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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 01/18/1982 i i Kent, Washington January 18 , 1982 i 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- members Bailey, Biteman, Kelleher, B . Johnson, J. Johnson, Leahy, Mooney, Administrative Assistant Webby, Public Works Director Wickstrom, Planning Director Harris, Acting City Attorney Heavey and Finance Director McCarthy. Also present: Hearing Examiner Burke and URS representative Walt Ramsey. Approximately 25 citizens were in attendance. PRESENTATION Mayor Hogan noted that the City' s comprehensive annual report for 1980 had qualified for a Certifi- cate of Conformance from the Municipal Finance Officers Association . The plaque, the highest form of recognition in governmental accounting, was presented by the Mayor to Finance Director McCarthy for displav in the Finance Department. McCarthy expressed appreciation for the many hours his staff had spent on the report. APPEAL Natural Land Group PUD. Toby Heaton, supported by the signatures of 71 residents of the area, has appealed the Hearing Examiner ' s decision in the matter of the application of Natural Land Group - (PUD-81-2) . A hearing was scheduled for this meet- ing and proper notices were mailed on January 8 . A packet of material, including a transcript of the hearings before the Hearing Examiner , has been provided to the Council. On January 11, Mr. Heaton had filed a letter requesting that the hearing be continued because he would be out of town. A letter has also been received from Thomas Goeltz, attorney for Natural Land Group, concurring with the request to continue the hearing and suggesting Tuesday, February 16 as a mutually satisfactory date. The staff has no objection to continuing the hearing. MOONEY MOVED to continue the hearing to February 16, 1982 . J. Johnson seconded . Motion carried. CONSENT B. JOHNSON MOVED to approve the Consent Calendar CALENDAR Items A through M, with the exception of Item F, removed by Mooney and G, removed by Bailey. J. Johnson seconded . Motion carried. - 1 - January 18, 1982 MINUTES (CONSENT CALENDAR ITEM 5A) Approval of Minutes . APPROVAL of the minutes of the regular Council meeting of January 4 , 1982. STREETS (CONSENT CALENDAR ITEM 5F - Removed by Mooney) Ordinance - Street and Alley Vacations . This pro- posed ordinance has been prepared to establish the classes of streets and alleys in Kent and criteria for requiring compensation when vacation of said streets or alley is requested. Mooney noted that there was an error on page one of the proposed ordinance and the Council agreed to strike the word "no" in Sec. 1 A. CLASS. MOONEY MOVED for adoption of Ordinance No. 2333, as corrected, relating to street or alley vacations. B. Johnson seconded. Motion carried . UNDERGROUND (CONSENT CALENDAR ITEM 5G - Removed by Bailey) FACILITIES Ordinance - Underground Electrical or Communication SERVICE Facilities Service Connections. Ordinance 1695, CONNECTIONS adopted December 7, 1970 , established regulations for the construction of new underground facilities or the conversion of existing aerial facilities to underground. The Ordinance now proposed, amending Ordinance 1695, would require that all services be underground for new construction in excess of $20, 000 . This proposed amendment has been reviewed by the Public Works Committee, and by Master Builders Association and it is recommended that the ordinance be adopted . Kelleher noted that the Chamber of Commerce had forwarded a letter from Paul Morford of DMS , expressing his concerns . KELLEHER MOVED to refer the matter back to the Public Works Com- mittee, to allow Morford an opportunity to air his concerns . Biteman seconded. Suzette Cooke of the Chamber of Commerce noted that Gene Smith of Puget Power was also concerned and she pointed out that many remodeling projects could cost in excess of the $20 , 000 mentioned . Motion carried with Leahy voting nay. HEALTH & (CONSENT CALENDAR ITEM 5H) SANITATION LID 299 - Ordinance Amendment. Ordinance 2320, ap- proved November 18, 1981, confirmed the assessment roll for this LID. There was a typographical error in the total amount shown in Section 1 . The Public Works Director recommends adoption of Ordinance 2334 amending Ordinance 2320 with the correct total amount of the LID - $84 , 935 . 