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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 03/15/1994Kent, Washington March 15, 1994 Regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor Pro Tem Woods. Present: Councilmembers Bennett, Clark, Johnson, Mann and Orr, Operations Director/Chief of Staff McFall, City Attorney Lubovich, Planning Director Harris, Public Works Director Wickstrom, Police Chief Crawford, Fire Chief Angelo, Acting Parks Director Thorell, Finance Division Manager Miller and Public Information & Government Affairs Division Manager Martin. Mayor White arrived at the meeting at 7.20 p.m. Approximately 45 people were at the meeting. PUBLIC Introduction of Mayor's Appointees. Mayor COMMUNICATION Pro Tem Woods introduced Bob Beavers who is the Mayor's appointee to serve as a member of the Saturday Market Advisory Board. Regional Justice Center Update._ Wendy Keller, Project Manager, noted that the demolition plan has been completed, the SEPA checklist was turned in to the City on March 4th for review, the RFP's are now being developed for the demolition and asbestos removal to go along with the plan, and that the demolition and asbestos removal is scheduled for May. She explained that the first phase of the remedia- tion to remove tanks outside of the building will occur on March 24th, and that they are working on developing the removal of the Penta tank on the Howard site which is Phase II. Keller noted that the Community and Business Advisory Group (CBAG) along with the 1% Committee will be touring the site tomorrow to see where the tanks are located, where Penta is, and what happens after the building is demolished, and get a general idea of how the site is laid out. She also informed the Council that CBAG will meet again on April 20th at 7:00 P.M. in the City Council Chambers to discuss mitigation issues. Keller explained that all the issues have been divided into two large groups in which each issue is being worked through during the design and submission of the demolition and remedia- tion plans. She noted that the first group consists of design, technical and environmental issues related to the permit and building process with careful attention given from the 1 March 15, 1994 PUBLIC buildings orientation to landscaping, lighting, COMMUNICATION and meeting with the neighbors surrounding the site. She explained that concentration on the traffic and transportation issues will continue for the next couple of months, and that they are testing out various alternatives and costing them. She noted that the second large category consists of operational issues or future potential issues, and that they are proposing a process to resolve these issues by creating a memorandum of understanding. She explained how the process will work, and that they hope to have all the memorandum of under- standing issues resolved before applying for a construction permit with technical and environ- mental issues completed before the construction documents are completed. She noted that the design development documents are completed, and that they have met with the technical and permit departments to thoroughly review all of the issues. Upon Clark's question, Keller noted that a special presentation could be done either at a Council meeting or in small sessions to discuss such things as each type or group of people who would be on the site at what hour, and on what basis they would be on for the number of hours they would stay or leave. Keller explained for Clark that the staffing will go through five different stages of review, and that the number of employees given to the Council at this point are at the second stage of review with three more to go. She noted that at full build out, approximately 8-10 years after the opening, the staff will be slightly over 700 total, but that not all of them would be on site because some would be fill-ins or relief staff. She explained that the number of new jobs will be between 480 and 520 with some being transfers. Upon Clark's question, she noted that they would be interested in perhaps conducting tours, letting the press through, and/or arranging events to allow people to see how it operates before the official opening date. Keller stated that she would be back the first meeting in April to give another update. 