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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 07/20/1999 Kent, Washington July 20, 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, Fire Chief Angelo, Planning Director Harris, Public Works Director Wickstrom, Parks Director Hodgson and Employee Services Director Viseth. Approximately 25 people were at the meeting. CHANGES TO Council Meeting. Epperly added Other Business THE AGENDA Item 7D regarding the time of the Council Meeting of August 3 , 1999 . Executive Session. McFall added pending and potential litigation to the Executive Session. Consent Calendar Items. McFall made comments regarding Consent Calendar Items 6E and 6G as shown in the minutes . PUBLIC National Night Out. Mayor White read a proclama- COMMUNICATIONS tion noting that it is important that all citizens of Kent know the value of crime prevention pro- grams and the impact that citizen participation can have on reducing crime and drug abuse. He proclaimed August 3 , 1999, as National Night Out and encouraged citizens, neighborhoods and communities to participate. Lt . Woods accepted the proclamation and noted that at least 14 neighborhoods are participating this year, and that the City placed 17th nation-wide last year for a city of this size. CONSENT ORR MOVED that Consent Calendar Items A through J CALENDAR be approved as amended. Woods seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 6A) Approval of Minutes . APPROVAL of the minutes of the regular Council meeting of July 6, 1999 . PUBLIC WORKS (BIDS - ITEM 8A) Mill Creek Interurban Pedestrian Trail Bridge. The bid opening for this project was held on May 25th with eight bids received. The apparent low bid was submitted by Paul Scalzo in the amount of $63 , 908 . The Engineer' s estimate was $43, 170 . 1 Kent City Council Minutes July 20, 1999 PUBLIC WORKS The Public Works Director recommends that this contract be awarded to Paul Scalzo. CLARK MOVED that the Mill Creek Interurban Pedestrian Trail Bridge contract be awarded to Paul Scalzo for $63 , 908 . Woods seconded and the motion carried. PLAT (CONSENT CALENDAR - ITEM 6J) Stone Wood Final Plat FSU-97-13 . APPROVAL of the staff ' s recommendation of approval with conditions of the Stone Wood Final Plat and authorization for the Mayor to sign the final plat mylar. This final plat application was submitted by Jim Merritt of H&M Building and Development for the Stone Wood Final Plat . The City Council approved the preliminary plat with conditions on July 13, 1998 . ZONING CODE (OTHER BUSINESS - ITEM 7A) AMENDMENTS View Regulations Zoning Code Amendment ZCA-99-6 . The Land Use and Planning Board held a public hearing on June 28, 1998, regarding amendments to the Zoning Code related to the existing view regulations . The Board recommended adoption of the staff ' s recommendation as outlined in the July 28 staff report with two additional amendments as outlined on page 5 of the July 28 LU&PB minutes. Kevin O 'Neill of the Planning Department noted that regulations have been in place since 1973 which are meant to regulate the placement of buildings on hillsides to protect views . He explained that planning and legal staff has expressed concerns about some of the existing provisions of the ordinance. He stated that the Land Use and Planning Board supported amendments which would make the regulations more legally defensible and recommended adding a provision which would allow some administrative flexibility. He noted that the Board was concerned about variances and had recommended that the applicant post some kind of information showing how high the building would be, so that other property owners would be able to see how they would be affected by the variance prior to the public hearing. 2 Kent City Council Minutes July 20, 1999 ZONING CODE Upon questions from Councilmembers, O'Neill AMENDMENTS explained that the recommendation is to clarify the height of the complete structure rather than the height of a story, and that the intent is to keep the regulatory framework as it has been but to make it more clear and legally defensible. He explained that the building height is measured from the lowest point of the property. CLARK MOVED to approve the Land Use and Planning Board' s recommendation to amend the view regula- tions as outlined in the zoning code amendment, and to direct the City Attorney to prepare the necessary ordinance. Woods seconded. Clark commended the Land Use and Planning Board for their efforts. The motion then carried. (OTHER BUSINESS - ITEM 7B) Condominium Zoning Strategies Zoning Code Amendment ZCA-99-5. On April 19, 1999, the Public Works and Planning Committee referred the matter of condominium zoning to the Land Use and Planning Board. The Board held workshops, conducted a tour of existing condominium projects, and held a public hearing on the matter on June 28, 1999 . Following the public hearing, the Board voted to recommend that a new zoning district called MR-T be created which would permit townhouse condominiums . Fred Satterstrom of the Planning Department explained that MR-T is multiple-family residential townhouse, which is similar to MR-G zoning, but that MR-T allows townhomes only and requires the filing of a condominium plat prior to the issuance of a Certificate of Occupancy. He noted that the existing MR-G zone has a height limit of 2 . 