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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 11/20/2001 Kent, Washington November 20, 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, Woods, Worthing, and Yingling. Others present Chief Administrative Officer Martin, City Attorney Lubovich, Police Chief Crawford, Interim Fire Chief Hamilton, Planning Manager Satterstrom, Finance Director Miller and Parks, Recreation and Community Services Director Hodgson. Approximately 35 people were at the meeting. CHANGES TO THE AGENDA Golf Merchandising Plan. Robert O 'Brien and Ted Kogita requested the addition of the merchandising plan and Riverbend Golf Course . It was added as Continued Communications Item 11A. The Mayor pointed out that the golf merchandising plan is on the Consent Calendar and that it won' t be heard as a separate item unless a Council member chooses to remove it from the Consent Calendar. PUBLIC COMMUNICATIONS Chief Administrative Officer. Mayor White noted that Mike Martin has to leave tonight ' s meeting early and announced that he has appointed Martin to fill the Chief Administrative Officer position. He offered his congratulations; Orr added her thanks . Martin said he is pleased to work for the Mayor and Council, and the community. Police Department Reaccreditation. Lt. Bruce Weissich of the Police Department announced that the department is going through a reaccreditation process, which involves a team of assessors examining the department ' s policies and procedures and the way they do business . He added that the department has been nationally accredited since 1996 . He said a public hearing will be held on December 3rd at 7 : 00 p.m. in the Council Chambers, and that from 1 : 00 to 5 : 00 p.m. that day, citizens can speak with the assessors by phone at 253 -856-5891 . He encouraged anyone with input to participate by attending the hearing or calling the assessors Kent Food Bank Donation Presentation. Mayor White noted that City of Kent employees have raised money for the food bank and presented a check in the amount of $1253 . 29 1 Kent City Council Minutes November 20, 2001 PUBLIC COMMUNICATIONS to Marilyn McGuire, Food Bank Director. McGuire thanked the Mayor and employees and noted that over 600 Thanksgiving baskets have been prepared. CONSENT CALENDAR ORR MOVED to approve Consent Calendar Items A through M Woods seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 6A) Approval of Minutes . APPROVAL of the minutes of the regular Council meeting of November 6, 2001 . BILLS OF SALE (CONSENT CALENDAR - ITEM 6M) Van Doren' s West Hill of Sale. As recommended by the Public Works Director, accept the Bill of Sale for Van Doren' s West submitted by Benaroya Capital Company, L L. C . for continuous operation and maintenance of 135 feet of watermain improvements, and 3 , 152 feet of sanitary sewer Bonds are to be released after the one- year maintenance period. This project is located at 22718 Russell Road. TRAFFIC (CONSENT CALENDAR - ITEM 6D) S . 196th/200th Street West Leg, King County Agreement, Supplement No. 4 . Authorization for the Mayor to finalize and sign Supplement No. 4 to the King County Agreement, upon concurrence of the language therein by the Public Works Director, as recommended by the Public Works Committee. Supplement No. 4 of this agreement will increase the allowable costs by King County to the City for this project, by $700, 000 to $6, 471 , 153 . The County has budgeted for this increase payable this year. (CONSENT CALENDAR - ITEM 6C) Washington Traffic Safety Commission Mini-Grant. Accept and establish a budget for a Washington Traffic Safety Commission mini-grant , which the Police Department has received for two video cameras to be used in conjunction with ongoing traffic safety activities . The amount of the grant is $3 , 284 . 2 Kent City Council Minutes November 20 , 2001 TRAFFIC (OTHER BUSINESS - ITEM 7A) 94th Avenue South and Canyon Drive Signal. On July 2nd the Public Works Committee recommended (2-1) to install the 94th Avenue Signal, which is part of the facilities improvement for the Canyon Drive contract . The Public Works Department recommends moving forward with the signal installation as completion of this project City Engineer Gill summarized the project, noting that it provides a safe pedestrian crossing . He pointed out that there are over 40 , 000 trips a day up and down Canyon Drive, and reiterated their recommendation to move forward. CLARK MOVED to adopt the Public Works Committee ' s recommendation of installation of the 94th Avenue Signal . Orr seconded. Clark noted that there were many concerns about this project and that it became clear after investigation that pedestrian safety, bus transportation and bicycle use must be addressed. The motion then carried. (BIDS - ITEM BA) Replacement Traffic Signal Cabinet Project. The bid opening for this project was held on November 9th with four bids received The low bid was submitted by McCain Traffic Supply with a bid amount of $95, 635 20 , including sales tax The Engineer ' s estimate was $114 , 240 00 including sales tax. The Public Works Director recom- mends awarding this contract to McCain Traffic Supply. CLARK MOVED that the Traffic Signal Cabinet Replacement contract be awarded to McCain Traffic Supply for $95, 635 . 