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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 09/07/1993 Kent, Washington September 7, 1993 Regular meeting of the Kent City Council was called to order at 7 : 00 p.m. by Mayor Kelleher. Present: Councilmembers Bennett, Johnson, Mann, Orr, White and Woods, Chief Administrative Officer McCarthy, City Attorney Lubovich, Planning Director Harris, City Engineer Gill, and Fire Chief Angelo. Councilmember Houser was excused from the meeting. Approximately 30 people were in attendance. PUBLIC Employee of the Month. Mayor Kelleher announced COMMUNICATION that David Cihak has been selected as Employee of the Month for September. He noted that Cihak began working for the City in 1989 as a Utility Specialist and was recently promoted to Water Treatment Plant Operator, based on his initia- tive, skills and potential. Tim Heydon, Public Works Operations Manager, commended Cihak on his operation of the treatment plant, noting that it is not an easy job. He invited Councilmembers to visit the plant, and expressed his appreciation to Cihak. Regional Justice Center Update. Wendy Keller announced that a public meeting will be held tomorrow night, September 8th, and that the materials shown to the Council tonight will be available at that meeting. She noted that com- ments made at that time will be taken into consideration in deciding on the final site alternative. Mr. Ernst of TRA displayed drawings and three site concepts. He spoke about access from James Street and 4th Avenue, and noted that a good location for a service entrance for arrival and departure of prisoners would be off of Smith Street because it could be controlled and secured. He noted that all three concepts locate a court building fronting on 4th, and the deten- tion units in the northwest section of the site, separated from Kent Commons by parking. He added that King County may decide to provide daylight to the cells from a common dayroom onto which the cells open up, in which case the cells themselves would not have windows to the outside. He added that the outside walls would look like garden walls, making the building less visible. 1 September 7, 1993 PUBLIC Wendy Keller noted for White that there will be COMMUNICATION about 300 employees and 700 parking places, that employees will pay for parking, and that mass transit will be encouraged. White voiced concern about Justice Center employees parking free at Kent Commons, which would put the Commons out of business. He suggested that the County consider providing free parking. Constitution Week. Mayor Kelleher read a proclamation noting that the two hundred fifth anniversary of the signing of the Constitution provides an opportunity for all Americans to realize the rights, privileges and responsi- bilities it affords. He then declared the week of September 17 through 23 as Constitution Week in the City of Kent. CONSENT Woods requested that a letter received from Len CALENDAR McCaughan regarding the homeless men's shelter be made a part of the consent calendar. There was no objection and it was so ordered. WOODS THEN MOVED to approve Consent Calendar Items A through N, including Mr. McCaughan' s letter. Orr seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 3A) Approval of Minutes. APPROVAL of the minutes of the regular Council meeting of August 17, 1993 . HEALTH & (CONSENT CALENDAR - ITEM 3J) SANITATION Kent Park & Ride Metro Bus Pull-Out. ACCEPTANCE of the bill of sale and warranty agreement submitted by the Municipality of Metropolitan Seattle for continuous operation and maintenance of 10 feet of watermain extension, 495 feet of street and sidewalk improvements and 68 feet of storm sewers and release of bonds after expira- tion of the maintenance period, as recommended by the Public Works Committee. The project is located in the vicinity of 902 West James Street. (CONSENT CALENDAR - ITEM 3K) Stillwater Sewer Extension. ACCEPTANCE of the bill of sale and warranty agreement submitted by Lakeridge Development, Inc. for continuous operation and maintenance of 1330 feet of sanitary sewer extension and release of bonds 2 September 7, 1993 HEALTH & after expiration of the maintenance period, as SANITATION recommended by the Public Works Committee. The project is located in the vicinity of S. E. 264th Street & 128th Avenue Southeast. STREET (PUBLIC HEARINGS - ITEM 2A) VACATION 45th Place South Street Vacation STV-93-2 . This public hearing is to consider an application by Mar Del Investment Company to vacate a portion of 45th Place South as referenced in Resolution No. 1363 . Planning Director Harris noted that they are not recommending approval of this