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.
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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
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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.
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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.
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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.
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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.
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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
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