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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 12/15/1980 Kent, Washington December 15, 1980 Regular meeting of the Kent City Council was called to order at 8: 00 o 'clock p.m. by Mayor Hogan. Present: Mayor Hogan, Council- persons Bailey, Hamilton, B. Johnson, J. Johnson, Masters, McCaughan and Mooney, City Administrator Cushing, City Attorney Mirk, Planning Director Harris, Public Works Director Wickstrom and Finance Director McCarthy. Also present: Administrative Assistant Webby, Parks Direc- tor Wilson, Police Chief Skewes, Planning Commissioner Leahy, and URS representative Abed. Approximately 50 people were in attendance at the meeting. CONSENT McCAUGHAN MOVED that the Consent Calendar Items A CALENDAR through L be approved with the exception of Item G which was removed at the request of Administration, Hamilton seconded. Motion carried. It was noted that Item G, the Ordinance for Washington Natural Gas Franchise, was not ready as yet. MINUTES (CONSENT CALENDAR ITEM 5A) Approval of Minutes . APPROVAL of the minutes of the regular meeting of December 1, 1980. HEALTH & LID 295 - 104th Place S .E. Sewers (S .E. 224th - S .E. SANITATION 222nd) Final Assessment Roll Confirmation. This date has been set for the public hearing on the Final Assessment Roll for LID 295 . Public Works Director Wickstrom described the project consisting of sani- tary sewer improvements on 104th Place S .E. , north of S .E. 224th Street. He noted that originally the cost had been estimated at $105, 000, but that favor- able bids and conditions had resulted in the total of $51,463 .00 for the Final Assessment Roll. The public hearing was opened by the Mayor. There were no comments from the audience and no correspond- ence has been received. MOONEY MOVED that the hearing be closed, B. Johnson seconded. Motion carried . B. JOHNSON MOVED that the Final Assessment Roll for LID 295 be confirmed and that the City Attorney be directed to draft the required ordinance, Mooney seconded. Motion carried. (CONSENT CALENDAR ITEM 5I) Water and Sewer Financial Study. APPROVAL of the - 1 - December 15, 1980 HEALTH & request of Brown and Caldwell for an increase in the SANITATION amount of their agreement for the Water and Sewer Financial Study from $45, 800 to $48,637. The reason for the $2, 837 increase is that additional informa- tion has been requested of them in conjunction with this study. The Public Works Director and Public Works Committee have reviewed the request and it has been determined that the additional information requested would increase the scope of the project and approval is therefore recommended. GARBAGE Solid Waste Incineration/Energy Recovery System. RECYCLING A letter was presented by Jerry Ulett on behalf of the Widjac Corporation in response to a request from the Public Works Committee at their December 10, 1980 meeting. McCAUGHAN MOVED that the letter be accepted, Masters seconded. Motion carried. Bailey reported that the Committee representing Kent and King County studying this proposal had adjourned their meetings to January and it was expected that a report would be furnished to the Council after that time. WATER (CONSENT CALENDAR ITEM 5D) LID 303 - S.E. 270th Water Mains (124th S.E. to 118th P1. S.E. ) ADOPTION of Ordinance No. 2261 accepting the offer of Peoples National Bank for interim financ- ing at 10. 24% for LID 303. (CONSENT CALENDAR ITEM 5L) Water Quality Management Program. ACCEPTANCE of the grant award for a Water Quality Study Management Pro- gram for the City of Kent. The City has been notified of being among the finalists to receive a grant award and the program was presented and approved by the Pub- lic Works Committee on December 10, 1980. STREETS (CONSENT CALENDAR ITEM 5C) LID 291 - Improvement of S. 196th Street (WVH to Russell Road. ADOPTION of Ordinance No. 2260 accept- ing the offer of Peoples National Bank for interim financing at 10. 24% for LID 291. (CONSENT CALENDAR ITEM 5J) v LID 291 - S . 