation of approval with conditions of the South Ridge Preliminary Plat application. Brotherton expressed concern about high speed traffic on S . 282nd between 132nd and 144th. Matt Jackson of the Planning Department explained that through streets are necessary to alleviate problems caused by cul de sacs, and that the developers plat the streets in their develop- ments . Wickstrom pointed out that there are natural restrictions in the area and that circulation is needed for emergency services . Fire Chief Angelo explained that several risks are involved, such as emergency response time and 5 Kent City Council Minutes March 2 , 1999 PLATS wear and tear on equipment due to speed bumps, and that decisions regarding the risks must be made . Yingling suggested that the mobility of pedestrians be considered in future plats . Upon Amodt ' s question, Wickstrom described the wet- lands in the area and said that there will not be other cross streets . He noted that traffic calming devices could be added to the project . He explained that- the developers are providing adequate buffers according to the ordinance . Upon Orr' s suggestion of traffic circles, the City Attorney noted that hearings on this plat have been held and McFall said that as long as Council stays within the layout approved by the Hearing Examiner, conditions requiring traffic calming devices on 288th Street would be appro- priate . He suggested that Engineering work with the developer to identify what type of devices . Epperly suggested that Fire and Police personnel be involved in the decision as well . CLARK MOVED to modify the Hearing Examiner' s recommendation of approval with conditions for the application of South Ridge Preliminary Plat, by requesting appropriate traffic restrictions on 282nd to reduce high speed concerns . Woods seconded. A resident of S . 282nd Street voiced concerns about safety on 144th Avenue and about drainage . Wickstrom and Joseph McGee of Baseline Engineering both spoke about the traffic, wet- lands, access and site distance. McGee agreed to work with the City regarding the concerns, and pointed out that they are in conformance with City and State requirements . Amodt voiced opposition to the plat, citing concern about the wetlands . After further questions from Yingling, Amodt and Epperly were answered, Clark' s motion carried with Amodt opposed. (OTHER BUSINESS - ITEM 7B) Meridian Ridge Preliminary Plat SU-98-8 . This date has been set to consider the Hearing Examiner' s recommendation of approval with 6 Kent City Council Minutes March 2 , 1999 PLATS conditions of the Meridian Ridge Preliminary Plat application. Wickstrom answered Brotherton' s questions regard- ing the wetland, access and developable land in the area. Mayor White pointed out that the City has ordinances and long range plans in effect giving staff- and the development community direction -on-how to develop pieces of land. Orr pointed out that in the past developers have been allowed to do the developments as they see fit and said she is not eager to open up a lot of streets . Brotherton explained that his concern is high speed traffic . CLARK MOVED to approve the Hearing Examiner' s recommendation of approval with conditions of the application of Meridian Ridge Preliminary Plat . Woods seconded and the motion carried. VISION 2020 (ADDED ITEM) AWARDS Vision 2020 Awards. Brotherton announced that he had attended the Livability Forum hosted by Vice President Gore and noted that PSRC gives awards for ideas which enhance livability in the area. He described the winning projects and said the key to success is teamwork between cities, school districts, developers, and builders . He sug- gested that department heads meet with some of these award-winning people to see how Kent ' s rules could be changed to make it possible to build more livable developments in Kent . Upon Orr' s suggestion, it was agreed that this is an appropriate topic for the upcoming retreat . CARD ROOMS (PUBLIC HEARINGS - ITEM 5B) Card Room Moratorium. On February 2 , 1999, the City Council passed Resolution No. 1525 imposing a moratorium on the acceptance of applications for the issuance of any business license or any building, land use, or development permit or approval for food or drink establishments con- ducting commercial , stimulant card games . State law authorizes cities to adopt moratoriums, provided a public hearing is held within sixty 7 Kent City Council Minutes March 2 , 1999 CARD ROOMS (60) days of adoption. This date has been set for a public hearing on the matter. The Council may either continue the moratorium for the full six month term or terminate the moratorium. City Attorney Lubovich stated that if the moratorium is continued, staff will discuss their research and the options available with the appropriate-Council committees . He emphasized that this issue deals only with commercialized card room operations . The Mayor opened the public hearing. Darrell Duffey, 4011 S . 