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HomeMy WebLinkAboutCity Council Meeting - Council - Regular Minutes - 07/18/1983 Kent, Washington July 18 , 1983 Regular meeting of the Kent City Council was called to order at 7: 00 o ' clock p.m. by Mayor Hogan. Present: Mayor Hogan, Council- members Bailey, Biteman, B. Johnson, J. Johnson, Kelleher, Leahy, and Woods, City Administrator Cushing, City Attorney DiJulio, Planning Director Harris, Public Works Director Wickstrom and Finance Director McCarthy. Also present: City Treasurer Drotz and Personnel Director Webby. Approximately 20 people were in attendance at the meeting. CONSENT J. JOHNSON MOVED, Woods seconded, to approve Con- CALENDAR sent Calendar Items A through J, with the exception of Item D. Motion carried. Item 5D was removed from the calendar by Biteman at the request of Patricia Crockett. MINUTES (CONSENT CALENDAR ITEM 5A) Approval of Minutes. APPROVAL of the minutes of the regular Council meeting of July 5, 1983. STREETS (CONSENT CALENDAR ITEM 5C) LID 301 - S.E. 252nd Street Im rovement. AUTHORI- ZATION to set August 15 for a public hearing on the confirmation of the Final Assessment Roll for LID 301. (CONSENT CALENDAR ITEM 5H) LID 291 S. 196th/Russell Road St. Improvement. ADOPTION of_Ordinance 2417 confirming the revised Final Assessment Roll for LID 291. The public hearing was concluded on July 5. TRANSPORTATION (CONSENT CALENDAR ITEM 5F) PROGRAM Six Year Transportation Improvement Program. SETTING a public hearing for the August 1 Council meeting on the annual updating for the Six-Year Transportation Improvement Program. Green River Pedestrian Bridge Agreement. It is recommended by the Public Works Department that the Mayor be authorized to sign an agreement with the State to obligate the City up to the amount of $107 ,102 for the construction of the Green River Pedestrian Bridge. $100,000 is currently budgeted for this project. The total cost of the Pedestrian Bridge, including construction and - 1 - i 1 July 18 , 1983 TRANSPORTATION engineering, is estimated at $165, 000. The State PROGRAM is picking up the engineering costs with the City' s obligation being the construction cost. Should the bids be favorable, the City' s share may be within the budget. Actual need for the additional money would not be until 1984 for which an ' 84 budget request could be made. It is anticipated that this project will be advertised for bids starting the last week of July. B. JOHNSON MOVED that the Mayor be authorized to sign the Green River Pedestrian Bridge agreement with the State, obligating the City up to an amount of $107 , 102 for the construction costs, Woods seconded. Motion carried. WATER West Hill Water Pressure Problems . At the July 11, 1983 Council workshop, the information prepared by the Public Works Department pertaining to the pres- sure problems on the West Hill and various proposed alternatives were reviewed. It was the Council ' s recommendation that new pumping facilities be con- structed which would increase the pressure service flow to the West Hill customers. It was also re- commended that a fund be created for this project and that $50 , 000 be transferred from the unencumbered water fund. BITEMAN MOVED that the staff include necessary pumping facilities to increase pressure service flow for the West Hill service area in the updated Capital Improvement Program and that a fund be created for this project with $50 , 000 being transferred from the unencumbered Water Fund, Kelleher seconded . Motion carried . PARKS Mill Creek Park Transfer of Funds. Authorization has been requested for the Finance Department to close the Lower Mill Creek Basin account, which was set up to purchase park furniture, and transfer the remaining balance of $6 , 095 .89 to the 1983 budgeted Mill Creek Canyon Phase I Development Account. B. JOHNSON MOVED to authorize the $6, 095. 89 transfer and to apply an additional $1, 800 grant from Valley Publishing Company for landscaping to the budget change. Bailey seconded. Motion carried. 2 - July 18 , 1983 BUSINESS (CONSENT CALENDAR ITEM 5G) LICENSES Pawnshops/Second Hand Dealers . SETTING a public hearing for the August 1 Council meeting on a proposed new ordinance for pawnshops and second hand dealers . LIBRARY (CONSENT CALENDAR ITEM 5E) BOARD Library Board Ordinance. ADOPTION of Ordinance_ 2416 relating to Library services , creating a Library Board and adding a new Chapter 2 . 36 to the Kent City Code. ARTS (CONSENT CALENDAR ITEM 5J) COMMISSION Arts Con-nission Appointment. CONFIRMATION of the Mayor ' s appointment of Don Campbell to replace Merrily Dunham on the Arts Commission. This term will expire in October 1983 . PERSONNEL Hiring Relative in Public Works Department. LEAHY A10VED to hire Glenn Bearson as a Utility Maintenance Worker in the Public Works Department, B. Johnson seconded. Leahy noted that Rearson' s wife is a part-time secretary in the Engineering Department. In response to Biteman ' s question, Cushing noted that City policy requires that hiring of relatives receive Council approval and that it was handled on a case by case basis . He noted that he would furnish Mr . Biteman a copy of the pertinent policy. Motion carried. STREET USE Saar Street. It was noted that a request has been unofficially made by the Methodist Church for the closure of a portion of Saar Street for a street fair. No one was in attendance at the meeting to speak on behalf of the church. DiJulio noted that he did not know the exact nature of the request nor the time involved bat it was presumed to be in earl,:- Auqust. BAILEY" MOVED for the Public Works Department to be authorized to deal with this matter , Biteman seconded. Motion carried . In response to Biteman' s question , DiJulio noted that he was working on a policy to cover such street closures so it would not be necessary to bring each case before the Council . 