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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 11/15/1994Kent, Washington November 15, 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, Johnson, Mann, Orr and Woods, Operations Director/ Chief of Staff McFall, City Attorney Lubovich, Public Works Director Wickstrom, Planning Director Harris, Police Chief Crawford, Fire Chief Angelo, Parks Director Hodgson, Information Services Division Director Spang and Finance Division Director Miller. Approximately 50 people were at the meeting. PUBLIC Mayor White introduced Russell Hayes, an Eagle COMMUNICATIONS Scout candidate, and explained that the badge Hayes will earn as a result of his attendance at tonight's meeting is the last step in a program that he has pursued for the last several years. The Mayor pointed out that many Eagle Scouts are now leaders in the community and nation, and commended Mr. Hayes. Introduction of Mayor's Appointees. Mayor White introduced Judie Sarff, his appointee to the Human Services Commission, and Jo Zumhoff, his appointee to the Saturday Market Advisory Board. He explained that confirmation of these appoint- ments is on tonight's agenda, and thanked them for attending. otillia K. Jury Day. Mayor White noted that otillia K. "Tillie" Jury was a charter member of the Windblowers Good Sam Club of Kent and worked tirelessly to beautify the City by tending and maintaining several flower gardens in the City. He declared November 16, 1994 as otillia K. "Tillie" Jury Day, and presented the proclama- tion to members of the family. The Mayor noted that the RV rest area on Naden Avenue has been named after her. Chanties to Agenda. Operations Director McFall explained that the executive session shown on the agenda sheet is no longer necessary and can be deleted from the agenda. McFall also explained that Item 4D, MCI Metro Franchise Ordinance - First Reading, has been withdrawn at the request of MCI. Regional Justice Center URdate. Wendy Keller noted that an old building on the southwest corner of the site was taken down last week, and that 8' of soil is compressing on a third of the site now and will be rolled over to the second phase of the site in approximately two months. 1 November 15, 1994 PUBLIC She added that final documents on the design are COMMUNICATIONS complete, they are being reviewed by Kent staff, and they hope to go out to bid in late January and to begin by April 15. She also pointed out that they will again review whether they can afford to operate the facility and will examine the budget estimates for construction of the facility. Port of Seattle Briefing. Port Commissioner Gary Grant distributed copies of a briefing book which reviews the Ports organization, finances and major lines of business. He then introduced Don Morantz, Director of Economic and Trade Development, who noted that the Port serves as an economic catalyst to the Puget Sound region because they create family -wage jobs in addition to their role as an international leader for the region. He then presented a slide show regard- ing projects which they are currently involved in, including the Southwest Harbor Development and Clean Up Project. Commissioner Grant then described the Central Waterfront Project currently under way. Mayor White expressed appreciation to the Port for their sponsorship of the Asia Pacific Trade Exchange, which has been very successful. CONSENT WOODS MOVED that Consent Calendar Items A CALENDAR through M be approved, with the exception of Item 3K which was removed and placed under Other Business (4G). Orr seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 3A) A_nproval of Minutes. Approval of the minutes of the regular Council meeting of November 1, 1994, with the following correction to Consent Calendar Item 3C: ACCEPTANCE of the revised contract with the Kent Downtown Asseelat Partnership for the Saturday Market, and authorization for the Mayor to sign. STREET (CONSENT CALENDAR - ITEM 3L) VACATION Landing Way Street Vacation. ADOPTION of Ordinance No. 3201, amending the legal descrip- tion attached to the Landing Way Street Vacation Ordinance No. 3199, passed at the Council meeting on November 1, 1994. This item was 2 November 15, 1994 STREET approved 3-0 by the Public Works Committee on VACATION November 14, 1994. SEWERS (CONSENT CALENDAR - ITEM 3J) 43rd Place Sanitary Sewer Extension. AUTHORI- ZATION to accept the bill of sale and warranty agreement for 43rd Place Sanitary Sewer Exten- sion submitted by Powell Home Builders, Inc. for continuous maintenance and operation of 554 feet of sanitary sewer