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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 10/04/1994Kent, Washington October 4, 1994 Regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor White. Present: Councilmembers Bennett, Clark, Houser, Mann, Orr and Woods, Operations Director/Chief of Staff McFall, City Attorney Lubovich, Public Works Director Wickstrom, Parks Director Hodgson, Police Chief Crawford, Fire Chief Angelo, Finance Division Manager Miller, Human Resource Manager Viseth, and Governmental Affairs Division Manager Martin. Councilmember Johnson was excused from the meeting. Approxi- mately 85 people were at the meeting. PUBLIC Employee of the Month. Mayor White announced COMMUNICATIONS that Ada Marvosh of the Finance Department has been selected as Employee of the Month for October. He noted that Ada has worked for the City since August 14, 1978, and that she is currently a Customer Services Lead in the Customer Services Division of the Finance Department. Finance Division Manager Miller noted that Ada is such a positive person, and that they are pleased to have her in their department. She noted that Ada has completedLegal the following programs this last year: 1) g Assistant Program -Seattle University - which helps her in the area of collections and bank- ruptcy; 2) recently worked with and completed a program for the Police Department in setting up a program for better customer service in the weapon permitting so that it is a one-stop only; 3) and has completed training with Puget Power so that the City can begin receipting payments from Puget Power on October 14. Miller noted that Ada was a major person in setting up this process, and for training the other clerks that will take the money. She noted that Ada is known as a customer service person and that she sets a fine example for others. National Arts and Humanities Month. Mayor White read a proclamation declaring the month of October, 1994 as National Arts and Humanities Month in the City of Kent. He encouraged all citizens to continue supporting the arts and humanities as essential ingredients of our American way of life. Parks Director Hodgson accepted the proclamation. special Olympics Coach and Volunteer of the Year. Mayor White read a proclamation declaring October 8, 1994 as Special Olympics Coach and Volunteer of the Year Day. He noted that Ginny Tubbs, Special Olympics Coach, and Scott Buroker, Special Olympics Volunteer for Kent 1 October 4, 1994 PUBLIC Parks, have gone beyond the expectations COMMUNICATIONS bestowed upon them by the Washington Special Olympics, and are, therefore, being recognized as Coach of the Year and Volunteer of the Year for their exceptional commitment, dedication and skills in working with athletes who are dis- abled. The Mayor encouraged all citizens to join in recognizing their contributions to Kent Parks Special Olympics and the special needs of these young athletes. Delegates from Yanqzhou, China. Mayor White noted that there are special guests in the audience tonight from our sister city in Yangzhou, China who are visiting the City of Kent. He explained that they are here for the Asia-Pacific Trade Exchange and were invited to attend the Council meeting tonight. Public Affairs Manager/Ombudsman Martin introduced the delegation, and he noted that 416 delegates have gathered this year for the Trade Exchange. He explained that nearly 300 were international delegates with the rest being domestic exhibi- tors and people who were writing business. Mr. Jia Bing, Vice -Director of Yangzhou Standing Committee, Peoples' Congress, and head of the delegates, addressed the Council through the interpreter. He expressed, on behalf of the 9.3 million Yangzhou people, their heartfelt greet- ings to the citizens of Kent. He noted that the two cities' friendship relations have developed very quickly since April 8th of this year. He further noted that several letters of intent for commercial goods business have been signed in the last two days. He stated that Yangzhou's General Secretary visited Kent in June and signed an agreement for a personnel exchange program, and that while they are here further agreements such as Governmental Official Exchange, Student exchange, and Teacher exchange programs will be signed. He noted that their visit will increase the two cities' mutual understanding and seek more cooperation oppor- tunities in a variety of fields such as culture, business, economy and education. Jia Bing noted that Yangzhou is an ancient city which is over 2,470 years old and is a beautiful city just like the City of Kent. He thanked all the people of Kent, especially the City Council, who have worked very hard to promote the friendship relation between the two cities. He wished for 2 October 4, 1994 PUBLIC the City of Kent to be prosperous and that the COMMUNICATIONS friendship will last forever. Mayor White expressed a special thanks to the Council because they have been a great support in this program. He noted that the Yangzhou people are very gracious people to work with, who are most anxious to learn about our culture as well as everything that we do, and that we are in- terested in what they do. Regional Justice Center Update. Wendy Keller, Project Manager, noted that all the buildings are gone, and that the foundation is being dug up which has added noise, but that they have tried to keep water on it to keep the dust down. She noted that one of the goals was to achieve a 40-50% recycling of the materials on the site, and that the concrete being ground up will be going underneath the road beds on the site. She explained that all the soil dug up on the north end of the site will be used, so there is cur- rently a pile of soil on the site. She noted that they expect to give the go ahead next week to the preload contractor, and that they are loading the site about 8 feet deep in dirt in the whole North end, the middle of the site, and the southern end. She explained that the reason for doing this is so they don't haul as much dirt in, and that costs are saved by rolling it over and only adding to it each time they roll it. Keller noted that it will also save in the amount of traffic taking it off the site, and that they expect to begin in the middle of the month. She noted that 90% of the documents are done. She noted that a pre -development meeting with staff from the City has been held and that they expect to turn in their 100% documents by the week of October 17th as well as their building permit application. Keller stated that it doesn't mean they are getting a building permit, but that they are applying. She ex- plained that from that date up to the Christmas vacation, a review of their documents by the City will be done so that corrections, if any, can be made according to code and then be ready to print in final to go out for bid. She ex- pressed appreciation for the cooperation and assistance of Kent's technical department staff as they have worked on a great number of issues. She announced that on Friday, November 4th, from 1:00-5:00 p.m. at the Kent Commons, there will 3 October 4, 1994 PUBLIC be a Minority and Womens Business Conference COMMUNICATIONS along with small businesses meeting with the potential general contractors who will bid on this site, hopefully, to get some partnering with some of the local businesses and smaller businesses on this project. CONSENT WOODS MOVED that Consent Calendar Items A CALENDAR through T, with the exception of Items L and S, be