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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 06/15/1993 Kent, Washington June 15, 1993 Regular meeting of the Kent City Council was called to order at 7: 00 p.m. by Mayor Dan Kelleher. Present: Councilmembers Bennett, Houser, Johnson, Mann, Orr, White and Woods, Chief Administrative Officer McCarthy, City Attorney Lubovich, Planning Director Harris, Public Works Director Wickstrom, Fire Chief Angelo, Police Chief Crawford and Human Resources Director Olson. Approximately 20 people were at the meeting. PUBLIC Dream Builders Day. Mayor Kelleher noted that COMMUNICATIONS Donna Dickson, a teacher at Kent Junior High, developed the "Dream Builders" program to in- volve eighth grade Social Studies and English students in community projects, and that four- teen student community project groups have worked on a wide variety of efforts. He pro- claimed June 16 as Dream Builders Day in the City of Kent and encouraged all citizens to join him in recognizing the efforts of the students, advisors and citizens who have participated in the program. Ms. Dickson said that without the community, this program could not have been successful and expressed her appreciation to the Mayor for his involvement. Leah Connor, a stu- dent who participated in the program, noted that some of the projects they worked on include the Regional Justice Center, a bike path on East Hill, visiting nursing homes, writing an envi- ronmental newsletter, and teaching about the environment at elementary schools. She added that the program has taught her more than she could have learned from a textbook. Mayor Kelleher stated that this year, involve- ment of youth in community activities has been a high priority. He noted that Leah Connor has asked to be appointed to the Kent Arts Commis- sion and that since young people have a right to be represented, he has nominated her for such an appointment. He said that this will come before the Council at their next meeting and urged them to consider confirming her appointment. Mayor' s Salary. Mayor Kelleher noted that the filing period for the full-time Mayor' s position is in July and that the salary set is approxi- mately 60-70% of that of mayors in cities of similar size. He announced that he is appoint- ing a committee to look into this issue and make a recommendation to the City Council. 1 June 15, 1993 CONSENT WOODS MOVED that Consent Calendar Items A CALENDAR through N be approved. White seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 3A) Approval of Minutes. APPROVAL of the minutes of the regular Council meeting of June 1, 1993 . HEALTH & (CONSENT CALENDAR - ITEM 3K) SANITATION Village on James Street Phase I. ACCEPTANCE of the bill of sale and warranty agreement submit- ted by Schneider Homes, Inc. for continuous operation and maintenance of 1515 feet of water main extension and 1200 feet of sanitary sewer extension and release of bonds after expiration of the maintenance period, as recommended by the Public Works Committee. The project is located at West Valley Highway, between James St. and S. 238th St. (CONSENT CALENDAR - ITEM 3L) Midway Crossing. ACCEPTANCE of the bill of sale and warranty agreement submitted by Gramor Development NW, Inc. for continuous operation and maintenance of 1075 feet of storm sewers and 1025 feet of street improvements and release of bonds after expiration of the maintenance peri- od, as recommended by the Public Works Commit- tee. The project is located at Pacific Highway South and Kent Des-Moines Road. WATER (CONSENT CALENDAR - ITEM 3J) Water System Improvements Phase II. AUTHORIZA- TION to accept as complete the contract with R. W. Scott Construction Company for the Water System Improvements Phase II project, as recom- mended by the Public Works Committee. (CONSENT CALENDAR - ITEM 3N) 212th/SR167 Wells and Treatment Facility - Budget Change. AUTHORIZATION to transfer $300, 400. 00 from the Unencumbered Water Funds to the 212th/SR167 Water Supply Treatment Facility Project Budget, as recommended by the Public Works Committee. 2 June 15, 1993 WATER The City's new water treatment plant is now in service; however, the facility is not at a stage where the contract can be formally accepted as complete and there have been a number of unex- pected problems which have added to the cost. The final costs are estimated to be approxi- mately $300, 400. 