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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 01/18/1994Kent, Washington January 18, 1994 Regular meeting of the Kent City Council was called to order by Mayor White at 7:00 p.m. Present: Councilmembers Bennett, Clark, Houser, Johnson, Mann and Woods, Acting Chief Adminis- trative Officer McFall, City Attorney Lubovich, Planning Director Harris, Public Works Director Wickstrom, Fire Chief Angelo, Police Chief Crawford, Acting Finance Director Miller, Acting Parks Director Thorell and Acting Human Resources Manager Viseth. Approximately 85 people were at the meeting. PUBLIC Rent Jaycee Week. Mayor White read a proclama- COMMUNICATION tion declaring the week of January 16-22, 1994 as Kent Jaycee Week in the City of Kent. He encouraged all citizens to recognize and appre- ciate the past and continuing service provided by the Kent Jaycees. The proclamation was presented to Stan Hicks. CONSENT BENNETT MOVED that Consent Calendar Items A CALENDAR through Q, excluding Item D, be approved. Houser seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 3A) Approval of Minutes. APPROVAL of the minutes of the special Council meetings of December 30, 1993, and January 2, 1994, and the regular meet- ing of January 4, 1994. HEALTH & (CONSENT CALENDAR - ITEM 3M) Family Homes Short Plat. AUTHORIZATION to SANITATION accept the bill of sale and warranty agreement submitted by WBH, Inc. for continuous operation and maintenance of 328 feet of water main, 328 feet of street improvement and 150 feet of storm sewers and release of bonds after expiration of the maintenance period, as recommended by the Public Works Committee. The project is in the vicinity of SE 254th Street & 114th Avenue SE. (CONSENT CALENDAR - ITEM 3N) Stone Pine East Sewer Extension. AUTHORIZATION to accept the bill of sale and warranty agree- ment submitted by Chaffey Corporation for continuous operation and maintenance of 1,008 feet of sanitary sewer improvements and release of bonds after expiration of the maintenance period, as recommended by the Public Works Committee. The project is in the vicinity of SE 213th Place & 104th Avenue SE. 1 January 18, 1994 HEALTH & (CONSENT CALENDAR - ITEM 3OAUTHORIZATION to SANITATION Robinson Sewer Extension. accept the bill of sale and warranty agreement submitted by Grace Robinson for continuous operation and maintenance of 371 feet of sani- tary sewer improvements and release of bonds after expiration of the maintenance period, as recommended by the Public Works Committee. The project is in the vicinity of 94th Avenue South & South 232nd Street. STREET (PUBLIC HEARINGS - ITEM 2B) VACATION S. 231st Street (Landing Way) Street Vacation STV -94-1. This public hearing is to consider an application by Birtcher VDL Land Partnership to vacate Landing Way from 64th Avenue South to South 228th Street as referenced in Resolution No. 1374. Mayor White declared the public hearing open. Jack McCullough, 701 - 5th Avenue, Seattle, spoke on behalf of Birtcher VDL Land Partnership and noted that the proposal is to eliminate the street so land can be planned more consistently with the development pattern of the last few years. He explained that Landing Way no longer serves a role in the plat for which it was originally designed and that Birtcher is in support of the staff's report presented with the proposed conditions. He requested the Council to support the vacation. There were no further comments or questions from the audience. WOODS MOVED to close the public hearing. Johnson seconded and the motion carried. JOHNSON MOVED to approve the Planning Department's recommendation of approval with conditions of an application to vacate Landing Way from 64th Avenue South to South 228th Street as referenced in Resolution No. 1374, and to direct the City Attorney to prepare the neces- sary ordinance upon receipt of compensation. Bennett seconded and the motion carried. 