approved. Orr seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 3A) Approval of Minutes. Approval of the minutes of the regular Council meeting of September 20, 1994. WATER (BIDS - ITEM 5A) 116th Avenue SE Water Main Relocation. Bid opening for this project was held on September 29th with nine bids received. The low bid was submitted by Fournier Construction, Inc. in the amount of $89,937.22 including tax. The Engineer's estimate was $99,246.45. The project consists of relocating an existing 12" waterline on 116th Avenue from 270th to 272nd in order to conform to future 272nd Corridor road grade which is being built by the developers of the Kingstone plat. MANN MOVED that the 116th Avenue SE Water Main Relocation contract be awarded to Fournier Construction, Inc. for the bid amount of $89,937.22. Bennett seconded and the motion carried. SEWER (CONSENT CALENDAR - ITEM 3I) James Hankins - Sewer Permit. APPROVAL of service connection to the City sewer for James Hankins' property subject to execution of an annexation covenant and payment of a charge equivalent to the original LID assessment, as recommended by the Public Works Committee. Mr. Hankins is a resident in the unincorporated portion of West Hill Island who is having pro- blems with his septic system and wishes to connect to the City sewer. Mr. Hankins' pro- perty was removed from the original LID which provided sewer service to the area due to lack of support for the project and the required 4 October 4, 1994 SEWER annexation. Mr. Hankins has executed an an- nexation covenant and will be charged an equivalent cost to that of the original LID assessment for his service. STREET (PUBLIC HEARINGS - ITEM 2A) IMPROVEMENTS LID 345 S. 218th Street Improvements. This date has been set for the Public Hearing on LID 345 for the improvement of S. 218th Street from East Valley Highway east to SR 167, including water and sewer stub extensions to unserviced property. Public Works Director Wickstrom explained that this is an LID in the industrial area of Kent on East Valley, approximately in the middle of the City. He noted that the City took the initia- tive to begin the LID on 10/18/90 because it is a highly industrial area and zoned industrial. He explained that it is a two-lane road that was agricultural, and that it is unsafe and impos- sible for two trucks to pass simultaneously with all the development in the area. He noted that it has potential for accidents and pedestrian accidents as well, and that over a period of time there have been a significant number of no - protest LID covenants where the property owners have chosen to accept an LID formation for im- provements whenever one is formed. He explained that there are about 74.8% in terms of commit- ment towards this project, but that the project was deferred because the City ran into a wetland issue that put it on hold until the Council adopted a wetlands ordinance. He noted that in March, 1994 another meeting was held with the property owners, but prior to that the City had reviewed the project and looked at ways to cut costs which ended up with this final version of the project. He noted that the City is pro- posing to improve 218th Street, which is a substandard road, with curb, gutter, sidewalks, use of the existing lighting and pole systems, and add additional street lights. He further noted that the City wants to put a storm drain system down through the area, a cul-de-sac on the end, and bring up various stub sewer and water extensions to the properties so that they could develop without cutting the street. He explained that the total LID project to be assessed is $1,164,620.59 with some water and sewer funds available primarily to bring the 5 October 4, 1994 STREET stubs to the property and after connection to IMPROVEMENTS those stubs, the City would then be reimbursed for their cost. He reiterated that it takes a 40% approval from the property owners to create an LID and the City has a 74.8% commitment through the no -protest agreements already. The Mayor opened the public hearing. Elsie Rust, 8619 S. 218th, Kent, expressed that she doesn't feel the issue has been completely explained because, for instance, two trucks can pass each other. She voiced concerns about the City taking all that property on their side of the road, the sidewalks when there aren't any pedestrians and the project when the road is a dead-end street. She noted that property owners couldn't develop unless they signed a no -protest agreement. Jim Rust, 3910 S. 242nd, Kent, son of Mr. & Mrs. Rust, questioned the conditions under which the owners had to agree to sign the no -protest agreement. He noted that the owner was told that they couldn't build unless this agreement were signed which is a little bit of coercion in his opinion. He felt that the City of Kent should really consider whether that is a legal and valid 74%, and asked the Council to please consider it before making their decision. Rodney Bailey, owner of property at 8605 S. 218th (parcel #6), noted that he has addressed the issue on the formation of an LID on a number of occasions and stated that he opposes it because of the cost impact upon the property owners. He stated that there is no reason for it given the traffic conditions that exist in the neighborhood. He expressed concern about an excessive width requiring sidewalks on both sides of the street which has almost no foot traffic at all, and that no assurances have been given by the City that a portion of their pro- perty will not be required by the said LID. He stated that they are very concerned with the future impact as far as landscaping and setback requirements because the street margin is that much closer to the property, and that it virtually becomes an unusable site if any substantial portion of their property is taken. He wanted to go on record as definitely being opposed to the LID formation. 9 October 4, 1994 STREET Les Snodgrass, owner of property located at 8602 IMPROVEMENTS S. 218th (Parcel #3), wanted to make it very clear that he also opposes the project. He noted that he is one of the 74% that signed the no -protest agreement because when he purchased his property in late 1988 or early 1989 he was an unsophisticated buyer not really knowing the consequences. He stated that he was also told that if he didn't sign it, a conditional use permit would not be authorized so he could use the property as it had been used for many years. He expressed that it was a little bit of bureau- cratic blackmail and questioned the ethics used. He voiced concern over whether his property value would increase significantly if the LID were approved, and he also noted that the pending LID has caused a great deal of grief in showing his property as it is up for sale. He further noted that he is adamantly against the project. Mr. Brutsche, 13445 SE 256th, Kent, owner of parcel #16, noted that he is also owner of a lift truck company which has been in business for 20 years and at the present location for 4 years. He expressed his opposition to this LID proposal because it isn't necessary. Grady Duesser, owner of property at 8803 S. 218th Street, noted that he is also in oppo- sition mainly because in 1991, he was told that he would be assessed $10,000-$12,000 for the road improvements but over the course of three years it has gone from this amount to $36,000 and to that extent he grossly opposes the LID formation. Jim Rust, 8619 S. 218th Street, noted that he is opposed to this project. There were no further