HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 09/21/1999 Kent, Washington
September 21, 1999
Regular meeting of the Kent City Council was called to order at
7 : 00 p .m. by Mayor Pro Tem Orr. Present : Councilmembers Amodt,
Brotherton, Clark, Epperly, Woods and Yingling, Operations
Director McFall, City Attorney Lubovich, Fire Chief Angelo, Police
Chief Crawford, Planning Director Harris, Public Works Director
Wickstrom, Finance Director Miller, Parks Director Hodgson, and
Employee Services Director Viseth. Approximately 15 people were
at the meeting.
CHANGES TO Operations Director McFall requested the addition
THE AGENDA of pending and potential litigation to the
executive session.
PUBLIC Introduction of Appointee. Mayor Pro Tem Orr
COMMUNICATIONS introduced and welcomed Gerald Washington, the
Mayor' s appointee to the Kent Diversity Advisory
Board.
Day of Concern for the Hungry. Mayor Pro Tem Orr
noted that the City of Kent recognizes adequate
nutrition as a basic right for each citizen and
commits both General Fund and Block Grant dollars
to fund emergency food programs, and read a pro-
clamation declaring October 2 , 1999, as Day of
Concern for the Hungry in the City of Kent . She
encouraged all citizens of Kent to join with the
Seattle Emergency Feeding Program to help feed
those who are hungry. Arthur Lee, Director of the
Emergency Feeding Program, accepted the proclama-
tion and expressed thanks on behalf of those who
are served.
Hunting and Fishing Day. The Mayor Pro Tem read a
proclamation noting that hunting and fishing are
wholesome family activities and that hunters and
fishermen combined contribute $3 million a day
toward wildlife conservation through a variety of
federal excise taxes, voluntary contributions,
permit fees, tags and licenses . September 25 ,
1999 was proclaimed Hunting and Fishing Day in the
City of Kent and citizens were encouraged to
recognize the impact these activities have on
recreation, the environment and the economy.
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Kent City Council Minutes September 21, 1999
CONSENT The City Attorney pointed out the Comprehensive
CALENDAR Plan ordinance (Item 6C) has the wrong map
attached.
WOODS MOVED that Consent Calendar Items A through
G be approved, including an amendment to Item C to
include the correct map. Clark seconded and the
motion carried.
MINUTES (CONSENT CALENDAR - ITEM 6A)
Approval of Minutes. APPROVAL of the minutes of
the regular Council meeting of September 7, 1999 .
ANNEXATION (PUBLIC HEARINGS - ITEM 5A)
ZONING Horseshoe Acres Annexation Initial Zoning and
Area Comprehensive Plan Amendments AZ-99-1 and
CPA-99-1. On August 23 , 1999, the Land Use and
Planning Board held a public hearing on both the
annexation zoning map amendments and the compre-
hensive plan amendments for the annexation area.
This is the first of two public hearings to be
held by the City Council pursuant to state law;
the second hearing is scheduled for November 2 ,
1999 .
Planning Manager Satterstrom displayed a map of
the area and noted that it was annexed in July.
He said that the area was already in the compre-
hensive planning area and had had an industrial
designation in the County. He stated that the
Land Use and Planning Board' s recommendation is
that the entire area be zoned M-1 . He noted for
Clark that there are two access points and that
improvements are currently taking place in the
area. Amodt spoke in favor of the proposed
zoning.
Mayor Pro Tem Orr opened the public hearing.
There were no comments from the public and
BROTHERTON MOVED to close this public hearing.
Woods seconded and the motion carried. It was
clarified that the second hearing will be held on
November 2nd.
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Kent City Council Minutes September 21, 1999
COMPREHENSIVE (CONSENT CALENDAR - ITEM 6C)
PLAN & ZONING Mower/Hebert Comprehensive Plan Amendment and
AMENDMENTS Zoning Amendment. ADOPTION of Ordinance Nos . 3472
and 3473 which amend the City of Kent Comprehen-
sive Plan' s land use map designation from Mixed
Use to Low Density Multifamily Residential for a
4 . 8 acre property located generally at the north-
west corner of the intersection of South 260th
Street and 108th Avenue SE, south of Kent-Kangley
Road as amended to include the correct map. The
second ordinance amends the City of Kent zoning
map designation of the property from Office-Mixed
Use (O-MU) to Multifamily Residential Townhouse
(MR-T16) .