2 January 18, 1994 TRAFFIC (CONSENT CALENDAR - ITEM 3E) CONTROL LID 344 - Traffic Si nal at 108th & 240th. ADOPTION of Ordinance No. 3152 forming the Local Improvement District for the installation of a traffic signal at SE 240th Street & 108th Avenue Southeast, as recommended by City Council. (BIDS - ITEM 5A) Signal at Reiten Road & Jason Avenue. Bid opening was held on January 4th with six bids received. Because the low bid was submitted by FAX and the second low bidder has implied a possible legal challenge, it is the Public Works Department's recommendation, as concurred with by the Public Works Committee, that the prudent approach would be to reject all bids and re- schedule the project for re -bid. Public Works Director Wickstrom explained that because the lowest bid was received by FAX and created some improprieties to the bid process, it would be best to reject all bids and re -bid the project. WOODS MOVED that all bids be re- jected and that the project be re -bid. Bennett seconded and the motion carried. PUBLIC WORKS (CONSENT CALENDAR - ITEM 3I) Mill Creek Canyon Erosion - Acceptance. AUTHORIZATION to accept as complete the contract with Golf Landscaping, Inc. for the Mill Creek .Canyon Erosion project, and release of retainage after receipt of State releases, as recommended by the Public Works Committee. (CONSENT CALENDAR - ITEM 3J) North 4th Avenue Street Rebuild - Acceptance. AUTHORIZATION to accept as complete the contract with M. A. Segale, Inc. for the North 4th Avenue Street Rebuild project, and release of retainage after receipt of State releases, as recommended by the Public Works Committee. (CONSENT CALENDAR - ITEM 3K) 1993 Asphalt overlays - Acceptance. AUTHORIZATION to accept as complete the contract with Lakeside Industries for the 1993 Asphalt Overlays project, and release of retainage after receipt of State releases, as recommended by the Public Works Committee. January 18, 1994 PUBLIC WORKS (CONSENT CALENDAR - ITEM 3L) Reiten Road Landslide Repair - Acceptance. AUTHORIZATION to accept as complete the contract with Pile Contractors, Inc. for the Reiten Road Landslide Repair project, and release of retainage after receipt of State releases, as recommended by the Public Works Committee. (CONSENT CALENDAR - ITEM 3P) Conservation Futures Grant. AUTHORIZATION for the Mayor to sign the King County Conservation Futures Grant Agreement upon the City Attorney's concurrence with the language therein, for the receipt of grant funds to acquire land and/or open space for: A) Kent Lagoons Wetlands/ Wildlife Enhancement project; B) the Upper Mill Creek Canyon Park; and C) the Riverview park; as recommended by the Public Works Committee. STREETS (OTHER BUSINESS - ITEM 4A) LID 343 - Street Im rovements on 111th Avenue SE (Sequoia Sidewalks). The Public Works Commit- tee has recommended adoption of a resolution setting February 15th as the public hearing date for LID 343 Street Improvements on 111th Avenue SE from Kent-Kangley Road to Sequoia Junior High School. Bennett explained that several months ago the Kent School District approached the City re- garding installation of a sidewalk on 111th as it enters into Sequoia Jr. High School. He explained that the asphalt currently runs over to the ditch which is on both sides so when it rains the children have to jump into the ditch, across the ditch, or walk directly into traffic. He expressed concern that when a better and safer way for children to get to school was requested, the City made a monumental project out of it. He suggested that the safety issue be addressed first with either a gravelled or paved sidewalk, and then the money for the LID be used elsewhere. WOODS MOVED to adopt Resolution No. 1382 setting February 15, 1994 as the public hearing date on LID 343. Mann seconded and the motion carried. 4 January 18, 1994 ANNEXATION (CONSENT CALENDAR - ITEM 3F) Everson Annexation. ADOPTION of Ordinance No. 3153 authorizing the Everson Annexation in the vicinity of 93rd Avenue South & South 222nd Street, as recommended by City Council. ANNEXATION (PUBLIC HEARINGS - ITEM 2C) ZONING Chestnut Ridge Annexation Proposed Initial Zoning (AZ -93-1). This is the second of two required hearings for the proposed initial zoning of the Chestnut Ridge Annexation area. The first hearing was held on December 7, 1993. The Planning Commission recommends approval of the zoning designation outlined in Alternative #1. Planning Manager Satterstrom gave a brief over- view and updated the Council on the proposed initial zoning. He explained that most of the area is being proposed for R1-7.2 zoning, and a small area for RA zoning which is one unit per acre. He noted that the resolution presented on December 7, 1993 had the entire area on the comprehensive plan for single-family residen- tial, and that the Planning Commission's zoning recommendation is consistent with the Comprehen- sive Plan recommendation. He explained that if Council chooses to adopt Alternative 1 then no change is needed for the Comprehensive Plan Amendment, but if the Council