comments from the audience, and WOODS MOVED to close the public hearing. Orr seconded and the motion carried. At Council's request, Wickstrom addressed some of the questions and concerns the opposing property owners presented. He noted that the real issue is a question of who will be re- sponsible for building or rebuilding a road. He explained that the subject road was built as a 7 October 4, 1994 STREET farm designation and according to those stan- IMPROVEMENTS dards didn't require a heavy duty road to handle farm equipment or light traffic, but today it's an industrially zoned property with almost the bulk of the area nearly developed and heavy truck traffic. He further explained that the road can no longer withstand those loadings so if it isn't improved by the local people who use it then it means eventual improvement would be the whole City's responsibility and that the general City would be paying for a road that would primarily benefit just an immediate area. He noted that the purpose of a local improvement district is that the immediate benefitting properties pay for the extent of the improve- ments as well as taking the benefits of those improvements. He explained that the road is substandard and that the City's ordinance re- quires that if a property owner gets a building permit he is either required to improve the front footage and bring it up to City standards or execute a deferral, not just a commitment but a deferral, for a 10 -year period of that improvement. He noted that at the end of the 10 -year period a property owner either has to do the improvement or form an LID, which can be formed any time to take the burden off that individual. Wickstrom stated that sidewalks are a standard in all projects and that the City looked at deleting the sidewalks on the south side but realized that the big land owner, such as Trammell Crow, is picking up the bulk of what would have been a smaller property owner's cost. Wickstrom noted that the sidewalks could be dropped from the south side as well as reducing the right-of-way but that it wouldn't change the assessments significantly. Upon Woods' request, Wickstrom explained that once an ordinance is passed a protest is part of the State Law where written protests have to be filed with the City Clerk, are tallied up, and if they amount to more than 60%, then the LID is dead. He further explained that if the total number of protests received were tallied right now it would add up to about 11% of the total project costs. Wickstrom noted that an LID covenant is simply a means of offering the pro- perty owner, who has the responsibility for his road frontage, an alternative to improve the M October 4, 1994 STREET road. He noted that the agreement essentially IMPROVEMENTS states that if you are going to build, it means more intense use on the road and if the road is not structurally sound or capable of handling that load or burden, someone should be respon- sible for it. He explained that the Council passed the ordinance stating that a new develop- ment should make those improvements along their frontage and they authorized that instead of requiring those improvements to be built in conjunction with that building permit, they have allowed execution of no -protest LID agreement essentially deferring those improvements over a period of 10 years maximum. He noted that if an LID is formed, then there is a payment plan for the property owners to pay for the obligation that he has committed to rather than have the owner come up with the cash. Upon Orr's question, Wickstrom explained that the "S" curves are not adequate for passing vehicles, and that several accidents have occurred where the vehicle has slid into the ditch because it couldn't go through at the same time as another vehicle. He also noted that City would be subject to a liability suit if an injury accident happens because the City is the one who issues the building permits and now that the City is aware of those safety issues the liability is even much more significant. He explained that if the City continues to issue building permits to areas east of the "S" curves, without improvements made, then the City is subject to the liability and involved in the suit. He stated that an LID is a way to charge everyone benefitting by the improvements rather than making the last one in pay for everything. He noted for Orr that no traffic or pedestrian counts have been done on this particular street. Wickstrom clarified for Orr that there are two issues involved, 1) should an LID be formed, and 2) would the property value be enhanced by the improvement. Clark noted that the liability issue was of concern at the Public Safety Committee meeting because it was clear that the "S" curves are dangerous and, that if the City didn't do something about them, the City would become liable at which point it became clear that something had to be done. V October 4, 1994 STREET Houser felt that the property owners would be IMPROVEMENTS happier if the project were cut back a little and perhaps just put sidewalks in on one side of the street rather than two. Mayor White ex- plained that the City currently has $300,000 in its capital improvement budget to spend on sidewalks every year to put in where the City didn't require development to do so at the time, and that it has been his recommendation to staff to put in sidewalks everywhere there are street improvements being done as much as possible to keep the general population from paying for specific sidewalks in specific areas. Bennett expressed that he has a difficult time with a no -protest agreement and that this is a dead-end street. He stated that since there is no pedestrian traffic, it makes more sense to put in a sidewalk only on one side of the street. He expressed that the City has an antiquated system which creates more problems for Council people and citizens than needs to be and it may need to be addressed. Mann felt that it might be to the best interest of everyone involved if this issue were brought back to the Public Works Committee. He asked Wickstrom to consider a traffic and pedestrian count in response to Ms. Orr's question, and again to address the issue of sidewalks. He asked Wickstrom to provide the exact figures to the committee and the difference in having one sidewalk as com- pared to having two. MANN MOVED that this issue be sent back to the Public Works Committee for those issues. Bennett seconded. Bennett voiced concern in regard to the LID process. The motion then carried. (CONSENT CALENDAR - ITEM 3C) Creation of LID 346 - S. 212th Street Improvements. ADOPTION of Ordinance No. 3186 forming the Local Improvement District 346 for the improvement of S. 212th Street Sidewalk, Street Lighting and Sanitary Sewer service to specific parcels, as recommended by Council. STREET USE (OTHER BUSINESS - ITEM 4A) Street Use Permit Ordinance. The Public Works Committee has recommended adoption of an ordi- nance amending Chapter 6.07 of the Kent City Code entitled "Street Use Permits" to require the issuance of a building permit prior to the 10 October 4, 1994 STREET USE issuance of street use permit for moving a house to be sited within the City limits. City Attorney Lubovich explained that the ordinance requires a building permit prior to obtaining a street use permit to move any building or structure through the City of Kent if that structure is to be located and situated within the City. He noted that the reason for this ordinance is to prevent the storage