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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 02/22/1983 Kent, Washington February 22 , 1983 Regular meeting of the Kent City Council was called to order at 7 : 00 p.m. by Council President Billie Johnson, in the absence of Mayor Hogan. Present: Councilmembers Biteman, B. Johnson, Kelleher, Leahy and Woods , City Attorney DiJulio, Public Works Director Wickstrom, Planning Director Harris and Finance Director McCarthy. Also present: Parks Director Wilson, Accounting Supervisor May Miller. Assistant City- Administrator Webby attended in place of City Administrator Cushing. Councilmembers Bailey and J. Johnson were absent. Approximately 50 citizens were in attendance. PROCLAMATION Mayor Pro Tem. B. Johnson read a proclamation declar- ing March 5th through 12th as Anti-Shoplifting Week, noting that the Kent Meridian Deca Club, in con- junction with the National Coalition to Prevent Shoplifting, would be providing a forum for dis- cussions about shoplifting. AWARD B. Johnson noted that P4ayor Hogan had received a letter from the Municipal Finance Officers Associ- ation stating that the City had been awarded the Certificate of Conformance in Financial Reporting and that Accounting Supervisor Mayene Miller had been named for an Award of Financial Reporting Achievement. Finance Director McCarthy noted that the City' s first Certificate had been earned for the 1980 report and that Ms . Miller had been respon- sible for making the necessary improvements required for attaining the award again this year . A plaque for the city and a certificate for Ms. Miller were then presented. It was noted that only five govern- mental units in Washington hold current certificates . CONSENT KELLEHER MOVED that the Consent Calendar Items CALENDAR A through N be approved, Woods seconded. Motion carried. MINUTES (CONSENT CALENDAR ITEM 5A) Approval of' Minutes. APPROVAL of the minutes of the regualr Council meeting of February 7 , 1983. - 1 - February 22, 1983 STREET Street Vacation - Portion of Cedar Street VACATION - CEDAR STREET On January 17 , 1983 , a public hearing was held on the application of the First Church of the Nazarene for vacation of a portion of Cedar Street . The Planning Department recommended that the vacation be approved with the following conditions: A. Restrict the vacation to exclude the westerly 105 feet of Cedar Street and require the deeding, to the City, of sufficient additional property from the adjacent property owners in the vicinity of the westerly 105 feet , for a cul de sac turnaround. Said cul de sac turnaround shall have a radius of 55 feet with its center point located at the inter- section of the right-of-way centerline of Cedar Street and the northerly projection of the easterly lot line of Lot 6 . B. Retain an easement for utility purposes and pedestrian right-of-way over that portion of Ced2 Street right-of-way approved for vacation and prohibit any fencing which would interfere with C_ maintenance practices or operations. C. Prohibit vehicular access to Cedar Street from the church-owned , leased or operated properties . (The Traffic Engineer , Jim Poston, states: "If the vacation is approved , no access should be permitted from the church property to Cedar Street . Such access would increase nonresident traffic on Hazel Avenue and Cedar Street , both of which are designed for residential access only. In addition, the intersection of Hazel Avenue and James Street is not safe as the existing church driveway onto James Street . Preventing access to Cedar Street is a safer , less disruptive alternative . Although the majority of traffic occurs on Sunday, the increase in traffic throughout the week would be . noticeable on Cedar Street and Hazel Avenue. " ) - 2 - February 22 , 1983 STREET D. In accordance with Ordinance 2333 , Cedar Street is VACATION - classified as a Class C street and as such, CEDAR STREET compensation may be required . It is recommended that compensation at one-half the full appraised value be required . The public hearing was continued to this date and the matter was discussed by the Public Works Committee on February 8 , 1983 . The Committee recommends that the application be approved with the conditions suggested by the Planning Department . The public hearing r,•as .r.eonened. A letter was read from Frank Nowak of 623 East Smith noting that he owned property on N. Alvord which is bordered by the east end of Cedar Street. The letter noted that when a portion of Cedar Street was vacated in 1966, he was assured that the City would give him an ease- ment to his property but had not done so. He pointed out that he had given the City of Kent an easement for water to serve the Nazarene Church and the Straub properties and that the Church had given him an ease- ment for ingress and egress over a vacated portion of Cedar Street. Copies of both instruments, dated in 1968 , were provided. Mr. Nowak was present and stated that his easement to Cedar Street should be continued. Upon