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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 08/15/2006 • Kent City Council Meeting KEN T August 15, 2006 WASHINGTON A regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor Cooke. Councilmembers present Clark, Harmon, O'Brien, Ranmger, Raplee, Thomas and Watson (CFN-198) CHANGES TO AGENDA A From Council, Administration, or Staff. (CFN-198) CAO Hodgson removed Consent Calendar Item L, Muth Property Statutory Warranty Deed and Temporary Construction Easement Agreement, from the agenda and noted it will appear on the agenda of September 5. He also added Other Business Item B, a Resolution relating to the Kent Events Center B. From the Public. (CFN-198) At the request of Martin Plys, Continued Communications Item 10A relating to the clean-up of West Hill was added. PUBLIC COMMUNICATIONS A. Public Recognition. (CFN-198) Mayor Cooke congratulated Assistant Fire Chief/ Emergency Manager Dominic Marzano on being appointed to the Regional Homelands Security Subcommittee for Emergency Management. B. Community Events. (CFN-198) Clark noted that there will bean opportunity to vote in November on the regional transportation investment district, and that an informational meeting will be held in Federal Way He said anyone who is interested in attending should contact the Public Works Department. C. Kent Parks Foundation/Starbucks Donation. (CFN-118) Interim Parks Director Hogan explained that the City recently received a neighbor parks grant in the amount of$15,000 from Starbucks for use at Clark Lake Park. Mark Albertson, a member of the Parks Foundation Board, then thanked the Parks Department and presented the check to Mayor Cooke. PUBLIC HEARINGS A Six-Year Transportation Improvement Plan. (CFN-164) The City is required to update the Six-Year Transportation Improvement Plan each year. The proposed resolution will approve the 2007-2012 Plan. Transportation Engineering Manager Mullen outlined the plan, highlighting the newly added items and changes, and answered questions from Council members relating to projects on Kent- Kangley Road, West Valley Highway. and Meeker Street. Mayor Cooke opened the public hearing. Paul Morford, P. O. Box 6345, Kent, spoke about traffic back-ups at the Willis Street off-ramp and the lack of ambulance access to North Park, and said those should be on the Six Year Plan. RAPLEE MOVED to close the public hearing. Harmon seconded and the motion carried. 1 Kent City Council Minutes August 15, 2006 RAPLEE MOVED to adopt Resolution No. 1729 adopting the City's 2007 through 2012 Six- Year Transportation Improvement Plan. Harmon seconded. Clark clarified that funds are available only for projects in the first two years of the plan, and that other agencies must participate in some projects. Upon a question from Ranniger regarding timing, Mullen noted that the Plan can be amended at any time, and that project-specific impacts can be mitigated. Mullen explained for O'Brien what has been done in the North Park area,noting that emergency responders are confident they can get and out of the area. Harmon called for the question and the motion earned. B Critical Areas Regulations Amendments. (CFN-961) This date has been set for a public hearing on amendments to the Critical Areas Ordinance, in response to the decision of the Growth Management Hearings Board that the City's CAO does not comply with the Growth Management Act RANNIGER MOVED to add the word"wetland"before biologist in Section 11.06.600 C.2 on page 15 of the proposed ordinance. Harmon seconded and the motion carried. CLARK MOVED to make letters from Mary J. Roberts, Fonda Rae Zimmerman, Andy McMillan, and Clint Tullis a part of the record. Raplee seconded and the motion carried. Mike Mactutis, Environmental Engineering Manager, gave a recap of the issue and explained revisions to the wetland rating system, wetland buffers and ratios, habitat corridors, accidentally created wetlands and definitions. Mayor Cooke opened the public hearing The City Attorney clarified that this hearing is not about any particular project and that comments regarding the critical areas ordinance and amendments only should be made. Ted Nixon said it is his under- standing that any appeal to the SEPA determination would not come before the City Council, only the Hearing Examiner, and any appeal before the Hearing Examiner would be to Superior Court. The City Attorney agreed that is true about SEPA issues, but not about the