vacation. City Engineer Gill explained that this subdivision was built many years ago, prior to the construction of the apartment units to the north, and that when the roadway was initially constructed, it was possible that the road would be extended in the future. He stated that it is now clear that the road will never be extended and that in the future it may be necessary to construct a cul- de-sac. He said that vacating the right-of-way would preclude the City from making construction improvements in the future. Upon Woods ' ques- tion, Gill explained that there has been a misunderstanding in that the applicant believes the City has no intention of improving the road- way in the future, which is incorrect. He added that the residents of the area have noted that service vehicles have difficulty turning around. He noted that this is a very steep hillside, and that a bulb could be constructed at the end of the road for a turnaround. The Mayor declared the public hearing open. Bob Sandwick, representing the owner, distributed maps of the area. He noted that the primary reason for the application is that it is diffi- cult to place a residence on the property because of the grade. He noted that when the LID was put in in 1985, it was the owner' s understanding that the City was not interested in a cul-de-sac, and said he had found no mention of a cul-de-sac in the LID file. He said that the configuration of the hill at the time of the LID would not permit the road to be continued on, and it would seem that if that had been in the City' s mind, it 3 September 7, 1993 STREET would have been looked into as part of the LID. VACATION Sandwick added that if there were a problem in regard to emergency vehicles, the Fire Department would have raised objections. He noted that there are no specific incidences of problems. He noted that the setback could be handled either by a vacation of the set back rights, or by provid- ing that the City would retain an easement in that cul-de-sac to use for emergency vehicles. There were no further comments and WOODS MOVED to close the public hearing. Orr seconded and the motion carried. Upon White' s question, Gill noted that there are no immediate plans to complete the cul-de-sac, and that although it is possible to build a cul-de-sac, it would not be easy. He added that the owner could still construct on the site, but that the house would have to be set back further from the road to allow for the cul-de-sac construction. Fire Chief Angelo explained that he has not been able to visit the site, but that without the cul-de- sac their ability to bring in multiple apparatus is limited. ORR MOVED to postpone action until a complete report from the Fire Department is available. Mann seconded. White asked that this also go back to the Public Works Committee for review. Orr and Mann agreed. Woods asked that some of Mr. Sandwick' s suggestions be considered and Orr suggested possible review by the Board of Adjustment. The motion to postpone this item until receipt of reports from the Fire Department and the Public Works Committee carried. PRELIMINARY (CONSENT CALENDAR - ITEM 3L) PLAT West Meadow Preliminary Plat SU-93-2 . AUTHORIZATION to set September 21, 1993 , as the date for a public meeting to consider the Hearing Examiner' s recommendation of approval with condi- tions of an application by Betty Lou Buttkus to subdivide . 83 acres into three residential lots (SU-93-2) . The property is located at 24816 115th Ave. S.E. A public hearing on the appli- cation was held by the Hearing Examiner on August 4 , 1993 . 4 September 7, 1993 ANNEXATIONS (CONSENT CALENDAR - ITEM 3M) Everson Annexation. ACCEPTANCE of the 60% annexation petition, and direction to the Public Works staff to file the Notice of Intent document for review and approval by the Boundary Review Board, as recommended by the Public Works Committee. (OTHER BUSINESS - ITEM 4A) Chestnut Ridge Annexation - Extension of Initial Zoning Time. The Planning Committee has recom- mended adoption of an ordinance extending the compliance period for initial zoning of the Chestnut Ridge annexation area an additional 90 days. ORR MOVED to adopt Ordinance No. 3131 extending the compliance period for initial zoning of the Chestnut Ridge annexation area an additional 90 days. White seconded and the motion carried. ZONING CODE (CONSENT CALENDAR - ITEM 3C) AMENDMENTS Indoor Paintball Arena. ADOPTION of Ordinance No. 3129 permitting indoor paintball operations in both the M-1 (Industrial Park) and M-2 (Limited Industrial) zoning districts (ZCA-93-5) , as approved by the City Council on August 17, 1993 . (OTHER BUSINESS - ITEM 4C) Zoning Code Amendment (ZCA-93-6) - Churches