Loading...
HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 07/17/2001 Kent, Washington July 17, 2001 The regular meeting of the Kent City Council was called to order at 7 : 00 p.m. by Mayor White . Councilmembers present : Brotherton, Clark, Epperly, Orr, and Yingling. Others present : Interim Chief Administrative Officer Martin, City Attorney Lubovich, Police Chief Crawford, Fire Chief Angelo, Public Works Director Wickstrom, Acting Community Development Director Satterstrom, Finance Director Miller, Parks, Recreation and Community Services Director Hodgson and Employee Services Director Viseth. Councilmembers Woods was excused from the meeting. Approximately 50 people were at the meeting. CHANGES TO THE AGENDA Orr added an excused absence for Councilmember Woods as Consent Calendar Item 6I . Martin took Public Communications Item 4B off the agenda. The City Attorney added pending litigation and labor negotiations to the Executive Session. Continued Communications Items 11A, B and C were added at the request of citizens . PUBLIC COMMUNICATIONS National Nicrht Out. Mayor White read a proclamation noting that it is important that all citizens of the City of Kent know the value of crime prevention programs and the impact that citizen participation can have on reducing crime and drug abuse, and proclaimed August 7, 2001, as National Night Out in the City of Kent . He encouraged citizens, neighborhoods and communities to participate. Judy Mauhl, Public Education Specialist in the Police Department, accepted the proclamation, explained the Block Watch program, and said anyone interested in participating could call her at the Police Department . Introduction of Appointees. Mayor White introduced Diana Albertson, his appointment to the Kent Arts Commission. CONSENT CALENDAR ORR MOVED to approve Consent Calendar Items A through I . Clark seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 6A) Approval of Minutes. APPROVAL of the minutes of the regular Council meeting of July 3 , 2001 . 1 Kent City Council Minutes July 17, 2001 BILLS OF SALE (CONSENT CALENDAR - ITEM 6E) Silver Sprinas Apartments Bill of Sale. ACCEPT the Bill of Sale for the Silver Springs Apartments submitted by Silver Springs Apartments, LLC for continuous operation and maintenance of 1, 999 feet of water mains, 1, 772 feet of sanitary sewer, 1, 270 feet of street improvements and 525 feet of storm sewer, as recommended by the Public Works Director. (CONSENT CALENDAR - ITEM 6F) Rhododendron Estates Bill of Sale. ACCEPT the Bill of Sale for Rhododendron Estates submitted by N & G Developments LLC for continuous operation and mainte- nance of 1, 784 feet of sanitary sewers, 960 feet of street improvements and 1, 205 feet of storm sewer, as recommended by the Public Works Director. WATER (CONSENT CALENDAR - ITEM 6C) Best Management Practices for Road, Water and Wastewater Maintenance Activities. PASSAGE of Resolution No. 1598 establishing Best Management Practices (BMP ' s) for road maintenance and water and wastewater maintenance activi- ties, as recommended by the Public Works Committee . Adopting these BMP' s promotes the conservation and protection of threatened or endangered species as they are affected by the City' s maintenance and operation of its street and utility systems . (CONSENT CALENDAR - ITEM 6D) Seattle 2001 Water Supply Agreement. AUTHORIZATION for the Mayor to negotiate and execute a Water Purchase Agreement with the City of Seattle as outlined in the memorandum of the Public Works Director subject to the concurrence with the language, terms and conditions by the Public Works Director and the City Attorney, as recommended by the Public Works Committee. STREETS (OTHER BUSINESS - ITEM 7C) 72nd Avenue South Pavement Reconstruction and Overlay Funding. In a memorandum, the Public Works Director requested authorization to transfer funds for the 72nd Avenue South Pavement Reconstruction project . This matter was not considered by the Public Works Committee 2 Kent City Council Minutes July 17, 2001 STREETS due to time constraints, and is therefore being sent directly to the full Council for action. Wickstrom noted that this project will provide a link on 72nd Avenue South from 196th north to 180th. He explained the proposed transfer of funds and the reasons for it . CLARK MOVED to authorize the recommended budget transfer of funds, in accordance with the Public Works Director' s memorandum of July loth, for the construction of the 72nd Avenue South Pavement Reconstruction pro- ject . Epperly seconded. Clark reminded the public that 180th will be closed which will cause considerable congestion, and that this project will provide an alternative. The motion then carried. (BIDS - ITEM 8A) 72nd Avenue South Pavement Reconstruction and Overlay. The bid opening for this project was held on July 3rd with three bids received. The low bid was submitted by Scarsella Brothers in the amount of $768, 768 . 