of homes on stilts or blocks without permanent foundations. He further explained that a house to be moved through the City without a destina- tion in the City does not require a building permit. The Mayor noted that there are several homes sitting on stilts in the City and have been around for quite some time so the City is trying to get them cleaned up. He also noted that this is a move to help the City to keep from getting more of those homes in the meantime. MANN MOVED to adopt Ordinance No. 3192 amending Chapter 6.07 of the Kent City Code to require that a building permit be issued prior to the issuance of a street use permit for moving a house to a sited area within the City limits. Houser seconded. Upon Bennett's question, Lubovich explained that a building permit is good for 6 months and can be extended for another 6 months, if needed. He noted that after the 6 month building permit expires, it can become an issue of a dangerous building under the "Abatement for Dangerous Buildings" code for being abandoned for 6 months and other conditions that surround it such as access, fire hazards, and other things. He clarified for Bennett that an individual has up to a year to deal with that property, providing an extension of the building permit is granted. Lubovich pointed out that the ordinance deals with more than just homes, it includes buildings and structures and is not just limited to houses. The motion then carried. 11 October 4, 1994 TRAFFIC CONTROL (CONSENT CALENDAR - ITEM 3E) Speed Limits. ADOPTION of Ordinance No. 3188 establishing a new chapter, Chapter 9.40 of the Kent City Code, relating to the establishment of speed limits, as recommended by the Public Safety Committee. The Kent City Code adopts by reference the Model Traffic Ordinance set forth in Chapter 308-330 WAC. The provisions of the Model Traffic Ordinance set forth the procedure for cities to determine and declare the maximum speed limits on City arterials, streets, and other rights-of-way, and allows such to be done by resolution. Adoption of the proposed ordi- nance would codify and provide notice of the process for establishing speed limits. (CONSENT CALENDAR - ITEM 3F) speed Limits. ADOPTION of Resolution No. 1406 relating to vehicular speed limits on certain designated streets. The Kent Model Traffic Code adopts by reference the Model Traffic Ordinance set forth in Chapter 308-330 WAC. The provi- sions of the Model Traffic Ordinance set forth the procedure for cities to determine and de- clare speed limits on certain arterials, streets and other rights-of-way. An ordinance being considered concurrently with this resolution establishes a new chapter of the Kent City Code, Chapter 9.40, providing that the City may establish speed limits on certain streets by resolution. This resolution would amend the speed limits previously established in Resolution No. 1299, which would be repealed. (CONSENT CALENDAR - ITEM 3G) No Parking Zones. ADOPTION of Ordinance No. 3189 amending Chapter 9.38 of the Kent City Code relating to no parking and restricted parking zones, as recommended by the Public Safety Committee. The City's current parking ordinance refers to lists on file in the City Clerk's office for specific no parking or re- stricted parking zones. Due to the number of lists that need to be maintained and the diffi- culty of providing adequate notice of these zones, this ordinance would incorporate and amend the current list of no parking and restricted parking zones into Chapter 9.38. 12 October 4, 1994 TRAFFIC CONTROL (CONSENT CALENDAR - ITEM 3H) Wicom system. IMPLEMENTATION and UPGRADING of the City's Opticom System which preempts the traffic signal giving emergency response vehi- cles priority, as recommended by the Public Works Committee. Approximately 40% of the existing traffic signals are presently fitted with the older technology Opticom units with some totally obsolete in terms of finding replacement parts thus creating a traffic safety issue. The 3-M Company is offering a special trade-in deal which is good until the end of this year, and will save the City $75,000 if acted upon now versus waiting for the 1995 budget. The total cost to upgrade the system is about $170,000. There is $177,000 of left over street money in the West Valley Highway Project Improvement Fund (LID 328 - $143,630 and LID 327 - $33,049). SIDEWALKS (CONSENT CALENDAR - ITEM 3L) (REMOVED BY OPERATIONS DIRECTOR MCFALL) Meadow Ridge Elementary School Pedestrian Pathway. Prior to the opening of the Meadow Ridge Elementary School on 108th Ave., there was an issue relating to pedestrian access to the school. As a condition of utility service to the school, the City required the school to con- struct a paved 5 foot wide asphalt shoulder along the east side of 108th Ave from SE 264th to the school site, for which they paid to the City approximately $71,000 to construct same. The City proposed to widen the width to 8 feet due to safety concerns expressed by the Tudor Square neighborhood however this was not accept- able to the neighborhood representative. As such, a revised alternative has been agreed upon wherein a path would be constructed along 110th Avenue in addition to some shoulder widening on 108th Avenue. Monies for this project would be $71,000 (School District money) plus $19,880 City sidewalk fund. Operations Director McFall requested that this item be removed from tonight's agenda because several residents from the subdivision through which this pathway will go, as well as repre- sentatives from the Tudor Square subdivision, have contacted the City with concerns about not being involved in the process and discussions. 13 October 4, 1994 SIDEWALKS He recommended to the Council that this item be referred back to the Public Works Committee which would give the Public Works staff an opportunity to work with the neighborhoods in question and come back to the Public Works Committee with a full recommendation. Bennett requested that the Council allow at least one or two people from the audience to speak to the Council about their concerns as well as possibly setting up a meeting with all the parties involved so that Council could perhaps address the issue at the next Council meeting. Mayor White concurred that a special meeting needs to be set up devoted solely to address the issue of what the neighborhood wants. It was the consensus of the Council to allow three people from the audience to address them realizing that the Council will not hear the issue or make a judgment tonight but rather to understand how the citizens and Council can better communicate with each other. Steven Holly, 27033 - 110th Court SE in the development known as Whispering Woods or Echo Glen Heights, explained that he was representing the residents of Echo Glen Heights and wanted to present a petition to the Council. He noted that the petition simply states that, "The undersigned do hereby state their opposition to the construction of the proposed 110th walkway." WOODS MOVED to make the petition a part of the record. Orr seconded and the motion carried. Sylvia Hicks, 27108 - 110th Ave SE, Kent, noted that communication regarding this issue between the City of Kent and the newly annexed residents of Whispering Woods or Echo Glen Heights and Tudor Square has been very poor. She explained that the residents feel very uncomfortable since they are new to the City's jurisdiction and they don't know what the rules are or how the City conducts business and makes decisions, but would like to be informed. Mayor White apologized for any misunderstandings that have happened up to this point and noted that the Council will do a better job in the future. He also noted that the Council's purpose is to work with the resi- dents to get a solution to this problem. 