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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 02/05/2002 Kent, Washington February 5, 2002 The regular meeting of the Kent City Council was called to order at 7 . 00 p .m. by Mayor White Councilmembers present : Clark, Epperly, Orr, Peterson, White, Woods, and Yingling Others present : Chief Administrative Officer Martin, City Attorney Brubaker, Interim Fire Chief Hamilton, Public Works Director Wickstrom, Community Development Director Satterstrom, Parks, Recreation and Community Services Director Hodgson, Finance Director Miller and Information Technology Director Mulholland Approximately 125 people were at the meeting. (CFN-198) CHANGES TO THE AGENDA Consent Calendar Items D and I were removed and placed under Other Business at the request of Council members . Continued Communications Item A was added at the request of Bob O 'Brien. (CFN-198) PUBLIC COMMUNICATIONS State of the City Address. Mayor White gave his annual State of the City Address, noting that the City will face significant challenges in 2002 , but that it is well positioned to meet them. He said the city is healthy, organizationally strong and fiscally secure . He stated that, like the rest of the nation, Kent has suffered under a declining economy and that he has directed all city departments to reduce their budgets by the amount needed to restore the reserve to 10% of the General Fund. Mayor White explained that the City took the unusual step of refusing to use the full taxing authority it is entitled to, and therefore the property tax rate will be lower in 2002 than at any other time in the last 11 years . He added that as taxes shrink, economy must grow, and noted that Kent Station will soon become the city' s new economic anchor. He also said the deficit in youth sports facilities will be addressed by the addition of the East Hill Youth Sports Complex. The Mayor also spoke about enhancing the City' s light industrial base, the opening of the new ice rink, commissioning of Valley Communications Center, implementation of the new one-stop Permit Center, completion of the 196th Corridor, and work on the 277th and 228th Street projects . Others issue brought up in the address were the increase of water supply capability by 40%, the Sounder Commuter train, the 5-story parking garage, agricultural property and public safety. (CFN-198) 1 Kent City Council Minutes February 5, 2002 PUBLIC COMMUNICATIONS Employee of the Month. Mayor White announced that Information Technology Director Marty Mulholland has been selected as February Employee of the Month. He noted that Ms . Mulholland has changed the city' s appearance and operation to one of leading edge high performance through her efficiency and performance He added that she is dedicated, innovative and exudes true leadership, and exemplifies the Kent Cares philosophy. CAO Martin added that Ms . Mulholland is heavily involved in city activities such as United Way, and that her leadership is reflected in the high morale in her department . The Employee of the Month plaque was then presented to Marty by Mayor White . (CFN-147) National Night Out Presentation. Judy Mauhl of the Police Department explained the Block Watch program and announced that in the competition for cities with a population under 100, 000, Kent ranked 7th in the nation. She added that Kent ranked 17th in 1999 and 13th in 2000 . She displayed the National Award and thanked Mayor, City Council and all the citizens of Kent who helped. (CFN-122) Introduction of Appointees. Mayor White introduced Connie Epperly, appointee to the LEOFF Disability Board, and Karen Minehan, Richard Manoli and Rod Blalock, appointees to the Drinking Driver Task Force . (CFN-198) Government Finance Officers Association Award. Finance Director Miller explained that Budget Analyst Kathleen Senecaut developed a small comprehensive budget to hand out to citizens who need a short version of the budget . The award was presented to Ms . Senecaut . (CFN-155) Traffic Solutions Committee Presentation. Traffic Engineer Steve Mullen explained a contest which was recently held having to do with traffic congestion, and announced the winners and their suggestions as follows : Diana Woeck - left turn lane at 101st Avenue SE and SE 256th 2 Kent City Council Minutes February 5 , 2002 PUBLIC COMMUNICATIONS Denny Naumec - islands on Central Avenue at Smith and James to restrict driving in left turn lanes Ron Logan - allow another lane of travel on 132nd Avenue SE The winners were given certificates for a ride-along with a Kent traffic officer Mullen asked citizens with other suggestions to call the hotline at 253-856-5566 or visit the website at www kent wa.us (CFN-198) Arts Day 2002 . Mayor White read a proclamation noting that arts are a fundamental aspect of human experience and are necessary to the quality of life and proclaimed February 12 , 2002 as Arts Day 2002 in the City of Kent He encouraged all citizens to celebrate the vitality of arts in our city and state The proclamation was presented