5 stories and 401 , while MR-T is proposed at a limit of 3 stories and 301 . Satterstrom stated that land owners will have to go through the rezoning process. He explained that the Land Use and Planning Board proposed adding one additional criteria to the existing four, which reads that "the proposed rezone site is adjacent to or has convenient access to an arterial street to ensure 3 Kent City Council Minutes July 20, 1999 ZONING CODE that the traffic accessing the MR-T development AMENDMENTS minimizes the disruption to single family resi- dential developments" . Satterstrom summarized that the only thing being proposed is the creation of a zoning district, and emphasized that no land is being rezoned to MR-T. He also stated that if Council wants to adopt MR-T zoning, it must be done soon in order to be available for the 1999 Comprehensive Plan Amendment process . Clark voiced concern about changing from 2 . 5 stories to 3 stories, and Satterstrom said the Board seemed to feel 3 stories with a garage on the main level is acceptable. Upon Brotherton' s question, Satterstrom said that most are general conditional uses such as utility substations which are allowed in all zoning districts; he said if the Council ultimately wants to replace the MR-G zone with MR-T, he would recommend that the uses shown remain in tact; and he noted that if a single- family residence and a townhome were on one piece of MR-T property, the density would probably be proportionate. Upon Orr' s question, the City Attorney noted that an ordinance would have to be passed in August in order to meet the September 1 filing deadline for Comprehensive Plan review. He added that the ordinance would be effective five days after publication. Satterstrom explained for Orr that condominiums can now be built on land currently zoned multi-family, and that language saying one of the three stories is to be a garage could be added. Orr asked whether the potential for rezones could be restricted; Satterstrom said the intention is to create opportunities for home ownership, not to convert single-family lands to multiple-family. Mayor White stated that this proposal does not get at the issue of multi-family housing, and asked why a condominium zone cannot be created which includes property now zoned for apartments. Satterstrom explained that there are legal ramifications in requiring condominiums only in all multiple-family zones, and that there is an 4 Kent City Council Minutes July 20 , 1999 ZONING CODE option to have the city apply MR-T zoning to AMENDMENTS vacant lands . Orr suggested including something in the ordinance which would allow buildings taller than three stories in the downtown area to promote some resi- dential densities, especially in light of the transit station and so forth. Satterstrom explained that zoning regulations in the downtown area currently have very few restrictions on residential development, and that taller buildings could be built . Amodt stated that taller build- ings would be good in one sense, but that traffic congestion must be taken into consideration. Epperly stated that apartments create traffic problems, but condominiums do not because they are owner-occupied. She said she prefers to encourage townhomes, and said they would not need to be restricted to being next to an arterial . Upon Yingling' s question, Satterstrom stated that the MR-T approach, along with other things, will provide an incentive for affordable, owner- occupied housing. He added that there are enough safeguards that it will not create frivolous applications. Woods stated that this is a step in the right direction, and expressed appreciation to the Land Use and Planning Board. She asked how condominium owners would be classified in the Planning Department data; Mayor White asked that condo- minium owners be differentiated. Harris noted that state and U.S . census statistics consider more than five units in one building multi-family, but agreed to differentiate in local statistics . Satterstrom noted for Yingling that comprehensive plan amendments and rezones are now processed concurrently, and that 8500 sq. ft . is required in order to have a lot large enough to develop two units . CLARK MOVED to refer this issue to the Public Works and Planning Committee . Brotherton seconded and the motion carried. 