20 including sales tax. Epperly seconded and the motion carried. CONTRACTS (CONSENT CALENDAR - ITEM 6E) 2002 Government Affairs Contract. Authorization for the Mayor to finalize and sign the 2002 Government Affairs contract with Doug Levy of Outcomes by Levy, as reviewed and recommended by the Operations Committee during its November 6, 2001 meeting. The contract covers Mr. Levy' s services and expenses for 2002 . These services include legislative advocacy at the local , state and federal level on the City' s high priority issues The services 3 Kent City Council Minutes November 20 , 2001 CONTRACTS are detailed further in the contract ' s scope of work. The high priority issues are detailed further in the City' s 2002 Legislative Agenda. (CONSENT CALENDAR - ITEM 6F) 2002 Kent Reporter Contract. Authorization for the Mayor to finalize and sign the 2002 Kent Reporter contract as recommended by the Operations Committee . The Kent Reporter is typically distributed to 68, 000 Kent area addresses . Council and community feedback on the news- letter has been very positive and staff recommends continuing the newsletter in 2002 Included is a total project cost of $51 , 696 in the 2002 Preliminary Budget (CONSENT CALENDAR - ITEM 6G) Printing Press and Plate Maker Replacement. Authorization to purchase an AB Dick 9995 Offset press and an AB Dick Digital P1ateMaster DPM2340 for a total of $98, 000, to replace and upgrade the print shop press and direct-to-plate system, subject to approval of contract wording by the City Attorney, as recommended by the Operations Committee on November 6, 2001 . (CONSENT CALENDAR - ITEM 6H) Fire Station No. 75 Heating, Ventilating and Air Conditioning Contract. Authorization to enter into an agreement with Sieman' s Landis Division to perform the installation of Direct Digital Controls for the HVAC at Fire Station #75, as recommended by the Operations Committee . In 1998, the City and Sieman' s Landis Division entered into a sole source agreement to upgrade all City build- ings with automated heating and ventilation controls (HVAC) . As funds become available, every City building will be upgraded. STREET VACATION (PUBLIC HEARINGS - ITEM 5A) Street Vacation, S. 206th and East Valley Highway (STV- 2001-2/KIVA #2012601) . Resolution No 1606 established November 20 , 2001 as the public hearing date for the application by Specialty Metals to vacate a portion of S . 4 Kent City Council Minutes November 20, 2001 STREET VACATION 206th Street . A staff report recommends approval with conditions . Charlene Anderson of the Planning Department displayed a map and explained the conditions . The Mayor opened the public hearing. There were no comments from the audience . ORR MOVED to close the public hearing. Woods seconded and the motion carried. BROTHERTON MOVED to approve the staff recommendation of approval with conditions of the application to vacate a portion of S . 206th Street, as referenced in Resolution No. 1606, and to direct the City Attorney to prepare the necessary ordinance upon compliance with the conditions of approval . Orr seconded and the motion carried. REZONE (OTHER BUSINESS - ITEM 7B) S. 212t° Street Retail Center Rezone (RZ-2001-1/KIVA #2012238) . Hartigan Retail Strategies has requested a rezone of approximately 12 . 9 acres of property from 0, Professional and Office, to NCC, Neighborhood Convenience Commercial . The property is located at 9116 S . 