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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 06/02/1992 Kent, Washington June 2 , 1992 Regular meeting of the Kent City Council was called to order at 7 : 00 p.m. by Mayor Kelleher. Present: Councilmembers Bennett, Houser, Johnson, Mann, Orr, White and Woods, City Administrator Chow, City Attorney Lubovich, Public Works Director Wickstrom, Planning Director Harris, Fire Chief Angelo, Police Chief Crawford, Human Resources Director Olson, Information Services Director Spang, and Finance Director McCarthy. Parks Director Wilson was not in attendance. Approximately 40 people were at the meeting. PUBLIC Employee of the Month. Mayor Kelleher announced COMMUNICATION that Wayne Himple, Training Coordinator for the Police Department, has been selected as the Employee of the Month for June. He noted that Wayne is one of the most conscientious, con- tributing and productive members of this organ- ization. He further noted that Wayne' s partici- pation in leadership roles in the Statewide Special Olympics, Police Training Officer's Organizations, Torch Run Committees, the City' s Wellness Committee and Safety Committee demon- strate his personal interest in helping his fellow employees and the community. Chief Crawford noted that Wayne almost single- handedly raised over $6, 000 for the Special Olympics. He noted that he has been with the Police Department for 10 years and is an excellent officer. The Mayor presented Himple with the Employee of the Month plaque. CONSENT WOODS MOVED that Consent Calendar Items A through CALENDAR G, with the exception of Item C which was removed at the request of Councilmember Bennett, be approved. Johnson seconded and the motion car- ried. MINUTES (CONSENT CALENDAR - ITEM 3A) Approval of Minutes. Approval of the minutes of the regular Council meeting of May 19, 1992 . 1 June 2 , 1992 WATER (CONSENT CALENDAR - ITEM 3D) Water Service Agreement. AUTHORIZATION for the Mayor to sign an agreement with Covington Water District allowing the construction of a water transmission main across City property, as recom- mended by the Public Works Committee. SEWER (CONSENT CALENDAR - ITEM 3E) Robinson Sewer Extension. ACCEPTANCE of the bill of sale and warranty agreement submitted by Grace Robinson for continuous operation and maintenance of approximately 371 feet of sanitary sewer exten- sion constructed in the vicinity of 94th Avenue So. and So. 232nd Street and release of cash bond after expiration of the one-year maintenance period, as recommended by the Public Works Commit- tee. STREETS (CONSENT CALENDAR - ITEM 3G) Van Doren's Landing - Segregation of Assessments. ADOPTION of Resolution No. 1314 segregating Assessment Numbers 45 and 46 in LID 327 and Reso- lution No. 1315 segregating Assessment Numbers 6, 7 and 8 in LID 330 for the plat of Van Doren' s Landing, as recommended by the Public Works Com- mittee. PUBLIC (CONSENT CALENDAR - ITEM 3F) WORKS Underground Storage Tank Removal and Installation of Above Ground Tank. ACCEPT as complete the con- tract with CECON Construction for the underground storage tank removal project and release of retainage after receipt of releases from the State, as recommended by the Public Works Commit- tee. FINAL (OTHER BUSINESS - ITEM 4C) PLATS Hemlock Acres No. 19 Final Plat No. SU-88-4. This meeting will consider an application for the Hemlock Acres No. 19 Final Plat No. SU-88-4 . The property is approximately 3 . 66 acres in size and is located along the east side of 112th Ave. S .E. , 2 June 2 , 1992 FINAL approximately 650 feet north of S.E. 240th Street. PLATS All conditions of the preliminary plat have been met. There were no comments from the audience and ORR MOVED to approve the staff' s recommended approval of Hemlock Acres No. 19 Final Plat No. SU-88-4 . (OTHER BUSINESS - ITEM 4D) Garrison Heights Final Plat No. SU-89-7. This meeting will consider an application for the Garrison Heights Final Plat No. SU-89-7. The property is approximately 8. 6 acres in size and is located at the southeast corner of the intersec- tion at So. 213th Place and 94th Place So. All conditions of the preliminary plat have been met. There were no comments from the audience and ORR MOVED to approve the staff' s recommended approval for Garrison Heights Final Plat No. SU-89-7 . Woods seconded and the motion carried. SHORELINE (OTHER BUSINESS - ITEM 4E) MASTER Shoreline Master Program Amendments No. SNP-90-1 PROGRAM and No SMP-91-1 (Foster Industrial Park Lot 18) . AMENDMENTS This meeting will consider the recommended adop- tion of the Shoreline Master Program Amendments (SMP-90-1 and SMP-91-1) as recommended by the Planning Committee and as now approved by the Department of Ecology. These items were approved by the City Council at their June 4 and September 3 , 1991 Council meeting by Resolution No. 1295 and Resolution No. 1283 , but needed to also be approved by the Department of Ecology. Ann Watanabe of the Planning Department explained that this is the finalization of some amendments which the Council has previously approved. She noted that the Department of Ecology suggested minor revisions and that staff agreed to them. ORR MOVED to adopt the Shoreline Master Program Amendments No. SMP-90-1 and No. SMP-91-1 which have been approved by the Department of Ecology, as recommended by the Planning Committee, and to direct the City Attorney to prepare the necessary ordinance. Bennett seconded and the motion car- ried. 3 June 2 , 1992 DOWNTOWN (OTHER BUSINESS - ITEM 4F) ZONING Downtown Plan Zoning Program. This meeting will PROGRAM consider the Planning Commission' s recommended approval of the Downtown Plan Zoning Program. The proposal recommends establishing three zoning districts, outlines new development standards for the downtown area, recommends