and release of bonds after expiration of the maintenance period, as recom- mended by the Public Works Director. This project is located at 43rd Pl. South and S. 237th. (CONSENT CALENDAR ITEM 3K WAS REMOVED BY MCFALL AND PLACED UNDER OTHER BUSINESS - ITEM 4G) Soos Creek SWD Future Service Area Interlocal Agreement. Authorization has been requested for the Mayor to sign an interlocal agreement which defines the ultimate service boundaries for water and sewer service between the Soos Creek Water and Sewer Districts and the City of Kent. After review by the Public Works Department, the boundaries have been set as the most logical boundaries considering the existing infrastruc- ture in place to serve both the City's and the District's systems. This item was addressed by the Public Works Committee on November 14, 1994. Assistant City Attorney Brubaker explained that late last winter or early spring there was a serious sewer system problem jointly shared by the City of Kent and the Soos Creek Water and Sewer District. He noted that as the result of on-going negotiations, discussions, and cooper- ation with the Water District,the interlocal agreement before Council tonight has been generated. He further noted that this agreement establishes the future service areas between the City of Kent and the Soos Creek Sewer and Water District for sewer systems. He explained that at the Public Works Committee meeting on November 14, 1994, the agreement was discussed and amended to add a clause stating that when the District extends service to customers within the future annexation areas of the City of Kent, they require those customers to sign no -protest annexation agreements for the City. Brubaker noted that Soos Creek was amenable to the amend- ment, but that after some additional legal 3 November 15, 1994 SEWERS review, there is a question as to the District's authority to require their customers to sign this agreement. He explained that a motion has been drafted which allows the City Attorney's office additional time to review this one legal issue and make a determination as to its viabi- lity before the Mayor signs the agreement. MANN MOVED to authorize the Mayor to sign the Soos Creek Water and Sewer District Interlocal Agreement for establishment of sanitary sewer service area boundaries, with conditions imposed by the Public Works Committee, after final review and approval of the agreement and condi- tions by the City Attorney. Bennett seconded and the motion carried. UTILITY (CONSENT CALENDAR - ITEM 3M) EASEMENT Mauritsen Access and Otility Easement. AUTHORIZATION to grant an access and utility easement to the Mauritsen property located at So. 218th Street east of SR167 (Tract 19 of Shinn's Cloverdale Addition). The initial survey of the property was incorrect; as such, an easement is required. Administration is hereby authorized to execute any and all docu- ments necessary to grant the easement approved herein. This item was approved 3-0 by the Public Works Committee November 14, 1994. SIDEWALKS (BIDS - ITEM 5A) Downtown Wheelchair Ramp Improvements Phase II. The bid opening for this project was held on November 9th with 3 bids received. The low bid was submitted by Gary Merlino Construction in the amount of $51,100 including tax. The Engineer's estimate was $67,844.00. The project consists of retrofitting existing sidewalks at intersections with new cement con- crete wheelchair ramps, relocating catch basins, street signs, removing existing trees and other miscellaneous construction. There are 21 inter- sections and a total of 52 wheelchair ramps. MANN MOVED that the Downtown Wheelchair Ramps Improvements Phase II contract be awarded to Gary Merlino Construction for the bid amount of $51,100.00. Bennett seconded and the motion carried. 4 November 15, 1994 REGIONAL (OTHER BUSINESS - ITEM 4F) TRANSIT (ADDED BY COUNCILMEMBER WOODS) Regional Transit Authority. Woods noted receipt of a memo regarding Metropolitan King County Council Review of the Regional Transit Authority. She noted that this is in reference to an ordinance that will be coming to the Metro -King County Council in December prior to the next City Council meeting. She explained that two of the three County Councils must soon approve the plan. WOODS THEN MOVED to support King County's continued participation in the Regional Transit Authority. Houser seconded and the motion carried. REZONE (OTHER BUSINESS - ITEM 4A) Red Robin Rezone RZ-94-1. The Hearing Examiner has recommended approval of an application by Nicholas S. Fisher, George E. Hanson, and George E. Hanson Architects to rezone 1.43 acres