adopts or makes significant changes then the Comprehensive Plan Map Designation Resolution under Consent Calendar Item 3D would also have to be changed. The Mayor declared the public hearing open. Kevin Crane, 3409 NW 65th Street, Seattle, explained that he is an attorney representing a number of homeowners in the Chestnut Ridge area marked 9.6 which is on the upper side where Copper Ridge is located. He noted that home- owners are concerned about sliding down the hill, or being slid into by others in the fu- ture, as testimony was given at the December 7, 1993 hearing. He stated that approximately 50 homeowners he represents are requesting the RA zoning designation be pushed up into the 9.6 area also because of the steep slopes. He noted that the slopes are an erosion hazard made up of 5 January 18, 1994 ANNEXATION alderwood soils which could present great build - ZONING ing difficulties in the future. He explained that this area cannot support any higher density or increased development, and that the community is unanimous in having this area designated as RA. Gary Gedika, 20529 - 7th Avenue South, President of the Chestnut Ridge Homeowners Association, noted that the association is also in favor of the RA zoning. Upon White's ques- tion, Satterstrom clarified that the Planning Commission is recommending the R1.96 zoning, and that public hearings have been held on this issue. Upon Woods question, Satterstrom ex- plained some of the factors leading to the Planning Commission's proposal of Alternative 1. He noted that north of 208th is a little less steep, access is a little better than south of 208th, and that the pre-existing zoning in King County was 9600. Donna Williamson, 20211 - 92nd Avenue South, noted that she is below the Chestnut Ridge area, and that she has been a resident in that location since 1970. She noted concern with the 9.6 zoning coming from the County because of another situation where the land around her was suggested to remain RA which was also suggested by City staff, and then changed to 7.2 even though nothing has been developed at this point. She noted that the Environment Impact Statement (EIS) which found this area to be very sensitive is being disre- garded, and that the City should take a closer look at the area consisting of mobile homes, 50 -year old homes, and $300,000 homes. Ed Heineman, 10824 SE 244th Street, a member of the Planning Commission, explained that a major factor in the Commission's decision was based upon an understanding that no matter what they designated this area, it would be 9.6 because of a legal commitment of some type, as discussed at the public hearing. Lubovich noted that he is not aware of any legal constraints or obliga- tions regarding zoning for the Chestnut Ridge area but that there is an issue of vesting, which is a different situation. Satterstrom reminded the Council that if the zoning were changed to RA, the comprehensive plan and the amendment would have to be changed as well. 2 January 18, 1994 ANNEXATION Andrew Fuller, 20628 - 95th Avenue South, ZONING expressed that a more extensive RA would make more sense because of the steepness of the area, and hopes the City will take into consideration some portion of the very steep ravine for a green belt or park area because it would be very well suited for that purpose. Anne McTavish, 20437 - 94th Avenue South, noted that the slopes do carry on through the hillside going north into the 7.2 zoning area, and noted that she is in favor of the RA. John Staneff, 20312 - 96th Avenue South, noted that he is just a little north of the 9.6 zoning area, and that he recom- mends the RA zoning as well. Allen Black, 1233 Federal Avenue East, Seattle, stated that he is one of four owners of the RA property, and that one of his main concerns is that.without a planned unit development, it almost becomes a form of taking. He noted that when there is a low density in land with steep slopes on the top and south end, there is no ability to put the 29 units under the proposed zoning. He urged the Council to have some rapport with the Planning Department in re -instituting the planned unit development which was in the City of Kent several years ago. He noted that this would be a contemporary, enlightened way of dealing with the land, and that this land cannot be used to the benefit of both the community and the homeowners without that kind of zoning. Jeanette Nuss, Planning Commission member, explained that the Commission concluded that Comprehensive