in CM-2 Zone. The Planning Commission has recom- mended amending the Zoning Code to permit churches in the CM-2 (Commercial Manufacturing) zoning district as a special permit use. ORR MOVED to adopt Ordinance No. 3132 amending the Kent Zoning Code to permit churches as a special permit use in the CM-2 zone. White seconded and the motion carried. COMMUNITY (PUBLIC HEARINGS - ITEM 2B) DEVELOPMENT 1994 Community Development Block Grant Program. BLOCK GRANT This public hearing has been set to consider PROGRAM adoption of the proposed 1994 Community Develop- ment Block Grant (CDBG) program, including the contingency plan for estimated entitlement change, as recommended by the Planning Committee. 5 September 7, 1993 COMMUNITY Betsy Czark of the Planning Department noted that DEVELOPMENT this program has been approved by the Human BLOCK GRANT Services Commission and the Planning Department, PROGRAM and that the program totals $359, 845 . She out- lined the projects as follows: Capital Recommended Applications Received Amount Requested Fundinq Level' Catholic Community Services $41, 660 $30, 000 Community facility renovation City of Kent Home Repair $172 , 373 $170, 182 Services Program City of Kent Parks & Rec. $30, 000 $30, 000 Kiwanis Tot Lot #1 Rehab. City of Kent Public Works' $43 , 995 $20, 000 ADA wheelchair ramps City of Kent Planning & $31, 011 $31, 011 Administration Easter Seal of Washington $27 , 728 $12, 500 Access Modification Rehab South King County Multi-Service' $19 , 815 $17 , 200 rehab transitional housing & sidewalk addition TOTAL $366, 582 $310, 893 ' Planning Committee recommendation 2 If the City receives an increased entitlement, City of Kent Public Works shall be increased accordingly. 3 If the City receives a decreased entitlement, South King County Multi-Service Center shall be decreased accordingly. 6 September 7, 1993 COMMUNITY She listed the public service agencies DEVELOPMENT recommended for funding as follows: BLOCK GRANT PROGRAM Public (Human) Service Recommended Applications Received Amount Requested Funding Level' Community Health Centers of $16, 300 $16, 300 King County, Kent Clinic Emergency Feeding Program $7 ,734 $7,734 of Seattle-King County' YWCA of Seattle-King County, $25, 139 $24 , 918 Domestic Violence House TOTAL' $49 , 173 $48 , 952 ' Planning Committee and Human Services Commission Recommendations ' If the City receives a decreased entitlement, the Emergency Feeding Program' s funding will be decreased up to $1, 321 (see footnote 6) . 6 If the City receives a decrease in entitlement which causes a decrease of more than $1, 321 in Public Service dollars, the remaining decrease will be taken from the YWCA' s funding. ' If the City receives an increase in entitlement, the increased amount shall be allocated to the City' s Cold Weather Shelter program. This program is funded entirely with General Fund dollars. Czark explained the contingency plan, noting which of the programs may be increased or decreased, as listed in the footnotes above. She added that the adopted program must be forwarded to King County by October 1st. The Mayor declared the public hearing open. Mariah Ybarra, Director of the South King County YWCA, explained that a new domestic violence program called Anita Vista will be opening in October. Jayne Leet, Executive Director of 7 September 7, 1993 COMMUNITY Community Health Centers of King County, thanked DEVELOPMENT the Council for their support and noted that BLOCK GRANT through the seed money provided by the City, a PROGRAM full-time family practice physician will be made available. Kathy Peters, Director of Catholic Community Services, thanked the Council for their support and noted that funding for their renova- tion will allow senior citizens to stay in their homes. There were no further comments from the audience and WOODS MOVED to close the public hearing. Orr seconded and the 'motion carried. ORR THEN MOVED to adopt the proposed 1994 Community Development Block Grant program, including the contingency plan for estimated entitlement change, as recommended by the Planning Committee. Johnson seconded. Orr thanked the Human Services Commission for their hard work and commended all the agencies that provide service. The motion then carried. PUBLIC WORKS (CONSENT CALENDAR - ITEM 3F) Lake Fenwick Phase IIA Restoration Grant. ACCEPTANCE of a grant in the amount of $463 , 172 from the State Dept. of Ecology and authorization to establish a project budget for Lake Fenwick Phase IIA Restoration, as recommended by the Public Works Committee. (CONSENT CALENDAR - ITEM 3G) Garrison Creek Erosion Control Grant. ACCEPTANCE of a grant in the amount of $125, 000 from the State Dept. of Ecology and authorization to establish a project budget for Garrison Creek Erosion Control, as recommended by the Public Works Committee. (CONSENT CALENDAR - ITEM 3H) Wellhead Protection Program Grant. ACCEPTANCE of a grant in the amount of $82 , 565 from the State Dept. of Ecology and authorization to establish a project budget for the Wellhead Protection Program, as recommended by the Public Works Committee. 