5 Kent City Council Minutes July 20, 1999 FIRE (CONSENT CALENDAR - ITEM 6C) DEPARTMENT King County EMS Regional Cooperative Purchasing Agreement. AUTHORIZATION for the Mayor to sign the Cooperative Purchasing Agreement with King County. The 1998 - 2003 EMS Strategic Plan called for implementation of a Regional Purchasing Program for the purchase of EMS supplies and equipment . A Regional Purchasing Committee was formed to facilitate planning and designing this countywide program. The King County Regional Purchasing Committee developed a one-year pilot project which was initiated in March 1998 . Participation was voluntary for all providers and agencies were able to order any items identified on the product list . The pilot project concluded in March 1999 and the Regional Purchasing Program went through a formal bid process for a one-year contract (with options to renew for two additional years) to select the most appropriate vendor for the program. By participating in this Cooperative Purchasing Agreement the City will be able to receive the best price available for medical supplies . (CONSENT CALENDAR - ITEM 6H) Justice Department Grant For Emergency Preparedness Equipment. APPROVAL and AUTHORIZATION for the Mayor to sign both the Certification and Assurances Document and the Distribution Agreement as proposed. King County was awarded $499, 650 by the U. S . Department of Justice under the State and Local Domestic Preparedness Equipment Support Program Project . The purpose of the grant funding was to purchase and distribute a limited amount of personal protective, chemical and biological and radiological detection and decontamination equip- ment to some local response agencies . The King County Office of Emergency Management has been designated Grant Manager for this project . The equipment provided is considered part of the mutual aid resources available under the mutual 6 Kent City Council Minutes July 20, 1999 FIRE aid agreements already in place among fire, EMS, DEPARTMENT hazardous materials service providers and law enforcement . POLICE (CONSENT CALENDAR - ITEM 6D) DEPARTMENT Laptop Computers Purchase. APPROVAL of the purchase of twenty laptop computers from Datec, Inc . to be used as Mobile Data Terminals (MDT' s) . This includes two FDD cables for a floppy disk, as well as two CD Roms, which will simplify program- ming and maintenance . (CONSENT CALENDAR - ITEM 6I) Donation to Police Volunteers. ESTABLISHMENT of a special project account for the Police Volunteers and acceptance of a donation from the Kent Rotary Club in the amount of $3, 273 , as recommended by the Public Safety Committee. PARKS & (BIDS - ITEM 8B) RECREATION West Fenwick Handball Courts. The West Fenwick Park Handball Court Project was designed to pro- vide the only handball courts in the Kent area and replaces the unsafe handball courts demolished at Garrison Creek Park. The Engineer' s estimate for the project is $100, 000 . 00 . Staff recommends that a contract be awarded to the low bidder for construction of handball courts at West Fenwick Park, as detailed in the bid specifi- cations and plans . Hodgson noted that two bids were received and that the low bidder was Mer-Con Construction in the amount of $143, 641 . 00 . Although higher than the estimate, he recommended adoption. WOODS MOVED that the West Fenwick Handball Court construction project be awarded to Mer-Con Construction for $143 , 641 . 00 plus Washington State Sales Tax. Epperly seconded and the motion carried. EMPLOYEE (CONSENT CALENDAR - ITEM 6E) SERVICES Permit Process Additional Staff. APPROVAL and AUTHORIZATION to amend the 1999 Budget in the amount of $397, 079 to add a total of 13 positions, as recommended by the Operations Committee. 7 Kent City Council Minutes July 20, 1999 EMPLOYEE In order to implement the recommendations con- SERVICES tained in the Zucker report with respect to shortening response times for issuance of develop- ment permits in the city, staff has determined that additional personnel are required. It is recommended that the additional positions be authorized as an amendment to the 1999 Budget in order to commence the improvements as soon as possible. McFall clarified that 13 positions had been requested and approved by the Committee . (CONSENT CALENDAR - ITEM 6F) Technical Staff Positions, Furniture & Rental Fees. APPROVAL and AUTHORIZATION to revise the 1999 Operating Budget and Technology Plan Budget to include technical staff positions and rental fees included in June 28, 1999 memorandum to Brent McFall and to revise the Capital Facilities budget by $90, 000 for furniture for Information Services staff . FACILITIES (OTHER BUSINESS - ITEM 7C) Emeraency Backup Generators Contract. Disaster preparedness and Y2K issues prompted the City to advertise a Request for Statement of Qualifications for emergency generator design at City Hall, Police Centennial, Kent Commons and City Shops . ECS Engineering Inc. was selected to do the design. Staff recommends the Council authorize entering into an agreement with ECS Engineering, Inc . for the amount of $210, 781 . 