14 October 4, 1994 SIDEWALKS Robert Stead,_ 11239 SE 267th Place in the development known as Tudor Square, noted that Charlie Kieffer had asked him to thank the City on behalf of the Kiefers and Sopers for keeping him informed on their efforts in trying to improve the walkway to the school. Mr. Stead noted that the primary problem seems to be the interaction between the City and the School, and that the School District has brought only people to meet with the City who are either uninformed or unable to have the authority to carry out what's been agreed to in the meetings with the residents and the City. He expressed that all the neighbors involved, the right people from the City, and the right people from the School District need to meet together at the same time. He also stated that questions need to be an- swered and decisions made by those two govern- ment bodies who have authority and knowledge to deal with the situation and make sure the things agreed upon are carried out. Mayor White explained that a rumor has been circulating that he has had a meeting with Mr. Hager, Supt. of the School District, and that an agreement was made which is not true. Mayor White suggested that Brent McFall arrange a meeting with the proper school officials and see if a resolution can be reached. ANNEXATIONS (CONSENT CALENDAR - ITEM 3R) Jones/Hobbs Annexation - Set Hearing Date. AUTHORIZATION to set October 18 for the public hearing on the proposed Jones/Hobbs Annexation, and for the Clerk to provide the required statutory notice. The City has had its "Notice of Intent" approved by the County Boundary Review Board and has re- ceived a valid annexation petition signed by the owners of not less than 60% of the assessed valuation of the proposed annexation area. As a result, it is now appropriate to set a date for the public hearing to consider the proposed ,,Jones/Hobbs" Annexation to the City of Kent. 15 October 4, 1994 ANNEXATIONS (CONSENT CALENDAR - ITEM 3S) OTHER(REMOVED FROM PLACED CONSENT BUSINESS(4C)BYCOPERATIONSDDIRECTOR�DER MCFALL) Beck Annexation. Operations Director McFall noted for Council that the reason for removing this item from the Consent Calendar was because the wording of the summary and proposed motion in the packet was incorrect. He noted that it should read as follows: On September 6, 1994, the City accepted a valid notice of intent to form an annexation ( the "Beck" annexation) signed by the owners of not less than 10% of the area proposed for annexa- tion. At this time, the City is in possession of signed "no -protest" (to annexation) agree- ments equaling more than 60% of the assessed valuation of the proposed annexation area. Because these no -protest agreements are the equivalent of actual signatures on an annexation petition, it is now appropriate to accept the no -protest agreements as the equivalent of a valid petition and to direct staff to prepare a "Notice of Intent" document for filing with the County Boundary Review Board. ORR MOVED to accept the appropriate no -protest to annexation agreements on file as the equi- valent of a complete 60% petition for the Beck Annexation, and direct staff to prepare and file a Notice of Intent" regarding the proposed Beck Annexation with the County Boundary Review Board. Woods seconded and the motion carried. PROCUREMENT (CONSENT CALENDAR - ITEM 3D) CODE Procurement Policies. ADOPTION of Ordinance No. 3187 and APPROVAL of an administrative policy amending the City's procurement code to allow for more efficient and cost effective purchasing while maintaining accountability, as approved by the Operations Committee. The pro- posed procurement policies are divided into an ordinance for larger purchases and an adminis- trative policy for smaller purchases. MORATORIUM (PUBLIC HEARINGS - ITEM 2B) Moratorium Regarding Zoning for Adult Entertainment Businesses. This date has been set for a public hearing on the emergency ordinance adopted by the Kent City Council at 16 October 4, 1994 MORATORIUM its September 20, 1994 meeting, imposing a moratorium on the issuance of permits and on the acceptance of applications for permits for adult entertainment businesses. This ordinance was adopted as a result of the ruling of the U.S. District Court for the Western District in Cause No. C94 -256Z holding that the City's adult entertainment zoning restrictions do not provide an adequate number of alternative sites for the location of such facilities. The moratorium was established for a period of six months from the effective date of the ordinance or until the effective date of any ordinance establishing new land use regulations governing such businesses. Pursuant to RCW` 35A.63.220, a hearing on the issue of a land use moratorium must be held prior to or within sixty days following adoption of such ordinance. City Attorney Lubovich explained that the Council did pass an emergency ordinance at the last Council meeting for a land use moratorium on zoning restrictions for adult entertainment businesses and that State law requires that a public hearing be held, if not before the ordinance then within 60 days of adoption of such ordinance, and that the Council must make findings. He noted that the Council has in- formation before them tonight which contains some proposed findings of fact that deal with this particular subject. Mayor White opened the public hearing. There were no comments from the audience. WOODS MOVED to close the public hearing. Orr seconded and the motion carried. Orr entered the following findings of fact into the record: A. On September 20, 1994, the Kent City Council adopted an ordinance establishing a moratorium on the issuance of permits and on the acceptance of applications for per- mits for adult entertainment businesses. B. Such moratorium is imposed pursuant to the authority of RCW 35A.63.220, which provides that if a moratorium is adopted, the legis- lative body shall hold a public hearing and adopt findings of fact justifying its action on the moratorium. 17 October 4, 1994 MORATORIUM C. Therefore, based on evidence and informa- the City Council of the tion City before it, of Kent adopts the following findings of fact: 1. The activities defined and regulated as adult entertainment result in negative secondary effects detrimental to the public health, safety, and general wel- fare of the citizens of the City and, therefore, such activity must be regu- lated. 2. Regulation of the adult entertainment industry is necessary because in the absence of such regulation, significant criminal activity has historically and regularly occurred. This history of criminal activity in the adult enter- tainment industry has included pros- titution, narcotics, and liquor law violations, breaches of the peace and presence in the industry of individuals with hidden ownership interests and outstanding arrest warrants. 3. In order for the City to effectively protect the public health, safety and general welfare of its citizenry, it is important that the City be fully ap- prised of the actual ownership of adult entertainment establishments. 4. In the absence of regulation, the acti- vities described herein occur regard- less of whether the adult entertainment is presented in conjunction with the sale of alcoholic beverages. 