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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 11/07/1983 I Kent, Washington November 7, 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: Personnel Director Webby. Approximately 50 people were in attendance at the meeting. PROCLAMATION Key Club Week. A proclamation was read by Mayor Hogan declaring the week of November 6 - 12, 1983 as Key Club Week in the City of Kent. CONSENT BITEMAN MOVED for the adoption of Consent Calendar CALENDAR Items A through N with the exception of Item C and M which were removed at the request of City Admini- strator Cushing. J. Johnson seconded. Motion carried. MINUTES (CONSENT CALENDAR ITEM 5A) Approval of Minutes. APPROVAL of the minutes of the regular Council meeting of October 17, 1983. HEALTH & (CONSENT CALENDAR ITEM 5F) SANITATION LID 311 - (S 180th Street Sanitary Sewers) Financ- ing. APPROVAL to establish interim financing for LID 311 in the amount of $20, 000 from a loan from the unencumbered balance of the Sewer and Garbage Fund . (CONSENT CALENDAR ITEM 5I) LID 305 - 113th Avenue S E Sewers (North of S.E. 256th ADOPTION of Ordinance No . 2432 confirming the final assessment roll for LID 305. The public hearing was conducted on October 17 , 1983. STREETS (CONSENT CALENDAR ITEM 5E) LID 283 - Streets, Sewer & Water - 72nd S. , 70th S. , S 216th, S. 220th and West Valley Highway. ACCEPT- ANCE as complete of the contract with City Transfer for the construction of the water, sewer and street improvements in the vicinity of 72nd Avenue S. , 70th Avenue S. , South 216th Street, South 220th Street, and West Valley Highway and RELEASE of re- tainage after receipt of the necessary releases from the State. - 1 - November 7, 1983 STREETS (CONSENT CALENDAR ITEM 5G) LID 310 72nd Avenue South P-2 Channel Crossing. AUTHORIZATION for the Mayor to sign an agreement with Corporate Property Investors, one of the pro- perty owners, requiring them to complete certain street and utility improvements. (CONSENT CALENDAR ITEM 5H) LID 310 - 72nd Avenue South P-2 Channel. ADOPTION of Ordinance 2431 creating LID 310 as directed by City Council at their meeting of November 1, 1982 . (CONSENT CALENDAR 5M) REMOVED AT THE REQUEST OF CITY ADMINISTRATOR CUSHING. Central & James Condemnation Ordinance. Ordinance No. 2435 has been prepared authorizing condemnation of property owned by the Kent School District at the intersection of James Street and Central Avenue for a right turn lane from northbound Central to eastbound James. Cushing explained that the ordinance simply authorizes condemnation should a negotiated purchase not be successful . He further explained that the ordinance indicates that the project is sufficiently important that if negotiated acquisition cannot be worked out based on the appraised value the City would have the authority to pursue condemn- ation. In response to Bailey' s question, Cushing explained that Dr. Daniels was aware that the City would be initiating a letter to the School Board in the hopes that acquisition could be negotiated without condemnation. LEAHY MOVED to adopt Ordinance No. 2435. B. Johnson seconded. Motion carried. UNIFORM (CONSENT CALENDAR ITEM 5L) FIRE Fire Code Ordinance. ADOPTION of Ordinance 2434 re- CODE lating to fire prevention and amending Chapter 13 . 02 of the Kent City Code to adopt the Uniform Fire Code 1982 Edition, as recommended by the Public Safety Committee and further discussed at the Council workshop of September 12. This ordinance will repeal Chapter 13. 04 , Chapter 13 . 06, Chapter 13. 08 and will adopt a new Chapter 13 . 06A. ZONING Zoning Code Amendment. On October 25, 1983, the CODE Planning Commission held a public hearing to consider proposed additions and amendments to the Kent Zoning 2 - November 7, 1983 ZONING Code relating to Conditional Use Permits. The CODE hearing was concluded on that date and the Planning Commission' s recommendation of approval is included in the agenda packet. B. JOHNSON MOVED to adopt Ordinance No. 2440 approving the amendments to the Kent Zoning Code as recommended by the Planning Commission, J. Johnson seconded. Motion carried. Cushing also noted that the Conditional Use Permit changes would now allow administratively granting of permits for up to 25% of industrial areas for non-industrial use and that this was also another step forward in speeding up the permit process. KENT (CONSENT CALENDAR ITEM 5K) CITY Code Change Ordinance. ADOPTION of Ordinance No. CODE 2433 relating to the City of Kent Economic Develop- ment Corporation, renumbering Chapter 12. 18 of the Kent City Code to 12. 