from O, Professional and Office, to CC, Community Commercial. The property is located at 25051/59 104th Avenue S.E. ORR MOVED to accept the Findings of the Hearing Examiner, to adopt the Hearing Examiner's recommendation of approval of the Red Robin Rezone No. RZ-94-1, and to direct the City Attorney to prepare the necessary ordinance. ANNEXATION (OTHER BUSINESS - ITEM 4E) Meridian Annexation AN -94-7. A petition has been received from the initiators of the Meridian Annexation, an area of approximately 3,200 acres located adjacent to existing City boundaries on the west, SE 240th on the north, Soos Creek on the east and SE 288th on the south. Staff recommends that the Council accept the 10% annexation petition and authorize cir- culation of the 60% petition, subject to the City's existing indebtedness. Mayor White clarified that the area between SE 240th and SE 256th east of 132nd Avenue SE to Soos Creek is not included. He noted that con- versations with residents of this area, known as the Meridian Valley Country Club, have been held and that while an initial petition has been started, they have not yet reached 10%. He 5 November 15, 1994 ANNEXATION added that the City will provide residents with any information they deem necessary and will work with them to make an informed decision as to annexation. Planning Director Harris pointed out that the location on a map, and noted that the proposed annexation is 5.9 square miles (3,776 acres) in size and the estimated population is 18,000. He noted that the County's recently adopted Soos Creek Plan designates most of the Meridian Annexation area as S -R Suburban Residential 4-7 dwelling units per acre, and that Kent's East Hill Plan covers the area and anticipates mostly 4-6 dwelling units per acre. He said commercial zoning is indicated at 132nd Avenue SE and Kent Kangley Road and at 152nd Avenue SE and Kent Kangley Road. Harris stated that the annexation will have an obvious impact on City services, since the population is almost half again as large as the existing City population and the geographical area is almost 1/3 the size of the current City. He outlined impacts to the City and estimated total expenditures at $3,744,894 and total revenues at $3,664.676. He added that the assessed valuation in the area is $573,384,458, and that property taxes will be a bit lower than King County's. Upon Mann's question, McFall clarified that State funding would not be affected by the increase in population, and that the only real impact would be related to services. The Mayor clarified that Kent would no longer be con- sidered a small city by the National League of Cities, since the population would be over 50,000. After completion of the staff presentation of the Meridian Annexation proposal, Councilmember ORR MOVED and Councilmember Woods seconded that the proposed Meridian Annexation area boundaries be established as presented by staff, that the 60% petition for annexation, as set forth in RCW 35A.14.120, be authorized for circulation in the Meridian Annexation area, that the area, upon annexation, be subject to its proportionate share of the existing indebtedness of the City of Kent, and that the area be subject to the interim zoning requirements for newly annexed areas set forth in the Kent City Code. C November 15, 1994 ANNEXATION Orr pointed out that the budget just adopted contains only $27,000 for costs related to annexations, which will not be adequate. She noted there will not be funds available to do much in the way of parks maintenance and improvements. She requested information on the financing of street capital projects, and expenses related to code enforcement or building inspection, what projects are in the works and who will see them through. She noted that the proposed impacts list recommends 21 police officers, and a firm time must be determined as to when the new officers would patrol the area. Orr also said a decision must be made as to impact fees for Kent schools, and noted that the Planning Committee has started that process. She clarified that she is not opposed to the annexation, but that existing residents and persons annexing must have a clear picture of the impacts associated with an annexation of this size. She noted that several smaller par- cels have been annexed this year, and each has had some impact on the City's ability to provide essential services at a level people expect from the City of Kent. Orr pointed out that it will take time to bring the new area up to the ex- pected level of service, and requested that very soon after January 1st, the Council have a plan before