5. Based on the findings of the City of Kent Adult Use Zoning Study of November 1982, and the evidence of the negative secondary effects caused by the adult entertainment industry which have been noted and supported by findings of other legislative bodies, the City of Kent adopted zoning restrictions and licensing regulations in 1986 and 1988. 6. On August 11, 1994, the City's adult entertainment zoning restrictions were found, by the U.S. District Court for the Western District of Washington, to deny adult entertainment businesses reasonable alternative avenues of com- munication by not providing an adequate 18 October 4, 1994 MORATORIUM number of alternative sites for the location of such facilities. 7. Based on this ruling, the City needs time to revise its present zoning re- strictions and determine how to provide reasonable sites for the location of adult entertainment businesses con- sistent with the court's ruling. 8. The protection of the public health, safety and welfare would be jeopardized by the establishment of adult enter- tainment businesses prior to adoption of new zoning legislation by Council after receipt of the recommendations regarding the zoning of such businesses by the Planning Commission. 9. Any changes to the zoning code must also consider changes in zoning regu- lations adopted pursuant to the Growth Management Act, RCW 36.70A. 10. The City Council therefore finds that the protection of the public health, safety and welfare supports imposing a moratorium on adult entertainment businesses pending appropriate amend- ments consistent with the ruling of the U.S. District Court. 11. Due to the court's ruling that City zoning code restrictions do not allow for an adequate number of sites for the location of adult use businesses, the City cannot properly accept and process applications for such facilities. 12. Pursuant to RCW 35A.12.130, the City Council also finds that, due to the negative secondary effects associated with adult entertainment businesses, an emergency moratorium ordinance is necessary for the protection of public health, public safety, public property, and public peace. 13. The findings set forth herein and as authorized pursuant to RCW 35A.63.220, are adopted in support of the moratorium established pursuant to Emergency Ordinance No. 3185 for a period of six months from the effective date of said ordinance or until the effective date of any ordinance es- tablishing new land use regulations 19 October 4, 1994 MORATORIUM governing the location of adult enter- tainment businesses, whichever is sooner, and during said moratorium, no use permit shall be issued nor shall any use or permit application be accepted for any adult entertainment business as defined in KCC 5.11. ORR MOVED to adopt the findings on the emergency ordinance establishing a land use moratorium relating to adult entertainment businesses. Woods seconded. Mann reiterated his reason for voting on the moratorium, seeing it as a need to keep from having a proliferation of "Adult Entertainment" establishments in the City. He stated again for the record that he is con- strained to say that he does not concur with the Court's finding on this matter. He felt that the finding was ambiguous and an offense to himself personally, and he believes an offense to the Council as elected representatives of the people. He stated that he will not support any change in our present ordinance and will strive to keep the Council from compromising on this issue. The motion then carried. PARKS & (BIDS - ITEM 5B) RECREATION Kiwanis Tot Lot #1 Renovation. Four bids were received for the Kiwanis Tot Lot #1 renovation project. Parkwood Services, Inc. of Seattle was the low bidder at $65,625 (base bid of $62,200 plus Alternates 1 and 5). The engineer's esti- mate was $60,000-65,000, including Alternates 1 and 5. HOUSER MOVED to award the Kiwanis Tot Lot #1 project to Parkwood Services, Inc. in the amount of $65,625, which includes the base bid of $62,200 plus Alternates 1 and 5. Bennett seconded and the motion carried. HUMAN RESOURCES (CONSENT CALENDAR - ITEM 3M) Employee Assistance Program - Contract. AUTHORIZATION to enter into a contract with Maschhoff Barr and Associates to provide an Employee Assistance Program for City employees and their families, as requested by the Human Resources Division. 20 October 4, 1994 BUDGET (CONSENT CALENDAR - ITEM 3Q) 1995 Budget Workshop - Set Date. APPROVAL to set October 18, 1994 for a Council workshop at 5:30 p.m. to review the 1995 Preliminary Budget document. This meeting will be used to distribute and review the 1995 Preliminary Budget and to receive further direction from Council on any additional meetings that may be required before the adoption of the 1995 Budget. A public hearing is scheduled for the November 1, 1994 Council meeting, and adoption of the 1995 Budget is scheduled for the November 15, 1994 Council meeting. COUNCIL (CONSENT CALENDAR - ITEM 3T) (ADDED BY COUNCIL PRESIDENT WOODS) Excused Absence. APPROVAL of a request from Councilmember Johnson for an excused absence from tonight's meeting, due to illness. FINANCE (CONSENT CALENDAR - ITEM 3B) _Approval of Bills. APPROVAL of payment of the bills received through September 15, 1994 and paid through September 15, 1994 after auditing by the Operations Committee on September 28, 1994. Approval of checks issued for vouchers: Date Check Numbers Amount 9/1/94-9/15/94 146840-147388 $2,268,181.98 _Approval of checks issued for payroll for September 1, 1994 through September 15, 1994 and paid on September 20, 1994: Date Check Numbers Amount 9/20/94 Checks 197761-198058 $ 254,775.31 Advices 18072-18434 439,655.12 $ 694,430.43 (CONSENT CALENDAR - ITEM 3J) LID 327 - Segregation Request. ADOPTION of Resolution No. 1407 authorizing the segregation of Assessment #45 in LID 327 and ADOPTION of Resolution No. 1408 authorizing the segregation of Assessment #46 in LID 327, as recommended by the Public Works Committee. The property is 21 October 4, 1994 FINANCE being divided separately thereby each one paying its equal share of the assessment. (CONSENT CALENDAR - ITEM 3K) LID 330 - Segregation Request. ADOPTION of Resolution No. 1409 authorizing the segregation of Assessment #6 in LID 330 and ADOPTION of Resolution No. 1410 authorizing the segregation of Assessment #7 in LID 330, as recommended by the Public Works Committee. The property is being divided separately thereby each one paying its equal share of the assessment. (CONSENT CALENDAR - ITEM 3N) LID 344 - Installment Note and Ordinance. APPROVAL to provide a 10 -year installment note to fund LID 344 from the LID Guaranty Fund, and AUTHORIZATION to approve Ordinance No. 3190 and have the Mayor sign the 10 -year LID installment note for $66,097.12, as recommended by the Operations Committee. (CONSENT CALENDAR - ITEM 30) LID 342 - Installment Note and Ordinance. APPROVAL to provide a 10 -year installment note to fund LID 344 from the LID Guaranty Fund, and AUTHORIZATION to approve Ordinance No. 3191 and have the Mayor sign the 10 -year LID installment note for $57,988.81, as recommended by the Operations Committee. PUGET POWER (CONSENT CALENDAR - ITEM 3P) Puget Power Receipting - Letter of Agreement. AUTHORIZATION to have the Mayor sign a letter of agreement with Puget Power for the City to begin receipting Puget Power payments for our citi- zens, effective October 1, 1994, as recommended by the Operations Committee. VALLEY MEDICAL (OTHER BUSINESS - ITEM 4B) CENTER