00, plus Washington State Sales Tax for the Emergency Generator project . Upon Brotherton' s question, Hodgson explained what ECS Engineering would be doing on the project, and noted that they are experts in this type of work. WOODS MOVED to authorize the Mayor to enter into an agreement with ECS Engineering Inc . for $210, 781 . 00, plus Washington State Sales Tax for emergency generator design services at selected City of Kent sites . Epperly seconded and the motion carried. 8 Kent City Council Minutes July 20, 1999 ECONOMIC (OTHER BUSINESS - ITEM 7D) DEVELOPMENT Washington Economic Development Finance Authority _(WEDFA) . On June 23 , 1999, the Washington Economic Development Finance Authority approved a resolution relating to the issuance of non- recourse revenue bonds wherein the proceeds would be loaned to Pyramid Plastics, LLC, for the purchase and installation of multimedia packaging manufacturing equipment in the City of Kent . It is a policy of the Washington Economic Development Finance Authority to obtain approval of the city within whose planning jurisdiction the proposed industrial development facility lies prior to approval of the issuance of the revenue bonds . The proposed resolution, if passed, would provide the required approval . McFall explained that this is a way of lending the credit worthiness of the government and therefore reduced interest rates for economic development purposes . He added that these are non-recourse bonds and that the indebtedness lies totally with the private corporation. He then recommended adoption of the resolution. WOODS MOVED to adopt Resolution No. 1547 approving the issuance of tax exempt non-recourse economic development revenue bonds by the Washington Economic Development Finance Authority for the purpose of financing the purchase and installation of multimedia packaging manufacturing equipment by Pyramid Plastics, LLC. Orr seconded and the motion carried. COUNCIL (OTHER BUSINESS - ITEM 7E) (ADDED ITEM) Council Meeting Change. Epperly said it is important for the Council to support the Police Department and citizens by attending National Night Out . SHE MOVED to adopt Ordinance No. 3468 changing the time of the regularly scheduled Council meeting of August 3 , 1999, from 7 : 00 p.m. to 5 : 00 p.m. effective only for that Council meeting; except to the extent it affects the City 9 Kent City Council Minutes July 20, 1999 COUNCIL Council ' s August 3 , 1999 meeting this ordinance does not amend Section 2 . 01 . 020 of the Kent City Code. Woods seconded and the motion carried. FINANCE (CONSENT CALENDAR - ITEM 6B) Approval of Bills. APPROVAL of payment of the bills received through June 30 and paid on June 30, 1999, after auditing by the Operations Committee on July 6, 1999 . Approval of checks issued for vouchers : Date Check Numbers Amount 6/30/99 219428-219490 $1, 006, 213 . 99 6/30/99 219491-219957 2 , 350 , 185 .27 $3 , 356, 399 .26 Approval of checks issued for payroll for June 16 through June 30, 1999, and paid on July 2 , 1999 : Date Check Numbers Amount 7/2/99 Checks 236735-237113 $ 279, 186 . 61 7/2/99 Advices 81691-82307 805 , 207 . 87 $1, 084, 394 .49 (CONSENT CALENDAR - ITEM 6G) CLID 340 & 349 Bond Sales. APPROVAL of Ordinance No. 3467 for CLID bond sales of $13 , 221, 661, and AUTHORIZATION for the Mayor to sign the purchase contract with Dain Rauscher, underwriters for City LID bonds, as recommended by the Operations Committee at their July 6th meeting. The bond sales are for street construction on 196th Street and for installation of sewers on SE 223rd Street NE. McFall pointed out that the ordinance has been revised by the addition of a fourth column indicating the terms of the bonds . He added that the estimated average coupon rate is 5 . 5784 on the bond sale. REPORTS Council President. Orr noted that since the Council meeting of August 3rd will begin at 5 : 00 p.m. , there will be no workshop that night . 10 Kent City Council Minutes July 20, 1999 REPORTS Operations Committee. Woods noted that the next meeting will be held at 3 :30 p.m. on August 3rd. Public Safety Committee. Epperly stated that the next meeting will be at 5 : 00 p.m. on July 27th. Public Works/Planning Committee. Clark distri- buted copies of a letter from the King County Department of Transportation recruiting members to serve on a new transit advisory committee. He noted that the deadline to apply is August 6th. Parks Committee. Woods noted that the Parks Committee will not meet at its regular time in August, and that it may meet on August 3rd or at a special time. Mayor White urged anyone interested in serving on the Arts Commission to provide a letter of interest . Administrative Reports. McFall reminded Council of an executive session of approximately 20 minutes to discuss labor negotiations and pending and potential litigation. EXECUTIVE The meeting recessed to executive session at SESSION 8 : 15 p.m. ADJOURNMENT The meeting reconvened and adjourned at 9 : 00 p.m. Brenda Jacob r, CMC City Clerk 11