2 March 15, 1994 CONSENT ORR MOVED that Consent Calendar Items A through CALENDAR N, excluding Item O, be approved. Mann seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 3A) Approval of Minutes. APPROVAL of the minutes of the regular Council meeting of March 1, 1994, and correcting the date at the top of pages 2-10 in the February 15, 1994, minutes from February 15, 1993, to February 15, 1994. HEALTH & (CONSENT CALENDAR - ITEM 3I) SANITATION Cambridge Short Plat. AUTHORIZATION to accept the bill of sale and warranty agreement sub- mitted by Altier Acquisition & Development for continuous operation and maintenance of 384 feet of watermain, 192 feet of storm sewer and 740 feet of street improvements and release of bonds after expiration of the maintenance period, as recommended by the Public Works Director. The project is in the vicinity of S. 270th Street and 43rd Place South. (CONSENT CALENDAR - ITEM 3J) James Court Townhouses. AUTHORIZATION to accept the bill of sale and warranty agreement submitted by March Development for continuous operation and maintenance of 56 feet of storm sewer and 190 feet of street improvements and release of bonds after expiration of the maintenance period, as recommended by the Public Works Director. The project is in the vicinity of 23829 102nd Avenue SE. SEWERS (CONSENT CALENDAR - ITEM 3H) 5th Avenue Sanitary Sewer Replacement. AUTHORIZATION toaccept as complete the contract with R. L. Alia Company for the 5th Avenue Sanitary Sewer Replacement project, and release of retainage after receipt of State releases, as recommended by the Public Works Director. STREETS (CONSENT CALENDAR - ITEM 3E) 116th Avenue Road Improvements (264th -266th). AUTHORIZATION to accept as complete the con- tract with Lloyd Enterprises, Inc. for the 116th Avenue SE Road Improvements from SE 264th 3 March 15, 1994 STREETS St. to SE 266th St. project, and release of retainage after receipt of State releases, as recommended by the Public Works Committee. SIDEWALKS (CONSENT CALENDAR - ITEM 3K) LID 342 - Smith Street Sidewalks. AUTHORIZATION to set May 3, 1994, as the public hearing date on the Final Assessment Roll for LID 342 - Smith Street Sidewalks. (BIDS - ITEM 5B) LID 342 Smith Street Sidewalks, Washington Avenue to 64th Avenue. The bid opening for this project was held on February 15th with 10 bids received. The low bid was submitted by Mer -Con, Inc. in the amount of $83,731.70. The engineer's estimate was $87,798.50. The pro- ject consists of installing concrete sidewalks on the north and south sides of West Smith Street from Washington Avenue to 64th Avenue South. The Public Works Committee has recom- mended that this bid be accepted. Public Works Director Wickstrom noted that there is an amendment to the award for LID 342 in that the low bid of $83,731.10 should be changed to $82,931.70. He explained that the difference of $800 is the cost for removing a sign in City right-of-way, and that the owner feels this is too costly so he will remove the sign himself. MANN MOVED that the contract for LID 342 - Smith Street Sidewalks, Schedule I, be awarded to Mer -Con, Inc. in the amount of $82,931.70. Bennett seconded and the motion carried. TRAFFIC (CONSENT CALENDAR - ITEM 3L) CONTROL LID 344 - 108th SE & SE 240th Traffic Signal. AUTHORIZATION to set May 3, 1994, as the public hearing date on the Final Assessment Roll for LID 344 - Traffic Signal at 108th Ave. SE & SE 240th St. (BIDS - ITEM 5A) LID 344 - 108th Avenue SE & SE 240th Traffic Signal. The bid opening for this project was held on March 2nd with 6 bids received. The low bid was submitted by Breaker Construction, 4 March 15, 1994 TRAFFIC Inc. in the amount of $84,724.00. The engi- CONTROL neer's estimate was $100,000. The project consists of installing a new traffic signal and modifications to the existing street lighting at the intersection of 108th Avenue SE & SE 240th Street. It is the recommendation of the Public Works Director that this bid be accepted. MANN MOVED that the contract for LID 344, Traffic Signal at 108th Avenue SE & SE 240th Street, be awarded to Breaker Construction, Inc. for the bid amount of $84,724.00. Bennett seconded and the motion carried. ANNEXATION (OTHER BUSINESS - 4B) Sharp Annexation (AN -94-2). This date has been set for a meeting with the initiators of the Sharp Annexation (AN -94-2), an area of approxi- mately 80 acres located adjacent to Kent's easterly boundary, lying easterly and adjacent to 116th Avenue, south of S.E. 240th Street, westerly of 120th Avenue S.E., and north of S.E. 248th Street. Staff recommends that the Council accept the 10% annexation petition and geographically modify the proposed boundaries by extending them to include all of the rights- of-way for 120th Avenue S.E. and S.E. 248th Street where they are adjacent to the proposed annexation. In addition, staff recommends that the Council authorize circulation of the 60% petition subject to the City's existing indebtedness. Planning Director Harris briefed the Council on the State Statutes regarding the type of meeting being conducted tonight. He emphasized that the meeting tonight is really with the initiating parties, but that others may want to speak on the issue. He went over the location of the Sharp Annexation for the Council, and explained that the size of the annexation is approximately 80 acres, 24 parcels with approx- imately 12 residential units, and a population of about 28. 