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 -