28. ANNEXATION Armstrong Springs Well Site Annexation. On February 2, 1982, Council authorized the Public Works Director to begin the annexation proceedings of the Armstrong Springs Well Site, located at Wax Road and Southeast 272nd, for municipal purposes. All requirements have been met and King County Boundary Review Board has approved the proposed annexation. B. JOHNSON MOVED to adopt Ordinance No. 2439 annexing the Armstrong Springs Well Site, Leahy seconded. Motion carried. SENIOR (CONSENT CALENDAR ITEM 5C) CENTER REMOVED AT THE REQUEST OF CITY ADMINISTRATOR CUSHING. Architectural Services for the Senior Activity Center. The Parks Committee and Parks Department have recom- mended that the Mayor be authorized to sign a contract not to exceed $131, 949 with Henry Klein Partnership for Architectural Services for remodeling the existing Smith Street Shopping Center to the following uses: 1. A Senior Activity Center of approximately 15,000 square feet. 2. A Shopping Arcade (rental space) of approximately 3, 600 square feet. 3. An outdoor activity park. 4. A revised parking area. - 3 - November 7, 1983 SENIOR Cushing explained that this item needed more review CENTER by City staff before it was ready to be brought back to the Council. Kelleher requested that it be brought to the workshop before coming back to the Council and Cushing concurred. PRELIMINARY (CONSENT CALENDAR ITEM 5J) PLAT Northwest Business Park Phase I (SU-83-1) . SETTING November 21, 1983 as a public meeting date to con- sider the Northwest Business Park Phase I Preliminary Plat request by Upland Industrial Development Company. The Hearing Examiner has recommended approval with conditions. FLOOD Flood Hazard Regulations Ordinance. During the per- CONTROL mit process review by the Chamber of Commerce, it was noted that the County was taking a long time to review the Flood Control Zoning Permits. Responding to that, at our request, DOE delegated Kent to admini- ster the Flood Control Zone Permit Process for the Green River Flood Control Zone No. 2. DOE requested certain amendments to Kent's Ordinance to meet State Program requirements by clarifying that all building and development within Green River Control Zone No. 2 shall comply with the State Flood Control Act and by deleting provisions for variances from Flood Hazard Regulations. Kelleher raised questions about the proposed ordi- nance, noting that he had not seen a copy of it and was concerned that it met with the approval of the Chamber of Commerce who had initiated discussions about the proposed change. In response to questions from both Kelleher and Biteman, Wickstrom explained that the ordinance affected was the Federal Emergency Management Agency (FEMA) ordinance, an ordinance which has been adopted by the Valley cities, including Renton, Tukwila, Auburn and Kent. He further explained that the FEMA ordinance must be adopted in order to get flood insurance to build on the Valley floor. Wickstrom clarified that the purpose of the ordinance before the Council is merely to speed up the process with regard to Flood Control Zone Permits, which pre- viously were processed through King County and the Department of Ecology, but which would through passage of the ordinance be processed at the local level. 4 - November 7, 1983 FLOOD Cushing further clarified that this was the result CO NTROL of discussions initiated a couple of years ago by the Chamber of Commerce and the City with a view to speeding up the permit process. He noted that this was one of the recommendations resulting from the study, and the Chamber concurred. Kelleher noted that he would vote in favor of passage of the ordinance but suggested that in the future issues similar to this go to workshop or Council committee before coming to the Council for action. B. JOHNSON MOVED to adopt Ordinance No. 2437, amending Ordinance No. 2282, as last amended by Ordinance No. 2293, and that the Mayor be AUTHORIZED to sign the agreement with DOE authorizing the City to administer the Flood Control Permit Program for the Green River Flood Control Zone No. 2, Bailey seconded. Cushing noted that passage of the ordinance was part of the City' s ongoing battle to speed up the permit process and that Flood Control Zone Permit process was one of the items most often referred to by architects, builders and engineers during Chamber/City committee hearings. FINANCE Utility Rates. The Mayor noted receipt of a letter from Mrs. Nancy Magee, 804 Maplewood Avenue, regard- ing utility rate increases. BAILEY MOVED to make the letter part of the record, B. Johnson seconded. The Mayor noted that several of the Council members