3 - July 18, 1983 ANNEXATION Des Moines Proposed Annexation. Mrs. Sara Naslund referred to a recent article in the Des Moines paper about a proposed annexation of a portion of Kent by the City of Des Moines and asked what action Kent would take. Cushing noted that he was meeting with the City Manager from Des Moines regarding modification of Kent' s western boundaries, and the implications of such proposed action. He noted that a report would be made at a Council workshop. At ,Mayor Hogan' s request, Mrs. Naslund left her phone number for future contact. SOLAR ENERGY Conservation Management Services . Planning Director APPLICATION Harris requested authorization to work with the firm of Conservation Management Services of Portland and Bend, Oregon to submit an application to the Bonneville Power Administration for a solar energy grant. He pointed out that it was necessary for Kent to adopt a Solar Energy Plan for our citizens to be eligible for rate cuts . He noted that if the application is successful and the firm of Conserva- tion Management Service is hired to do the work authorized by BPA, there would be no charge to the City. If the grant is successful and CMS is not retained to do the work, the cost of filling out the application would be $1500. Harris further referred to the fact that the Planning Department has a 1983 goal to develop an energy program. BITEMAN MOVED that the Planning Department be authorized to retain the firm of Conservation Management to write an application for the City of Kent for sub- mission to the Bonneville Power Administration for a solar energy grant. J. Johnson seconded. Motion carried . HOUSING & 1984 Funding for Kent Housing and Community Develop- COMMUNITY ment Block Grant Program. A public hearing is DEVELOPMENT scheduled for this meeting to consider adoption of the draft 1984 Kent Funding Policies for the 1984 Kent Housing and Community Development Block Grant Program, a copy of which has been filed for the record. The document will guide the use of Federal Housing and Community Development Block Grant monies for Kent, and was discussed at the July 11 workshop. The public hearing was opened - 4 - July 18 , 1983 HOUSING & by the Mayor. The Clerk noted that no corres- COMMUNITY pondence had been received. There were no comments DEVELOPMENT from the audience and B. JOHNSON MOVED that the hearing be closed, Bailey seconded. Motion carried. B. JOHNSON MOVED to approve Kent' s 1984 Community Development Funding Policies as drafted, Bailey seconded. Motion carried. (CONSENT CALENDAR ITEM 5I) 1984 Housing & Community Development Block Grant Funds - Human Services. AUTHORIZATION for the Mayor to submit the letter of intent to apply for 1984 Housing & Community Development Block Grant Funds for a public (human) service project. This will enable King County H & CD to develop a recommended fair share allocation of public service dollars to consortium cities in advance of the October application deadline. CBD IMPROVE- (CONSENT CALENDAR ITEM 5D) REMOVED AT THE REQUEST MENT OF BITEMAN. Kent Development Association-CBD Impr m oveent Pro- ject. Several meetings have been held with the Kent Development Association and with the involved property owners. A scope of work has been decided upon and funding levels determined. Authorization has been requested for the staff to proceed with the formation of the LID. Patricia Crockett, owner of the Creamery Building, addressed the Council regarding the proposed LID. Crockett suggested that the Council consider making the improvements through a PBIA (Parking & Public Improvement Area) or through general taxation, rather than through the LID process , referring to the large amounts of the assessments and the effects on the businesses and tenants in the area. Mayor Hogan noted that the action contemplated was to direct City staff to proceed with the formation of the LID, that a resolution would be passed setting a public hearing date and that it would probably be two months be- fore the required public hearing was held. Cushing also noted that staff is interested in the PBIA concept. BAILEY MOVED to authorize staff to proceed with the formation of the LID, B. Johnson seconded. Motion carried . - 5 - July 18 , 1983 STORM Interim Storm Drainage Ordinance (Ordinance 2375) . DRAINAGE Repeal of the Interim Storm Drainage Ordinance has been discussed at workshop meetings on June 13 and June 27. The Public Works Committee favors repeal- ing the ordinance, but the Public Works Department does not so recommend. After a brief discussion at the July 5 Council meeting the matter was held over to this meeting because two Councilmembers were absent. A packet of information has been distributed to the Council. KELLEHER MOVED to repeal the Interim Storm Drainage Ordinance (Ordinance 2375) and for the City Attorney to be directed to prepare the ordinance necessary for such repeal. Biteman