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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 04/04/1983 Kent, Washington April 4, 1983 Regular meeting of the Kent City Council was called to order at 7:00 o'clock p.m. by Council President Billie Johnson, in the absence of Mayor Hogan. Present: Councilmembers Bailey, Biteman, B. Johnson, J. Johnson, Kelleher and Woods, City Administrator Cushing, City Attorney DiJulio, Planning Director Harris and Public Works Director Wickstrom. Counc i lmember Leahy and Finance Director McCarthy were absent. Present also: City Treasurer Drotz, Personnel Director Webby, Parks Department Administrative Assistant Adams, Planning Commissioner Kilbourn and Police Captain Byerly. Approximately 15 people were in attendance at the meeting. PROCLAMATION B. Johnson read Mayor Hogan' s proclamation declaring the week of April 10 through 16 as Earthquake Awareness Week. CONSENT KELLEHER MOVED that Consent Calendar Items A through CALENDAR G be approved. Biteman seconded. Motion carried. MINUTES (CONSENT CALENDAR ITEM 5A) Approval of Minutes. APPROVAL of the minutes of the regular Council meeting of March 21 , 1983. HEALTH & LID 296 - Orillia Utilities (72nd Avenue S. - S. SANITATION 180th to S. 184th) Sanitary Sewer, Water torm ra_inage. This ate has been set for the public hearing for the confirmation of the Final Assessment Roll for LID 296, for which the City Clerk has given proper legal notice. The Final Assessment Roll totals $420,799.72. The public hearing was opened by Mayor Pro Tem B. Johnson. The Clerk noted receipt of two letters protesting the amount of assessment levied. A letter from Mr. Rehn of 7011 S. 182nd, a copy of which was included with the agenda packet, was received on March 21 . BITEMAN MOVED to make the letter from Mr. Rehn part of the record, Woods seconded. Motion carried. A letter from Andy Padvorac of Puget Power, filed tonight, was read by the Clerk. KELLEHER MOVED to make the letter a part of the record. Woods seconded. Motion carried. Wickstrom pointed out the location of the project, noting that the original estimated cost of the project was $588,102.17 and that the final costs were approximately 28% below the preliminary estimate. He explained the method of payment. In response to questions from the council regarding the Rehn letter and its reference to lack of water pressure and water April 4, 1983 HEALTH & service, Wickstrom pointed out that Rehn was not SANITATION being assessed for the water extension since he already had water service. Wickstrom noted that Rehn had telephoned advising that he would be unable to attend tonight's meeting. Bailey noted that Rehn stated that the property was used as a residence and he had no intention of devloping it. It was deter- mined that Mr. Rehn's assessment was approximately $23,000. In response to B. Johnson's questions, Wickstrom explained that the Rehn property had originally been serviced as part of the Orillia Water Company. In response to further questions from Biteman, Wickstrom pointed out that the new line had been installed about three months ago and that his property was probably served by an old 2" line. He pointed out that there was an existing 8" line to the south which the Rehns could connect to for water service, which might eliminate the water pressure problem. Wickstrom clarified for Woods that the Rehn property was served off the S. 182nd line when the West Valley Highway line was terminated and that this could have resulted in a loss of pressure. Andy Padvorak, representing Puget Power, addressed The Council regarding Assessments #8 and #11 . In response to his questions, Wickstrom noted that Assessment #8 was figured on a square footage basis. Referring to Assessment #11 , Padvorac noted that this property was the site of a substation and that water was not required. Padvorac contended that such ser- vice was of no special benefit to the property. Wickstrom clarified for B. Johnson that there was no sewer service to the property. In response to Bite- man's question, DiJulio noted that LID assessments were based on the benefit or value to the property, not necessarily on the use of the property. Padvorak contended that not all LIDs assess utility properties such as substation sites, and that this was a matter up to the discretion of the governing body. A lady representing Pete Sagisi , 7205 S. 182nd, addressed the Council regarding Assessment #9 and questioned whether property owners would be liable for future repairs to the lines. Wickstrom pointed out that the lines become the property of the City when accepted and that the City has the responsibility for maintenance and upkeep. There were no further comments and BAILEY MOVED to close the public hearing, J. Johnson seconded. Motion carried. - 2 - i i April 4, 1983 HEALTH & KELLEHER noted that while he did not have any serious SANITATION objections to the staff rec ommendtion, he MOVED to refer the matter to the Public Works Committee meeting with an invitation extended to Mr. Rehn and Mr. Padvorac of Puget Power to attend. Biteman seconded. Bailey questioned the legality of the motion. Upon DiJulio's comments about public input, Kelleher changed the motion to include re-opening the public hearing. Biteman concurred. B. Johnson stated that both letters adequately expressed the objections and she could see no need to refer the matter back to the Public Works Committee. In response to Kelleher's question, Wickstrom noted that there was no problem with a small delay in prepara- tion of the ordinance but a lengthy delay meant that the