to Carol McPherson, Chair the of the Arts Commission, who expressed thanks to the Mayor, Council , staff and citizens . (CFN-155) City Attorney, Mayor White introduced Tom Brubaker and announced that he has been appointed City Attorney. (CFN-198) CONSENT CALENDAR CLARK MOVED to approve Consent Calendar Items A through H, with the exception of Item D. Woods seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 6A) (CFN-198) Approval of Minutes . Approval of the minutes of the regular Council meeting of January 15 , 2002 PARKS, RECREATION AND COMMUNITY SERVICES (CONSENT CALENDAR - ITEM 6C) (CFN-136) Surplus Equipment. Authorization to surplus two John Deere yard tractors : equipment numbers 9945 and 9946, and one John Deere mower: equipment number 1008, as recommended by the Parks, Recreation and Community Services Director. The equipment has been replaced by newer models and is no longer in use. 3 Kent City Council Minutes February 5, 2002 PUBLIC RECORDS (CONSENT CALENDAR - ITEM 6D) (CFN-1266) (REMOVED BY COUNCIL MEMBER WHITE) Public Records Request Procedures Ordinance. The pro- posed ordinance would modify existing policy provisions to clarify and streamline the processing procedure and make other revisions and additions to the existing policy in order to provide a quicker response to the public . It would also provide a better way for the public to access the City' s public records disclosure processing procedure Council member White noted that Section 1 05 . 040 of the ordinance lists only two ways of making a request, that being in person or by mail . He suggested allowing use of the web site to make public records requests . CLARK MOVED to adopt Ordinance No. 3588 as written. Martin explained that there is no problem using the web for such requests, and that a form can be developed. He estimated the cost of handling requests at $250, 000 for the last 1-1/2 years . He agreed with the Mayor ' s sugges- tion to monitor the number of requests received on the web. Yingling voiced concern about security and reliabi- lity, then seconded Clark' s motion It was clarified for Peterson that this refers to making a request via the web format, not about disbursing the information back via e-mail WHITE MOVED to amend Section 1 . 05 . 040 to include allowing requests to be made over the City' s web site Epperly seconded Clark voiced opposition, noting that this would add to the workload of the Technology Department as they face staffing reductions, and that if this were approved, people would expect to tap in next week. He suggested testing the technology beforehand, approving the ordinance as is and directing staff to develop a working model, at which time the amendment could be added in. ORR agreed and OFFERED A FRIENDLY AMENDMENT to White ' s motion to amend, to give staff six months to do research and develop an implementation plan. White agreed to the friendly amendment Upon Yingling ' s question, Brubaker said problems could arise from web page transmittal of requests . He explained that in litigation situations, the time the request is received and the time it takes to respond can 4 Kent City Council Minutes February 5 , 2002 PUBLIC RECORDS become an issue and potentially a liability for the city He said he is unclear about whether the city has the technology to fill out a form by e-mail and submit it by e-mail . He stated that he would prefer to have a written request because of the certainty it has provided in the past . Brubaker noted for Orr that the ordinance could be amended at any time in the future . WOODS MOVED to table the issue . Peterson seconded and the motion carried. Brubaker clarified that the proposed ordinance is already in effect as a City policy, so the procedures already in place are not being limited by tabling the issue . Joe Rubio, 3831 S . 248th, spoke in favor of tabling the matter and said other cities use e-mail and fax. Ted Kogita also spoke in favor of using e-mail . LID 350 (CONSENT CALENDAR - ITEM 6E) (CFN-1144) LID 350 - Big K Sanitary Sewer & Water Main. Authorization to set the Public Hearing for March 5th on the confirmation of the Final Assessment Roll for LID 350 - Big K Sanitary Sewer & Water Main, as recommended by the Public Works Committee . PUBLIC WORKS (CONSENT CALENDAR - ITEM 6F) (CFN-1144) Big K Sanitary Sewer & Water Main Project. Accept the Big K Sanitary Sewer & Water Main pro]ect as complete and release of retainage to R.L. Alia Company upon standard releases from the state and release of any liens . The original contract amount was $1, 246 , 183 .45, as recom- mended by the Public Works Director The final contract amount is $1, 057, 124 . 