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.
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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
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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
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