plat application currently on file, and that speakers should address the issue in terms of regional impact, not on a proposed plat Maxine Kessltng, 15241 NE 153`d Street, Woodinville, opined that the Department of Ecology and the Hearings Board should have supported the City, and that the City should not have yielded to the Department of Ecology. David DeVore, 12633 SE 270th Street, stated that because of approvals of buildings in the area, his property has been flooded and recommended adding "Any permit or land-use approvals, including reasonable use determinations, shall reflect the value of private property lost or diminished from artificial wetlands"to the ordinance Leonard Bauer, Community Trade and Economic Development, explained that their goal has been to help the City adopt an ordinance which retains flexibility to help retain opportunities for economic development, housing and other goals and to provide for science-based protections of the City's wetlands and the functions they provide. He opined that the proposed ordinance meets these two goals. Richard Robahm, State Department of Ecology, explained how the rating system was developed and noted that it is now function-based Ted Nixon, 911 E. Temperance Street, said the proposed ordinance is not balanced, logical, fair or consistent. He provided the City Clerk with a list of four recommendations for the Council to consider Bill Floten, 8668 Island Drive South, Seattle, spoke about avoidance and suggested there might be greater value in looking at a whole proposal Sally McDonough, 26441 137th Avenue SE, spoke in favor of the proposed ordinance. Clint Tullis, 16300 184`h Avenue SE, Renton, talked about a ditch which was turned ninety degrees and now gets plugged and backs up. He asked the Council not to vote on this issue tonight Paul Morford, P. O. Box 6345, Kent, urged the Council not to change the existing ordinance because there is no data showing 2 Kent City Council Minutes August 15, 2006 anything is wrong with it. He provided an article regarding the Supreme Court ruling against excessive regulation, which WATSON MOVED to make a part of the record, as well as Mr. DeVore's acket of information. Thomas seconded and the motion earned. Bill Dmsdale, 13700 SE 266t , said this is an attempt to modify regulations which have been in place as the community developed in order to reverse the process which happens when an urban area develops, and that that will be fruitless Mike O'Neill, 26459 137th Avenue SE, spoke in opposition to the proposed ordinance due to the taking of property, but said he also wants to protect the wetlands Brian McDonough, 26441 137th Avenue SE, said the growing population must be addressed and spoke in favor of the ordinance. Upon his question, the City Attorney explained the history of the issue and the appeal process. John Welch, 11405 SE 196th, said this issue is not about environmental issues,but about muscle. He asked the City to oppose the State. Kathryn Sheldon, 23215 113th Place SE, spoke in support of the proposed ordinance and urged that the appeal be dropped HARMON MOVED to close the public hearing Clark seconded and the motion carved THOMAS MOVED to make the letter from Maxine Keeslmg and the recommendations submitted by Ted Nixon to the record. Ranmger seconded and the motion carved HARMON MOVED to adopt Ordinance No. 3805 as amended, which amends Chapter 1106 of the Kent City Code, entitled"Critical Areas" and to adopt Resolution No. 1730 which repeals the Habitat Protection and Restoration Plan adopted by Resolution No 1698 Ranmger seconded. Upon Hannon's question, Public Works Director Blanchard explained that the Public Works Department has applied for or received approximately$23,000,000 in grants from various agencies, which are in various stages and are at risk. O'Brien said he thinks between 200 and 500 lots would be lost because of the increased buffer area Harmon called for the question and upon a roll call vote, the motion to adopt Ordinance No. 3805 earned with Clark, Harmon, Ranmger and Watson in favor, and O'Brien, Raplee and Thomas opposed. Upon a suggestion from O'Brien, the Mayor asked staff to investigate the possibility of first, second and tlurd readings. C. Commercial Motor Vehicles in Residential Districts, Zoning Code Amendment. (CFN-131) Planning Manager Anderson explained the history of this issue, and noted that most complaints related to noise, visual blight, safety of other vehicles and having a commercial