72 . - 2 - January 18, 1982 HEALTH & (CONSENT CALENDAR ITEM 5I) SANITATION Northwest Slag Products . The Engineering Department has received the bill of sale and warranty agreement for approximately 681 feet of water main extension and 110 feet of sanitary sewer extension constructed in the vicinity of 88th Avenue S . and S. 228th. It is recommended the bill of sale and warranty agreement be accepted for continuous operation and maintenance and the cash bond be released after expiration of the one-year guaranty period and payment of any outstand- ing bills against the project. (CONSENT CALENDAR ITEM 5J) Garrison Creek II Utility Extension. The Engineering Department has received the bill of sale and warranty agreement for approximately 265 feet of water main extension and 1292 feet of sanitary sewer extension constructed in the vicinity of S. 218th and 92nd Avenue S. It is recommended the bill of sale and warranty agreement be accepted for continuous opera- tion and maintenance and the cash bond be released after expiration of the one-year guaranty period and payment of any outstanding bills against the project. (CONSENT CALENDAR ITEM 5K) SDA Short Plat Utility Extension. The Engineering Department has received the bill of sale and warranty agreement for approximately 1364 feet of sanitary sewer extension constructed in the vicinity of 114th Avenue S. E. and S .E. 252nd for the SDA Short Plat. It is recommended that the bill of sale and warranty agreement be accepted for continuous operation and maintenance and the cash bond be released after ex- piration of the one-year guaranty period and payment of any outstanding bills against the project. (CONSENT CALENDAR ITEM 5L) Hanby Cosand Sewer Extension. The Engineering Depart- ment has received the bill of sale and warranty agree- ment for approximately 350 feet of sanitary sewer extension constructed in the vicinity of 123rd Avenue S .E . and S . E. 276th. It is recommended the bill of sale and warranty agreement be accepted for continuous operation and maintenance and the cash bond be released after expiration of the one-year guaranty period and payment of any outstanding bills against the project. 3 - January 18 , 1982 IIEALTH & (CONSENT CALENDAR ITEM 5M) SANITATIO14 Meadow Hills , Phase II Utility Extension . The Engineering Department has received the bill of sale and warranty agreement for approximately 2430 feet of water main extension, 2242 feet of sanitary sewer extension constructed in the vicinity of 121st Avenue S . E. and S .E. 252nd Place for the Meadow Hills plat. It is recommended that the bill of sale and warranty agreement be accepted for continuous opera- tion and maintenance and the cash bond be released after expiration of the one year guaranty period and payment of any outstanding bills against the project. INDIGENT (CONSENT CALENDAR ITEM 5C) COUNSEL Indigent Counsel Contract. AUTHORIZATION for the Mayor to sign the contract with King County for 1982 providing for legal counsel for indigents. The cost is the same as for 1981 and this matter was discussed at the January 11 workshop. GARBAGE (CONSENT CALENDAR ITEM 5D) RATES Garbage Rates Ordinance. ADOPTION of Ordinance 2332 increasing the fees for garbage service, as discussed at the January 11 workshop. HAYASHI (CONSENT CALENDAR ITEM 5E) PRELIMINARY Hayashi Preliminary Plat - SU-81-2 . SETTING the date PLAT of February 1 , 1982 to consider adoption or rejection of the Hearing Examiner ' s recommendation for the Hayashi Preliminary Plat. On February 1, if the Council decides that a change in the recommendation is necessary, a date for a public hearing shall then be set. SOUTH The South Central Properties Rezone application for CENTRAL a reclassification of 1 . 85 acres (corrected to . 5 PROPERTIES acres) from CM, Commercial Manufacturing to CC, REZONE Community Commerical , on the N.E. corner of S. Central and S. 259th, was heard by the Hearing Examiner on RZ-81-3 November 28, 1981 . The Examiner has recommended DENIAL of the request as recited in the Findings and Recommendation issued December 2, 1981 . A packet of information has been provided. B. Johnson noted that the area in question had changed in the past few years, with the addition of a mobile home park and ar)artments and that there was no close retail 4 - January 18 , 1982 SOUTH food establishment. She MOVED to remand the matter CENTRAL to the Hearing Examiner on the grounds that insuffi- PROPERTIES cient evidence was presented as to the impact on the REZONE surrounding area. Mooney seconded. Biteman noted that the applicant had made no request for a recon- RZ-81-3 sideration or appeal. Dean Johnson spoke on behalf of the Southland Corp. which operates the 7-11 Stores, and on behalf of the property owners . He stated that there had been some misunderstanding and that he thought he would have the opportunity to speak on this matter tonight. He noted that he had serious objections to all of the conclusions