212th Street, and is the current site of the Golf Park driving range . A public hearing was held before the Hearing Examiner on October 17, 2001 and the Hearing Examiner recommended approval of the proposed application on October 24 , 2001 . Damien Hooper of the Planning Department explained the rezone, displayed the location, and outlined the Hearing Examiner' s recommendation. He then answered questions from Council members regarding considerations given to 208th, environmental impacts, conditions, funding, CJ benefits to the city, and future development . Brotherton F— q C= expressed concern about the viability of NC going in at W that location, and Clark expressed concern about the �j ` potential increase in traffic Woods pointed out that \ these kinds of issues would be addressed within the permit process . John Hartigan, 2323 N. 31st, Tacoma, LLJ O explained that they have been seeking major tenants UW including a major West Coast grocer, and that they would W work extensively with staff to comply with all C= ordinances . He said this business would draw not only cr- from housing in Kent, but from Renton as well . The O Z U motion then carried. 5 Kent City Council Minutes November 20 , 2001 HEARING EXAMINER APPEAL (OTHER BUSINESS - ITEM 7C) (Mike Martin left the meeting at 7 . 55 p .m. , lust prior to this item. ) Qwest Conditional Use Appeal. This is a closed record appeal hearing of the decision of the Hearing Examiner, approving a conditional use permit filed by KDW Architects on behalf of Qwest for construction of a second floor on an existing facility located at 206 South State Street The Hearing Examiner ' s Findings were issued on October 3 , 2001 Mr Paul Morford, on behalf of CAP Properties, Inc . , filed a timely appeal of the Hearing Examiner ' s decision on the conditional use permit on October 12 , 2001 . The City Attorney explained the appeal process, the options available to Council , and the issue . Paul Morford, P 0. Box 6345, Kent 98064 , noted that one drawing in the packet provided to the Council was incomplete; Orr responded that Council has received corrected copies . He also showed Council members a picture of the building he built . He then read the letter which he submitted to the Hearing Examiner (Exhibit 2 in the notebook) . He said there is proof that Qwest ' s request will be detrimental and that he feels the situation should be taken care of by building in a different location or compensating him for the devaluation of his property. He added that three people, as well as the applicant, have said the action would be detrimental Morford expressed concern about the number of employees at the facility and about parking problems . He stated that Planning had said that landscaping would take care of the negative impact, and that it appears two of the notices were not timely. Upon Brotherton' s question, Morford said he feels he has proof that the requested action would be detrimental, and that it is less costly for Qwest to build a second floor than to expand elsewhere. Brenda Ross, KDW Architects, showed the drawings she used in the original hearing (which are in the notebook pro- vided to Council) and noted that the Qwest building is an 6 Kent City Council Minutes November 20, 2001 HEARING EXAMINER APPEAL emergency facility and provides a critical utility use to the city, and as such is essential to the City. She added that since the building was built in 1955, it has expanded three times, in 1965 , 1968 and 1984 She pointed out that Morford' s building was built before the last addition. She stated that the building has grown with the City, and that most of it existed prior to Mr. Morford' s building. Ross agreed that the addition of a second floor will block some of his view, but said landscaping will buffer that . She said Morford had no right to the view to begin with, therefore there is no detriment to him if the view is taken away and added he has had positive impacts over the years in which they have not built in front of his property. She said that not much of his view will be blocked, and that none will be blocked from the third floor. She also noted that the DCE zone allows unlimited height . She provided pictures of the view for the Council members to look at . Epperly said she has been in the 2nd and 3rd floors of the building and that what Ross presented as the view is not accurate. Upon questions from Council members, Hooper noted that the last time the building was changed was a variance which was granted in 1983 , that the zoning was changed in 1992 , and that in the early 1980 ' s the zoning was probably general commercial . Epperly opined that the Number One criteria for a conditional use permit was ignored by the Hearing Examiner. Brotherton verified that a building containing different contents would not require a conditional use permit to make changes to it . Morford noted that the view ordinance was in place when his building was built and therefore his view was pro- tected. He said there is a parking problem and that doubling the size of the building and number of desks will add to it . Ross emphasized that the Qwest building is not a dispatch facility and that the trucks