operation in a residential district. She added that several different codes have been used to make determinations in the past, and that the code needs to be clanfied She said the recommendation from the Planning and Economic Development Committee is twofold: 1) that the vehicles not be allowed in SR-1 zoning and 2) that in SR-6 zones or higher, a special home occupation permit would be required She noted that the vehicles would be allowed in SR-3 and SR-4 5 districts She explained the home occupation permit process, and presented photos of commercial vehicles parked in residential districts. Mayor Cooke opened the public hearing. Judith Hanford, 24736 136th Avenue SE, said that the vehicles are a public hazard, that the property rights of neighbors are impinged, and that commercial businesses should not be subsidized by providing parking for their trucks. Dick Kromck, 23307 98th Avenue South, said the ordinance should provide that trucks be set back 50 feet from the sidewalk on private property, on pavement, and that oil must be collected. 3 Kent City Council Minutes August 15, 2006 Tom Sham, P O. Box 918, Maple Valley, spoke in support of the ordinance as a start, and said if it doesn't work, the trucks should be banned outright Jerry Sanders, 23102 1121h Place SE, provided a photograph of his 24.5 foot box truck, and spoke in favor of parking trucks in residential districts as long as they are on private property. A brief discussion of the length and definition of commercial motor vehicles was held. Kathryn Sheldon, 23215 1131h Place SE, said that trucks should be parked at the location of the subcontractor, expressed concern about the disposal of oil and fluids, and suggested reviewing the length of vehicles before making a decision. Michael Harris, 12236 SE 259`h Place, said plats are not designed for commercial truck parking, maintenance and repair It was noted that some of the existing restrictions are not being enforced CLARK MOVED to make the photographs and plat map part of the public record Thomas seconded and the motion carried. HARMON MOVED to close the public hearing. Clark seconded and the motion carried. HARMON MOVED to approve the Planning and Economic Development Committee's recommendation of approval of an amendment to the Kent Zoning Code to prohibit commercial motor vehicles in residential districts with a comprehensive plan land use designation of Urban Separator and a zoning designation of SR-1 and to direct the City Attorney to prepare the necessary ordinance. Raplee seconded. Harmon explained his reasons for making the motion and urged the Councilmembers to support it. It was clarified that the definitions of motor vehicles and commercial motor vehicles are to remain as is WATSON MOVED to make emails from Roberto Garcia, Timothy Valvoda, David and Cathy D'Ambrosio, and Dennis D'Ambrosio be made part of the record. Ranniger seconded and the motion carved with O'Brien opposed. After comments from Councilmembers, Harmon called for the question and the motion directing the City Attorney to prepare an ordinance carried CLARK MOVED that the home occupation issue be referred to the Planning and Economic O Development Committee for reconsideration at their August 23 meeting and that it be forwarded [j O to the City Council meeting of September 19. Thomas seconded O'Brien said some excellent o: suggestions had been made during the public hearing Harmon called for the question and the motion carried. t C7 CONSENT CALENDAR t RANNIGER MOVED to approve Consent Calendar Items A through O, with the exception of vw Item L which was removed from the agenda. Clark seconded and the motion carried. w F.- OZD A. Approval of Minutes. (CFN-198) The minutes of the regular Council meeting of August 1, C 2006 were approved. B Approval of Bills. (CFN-104) Payment of the bills received through July 15 and paid on July 31 after auditing by the Operations Committee on August 1, 2006 were approved. Approval of checks issued for vouchers: Date Check Numbers Amount 7/31/06 Wire Transfers 2514-2529 $1,289,197.67 7/31/06 PrePays & Regular 596793-597438 4,804,290 13 Use Tax Payable 73302 $6,094,220 82 4 Kent City Council Minutes August 15, 2006 Approval of checks issued for payroll for July 1 through July 15 and paid on July 20, 2006: Date Check Numbers Amount 7/20/06 Checks 291920-292252 $ 258,101.21 7/20/06 Advices 199284-199980 1,299,09125 Total Regular Payroll $1,557,192 46 C. Washington State Military Department Grant