and City staff had been contacted by Mrs. Magee regarding her problems. Cushing noted that staff had been asked to research the matter and to develop a reply, with copies being sent to the Council. If any further action is deemed necessary, it will be handled accordingly. Motion carried. (CONSENT CALENDAR ITEM 5N) Property Taxes Ordinance. ADOPTION of Ordinance No. 2436, a preliminary step for commencing action against the County for withholding property tax revenues, as recommended by the Finance Committee on October 31. The Ordinance directs King County to invest Kent' s property taxes as they are received. - 5 - November 7, 1983 FINANCE Sewer Bond Defeasance Ordinance. Ordinance No. 2438 has been prepared by the City' s Bond Counsel author- izing the defeasance of $1,104, 000 of Sewer Revenue Bonds. This defeasance will be accomplished by in- vesting approximately $810, 000 currently available in the Sewer Debt Retirement Accounts. This process will free up an additional $240, 000 also currently available in these accounts for other sewer purposes. This subject was discussed with the Finance Committee at their October 14 , 1983 meeting. Minutes have been included in the packet along with the proposal for defeasing these bonds as prepared by Bond Counsel. The proposal indentifies a number of advantages for this defeasance. BAILEY MOVED to adopt Ordinance 2438, Woods seconded. Motion carried. (CONSENT CALENDAR ITEM 5B) Approval of Bills. APPROVAL of payment of the bills received through November 2, 1983 after auditing by the Finance Committee at its meeting at 4: 00 p.m. on November 15. BUDGET Cushing reported that the public hearing on the 1984 budget is scheduled for November 21, with the hope that any deliberations on proposed changes would be completed before December 5 so adoption of the final budget ordinance could be accomplished at that time. WATER (CONSENT CALENDAR ITEM 5D) Bill of Sale - Valley Square Shopping Center._ ACCEPTANCE of the bill of sale and warranty agreement for continuous operation and maintenance for approxi- mately 201 feet of water main constructed in the vicinity of West Smith Street and AUTHORIZATION for the release of the cash bond after the expiration of the 1-year maintenance period. Bids - Armstrong Springs Well. Bid opening was held on October 26, with four bids received. The Public Works Director recommended that the bid award be held over until the next Council meeting so the con- sulting engineer, URS, could make a recommendation regarding the pumps acid motors submitted in the low bid. - 6 - November 7, 1983 WATER LID 314 104th Avenue S.E./S.E. 270th Water Main Extension. This date has been set for the public hearing on the formation of LID 314. Public Works Director Wickstrom described the scope of the pro- ject and location, noting that the LID was entirely in the County. He noted that the total cost of the project was $107 ,210. 83, with $92, 301. 13 being assessed against the property owners and the City paying the difference for oversizing the main on 104th Avenue S.E. to a 12-inch main. He described the method of assessing the various properties and the time frame for completion of the project. In response to B. Johnson' s questions, he clarified that the property was in the County and that the connections to be made to the City's system were part of the 113 connections which could be handled at this time. He also noted that the developed properties were on private wells. He responded to Biteman' s questions about the percentage of property owners in favor by noting that only two protests had been received to date, representing 21% which left a balance of 79% still in favor of the project. The public hearing was opened by Mayor Hogan. BITEMAN MOVED to accept the letter of protest re- ceived from Helen and R. B. Doggett, 10101 S.E. 270th Place, for the record, B. Johnson seconded. Motion carried. BITEMAN MOVED, Woods seconded, to accept the letter for the record of Jake and Trina Breimer, protesting the LID. Motion carried. No other cor- respondence has been received. Les Thomas, 10321 S.E. 270th Place, addressed the Council noting that there were a large number of people in attendance in favor of the project. He reviewed some of the history of the project and also commented on the problems experienced by people in the area. Leo Richter, 27104 104th Avenue S.E. , raised questions about the method of assessment and Wickstrom clarified that the cost would be greater for some properties because of the distance from the main. There were no further comments and B. JOHNSON MOVED to close the public hearing. Woods seconded. Motion carried. B. JOHNSON MOVED that the City Attorney be directed to prepare the ordinance creating LID 314, J. Johnson seconded. Motion carried. 