88 (CONSENT CALENDAR - ITEM 6I) (CFN-1038) (REMOVED BY COUNCILMEMBER ORR) Kent/Covington Water District Agreement. The Public Works Committee recommended that the Mayor be authorized to sign the Kent/Covington Water District Joint Agreement, upon concurrence of the final language by the Public Works Director and the City Attorney. The agreement authorizes the Covington Water District to 5 Kent City Council Minutes February 5, 2002 PUBLIC WORKS construct a connection from the City of Tacoma ' s P1 water supply line to both Kent and Covington Water District ' s systems The City would pay half the cost of construction. ORR MOVED that the Mayor be authorized to sign the Kent Covington Water District Joint Agreement , upon con- currence of the language therein by the Public Works Director and the City Attorney. Woods seconded. Orr explained that the Public Works Committee recommended unanimously to approve this item. She noted that the final form of the agreement was received yesterday, and explained that the project will allow additional capacity as needed. White commented that he had not had time to review the agreement, and Wickstrom explained that the project is very time sensitive . Orr' s motion then carried with White abstaining. COMPREHENSIVE PLAN (OTHER BUSINESS - ITEM 7A) (CFN-377) 2001 Comprehensive Plan Amendments. By ordinance, amend- ments to the Kent Comprehensive Plan are processed collectively once every year. Applications for eight plan amendments were received by September 21 , 2001 . Six of them proposed changes to both the comprehensive plan land use and zoning maps . The Land Use and Planning Board held a public hearing on December 10, 2001 . Bill Osborne of the Planning Department displayed the location of the following proposals, described the intent of each and outlined the Board' s recommendation for each. Proposal B - Soos Creek Center Proposal C - Klouzal Proposal D - Amerinor/Cameron Proposal E - Fanning/Scharer Proposal F - DeRose Proposal G - Kent and Federal Way School Districts Proposal H - City of Kent Capital Facilities Element After Osborne and Wickstrom answered questions from the Council members, ORR MOVED to approve the Land Use and Planning Board' s recommendations on proposed 2001 annual comprehensive plan and zoning amendments B through F, and 6 Kent City Council Minutes February 5, 2002 COMPREHENSIVE PLAN to direct the City Attorney to prepare the necessary ordinances . Woods seconded and the motion carried. ORR MOVED to approve Proposal G, the Kent and Federal Way School Districts request to amend the text of the City of Kent Comprehensive Plan Capital Facilities Element and Kent City Code Chapter 12 13 to reflect proposed changes to impact fees resulting from new student population generated by new single family and multifamily residen- tial development Woods seconded and the motion carried ORR MOVED to approve Proposal H, City of Kent Capital Facilities Element Amendment , proposed text changes to the Capital Facilities Element of the City of Kent Comprehensive Plan. Yingling seconded and the motion carried Martin announced that an interpreter will be available during discussion of Proposal A, Still Manor Retirement Living. Bill Osborne of the Planning Department displayed the location of Proposal A, described the intent of the amendment and noted that the Board has recommended denial . Andy Andras, 1035 W Smith #47, explained that it is the owner' s responsibility to make sure their mobile home is properly maintained so that it can be moved. He added that the tenant ' s petition is asking the City for con- sideration to help the tenants with relocation, not commitments . Andras said they are willing to partner with the City to develop a relocation fund, and said only 501C organizations can access grants . He added that the cost of moving a mobile home is $500, and asked that Council approve the zoning change . Mary Hughes, 14716 SE 274th Court, representing Century 21 New Horizons, outlined marketing and leasing issues Ted Nixon, 420 W. Harrison 4202 , said the revision to the comp plan is not detrimental to the safety, health or welfare of the city, that the surrounding area has changed, and that it meets all land use goals . He referred to a letter provided to the Council today 7 Kent City Council Minutes February 5, 2002 COMPREHENSIVE PLAN regarding providing low and medium income people the opportunity to purchase new mobile homes . Robert McKenna, 1035 W. Smith #37, voiced concern about what will happen to the residents and distributed copies of statistics regarding the Mobile Home Park. After dis- cussing the statistics, he urged the Council not to rezone because of the impact to the residents . Merry Marshall, Still Manor Mobile Home Park #9, repre- senting some of the residents of the park, asked the Council not to rezone them out of their homes . She said when mobile homes are moved, they depreciate by one- third, and that it would cost $6, 000 to move each home, which is more than most of their annual incomes . Lauraine Carlson, Still Manor Mobile Home Park, said some of the families will have to go to shelters or low-income housing. She said it is not practical to move and asked the Council to take another look at not rezoning She said if residents could keep their homes in the park, they would renovate the property to make it look better, and urged Mr Still and the Council to consider that . John Still , 33205 30th SW, Federal