68 . The Engineer' s estimate was $916, 903 . 56 . The Public Works Director recommends awarding this contract to Scarsella Brothers . CLARK MOVED that the 72nd Avenue South Pavement Reconstruction project be awarded to Scarsella Brothers for the bid amount of $768, 768 . 68, including applicable tax. Epperly seconded and the motion carried. (BIDS - ITEM 8B) LID 352, 1st, 3rd and 5th Avenue S. Storm Drain Improvements. The bid opening for this project was held on July 3rd with 13 bids received. The low bid was submitted by Scarsella Brothers in the amount of $1, 124, 166 .43 . The Engineer' s estimate was $1, 284 , 063 . 04 . The Public Works Director recommends awarding this contract to Scarsella Brothers . CLARK MOVED that the LID 352 - lst, 3rd & 5th Avenue S . Storm Drain Improvements project be awarded to Scarsella Brothers for the bid amount of $1, 124, 166 .43, including applicable tax. Epperly seconded and the motion carried. 3 Kent City Council Minutes July 17, 2001 ANNEXATION ZONING (PUBLIC HEARINGS - ITEM 5A) DeMarco Annexation Zoning, First Hearing. On May 21, 2001, the Land Use and Planning Board held a public hearing on both the annexation zoning map amendments and the comprehensive plan amendments for the DeMarco Annexation area. This is the first of two public hearings to be held; the second is scheduled for August 21 . Acting Community Development Director Satterstrom dis- played a map of the area and noted that most of it is residential, with the exception of the corner of 116th and 240th which the Board recommended NCC (Neighborhood Convenience Commercial) , and the area east of that running down to 120th which was recommended MRT16 . He explained that MRT zoning only allows condominiums, and that 16 would be the maximum density. He noted receipt of letters from Dan and Kathy Withem and from Brad and Gina Martin on this issue. ORR MOVED to make those letters part of the record. Clark seconded and the motion carried. The Mayor declared the public hearing open. Greg Nick, 11660 SE 234th, questioned whether the R6 zoning would be changed. Kevin Joyce, 11858 SE 236th Street, submitted a stack of letters and some photos, and said the home- owners within or adjacent to the DeMarco Annexation are adamantly opposed to the four proposed alternatives pertaining to zoning. He said their concerns are school overcrowding, traffic congestion, wetlands, and adverse affect to surrounding land values . He said the Lotto, Toppano and Teters properties seem to be given maximum financial benefit without regard to the adverse affect to the other properties and issues . He proposed that the East Hill Nursery zoning be maintained and that all other properties maintain SR6 or less zoning. Fred Mendoza, 555 West Smith St . , representing the owners of East Hill Nursery, explained that the owners had petitioned King County to change the zoning designation to a commercial designation to be consistent with its current use, which was accomplished in 2000 . He noted that the City has a close equivalent which is NCC and requested that the zoning be retained as commercial . He stated that placing neighborhood-oriented small businesses in this area would 4 Kent City Council Minutes July 17, 2001 ANNEXATION ZONING be beneficial to the neighborhood and would likely decrease traffic. Mendoza added that he will present a letter to the City Clerk' s Office before the next Council meeting. Julie DeMarco, 13004 SE 234th, stated that residents have seen commercial buildings in the area sit vacant for years and seen drivers speed through the neighborhood to avoid traffic . She said the decision of the Land Use and Planning Board does not reflect the feelings of the community and asked that the Council either give the area a single family density or give it the least density townhome designation. Jean Lambert, 12451 SE 235th Street, said their concerns about increased density, increased traffic and increased vandalism have not changed. She urged the Council to consider keeping owner-occupied townhomes, and keeping the density as low as possible. Bob Fuchs, 12125 SE 236th, voiced concern about traffic near the school and said speed bumps may be needed. He also said density would mean more children attending the school and that it is already saturated. Ted Koaita, 25227 Reith Road, said traffic on Military Road is so slow that people are using side roads to avoid it, which is dangerous for the residents . Diana Banksend, 12401 SE 235th, submitted traffic reports from King County regarding traffic volumes and speeds . Don Hulina, 12320 SE 235th, reiterated that residents want low density. There were no further comments from the audience and ORR MOVED to close the public hearing. Clark seconded and the motion carried. Satterstrom explained that the density which the Land Use and Planning Board is proposing is very similar to what the County zoning was, and pointed out that the major difference is that in the City single family houses must be detached and that the County allows units to be attached in a townhouse configuration. In regard to multifamily, Satterstrom said the Land Use and Planning Board' s recommendation is 16 units per acre density with condominiums only and the County' s was 18 units per acre density with no stipulation as to condominium or apartment . 