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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 09/20/1994Kent, Washington September 20, 1994 Regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor White. Present: Councilmembers Houser, Johnson, Mann, Orr and Woods, Planning Director Harris, Public Works Director Wickstrom, Parks Director Hodgson, Police Chief Crawford, Fire Chief Angelo, Information Services Manager Spang and Governmental Affairs Division Manager Martin. Approximately 30 people were at the meeting. Councilmembers Bennett and Clark were excused from the meeting. PUBLIC Day of Concern for the Hungry. Mayor White read COMMUNICATIONS a proclamation noting that the City funds emergency food programs, that social service agencies need help to stem the tide of hunger, and that the Seattle Emergency Feeding Program has invited the City of Kent to join in an effort to end hunger in our city. He declared October 1, 1994, as Day of Concern for the Hungry and encouraged all citizens to parti- cipate. The proclamation was presented to Mr. Arthur Lee, who noted that this project has grown to ten cities and 65 stores. Crime Prevention Month. Mayor White read a proclamation declaring the month of October as Crime Prevention Month in the City of Kent. He noted that in this era of escalating fear throughout the nation because of violence, citizens must be made aware of what they can do to protect themselves, their families, their neighbors and their communities, and that effec- tive crime prevention programs excel because of partnerships among law enforcement, other government agencies, and individuals. He called on all citizens, government agencies, public and private institutions and businesses to increase their participation in crime prevention efforts. The proclamation was presented to Police Chief Crawford. Chamber of Commerce Presentation. Barbara Simpson of the Chamber of Commerce invited Mayor White and Councilmembers to attend the Asia Pacific International Trade Exchange as Good Will Ambassadors on October 3rd. She noted that Governor Mike Lowry and Mayor Jim White will be speakers. Christine Wetmore of Tradec noted that over 200 delegates from China, Taiwan, Singapore and Viet Nam will participate, and that interest has been expressed in 1 September 20, 1994 PUBLIC purchasing building products, telecommunications COMMUNICATIONS equipment, medical equipment, infrastructure development products, and distribution services. Department of Licensing Presentation. Scott Swann of the State of Washington Driver Licensing Department announced a proposal to change the days of operation of the office in Kent to Monday through Friday. He explained that since the Auburn, Federal Way, and Renton offices are open Tuesday through Saturday, the change would provide customer service in the South King County area six days a week. Mayor White thanked Swann for this information and said any comments received by the City would be forwarded to him. CONSENT WOODS MOVED that Consent Calendar Items A CALENDAR through M be approved. Houser seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 3A) Approval of Minutes. APPROVAL of the minutes of the regular Council meeting of September 6, 1994. STREET (PUBLIC HEARINGS - ITEM 2A) IMPROVEMENTS LID 346 S. 212th Street Improvements. This date has been set for the public hearing on LID 346 for the installation of sewers to service specific parcels, sidewalks, and street lights along S. 212th Street from the Green River to SR 167. Public Works Director Wickstrom pointed out the location on the map, and noted that the City has obtained a grant from the Washington State Transportation Improvement Board to construct high -occupancy vehicle lanes along S. 212th Street between West Valley Highway and SR167. He also noted that a new pedestrian signal will be installed where the Interurban Trail crosses S. 212th Street, and that an ISTEA grant was awarded to the City for construction of this signal. He said it was determined that this would be an opportune time to put in the other amenities such as sidewalks and street lights which are sporadic in the area. He noted that 2 September 20, 1994 STREET the LID would finance the sidewalks, the street IMPROVEMENTS lights, and part of the sewers, and that the total project cost is $708,565.00. He noted that this is a high volume street, and that sidewalks would tie the industrial area to recreation areas along the Green River and the Interurban Trail, and would make bus service more compatible to the businesses in the area. Wickstrom noted that this LID contains 51 parcels and that there are no -protest covenants in the amount of 14% for sidewalks, 38% for street lights, and 50% for sewers. He noted that owners with a combined 33.6% of the total LID assessments are at this time obligated to participate in this street improvements LID via executed no -protest covenants or letters re- questing service. He pointed out that sewers are assessed only to those properties that do not have sewer, and noted that no protests have been received. Mayor White opened the public hearing. There were no comments from the audience and WOODS MOVED to close the public hearing. Orr seconded and the motion carried. MANN MOVED to direct the City Attorney to prepare the ordinance creating LID 346 for the improvement of S. 212th Street from the Green River to SR 167. Houser seconded and the motion carried. TRAFFIC (CONSENT CALENDAR - ITEM 3I) CONTROL LID 344 - Traffic Signal at 108th & 240th._ AUTHORIZATION to accept as complete the contract with Breaker Construction, Inc. for LID 344, 108th & 240th Traffic Signal project, and re- lease of retainage after receipt of State releases, as recommended by the Public Works Director. The final construction cost is $84,724.00. SEWER (CONSENT CALENDAR - ITEM 3F) Meadow Ridge Elementary #26 Area. AUTHORIZATION to implement a Charge in Lieu of Assessment for sewer service in the Meadow Ridge Elementary School area (108th Avenue and 275th block), as 3 September 20, 1994 SEWER recommended by the Public Works Committee. This would enable the involved properties to connect to the sewer system upon paying their prorata share of the downstream upsizing cost. PUBLIC WORKS (BIDS - ITEM 5C) Four -Wheel Drive Power Unit and Mower. Bid opening for the Four Wheel Drive Power Unit and Mower was held on September 12, 1994, with Western Equipment Distributors, Inc. being the only bidder. The Public Works Director recom- mends accepting the bid of $27,780.35 including sales tax, from Western Equipment Distributors, Inc. MANN SO MOVED. Johnson seconded and the motion carried. SURPLUS (BIDS - ITEM 5A) EQUIPMENT Sale of Surplus Water Meters, Pipe and Fitti994_, One bid was received and opened on May 19, 1994, for the sale of surplus water meters, pipe and fittings. Since only one bid was received, the project was readvertised and reopened on September 2nd. One bid was submitted by David Q. Price in the amount of $1,637.28 including sales tax. The Public Works Director recommends acceptance of the bid in the amount of $1,637.28. MANN MOVED that the surplus water meters, pipe and fittings be sold to David Q. Price in the bid amount of $1,637.28 including sales tax. Johnson seconded and the motion carried. COMMUNITY (PUBLIC HEARINGS - ITEM 2B) DEVELOPMENT 1995 Community Development Block Grant Program. BLOCK GRANT This date has been set for a public hearing to consider adoption of the proposed 1995 Community Development Block Grant Program, including the contingency plans for estimated entitlement changes, as recommended by the Planning Com- mittee and the Human Services Commission. Betsy Czark of the Planning Department stated that the City has received eleven applications for funding. She noted that there has been a revision to the list which appears in the agenda 4 September 20, 1994 COMMUNITY packet, in that Grace Fellowship Church has DEVELOPMENT withdrawn their application. She explained that BLOCK GRANT funding originally recommended for them was re- allocated to the Community Health Centers, YWCA Domestic Violence Housing, and the King County Housing Nike site. She outlined applications received and the funding level recommended as follows: Capital Recommended Applications Received Funding Level Children's Therapy Center 1,4 $ 9,925 Roof replacement City of Kent Home Repair 1,4 $186,109 Services Program City of Kent Parks & Rec.1,4 $ 53,000 Kiwanis Tot Lot #2 Rehab. City of Kent Planning & $ 42,336 Administration Community Health Centerl,4 $ 50,000 Design and Construction Easter Seal of Washington,2,4 $ 22,425 Access Modification Rehab Housing Unlimited' 3,4 $ 10,000 Housing for developmentally disabled King County Housing Authority 1,4,5 $ 33,753 Replace roofs on 31 units at the Nike site TOTAL $407,548 5 September 20, 1994 COMMUNITY Public (Human) Service Recommended DEVELOPMENT Applications Received Funding Level BLOCK GRANT Community Health Centers of $ 20,000 King County, Kent Clinic 6,7,8 Emergency Feed Program of $ 7,734 Seattle -King County 6,8 Grace Fellowship Church APPLICATION WITHDRAWN YWCA of Seattle -King Count, $ 27,000 Domestic Violence Housing6"$ TOTAL $ 54,734 1 Planning Committee recommendation. 2 If the City receive a decrease in capital entitlement funds, Easter Seals' funding will be decreased by up to $7,425 or to a minimum funding level of $15,000. 3 If the City receives a decrease in capital entitlement funds in excess of $7,425, Housing Unlimited's funding will be reduced by a maximum of $5,000 or to a minimum funding level of $5,000. 4 If the City receives a decreased Capital entitlement in excess of $12,425 the remaining decrease shall be divided equally between all of the funded Capital projects. 