196th Street Improvement (Russell Road to WVH) Phase II. URS has submitted a proposal for - 2 - December 15, 1980 STREETS the preparation of the plans, specifications and contract documents for the second phase of LID 291 at a cost estimate of $23, 000. This brings the total engineering costs for the project to $114, 000. The Public Works Committee has reviewed the proposal and recomends AUTHORIZATION for URS to proceed. (CONSENT CALENDAR ITEM 5K) West Meeker Street Improvement - City/State Agreement. AUTHORIZATION for the Mayor to sign the agreement necessary for the project. In anticipation of con- structing the realigned SR 516, the State had set aside $112, 000 for the refurbishing of West Meeker Street prior to their turning it over to the City. The City is presently putting together a financial package for a five-lane facility. This money could be used for said proposed project. As a condition of the agreement, the State would not do any capital improvement to West Meeker Street for the next ten years unless the SR 516 realignment project is offici- ally dropped from the State plans . If this were the case, the State would assume the responsibility for West Meeker. it is necessary for the State to commit to this agreement prior to January 1, 1981 and the Public Works Director recommends authorization. (CONSENT CALENDAR ITEM 5H) City/County Agreement - Pavement Marking Demonstra- tion Program - Central. AUTHORIZATION for the Mayor to execute the amendment to the City/County Agreement for the Pavement Marking Demonstration Program cover- ing a change in Federal Highway Administration policy under which they will no longer reimburse for indirect engineering costs. Inasmuch as this new policy is not reflected in the original agreement for this project, the Public Works Director recommends the Mayor be authorized to execute the agreement. Ii West Meeker Street Improvement and Master Signal Control Computer - FAUS Funding. Mayor Hogan noted that although formal notification has not been received as yet the city has been informed that the - funding for the two projects will not be received at 3 - December 15, 1980 STREETS this time due to the fact that the funds were used for other projects which the State had held over for lack of funding. These two projects will not be eligible for funding until August. Mooney noted that while the street work and the computer program will not be funded until August, the Public Works Committee felt that they should proceed with the drainage project on West Meeker at this time and the five lane project would be held over until funding is received in August. TRAFFIC (CONSENT CALENDAR ITEM 5E) CONTROL Traffic Safety Committee. APPROVAL of the recommenda- tion of Chief Skewes for the formation of a Traffic Safety Committee as presented at the December 8, 1980 work session. The Committee would consist of the Mayor, Chief of Police, Director of Public Works or City Traffic Engineer, Chairperson of the Council Public Safety Committee and three (3) members of the community. The purpose of the committee would be to study the Highway Safety Program Analysis Report and to report back to the City Council in 90 days as to whether the Traffic Safety Committee should continue its function with the approval of the Council. TRANSPORTATION Long Range Transportation System Study. Mayor Hogan STUDY referred to a letter received from Mayor Shinpoch of Renton regarding a meeting scheduled for December 23, 1980 at 10: 00 o 'clock a.m. in the Fourth Floor Conference Room of the Kent City Hall with regard to the development of a long-range transportation system study for the purpose of developing a long-range transportation plan. Renton is requesting that the City send representatives who are involved in land use, traffic engineering and transportation planning. Mooney pointed out that Bowen Scarff of the Chamber of Commerce has coordinated a similar meeting for Tuesday, December 16, 1980 at 10: 00 o ' clock a.m. in the Kent News Journal Building. RAILROAD Rumble Strips . Hamilton referred to a memo which had CROSSINGS been received from Public Works Director Wickstrom stating that the Traffic Engineer had completed a - 4 - December 15, 1980 RAILROAD study of the Union Pacific Railroad Crossings and CROSSINGS that rumble strips would be installed at the cross- ings at James Street, Smith Street, S. 228th Street and S . 212th Street. REZONE Oakhurst Development Rezone Request (RZ-80-4) . It is proposed that the Council accept the recommenda- tion of the Hearing Examiner Pro Tem to approve with conditions the Oakhurst Development Rezone con- sisting of 4. 