5 March 15, 1994 ANNEXATION Harris explained that the County's recently adopted Soos Creek Plan designates the Sharp Annexation area as single-family residential with 1-8 dwelling units per acre, and that the Soos Creek Implementing Zoning designates this area as GR -5 (Growth Reserve) with a minimum of 1 dwelling unit per five acres. He noted that the zoning is temporary and will automatically revert to two different zoning districts on December 31, 1994. He stated that the area adjacent to SE 240th Street will become RN2400P which is a medium density multi -family dwelling district with 1 unit per 2,400 sq. ft., and that the East Hill Plan covers this area with anticipation for development of 4-6 dwelling units per acre. Harris stated that the Sharp Annexation will have an interim zoning of R1-20 which is 1 dwelling unit per 20,000 sq. ft. upon annexa- tion with the final zoning applied within six months of the annexation. He explained the impacts the annexation will have on City operations with the immediate impact on the shifting of related revenues and responsibility for funding the area's current level of service in the Fire District. He noted that the Sharp Annexation satisfies the City's policies which were adopted in 1987 by Resolution No. 1150. He clarified for Woods that approximately 10 acres of this land will be designated multi- family by December 31, 1994, if not annexed to the City. Tom Sharp, 11126 SE 256th, Kent, representing SDM Properties, stated that Kent City Code Section 15.09.055 allows for the Hearing Examiner to rule on the initial zoning since the City currently has a comprehensive plan in place for this area. He noted that then the ordinance adopting the initial zoning may become effective upon annexation of the area, according to the law, and not after annexation. He noted that since the proposed annexation area is a part of the comprehensive plan, the zoning should be in effect prior to the final annexation adoption by the City. Bob Richardson, representing the First Christian L March 15, 1994 ANNEXATION Church, expressed concern about the impact on the lighting of SE 240th, and whether a pump station would be required at the bottom of the hill. Mayor White suggested that he meet with staff after the meeting to get the details. Michael Price, 24205 -120th Avenue SE, noted concern about the multiple family listing along 240th. Operations Director McFall clarified that the City's comprehensive plan for this area designates it as single-family, and that the actual zoning will be determined upon final action of the City Council. Mayor White explained that there will be hearings on the zoning issue, but reassured that this Council has, in the past, not favored multi -family housing. The Mayor noted for Mr. Morford, SDM Properties at 11126 SE 256th, that tonight's meeting is just the initial step toward annexa- tion by accepting the 10% petition, and that Council can accept or reject before continuing on with the procedures. Johnson stated that there is another step in the annexation process which is to circulate and accept the 60% petition. Karen Frank, 24607 - 120th SE, explained that she would like to know how this area will be zoned before signing any petition. Orr requested that the Council be given more information regarding annexation procedures before the 60% petition is received. Upon Johnson's question, Lubovich explained that the City has a choice of either doing an interim zoning with final zoning determined within six months of annexation, or doing initial zoning now conditioned upon annexation. He noted that the policy, in the past, has been to do the annexation and then the zoning process. Mayor White again clari- fied that Council needs to accept or reject the 10% annexation petition tonight, and, if accepted, proceed ahead with staff work and answer questions. Woods reassured the resi- dents that Council will be proceeding on several fronts simultaneously with the best interests for the neighborhood at heart, and that Council is not going to make radical changes in this area. 7 March 15, 1994 ANNEXATION Harris noted that Council passed a resolution making it clear that they did not want to do pre -zoning on annexations. He stressed that Council needs to take action on the 10% petition to get the process moving forward, then he and Lubovich will figure out the next step in the zoning process and bring it back to Council or the next Planning Committee meeting. Lubovich noted for Orr that the oldest signa- ture on the 60% petition cannot be over six months old when the petition is submitted. ORR MOVED to accept the 10% annexation petition and geographically modify the proposed boun- daries by extending them to include all the rights-of-way for 120th Avenue S.E. and S.E. 248th Street where they are adjacent to the proposed annexation; and to authorize circula- tion of the 60% petition subject to the City's