Questions from the Council, Wickstrom noted that if this petition to vacate the street is granted, Nowak will have to negotiate with the church for the right to go through the newly vacated portion of Cedar Street, to his property. Nowak noted that he planned to develop the property and needed to have access in order to develop it. Kelleher asked if , provided all the other problems connected with the street vacation were solved, an agreement for access could be worked out between Nowak and the church prior to actually granting the vacation. DiJulio noted that such consideration by the City would be inappropriate, that the City' s determination must be based upon the best interest of the public , not the individual . Nowak noted that if the property is vacated, the City will re- serve a utilities easement and asked why he couldn' t have an easement for access at the same time. He described the physical properties of the land noting that access through Cedar Street would best suit development of the property. 3 - February 22, 1983 STREET Upon a question from Don Watts, Wickstrom explained VACATION - that Condition "C" would prohibit access to Cedar CEDAR STREET Street from the church property. Joe Just objected to the expansion of the church facilities in this residential zone. Upon Kelleher' s question, Harris noted that the existing Conditional Use permit might have to be reviewed, or perhaps an additional permit would be requried. Ron_ Benson spoke on behalf of the church noting that he was sorry that a represent- ative from the church had not attended the Public Works Committee meeting on February 8 . He stated that he thought the church could satisfy the Public Works Committee' s concerns about drainage. Regard- ing Condition "C" , Benson opined that the church could present a traffic study which would justify allowing traffic access to Cedar Street, and further, regarding Condition "D" that evidenace could be presented to allow this condition to be readdressed. Judy Taylor and Sunny Anderson, both residents of Prospect Street, noted the drainage problems already existing in the area. Ms . Taylor noted that water runoff from James an(I from Kent Kangley Road ended up in her yard now. Ms . Anderson asked that the Council require that the church make the drainage study before considering granting the street vaca- tion. DiJulio reiterated that the Council ' s concern is whether or not the proposed vacation is in the public interest of the City of Kent, not what the church plans to do with the property. Kelleher noted that certain development could impact the neighbor- hood and DiJulio noted that in the planning stages of development, such impacts would be considered at a public hearing. Dennis Johnson, pastor of the Nazarene Church said that there were no plans to extend the school beyond the 7th grade level and that the daycare facility and the usual church activities would continue. He noted that under- ground drainage would be provided to take care of the surface water problem. There were no further comments and Leahy MOVED to close the hearing. Woods seconded, motion carried. 4 - February 22, 1983 STREET Upon Kelleher' s question, DiJulio confirmed that VACATION - the City could approve the vacation with the con- CEDAR STREET ditions recommended, and later, after analysis if it appeared that some conditions ?ere no lonaer war- ranted, then could be deleted. With regard to Nor. Nowak' s auestions about the easement, DiJulio pointed out there were two issues : he has access, not to Cedar Street, but to Alvord and the other issue was whether the old access to the former Cedar Street had any value. DiJulio concurred with Kelleher that the easement is only to the church property, which is all Nowak ever had. Nowak then stated that his easement gave him access to Cedar Street. DiJulio stated that the City was under no obligation to maintain that, in light of the fact that he had access to Alvord. Leahy asked Benson if the church would still be interested in the vacation if all the conditions were imposed. Benson stated it would. Biteman noted that he hoped that the church would work something out with Nowak. KELLEHER MOVED to grant the street vacation with the conditions listed. Biteman seconded. The motion carried with Leahy voting against it. HEALTH & (CONSENT CALENDAR ITEM 5H) SANITATION 1983 Sanitary Sewer Replacement. AUTHORIZATION to transfer S145 , 000 from the unencumbered balance of the Sewer Fund to the 1983 Sanitary Sewer Replacement Project Fund. This project is the first phase of the 1983 sanitary sewer replacements. This phase will replace and repair the sewer on West Valley Highway in the vicinity of K-Mart. The Public Works Committee has reviewed the re- auest and recommends approval. 5 - February 22 , 1983 HEALTH & (CONSENT CALENDAR ITEM 5M) SANITATION Midway Creek Storm Drainage. As recommended by the Public Works Committee, APPROVAL of the change order for Rental Marts in the amount of $4 , 391 for additional riprap required at the outlet at the creek and time required to winterize the project. In the spring the contractor will complete the final grading and do the hydroseeding. 