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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 09/17/2002 • KEN ON WASHINGTON Kent, Washington September 17, 2002 The regular meeting of the Kent City Council was called to order at 7 : 00 p.m. by Mayor White. Council members present : Epperly, Orr, Peterson, White, Woods and Yingling. Others present : Chief Administrative Officer Martin, City Attorney Brubaker, Police Chief Crawford, Public Works Director Wickstrom, Community Development Director Satterstrom, Parks, Recreation and Community Services Director Hodgson, Employee Services Director Viseth, Information Technology Director Mulholland and Finance Director Miller. Approximately 100 people were at the meeting. (CFN-198) CHANGES TO THE AGENDA Council President Woods added Consent Calendar Item 6E. Continued Communications Items 11A and 11B were added at the request of audience members . (CFN-198) PUBLIC COMMUNICATIONS Constitution Week. Mayor White read a proclamation noting that this date marks the two-hundred-fifteenth anniversary of the framing of the Constitution of the United States of American by the Constitutional Convention. He proclaimed the week of September 17 through 23 as Constitution Week in the City of Kent and urged citizens to protect the freedoms guaranteed through this guardian of our liberties . The proclamation was presented to Elizabeth Walker of the Lakota Chapter of the National Society Daughters of the American Revolution, who explained the purpose of their celebra- tion and expressed thanks for the proclamation. (CFN-155) Geneva Obenchain Day. Mayor White noted that Geneva Obenchain was hired by the City on September 1, 1962 , and that she has since served in a variety of positions . He said she is well known for her smile, positive attitude and dedicated service to the citizens of Kent, and pro- claimed September 27, 2002, as Geneva Obenchain Day. He then encouraged all residents to join him in thanking Geneva for her 40 years of service to the City, and presented her with the proclamation, a plaque and a pin. Finance Director Miller commended Geneva for her calm and professional demeanor over the years . (CFN-155) CONSENT CALENDAR WOODS MOVED to approve Consent Calendar Items A through E. Orr seconded and the motion carried. 1 Kent City Council Minutes September 17, 2002 MINUTES (CONSENT CALENDAR - ITEM 6A) (CFN-198) Approval of Minutes . Approval of the minutes of the regular Council meeting of September 3, 2002 . HEALTH & SANITATION (CONSENT CALENDAR - ITEM 6D) (CFN-484) Meadowbrook (aka Ludford Estates) Bill of Sale. Accept the bill of sale for Meadowbrook submitted by Pacific Crest Enterprises for continuous operation and mainte- nance of 237 feet of water main, 608 feet of sanitary sewers, 199 feet of street improvements and 373 feet of storm sewers, as recommended by the Public Works Director. Bonds are to be released after the maintenance period. This project is located at 255th and 122nd Place SE. STREETS (PUBLLC HEARINGS - ITEM 5C) (CFN-102) Temperance Street Vacation. Resolution No. 1625 established this date for the public hearing on the application by Don Wickstrom, Kent Public Works Director, to vacate a portion of Temperance Street, between 4th and 2nd Avenues North. Staff recommends approval without conditions . Charlene Anderson, Planning Manager, gave an overview of the street vacation, noting that it is an interior site for the Kent Station project . Mayor White opened the public hearing. There were no comments from the audience and WOODS MOVED to close the public hearing. Orr seconded and the motion carried. WOODS MOVED to approve the staff ' s recommendation of approval of the application to vacate a portion of Temperance Street, as referenced in Resolution No. 1625, and to direct the City Attorney to prepare the necessary ordinance. (PUBLIC HEARINGS - ITEM 5D) (CFN-1269) LID 353, S. 228th Street Corridor. This date has been set for the public hearing on the formation of LID 353 . Public Works Director Wickstrom explained that the purpose of the hearing is to determine whether or not to proceed with formation of the LID. He explained that 2 Kent City Council Minutes September 17, 2002 STREETS within the LID more than 60% of the assessments are via environmental mitigation agreements and that therefore the final decision on whether the LID goes forward or not rests solely with the Council . Tim LaPorte, Design Engineering Manager, described the project and it ' s history, outlined the benefits of the project, and explained the LID process and schedule . Carol Storm, Project Analyst, explained the public process including meetings which were held and notices which were