a design review process for new downtown development, modifies parking requirements, design of sidewalks, and lighting of pedestrian corridors. The Planning Commission approved the proposal on February 24, 1992 . Two City Council Workshops were held on March 30 and May 19, 1992 . Fred Satterstrom, Planning Manager, noted that while preserving the core of the downtown, the Zoning Plan strives to concentrate a mix of diverse and high intensity uses in the downtown planning area. He added that it depends upon a design review process to ensure that environmen- tal and public goals that have been adopted by the City will be preserved. He said the plan calls for long term management of parking, and that the plan is consistent with the emerging policy of the Growth Management Act. He encouraged the Council to adopt the recommendation of the Planning Com- mission. ORR MOVED to approve the proposed Downtown Plan Zoning Program (ZCA-90-6) establishing three new zoning districts, outlining new development stan- dards for the downtown area, recommending a design review process for new downtown development and modifying parking requirements, sidewalk design and lighting of pedestrian corridors, as recom- mended by the Planning Commission, with the fol- lowing modifications: 1. Delete the following uses from the proposed Principally Permitted Uses in the DC zone: launderettes, motels, public facilities, business and technical schools, preschools and daycare centers; 4 June 2 , 1992 DOWNTOWN 2 . Delete the use of churches under Special Per- ZONING mit Uses and add the following use: pre- PROGRAM schools and daycare centers limited to a maximum of 12 children with no on-site parking; 3 . Amend the height regulations of the DC zone to permit a maximum building height of four stories; 4 . Amend the proposed zoning map recommended by the Planning Commission to indicate DCE (Down- town Commercial Enterprise) zoning in lieu of MRH (High Density Multifamily) for that area lying along Titus Street, generally between State Street and the Senior Center; and to direct the City Attorney to prepare the necessary ordinance. Woods seconded. Orr noted for White that public facilities include regional and community facilities such as libraries, government office buildings, and parks. She said that she is not advocating removing parks, but that she does not feel things such as libraries and government office buildings belong in the downtown core area, since they are not pedestrian-oriented uses. She clarified for Mann that her modifications did not go through any com- mittees, but were discussed at two workshops. She explained that she is suggesting modifications to the Planning Commission's recommendation. Upon Mann's question, she explained that preschools and daycare centers create traffic problems, and that large daycare facilities would not be beneficial in the core area. Satterstrom stated that staff has been aware of these modifications. He showed the DC zone on a map, noting that it is not very large, approximately 13 acres. The Mayor handed the gavel to Council President Woods and noted that the fact that the DC zone is so limited takes the sting out of these restrictions. He said that his preference would be to make the zoning throughout as unrestrictive as possible. He sug- gested that, as an alternative, it might be possi- ble to allow uses such as launderetts, motels, preschools and so forth, as conditional uses 5 June 2 , 1992 DOWNTOWN rather than outright permitted uses so that there ZONING would be some review process. He explained that PROGRAM downtown will thrive better if economics are good, and economics will be better if more types of uses can be allowed in the downtown area. White pointed out that it is proposed that drive- through windows for banks be excluded in the DC zone, and asked whether they would also be excluded in the DCE zone. Orr explained that drive-through restaurants and businesses would be a conditional use in the DCE zone, and that it is a non-permitted use in DC. White noted that he would prefer that drive-throughs be allowed in both zones, but offered a friendly amendment to allow drive-through businesses under Principally Permitted Uses in DCE. He clarified for Orr that this would not include drive-through restaurants. Orr accepted his friendly amendment, as did Woods. Orr clarified for the Mayor that churches would not be permitted in the DC zone because they would take up too much room in this small area. Orr' s motion, as amended, then carried. FIRE (CONSENT CALENDAR - ITEM 3C) DEPARTMENT REMOVED BY COUNCILMEMBER BENNETT Modification of Warranty Agreement - East Hill Complex. AUTHORIZATION for the Fire Department to enter into a modified agreement on the warranty phase of the East Hill project. Due to outstanding items needing corrective action, the Fire Department has not accepted the East Hill Complex as 100 percent complete. Because of the contractor' s delay in completing the punch list, the time frame of this project has far extended the schedule period. The Fire De- partment is recommending that a review of the building be made. Any problems appearing to be warranty items will be brought to the contractor' s attention. When these items are resolved, this will satisfy the contractual one-year warranty period. If they are unable to complete the war- ranty items in a timely fashion, the City would proceed according to the terms of the contract. 