12 over the existing budget. The reasons for the overrun are due to a high amount of sand in the wells; the contractor has been slow in completing the project and, the contractor has threatened legal action in order to get additional payment for the project. TRAFFIC CONTROL (CONSENT CALENDAR - ITEM 3G) 108th Ave. SE & SE 240th Street Traffic Signal & Signs. AUTHORIZATION to proceed with the pro- ject, establish a budget therefore including transferring the $63 , 000 balance from the 104th Ave/260th St. signal project fund to this pro- ject fund, and to pursue the formation of the LID, as recommended by the Public Works Committee. The estimated cost for this traffic signal is $140, 000 . Funding for this project is proposed to come from a combination of LID and City funds. There are three properties in the area for which a signal participation agreement has already been executed in conjunction with issu- ance of their development permits. Approxi- mately $63 , 000 exists in the 104th Ave/260th St. signal project fund for which said signal is presently being installed at no cost to the City by the Canyon Ridge Plaza development (Target) . (CONSENT CALENDAR - ITEM 3I) Traffic Signal Remodel at 100th Avenue SE and BE 240th Street. AUTHORIZATION to accept as com- plete the contract with the V Company for a traffic signal remodel at 100th Ave. SE & SE 240th Street, as recommended by the Public Works Committee. 3 June 15, 1993 STREET (CONSENT CALENDAR - ITEM 3E) CLOSURES Canterbury Faire Street Closure. ADOPTION of Ordinance No. 3120 authorizing the closure of certain public streets from 8 a.m. , August 21, 1993 through August 22 , 1993 , 8 p.m. for the Canterbury Faire, as recommended by the Public Works Committee. (CONSENT CALENDAR - ITEM 3F) Rent International Balloon Classic Street Closure. ADOPTION of Ordinance No. 3121 author- izing closure of certain public streets on Friday, July 16, 1993 , 4 p.m.-ll p.m. for the Kent International Balloon Classic, as recom- mended by the Public Works Committee. FLOOD CONTROL (CONSENT CALENDAR - ITEM 3H) Interlocal Agreement - Flood Control Plan. AUTHORIZATION for the Mayor to sign the tri- party interlocal agreement upon incorporating any minor revisions thereto, as recommended by the Public Works Committee. This agreement is for the development of a flood control plan for Auburn' s Mill Creek Drainage Basin and includes an amendment extending the duration of the original agreement for another 18 months. While a portion of the City lies within this basin, the City's interest relates more importantly to downstream Green River Levee heights requirements. Our financial share in this over the 18 month period is $140, 000 which reflects work yet to be completed under the existing agreement and includes the 194 work program. Monies therefore presently exist with- in the project budget. MUNICIPAL (OTHER BUSINESS - ITEM 4E) COURT Municipal Court - Ordinance and Implementation Plan. The Public Safety Committee has recom- mended adoption of an ordinance establishing a municipal court and approving the implementation plan. During July, 1991, the City Council authorized the establishment of a municipal court to begin January 1, 1993 subject to its approval of an implementation plan. The start- up date was delayed to January 1, 1994 as a result of 1993 budget issues. Presented for 4 June 15, 1993 MUNICIPAL Council consideration is the proposed ordinance COURT and plan. Also presented is the proposed budget for the court, which will be formally adopted during the 1994 budget process. City Attorney Lubovich explained that the court would be an independent office reporting to Administration, and that it cannot be affiliated with the City Attorney' s Office. He proposed to have a judge appointed for a 4-year term and noted that State law requires municipal judges to be elected if they are compensated for a 35- hour work week. He said he anticipates a 25- hour work week, adding that the court will not be operating at full capacity in the beginning. Lubovich noted that originally the Council authorized that the court be located in the City Hall Chambers, but that there have been issues raised regarding compatibility with City of- fices. He noted that the building at 302 W. Gowe (the old Engineering Building) has adequate space and parking, and that it already has rooms which could be used for the court, jury deliber- ations, conferences, judges chambers, and so forth. He said that minimal modifications to the structure would be required. He noted that the term of the lease is five years, the rent for the first three months is free, rent for months 4-12 is $4 , 050 . 00 a month, and rent for years two through five is the previous years ' rent plus 75% of the CPI index. He added that the City would pay taxes, insurance, and util- ities and would assume maintenance. Lubovich noted that the Budget Committee has approved earmarking 1993 CIP funds in the amount of $250, 000 for renovation and start-up. He ex- plained the time frames, noting that construc- tion would be completed by October 15, and staff could move in November. He noted that the judge and the judge pro tem should initially be con- tracted by the hour, since they will not be full time, and that the other court personnel would be City employees. 