Agreement. (CFN-122) The Mayor was authorized to sign an agreement with the Washington State Military Department and accept a reimbursable grant not to exceed $95,300 to be used for the purchase and implementation of WebEOC software. D. Correctional Facility Control System Replacement Agreement. (CFN-122) The Mayor was authorized to enter into an agreement with ECS hmovative Solutions to furnish and install Correctional Facility Control System Replacement in the amount of$270,207, upon final terms and conditions acceptable to the City Attorney's Office. E Kidde Fire Trainers Lease Agreement Renewal. (CFN-122) The Mayor was authorized to sign the renewal facility space Lease Agreement with Kidde Fire Trainers, which has been changed from a yearly lease to a month-to-month lease F. Local Trial Court Improvement Account, Municipal Judge Salary Adjustment. (CFN-983) Staff was directed to participate in the Local Trial Court Improvement Account program offered through the State of Washington and amend the 2006 budget to increase the elected municipal judge salaries to $9,950 per month, beginning September 1, 2006 This will allow the City to become eligible for additional municipal court funding once the City increases its municipal judge salaries to no less than 90% of the salary for District Court Judges, as established by the state Salary Commission. G. Hourly Rate Increase for Pro Tem Judges and Magistrates Ordinance. (CFN-983) Ordinance No. 3806 which amends Section 2.34.050 of the Kent City Code, entitled"Municipal Judge Salary—Costs,"to increase the hourly rate paid to pro tem judges and magistrates serving at the Kent Municipal Court was adopted. H. 100th Avenue SE Sewer Main Extension Latecomer Agreement. (CFN-485) The Latecomer Agreement for the 100` Ave SE Sewer Main Extension between the City of Kent and Harry Singh Bapla, including Exhibits A, B, and C was authorized 1. LID 340 Segregation Resolution. (CFN-1156) Resolution No. 1731 which directs the Finance Director to segregate Assessment No. 88 of Local Improvement District (LID) 340 into two assessments was adopted. J. S. 228th Street Green River Bridge Mitigation. (CFN-171) The Mayor was authorized to sign an agreement with King County to design, permit, and construct a riverbank enhancement project near the S. 22S`h Street Green River Bridge upon final terms and conditions acceptable to the City Attorney and the Public Works Director. 5 Kent City Council Minutes August 15, 2006 K Kent Kangley Road at Rock Creek, Structural Report and Recommendations on Bridge. (CFN-1038) The Mayor was authorized to enter into an interim design and repair agreement with King County, not to exceed $75,000, for the repair of the Kent Kangley bridge that crosses Rock Creek, upon final approval of the terms and conditions of the agreement by the City Attorney and the Public Works Director. M. Assessed Booking Fees Appeal Provision Ordinance Amending Kent City Code Chapter 9.34.020. (CFN-122) Ordinance No. 3807 which amends Kent City Code section 9 34 020 of the Kent City Code, entitled "Booking Fee Imposed," in order to add a provision which allows the assessed fee to be appealed was adopted N. Public Housing Safety Initiative Program. (CFN-122) The King County Authority Public Housing Safety Initiative was approved, and the Mayor was authorized to sign the agreement, and establish a budget This agreement follows the signing of a Memorandum of Understanding in November 2005 between twelve agencies with a common goal of significantly reducing violent crime and narcotics activity in three federally-assisted housing communities in the Kent area. Springwood Apartments, Valli Kee Homes and Cascade Apartments Police will staff the complexes with a uniformed Police Officer 26 hours per week and a Community Education Specialist 20 hours per week O. S. 228th Military Road Widening. (CFN-1269) The S. 228th Street Military Road Widening project was accepted as complete and release of retainage was authorized. OTHER BUSINESS A. Garbage Collection Issues. (CFN-110) The City's solid waste collector determined that as many as 7,000 residents may not be signed up for the minimum level of garbage service as required by Kent City Code, and began sending notices to affected residents to sign up or be subject to enforcement. Administration will work with the solid waste collector to send out the remaining notices and to assist residents with meeting the mandatory service requirements. Mike Mactutis, Environmental