Valley Medical Center Proposed Tax Levy Lid Lift. The Operations Committee has recommended adoption of a resolution opposing Valley Medical Center's proposed tax levy lid lift. Valley Medical Center is proposing a tax levy lid lift which may impact funding of junior taxing dis- tricts. The resolution encourages citizens of Kent and local neighboring communities to become informed of the impacts to public safety as a result of the proposed tax levy lid lift, and further encourages junior taxing districts and 22 October 4, 1994 VALLEY MEDICAL the State legislature to evaluate long term CENTER funding options and solutions to meet the community's needs for public safety services. ORR MOVED to adopt Resolution No. 1411 opposing Valley Medical Center's proposed Hospital District tax lid lift due to the public safety impacts to the citizens of Kent and neighboring communities. Houser seconded. Eric Thoman, 400 S. 43rd Street, Renton, Washington, submitted a letter to the Council and noted that he is representing Valley Medical Center (General Counsel for the hospital). He expressed that he is surprised at the City Council for considering a resolution in opposi- tion to the hospital particularly in light of the fact that not one of the Councilmembers have contacted the hospital administration to learn about the hospital's needs. He noted that the hospital has some serious needs and would like to sit down with the Council and explain them before any decisions are made against the hos- pital. He noted that Mr. Clark had contacted one of the emergency room nurses at home to find out about this increase and to let the hospital know that the Council was going to take a posi- tion against them and Mr. Roodman, the hospital administrator. He stated that the hospital was shocked to find statements in the newspaper made by Mayor White that Valley Medical Center's proposed tax levy lid increase constituted a raid on the other junior taxing districts tax levies. He further stated that no one owns the tax base as it is up to the voters to determine where their taxes are to be spent. He explained that in his letter submitted to the Council, he points out that the hospital could raise its rates to $.75 per $1000 of assessed value but after discussion with the King County Tax Assessor, the hospital chose to go up $.50 because that does not impact other junior taxing districts. He noted that the King County Tax Assessor is making a very conservative projec- tion that could impact the other junior taxing districts but that his numbers project a de- crease in property values for 1996. He noted that the chairman of the Federal Reserve is raising interest rates for the fourth time this year, and that he projects inflation which means that the property values go up and yet the King 23 October 4, 1994 VALLEY MEDICAL County Tax Assessor is projecting a decrease in CENTER property values for 1996. He noted that Valley Medical Center passed a resolution to meet the concerns of the other junior taxing districts by stating that Valley Medical will protect the tax levy and pay them dollars that it takes away should there be a proration as well as protect the junior taxing district 6% increase asked for every year whether they need it or not. He further stated that he felt some of the council was victim to some backroom lobbying by Norm Angelo, and that he has convinced them this is going to be a raid on the Fire Protection District. He stated that Angelo's tax levy rate is 30% higher than the average of the Fire Pro- tection Districts in King County so if he would lower his rates by $.26 and meet the average, just like Valley Medical is trying to meet the average of other hospital districts in King and Snohomish County, there would be plenty of tax dollars to go around. Steve Kay, Chief Financial Officer for Valley Medical Center, residing at 3528 SW 171st Street, Seattle, distributed to the Council a document which addresses some levy questions and answers and briefly told the Council about the hospital's needs. He explained that Valley Medical Center has not come to the voters for 17 years to ask for a tax levy increase, and that their current tax levy rate is $.08, but that the hospital could be asking for up to $.75 increase. He felt that the hospital board and administration has set an example by running an operation where they have not sought to go to the taxpayers like the other hospital districts in the State and ask for as much tax support. He expressed that Valley Medical Center has come to the trough last and now they are being criti- cized because they have saved the taxpayers dollars over the number of years. He explained that the money would support the emergency room services, the community outreach programs for seniors and children, help to expand the primary care base need in South King County, and support their designation as a Level 3 Trauma Center in the State plan. He pointed out that over the last several years the hospital has implemented many cost saving measures in a time when medical costs have been soaring and noted that the hos- pital has gone as far as they can in containing 24 October 4, 1994 VALLEY MEDICAL costs. He explained that the hospital had a CENTER need for about $12 million, went to the County Assessor and was informed that they could go up $.50 without impacting any other junior taxing district and so the tax levy request was cut back to $.50 in view of that information. Connie Myers, 3608 -196th Avenue Court East, Sumner, noted that she works at Valley Medical Center in the emergency department and reiterated the concerns that she has on the Council's wishes regarding the tax levy. She noted that she has worked for the hospital for 13 1/2 years because she feels it is the best hospital in the area and because of the quality care provided to the community but she is con- cerned with the fact that it is getting harder to provide the quality care and the needs the hospital has for this levy to be passed. Kathy Schaeffer, 16315 - 131st Avenue SE, Renton, noted that she is the 3:00-11:00 charge nurse in the emergency department at Valley Medical Center. She noted that she had received a call at home last night from Councilmember Clark, that she returned his call today, and that he had informed her that the City Council was planning on taking a stand tonight against the bond issue and against Rich Roodman. She explained that she was in favor of the bond issue but that her personal issue was that at the beginning of the summer the rapid care was closed, which is part of the emergency de- partment, in which they see patients with non - urgent, non -emergent medical problems such as children with ear aches, sprains, and cuts and those types of things. She noted that rapid care helps to keep these patients out of the flow of the emergency department where more emergent situations are handled as well as cutting down significantly their wait time of up to 50% or more. She explained that because about half of the tax money from the bond issue will go towards emergency services, this is why she was concerned about the success of the bond issue. She noted that the staff has been cut twice in the last two years by the hospital's efforts to streamline the budget and have worked very hard to continue to care for patients in the community and hope this will be considered in the upcoming bond issue. 