5 June 15, 1993 MUNICIPAL Lubovich stated that approximately $45, 000 would COURT be saved in filing fees, based on the 1992 filings. He broke down the $304 , 000 total bud- get as follows: $54, 735 for rent, taxes and insurance, $15, 000 for supplies, $5, 875 for utilities, $9,940 for maintenance and $218, 664 for salaries and benefits. He noted that the function of the Traffic Violations Bureau, cur- rently in Finance, would be in the court budget, and although a position would be transferred, there would be no budget impact. He explained that last year the City paid $78, 045 for court- related Police overtime, and said this could be reduced significantly by having control of the scheduling. He said transport of personnel between the Corrections Facility and court is a concern, and that they propose to have video arraignment for in-custodies. If video arraign- ment is not in place by January, the judge could do in-custodies at the Corrections Facility, eliminating the need for transports. MANN MOVED ADOPTION of Ordinance No. 3125 estab- lishing a municipal court; approval of the 302 W. Gowe site for the court; authorization for the Mayor to negotiate and enter into a lease with Sound Ventures, Inc. on the terms generally outlined in their attached proposal; approval of $250, 000 from the 1993 CIP to remodel, equip and provide interim 1993 staffing for the court system; authorization to proceed with remodel and implementation; and approval of the court administrator and four administrative support positions. Woods seconded. White noted that the City is currently paying $36, 000 a month for space at the Centennial Building. He pointed out that the Police De- partment has moved out of City Hall, and that the City is down approximately 70 employees. He asked that staff look at space needs and re- evaluate options for the future. Mann's motion then carried. 6 June 15, 1993 ZONING CODE (OTHER BUSINESS - ITEM 4B) AMENDMENTS Nonconforming Development. The proposed ordi- nance amends the zoning code to allow for the reconstruction, under limited conditions, of certain legal nonconforming developments in the event those developments are more than fifty percent destroyed by earthquake, fire or other similar catastrophic event. City Attorney Lubovich noted that currently if a nonconforming structure is destroyed and the restoration exceeds 50%, the landowner cannot rebuild the nonconforming structure. He said this ordinance allows it to be rebuilt if the structure would be consistent in character with the structures within a one-block radius of the destroyed structure, if the use will not ad- versely impact the adjacent property, and that it be rebuilt within one year. He added that this would allow some flexibility in rebuilding. ORR MOVED to adopt Ordinance No. 3122 allowing reconstruction of nonconforming developments under certain limited conditions. Woods seconded and the motion carried. (OTHER BUSINESS - ITEM 4C) Area-wide Zoning Map Amendments. The proposed ordinance provides for a unified approach con- cerning zoning code text and map amendments as they pertain to area-wide rezones. The ordi- nance brings both area-wide text and map amend- ments before the Planning Commission prior to final decision by Council. Previously, the city code split these hearings by bringing area-wide text amendments before the Planning Commission and area-wide map amendments before the Hearing Examiner. City Attorney Lubovich noted that the ordinance would allow both text and map amendments for area-wide rezones to be heard by the Planning Commission, which would simplify the process. ORR MOVED to adopt Ordinance No. 3123 amending the process for area-wide zoning code map amendments. Houser seconded and the motion carried. 7 June 15, 1993 ZONING CODE (OTHER BUSINESS - ITEM 4D) AMENDMENTS Civil Violations. The proposed ordinance amends the zoning code by removing the existing civil violations enforcement provisions in Chapter 15. It refers the civil violations enforcement pro- cedure to the new general civil violations enforcement procedures which were recently enacted as a new Chapter 1. 04 to the city code. City Attorney Lubovich explained that this ordi- nance refers all enforcement measures on zoning code violations to Chapter 1. 04 , which provides the process for civil enforcement and abatement. ORR MOVED to adopt Ordinance No. 3124 amending the civil violations enforcement procedures for zoning code violations. Houser seconded and the motion carried. COMMUNITY (OTHER BUSINESS - ITEM 4F) DEVELOPMENT (ADDED BY COUNCILMEMBER ORR) BLOCK GRANT 1994 96 CDBG Interlocal Cooperation Agreement. Councilmember Orr noted that this item was dis- cussed at the Planning Committee meeting today, and that because of the timeliness of the issue, it, and the 1994-96 Home Interlocal Cooperation Agreement, must come to Council tonight. Lin Ball explained that the City must enter into this agreement in order to receive Federal Block Grant funds. She noted that there are five changes in the agreement this year, as follows: 1) creation of a new GMA public services set- aside fund, 2) change in pass-through City qualification, 3) distribution of Administrative and Public Service funds, 4) local policies/ local comprehensive plan consistency, and 5) non-violent civil rights demonstrations. She added that this item was seen by the Planning Committee in April as a draft, that it was then approved by the County Executive, and that the Planning Committee today recommended approval. ORR MOVED for the approval of the 1994-96 Community Development Block Grant Interlocal Cooperation Agreement, and authorization for the Mayor to sign this agreement and forward it to King County. White seconded and the motion carried. 