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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. 1 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. 2 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 3 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 . 4 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 5 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. 6 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. 7 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 8