5 Kent City Council Minutes July 17, 2001 ANNEXATION ZONING ORR MOVED to make all of the documents received a part of the public record. Clark seconded and the motion carried. PLAT (CONSENT CALENDAR - ITEM 6H) Hillside Manor Final Plat (FSU-96-26/KIVA #2010868) . APPROVAL of the Hillside Manor Final Plat with condi- tions and authorization for the Mayor to sign the final plat mylar. This final application was submitted by Baima & Holmberg Inc. The Hearing Examiner issued the Findings with conditions on the preliminary plat on April 2, 1997 . Based upon a Plat Alteration filed by the applicant, new Findings with conditions were issued by the Hearing Examiner on November 22, 2000 . AGRICULTURAL LAND MORATORIUM (OTHER BUSINESS - ITEM 7B) Agricultural Land Moratorium. The Land Use and Planning Board is reviewing land use policies related to agricul- tural lands with the zoning designations of Agricultural (Al) and Agricultural General (AG) . During this review period, it is possible that the City could receive applications for subdivisions or short plats or other similar applications, including rezones, which would significantly increase the number of lots and/or the density of the current agricultural lands, defeating the purpose of the agricultural land policies . Therefore, a moratorium is recommended for such land use applications on agricultural lands designated Agricultural (A-1) and Agricultural General (AG) until additional review and analysis has been completed by the Land Use and Planning Board and the City Council . Satterstrom predicted that the Land Use and Planning Board would have a proposal in about four months . Lubovich noted that if passed tonight, the moratorium goes into effect immediately and a hearing would have to be held within 60 days . He also explained which lots would be affected. BROTHERTON MOVED to pass Resolution No. 1599 which establishes a six-month moratorium on the acceptance of applications for subdivisions or short plats or other 6 Kent City Council Minutes July 17, 2001 AGRICULTURAL LAND MORATORIUM similar applications, including rezones, which would significantly increase the number of lots and/or density of agricultural lands. Orr seconded. Brotherton said many changes have occurred in the last 17 years and it is time to look at the policy again. The motion then carried. COUNCIL (OTHER BUSINESS - ITEM 7A) Resignation of Councilmember Amodt. As set forth in a letter to the Public Disclosure Commission dated June 15, 2001 and an unsigned fax to Council President Orr and the City Council, Ms . Sandy Amodt has resigned from the Kent City Council effective June 30, 2001 . ORR MOVED to accept Ms. Sandy Amodt ' s resignation from the Kent City Council effective June 30, 2001, and to make the letters of resignation a part of the record. Clark seconded and the motion carried. ORR announced that, due to this resignation, the City will be soliciting candidates for the position. She explained the process and timing, and MOVED to accept resumes or letters of interest through the close of business on August 6, 2001, for the interim position. Clark seconded and the motion carried. (CONSENT CALENDAR - ITEM 6I) (ADDED BY COUNCIL PRESIDENT ORR) Council Absence. APPROVAL of an excused absence from tonight ' s meeting for Councilmember Woods, as she is unable to attend. PARKS (CONSENT CALENDAR - ITEM 6G) Arts Commission Appointment. CONFIRMATION of the Mayor' s appointment of Diana Albertson to serve as a member of the Kent Arts Commission. Ms . Albertson is a 14 year resident of the City of Kent and she and her family reside on Scenic Hill . She is President of Paradigm Consulting Services, serves on the Board of Directors of the Kent Chamber of Commerce, and has been active in the arts . She will replace June Leonard, who resigned, and her term will continue until 10/31/2005 . 7 Kent City Council Minutes July 17, 2001 FINANCE (CONSENT CALENDAR - ITEM 6B) Approval of Bills . APPROVAL of payment of the bills received through June 29 and paid on June 29 after auditing by the Operations Committee on July 3 , 2001 . Approval of checks issued for vouchers : Date Check Numbers Amount 6/29/01 515116-515378 $1, 326, 831 .41 6/29/01 515379-515954 2 , 566, 904 . 