8 June 15, 1993 COMMUNITY (OTHER BUSINESS - ITEM 4G) DEVELOPMENT (ADDED BY COUNCILMEMBER ORR) BLOCK GRANT 1994 96 Home Interlocal Cooperation Agreement. Lin Ball explained that this agreement is neces- sary in order to receive Federal Home funds. She noted that this item was reviewed by the Planning Committee last April as a draft and today as a final document. She explained that a separate agreement is required, since it is not part of the Block Grant Consortium. She noted that the Planning Committee today recommended approval. ORR MOVED for approval of the 1994-96 Home Interlocal Cooperation Agreement and au- thorization for the Mayor to sign this agreement and forward it to King County. White seconded and the motion carried. FIREWORKS (OTHER BUSINESS - ITEM 4A) Fireworks Ordinance. Councilmember Mann noted that the Public Safety Committee recommended adoption of an ordinance placing restrictions on the discharge of fireworks. He said the ordi- nance is the result of concerns over the en- forcement of inconsistent laws, after the County adopted restrictions on the discharge of fire- works within unincorporated areas. He stated that notice has recently been given of intent to file a referendum on the King County ordinance to place the issue before the voters. He ex- plained that this eliminates any possibility that the County ordinance would be effective prior to July 4th, and that concerns over the need to adopt similar restrictions no longer exist. He then recommended that this item be removed from tonights agenda and be referred to the Public Safety Committee. He asked that staff provide the Committee with proposals for dealing with the discharge of fireworks within the City of Kent on a long-term basis. There were no objections and it was so ordered. GOLF COURSE (BIDS - ITEM 5A) Golf Course Tractor. Bid opening was held on May 26, with two bids received. The Public Works Committee has recommended acceptance of the bid from Coastline Ford Tractor for two tractors; Model #4630 in the amount of $17, 837 and Model #3930 for $16 , 337 . WHITE SO MOVED. Woods seconded and the motion carried. 9 June 15, 1993 GOLF COURSE (BIDS - ITEM 5B) Golf Course Mowers. Bid opening was held on May 26, with one bid received. The Public Works Committee has recommended acceptance of the bid from Superior Turf Equipment in the amount of $12 , 441. 92 each, for two mower units. WHITE SO MOVED. Woods seconded and the motion carried. COUNCIL (CONSENT CALENDAR - ITEM 3C) Excused Absences. APPROVAL of Council President Judy Woods' request for excused absences from the July 6th and July 20th, 1993 City Council meetings. APPOINTMENTS (CONSENT CALENDAR - ITEM 3D) Drinking Driver Task Force Appointment. CONFIRMATION of the Mayor's appointment of Mark Shaw to the Drinking Driver Task Force. He will replace Tom Ripley, whose term expired. Mr. Shaw's new appointment will continue to January 1, 1996. (CONSENT CALENDAR - ITEM 3M) Transit Advisory Board Appointment. CONFIRMATION of the Mayor' s appointment of Sherilyn Jordan to the Transit Advisory Board. She will represent the Kent Chamber of Commerce and her appointment will continue to April 30, 1995. FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Bills. APPROVAL of payment of the bills received through June 15, 1993 after auditing by the Operations Committee at its meeting on July 6, 1993 . Approval of checks issued for vouchers: Date Check Numbers Amount 6/1-6/15 131253-131774 $2, 015, 012 . 07 Approval of checks issued for payroll: Date Check Numbers Amount 6/18/93 Checks 01184335-01184722 $ 301, 524 .40 Advices 7384-7693 $ 367, 689. 60 $ 669, 214 . 00 10 June 15, 1993 REPORTS Council President. Woods noted that she has asked the Operations Committee to receive in- formation regarding the layoff policy at their next meeting, and to bring it forward to Mr. Olson. Public Works Committee. White announced that the time and location of the next Public Works Committee meeting has been changed to 2 : 00 p.m. on June 16, in Conference Room No. 3 in the Centennial Building. Administrative Reports. McCarthy noted that his report is in the agenda packet, and that it was sent to Councilmembers by E-mail as well. He added that he will continue to do so in the future. ADJOURNMENT The meeting adjourned at 7 : 45 p.m. Q. Brenda Ja be , CMC City Cle 11