them which includes start-up costs for the essential new employees, and the amount of time it will take to get them in place. She noted that revenues from property taxes may be delayed as long as eighteen months. She expres- sed hope that a budget amendment or supplemental budget which addresses the associated costs and revenue sources can be adopted as soon as it is clear that a 60% petition will be possible. The Mayor stated that Orr's concerns will be addressed. Tom Brotherton, 26805 148th Avenue S.E., said that there is overwhelming support for annexa- tion in the neighborhood, and noted that the new residents can make valuable contributions to the City. Jill Clifford, 26703 148th Avenue S.E., thanked the Kent officials for their support and cooperation, and noted that the residents have spoken with the King County Council regarding parks. She added that they are looking forward to being part of Kent. 7 November 15, 1994 ANNEXATION After receiving comments from the public and from the Council, the motion passed by unanimous vote of the Council. ANNEXATION (PUBLIC HEARING - ITEM 2A) ZONING East Hill/Ramstead Annexation Zoning AZ -94-2. The Planning Commission has recommended approval of the proposed initial zoning designation as outlined in Attachment A for the Ramstead/East Hill Annexation Area. Lyn Keenan, Consulting Planner, displayed a map which outlines the recommendations of the Planning Commission, and pointed out that the recommendation recognizes the existing multi- family development in certain areas and recom- mends that those areas be zoned MRG. She added that multi -family duplex zoning was recommended for the area south of 264th, east of 108th Avenue SE, and that the remainder of the Upland area was recommended for single-family zoning with a mix of lot sizes. Keenan noted that issues addressed by the Planning Commission included the desire to maximize single-family development, the development potential of pro- perty south of S. 264th and east of 108th, the status of a small non -conforming convenience store on the south side of Kent-Kangley Road, and the land use along the new 272/277th corridor. Mayor White opened the public hearing. Lawrence Campbell, 10024 S.E. 240th, spoke in support of the Planning Commission's recommendation to adopt Alternative 3 with the area south of Sequoia Junior High School designated as MRD. Planning Manager Satterstrom agreed to provide Campbell a map of the area. William Mack, 11047 S.E. 264, also spoke in support of the Planning Commission's decision to adopt Alternative 3 with the area south of Sequoia Junior High zoned MRD. Karen Rehkog, 24633 156th Avenue S.E., owner of four parcels which include the con- venience store, noted that the store has been at this location since 1936, and that the Planning Commission's recommendation treats the property as single-family residential which is clearly not it's past, present or likely future use. She requested recognition of the past use of the property and pointed out the importance of the convenience store to the community. She voiced 8 November 15, 1994 ANNEXATION concern about improving the property when she ZONING would not be allowed to rebuild if a fire de- stroyed over 50% of the building. She spoke in favor of commercial or a combination of commer- cial and multi -family zoning, and asked the Council to reconsider this property. Rehkop noted for Orr that the property is 1.6 acres in size, including the store and the homes. Robert Hicks, 27108 110th Avenue S.E., said that he did not receive the recommendation with his copy of the minutes. He said he is in favor of the MRD zoning along with Alternative 3, as long as no other changes are made. He said multi -family areas would overtax existing facilities, and pointed out that there is a wetland which should be preserved. He suggested using trees as a noise buffer. He added that if there are any big changes made, he will canvass two areas and bring signed petitions to the Council. Upon the Mayor's question, Satterstrom explained that the proposed zoning would conform with current zoning in existing multiple -family areas, and that undeveloped areas would receive high den- sity single-family zoning. He said the excep- tion was the MRD parcel south of Sequoia Junior High which has been discussed. Upon a question from Orr, Satterstrom noted that the property zoned MRD is approximately seven acres in size. Jim Crozier, owner of property south of Sequoia Junior High, spoke in support of Alternative 3 with MRD zoning. There were no further comments from the audi- ence. WOODS MOVED that the second