mailed out . Wickstrom then displayed the boundaries of the LID and explained the funding and method of payment . Upon Yingling' s question, it was noted that those property owners who do not have environmental mitigation agreements received notice of this hearing. Mayor White opened the public hearing. Tom O'Connell, retired Post Master of Kent, said Drainage District No. 2 would not be enhanced by this project and that the assessment is unfair. The City Attorney reiterated that this hearing is to determine whether or not to form the LID and that there will be a hearing regarding the assessment amounts at a later date. Albert Lee, 23955 58th Court South, questioned why just a few property owners should pay for other people to use the road, and added that he feels extending expired environmental mitigation agreements is unfair. Stacy Long, 23112 59th Place South, asked that the Council keep the community involved and expressed concern about the noise from traffic . Tim Cash, representing Cisco Food Services, 22820 54th Avenue South, said he feels that not all of the specially benefited property owners have been included within the proposed LID boundary, and that it should go down to Meeker Street . Brad Corner stated that staff has been generous with time and effort to keep him informed, that he has received notices and that he is in favor of formation of the LID. Wendy Werner, 23108 50th Avenue South, stated that many homeowners did not attend the informal meeting because of confusion as to the time . She said people have many questions about trees and the noise wall, and would like clarification. 3 Kent City Council Minutes September 17, 2002 STREETS Ann Huckins, 23927 56th Court South, asked about the method of payment and said the traffic mitigation would help businesses, not residents . Hugh Harkins, 4224 S . 216th Place, said the project is no improvement to the residents, will diminish the rural atmosphere, and benefits developers . Fred Thebert, 12315 Munday Loss Road, Buckley, who owns property in the project area, questioned why a public hearing is held when only one person is in favor of the project . He said he is opposed to formation, as it does no good. Thom Youngblood, 23907 67th Place South, representing the Village at James Street Homeowners Association, stated that the agreements were made between the City of Kent and developers, not between the City and the property owners . Ted Kogita, 2527 Reith Road, said the City plans meetings in a way to divide people, and there is nothing they can do. Steve Kane, 23212 54th Avenue South, asked whether mitigation factors such as the noise wall, lights, and traffic control should be finalized before determining the assessment amount . Lois Nelson, 23518 54th Avenue South, said she feels insecure and worried about what will happen in the future. Joe Heltzel, 5109 S . 232nd Street, President of the Cypress Cove Homeowners Association, said they are opposed to the project and questioned what would happen if the Council votes not to form the LID. Michelle Hanson, 5827 S . 2318t, said she was not aware that the City was looking for numbers and that she needs advance notice in order to attend meetings, and that the fact that someone is not physically at the meeting does not mean they support or do not support the project . Chris Jensen, 21419 114th Place SE, owner of a small business on S . 228t", asked whether the economic impact has been considered, noting that he feels the assessment is too high. Doug Gesler, 8707 S . 258th Place, spoke in favor of the LID, noting that there is a big traffic problem in the area. Debra Laudadio, resident of the James Street Condominiums, 6611 S . 238th Place #J107, urged people to read their home owners information and said that deals are made with contractors . Ted Kogita, speaking for property owner Pete Lopez, said his property is being taken away and yet he is being assessed for the road. Lopez questioned why long time residents are being assessed, and asked if everyone is being assessed the same amount . Brigitte Borgette, representing Mr. Diaz ' s 4 Kent City Council Minutes September 17, 2002 STREETS brother-in-law and sister-in-law, asked the Council to consider the property owners who will be affected. She noted that many are elderly and on fixed incomes, and that this process is intimidating and overwhelming for them. There were no further comments from the audience and WOODS MOVED to close the public hearing. Orr seconded and the motion carried. Staff then addressed the speaker' s questions, as well as questions from Council members . ORR MOVED to approve the formation of a Local Improvement District, LID 353 , for the construction of