1983 Sanitary Sewer Replacement Phase I . Bid opening was held February 17 , 1983, with 12 bids received. Upon the recommendation of the Director of Public T^7orks, LEAHY MOVED that the bid for the 1983 Sanitary Sewer Replace- ment Phase I be awarded to Ford Construction in the amount of $100 , 725. 22 , Biteman seconded. Motion carried. WATER (CONSENT CALENDAR IT7M 5I) Benaroya Business Park Kent North. As recommended by the Engineering Department, ACCEPTANCE of the bill of sale and warranty agreement for continuous operation and maintenance of approximately 10 . 937 feet of water main extension constructed in the vicinity of S . 208th Street in the Benaroya Business Park, Kent North AND release of cash bond after expiration of the one-year guaranty period and pay- ment of any outstanding bills against the project. (CONSENT CALENDAR ITM! 5J) Clemens & Moorman Agreement Release. ACCEPTANCE of an easement from Clemens & Moorman for the Kent Springs Transmission Main Project. In 1979 Clemens and Moorman entered into an agreement with the City of Kent in which they agreed to pay a charge in lieu of assessment in the amount of $9 , 081 . 45 within two years from date of agreement, in exchange for con- nection to a City water main in the vicinity of 104th Avenue S .E. The assessment has not been paid to date. After negotiations , the property owners have agreed to give an easement needed for the Kent Springs Transmission Main project which has a com- parable value to that of the assessment they owe. The value of the easement was determined by the City ' s property management department. The easement has been worded such that acceptance of same would - 6 - February 22, 1983 WATER release the property owners from their agreement to pay the charge in lieu of assessment in the amount of $9 , 081 . 45. The Public Works Committee has re- viewed the request to release the agreement and has recommended approval . (CONSENT CALENDAR ITEM. 5K) Master Pieter Re uest - East Hill Shopping Center. APPROVAL of a request .or a master meter for East Hill Shopping Center. The Public Works Department has reviewed a request for a master meter to serve two of the complexes planned for the East Hill Shopping Center and has recommended approval. Bids - South 212th Water Supply Well #2 . Bid open- ing was held February 17 , 1983, with three bids rece_ved. UDon the recommendation of the D 4rectos of Public Works, LE,'kHY MOVED that the low bid for the South 212th Water Supply Well #2 be awarded to Armstrong Well Drilling at $69 , 786 . 32 , Biteman seconded. Motion carried. STREETS Dispute - Alley in 700 Block between Dean and Guiberson. Dennis Bennett of 1013 15th Avenue East in Seattle noted that he was a partner of Allen Johnson in a business operating at Johnsons residence at 718 Dean Street and that there was a dispute with the Burkeys as to the use of the alley. DiJulio noted that he had been in contact with both parties since August, and he had advised both parties that if they did not resolve the pro- blem, the City may have to enforce its parking ordinances in the area. Upon receipt of Mr. Johnson' s January 28 letter to the Council, DiJulio had ad- vised Johnson and Burkev' s attorney of the dates of City Council meetings . Bennett presented various documents , and upon DiJulio ' s suggestion, these were turned over to him and the matter referred to him for further review and for a report to be made at the next workshop meeting . (CONSENT CALENDAR ITEM 5L) S.E. 256th and 116th Avenue S .E. Improvements. As recommended by the Public Works Committee, AUTHORIZA- TION for the Mayor to sign the application for FAUS Grant in the amount of $182 , 600 for improvements to the intersection of S .E. 256th and 116th Avenue 7 - February 22 , 1983 STREETS S .E. and authorization to allocate $40 ,000 from the Smith Street Project Fund to this project. The City has been advised of the availability of FAUS money for improvement of S.E. 256th and 116th Avenue S.E. intersection. This is a 90o grant in the amount of $182 , 600 and the City would need approximately $40 , 000 in matching funds to complete the project which can be allocated from the Smith Street project. The improvements would include signalization and left turn pockets on S.E. 256th. (CONSENT CALENDAR ITE'I 5N) Agreement for Buttoning of SR 181 . As recommended by the Public Works Committee, AUTHORIZATION for the Mayor to sign the agreement with the State for button- ing of SR 181 with Kent' s obligation totaling approxi- mately $12 , 000 and authorization to reallocate this amount from the Smith Street Project Fund. The State will be doing an overlay on West Valley Highway in the vicinity of K-Mart and the City is responsible for buttoning on that project. The cost to the City would be approximately $12, 000. EQUIPMENT Bids - Equipment Rental Department. Bid opening was RENTAL held February 4 , 1983 for a 1983 sedan, 1983 wagon, DEPARTMENT two 1983 1/2-ton vans and a 2 cubic yard loader. Only one firm submitted bids for the sedan, wagon and vans and eleven bids were received for the loader. The Superintendent of Equipment Rental and the Director of Public Works have reviewed the bids submitted and recommend the bids for the sedan, wagon and the two vans be rejected and that they be purchased through the State contract for the price of $6, 467 . 