25 October 4, 1994 VALLEY MEDICAL Council President Woods thanked Mr. Kay, CENTER Ms. Myers, and Ms. Schaeffer for their com- ments, and wanted to enter for the public record that it is fortunate that they spoke after Mr. Thoman. She stated that she would like to perhaps send Mr. Thoman a tape of the manner in which he had addressed this body and suggest in all honesty that many of the Council feel that the manner in which he addressed them better personifies the attitude of Valley Medical Center than what the presence of the other three individuals do. She stated that there was outright arrogance in addressing the Council and suggesting that the Council could have accessed the hospital for information, when they already have information as to what's going on, slan- dered Chief Angelo, and it is not only the Mayor who feels offended when a member of the staff is attacked publicly. She explained that Chief Angelo came to the Public Safety Committee in which she had filled in for Mr. Clark on that occasion. She noted that Chief Angelo had sug- gested that a much milder resolution be adopted than what's in the Council packet tonight and certainly not one that opposed the levy and she wanted it to be a part of the public record. She explained that Chief Angelo took the very high ground when he came to the committee meet- ing, and that it was after the committee had adjourned that several separate resolutions went to the Operations Committee resulting in the resolution that appears before Council tonight. She suggested that Mr. Thoman's comments tonight were in the attack mode because he is a Counsel and Attorney, but that the Council does not function that way here. She noted that they try to be measured and reasoned in their interaction and that he must have found them to be at least reasonable, not contemptuous, of the people who appeared before them tonight. Woods noted that the Council at least listened and tried to do it in a measured way. She further noted that the problem Council has is that they must protect their citizens' public trust in every possible way, and that there are sincere concerns as to whether they would be doing that if they support the levy. She explained that the Council is elected by the citizens to not just provide for the funding of Valley Medical Center, which is a very big player in the valley, but to take into 26 October 4, 1994 VALLEY MEDICAL consideration the other concerns that are also CENTER present. She stated that we all know that the community needs are enormous, and we all know that we've almost reached the limit beyond which we cannot move in terms of our taxing abilities. She explained that this resolution says that we must address this beyond the local level, go to the State and ask the State to help address these major concerns. She emphasized that there is no question that Valley Medical, the Fire District, and other junior taxing districts have needs, but that they should be able to work the differences out over time. She noted that since Valley Medical is the major player in this levy request that perhaps they should work more co- operatively with the cities to solve some of these needs because everyone is under the gun and no matter what is done tonight, we will perhaps not have satisfied anyone. She further noted that there is no reference to the hospital administrator in this resolution. Houser noted that the concerns discussed at the Public Safety and Operations Committee meetings were flooding in the valley and public safety issues. She noted that the City is not opposed to the hospital, but rather the lifting of the lid without knowing what the consequences will be to the public safety and the citizens' safety in the valley. Orr noted, for the record, that she had received in the mail recently a lengthy piece of information about this issue which she read along with the flyer from Valley Medical Center. She stated, for the record, that this is most definitely not an issue against Valley Medical Center, and that she shares Dr. Woods concerns about the comments made about Fire Chief Norm Angelo. She explained that when he came to the committees, he came with facts, figures, information, and what he honestly be- lieved that the impacts could be. She noted her concern about the levy is that Valley Medical is willing to revert back to the other two taxing districts money they might need in order to survive during the next five years, if the worse case scenario were to happen, which makes her question why they went after the $.50 amount at this time rather than a smaller amount to see what will happen to the other two districts. Orr stated that she believes this resolution is 27 October 4, 1994 VALLEY MEDICAL in the best interest of the citizens of Kent, CENTER and that she will be supporting it. Clark apologized to Ms. Schaeffer for disturbing her, but noted that he was doing as much re- search as possible to find out about Valley Medical, and that he wanted another side as to what was happening. He noted that all the employees of Valley Medical are very sincere in wanting to provide the very best care possible, but that he had a problem with the presentation made in trying to lift the lid in the negotia- tions with the other districts. He opined that it was not exactly done in, what he felt was, the best interest of all the players in the game. He noted that Valley Medical clearly has some employee morale problems with two cutbacks in the nursing staff when the Administration proceeds to make significant sums of money both in terms of salary and bonus. He noted that staff also has been receiving bonuses and increases in salary at this time, and then the hospital turns around to pit public service and public safety against each other stating that they need tax dollars to try and make up for the shortfall. He expressed that he has great difficulty with that, and that he is not going to sit back and take it lightly. Mayor White asked Mr. Thoman to take a message back to his Administration that they do their homework with the community. He stated that the Council has no quarrel with Valley Medical as it is a fine facility, but that Administration needs to talk to the people in the district so that things can be worked out ahead of time9then bodies like the Kent City Council won't be taking positions like this. The motion then carried unanimously. REPORTS Council President. Woods reminded the Council that Suburban Cities Association will meet on Wednesday, October 12th, at the Woodland Park Zoo and if they plan to attend to let Ms. Banister know. Public Works Committee. Mann requested that Council excuse him from the October 18th Council meeting as he will be out of state for the whole week. o October 4, 1994 REPORTS Parks Committee. Houser asked everyone who comes into City Hall to please bring in some food for the Kent Food Bank, and noted that it would be greatly appreciated. EXECUTIVE Operations Director McFall added another item SESSION regarding discussion of property acquisition to the executive session, and noted that action is anticipated on one of the items. At 9:05 p.m. the meeting recessed into executive session to discuss labor negotiations and property acquisition. The meeting reconvened at 9:25 p.m. (LABOR BENNETT MOVED to authorize the Mayor to enter NEGOTIATIONS) into a contractual settlement with the Assistant Fire Chiefs as evidenced by the document presented to the Council in executive session, and to accept it as part of the public record. Orr seconded and the motion carried. ADJOURNMENT The meeting adjourned at 9:26 p.m. Donna Swaw Deputy City Clerk 29