5 If the City receives an increase in capital entitlement funds, King County Housing Authority's funding will receive the full amount of such an increase. 6 Planning Committee and Human Services Commission Recommendation. 7 If the City receives an increase in public service entitlement, the increased amount shall be divided equally between Community Health Center and YWCA Domestic Housing. 8 If the City receives a decrease in entitlement, subtract the first $1,219 from Community Health Center and any remaining decrease subtract equally between the three public service funded agencies. 2 September 20, 1994 COMMUNITY The Mayor opened the public hearing. There were DEVELOPMENT no comments from the audience and WOODS MOVED to BLOCK GRANT close the public hearing. Orr seconded and the motion carried. ORR MOVED to adopt the 1995 Community Development Block Grant Program as revised, including the contingency plans for estimated entitlement changes, as recommended by the Planning Committee. Woods seconded and the motion carried. (CONSENT CALENDAR - ITEM 3D) Amendment to 1994-1996 Community Development Block Grant (CDBG) Interlocal Cooperation Agreement. APPROVAL of Amendment No. 1 to the 1994-1996 CDBG Interlocal Cooperation Agreement dated June 21, 1993, and authorization for the Mayor to sign this Amendment and forward it to King County. (CONSENT CALENDAR - ITEM 3E) Amendment to 1994-1996 Home interlocal Cooperation Agreement. APPROVAL of Amendment No. 1 to the 1994-1996 HOME Interlocal Coopera- tion Agreement dated June 21, 1993, and authori- zation for the Mayor to sign this Amendment and forward it to King County. ANNEXATION (CONSENT CALENDAR - ITEM 3C) ZONING Everson Annexation Zoning ADOPTION of Ordinance No. 3184 designating zoning for the Everson Annexation. PLATS (OTHER BUSINESS - ITEM 4A) Top of the Hill Preliminary Plat SU -94-2 This date has been set to consider the Hearing Examiner's recommendation for conditional approval of an application by Baima & Holmberg, Inc. for a 42 -lot single family residential preliminary subdivision. The property is located on the north side of SE 244th Street, approximately 600 feet west of 104th Avenue SE. Matt Jackson of the Planning Department noted that area is approximately 8.74 acres, and explained that approximately 7.25 acres was rezoned to R1-5.0 on March 15, 1994. He added that the Hearing Examiner recommended condi- tional approval of the preliminary plat on 7 September 20, 1994 PLATS August 17, 1994. He noted that the conditions are contained in the agenda packet. He ex- plained that 38 of the lots are zoned R1-5.0 and 4 are zoned R1-7.2. Martin Durkan, Jr., 22401 Sweeney Road, Maple Valley, representing the owner and the engineer, noted that the working relationship with the Planning Department on this project has been positive. He stated that the 5,000 sq. ft. lots will provide medium -level homes to people who would not qualify for a larger lot or larger home, and will bring affordable homes to Kent without having multi -family units. There were no further comments from the audi- ence. ORR MOVED to accept the findings of the Hearing Examiner and to adopt the Hearing Examiner's recommendation of approval with nineteen (19) conditions of the Top of the Hill preliminary subdivision. Woods seconded and the motion carried. (OTHER BUSINESS - ITEM 4B) Rachael Preliminary Plat SU -94-4. This date has been set to consider the Hearing Examiner's recommendation for conditional approval of an application by Brad Plemmons/Teresa Hutchens for a 12 -lot single family residential preliminary subdivision. The property is located west of Fifth Avenue S., approximately 100 feet south of West Crow Street. ORR MOVED to accept the findings of the Hearing Examiner and to adopt the Hearing Examiner's recommendation of approval with twenty (20) conditions of the Rachael Place preliminary subdivision. Woods seconded and the motion carried. (OTHER BUSINESS - ITEM 4C) Harvey Final Plat FSU -90-3. This date has been set to continue consideration of an application for the Harvey Final Plat. This was discussed at the Council meeting of September 6, 1994. The subject property is 2.25 acres in size and is located north of S. 252nd Street, between 22nd Avenue S. and 25th Avenue S. Council 0 September 20, 1994 PLATS approved the Harvey preliminary plat on September 18, 1990. Wickstrom noted that Public Works and Planning met with Mr. Mott on September 16th and reviewed his fence line encroachment and drainage issues. He noted that an agreement has been developed which would enable the City to enforce the main- tenance and operation of the private drainage swale that surrounds the property and protects the adjacent property owners from surface water runoff from this plat. He recommended that in order to avoid delays, the plat be approved subject to his concurrence with the resolution of the issues. Bill Hind of Lacey, Engineer of Record for the subdivision