are not there very long She added that they appreciate the difficult parking 7 Kent City Council Minutes November 20 , 2001 HEARING EXAMINER APPEAL issue for Mr. Morford and said they consistently attempt to get staff to use the parking provided across the street . She clarified for Orr that there will not be additional employees in the building, and that the desks are moved from place to place to monitor equipment . Morford opined that there will be more trucks and more people and encouraged the Council to deny the request . Lubovich clarified that the issues are whether the loss of view is a detriment to the use of the adjoining property, and parking. Satterstrom noted for Yingling that he is not aware of any precedent for this type of thing with respect to a conditional use permit . BROTHERTON MOVED to remand the issue back to the Hearing Examiner for a further hearing in order to obtain additional evidence, facts, or information for its reconsideration, to wit four issues identified 1 . The view ordinance protecting Mr. Morford ' s view when they built the property. Was there a view ordinance in place and did it protect his property? 2 What is the actual view blockage? There appears to be some difference of opinion as to what view is actually blocked and what weather impacts are there . The view that he saw looked like it was pretty long distance to Seattle, which you can sometimes not see very well . 3 The Qwest building was there first, and that ' s an important issue. 4 . Is the loss of view detrimental if it ' s applied to a building without a protected view. Epperly seconded. Brotherton said he would like to have the Hearing Examiner look at these issues in light of legal cases throughout the state and provide a reasoned opinion. 8 Kent City Council Minutes November 20, 2001 HEARING EXAMINER APPEAL Lubovich confirmed that this issue would be remanded to consider those four issues and would be limited to those four issues Epperly added an additional amendment that the Number One criteria for conditional use should be further reviewed, since it was possibly not given enough importance. Brotherton said he heard for the first time tonight that Mr. Morford believed there was a view ordinance in place protecting his property when he built it . He said he would like to know if that is true and whether it would affect the Hearing Examiner' s decision. He said he would also like to know about the actual view blockage, what percentage of the view and what percentage of the time . He questioned whether the Qwest building was there first, and whether it is really detrimental if it is not a protected element in that zoning area. It was clarified that the intent of the motion is to remand the issue back to the Hearing Examiner for a further hearing in order to obtain additional evidence, facts or information for reconsideration, with the following five criteria for the Hearing Examiner to pay attention to: the view ordinance when Morford' s building was built; the actual view blockage; whether the Qwest building being there first matters; whether the loss of view is detrimental if not protected; and whether the Number One criteria for conditional use was given enough importance The motion then carried unanimously. PARKS, RECREATION AND COMMUNITY SERVICES (CONSENT CALENDAR - ITEM 6I) Donation From Rotary Auction. Accept the $186 . 00 donation from the Kent Rotary Club and amend the Adopt-A- Park budget, as recommended by the Parks Committee . Each year the Kent Rotary Club holds an auction to support local programs . One half of the proceeds from the sale of each item sold is donated to a designated charity 9 Kent City Council Minutes November 20 , 2001 PARKS, RECREATION AND COMMUNITY SERVICES or program. This year Kent parks Planning and Development received the donation, which will be used for the Adopt- A-Park program. (CONSENT CALENDAR - ITEM 6J) King County Conservation Futures Interlocal Agreement. Authorization to enter into an agreement with King County for Conservation Futures Interlocal Funds and amend the Clark Lake Land budget for $600, 000, as recommended by the Parks Committee . In September 2001, Kent Parks Planning and Development received $600, 000 . 00 from the King County Conservation Futures Levy Fund for open space acquisition projects . The funds will be used in the Clark Lake Park Land budget (CONSENT CALENDAR - ITEM 6K) Fee In Lieu Allocation. Accept the $130 , 408 . 37 for fee- in-lieu-of funds and amend the following budgets, as recommended by the Parks Committee : Canterbury Park (P96) $ 53 , 728 . 33 Clark Lake park Acquisition (P21) $ 6, 930 . 