166th Street, SeaTac, owner of Ruby' s Casino, spoke in favor of the moratorium. He requested that the City allow his business to operate from 9 : 00 a.m, to 5 : 00 a.m. , noting that if the study indicates problems with being open from 2 : 00 a.m. to 5 : 00 a.m. that he would agree to be closed during that time . He explained that being closed during that time would greatly affect his revenue, which in turn would affect the City' s revenue in tax dollars . He also noted that safety and law enforcement are regulated by the Gambling Commission. He asked for Council ' s support in letting him operate on the original schedule so that there is no conflict with the study. Upon Clark' s question, Duffey provided the names of the principals of Aztec Development . There were no further comments from the audience and ORR MOVED to close the public hearing. Woods seconded and the motion carried. CLARK MOVED to pass Resolution No. 1526 adopt- ing findings and continuing the moratorium established in Resolution No. 1525 passed on February 2 , 1999, relating to food or drink establishments conducting commercial stimulant card games . Woods seconded. Mayor White noted for Clark that the record regarding establish- ments open after 2 : 00 a.m. is not good, which is why he is opposed to being open after that time. He pointed out that other cities have issued moratoriums and outright bans . The Mayor voiced 8 Kent City Council Minutes March 2 , 1999 CARD ROOMS concern that Kent would become the magnet for gambling in South King County if action is not taken, which is not the image he and the Council have worked to develop. Clark' s motion then carried. PUBLIC (CONSENT CALENDAR - ITEM 6D) DEVELOPMENT Kent-Public IIevelonment Authority Debt Security. AUTHORITY PASSAGE of Resolution No. 1527, which confirms the City' s previous commitment to guaranty the loan to be obtained by the Public Development Authority in order to redevelop the landmark Lumberman' s Barn as the permanent site for the Kent Downtown Market . This guarantee obligation is conditioned on the City' s prior approval of the loan' s terms and conditions . DIVERSITY (ADDED ITEM) Diversity. Arthur Harvey, 16619 S .E. 251st, Kent, President of Kent Citizens Association, asked for feedback and information on the City' s diversity efforts. Mayor White stated that the information would be provided to Mr. Harvey by mail . TECHNOLOGY (BIDS - ITEM 8A) HP Netservers Purchase Agreement On January 5, 1999, Council authorized a contract with Sarcom/ NovaQuest to assist the City with the design and implementation of Microsoft Exchange . This related server hardware bid award is the second part of the project . A Request for Quote for HP Netservers and related warranties was published and six vendors responded. Unisoft was the lowest bidder with a total bid price of $93 , 192 . 72 . The City has decided not to purchase the ATL DLT tape drive identified on the quote, making the total award to Unisoft $83 , 150 . 48 . Network Manager Joe Lorenz noted for Clark that a drive which will minimize the down time put on the server during back up hours will be acquired. WOODS MOVED to authorize the Mayor to sign a purchase agreement with Unisoft for the purchase 9 Kent City Council Minutes March 2 , 1999 TECHNOLOGY of HP Netservers and related warranties in the amount of $83 , 150 .48, subject to City Attorney approval . Amodt seconded and the motion carried. FINANCE (CONSENT CALENDAR - ITEM 6B) Approval of Bills . APPROVAL of payment of the bills received through February 12 and paid on February 12 , - 1999 after auditing by the Operations Committee on February 23 , 1999 . Approval of checks issued for vouchers: Date Check Numbers Amount 2/12/99 212588-212816 $ 740, 985 .44 2/12/99 212817-213195 2 , 520 , 039 .49 $3 , 261, 024 . 93 Approval of checks issued for payroll for February 1 through February 15 and paid on February 19, 1999 : Date Check Numbers Amount 2/19/99 Checks 233678-234004 $ 256, 694 . 57 2/19/99 Advices 76380-76947 803 , 193 . 16 $1, 059, 887 . 73 REPORTS Council President. Orr reminded Councilmembers to contact the Council Secretary regarding attendance at the March 10 Suburban Cities dinner. Orr presented the Mayor with a book entitled Leonid Kuchma: Personality and President, which was received from the Ukrainian ambassador. Mayor White noted that the book will be put in the Council Office temporarily, and will then be kept with other Sister Cities information. Operatione Committee. Woods noted that the next meeting will be held at 3 : 30 p.m. on March 16 . Public Works and Planning Committee. Clark noted that the next meeting will be held on March 15 at 3 : 30 p.m. 10 Kent City Council Minutes March 2 , 1999 REPORTS Parke Committee. Woods noted that the next meeting will be at 4 :30 p.m. on March 16 . EXECUTIVE At 8 : 50 p.m. , McFall reminded Council of an SESSION executive session of approximately 30 minutes to discuss property acquisition and potential litigation. The meeting reconvened at 9 : 30 p.m. (Property WOODS MOVED -to approve Addendum Four--to the Acquisition) Purchase and Sale Agreement between Columbia Nursery and the City- of Kent for the proposed property acquisition extending closing and time to comply with conditions of agreement, and further to authorize the Mayor to sign any and all documents necessary to close the purchase pursuant to terms substantially similar to those set forth in the agreement . Orr seconded and the motion carried. ADJOURNMENT The meeting adjourned at 9 :40 p.m. 4 Brenda Ja er, CMC City Cle 11