8 September 7, 1993 PUBLIC WORKS (CONSENT CALENDAR - ITEM 3I) 64th Avenue Channel Repair. AUTHORIZATION to accept as complete the contract with Tri-State Construction Company for the 64th Avenue Channel Repair project and to release retainage after receipt of State releases. CODE (CONSENT CALENDAR - ITEM 3E) ENFORCEMENT Building, Housing, Mechanical and Plumbing Code Enforcement. ADOPTION of Ordinance No. 3130 amending Chapter 14 . 08 of the Kent City Code providing for enforcement of the Building, Housing, Mechanical and Plumbing Code under Chapter 1. 04 regarding civil violations, enforce- ment and abatement, as recommended by the Public Safety Committee. LAND (OTHER BUSINESS - ITEM 4B) ACQUISITION Kent Community Health Center Land Acquisition. The Kent Community Health Center is currently situated upon land leased from the City of Kent. Due to an increase in services provided, the Health Center has asked for the City' s assistance in purchasing two lots adjacent to the current facility for expansion of the Health Center. City Attorney Lubovich explained that the Budget Committee provided authorization to the Health Center to negotiate land which the City is to acquire, and upon review, he determined that the City should negotiate the purchase themselves. The Chair of the Budget Committee and the Health Center concur. JOHNSON MOVED that City Administration be authorized to enter into negotiations for property adjacent to the Kent Community Health Center, as proposed by the Health Center, and to present any proposals to the full Council for review and action. Orr seconded and the motion carried. PUBLIC (CONSENT CALENDAR - ITEM 3D) SAFETY Drinking Driver Countermeasure Program Grant. ACCEPTANCE of the Washington Traffic Safety Commission grant to the Drinking Driver Task Force in the amount of $25 , 284 , as recommended by the Public Safety Committee on August 16. 9 September 7 , 1993 PUBLIC (OTHER BUSINESS - ITEM 4D) SAFETY Pedestrian Interference and Disorderly Conduct. The Public Safety Committee has recommended adoption of an ordinance establishing the crime of pedestrian interference. This ordinance also revises the Noise Control Ordinance by deleting certain criminal noise control provisions relat- ing to public disturbances and amends the penal code section for disorderly conduct to include similar noise violations that have been deleted from the Noise Control Ordinance. Councilmember Bennett explained that he asked the City Attorney' s Office to prepare a panhandling ordinance after some complaints were received. Lubovich clarified that this ordinance states that it is a violation to obstruct pedestrian or vehicle traffic or aggressively beg. He added that passive panhandling is not a violation. He explained that in doing this provision, changes to the Penal Code had to be made regarding disorderly conduct, and that it was decided to take the public disturbance aspect of the Noise Control ordinance (which is a criminal violation which the police enforce) and combine it with the rest of the disorderly conduct provisions of the Penal Code so that it would be clear to the police which parts of the noise control ordinance violations they are dealing with. MANN MOVED to adopt Ordinance No. 3133 estab- lishing the crime of pedestrian interference. Bennett seconded and the motion carried. COUNCIL (CONSENT CALENDAR - ITEM 3N) Excused Absence. APPROVAL of a request from Councilmember Christi Houser for an excused absence from the September 7 , 1993 , City Council meeting. FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Bills. APPROVAL of payment of the bills received through August 31 after auditing by the Operations Committee at its meeting on September 7 , 1993 . 10 September 7, 1993 FINANCE Approval of checks issued for vouchers: Date Check Numbers Amount 8/17-8/31 133670-134132 $1, 639, 774.96 Approval of checks issued for payroll: Date Check Numbers Amount 9/3/93 Checks 186337-186711 $ 289, 320. 17 Advices 9070-9380 355, 999.93 $ 645, 320. 10 REPORTS Administrative Reports. McCarthy pointed out that workshops are scheduled for September 21 on the Capital Facilities Plan, and October 19 on the 1994 Budget. ADJOURNMENT The meeting was adjourned at 8 : 00 p.m. Brenda Jac er, CMC City Cler 11