Plan #1 was the best alternative because several of the residents spoke to them about drainage problems, the steepness of the slopes, the soil not being suitable to build upon, and several other things that led the Commission to believe that Comprehensive Plan #1 would be the best, and that is why they didn't go with the clustering recommendation. Mark McKay, 9421 South 205th Place, noted that he has lived directly above the hillside for 10 years. He expressed that his greatest concern with 208th being a very steep and narrow road and if it is developed with 9.6 zoning, the emergency vehicles may have a difficult time responding in the wintertime. He also noted that when there is snow or ice on 208th, it is usually closed to VA January 18, 1994 ANNEXATION traffic. John Kastien, 20609 - 94th Avenue ZONING South, noted that he endorses the RA zoning and that the needs of the community should be addressed rather than the needs of the investor. Allen Black clarified for Kastien that he was not suggesting the change of RA zoning at this point but that he was asking Council and the Planning Department to give consideration for a future planned unit development zoning ordinance which the City used to have. He noted that zoning is something the population and community want, but tools are needed to do the best job possible and that it's important for a differ- entiation to be made. There were no further comments from the audience. WOODS MOVED to close the public hearing. Houser seconded. Planning Director Harris noted that if the Council's motion is to approve the Planning Commission's recommendation, the motion should include "and direct the City Attorney to draw up the necessary ordinance". The motion to close the public hearing then carried. WOODS MOVED to amend the Planning Commission's recom- mendation of approval of the Chestnut Ridge Annexation Area initial zoning designation as outlined in Alternative #1 to make the R1-9.6 now RA, and to direct the City Attorney to pre- pare the necessary ordinance. Mann seconded and the motion carried. Lubovich noted that Consent Calendar - Item 3D regarding a resolution for the Chestnut Ridge Comprehensive Plan Map Desig- nation needs to be pulled, amended and brought back to the next Council meeting along with the ordinance for the zoning. COMPREHENSIVE (CONSENT CALENDAR - ITEM 3D) PLAN MAP (REMOVED BY THE CITY ATTORNEY) DESIGNATION Chestnut Ridge Comprehensive Plan Map Designa- tion. City Attorney Lubovich noted that the Chestnut Ridge zoning and Comprehensive Plan Map Designation need to go hand-in-hand, and if the zoning is changed then the Comprehensive Plan has to be changed also. WOODS MOVED to table this item until the next Council meeting. Johnson seconded and the motion carried. 8 January 18, 1994 FINAL PLAT (CONSENT CALENDAR - ITEM 3Q) Cedar Meadows Final Plat (FSU -990-4). AUTHORIZATION to set February 1, 1994, as the date for a public meeting to consider Cedar Meadows final plat map. The property is located at SE 228th Place and 116th Avenue SE. CABLE TV (PUBLIC HEARINGS - ITEM 2A) Cable TV Basic Service Rate Regulation. This hearing has been set to discuss a proposed ordinance that will give the City limited rate regulation authority over a basic service tier of cable television programming, including related equipment, installation and service charges. The City's regulatory authority is authorized by recent amendments to the Federal laws, rules and regulations governing the cable television industry. Assistant City Attorney Brubaker gave a brief background on the Cable TV rate regulation pro- cess that the City is currently undertaking. He noted that before 1992 the City did not have any rate -making regulatory authority, but in 1992 Congress passed an act which authorized limited rate regulation involving regulation of basic service tier rates and related charges for con- verter boxes, installation, etc. He explained that when this act was passed by Congress it allowed the City to step in and serve at the lowest, most basic level of Cable TV service and regulate rates. He noted that the FCC then implemented rules and regulations which set up a process for cities to obtain rate regulation authority, and that the first step in this pro- cess is certification by the FCC and that the City was certified on December 5, 1993. He explained that upon certification the City has approximately 120 days to adopt regulations consistent with the FCC procedures for rate regulations, and that the