seconded. Bailey asked if the proponents of this motion had any addi- tional material to support the motion. He referred to his prior comments relating to granting special privileges and further noted that the ordinance will expire in November. He opined that if the city does not have an adequate drainage plan in place for this area that the ordinance should be extended in November. Bailey noted that if this protective ordinance is repealed, development in the area would require an EIS, which would most likely cost more than compli- ance with the existing ordinance. He noted that repeal could place the city in an untenable legal position. Kelleher noted that the ordinance places restrictions on builders and opined that the con- sideration should be on the reasons to keep ordi- nances in force rather than the reasons for repeal- ing them. He stated that the original ordinance refers to the SCS Eastside and Westside Green River Watershed project and to the fact that these plans have been abandoned , but that in fact, the basic provisions of the SCS plan are being pursued by Renton, Auburn and King County and that therefore keeping this ordinance was no longer justified. Referring to the City' s liability, Kelleher noted that the City Attorney had not said that the City would be acting in an irresponsible manner if the ordinance was repealed. He pointed out that the city was moving toward the ultimate drainage plan. Bailey noted that builders have always been able to go to the Public Works Department to resolve any problems. He stated that repeal of the ordinance would weaken the City' s position in the courts and 6 - i I i July 18, 1983 STORM that the ordinance showed that the City recognized DRAINAGE that there was the possibility of a flood problem in that particular area. B. Johnson noted that the SCS project had been pursued for 20 years, and that the drainage utility would be the city' s best answer. She noted that the possibility of a 100 year storm had to be considered, pointing out the storms and flooding in the past year in California, Utah and the flooding of the Snoqualmie River. She concurred with Bailey' s comments. Leahy stated that the ordinance was sound and that repeal of it would constitute special treatment of a few developers. He pointed out that the ordinance was labeled Interim Storm Drainage Ordinance and that it was meant to be kept in place until a permanent solution could be reached. Biteman disagreed with Bailey' s reference to jeopardy, noting that developers had operated for years before this ordinance was enacted. J. Johnson asked Wickstrom if there were any develop- ments planned which would be affected by the repeal of this ordinance. Wickstrom noted that the repeal would affect LID 306 , the West Valley Storm Drainage System project. Tom Miller of Trout Unlimited spoke against repeal of the ordinance. Jack Ewing, a con- sulting engineer , stated that the SCS project had not been abandoned and the ordinance should be repealed. Paul Morford spoke in favor of repealing the ordinance, noting that the Chamber of Commerce also supported repeal. Frank Nowak stated that existing drainage ditches needed to be better main- tained. Raul Ramos spoke in favor of repeal. Kelleher ' s motion to repeal Ordinance 2375 carried, with Bailey , B. Johnson and Leahy dissenting. FINANCE (CONSENT CALENDAR ITEM 5B) Approval of Bills. APPROVAL of payment of the bills received through July 19 , 1983 after auditing by the Finance Committee at its meeting at 4 : 00 P.M. on July 29 , 1983. Combined LIDs 287/296 Bonds . The City' s bond counsel has prepared an ordinance for a combined bond issue for LID 287/296 and for the sale of same to Foster & Marshall/American Express, Inc. of Seattle. Mr. 7 - July 18, 1983 FINANCE Nowlin of Foster & Marshall addressed the Council, noting that the amount of the combined bond issue was $586 , 716 . 80. He explained the procedures in- volved in the transaction, noting that the net effective interest rate was 10. 579% and that orders had been obtained for approximately $400 ,000 of the bonds. He stated that Foster & Marshall was willing to commit its own capital to purchase the remaining bonds for resale at a later date. He also noted that the bond sale was due to be com- pleted by late August. B. JOHNSON MOVED to adopt Ordinance No. 2415 pro- viding for issuing the bonds and accepting the purchase proposal of Foster & Marshall/American Express , Inc. , Bailey seconded. Motion carried. Registration for Obligations of the City. ordi- nance 2418 has been prepared by bond counsel adopting a system of registration for obligations of the City. In accordance with the recommendations of bond counsel and the City Attorney, B. JOHNSON MOVED to adopt Ordinance No. 2418 , Woods seconded. Motion carried. COUNCIL Public Works Committee. Kelleher noted that the COMMITTEES Committee meeting dates have been changed from Tuesdays to the first and third Wednesdays .at 9 : 00 a.m. The next meeting was scheduled for July 20. Parks Committee. Bailey reported that the Parks Committee would meet on Tuesday, July 26, at 9 : 00 a.m. and that the Six Year Comprehensive Parks Improvement Plan would be discussed. ADJOURNMENT KELLEHER MOVED that the meeting be adjourned at 8 : 05 p.m. , Biteman seconded. Motion carried. An executive session was held immediately following the regular meeting. Marie Jensen, CMC � City Clerk 8 -