04 Service Club Ballfields (P24) $ 69, 750 . 00 $130, 408 .37 The City received a total of $130, 408 . 37 from six subdivisions who voluntarily paid fee-in-lieu-of funds, dedicating parkland to mitigate the development of single family homes (CONSENT CALENDAR - ITEM 6L) Riverbend Golf Merchandising. Authorization for staff to develop a golf merchandising program effective December 1, and adjust the merchandising golf complex revenue and expenditure budgets for 2001 and 2002, as recommended by the Parks Committee Nevada Bob' s closed all of their golf merchandise stores in Washington, including the store at the Riverbend Golf Complex where the space was leased from the City. Staff 10 Kent City Council Minutes November 20 , 2001 PARKS, RECREATION AND COMMUNITY SERVICES is currently making minor tenant improvements and renova- tions in preparation of the City Council direction on merchandising . The Golf Advisory Board recommended the City operate the golf merchandising at the Riverbend Golf Complex at their Board meeting in October. (CONTINUED COMMUNICATIONS - ITEM 11A) Golf Merchandising. Robert O 'Brien, 1131 Seattle Street, noted that the pro shop merchandising plan was presented at a Parks Committee meeting and adopted. He said he would like to see the pro shop set up as a separate item including things such as salaries and benefits, taxes, depreciation, interest debt, and overhead. He disagreed that $150, 000 is an accurate figure for salaries and benefits, and said he would like to see balance sheets and profit and loss statements . Ted Kogita, 25227 Reith Road, said the golf merchandising plan does not make sense and that $70, 000 for apparel is a bogus number He suggested further study. Parks Director Hodgson said there will be a separate tracking program for the pro shop and 1800 sq. ft . is being added to the pro shop at the driving range . BUDGET (PUBLIC HEARINGS - ITEM 5B) 2002 Budget and 2001 Tax Levy for the 2002 Budget. This is the second public hearing on the 2002 Budget and 2001 Tax Levy for the 2002 Budget . This 2002 Preliminary Budget is on file with the City Clerk, and is in balance with no new taxes or fees . Public input is desired as the City prepared for the planned final budget adoption on December 11, 2001 . Finance Director Miller explained what the budget includes, noting that there are no new positions, that many cuts in things such as supplies were made, and that many capital items were deferred. Miller noted that the City must charge citizens a Metro pass-through rate increase which goes to Metro. She said $180 , 000 in golf fees which were proposed by the men' s 11 Kent City Council Minutes November 20 , 2001 BUDGET and women' s clubs is included, and that the mill rate may be increased by 3-1/2% . She added that other tax options are being considered, that the budget will be discussed by the Operations Committee on December 4th, and that adoption is scheduled for December llth. WOODS MOVED to make letters from ACAP and the Kent Historical Society part of record. Orr seconded and the motion carried Mayor White opened the public hearing. Bill Young, 1005 E . Guiberson Street, made the following recommendations to reduce the budget : eliminate or postpone the 21% increase in the arts program, as it is not a necessity, and spend that money on public safety or roads; eliminate or postpone the $3 . 3 million youth soccer field on East Hill to be funded by Councilmanic bonds ; eliminate or postpone the Councilmanic bonds for parks to be built and for campus expansion and renovation; eliminate or postpone the $1 million for Kent Station Infrastructure Bob O'Brien, 1131 Seattle Street, disputed figures regarding the golf course, and asked for clarification on Kent Station Infrastructure funding. He also suggested looking at the management span of control , noting a ratio of 24 .4% management personnel . There were no further comments and ORR MOVED to close the public hearing. Woods seconded and the motion carried Martin noted that the Councilmanic bonds are placeholders and that such bonds do not increase taxes . Parks Director Hodgson offered to discuss Mr. O'Brien' s figures after the meeting and explained that the ball fields will be used as five or six facilities and will be used year around. He said some of the funds O' Brien referred to are for seismic work on City Hall, which is a life safety issue, and that the arts budget is funded on a $2 . 00 per capita program by ordinance. FINANCE (CONSENT CALENDAR - ITEM 6B) Approval of Hills . Approval of payment of the bills received through October 31 and paid on October 31, 2001 after auditing by the Operations Committee on November 6 , 2001 . 