6 June 2 , 1992 FIRE Bennett voiced concern that this project has not DEPARTMENT been finalized, and pointed out that a reputation regarding the cost of doing business in Kent may be developed, whether warranted or not. Fire Chief Angelo noted that a tremendous amount of progress has been made since this last came to Council, but that there are still three major items to be taken care of. He added that the punch list is very close to being completed, at which point the warranty would begin. He noted that they had proposed to provide a list of war- ranty-type items which, once completed, would be free of the typical one year warranty. He noted that continuing problems which would normally come under warranty would be a significant cost to the community. He encouraged the Council to approve the recommendation to end the one year warranty, which would motivate the contractor to complete the list and end his obligation. Bennett moved that Administration work with the Fire Chief in negotiating a final close-out on this project. He noted that he would like to see a final date put on the project. Angelo explained that if Council desires to close the project at this time, it would cost approximately $30, 000 to repair paint, $6, 000 to repair a leak in the roof, and $10, 000 to repair a window. He noted that he has documen- tation indicating that they have been not only thorough, but timely, and have followed up with the contractor in many areas. He indicated that he could not set a date to complete the project. He noted that the City could send the contractor a series of 10-day notices and take them to court if not complied with, but that they are very close to compliance on the major items. He pointed out that June 1st was simply a target date for comple- tion. He said that modification of the warranty agreement would be an enticement for the contrac- tor to complete the items, noting that he has re- tainage tied up and it is in his best interest to finish. MANN MOVED to authorize the Fire Department to enter into a modified agreement on the warranty phase of the East Hill project. White seconded. White stated that he does not want a situation in 7 June 2 , 1992 FIRE this complex like the defective floor in the DEPARTMENT Senior Center. Mann' s motion then carried. Chief Angelo thanked Bennett for his comments and assured him staff will work on his concerns. (OTHER BUSINESS - ITEM 4G) ADDED BY CITY ATTORNEY LUBOVICH Discharge of Fireworks. The Mayor noted that an item regarding adoption of an ordinance which would allow for the discharge of fireworks only on July 4 , 1992 from the hours of 9 : 00 a.m. to 12 : 00 p.m. (midnight) has been added to tonight' s agenda. Fire Chief Angelo explained that King County and several jurisdictions are contemplating restricting the discharge of fireworks since the risk of fire is higher this year than in any pre- vious years due to the low moisture content in vegetation. He added that by limiting the dis- charge to certain times, staff could be upgraded during that period. City Attorney Lubovich stated that the City has adopted the State Fireworks Law which provides for the sale and distribution of fireworks between June 28 and July 6, and that the same law allows the City to be more restrictive. He said the pro- posed ordinance would allow discharge on July 4th only, from 9 : 00 a.m. to midnight, and that it does not affect the sale or ownership of fireworks between June 28 through July 6, so as not to affect the inventory of suppliers. He added that a misdemeanor penalty is included in the ordi- nance, which is required by state law, and that the ordinance would be in effect only until the end of July when the State provisions would sup- plant this ordinance. He noted that this is an emergency ordinance which would become effective immediately, and that an emergency ordinance would require at least five votes of the Council. Mann noted that the Public Safety Committee feels it is very important that information is made available to the public immediately if this ordi- nance is passed. HE MOVED that Ordinance No. 3045 relating to the discharge of fireworks within the City be adopted. Houser seconded. Upon White ' s question, Angelo noted that the amount of loss 8 June 2 , 1992 FIRE varies from year to year and includes vegetation, DEPARTMENT yards, apartments catching on fire periodically, burns, injuries and grass fires. White noted that he has not seen anything to document loss due to fireworks, and Angelo explained that because people buy in one area and transport to another, it is tracked at the County level. He noted for the Mayor that every year there are grass fires, tree fires, small fires on roofs, and many com- plaints regarding the noise. He added that many jurisdictions are considering the same action for this year only, and that Fire Department personnel will be passing out flyers at fireworks stands and providing public information to the newspapers and so forth. The motion then carried with White opposed. The Mayor stated that he will not sign the ordinance and may veto it. PARKS & (OTHER BUSINESS - ITEM 4A) RECREATION Performing Arts Center Task Force Cultural Center Development Strategy Timeline and Goals. Mayor Kelleher noted that some Councilmembers had re- quested that this item be referred back to the Operations Committee. There was no objection from the Council and it was so ordered. (OTHER BUSINESS - ITEM 4B) Donation. The Kent Chamber of Commerce Foundation will contribute $5, 000 to the Canterbury Faire in 1992 , and staff requests that Council accept the donation. JOHNSON SO MOVED. Houser seconded and the motion carried. FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Bills. Approval of payment of the bills received through May 29, 1992 after auditing by the Operations Committee at its meeting at 4 : 00 p.m. on June 1, 1992 . 9 June 2 , 1992 FINANCE Approval of checks issued for vouchers• Date Check Numbers Amount 5/16-5/29/92 118610-119068 $1, 173 , 905.89 Approval of checks issued for payroll• Date Check Numbers Amount 6/5/92 01172985-01173571 $ 463 ,730. 26 ADJOURNMENT The meeting adjourned at 8 : 00 p.m. Brenda Jacobor, CMC City Clerk -1 10