2 acres from R1-9.6 (Single Family Resi- dential) to MR-G (Garden Density Multi-Family. ) The property is located west of 116th Avenue S.E. , approxi- mately 300 feet south of S .E. 256th. The conditions are noted in the Hearing Examiner Pro Tem ' s Findings issued October 8, 1980 and in the amendment to the Findings issued November 5, 1980, copies of which are on file and have been distributed. McCaughan noted that he wished to discuss the matter further and referred to the fact that other requests for rezones in this area have been turned down in the past due to the impact on traffic, sewer and water availability, and police and fire protection. He noted that it was his impression that the Council was going to hold off any rezones in this area until the East Hill Plan was completed and that he was therefore not in favor of approving the rezone at this time. It was noted by Mayor Hogan that the Planning Department had recommended denial but that the Hearing Examiner Pro Tem had recommended accept- ance with conditions as stated. Bailey stated that he understood that the Hearing Examiner Pro Tem had agreed during the course of the hearing to consult with members of staff, including the Engineering Department, Police Department and Fire Department, and report on their findings, and that such a report was in fact not part of the Hearing Examiner 's record and whether this possibly constituted an error in procedure. It was determined that a letter/petition containing 29 signatures protesting the rezone had been delivered to the Clerk ' s office this afternoon and has been filed as part of the record. Mirk stated that he could recall nothing in the minutes that reflected that the Hearing Examiner Pro Tem was to consult with - 5 - December 15, 1980 REZONE members of staff but that if there was a question the Hearing Examiner Pro Tem should be contacted. MOONEY MOVED that the matter be tabled until Janu- ary 5, 1981 to allow the City Attorney an opportunity to review the tape of the hearing with the Hearing Examiner Pro Tem, McCaughan seconded. Motion carried. ZONING Amendments. The Director of Public Works requests that CODE the Council direct the Planning Commission to review and make their recommendations at their next regularly scheduled meeting on the proposed amendment to the Zoning Code which would exempt public utilities from the requirements under the present Zoning Code. The Public Works and Planning Committee has reviewed the request and it is their recommendation that the amend- ment to the Zoning Code be considered. MASTERS MOVED that the Planning Commission review this request and make their recommendation at their next regularly scheduled meeting, Mooney seconded. B. Johnson ques- tioned whether this would only pertain to things coming up in the future or whether some items already acted upon would go back to the Planning Commission for review. Mooney noted that there were certain situa- tions which existed in the community which need atten- tion and the Council has the obligation to fulfill these needs. He stated that the Council Public Works Committee has had to bear the brunt of the final deci- sions that are made in many cases and there should be an opportunity to review these matters. Mayor Hogan suggested that when the proposed amendment goes to the Planning Commission the citizens should be noti- fied so that they can be in attendance at the meeting, particularly those residents of the West Hill. Upon B. Johnson ' s question, it was determined that the variance for the West Hill Reservoir had been denied. She agreed that the residents of the West Hill should be notified that the Planning Commission would be considering this amendment. Motion carried, with B. Johnson voting no. PARKS & Kent Commons Personnel. Charlotte Nelson addressed RECREATION the Council regarding the recent dismissal of Janice Goodman, instructor for the ballet class of the - 6 - December 15, 1980 PARKS & Cultural Arts Program at the Commons. She also RECREATION referred to the lack of advertisement relative to the program itself. Mayor Hogan noted that it was the usual procedure for the Council to refer such matters to the appropriate Council Committee. Mirk stated that a complaint over a lack of a specific program should be referred to the Parks Committee and that a complaint of improper dismissal of an employee should be made personally by that employee. Ms . Nelson noted that there were several members of the ballet class present who wished to voice their objections. It was determined that the Parks Committee would meet on January 7, 1981, Wednesday, at 8: 15 o 'clock a.m. and that Ms. Nelson could attend the meeting. Bailey noted that he was familiar with the matter and that termination of an employee was an administration problem. Mayor Hogan suggested that Ms . Nelson