the So. 228th Street Corridor project, including related improvements and to direct the City Attorney to draft the necessary ordinance for the October 1st City Council meeting. Woods seconded. Orr noted that in the past, assessments have been changed if information not available at the beginning of the process is found. She urged property owners in this situation to attend the public hearing regarding the final assessment roll . She said the City is committed to working with the residents to be sure the noise wall is built in the most effective way possible, and that the City' s process has been very open and public for well over fifteen years . Her motion then carried. (BIDS - ITEM 8A) (CFN-171) S. 196th Street Corridor Landscaping Improvement. The bid opening was held on September 9t with five bids received. The low bid as submitted by D. L. Asahara Co. , Inc . , in the amount of $70, 782 . 00 . The Engineer' s estimate was $77, 834 . 00 . The Public Works Director recommends award- ing this contract to D. L. Asahara Co. , Inc . WOODS SO MOVED. Peterson seconded and the motion carried. PLANNING (OTHER BUSINESS - ITEM 7B) (CFN-207) Mobile Home Relocation Assistance. On August 19, 2002, the Land Use and Planning Board unanimously recommended adoption of an ordinance relating to mobile home park closures and tenant relocation. The ordinance would require mobile home park owners to submit a relocation 5 Kent City Council Minutes September 17, 2002 PLANNING assistance plan for certification and approval by the Housing & Human Services Manager prior to receiving any other approval decision. Bill Osborne of Planning Services outlined the history of this issue, provided information on requirements in nearby cities, and explained the requirements in the pro- posed ordinance . He noted for Yingling that the owner would receive a Certificate of Completion in approxi- mately 7-10 days . ORR MOVED to approve the Land Use & Planning Board' s recommendation of approval of the Mobile Home Park Closure and Tenant Relocation Assistance Ordinance No. 3614 . Upon Epperly' s question, Martin explained that this work must be completed prior to the eviction notice, and that there is a statutory one-year timeline. Woods seconded and the motion carried. WOODS MOVED to make a letter from Doug Hobkirk a part of the record. Orr seconded and the motion carried. (OTHER BUSINESS - ITEM 7A) (CFN-131) Secure Community Transition Facilities - Zoning Code Amendment ZCA-2002-1 . In 2002 , the State Legislature passed a bill which requires cities to provide for the siting of Secure Community Transition Facilities by September 1, 2002 . If the City takes no action to provide sites for these facilities, the legislation provides DSHS the right to preempt the City' s existing land use code and, if it so elects, site the facility in any appropriate location in Kent . On July 22, 2002 , the Land Use & Planning Board recommended no change to existing Kent City Code regulations relating to the siting of secure community transition facilities . The Public Safety Committee considered the issue on September 16, 2002 . Charlene Anderson, Planning Manager, explained that the LUPB recommendation means that an application received today would be classified as a Class 3 Group Home and would be able to locate in most commercial and office districts . She added that two sites would meet the criteria, both of which are on the north side of the 6 Kent City Council Minutes September 17, 2002 PLANNING city. Anderson referred to letters from the Department of Corrections and the Department of Social and Health Services, among others, which indicate that the number of sites is probably not adequate and that the 1000 ' buffer would be more restrictive . She explained that this means there is a possibility for state preemption of local regulations . She pointed out that the Planning staff recommends the GWC zone, and noted that the ordinance in the packet reflects that recommendation. Anderson then pointed out four very minor changes from what the Land Use and Planning Board had previously reviewed, and noted that these are in an amended version of the ordinance . Regarding the proposed change from a maximum of 18 residents to a maximum of 3 residents, Anderson noted that it is not economically feasible for the state to operate a 3-bed facility. She noted that there may be a limited appeal process if the state decides to preempt . Upon Peterson' s question, Brubaker explained the appeal process, noting that it is definitely a risk. He noted that the language in the ordinance distributed at com- mittee yesterday is middle ground language and might discourage agencies from attempting to locate