existing indebtedness, and subject to a resolu- tion to this question so that people who will be signing the petition will have some idea of exactly what the City's process is going to be. Woods seconded and the motion carried. PRELIMINARY (CONSENT CALENDAR - ITEM 3C) SUBDIVISION Walnut Ridge Preliminary subdivision (SU -90 -5L. - AUTHORIZATION of March 5, 1995, as the date for a one-year extension for Walnut Ridge Prelimi- nary Subdivision #SU -90-5 as requested by Mr. Douglas W. Graef to ensure that this plat be completed. COMMUNITY (CONSENT CALENDAR - ITEM 3D) DEVELOPMENT 1995 Community Development Block Grant (CDBG) BLOCK GRANT Program Policies and Funding Levels. AUTHORIZATION to set April 19, 1994, as the date for a public hearing to consider the 1995 Community Development Block Grant (CDBG) program policies and funding levels. DOWNTOWN (CONSENT CALENDAR - ITEM 3F) PARTNERSHIP Downtown Partnership - Letter of Agreement. AUTHORIZATION for the Mayor to sign a letter of agreement between the City of Kent and the Downtown Partnership for 1994. This represents the continuing effort to revitalize the downtown area in the City of Kent with matching March 15, 1994 DOWNTOWN revenue from the citizens and businesses. PARTNERSHP $32,000 is already included in the 1994 Budget. The letter of agreement details the agreement with the City and the KDP, which includes progress reports on the matching revenue, activities and programs and the payment schedule. APPOINTMENT (CONSENT CALENDAR - ITEM 3N) Rent Saturday Market Advisory Board. CONFIRMATION of the Mayor's appointment of Bob Beavers to serve as a member of the Saturday Market Advisory Board. Mr. Beavers is a Kent business owner, is active in the Kent Downtown Partnership, and is a long-time Kent resident. He will replace Linda Johnson, who resigned, and his term will continue to 10/95. PLANNING (CONSENT CALENDAR - ITEM 30) COMMISSION REMOVED BY COUNCILMEMBER ORR Planning Commission - Dismissal of Member. Authorization to set April 5, 1994, as the date for a public hearing on the dismissal of a Planning Commission member for unexcused absences. Councilmember Orr explained that the Planning Commission member has resigned and that no further action is needed. REZONE (OTHER BUSINESS - ITEM 4A) Top of the Hill Rezone (RZ-93-4). (Mayor White arrived at the meeting just prior to discussion of this item.) This date has been set to consider the Hearing Examiner's recommendation of approval of an application by Baima & Holmberg, Inc. to rezone 7.25 acres from R1-7.2, Single Family Residen- tial, to R1-5.0, Single Family Residential. The property is located at 10050 S.E. 244th Street. Woods expressed concern regarding an article in today's newspaper suggesting that the rezone might have been discussed out -of -order at the recent Council retreat. She stated for the public record that during the discussion on Growth Management and Affordable Housing, this 9 March 15, 1994 REZONE item did come up in passing, but certainly wasn't the focus of the Council's discussion at that time. She noted that it would not have been appropriate to do so, and that if there has been some misunderstanding, the Council would like to extend its apology and assure all participating parties that that was not the case. Matt Jackson from the Planning Department gave a brief overview, and noted that the rezone was requested in order to build a 42 -lot sub- division on four existing lots. He explained that the site was annexed to the City in 1987 as part of the East Hill Well Annexation with land uses varied as is the zoning. He noted that the site is generally flat with slopes of less than 5%, and City services available. He stated that a designation of non -significance was issued on September 17, 1993 (NV -93-36) with 15 conditions, and that on February 1, 1994, the Hearing Examiner recommended approval of the rezone. ORR MOVED to accept the find- ings of the Hearing Examiner, and to adopt the Hearing Examiner's recommendation of approval of the Top of the Hill Rezone (RZ-93-4), and to direct the City Attorney to prepare the neces- sary ordinance. Bennett seconded. Orr stated that the comments made at the retreat may have been taken out of context and misinterpreted because this particular piece of property was not the topic of their discussion. She noted that in the past she has not favored this type of rezoning, but that the site is unusual based upon its location and surrounding uses, so this is probably an appropriate use which she supports. She opined that this type of zoning should be used sparingly and not as an opportunity for single-family zoning land to be suddenly turned into 5,000 square foot lots because it may not be appropriate in every location. The motion then carried. Paul Morford noted that some people in the audience would like to speak to this issue. Mayor White explained that since the motion