70 $3 , 893 , 736 . 11 Approval of checks issued for payroll for June 1 through June 15 and paid on June 20, 2001 : Date Check Numbers Amount 6/20/01 Checks 252691-253046 $ 306, 378 . 90 6/20/01 Advices 112956-113600 1, 028 , 817 . 19 $1, 335, 196 . 09 REPORTS Public Works. Clark announced that he will attend the GMPC meeting regarding a proposed amendment to the Growth Management Act which affects the City' s agricultural policy and will reiterate the City' s objection to the proposal . Administrative Reports. Martin reminded Councilmembers of the executive session dealing with potential litiga- tion, pending litigation and labor negotiations, which would take 20-30 minutes . ADDED ITEMS (CONTINUED COMMUNICATION - ITEM 11A) Editing of Council Tapes. Joe Rubio, 3831 S . 248th, voiced opposition to editing tapes of meetings before the public can see them. He said some people feel intimidated by the Mayor and some Councilmembers, not by the cameras . He said people who make libelous state- ments should be punished, but that others should see the meetings in tact . He urged that the issue never be brought up again. 8 Kent City Council Minutes July 17, 2001 ADDED ITEMS (CONTINUED COMMUNICATION - ITEM 11B) Golf Course Proposal. Robert O'Brien, 1131 Seattle St . , updated information he submitted previously on putting the 9-hole golf course, driving range and miniature golf facility out to bid to Kent small business contractors . He said he had listed: expenses, maintenance at $186, 000, equipment at $21, 000, and PGM Management Company at $115, 000 . He explained that these figures are estimates as final data for 2000 has not been provided, and noted that the $115, 000 should be $218, 000 . He apologized to the Council for not getting the number right and said when final figures are received, he will do another update . (CONTINUED COMMUNICATION - ITEM 11C) Government TV Channel 21. Ted Kogita, 25227 Reith Road, objected to the City spending money and using time to do a study on the Channel 21 issue . He said he has been intimidated and that there is an error on the web page regarding his comments on lawn watering and that Clark' s comments on freedom of speech do not appear on the web page, which is censorship. Clark stated that meetings of the City Council are not a forum for free speech, and that the Council is bound by policy. He pointed out that Councilmembers can be ejected from the meeting for behavior which disturbs the public meeting, and that that is necessary for the public order. He said that the truthfulness of some of the statements and allegations made at the microphone is a matter of concern because of the morale factor, in terms of untrue statements which are carried forward as if they are truths that go unchallenged. He said it has always been the policy of the Council to accept in any public hearing the testimony of the audience, but that there needs to be legitimacy in the assertions . He said it is a problem when the meeting becomes a forum to expound that which is false and in some cases injurious, and that it is in the interest of the Council to not support that type of abuse of freedom of speech. He explained that freedom of speech is not an unlimited right, and has never been. Clark said it is appropriate for this Council to review a policy in terms of what conduct will be accepted at the microphone. 9 Kent City Council Minutes July 17 , 2001 ADDED ITEMS Brotherton said intimidation is a problem, that some citizens feel their issues are important only to them, or are too minor to bring up on tv, and that there should be a way for such citizens to talk to the Council . He noted that citizens often ask questions and said he 'd like notice of the questions ahead of time. He also expressed concern about broadcasting attacks on private citizens . Mayor White reminded Councilmembers that attacks on them in a public setting come with the territory, and urged them not to cut off public debate . He challenged citizens who come to the Council and make allegations to establish some truth to them. EXECUTIVE SESSION At 8 : 09 the meeting recessed to Executive Session for approximately 20 minutes . The meeting reconvened at 8 :45 . Labor Negotiations. YINGLING MOVED, upon final review and approval from the City Attorney' s Office, to authorize the Mayor to sign a three-year collective bargaining agreement with the Washington State Council of County and City Employees (AFSCME) Union, Local 2617, effective January 1, 2001 through December 31, 2003 . Brotherton seconded and the motion carried. ADJOURNMENT At 8 :46 p.m. , Orr moved to adjourn, Clark seconded and the motion carried. Brenda Jacober, CMC City Clerk 10