in Kent because of the pitfalls the ordinance poses as opposed to siting in another city which has chosen to do nothing or has chosen a framework that gives them sites to look at . He added that by setting a three bed maximum unless other facilities are created elsewhere in the county, that the agencies may preempt, and that there are no good answers to this question for anyone. Martin clarified that the action from the Public Safety Committee was to accept the recommendation creating a framework where a couple of sites may be available, with the additional language having to do with a 3-bed maximum, and said staff feels that is a reasonable risk. Upon Peterson' s question, it was clarified that the intent is for three offender residents, and Brubaker suggested adding the words "excluding resident staff" . WOODS MOVED to approve the staff recommendation passed out of the Public Safety Committee on September 16, with the language provided on page four of the handout with 7 Kent City Council Minutes September 17, 2002 PLANNING the changes expressed by Council member Peterson, the City Attorney and the Planning Manager (Ordinance No. 3615) . Orr seconded. Woods reiterated that there is no solution which will be agreeable and that the consequences will have to be considered when they come up. Orr stated that fulfilling the minimum requirements is the best way to deal with this situation. The motion then carried. PARKS, RECREATION AND COMMUNITY SERVICES (CONSENT CALENDAR - ITEM 6C) (CFN-118) East Hill Youth Sports Complex Budget Transfer. Approval to transfer $50, 000 from the Youth/Teen Capital account and amend the East Hill Youth Sports Complex budget to purchase athletic equipment . The grant funds are for soccer goals, bases, bleachers, speakers and other equipment for the sports complex. (OTHER BUSINESS - ITEM 7C) (CFN-118) 2002 King County Arts Commission Sustained Support Grant. The King County Arts Commission has awarded the Kent Arts Commission a Sustained Support Grant in the amount of $12 , 000 . 00 for the first year of 2002-2003 grant cycle . Funds will support programs such as Kent Kid' s Arts Day, Kent Summer Concert Series and Spotlight Series perfor- mances . Ronda Billerbeck, Cultural Programs Manager, explained that the funding comes from hotel-motel taxes and supplements the Parks Department ' s ability to provide arts and cultural programming for the citizens of Kent . WOODS MOVED to accept the $12 , 000 grant from the King County Arts Commission 2002 Sustained Support Program and amend the Kent Arts Commission' s budget accordingly, as recommended by the Parks Committee. Epperly seconded. White objected to taking this money. He said it is a matter of priorities and that the arts are a lower priority than public safety or human services, where the money could be better spent . Woods suggested that White lobby the State legislature, and encouraged the Kent Arts Commission to continue to apply for grant funding. Peterson and Yingling expressed agreement with Woods . The motion then carried with White opposed. 8 Kent City Council Minutes September 17, 2002 FINANCE (PUBLIC HEARINGS - ITEM 5A) (CFN-186) 2003 Budget - First Hearing. This is the first public hearing on the 2003 budget . The second hearing is scheduled for November 19, 2002 , at the regular Council meeting. Mayor White opened the public hearing. Upon questions from Sandy Amodt, 22623 141Bt Avenue SE, the Mayor noted that the purpose of this hearing is to receive input, the budget book will be presented at the Council workshop on November 5, and a second public hearing will be held after that date . There were no further comments from the audience and WOODS MOVED to close the public hearing. Orr seconded and the motion carried. (PUBLIC HEARINGS - ITEM 5B) (CFN-775) 2003-2008 Capital Improvement Plan. This is the first public hearing on the 2003-2008 Capital Improvement Plan. The Plan includes all capital expenditures for the next six years, as described in the Comprehensive Plan. The second public hearing is scheduled for November 19 . Mayor White opened the public hearing. There were no comments from the audience and WOODS MOVED to close the public hearing. Orr seconded and the motion carried. (CONSENT CALENDAR - ITEM 6B) (CFN-104) Payment of Bills. Approval of payment of the bills received through August 30, 2002 and paid on August 30, 2002 after auditing by the Operations Committee on September 3 , 2002 . Approval of checks issued for vouchers : Date Check Numbers Amount 8/30/02 Wire Transfers 1245-1255 $1, 075, 462 . 62 08/30/02 Prepays 537865 $1, 354, 493 . 88 08/30/02 & Regulars 538429 $2, 368, 140 . 59 $4, 798, 097 . 