of the Hearing Examiner, but that in order to file an appeal, he understood that the objections must be made to the facts or the procedure, and he had no objections to either of these. Upon the Mayor' s question, Hearing Examiner Burke noted that Ordinance 2233 and Resolution 896 set forth the procedures to be followed for requesting recon- sideration before the Hearing Examiner, and procedures covering appeals, and that requests for either must be filed within 14 days of the issuance of the Hear- ing Examiner' s recommendation. She noted that these procedures are made clear at the beginning of the public hearings held by the Hearing Examiner. Burke further asked for clarification of B. Johnson ' s motion as to whether the Examiner was to hold another public hearing , or only review the record and recon- sider the recommendation. She noted that ordinarily another public hearing would be held if there was new evidence, but not for a difference of opinions as to the recommendations or conclusions . The matter was tabled for a few minutes to allow time for the Examiner and Attorney to confer. Upon re- moving this matter from the table, Kelleher stated that while serving on the Short Sub-Division Committee , he had participated in considering this matter as a short plat. He noted that upon the advice of the City Attorney, he would not participate in voting as there might be an "appearance of fairness" problem. Based on the discussion between the Hearing Examiner and the City Attorney, B . JOHNSON MOVED to remand the matter to the Hearing Examiner for another hear- ing to consider the issues mentioned tonight. Biteman 5 - January 18 , 1982 SOUTH seconded. Upon Bailey ' s question, B . Johnson stated CENTRAL that she thought the area needed a convenience store. PROPERTIES J. Johnson spoke in opposition to the motion, noting REZONE that this type of zoning is not consistent with past Council action. He noted that he concurred with the RZ-81-3 findings of the Hearing Examiner and read portions of the findings . Bailey agreed with J. Johnson. Biteman agreed with B . Johnson, noting that although this might be an isolated case, it could be that the impetus for the request for the "strip" change was based on the need for this type of facility. Dean Johnson noted that the Planning Staff recommend- ation was for approval . The motion to remand the matter to the Hearing Examiner resulted in a tie, with the following votes recorded: Aye - Biteman, B. Johnson and Mooney. Nay - J. Johnson, Bailey, and Leahy. (Kelleher abstained. ) The motion FAILED, with Mayor Hogan voting in opposition. J. JOHNSON MOVED to uphold the recommendation of the Hearinq Examiner to deny the rezone, Leahy seconded. The motion carried with J. Johnson, Leahy, and Bailey voting in favor and B. Johnson and Biteman voting against. (Kelleher abstained and Mooney did not vote. ) FINANCE Leahy reported that the Finance Committee had recom- CO11MITTEE mended approval of $3800 to provide cabinet work in the courtroom to accomodate recording equipment. COURTROOM He noted that as a result of legislation, recording REMODELING of court proceedings is required and the Kent facility will not be used until the cabinets are installed . Leahy noted that funds could be utilized from the 1981-82 carry-over or from the contingency fund and MOVED to approve the expenditure. Bailey seconded and J. Johnson noted that the contingency fund should be charged with this expense. Leahy noted that there was a possiblity that the City could recover the money under the new provision that any additional requirements imposed by the state must be paid by the state. Mayor Hogan noted that 16 cities had filed a suit against the state under Initiative 62, covering the costs of improvements required by the state. Motion carried. i 6 - January 18 , 1982 FINANCE Leahy noted that Barney Wilson had been invited to COMMITTEE serve a 3-year term on the Board of Regents for the National Recreation and Parks Association PARKS Management School . This would reauire out of state trips, totalling approximately $1 , 000 and Wilson has sufficient funds to cover this in his budget. LEAHY MOVED to approve the out of state travel. B. Johnson seconded . Motion carried. (CONSENT CALENDAR ITEM 5B) Approval of Bills . Approval of payment of the bills received through January 19 , 1982 after auditing by the Finance Committee at its meeting at 4 : 00 p.m. on January 28, 1982 . PUBLIC Mooney noted that the Public Works Committee would WORKS meet at 8 : 15 a .m. on Wednesday, January 20 . COMMITTEE ADJOURNMENT The meeting adjourned at 8 : 35 p.m. I Marie Jensen, CMC City Clerk - 7 - i