public hearing on the East Hill/Ramstead Annexation Zoning be held on January 3, 1995, as previously set. Orr seconded and the motion carried. PLANNING (CONSENT CALENDAR - ITEM 3E) POLICIES Ratification of Countywide Planning Policies. ADOPTION of Resolution No. 1413 ratifying the Countywide Planning Policies as adopted by King County Ordinance No. 11446, and as recommended by the Planning Committee. POLICE (CONSENT CALENDAR - ITEM 3F) DEPARTMENT Video Arraignment. APPROVAL of video arraign- ment for Kent Municipal Court. The current arraignment process for City Correctional Facility inmates entails transporting inmates to the Municipal Court. Costs of this process E November 15, 1994 POLICE include officer travel, overtime, and increased DEPARTMENT security risk. A project team has evaluated options and recommends video arraignment as the best solution. Project team members include representatives from Police, Municipal Court, Operations Administration, Law, Finance and Information Services. FIRE (CONSENT CALENDAR - ITEM 3G) DEPARTMENT Fire Equipment Replacement. AUTHORIZATION to approve the five-year Fire Equipment Replacement Fund, as recommended by the Operations Committee at their November 9th meeting, AUTHORIZATION to proceed with bidding of the apparatus and equipment in accordance with the plan, and ESTABLISHMENT of the Fire Equipment Replacement Fund and rates. This will provide financing for all fire equipment replacement for the next five years with funds being allocated from the Capital Improvement Fund per the plan. The rates will range from $450,000-$600,000 per year and will be reviewed each year as part of the Capital Facility Plan and annual budget process. APPOINTMENTS (CONSENT CALENDAR - ITEM 3C) Appointment to Saturday Market Advisory Board. CONFIRMATION of the Mayor's appointment of Jo Zumhof to the Kent Saturday Market Advisory Board. Ms. Zumhof is employed as a Health Advocate for the Headstart Program in the Kent School District. She has participated as a vendor at the Saturday Market for the past five years and is active in Kent Jaycees. She will fill the position formerly held by Marian Pagarigan and her appointment will continue to 10/97. (CONSENT CALENDAR - ITEM 3D) Appointment to Human services commission. CONFIRMATION of the Mayor's appointment of Judie Sarff to the Kent Human Services Commission. Ms. Sarff is Vice -President and Manager of West One Bank. She is a member of the Mayor's Blue Ribbon Committee which is studying the feasi- bility of a Performing Arts Center in Kent, is a member of the Chamber of Commerce, and serves on the Board of Financial Women International. She will replace Susan Ramos, who resigned, and will serve as a business category representative. Her appointment will continue to 1/1/97. 10 November 15, 1994 BUDGET (OTHER BUSINESS - ITEM 4B) 1995 Budget. An ordinance has been prepared for the 1995 Budget which includes the Mayor's pro- posed budget with some technical changes. The 1995 Budget and these changes were discussed by the Operations Committee at their November 9th meeting, and approval was recommended. Finance Director Miller provided a brief review of the 1995 Budget. She noted that this budget totals $81,514,188 which is up almost $7,000,000 entirely due to capital projects. She explained that the budget includes those capital projects that were discussed in the Growth Management Plan and reflect the 1995 portion of that plan. Miller explained that the changes made were primarily to include the cost for the Police Union and the Teamsters Union Contracts. She noted that the street capital projects which were discussed with the Planning Commission as part of the Growth Management, and the Golf Course Capital and Debt Refinancing that was just passed under the Consent Calendar are included. Miller explained that the biggest portion of the budget is for Police and Fire, with considerable money spent for Human Services and Teen and Leisure programs. She noted that this budget meets many of the target issues set by Council, and that the fund balance position of 4.8% shows that the City is on its way to good health. She explained the fund balance in the capital plan has been increased to 5.8% and that a fire equipment replacement fund plan had been set up to aid in replacement of the equipment within the existing budget for the next 20 years rather than going to the voters to increase taxes. Miller stated that this budget contains no new taxes and the only increases are the Metro (sewerage) Pass -Through, which is handed down by Metro each year, and a Plan Drainage Rate Increase to do the Capital Improvements as part of the Capital Plan. JOHNSON MOVED to adopt Ordinance No. 3202 approving the 1995 Comprehensive Budget. Houser seconded and the motion carried. 