09 9 Kent City Council Minutes September 17, 2002 COUNCIL (CONSENT CALENDAR - ITEM 6E) (CFN-198) (ADDED BY COUNCIL PRESIDENT WOODS) Excused Absence. Approval of an excused absence from tonight ' s meeting for Council member Clark, who was unable to attend. REPORTS Planning Committee. Orr noted that the next meeting will be held at 3 : 00 p.m. on October 15th. (CFN-198) Administrative Reports. Martin noted that there would be an executive session of approximately twenty minutes, that five items relating to labor negotiations and pro- perty acquisition would be discussed, and that action is anticipated on two of the items . (CFN-198) RIVERBEND GOLF COURSE (CONTINUED COMMUNICATIONS - ITEM 11A) (CFN-118) Riverbend Golf Course. Robert O'Brien, 1131 Seattle Street, said he had requested a profit and loss state- ment, and that it shows a net profit of 24 . 7%. He said 12 . 7% of the total number of golf rounds were compli- mentary, and asked whether the golf pros who are working now for PGM are in conflict with policy. Ted Kogita thanked Council member Woods for opening the doors which were closed to citizens when Parks Director Hodgson cancelled all meetings regarding the retail golf store. He said that during a meeting with City accountants, it was noted that a profit and loss statement is not a requirement, but that he had re- quested a profit and loss statement and still has not received it . Mayor White explained that Mr. Kogita and Mr. O'Brien would get the same reports that the State of Washington and the auditor get . He added for Kogita that the amount of staff time taken up by his inquiries cost taxpayers thousands of dollars . Parks Director Hodgson noted that golf course staff have spent a great deal of time with Mr. Kogita, and that Mr. Kogita and Mr. O'Brien have repeatedly shown up unexpectedly. He said they cannot expect to walk in and get their questions addressed, and that it is affecting 10 Kent City Council Minutes September 17, 2002 RIVERBEND GOLF COURSE the employees ' ability to get business taken care of . He said that if they want a meeting, they should call first . He noted for Mr. O'Brien that the state mandated audit- ing requirements have always been followed, and that Mr. O 'Brien had been told he would receive a profit and loss statement as it is reported monthly, whether that is how he wants it done or not . He added that the golf course has been scrutinized by the state auditor more than any other element of city government . Hodgson explained the staffing situation at the pro shop, and why the City is not getting short-changed by providing complimentary rounds of golf . He stated that the golf course is one of the best in the state, but that some people in the community cannot see that . Mayor White said that when those individuals show up unannounced, they should be sent away, and that enough of the tax- payers money has been spent . Yingling stated that John Hodgson runs the best Parks Department in the state, if not the nation, is one of the best Parks Directors around, and is one of the most honest people he knows . Orr agreed and said it is wrong that Mr. Hodgson must repeatedly defend himself . EXECUTIVE SESSION The meeting recessed to Executive Session at 9 : 55 p.m. and reconvened at 10 : 18 p.m. The following action on Labor Negotiations and Property Acquisition was then taken. (CFN-198) LABOR NEGOTIATIONS Kent Police Officers Association - Captains and Lieutenants Collective Bargaining Agreement. EPPERLY MOVED that Council authorize the Mayor to sign a three- year collective bargaining agreement with the Kent Police Officers Association, Captains and Lieutenants Unit, effective January 1, 2003 to December 31, 2005, subject to approval as to form by the City Attorney' s Office. Peterson seconded and the motion carried. (CFN-122) PROPERTY ACQUISITION Mead Property. WOODS MOVED to accept the Mead Property donation, and to authorize the Mayor to execute any 11 Kent City Council Minutes September 17, 2002 PROPERTY ACQUISITION and all documents necessary to close the land transaction upon review by the City Attorney, and to appropriate closing costs from the Park Land Acquisition account . Peterson seconded and the motion carried. (CFN-239) Clasen Property. WOODS MOVED to authorize the Mayor to enter into a Purchase and Sale Agreement for an amount not to exceed $62 , 500 for the Clasen Property, 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 $62, 500 plus feasibility and closing costs from the Park Land/Clasen Property Acquisition accounts . Peterson seconded and the motion carried. (CFN-239) ADJOURNMENT At 10 :20 p.m. , WOODS MOVED to adjourn. Peterson seconded and the motion carried. (CFN-198) Brenda Jacobe CMC City Clerk 12