12 Kent City Council Minutes November 20, 2001 FINANCE Approval of checks issued for vouchers : Date Check Numbers Amount 10/31/01 Wire Transfers 1062-1070 $ 923 , 199 . 52 10/31/01 Prepays 524606-524923 3 , 582 , 300 . 59 10/31/01 Regular 524924-525315 1, 933 , 483 79 10/31/01 Vold 524683 (1, 745, 937 06) 09/15/01 Reissued 524982 1, 745, 937 . 06 $6, 438 , 983 . 90 Approval of checks issued for payroll for October 1 through October 15 and paid on October 19, 2001 : Date Check Numbers Amount 10/19/01 Checks 255660-255983 $ 286, 685 . 35 10/19/01 Advices 117885-118593 1, 084, 458 . 63 $1, 371, 143 . 98 Approval of checks issued for payroll for October 16 through October 31 and paid on November 5, 2001 : Date Check Numbers Amount 11/5/01 Checks 255984-256318 $ 275, 112 . 70 11/5/01 Advices 119258-119975 1, 046, 330 . 60 $1, 321 , 443 . 30 REPORTS Council President. Orr invited the local reporter to loin the Council at any time while they have dinner between the workshop and the Council meeting, noting that the discussion is about personal , not business items . She thanked Mr Worthing and presented him with a key to the City. Worthing commended the Council members for their patience and understanding, and said it has been an honor and a privilege working with them. EXECUTIVE SESSION At 9 : 05 p.m , the City Attorney reminded Council members of an executive session regarding pending litigation, property acquisition and a leasing issue He said action is anticipated on all items after the meeting reconvenes, and that the executive session will be approximately twenty minutes . 13 Kent City Council Minutes November 20, 2001 EXECUTIVE SESSION The meeting reconvened at 9 : 30 p.m. Property Acquisition. WOODS MOVED to authorize the Mayor to enter into a rent free Rental Agreement with Multi- Service Center for the Haak House at 11525 SE 240th Street for a two-year term Yingling seconded and the motion carried. Surplus Property. WOODS MOVED to surplus the washer and dryer located in the Haak House and acquired with the purchase of the property in February of 2001 , and to authorize the Mayor to donate the washer and dryer to the Multi-Service Center for use in the transitional housing program. Orr seconded and the motion carried. Property Sale. WOODS MOVED to authorize the Mayor to enter into a Purchase and Sale Agreement for an amount not less than $36, 000 cash from a qualified buyer for the Jean Austin Property, to authorize the Mayor to execute any and all documents necessary to close the sale, and amend the Canterbury Park budget with the proceeds resulting from the sale . Epperly seconded and the motion carried. Property Acquisition. WOODS MOVED to authorize the Mayor to enter into a Purchase and Sale Agreement for an amount not to exceed $205 , 000 for the James/Grayson Property adDacent to East Hill Youth Sports Complex, and to authorize the Mayor to execute any and all documents necessary to close the purchase upon review by the City Attorney, and to appropriate $205, 000 plus closing costs from the Park Land Acquisition account . Orr seconded. Woods noted that this money is budgeted and that this is designed to be the location for parking for the East Hill Youth Sports Complex. The motion then carried. Property Acquisition. WOODS MOVED to authorize the Mayor to enter into a Purchase and Sale Agreement for an amount not to exceed $175, 000 for the Martin Property ad]acent to East Hill and Morrill Meadows Parks, and to authorize the Mayor to execute any and all documents necessary to close the purchase upon review by the City Attorney, and to appropriate $175, 000 plus closing costs from the Park 14 Kent City Council Minutes November 20, 2001 EXECUTIE SESSION Land Acquisition account . Orr seconded. Woods noted that this money is available in the acquisition fund and that this is part of an effort to bring the two parks together in the future The motion then carried. DeMarco Annexation. BROTHERTON MOVED to authorize the City Attorney to enter into any and all stipulations and/or agreements in the matter of Lotto and Toppano v. City of Kent, which is presently pending before the Central Puget Sound Growth Management Hearings Board, No. 01-3-0024 , and King County Superior Court, Cause No. 01-2-26006-5 KNT, to remand to the City the DeMarco Annexation zoning as set forth in Ordinance No. 3572 , to repeal the same upon remand reverting to interim zoning at SR2 and to reconsider zoning for the recently annexed area. woods seconded and the motion carried. ADJOURNMENT ORR MOVED to ad3ourn at 9 : 35 p.m. Woods seconded and the motion carried. �} / Brenda Jacob CMC City Clerk 15