11 November 15, 1994 BUDGET (CONSENT CALENDAR - ITEM 3B) payment of the ADDroval of Bills. APPROVAL of payor bills received through October 31, 1994 and paid on October 31, 1994 after auditing by the Opera- tions Committee on November 9, 1994. App -ova. of checks issued for vouchers: Date Check Numbers Amount 10/31/94 148329-148940 $1,696,375.79 Approval of checks issued for payroll for October 16 through October 31, 1994 and paid on October 27 and November 4, 1994: Date Check Numbers Amount 10/27/94 Checks 198736-198820 $ 238,470.91 Advice 19172-19175 3,490.97 11/4/94 Checks 198821-199167 $ 254,480.94 Advice 19176-19549 431,452.41 $ 927,895.23 FINANCE (CONSENT CALENDAR - ITEM 3H) Refinancing Golf Course Debt for Golf Course Capital Improvements. AUTHORIZATION to proceed with the refinancing of the Golf Course Revenue Bonds with General Obligation Bonds, as recom- mended by the Operations Committee at their November 9th meeting and the Parks Committee at their November 1st meeting; AUTHORIZATION to proceed with Dick King of Lehman Brothers in preparing for the bond sale (a new revenue piece and debt savings will provide a total of $1,000,000 for capital improvements in 1995, as recommended); and AUTHORIZATION to proceed with the Golf Course improvements as outlined in their 5 year plan, as recommended by the Parks Committee. (CONSENT CALENDAR - ITEM 3I) Excise Tax Refund. AUTHORIZATION to execute a contract with Benson and McLaughlin for an amount not to exceed $10,000 to secure a poten- tial excise tax refund for our Utility Funds, as recommended by the Operations Committee at their November 9th meeting. This will include a four- year retroactive review of our excise tax 12 November 15, 1994 FINANCE returns and may result in a refund of $50,000- $75,000 for our Utility Funds. Cost will be split 50/50 between the Water and Sewer Fund. (OTHER BUSINESS - ITEM 4C) 1995 Tax Lew. The Operations Committee recom- mended approval of the 1995 tax levy ordinance for the General Fund and for the Voted Debt Issues at their November 9th meeting. Per RCW 84.52.010, taxes shall be levied in specific dollar amounts. Official assessed valuation information is still pending from King County. Finance Director Miller explained that it's difficult to know what the actual levy is going to be, but that several steps have been taken to calculate the tax levy so it can be adopted tonight. She noted that last year's base amount was carried over with no increase or decrease and that King County gave the Everson and Chestnut Ridge annexations an assessed valuation of $43,000,000. She also noted that the only figure unknown was the amount for new construction, although the average is $50,000,000. Miller explained that the City is allowed to have up to an $11,000,000 levy, but that the amount minus the King County Library District came down to a levy of $10,385,879 for the general fund. She noted that for the Voted Bond Interest and Redemption Fund there are three voted issues as follows: (1) 1980, Fire Equipment; (2) 1986, for Public Safety equip- ment; and (3) 1990, the Senior Housing. She noted that 6% is a very reasonable margin and recommended that the levy be adopted tonight and forwarded on to King County. She noted that in December she will inform Council of the actual number and explained that that dollar amount will not change. JOHNSON MOVED to adopt Ordinance No. 3203 fixing the tax levy for 1995. Houser seconded and the motion carried. REPORTS Planning Committee. Orr announced that the Planning Committee will meet one time only in December, on the 13th. 13 November 15, 1994 REPORTS Administrative R@DOrts. Public Works Director Wickstrom noted that as a construction crew was drilling across Kent-Kangley Road today, they broke the Kent Springs Transmission Main line which supplies approximately 60% of the City's water. He explained that the demand for water is not as high in winter, but that the Blue Boy Reservoir is out of service for painting. He noted that the effects of the Clark Springs Reservoir is primarily on the East Hill and lower East Hill area, and that all of the other reservoirs are full. He noted that a back-up plan will be used if needed, and that itmay take a while because of the types ngs and pipes required. Mayor White noted that the Council and news media will be kept informed as to the progress. ADJOURNMENT The meeting was adjourned at 8:35 p.m. Brenda Ja er, CMC City Cle 14