7 _ November 7, 1983 TRAFFIC Church 'of the Nazarene Parking Lot. It was noted CONTROL that a petition has been received from property owners on Alvord Avenue and those affected by develop- ment on the hill asking that the City not allow ingress or egress for the parking lot of the First Church of the Nazarene to Alvord Avenue North. The petition contains 29 signatures, was filed on October 24, and copies have been forwarded to the Council and staff. B. JOHNSON MOVED to accept the petition for the record, J. Johnson seconded. Motion carried. It was also noted by the Mayor that late today a petition had been received from the Church of the Nazarene. BAILEY MOVED to make the petition part of the record, Woods seconded. Motion carried. Blair Henry, telephone 344-5356 , member of the Church and attorney representing it, addressed the Council noting that a large number of church members had attended the Council meeting with regard to the petition presented. He asked that he be contacted should further notice of any action pending before the Council on the matter be given. The presence of those in attendance on behalf of the Church was acknowledged by the Council. City Administrator Cushing acknowledged that the petition had been received late this date and noted that although his attempts to reach Mr. Henry were to no avail, he had discussed the matter with the Assistant Pastor of the Church in an attempt to clarify the intent of the petition. He clarified that the intent was apparently to demonstrate the concern of the church over the single ingress and egress off James Street. He noted that the Public Works Department has indicated that the City would not be allowing ingress and egress on Alvord. After further discussion with the Church, it was determined that a meeting would be put together between repre- sentatives of the Church and City staff to look at the options and try to resolve the problem. if the issue cannot be resolved by this method, then it will most likely have to be resolved through a public hearing before the Council. Cushing pointed out that should a public hearing be necessary, it - 8 - November 7, 1983 TRAFFIC would be scheduled so that all interested parties CONTROL in the area would receive ample notice. In response he City questions, Cushing noted that t y to Bailey' s qu g would like to meet with the Church within the next week, with a report to be made to the Council at the workshop of November 28 and if necessary a public hearing scheduled for the first regular meeting in December if possible. He concurred with Bailey that the City staff also wished to resolve the problem before the end of the year. Sunny Anderson addressed the Council regarding the Cedar Street vacation hearing on February 22 of this year, noting that it was approved with the stipulation that there be no access to Hazel and Cedar Streets. In response to her questions, Wickstrom noted that the denial of access had not been reversed and that the road being used was a temporary construction road. He also responded to Ms . Anderson' s questions about the amount of the bond by noting that the $500 was held to insure proper clean-up measures had been taken following construction and before the project was accepted, as well as needed repairs caused by the street usage for the project. COUNCIL Finance & Personnel. Leahy noted that the Finance COMMITTEES Committee would meet on Tuesday, November 15, at 4: 00 p.m. Parks Committee. Bailey reported that the Parks Committee would meet on November 9 , Wednesday, at 2: 00 p.m. for discussion of the Parks budget, and again on Tuesday, November 15 , at 2 : 00 p.m. for consideration of some acquisitions. Public Safety. J. Johnson stated that a meeting was scheduled for Thursday, November 10, at 4: 00 p.m. to consider the Police Department budget. He also noted that a meeting was scheduled for Monday, November 14, 1983 at 4 : 00 p.m. to discuss the pro- posed pawnbrokers ordinance. In response to questions from Biteman, he noted that the Police Department would be notifying people involved regarding the meeting. _ 9 _ November 7, 1983 COUNCIL Public Works Coimnittee. Kelleher noted that the COMMITTEES Public Works Committee would meet on Thursday, November 10 at 12: 30 p.m. to consider the budget as well as other public works and planning matters. ADJOURNMENT BAILEY MOVED that the meeting be adjourned at 7:45 p.m. , B. Johnson seconded. Motion carried. i Betty Gray, CPS Deputy City Clerk 10 -