representing Mr. Gross, said he has the quit claim deed for the fence encroachment and the tax affidavit which Mr. Mott needs to sign. He added that Mr. and Mrs. Gross have signed the quit claim deed and the tax affi- davit, as well as the covenant. He added that Wickstrom will need to sign the covenant. Mr. Mott thanked everyone involved in this issue and was told that he would receive copies of the documents after they have been executed. Mayor White and Councilmember Orr also thanked all who were involved for their efforts. ORR THEN MOVED to approve the Harvey Final Plat subject to the Public Work's Director's concurrence with the resolution of the title and drainage issues. Woods seconded and the motion carried. MORATORIUM (OTHER BUSINESS - ITEM 4D) Adult Entertainment - Land Use Moratorium Emergency ordinance. The City was recently involved in litigation regarding the placement of an adult use facility within the City. The judge's ruling held that the Zoning Code pro- visions relating to adult use facilities were constitutional, however, did not allow for enough alternative sites for the location of these facilities. To comply with this ruling, the Zoning Code will have to be amended to allow for additional sites within the City. In order to provide an opportunity to review and amend the Code, staff recommends that a moratorium be 91 September 20, 1994 MORATORIUM adopted on the issuance of permits and accep- tance of applications for permits for these facilities. Mayor White noted that he has asked staff to look at ways to regulate this type of activity. City Attorney Lubovich explained that the pro- posed ordinance establishes a moratorium on the receiving of applications and issuing of permits for the location of these facilities. He noted that the Zoning Code requires siting of a dis- tance of 1000' from parks, schools, churches, libraries, residential zones and residential uses. He added that the recent challenge was to the residential use, which are non -conforming uses in commercial zones. He reiterated that the court held that there were not enough sites for these facilities in the City. He explained that the City cannot prohibit the location of these facilities through zoning, but that it can regulate them. He voiced concern that applica- tions will be filed for sites, and under the current Code they would not be allowed because there are not enough sites available and they would not meet the setback requirements. Lubovich read the proposed ordinance aloud and noted that it requires the vote of the majority plus one, or five Councilmembers, and pointed out that two Councilmembers are not in atten- dance tonight. He stated that, if adopted, the ordinance will go into effect immediately. He noted that the court has already ruled on the location of the application which was litigated, and the concern is that other sites may be applied for which would have to be denied, resulting in court action. He felt the moratorium is critical so that the City can study the ordinance and obtain recommendations from the Planning Commission. Lubovich explained that a hearing must be held within sixty days of adoption of an ordinance enacting a moratorium, and recommended holding the hearing as soon as possible. He also recom- mended that the Planning Commission be asked to look at the zoning aspects of the issue. JOHNSON MOVED to adopt emergency Ordinance 10 MORATORIUM No. 3185 establishing a the issuance of permits applications for permits ties, and that a hearing October 4, 1994, on the use moratorium. Houser September 20, 1994 land use moratorium on and the acceptance of for adult use facili- be scheduled for establishment of a land seconded. Mann expressed anger and frustration about this issue, noting that there is no recourse. He said the court's direction is ambiguous, and that he feels the 1000' setback in the Code is right. Mayor White stated that the research being done by the legal staff in regard to the business license criteria may result in an opportunity to discuss this in court. He said the criteria will be very strict and that businesses of this type may not want to operate in the City of Kent or may challenge the City's proposal. WOODS MOVED to make a letter from Janette Nuss on this subject a part of the record. Orr seconded and the motion carried. There were no comments from the audience, and the motion to adopt Ordinance No. 3185 carried unanimously. It was clarified that the Planning Commission is directed to review this issue and make recommendations to the Council. COUNCIL (CONSENT CALENDAR - ITEM 3J) Councilmember Absence. APPROVAL of requests for excused absences for Councilmembers Tim Clark and Jim Bennett from the September 20, 1994, City Council meeting. Both will be out of town and unable to attend. FIRE (BIDS - ITEM 5D) DEPARTMENT Paint Bids Fire Facilities. As a result of fiscal constraints and overall