Way, explained that the park was legally closed on December 19, 2001 , and whether or not the rezoning is approved or not, it has been closed by state law. He added that residents have until December 31, 2002 , to move, and that they cannot be required to upgrade their trailers because of relocation. He said the rezone will benefit the city significantly, and that over 250 seniors with specific and special needs will be housed with dignity. He cited construction jobs, construction fees, sales tax, addressing of future city needs, tax base, downtown rejuvenation and community jobs as benefits of the project He asked the Council to approve the rezone. Terry Zimmerman, 27030 47th Avenue So. #109, Chair of the Land Use and Planning Board and former social worker, said the residents of the park are property owners but not land owners, so they don' t have rights under the law to be notified She said there should be better notifi- cation. Zimmerman said the homes cannot be sold and cannot be moved due to their age, and that the cost to move a single wide is $3500 and a double wide is $7000, 8 Kent City Council Minutes February 5, 2002 COMPREHENSIVE PLAN which these residents cannot afford. She said it is unacceptable for the community to allow an action which would put 46 households next to homelessness . She suggested that the Human Service Office of the City of Kent and other human service agencies be involved, and that a community meeting be convened. Jaime Garcia, 6112 S . 296th Court, Auburn, agreed with Zimmerman and said the residents of the park represent vulnerable populations, elderly, non-English speaking people, and the working poor He asked that the Council look for someone to work with the residents in a bilingual fashion to offer them opportunities to up- grade their property or relocate . Dori Elias, 23701 110th Avenue SE, Executive Director of the Minority Executive Directors Coalition of King County, expressed concern about the potential displacement of these families and expressed support in helping convene a community meeting to find solutions for the residents . Jeffrey Keck, 23535 Marine View Drive, Des Moines, said the surrounding area is already zoned General Commercial and there is no reason not to approve the request . He reiterated that notice has been given and that the park is closing. Solange Diaz, #20, said her trailer is 49 years old and is impossible to move . She asked for the opportunity to move with dignity at a later time, and asked the City to work with Mr. Still to reach an agreement . Ursula Linski , #19, spoke in support of the residents . She asked for help in moving in a dignified way, and said a fast solution is needed. Victor Sandoval, #42 , agreed that a solution is needed soon, and that time is passing quickly. Ted Kogita said that the tax base is the issue, and that the children living in the park will be making money in ten years . Antonio in #20 said it is important to better the city, but that the residents are not pre- pared to move within a year. He said if more time were allowed, the trailers could be improved, and that moving will not benefit their children. Martin Plys, 3004 S . 256th, said taxpayers are tired of being told what to do with their land, and that more welfare cannot be allowed. 9 Kent City Council Minutes February 5, 2002 COMPREHENSIVE PLAN Upon questions from Council members, Terry Zimmerman said that she believes notice was not given to the residents until after the Land Use and Planning Board hearing, and that the Board members felt strongly about the decision they made . She said there were no zoning reasons for denying the request . ORR MOVED to approve the Land Use and Planning Board' s recommendation on this proposed 2001 annual comprehensive plan and zoning amendment Proposal A, and to direct the City Attorney to direct the necessary ordinances . Woods seconded Orr said taxpayer dollars cannot be used to assist tenants and that she cannot support the rezone . Yingling said the property owner has taken the legally required steps to close the park and that nothing will change that fact . He said staying in the park is not an answer and that the Human Services Department help with real solutions . Epperly agreed Peterson said this is a land use issue and that changing to a commercial use makes sense . She added that com- passion is important and that this is an opportunity to help Kent residents from a human services aspect . Clark disagreed with Mr. Plys, noting that the Council makes land use decisions . He stated that a variety of housing is needed and that two very large mobile home parks are in the potential annexation area. Woods said there must be better notification, there must be translation service, and that other mobile home park issues will have to be addressed in the future White spoke in opposition to Orr' s motion, noting that he cannot see any land use issue for not allowing the rezone to occur . He volunteered his time and effort as a private citizen in fund raising to help the residents move on. Orr pointed out