Engineering Manager, explained that 3,040 letters have been sent out so far, that there have been 600 code enforcement cases related to litter and garbage since 2001, and that there have been I I I this year. He added that clean up costs to the City were $45,423 in 2005. Mactutis then explained the mandatory requirements and the reasons for them, as well as the exemptions that have been given He outlined the area covered by each garbage collector and spoke about code enforcement issues, special regulations for annexations, notifica- tions which have been sent out and future mailing plans. A brief discussion of alternative services such as every-other-week service and mini-cans was then held. David DeVore suggested quarterly service for senior citizens. Joan Baker, 13412 SE 282na asked that consideration be given to those who have a long distance to take their garbage for pick-up Norman Baker, 13412 SE 282"a, said people who pay to take their garbage to the transfer station should not have to pay for garbage service as well. Ranniger suggested that the Public Works Department look at ways to build some flexibility into the ordinance Walter Flue, 1105 E. Seattle Street, said he only needs garbage pickup every two weeks, and suggested looking at the alternative offered in Ocean Shores, who provides plastic bags which can be returned to the City when full. 6 Kent City Council Minutes August 15, 2006 RAPLEE MOVED to recommend that Administration temporarily suspend enforcement of the penalties related to mandatory garbage service within the City of Kent in order for Administration to consider public feedback regarding this issue. Harmon seconded. It was clarified that the decision lies within the Mayor's administrative authority. Raplee suggested postponing the decision until the committee has time to look at alternatives. Harmon called for the question and the motion carried ADDED ITEM B. Kent Events Center. (CFN-1305) CAO Hodgson explained that the proposed resolution authorizes reimbursement of capital expenses and creates the program in the event that the City moves forward on issuing bonds for the Events Center, and authorizes the transfer of$50,000 to keep the project going through September 5, 2006. RANNIGER stated that this is a unique opportunity and that time is of the essence and MOVED to adopt Resolution No. 1732 authonz- ing reimbursement of capital expenditures connected to building the proposed events center from proceeds of future bonds, if the City issues bonds for the events center, and to authorize the Mayor to transfer $50,000 from the Capital Improvements Fund, fund balance, and to establish a project budget for the proposed Kent events center in that amount to cover anticipated due diligence expenditures through to September 5, 2006 Clark seconded and the motion carried. BIDS A. East Seattle Street Water and Sewer Replacement. (CFN-1038) The bid opening for tlus project was held on August 8, 2006, with six bids received. The low bid was submitted by Dickson Company RAPLEE MOVED to award the contract to Dickson Company in the amount of$666,378 78 Harmon seconded and the motion earned. REPORTS Operations Committee. (CFN-198) Clark noted that Ranniger will attend the meeting in his absence. Parks and Human Services Committee. (CFN-198) Ranniger noted that the August meeting has been cancelled, and displayed a copy of the new brochure containing a resource guide to all human services offered in the community. Planning and Economic Development Committee. (CFN-198) Harmon noted that the next meeting will be August 21 at 4:00 p.m , and that they will discuss historical preservation. Public Safety Committee. (CFN-198) Harmon noted that the next meeting will be held on August 22 at 5.00 p.m. Public Works Committee. (CFN-198) Raplee noted that the next meeting will be held at 5 00 p.m on August 21 Administration. (CFN-198) Hodgson noted that property acquisition will not be discussed during the Executive Session and that a 5-10 minute Session relating to pending litigation is necessary,with no action anticipated. 7 Kent City Council Minutes August 15, 2006 CONTINUED COMMUNICATIONS ADDED ITEM A Clean-up of West Hill. (CFN-198) It was noted that Martin Plys is no longer in attendance at the meeting EXECUTIVE SESSION The meeting recessed to Executive Session at 1137 p m , and reconvened at 11:50 p.m. ADJOURNMENT At 11.50 p m , WATSON MOVED to adjourn Thomas seconded and the motion carried. Brenda Jacober, CMC 9 City Clerk 8