HEARING (OTHER BUSINESS - ITEM 7A)
EXAMINER Lake Meridian Automotive Service Center, Appeal of
Hearing Examiner' s Decision CE-99-3 . This is a
closed record appeal hearing of the Hearing
Examiner' s decision to approve a conditional use
permit in favor of Brian Pounder. The appeal is
brought by Daryl L. Dahlquist . The property is
located on the south side of the 15300 block of SE
272nd Street (aka Kent Kangley Road) and is 1 . 128
acres in size . The conditional use permit was
approved subject to conditions outlined in the
Hearing Examiner' s decision dated July 12 , 1999 .
The City Attorney explained the procedure on
closed record appeals .
Daryl Dahlquist, 15238 SE 272nd Street, said he is
in favor of the project, with the exception of the
auto repair center. He voiced concern about the
noise impact and said it has not been fully
addressed. He said he would be willing to compro-
mise by agreeing to an auto repair shop if the
applicant would agree to drop power tools, but
that he has no guarantee that the auto shop would
not go in. He said he is not opposed to other
types of businesses which do not generate noise .
Brotherton pointed out that one of the Hearing
Examiner' s conditions is that all sounds generated
by auto repair activities shall be contained with-
in the proposed building or within the property
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Kent City Council Minutes September 21, 1999
HEARING boundaries . Regarding the use of power tools and
EXAMINER keeping doors and windows closed, Orr explained
that the City can set conditions, but cannot tell
a business how to operate .
Woods noted that the Hearing Examiner heard
Dahlquist ' s concern about noise and took it
seriously, and added that if the owner does not
abide by the Hearing Examiner ' s conditions, the
issue can be re-addressed if noise becomes a
problem. The City Attorney emphasized that the
condition is that the owner contain the noise and
that it is up to him to determine how it is con-
tained. Dahlquist stated that the issue can be
re-addressed if necessary, since he did not waive
his objections .
CLARK MOVED to sustain the findings and conclu-
sions of the Hearing Examiner and affirm the
decision. Brotherton seconded and the motion
carried.
COMMUTE TRIP (CONSENT CALENDAR - ITEM 6E)
REDUCTION Commute Trip Reduction Ordinance Revision.
ADOPTION of Ordinance No. 3474 which repeals in
its entirety Chapter 6 . 12 of the Kent City Code
and enacts a new chapter 6 . 12 entitled "Commute
Trip reduction" ( "CTR" ) pursuant to, and in
conformity with, RCW 70 . 94 . 521-551, RCW 70 . 94 . 527
and the state Growth Management Act, RCW
36 . 70A. 070 (6) (E) .
This ordinance replaces the City' s existing
Commute Trip Reduction regulations with new
regulations that comply with current law. The
Commute Trip Reduction program will enable the
City to work with affected employees to establish
programs designed to reduce the vehicle miles
traveled by employees, and is also intended to
reduce the proportion of single-occupant-vehicle
trips during peak traffic periods within the city
limits and the South King County CTR zone .
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Kent City Council Minutes September 21, 1999
APPOINTMENTS (CONSENT CALENDAR - ITEM 6D)
Diversity Board Appointment. CONFIRMATION of the
Mayor' s appointment of Gerald Washington to serve
as a member of the Kent Diversity Advisory Board.
Mr. Washington is employed at The Boeing Company
where he has worked for 19 years as a Tool
Engineer. He has been a Kent resident for five
years and lived in Seattle for more than 18 years .
His daughter graduated from Kent-Meridian High
School and his son attends junior high.
Mr. Washington and his wife serve as youth
Directors/Counselors at their church.
Mr. Washington will replace Doug Easter, who
resigned, and his term will continue until
9/30/2002 .
PARKS & (BIDS - ITEM 8A)
RECREATION Neely House Renovation. The Neely House
Renovation Project bid opening held on
September 10 , 1999, produced one bid from
Father and Son Construction from Tacoma,
Washington. The Engineer' s estimate is
$170, 260 . 00 . The Parks and Recreation Director
recommends awarding the contract to Father and Son
Construction in the amount of $166, 990, plus
Washington State Sales Tax.