go to the Parks Committee meeting and that Ms . Goodman go to Administration. B. Johnson concurred that personnel matters were not handled by the Council. BAILEY MOVED that the matter of the termination be referred to Administration, B. Johnson seconded. Motion carried. He noted that the program matter would be discussed on January 7 at the Parks Committee meeting. ENVIRONMENTAL A public hearing was conducted on December 1, 1980 EXCISE TAX upon the proposed Environmental Excise Tax Ordinance. ORDINANCE After the hearing was closed, the matter was tabled to this meeting. The ordinance as proposed on Decem- ber 1, 1980 has been amended. McCAUGHAN MOVED to remove the matter from the table, B. Johnson seconded. Motion carried. It was noted that additional correspondence has been received since the December 1, 1980 hearing and Mirk determined that this should be read into the record even though the hearing had been closed. Letters opposing the ordinance were read from the following: Mr. and Mrs. Earl Weaver, 12810 S.E. 202nd Place, Kent; Paul Yang, Robert Randall Company, Portland, Oregon; Ford W. Kiene, President, Kent Chamber of Commerce. 7 - December 15, 1980 ENVIRONMENTAL Letters favoring the ordinance were read from the EXCISE TAX following: ORDINANCE Nancy and Dan Streiffert, 3907 S . 269th, Kent; Edna R. Peak, 847 Woodland Way, Kent. MASTERS MOVED to accept all correspondence for the record, Hamilton seconded. Motion carried. BAILEY MOVED to adopt Ordinance No. 2264 relating to an Environmental Excise Tax with the following amend- ments : 1) Page 2, last paragraph, lines 2 and 3 - delete the words "occupancy and" Page 3, lines 1 and 2 - delete the words "occupancy and" Page 3, last line - delete the word "occupancy" Page 4, line 1 - delete the word "and" 2) Page 4, Section 3, subsection (a) , New Residential Building - add "including condominiums. " 3) Page 4, Section 3, New Industrial and Commercial Building, subsection (a) - change "$0.30 per square foot" to "$0. 22 per square foot. " 4) Page 4,Section 3, second paragraph - change from "The rates specified above may be periodically reviewed. . . " to read "The rates as specified above shall be annually reviewed. . . " 5) Page 4, last paragraph, line 6 - add the following language after the word "Council: " "with interest to be 3 points above the Federal discount rate unless that rate is greater than that which the City may legally charge, in which case the rate shall be the maximum which the City may legally charge. " (After some discussion, this terminology was supplied by the City Attorney. ) 6) Add new Section 8 to read as follows: - 8 - December 15, 1980 ENVIRONMENTAL "Five years from the adoption of this ordinance, EXCISE TAX said ordinance shall terminate unless the Council ORDINANCE determines to continue said ordinance for a deter- mined period of time. " (Original Sec. 8 becomes Sec. 9) Hamilton objected to the change from 300 to 220 as listed in No. 3 and also expressed objections to the addition of the new Section 8, as listed in No. 6. B. Johnson stated that she did not agree with the change to 220. McCaughan stated that he would support the motion as presented. Masters ques- tioned whether the ordinance should be passed now if there were some questions as to what would be allowed with regard to the interest (No. 5) . It was determined that the language supplied by Mirk would cover this, and if not, the ordinance could be amended. Bailey spoke in favor of the reduction of 30¢ to 22�4_, especially in light of the growth in the prime rate which may continue, and suggested that this would give the commercial builder an opportunity to stay within the framework of current or projected expenses, and further, that since the Council would review the ordinance annually, changes could be made if necessary. It was determined that each proposed amendment would be voted on separately. AMENDMENT NO. 1 - BAILEY MOVED that the words "occupancy and" be removed, Mooney seconded. Motion carried. AMENDMENT NO. 2 - BAILEY MOVED that the words "including condominiums" be added, McCaughan seconded. Motion carried. AMENDMENT NO. 3 - BAILEY MOVED that the figure "30¢" be changed to " 22¢" . Mooney seconded. McCaughan pointed out that he had analyzed figures over the past five years for building activity and based on this information had concluded that using the 300 figure for the bedroom tax, the City would have received $1, 722, 730.00 during 1980, an amount equal to 15/0 of the City ' s basic taxes, and that he would, therefore, support the reduction to 220. B. Johnson expressed - 9 - December 15, 1980 ENVIRONMENTAL opposition to the change, based on the decrease in EXCISE TAX taxes to the City at the present time because of ORDINANCE the 106% lid. Motion carried, with B. Johnson and Hamilton voting against. AMENDMENT NO. 4 - BAILEY MOVED that the word "may" be changed to "SHALL" and the word "periodically" changed to "ANNUALLY. " Mooney seconded. Motion carried. AMENDMENT NO. 5 - BAILEY MOVED that the following language be added: "with interest to be. 3 points above the Federal discount rate unless that rate is greater than that which the City may legally charge, in which case the rate shall be the maximum which the City may legally charge. " AMENDMENT NO. 6 - BAILEY MOVED to add a new Section 8 reading as follows : "Five years from the adoption of this ordinance, said ordinance shall terminate unless the Council determines to continue said ordi- nance for a determined period of time. " (Original Section 8 becomes Section 9) . J. Johnson seconded. Motion carried with Hamilton voting nay. BAILEY MOVED to adopt Ordinance No. 2264 as amended, B. Johnson seconded. Motion carried. ARTS Mayor Hogan noted receipt of a letter from Maureen COMMISSION Curran, Chairman of the Arts Commission, with regard to the appointment of an ex-officio member of the Council to the Arts Commission. It was determined that Tom Bailey had agreed to serve in that capacity and he was so appointed. HOUSING & South King County Activities Center. Receipt was COMMUNITY noted of a letter from Mary H. McCarthy expressing DEVELOPMENT her opposition to the request for funding submitted by the SKCAC to build the Lake Desire Center for handicapped adults in her community. It was noted that the letter had been received on December 2 but the matter had been acted upon at the Council meet- ing of November 17, 1980. B. JOHNSON MOVED to accept the letter, Mooney seconded. Motion carried. 10 - December 15, 1980 COUNCIL Public Works Committee. Mooney noted that the COMMITTEES Public Works Committee would not meet on December 17 and if there were no pressing matters there would be no meeting on December 24, 1980. Parks Committee. Bailey reported that the Parks Committee would meet on January 7, 1981 at 8: 15 a.m. DISABILITY Public Safety. Mayor Hogan noted that the term of BOARD Len McCaughan on the Disability Board had expired in September and he does not wish to serve another term. It was noted that the Board presently con- sists of Iry Hamilton, Bill Elliott, Gary Tilley of the Fire Department, and Bob Holt of the Police Department, and that it was necessary to appoint another Councilperson. B. Johnson volunteered to serve on the Board, and was so appointed by the Mayor. TAX LEVY Tax Levy Ordinance. B. JOHNSON MOVED that Ordinance No. 2262 fixing the tax levy for the City of Kent for 1981 be adopted, Hamilton seconded. Motion carried. BUDGET 1981 Budget. Public hearings were completed on December 1, 1980 on the 1981 budget and on Federal Shared Revenue and its relation to the budget. Upon the Mayor ' s question, Cushing determined that the Federal Revenue Sharing allocation for Kent Valley Youth Services was $4, 000 less than that re- quested, but that they received funding from several sources. B. Johnson questioned whether there would be another Federal Revenue Sharing hearing later in the year when they could reapply for additional fund- ing and Cushing noted that it was not anticipated that there would be another Federal Revenue Sharing hear- ing but that the Kent Valley Youth Services organiza- tion could still apply to the Council for funding at any time. There were no further comments and B. JOHNSON MOVED that Ordinance No. 2263 adopting the City of Kent budget for 1981 be approved, McCaughan seconded. Motion carried. - 11 - December 15, 1980 FINANCE (CONSENT CALENDAR ITEM 5F) Kent Commons Change Fund. APPROVAL of the request to increase from $200 to $400 the Kent Commons Change Fund which was established in January, 1980. Both the State Auditor and the Finance Director recommend approval. (CONSENT CALENDAR ITEM 5B) Approval of Bills . APPROVAL of payment of the bills received through December 18, 1980 after auditing by the Finance Committee at its meeting at 3: 00 p.m. on December 30, 1980. ADJOURNMENT MOONEY MOVED that the meeting be adjourned at 9:05 o ' clock p.m. , B. Johnson seconded. Motion carried. LC Marie Jense CMC City Clerk - 12 -