ordinance tonight, if adopted, will accomplish the goal. Brubaker explained that once the City's regulations are adopted, the City must tender notice to the franchisee or cable operator, TCI, within 30 days from the date of passage of the ordinance. He noted that TCI will then have 30 days to submit a schedule of rates to the City for 2 January 18, 1994 CABLE TV comparison against a benchmark rate set by the FCC. He stated that if TCI's rates are below the FCC benchmark, they will remain below; if they are the same, they will remain unchanged; and if they are above the benchmark rate, they will be reduced but no more than 10% below the rates charged by the cable provider on September 30, 1992. He explained that there are further processes, such as an appeal process, if the City cannot determine the reasonableness of TCI's rates and then to the FCC if the two parties cannot agree. He noted that in the future the two basic tiers will be limited to increasing rates based on inflation and external costs such as programming or extraordinary franchising costs, and that TCI will be able to increase rates based on system rebuilds which may become a real possibility because they are currently rebuilding a large part of their system in our area. Brubaker noted that the substitute ordinance distributed to the Council tonight was redrafted to clarify a reference made in the ordinance for the people who publish the code just to be clear about our rate making authority for the basic service tier. Mayor White then opened the public hearing. There were no comments from the audience. WOODS MOVED to close the public hear- ing. Houser seconded and the motion carried. HOUSER MOVED to adopt Ordinance No. 3151 relat- ing to Cable TV basic service rate regulation. Woods seconded and the motion carried. COUNCIL (OTHER BUSINESS - ITEM 4D) VACANCY Consideration of Candidates for the Vacant City Council Position. The Council will consider applications for appointment to the City Council position vacated by the election of Jim White as Mayor. The person appointed shall serve the remaining term of this seat. Candidates will be considered following a 3-5 minute statement to the Council by each applicant. 10 January 18, 1994 COUNCIL The following individuals submitted letters of VACANCY interest and gave a 3-5 minute statement on their qualifications and views for consideration for the vacant City Council position: Connie Epperly, Bob MacIsaac, Dee Moschel, Ted Nixon, Leona Orr, Susan Ramos and Russ Stringham. EXECUTIVE At 8:20 p.m., Woods announced an executive SESSION session of approximately fifteen minutes to discuss the qualifications of the applicants for the vacant council position. The meeting reconvened at 8:45 p.m. Mayor White noted that in keeping with past practices of the Council when the issue of an open seat has been considered those decisions have been made on written instruments that have been given to Council and then the presentation of the can- didates at the Council meeting. He noted that unless there is a disagreement from the Council they will keep it to that and allow Council to consider based upon what they have heard and read at this point. There was no disagreement from the Councilmembers. Woods noted that the Council wishes to extend its appreciation to those who applied for the open seat, and that they were very impressed with the strong statements made. She noted that all of the candidates were well-qualified and worthy with many years of combined service to the community. She expressed that the City and citizens are greatly enhanced and proud of the seven appli- cants' continued service to the community. JOHNSON MOVED to nominate Leona Orr to fill the vacant City Council position. Houser seconded. Clark noted that Dee Moschel will receive his support, and Bennett offered Bob Maclsaac as the nominee. Upon a roll call vote, the motion to nominate Leona Orr carried 4-2 with Bennett and Clark opposed. CLARK THEN MOVED to endorse Orr unanimously. Woods seconded and the motion carried. REZONE (CONSENT CALENDAR - ITEM 3C) CarRinito Business Park Rezone (RZ-93-3). AUTHORIZATION to set February 1, 1994, as the date for a public meeting to consider the Hearing Examiner's recommendation of approval 11 January 18, 1994 REZONE for a rezone application (RZ-93-3) submitted by Mark W. Stiefel. The property is located on the south side of S. 222nd street, approximately 250 feet east of 84th Avenue S. (East Valley Highway). SURPLUS (CONSENT CALENDAR - ITEM 