City would continue to pay interest on outstand- ing warrants and delay could also affect the interest rate for the bonds. Kelleher noted that objectors to another LID were afforded the opportunity of attending a Public Works Committee meeting. Bailey noted that he had no objection to continuing the public hearing but pointed out that this LID has been before the Council since 1979, and that he concurred with B. Johnson that it was not necessary to refer it to the Public Works Committee. Kelleher stated that he did not wish to change his motion and Woods stated that she also would like to take another look at the matter. Bailey pointed out that his concern was over the matter of procedure and questioned whether the Council could be setting a precedent by allowing additional testimony each time someone protested an LID assessment. Biteman contended that the Rehns should have an opportunity to appear before the Council , and that the amount of the assessment was sizeable. There was no further discussion and the MOTION FAILED TO CARRY, with Bailey, B. Johnson and J. Johnson voting against and Biteman, Kelleher and Woods voting in favor. KELLEHER MOVED to reopen the public hearing and continue it to the next Council meeting, Bailey seconded. Motion carried. (CONSENT CALENDAR ITEM 5G) LID 311 - S. 180th Street Sanitary Sewer. AUTHORIZA- TION to execute the Kent/Renton agreement and to adopt Ordinance No. 2397 creating LID 311 . A public hearing was held on November 15, 1982 on the creation of this LID. At that hearing, the City Attorney was directed to draft the ordinance creating the LID, and it was noted that the ordinance would not be adopted until such time as an agreement - 3 - April 4, 1983 HEALTH & between Renton and Kent had been executed pertaining SANITATION to the ownership and maintenance of the sewer. The agreement has since been prepared and signed by Renton. LID 287 - 94th Place Sanitary Sewers. The public Baring on the con irmation of the final assessment roll for LID 287 was held on March 7. Four letters objecting to the amount of the assessment were filed for the record. Two of these objections, that of Lester Poole, Assessment No. 25 ($13,282.89) and Gerald Pieper, Assessment No. 13 ($6,030.98) , were based upon the argument that their property could not be further developed. The public hearing was closed on March 7 and further action was tabled. The Public Works Committee discussed the objections with Poole and Pieper on March 8 and again on March 22. After a thorough review of the properties, it is recommended that Assessment No. 13 for Gerald Pieper remain the same and that of Assessment No. 25, Lester 0. Poole, be reduced to $3,607.75. It is also recommended that the remaining balance of $9,675.14 on the Poole property be levied as a charge in lieu of assessment against the property should it be further developed and that the remaining amount of $9,675.14 be paid from the unencumbered fund balance of the sewer utility. It is further recommended that the City Attorney be directed to prepare the ordinance confirming the amended final assessment roll . J. JOHNSON MOVED that a Assessment No. 25, Lester 0. Poole, Jr. , be reduced to $3,607.75; that the remaining $9,675.14 be paid from the unencumbered fund balance of the sewer utility and that this amount be levied as a charge in lieu of assessment against the property and that the City Attorney be directed to prepare the ordinance confirming the amended final assessment roll for LID 287. Kelleher seconded, motion carried. WATER (CONSENT CALENDAR ITEM 5F) Change Order - Ranney Well . As recommended by the 'Public blic WorksComm!ttee,7UFPROVAL of a change order for Armstrong Drilling in the amount of $4,470, to cover additional drilling recommended by the geologist. ZONING CODE Amendment to Zoning Code - Alcoholic Bevera es. On March , the Planning Commission held a public hearing to consider a proposed amendment to Chapter 3, Sections 3.17.1 , 3.18.1 , and 3.19.1 of the Kent Zoning Code relating to Principally Permitted Uses. - 4 - { i April 4, 1983 ZONING CODE The proposed amendment would allow alcoholic beverage processes such as distilling and fermenting as a Principally Permitted Use in the M-1 ( Industrial Park) and M-2 (Limited Industrial ) zoning districts and delete the same from the M-3 (General Industrial ) zoning district. The Planning Commission recommends that the amendment be approved and the minutes of the hearing have been distributed. Mayor Pro Tem B. Johnson opened the public hearing. There was no correspondence and there were no com- ments from the audience. J. JOHNSON MOVED to close the public hearing, Kelleher seconded. Motion c arri ed. KELLEHER MOVED to adopt Ordinance No. 2396 and to approve the summary thereof, amending Chapter 3 of the Zoning Code as recommended by the Planning Committee. Woods seconded, motion carried. ANNEXATION (CONSENT CALENDAR ITEM 5C). Rowley #3 Annexation. ACCEPTANCE of the petition for t e Rowley #3 Annexation and authorization for the City Engineer to file a notice of intent with the King County Boundary Review Board. On July 26, 1982, the Council met at a workshop with the initiators of the proposed Rowley #3 Annexation. On August 2, 1982, the Council authorized circulation of the 75 percent petition for this annexation. The City Clerk has filed the petition and the signatures have been verified as sufficient by the Property Manager. A map of the area has been included in the agenda packet. HOUSING & (CONSENT CALENDAR ITEM 5E) COMMUNITY 1983 Housing & Community Develo ment Pro ram: Funds