that on February 19 the Planning Committee will begin looking at how to deal with this type of issue . CLARK MOVED to make Mr Nixon' s letter, the petition from the residents, and the statistical report a part of the 10 Kent City Council Minutes February 5, 2002 COMPREHENSIVE PLAN letter Orr seconded and added Mr. Keck' s letter The motion carried Upon a roll call vote, the motion to approve the Land Use and Planning Board' s recommendation denying the rezone then failed, with Clark, Orr and Woods in favor and Epperly, Peterson, White and Yingling opposed. PETERSON MOVED to deny the Land Use and Planning Board' s recommendation on Proposal A of the 2001 annual compre- hensive plan and zoning amendments, and to approve the rezone request and the comprehensive plan amendment request . White seconded. Upon a roll call vote, the motion carried with Epperly, Peterson, White and Yingling in favor, and Clark, Orr and Woods opposed. APPOINTMENTS (CONSENT CALENDAR - ITEM 6G) (CFN-122) Drinking Driver Task Force Re-appointments. Confirmation of the Mayor' s re-appointments of Ms . Karen Minehan, Mr. Richard Manoli and Mr Rod Blalock to continue serving as members of the Kent Drinking Driver Task Force . Their new terms will continue until 1/1/2005 (CONSENT CALENDAR - ITEM 6H) (CFN-147) Re-appointment to LEOFF Disability Board. Confirmation of the Mayor' s re-appointment of Councilmember Connie Epperly to continue serving as a member of the Kent LEOFF I Disability Retirement Board. Her new term will continue until 12/31/2003 . FINANCE (CONSENT CALENDAR - ITEM GB) (CFN-104) Approval of Bills Approval of payment of the bills received through December 31 and paid on December 31, 2001 after auditing by the Operations Committee on January 15 , 2002 . Approval of checks issued for vouchers : Date Check Numbers Amount 12/31/01 Wire Transfers 1095-1101 $ 755, 673 . 84 12/31/01 Prepays & 527326 2 , 467, 562 . 45 12/31/01 Regular 527976 3 , 417, 123 02 $6 , 640 , 359 .31 11 Kent City Council Minutes February 5, 2002 FINANCE Approval of payment of the bills received through January 15 and paid on January 15, 2002 . Approval of checks issued for vouchers : Date Check Numbers Amount 1/15/02 Wire Transfers 1102-1109 $1, 013 , 602 01 1/15/02 Prepays & 527977 1, 973 , 063 . 00 1/15/02 Regular 528611 1, 044 , 764 31 $4 , 031, 429 32 Approval of checks issued for payroll for December 15 through December 31 , 2001 and paid on January 4 , 2002 Date Check Numbers Amount 1/4/02 Checks 257288-257572 $ 248 , 073 . 17 1/4/02 Advices 122242-122971 1 , 040 , 959 . 06 $1, 289, 032 . 23 REPORTS Council President. Clark reminded Council members of the quarterly meeting of the Suburban Cities Association at the Auburn Senior Center on March 13 (CFN-198) operations Committee. Yingling noted that he will be on vacation in February and will not be at the meetings . (CFN-198) Public Safety Committee. Epperly noted that the next meeting will be held at 5 : 00 p.m. on February 12 . (CFN-198) Public Works Committee. Orr announced that the regularly scheduled meeting has been cancelled because it falls on a holiday (CFN-198) Planning Committee. Orr noted that the next meeting will be held at 3 : 00 p.m. on February 19 . (CFN-198) Parks Committee. Woods noted that the next meeting will be held at 4 : 00 p.m. on February 12 . (CFN-198) 12 Kent City Council Minutes February 5, 2002 CHAMBER OF COMMERCE (CONTINUED COMMUNICATIONS - ITEM 11A) (CFN-1170) Chamber Contract. Bob O 'Brien, 1131 Seattle Street, provided a copy of the Kent Lodging Association 2002 Budget, and said that at the December 20, 2001 Operations Committee meeting, the Economic Development Manager asked the City to enter into a $50, 000 a year six-month contract with the Kent Chamber of Commerce Lodging Association, and that the contract was entered into. He said the budget shows that after entering into a $50, 000 contract, the return will be between $16, 300 and $32 , 600 . He said there is no starting point in the contract and the contract can never be evaluated. He said citizens of Kent will pay $10, 000 for the web site, $9, 000 for a part time marketing representative, $810 for payroll, $2700 in benefits, $1, 000 in training, and $8, 000 in administrative overhead. He suggested saving the $50, 000 and giving it to the residents of Still Manor. Martin explained that the intent of the lodging tax money is to promote tourism and lodging, and that the Chamber and City work together on economic development goals . He further explained that the hotel owners and operators asked for this tax. Orr pointed out that the tax is not paid by the citizens of Kent, but by those who stay at hotels and motels . She added that that money can only be used for specific projects to promote tourism Yingling noted that he is the Chair of the Lodging Tax Advisory Board and offered to meet with Mr. O 'Brien. He also pointed out that the contract is not performance based. ADJOURNMENT CLARK MOVED to adjourn at 9 :40 p.m. Woods seconded and the motion carried. (CFN-198) Brenda Jacober City Clerk 13