city priorities during the last couple of years, painting and related maintenance to several Fire Department buildings had to be deferred, which resulted in deterioration of the buildings, particularly on the East Hill. The buildings were evaluated by outside contractors and bids were let. No bids were received. Feedback indicates the need for 11 September 20, 1994 FIRE painting of the buildings to avoid further DEPARTMENT deterioration and long term followup actions were recommended to mitigate the deterioration of the East Hill site. The City Attorney's Office has determined that the City can now enter into negotiations with qualified contractors. It is being proposed, based on the limited time frame and funds avail- able, that all the sites be painted as soon as possible and that a long term solution for the East Hill site be phased in. It is anticipated that the existing CIP painting budget and funds from the Fire Station Emergency Generator pro- ject would cover the painting and first phase of the East Hill deterioration mitigation and contingencies. WOODS MOVED that the Fire Department be author- ized to enter into negotiations for contracts to paint the fire facilities and the first phase of mitigation of the East Hill site deterioration; that the Mayor be authorized to sign the con- tract after review and approval by the City Attorney; and that $30,000 be transferred from the Emergency Generator project to the Building Painting CIP project. Johnson seconded and the motion carried. PARKS & (CONSENT CALENDAR - ITEM 3K) RECREATION Parks Projects - Budget Change. APPROVAL of a budget change of $8,851 for three parks pro- jects, as recommended by the Operations Committee at their September 14th meeting. This will enable the Parks Department to close the projects and cover a minor deficit in the East Hill Parks Project. The adjustment is needed to recognize the earned revenue and provide for the necessary transfers. (BIDS - ITEM 5B) Rent Memorial Park Baseball Field Illumination Rehabilitation. Three bids were received for the Kent Memorial Baseball Field Illumination Rehabilitation Project. RMA Lighting Inc. of Redmond was the low bidder at $58,284. The engineer's estimate was $64,746. HOUSER MOVED that the bid for the Kent Memorial Park Baseball 12 September 20, 1994 PARKS & Field Illumination Rehabilitation Project be RECREATION awarded to RMA Lighting, Inc. in the amount of $58,284.00. Woods seconded and the motion carried. FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Bills. APPROVAL of payment of the bills received through August 31, 1994 and paid through August 31, 1994 after auditing by the Operations Committee on September 14, 1994. Approval of checks issued for vouchers: Date Check Numbers Amount 8/16/94-8/31/94 146289-146839 $1,7170,758.15 ADDroval of checks issued for Davroll for August 16 through August 31, 1994 and paid on September 2, 1994: Date Check Numbers Amount 9/2/94 Checks 197442-197760 $ 269,116.73 Advices 17706-18071 $ 419,105.61 $ 688,222.34 (CONSENT CALENDAR - ITEM 3G) LID 327 - Segregation of Assessment. ADOPTION of Resolution No. 1404 authorizing the segrega- tion of Assessment #7 in LID 327, as recommended by the Public Works Committee. The property is being divided into two parcels for which the assessment is to be distributed accordingly. (CONSENT CALENDAR - ITEM 3H) LID 330 - Seareaation of Assessment. ADOPTION of Resolution No. 1405 authorizing the segrega- tion of Assessment #45 in LID 330, as recom- mended by the Public Works Committee. The property is being divided into two parcels for which the assessment is to be distributed accordingly. (CONSENT CALENDAR - ITEM 3L) 1994 Youth Conference - Budaet Adiustment. AUTHORIZATION to establish a budget of $10,000 for the Police Department "Game of Life" Youth Conference, as recommended by the Operations 13 September 20, 1994 FINANCE Committee at their September 14th meeting. Funds for this seventh year event are provided by Drinking Driver Task Force, Washington Traffic Safety Commission Grant, Kent School District, the BEER Institute and the Auburn School District. (CONSENT CALENDAR - ITEM 3M) Morrill House Demolition - Budget Chancre. AUTHORIZATION to provide a budget change of $8,023.50 needed to demolish the main house at the Morrill property, as recommended by the Operations Committee at their September 14, 1994. The Committee recommends this house be demolished at the same time as the others since the code inspection has deemed it uninhabitable in its present condition. Funds would come from the CIP fund balance, leaving a balance of $253,031. REPORTS Parks Committee. Houser announced that the City's Wellness Committee is sponsoring an on- going food drive to benefit the Kent Food Bank, and encouraged everyone to donate produce and non-perishable items. ADJOURNMENT The meeting adjourned at 8:00 p.m. Brenda Jac e , CMC City Cler 14