3H) VEHICLES Sale of Surplus Vehicles AUTHORIZATION to declare 18 pieces of equipment as surplus and to sell them at the next State auction, as recom- mended by Public Works Committee. All of these vehicles have either high mileage or are in need of extensive repair. APPOINTMENTS/ (OTHER BUSINESS - ITEM 4B) REAPPOINTMENTS Rent Transit Advisory Board Appointments. Mayor White introduced Jay Bakst, Janette Nuss, and Russ Stringham, who he has appointed to serve as members of the Kent Transit Advisory Board. Mr. Bakst is owner/principal of Technologies Service Group located in Renton and is a member of the Kent Chamber of Commerce. He will re- place Sherilyn Jordan, who resigned, and his term will be effective until 4/30/95. Ms. Nuss is a member of the Kent Planning Commission and has been active in community affairs. She will replace Randy Judkins, who has resigned and her term will be effective until 4/30/95. Mr. Stringham is a Kent business owner and is vitally interested in Kent's future. He will replace Gordon Parke, who resigned, and his term will be effective until 4/30/94. WOODS MOVED to confirm the Mayor's appointment of Jay Bakst, Janette Nuss, and Russ Stringham to the Kent Transit Advisory Board. Houser seconded and the motion carried. (OTHER BUSINESS - ITEM 4C) Appointments and Reappointments to the Rent Planning Commission Mayor WHite introduced Russ Stringham, Edward Heineman, Jr., and Robert (Bob) MacIsaac who he has appointed to serve as members of the Kent Planning Commission. 12 January 18, 1994 APPOINTMENTS/ Russ Stringham is a local business owner and has REAPPOINTMENTS a long-standing interest in Kent's future growth and development. He will replace Al Haylor, who resigned, and his new appointment will continue to 12/31/98. The new terms of Edward Heineman, Jr. and Robert (Bob) MacIsaac will be effective until 12/31/99. WOODS MOVED to confirm the Mayor's appointment of Russ Stringham, and reappointments of Edward Heineman, Jr. and Robert MacIsaac to the Kent Planning Commission. Houser seconded and the motion carried. SEGREGATION (CONSENT CALENDAR - ITEM 3G) REQUEST segregation Request - LID 320. ADOPTION of Resolution No. 1381 authorizing the segregation of Assessment #17 in LID 320, as recommended by the Public Works Committee. The property is being divided into three separate parcels, thereby each parcel would pay it's equal share of the assessment. FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Bills. APPROVAL of payment of the bills received through November 30, 1993, after auditing by the Operations Committee on December 7, 1993. These figures were inadver- tently omitted from the minutes of December 7, 1993. Approval of checks issued for vouchers: Date Check Numbers Amount 11-1/11-15 135988-136405 $1,284,586.27 11-16/11-29 136406-136881 1,830,372.16 Approval of checks issued for payroll: Date Check Numbers Amount 11-19-93 Check # 188105-188440 $ 270,528.32 Advice # 10668-10996 395,925.01 12-3-93 Check # 188441-188841 321,372.08 Advice # 10997-11379 433,178.90 13 January 18, 1994 FINANCE Payment of the bills received through Decem- ber 31, 1993, after auditing by the Operations Committee at its meeting on January 4, 1994, was approved on January 4, 1994. PARKS & (OTHER BUSINESS - ITEM 4E) RECREATION (ADDED BY BENNETT) Rent Commons. Bennett noted that he would like Administration to look into the possibility of turning the Kent Commons back over to the kids for which it was built, at least on an interim basis. The Mayor noted that he will ask the new Parks Director, when appointed, to look into the possibility of transferring some of the person- nel back to City Hall, and look at perhaps turning the area that used to be a game room back into that use again. PERSONNEL (OTHER BUSINESS - ITEM 4F) (ADDED BY BENNETT) Personnel. Bennett noted that Tony McCarthy was a long-standing, very dedicated employee who worked very hard for the City and left the City's employ last week. He felt the City owed McCarthy a great deal of gratitude and apprecia- tion for his efforts. Mayor White stated that they are sorry to see him go and thanked Bennett for his kindness. He also noted that the City owes McCarthy a great debt of gratitude. REPORTS Council President. Woods noted that perhaps committee assignments could be done by next week and requested the Councilmembers' input as to which committees they might like to serve on as soon as possible. ADJOURNMENT The meeting was adjourned at 9:05 p.m. r Donna Swaw Deputy City Clerk 14