DEVELOPMENT Reallocation. APPROVAL of the distribution o $22,6 57 in unallocated "pop" funds as follows: $8,257 to the North Park Storm Drainage Phase III (for a total budget of $52,264) and $14,400 to the YWCA Emergency Housing (for a total budget of $14,400). Approval for the Planning Department staff to submit revised applications to King County Housing and Community Development for YWCA Emergency Housing Project and the Green River Community Health Project. This matter was discussed at the March 28 workshop and further information has been included in the agenda packet. - 5 - April 4, 1983 POLICE Jail Facility. At the workshop of March 23, 1983, DEPARTMENT ounce mem ers were presented with a report dealing with the concept of a 50-bed jail facility. It was recommended that the Council authorize the staff to move forward in the following areas: 1 . A specific contract with the U.S. Marshal 's Service. 2. Site selection for a consolidated jail facility and District Court. 3. Instruct Ellerbe Architects to commence conceptual design of a 50-bed jail facility. 4. Identify a project manager or management group. 5. Seek authorization to utilize State funding for the jail project. J. JOHNSON MOVED that Items No. 1 through 5 be approved, Bailey seconded. Motion carried. PARKS & (CONSENT CALENDAR ITEM 5D) RECREATION Kent School District Agreement. AUTHORIZATION for the Mayor to sign a revised agreement between the Parks Department and the Kent School District. This update of the 1974 agreement was rewritten for clarification and to add insurance clauses. This was discussed at the Parks Committee meeting on March 17th. Ultralight Aircraft. David Tervo of 4319 S. 239th Place noted from the audience that he had a copy of the minutes of the March 17, 1983 Parks Committee meeting. He requested that the Parks Committee schedule an evening meeting so that he could make a presentation against allowing ultralights in Kent. Committee Chairman Bailey stated that a meeting would be arranged and Mr. Tervo would be notified. Tervo gave his day phone number - 931 -2354. Property Acquisition - Mill Creek - Resolution. At t o March 21 Council meeting preparation o a resolu- tion was authorized to purchase a parcel of land in Mill Creek Canyon from Myrtle La Chance for $16,500. Upon Biteman' s question, Helen Adams noted that fund- ing would be provided from the $102,000 budgeted for Mill Creek improvements. J. JOHNSON MOVED to adopt Resolution 991 authorizing the purchase of the property. oods seconded. Motion carried. - 6 - April 4, 1983 KENT COMMONS Kent Commons Hardwood Floor Repairs. Three bids were received on Maych 28, 1983, for repair of the hardwood floors for four Handball/Racquetball Courts at Kent Commons. 1 ) Elegant Hardwood Floors Inc . , $16,634.94 2) Michael ' s Hardwood Floors, $16,994.25 3) Queen Cities Industries Inc . , $22,555.42 All amounts include 7.9% sales tax. The Parks Director recommends acceptance of the low bid by Elegant Hardwood Floors Inc . Funding for the project has been explained in a memo included in the packet. It was noted that a telegram from Queen Cities Industries was received today claiming that neither of the other two bidders met the qualifying assurance requirements as outlined in the City's technical specifications I-B-2b: "Submit a list of at least three completed projects of similar nature, magnitude and complexity. " Queen City requests in the telegram that the bid be awarded to them as the only responsive bidder. Upon questions from the Council , Helen Adams noted that she had reviewed the matter with the City Attorney. She read a list of references given by Elegant Hardwood, noting that these were checked out by Roger Boyer of the Commons. She stated that the Parks Department was confident that Elegant Hardwood Floors, Inc. was qualified to do the job. BITEMAN MOVED to award the bid as recommended. Kelleher seconded, motion carried. COUNCIL Public Works Committee. Kelleher noted that the COMMITTEES Public Works Committee would meet on Tuesday, April 5 at 3:00 p.m. in the Engineering Conference Room, with the matter of water pressure on the West Hill to be discussed. Public Safety Committee. J. Johnson reported that the Public Safety Committee would meet on Friday, April 15 at 4:00 p.m. Administrative Reports. Cushing referred to the new cover sheet which has been made a part of the agenda packet. He noted that it was designed to clarify for the public the procedures used at Council meetings. - 7 - April 4, 1983 COUNCIL AWC. Cushing noted that the AWC was soliciting input COMMITTEES Trom anyone interested in serving on the Resolutions and Nominating Committees and that J. Johnson had expressed an interest. He stated that the deadline was April 8. Legislature. Cushing noted that two bills were pre- sently before the Senate Local Government Committee, both bills having passed the House. He suggested that Council members might wish to contact their Senators on these issues. He noted that Substitute H. B. 47 called for the re-enactment of the Municipal Research Council and H. B. 73 was for an increase in the Counc i 1 mani c bonding capacity. He stated that this bill was especially critical due to the elimination of property taxes for inventories. FINANCE (CONSENT CALENDAR ITEM 5B) Payment of Bills. APPROVAL of payment of the bills received through April 5, 1983 after auditing by the Finance Committee at its meeting at 4:00 p.m. on April 15, 1983. ADJOURNMENT J. JOHNSON MOVED to adjourn the meeting at 7:45 p.m. , Kelleher seconded. Motion carried. Marie Jensen, CMC City Clerk 6038-95A - 8 -