was made and passed nothing would change, but that 10 March 15, 1994 REZONE they would be happy to hear from those in the audience. Operations Director McFall commented that the Hearing Examiner conducts the public hearing on rezones, and that this hearing has already been held. There were no further comments from the audience. ECONOMIC (OTHER BUSINESS - ITEM 4C) DEVELOPMENT Cascade Development Company - Resolution CORPORATION A rovin Second supplemental Indenture. In 1985, the City of Kent Economic Development Corporation issued bonds on behalf of Cascade Development Company, the obligors on the bonds. (City of Kent Economic Development Corporation Floating/Fixed Rate Industrial Development Revenue Bonds, Series 1985.) Cascade Develop- ment Company now wishes to refinance these bonds. In the process of doing so, Cascade Development Company is asking the Economic Development Corporation and City Council to approve a second supplemental indenture to amend notice requirements for the refinancing. The Economic Development Corporation is ex- pected to consider this request prior to the Council meeting. JOHNSON MOVED to adopt Resolution No. 1386 approving a second supplemental indenture for Cascade Development Company as obligor on bonds issued through the City of Kent Economic Development Corporation. Woods seconded. Lubovich noted that the Economic Development Corporation did hear the matter at 4:45 p.m. this afternoon and passed a resolution sup- porting the amendment to the indenture. The motion then carried. COUNCIL (CONSENT CALENDAR - ITEM 3M) Council Absence. APPROVAL of a request for an excused absence from the March 15, 1994, City Council meeting from Councilmember Christi Houser. She will be unable to attend. POLICE (CONSENT CALENDAR - ITEM 3G) DEPARTMENT Investigative Buy Account - Ordinance Amendment. ADOPTION of Ordinance No. 3159 creating an investigative buy account for the City of Kent Police Department. 11 March 15, 1994 POLICE Authorization is requested to amend Kent City DEPARTMENT Code Section 3.41 to add an investigative buy account for the Kent Police Department. This account shall not exceed $10,000 and will be used for investigative enforcement of acti- vities not related to drugs or gambling which are already authorized in the original part of this ordinance. The additional sections of the ordinance: 1) create the investigative buy account; 2) allow transfer of funds; and 3) allow the lawful spending for investigation related to such items as stolen property or prostitution. Funds are already included in the 1994 Budget, however, the ordinance needs to be approved to allow lawful investigative spending. FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Bills. APPROVAL of payment of the bills received through February 16, 1994 and paid on February 28, after auditing by the Operations Committee on March 9, 1994. Approval of checks issued for vouchers: Date Check Numbers Amount 2/16-2/28 140284-140718 $1,400,407.42 Approval of checks issued for payroll: Date Check Numbers Amount 3/4/94 Checks 192959-193317 $ 254,315.82 Advice 13396-13735 387.992.48 $ 642,308.30 REPORTS Council President. Woods noted that Kent will be hosting the April meeting of the Suburban Cities Association, and that more details will be forthcoming. She also noted that the Suburban Cities Board will hold a special meeting, with representatives of all 32 cities in the County, on March 23rd to consider Growth Management proposals including affordable housing. She explained that the issues will be 12 March 15, 1994 REPORTS acted upon in early April so it may be neces- sary to call a special meeting of the City Council and/or a workshop to give direction to our representative, the Mayor, as to how our Growth Management representatives from Suburban Cities should vote at those upcoming meetings. operations Committee. Johnson noted that the next Operations Committee meeting will be at 9:30 a.m., Wednesday, March 23, 1994. Planning Committee. Orr announced that a briefing on the Growth Management Act was given today at the Planning Committee meeting, and that she requested Council be kept apprised of the proposals coming from staff regarding the EIS and Comprehensive Plan. She explained that information only packets will be coming to the Council simultaneously as they are submitted to the Planning Commission, but stressed that the packets are not for input into the Planning Commission process. Public Safety. Bennett noted that an issue regarding parental responsibility/curfew ordinance was discussed today at 5:00 p.m. by the Public Safety Committee. He explained that a special meeting has been proposed for the last week in March, but that he needs to con- firm it with Committeemember Houser, who was unable to attend the meeting, before notifi- cation is sent out. ADJOURNMENT ADJOURNED at 8:02 p.m. 4" "&� Donna Swaw Deputy City Clerk 13