WOODS MOVED to authorize the Mayor to sign the
agreement with Father and Son Construction for
$166, 990 . 00 , plus Washington State Sales Tax for
the Neely House Renovation project . Brotherton
seconded. Hodgson explained for Amodt that the
number of bidders varies by project . The motion
then carried.
POLICE (CONSENT CALENDAR - ITEM 6F)
DEPARTMENT Year 2000 Criminal Justice Funding Application.
AUTHORIZATION to apply for grant funding and
establish budget documents, as required, for
CY2000 Criminal Justice Funding.
The proposed funding list for the 2000 MVET
Criminal Justice Funding application is based on
a per capita basis as in past years . The
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Kent City Council Minutes September 21, 1999
POLICE application will be submitted using the maximum
DEPARTMENT per capita amounts, totaling $146, 120 . The pro-
jected funding amount, based on the number of
agencies applying and the actual motor vehicle
excise tax revenue is projected at $132 , 969 . The
result of the I-695 vote will have a significant
impact on this funding. The application deadline
is September 24, 1999 .
(CONSENT CALENDAR - ITEM 6G)
Bureau of Justice Assistance Block Grant
Application. AUTHORIZATION to apply for grant
funding and establish budget documents, as
required, for Bureau of Justice Assistance Block
Grant . The Bureau of Justice Assistance Block
Grant is designated to support two areas : The
Family Violence Unit, and the purchase of equip-
ment to investigate computer-related crimes and
presentation equipment for training. The grant
total is $81, 910 .
FINANCE (CONSENT CALENDAR - ITEM 6B)
Approval of Bills . No information available
due to cancellation of the September 7, 1999
Operations Committee meeting.
REPORTS Council President. Orr commended City staff who
were involved in a major fire recently and asked
Fire Chief Angelo to present an update on the
incident . Angelo explained that this was a co-
operative effort and explained the strategy used
to fight the fire . He discussed sprinkler systems
and fire codes and said this likely was an acci-
dental fire . Orr extended thanks to all involved.
Operations Committee. Woods noted that the next
meeting will be held at 3 : 30 on October 5th.
Public Works & Planning Committee. Clark noted
that the next meeting will be held at 4 : 00 on
October 4th.
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Kent City Council Minutes September 21, 1999
EXECUTIVE At 8 : 10 p.m. , McFall reminded the Council of an
SESSION executive session of approximately 30 minutes to
discuss labor negotiations, pending litigation and
potential litigation.
The meeting reconvened at 8 : 42 p.m.
Police Officer' s Association Collective Bargaining
Agreement. EPPERLY MOVED that upon final review
and approval of the City Attorney' s Office,
authorize the mayor to sign a two-year collec-
tive bargaining agreement with the Kent Police
Officer' s Association (KPOA) , Captain' s and
Lieutenant ' s contract, effective January 1, 1999
through December 31, 2000 ; in addition, upon final
review and approval of the City Attorney' s Office,
authorize the Mayor to sign a two-year Successor
Agreement with the KPOA, Captain' s and
Lieutenant ' s Collective Bargaining Agreement
effective January 1, 2001 through December 31,
2002 .
Woods seconded and the motion carried.
Schneider Homes Appeal. CLARK MOVED to approve
the proposed agreement for dismissal of the
Schneider Homes Appeal and to authorize the City
Attorney to execute any and all documents relating
to the same.
Brotherton seconded and the motion carried.
Green River Natural Resources Enhancement Area
Contract. CLARK MOVED to authorize the City
Attorney to enter into a settlement agreement with
Paul Brothers, Inc . in the amount of $50, 000 in
exchange for release and settlement of all claims
by Paul Brothers in relation to the Green River
Natural Resources Enhancement Area contract .
Brotherton seconded and the motion carried.
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Kent City Council Minutes September 21, 1999
EXECUTIVE S. 277th Street Corridor Settlement Agreement.
SESSION CLARK MOVED to authorize the Public Works Director
to enter into a settlement agreement with Charley
Kieffer for certain earthwork, fencing and trees
in exchange for release and settlement of certain
claims pertaining to the construction of the 277th
St . Corridor Project .
Brotherton seconded and the motion carried.
ADJOURNMENT The meeting adjourned at 8 :45 p.m.
Brenda Jac er CMC
City Clerk
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