22 , $7 ,435. 34 , $7553 , 36 and $7, 457 . 94 respectively and that the low bid of $41 ,179 . 75, in- cluding trade , be accepted from Smith Tractor for the 2 cubic yard loader. LEAHY MOVED to accept the bid f-om Smith -.---actor for t'ne loader and to reject t:_e bids for t=_e other ec-uinment. Kelleher seconded. °lot_ cn care-ea. PARKS West Hill Park (Reith Road Pit Site) . Barney Wilson noted that on February 7 the Council had approved $150 ,000 from the Environmental Excise Tax fund to be used as the City ' s matching share for the applica- tion to IAC for this $300 , 000 project. The Parks Committee has recommended that a contract with SEA be approved for workinq drawings, bid specifications and a topography base map, at a cost not to exceed $22 , 000 . Wilson explained that if these documents 8 - i February 22, 1983 PARKS were on hand, showing that the city was ready to proceed, our chances of receiving the IAC funds would be enhanced. If funding is not approved at the IAC funding session in March, 1983, the plans could be used for the next funding session. It was determined that the $22 ,000 would be a portion of the $150 ,000 approved on February 7 . LEAHY MOVED to authorize the Mayor to sign a con- tract with SEA, Inc. , not to exceed $22, 000 for the drawings, specifications and maps . Woods seconded. Motion carried. (CONSENT CALENDAR ITEM 5G) Russell Road Underground Wiring. AUTHORIZATION to spend $9 , 259 . 95 for the underground wiring at Russell Road Park as discussed at the February 14 Council workshop. Funding for this project will come from a transfer from the unencumbered beginning fund balance in the General Fund due to 1982 budget underrunds . (CONSENT CALENDAR ITEM 5C) ARTS Appointments . CONFIRMATION of the Mayor's appoint- CO;.'r'IS�IOT; ment of Emily Kelley Koons and Robert Owren to the Arts Commission replacing Barbara Harger Boling and Trisha Everts . Both terms will expire in October 1983 . (CONSENT CALENDAR ITEM 5D) KENT VALLEY KVYS Contract. AUTHORIZATION for the Mayor to YOUTH sign the contract in the amount of $33 , 337 with SERVICES Kent Valley Youth Services for 1983 . FIRE (CONSENT CALENDAR ITEM 5F) King County EMS Contract. AUTHORIZATION for the Mayor to sign the renewal contract with King County for Emergency Medical Services , as discussed at the February 14 , 1983 workshop. FINANCE (CONSENT CALENDAR ITEM 5E) Industrial Development '3onds . The City has been asked to approve the Port of Seattle ' s issuance of Industrial Development Revenue Bonds to United Lumber Company, Inc . of Kent. A representative of the Port' s Bond Counsel was present at the February 14 workshop to discuss the matter and has prepared a resolution. ADOPTION of Resolution 988 approving the issuance of Revenue Bonds of the Industrial Development. Corporation of the Port of Seattle. i - 9 - February 22, 1983 FINANCE (CONSENT CALENDAR ITEM 5B) Approval of Bills. APPROVAL of payment of the bills received through February 16, 1983 after auditing by the Finance Committee at its meeting at 4 :00 p.m. on February 28 , 1983. COUNCIL Public Works . Kelleher noted that the Public Works COMMITTEES Committee would meet on February 23 at 3 : 00 p.m. in the Engineer' s conference room and that one of the items to be discussed was the question of the street vacation for S . E. 260th. Parks . A meeting of the Parks Committee is scheduled for 4 :00 p.m. Friday, February 25. SUBURBAN B. Johnson noted that the Suburban Mayors Association MAYORS would meet at H. D. Fotspurs on Wednesday, March 2 ASSOCIATION at 6: 30, with dinner scheduled for 7 :30 . Bob Hauth of the Municipal Research Center will present a program entitled "City Liability" . Those wishing to attend should notify the City Clerk in Bellevue by Friday, February 25. DiJulio noted that Hauth was an attorney and was well known for his excellent presentations . CITY OF B. Johnson read a letter from Bob Roegner, Mayor of AUBURN Auburn, noting that Wednesday, April 6 would be Auburn/Kent Community Night at the Seattle Mariners/ New York Yankees baseball game in the Kingdome. He has challenged Kent to compete with Auburn to see which city will have the greatest number of citizens attending this game. CAPITAL Leahy noted that guidelines for the Capital Improve- IMPROVEMENT ment Fund had been discussed at the February 15 Finance PROGRAM Committee meeting and that further discussion of the guidelines would soon be scheduled for a workshop. ADJOURNMENT WOODS MOVED that the meeting be adjourned at 8 : 00 p.m. , Leahy seconded. "lotion carried. �riJer�r en, CMC City Clerk 10 -